JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 11, 2016 and adjourned Thursday, March 24, 2016
2016 Atlanta, Ga.
OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
2016
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 GWINNETT 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
GWINNETT COUNTY
BELLE DOSS.................................................. Assistant Clerk for Administrative Services FANNIN COUNTY
MONDAY, JANUARY 11, 2016
1
Representative Hall, Atlanta, Georgia
Monday, January 11, 2016
First Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The following communications were received:
House of Representatives Coverdell Legislative Office Building, Room 512
Atlanta, Georgia 30334
To: Bill Reilly, Clerk of the House of Representatives
From: Rep. Tonya Anderson
Date: April 6, 2015
I was absent from the floor on the following bill and would like for my vote to reflect:
SB 133 'NO'
House of Representatives Coverdell Legislative Office Building, Room 511 H
Atlanta, Georgia 30334
Personally Hand Delivered
April 9, 2015
Honorable Nathan Deal Governor of Georgia State Capitol Atlanta, GA 30334
Dear Governor Deal,
After 35 enjoyable and successful years in the Georgia House of Representatives, I have decided to shift my priorities and transition back to fulltime Civil Human Rights work. I
2
JOURNAL OF THE HOUSE
have decided to make the Moore's Ford Bridge Lynching's in Monroe, GA, my number #1 priority.
After leading the 12th Annual March on The Bridge on Saturday, April 4th, commemorating the 47th Anniversary of my Leader and Hero Dr. Martin Luther King Jr., I made my final decision on Easter Sunday at the square in downtown Covington while remembering the 1970 movement, where I was almost killed by Sheriff Henry Odum Jr. Moore's Ford is special because it's been a part of my life since 1968. As you know, it was on Dr. King's agenda from 1946 to 1968. So many of my colleagues involved in this movement have just recently passed including: Mr. Ed Brown, Camilla, GA, Mr. Ralph Ivey, Social Circle, GA, and Rev. Clarence Grier Jr., former Pastor 1st African Baptist Church, Monroe, Georgia. Additionally, Mr. Robert Howard is presently suffering from Alzheimer's/Dementia plus many more others are declining in health. Other Moore's Ford suspects and witness are also passing away rapidly. That's why I have to devote all my time and energy to this movement before my time is up. Plus, we are raising a 2 month old, 5 year old, and 6 year old and a 17 year old.
Therefore I am hereby resigning from house District 55, immediately effective today.
Peace and Justice WE SHALL OVERCOME
/s/ Tyrone Brooks
cc. Honorable David Ralston Speaker, GA House of Representatives
State of Georgia Office of the Governor Atlanta 30334-0090
April 9, 2015
The Honorable Tyrone Brooks Representative, District 55 Georgia House of Representatives Room 511 H Coverdell Legislative Office Building Atlanta, Georgia 30334
Dear Representative Brooks:
MONDAY, JANUARY 11, 2016
3
Thank you for the service you have rendered as the District 55 Representative in the Georgia House of Representatives. I appreciate you taking the time to apprise me of your resignation, effective immediately.
Your resignation as a member of the Georgia House of Representatives is hereby accepted, and I wish you all the best. Again, thank you for your service to the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rb
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
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 55 has become vacant due to the resignation of Representative Tyrone Brooks.
Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, June 16, 2015, to fill the vacancy in District 55 of the Georgia House of Representatives.
This 17th day of April, 2015.
/s/ Nathan Deal Governor
House of Representatives State Capitol, Room 338 Atlanta, Georgia 30334
April 29, 2015
4
JOURNAL OF THE HOUSE
Honorable Nathan Deal, Governor State of Georgia 201 State Capitol Atlanta, Georgia 30334
Dear Governor Deal:
Please accept this letter as my official resignation as the State Representative from District 146 effective 9:00 a.m. on April 30, 2015.
Sincerely,
/s/ Larry O'Neal
cc: Speaker of the House of Representatives Fiscal Office Legislative Counsel Clerk's Office
State of Georgia Office of the Governor Atlanta 30334-0090
April 29, 2015
The Honorable Larry O'Neal Representative, District 146 Georgia House of Representatives 200 Willingham Drive Bonaire, Georgia 31005
Dear Representative O'Neal:
Thank you for the service you have rendered as the District 146 Representative in the Georgia House of Representatives. I appreciate you taking the time to apprise me of your resignation, effective April 30, 2015 at 9:00 a.m.
Your resignation as the Representative for District 146 is hereby accepted, and I wish you all the best. Again, thank you for your service to the State of Georgia.
Sincerely,
/s/ Nathan Deal
MONDAY, JANUARY 11, 2016
5
ND:rb
cc: The Honorable Brian Kemp, Secretary of State The Honorable David Ralston, Speaker, Georgia House of Representatives
House of Representatives 218 State Capitol Atlanta, GA 30334
May 11, 2015
The Honorable Nathan Deal Governor, State of Georgia State Capitol Atlanta, GA 30334
Dear Governor Deal:
I offer this letter as the resignation of my office as a member of the Georgia House of Representatives for District 24. After much prayer and family discussion, I have accepted an outstanding opportunity in the private sector that will require my relocation to Nashville. My retirement decision did not come easy, as I have truly enjoyed serving the citizens of Georgia, and it has been a tremendous honor to represent the great citizens of Cumming and Forsyth County over the last nine years.
I am also honored to have served with you, your team and many other hard working public officials and staff. Thank you for your leadership, for all your support, and for your outstanding service and dedication to this great state. God bless you, your family and to the many outstanding Georgians across this state.
Sincerely,
/s/ Mark Hamilton State Representative, District 24
CC: Speaker David Ralston Brian Kemp, Secretary of State
State of Georgia Office of the Governor Atlanta 30334-0090
May 11, 2015
6
JOURNAL OF THE HOUSE
The Honorable Mark Hamilton Representative, District 24 Georgia House of Representatives 108 Colony Park Drive, Suite 400 Cumming, Georgia 30034
Dear Representative Hamilton:
Thank you for the service you have rendered as the District 24 Representative in the Georgia House of Representatives. I appreciate you taking the time to apprise me of your resignation, effective immediately.
Your resignation as the Representative for District 24 is hereby accepted, and I wish you all the best. Again, thank you for your service to the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rb
cc: The Honorable Brian Kemp, Secretary of State The Honorable David Ralston, Speaker, Georgia House of Representatives
State of Georgia Office of the Governor Atlanta 30334-0090
May 12, 2015
The Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
The Honorable David Ralston Speaker of the Georgia House
of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Gentlemen:
Please be advised that I have line-item vetoed the following appropriations included in House Bill 76:
Veto: Section 50, pertaining to the Georgia General Obligation Debt
Sinking Fund, page 245, Line 355.582
MONDAY, JANUARY 11, 2016
7
The veto message is attached for the item referenced above.
Sincerely,
/s/ Nathan Deal
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 76 FY 2016 Appropriations Bill
Line-Item Vetoes by the Governor
Section 50, pertaining to the Georgia General Obligation Debt Sinking Fund, page 245, Line 355.582:
This language authorizes the appropriation of $809,900 in debt service to finance projects and facilities for the Department of Community Affairs, specifically for the construction of a seawall on Hutchinson Island in Savannah, through the issuance of $3.5 million in five-year taxable bonds. Article VII, Section IV, Paragraph I (c) requires that general obligation debt may only be issued to "acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state." In this instance, the state does not have ownership of the land identified for the seawall, and thus is prohibited from using general obligation debt to finance this project. Therefore, Deal vetoes this language (page 245, line 355.582) in the provisions relative to Section 50 State of Georgia General Obligation Debt Sinking Fund and the state general funds of $809,900.
State of Georgia Office of the Governor Atlanta 30334-0090
May 12, 2015
8
JOURNAL OF THE HOUSE
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 76, 182 and 215 which passed the General Assembly during the 2015 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reason for such vetoes. These bills and corresponding reasons for the vetoes are attached.
Sincerely,
/s/ Nathan Deal
ND:rt
Attachment
cc: The Honorable David Ralston, Speaker, 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
State of Georgia Office of the Governor
Atlanta 30334-0090
May 12, 2015
The Honorable David Ralston Speaker of the Georgia House
of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Speaker Ralston:
MONDAY, JANUARY 11, 2016
9
I have vetoed House Bills 86, 251, 439, 510, 524, 577, 580, and 651 which passed the General Assembly during the 2015 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
2015 Session of the Georgia General Assembly
General Legislation Veto Messages
Veto Number 1
SB 76
Senate Bill 76 would allow motorcycle and bicycle operators to enter an
intersection without providing a definitive regard to the traffic signal in instances where
the lightweight nature of their vehicle will not activate a traffic-control device. While I
am sympathetic to the concerns and causes of motorcyclists and bicyclists, this legislation
does not provide an adequate solution and presents a confusing exception to motorists.
Furthermore, Senate Bill 76 would eliminate the current 15-inch height restriction placed
on motorcycle handlebars. Motorcycles equipped with handlebars more than 15 inches in
height pose a safety hazard due to the increased difficulty in steering and decreased
control. In 2014, crashes involving motorcycles and bicycles accounted for 13 percent of
the fatalities on Georgia roads, and I do not see how this legislation will enhance roadway
safety. Therefore, in the interest of providing the necessary roadway safety Georgians
deserve, I hereby VETO Senate Bill 76.
10
JOURNAL OF THE HOUSE
Veto Number 2
HB 439 House Bill 439, the Georgia New Markets Jobs Act, contains two major tax policy initiatives that affect the Georgia insurance premium tax. It provides for $55 million in tax credits against insurance premium tax liability for certain equity investments in qualified community development entities. During the legislative process, language was added to HB 439 authorizing the Invest Georgia Fund to sell up to $55 million in tax credits against insurance premium tax liability. Each of these concepts merit serious discussion standing on their own; however, the combination of these policy initiatives into one piece of legislation and the prospect of implementing these initiatives at the same time under our current budget environment would have too much of an impact on the general fund. It is my opinion that these initiatives require further study and, thus, I hereby VETO House Bill 439.
Veto Number 3
HB 510 House Bill 510 sets up a separate fund of the OneGeorgia Authority to be known as the Georgia Sports Commission Fund. The bill specifies that funding shall be provided by any source allowable by law. The OneGeorgia Authority already has an existing mechanism in place which serves a similar purpose as the proposed legislation. Due to its lack of necessity, I hereby VETO House Bill 510.
Veto Number 4
HB 86
House Bill 86 seeks to transfer the Division of Aging Services (DAS) from
the Department of Human Services (DHS) to create the Georgia Adult and Aging
Services Agency as an attached agency to the Department of Community Health. The
legislation would transfer social services such as senior employment services, elderly
legal assistance, in-home services, home delivered meals and adult protective services to
the Department of Community Health, an agency responsible for the planning and
delivery of health care to the citizens and employees of the State of Georgia.
This legislation attempts to merge two agencies with diverse missions and methods of service delivery while failing to align elderly services to the agency whose mission and scope is to deliver human services throughout the state. I welcome the opportunity to revisit the restructuring of Division of Aging Services in the future to create a more tailored alignment of services to agency mission. Accordingly, I hereby VETO House Bill 86.
Veto Number 5
HB 524 This legislation would create a statewide registry of business trade names to be housed and maintained by the Georgia Superior Court Clerks' Cooperative Authority.
MONDAY, JANUARY 11, 2016
11
This legislation would require those who have already lawfully registered their trade names in the appropriate superior court, and paid that court's fee for doing so, to pay an additional fee to take advantage of the proposed online registry. I also have significant concerns about language in the bill attempting to dedicate a portion these new fees for a specific purpose. For these reasons, I hereby VETO House Bill 524.
Local Legislation - Veto Messages
Veto Number 6
HB 251 House Bill 251 provides a new charter for the City of Americus. The author of the legislation has requested that HB 251 be vetoed because the bill does not achieve what the author had intended. A separate piece of legislation, HB 425, is the corrected version creating a new charter for the City of Americus. Having reviewed the legislation and considered the request of the author of this legislation, I hereby VETO House Bill 251.
Veto Number 7
HB 577 House Bill 577 authorizes 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." The author of the legislation and the Rockdale County delegation of the General Assembly have requested that HB 577 be vetoed because there is an incorrect date within the language of the bill. Having reviewed the legislation and considered the request of the author and the Rockdale County delegation, I hereby VETO House Bill 577.
Veto Number 8
HB 580 House Bill 580 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. Additionally, this legislation removes the sunset provision placed upon the technology fee. I have previously vetoed this legislation (HB 858) in 2014. For these reasons, I hereby VETO House Bill 580.
Veto Number 9
HB 651 House Bill 651 changes the method of filling vacancies on the Board of Education in Paulding County. The author of the legislation requested that House bill 651 be vetoed because the current bill does not achieve what the author intended. Having
12
JOURNAL OF THE HOUSE
reviewed the legislation and considered the request of the author of this legislation, I hereby VETO House Bill 651.
Veto Number 10
SB 182
Senate Bill 182 provides for the creation of one or more community
improvement districts in Newton County and in each municipality therein. The author of
the legislation and the Newton County delegation of the General Assembly have
requested that SB 182 be vetoed because there is an error within the bill. Having
reviewed the legislation and considered the request of the author as well as the Newton
County delegation, I hereby VETO Senate Bill 182.
Veto Number 11
SB 215
Senate Bill 215 creates the Schley County Utilities Authority. The author
of the legislation has requested that SB 215 be vetoed because the bill does not achieve
what the author intended. A separate piece of legislation, SB 220, is the corrected
version that allows for the creation of the Schley County Utilities Authority. Having
reviewed the legislation and considered the request of the author of this legislation, I
hereby VETO Senate Bill 215.
House of Representatives 131 State Capitol
Atlanta, Georgia 30334
May 14, 2015
Honorable Nathan Deal Office of the Governor 203 State Capitol Atlanta, GA 30334
Dear Governor Deal:
Pursuant to O.C.G.A. 45-5-1 and 45-5-5, I hereby resign the District 80 seat in the Georgia House of Representatives effective today at 11:59 p.m.
I have mentioned in a number of forums over the past few weeks that the 2015 session of the General Assembly was far and away the most productive of the 11 sessions in which I have participated as a member of the House of Representatives.
The productivity of this year's session is due in large measure to your strong leadership. Because of your leadership, non-violent offenders are afforded new
MONDAY, JANUARY 11, 2016
13
opportunities to become productive members of our society, children in underperforming schools will have hope for improvement in the quality of their education, and our transportation infrastructure will receive much-needed funding and maintenance. DeKalb County also has seen improvement under your leadership through the attention you have given our school system and county government.
Serving as the voice of my community in the House of Representatives will remain one of the greatest privileges I have been afforded in my lifetime. I am grateful to the residents of Brookhaven, Chamblee, and Sandy Springs for allowing me to serve them. I look forward to serving the citizens of DeKalb County in the new role to which you have appointed me.
Sincerely,
/s/ Mike Jacobs
cc: Speaker David Ralston
State of Georgia Office of the Governor Atlanta 30334-0090
May 14, 2015
The Honorable Mike Jacobs Representative, District 80 Georgia House of Representatives 3522 Ashford Dunwoody Road, #430 Brookhaven, Georgia 30319
Dear Representative Jacobs:
Thank you for the service you have rendered as the District 80 Representative in the Georgia House of Representatives. I appreciate you taking the time to apprise me of your resignation, effective today at 11:59 p.m.
Your resignation as the Representative for District 80 is hereby accepted, and I wish you all the best. Again, thank you for your service to the State of Georgia.
Sincerely,
/s/ Nathan Deal
14
JOURNAL OF THE HOUSE
ND:rb
cc: The Honorable Brian Kemp, Secretary of State The Honorable David Ralston, Speaker, Georgia House of Representatives
House of Representatives State Capitol, Room 218 Atlanta, Georgia 30334
May 14, 2015
The Honorable Nathan Deal Governor, State of Georgia State Capitol Atlanta, Georgia 30334
Dear Governor Deal,
I offer this letter as the resignation of my office as a member of the Georgia House of Representatives for District 155, effective Thursday, May 14, 2015 at 11:59 p.m. I have enjoyed serving the citizens of Georgia, and it has been an honor to represent the great citizens of my district.
It has been a great pleasure to serve with you, your team, and the many other hard working public officials and staff. Thank you for your leadership, for all your support, and your service to this great state.
Sincerely,
/s/ Jay Roberts State Representative District 155
JR/ap
cc: Speaker David Ralston Brian Kemp, Secretary of State Fiscal Office
State of Georgia Office of the Governor Atlanta 30334-0090
May 14, 2015
MONDAY, JANUARY 11, 2016
15
The Honorable Jay Roberts Representative, District 155 Georgia House of Representatives 767 Brushy Creek Road Ocilla, Georgia 31774
Dear Representative Roberts:
Thank you for the service you have rendered as the District 155 Representative in the Georgia House of Representatives. I appreciate you taking the time to apprise me of your resignation, effective Thursday, May 14, 2015 at 11:59 p.m.
Your resignation as the Representative for District 155 is hereby accepted, and I wish you all the best. Again, thank you for your service to the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rb
cc: The Honorable Brian Kemp, Secretary of State The Honorable David Ralston, Speaker, Georgia House of Representatives
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 24 has become vacant due to the resignation of Representative Mark Hamilton.
Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, June 16, 2015, to fill the vacancy in District 24 of the Georgia House of Representatives.
This 14th day of May, 2015.
/s/ Nathan Deal Governor
16
JOURNAL OF THE HOUSE
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 48 has become vacant due to the passing of Representative Harry Geisinger.
Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, July 14, 2015, to fill the vacancy in District 48 of the Georgia House of Representatives.
This 14th day of May, 2015.
/s/ Nathan Deal Governor
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 80 has become vacant due to the resignation of Representative Mike Jacobs.
Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, July 14, 2015, to fill the vacancy in District 80 of the Georgia House of Representatives.
This 14th day of May, 2015.
/s/ Nathan Deal Governor
THE STATE OF GEORGIA EXECUTIVE ORDER
MONDAY, JANUARY 11, 2016
17
BY THE GOVERNOR:
House District 146 has become vacant due to the resignation of Representative Larry O'Neal.
Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, July 14, 2015, to fill the vacancy in District 146 of the Georgia House of Representatives.
This 14th day of May, 2015.
/s/ Nathan Deal Governor
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 155 has become vacant due to the resignation of Representative Jay Roberts.
Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, July 14, 2015, to fill the vacancy in District 155 of the Georgia House of Representatives.
This 14th day of May, 2015.
/s/ Nathan Deal Governor
MEMO
DATE:
5/18/2015
TO:
MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES
18
JOURNAL OF THE HOUSE
FROM: SPEAKER DAVID RALSTON
Pursuant to House Rule 12, I am hereby appointing the following members to the House Committee on Assignments:
Majority Leader Jon Burns Rep. Amy Carter Rep. Mike Cheokas Rep. Sharon Cooper Rep. Katie Dempsey Rep. Tom Dickson Rep. Earl Ehrhart Rep. Terry England Rep. Rich Golick Rep. Matt Hatchett Rep. Penny Houston Speaker Pro-Tem Jan Jones Rep. John Meadows Rep. Jay Powell Rep. Matt Ramsey Rep. Ed Rynders Rep. Barbara Sims Rep. Lynn Smith Rep. Richard Smith Rep. Ron Stephens Rep. Sam Teasley Rep. Bruce Williamson
The House Committee on Assignments has unanimously approved the attached committee assignments for the remainder of 2015 and 2016.
/s/ David Ralston Speaker, Georgia House of Representatives
Agriculture & Consumer Affairs
Total Members - 23 Republicans - 20 Democrats - 3
McCall Harden Dickey Bentley Burns Carter Cooke Dukes Dunahoo England Epps
Tom Buddy Robert Patty Jon Amy Kevin Winfred Emory Terry Bubber
Chairman
R
Vice Chairman R
Secretary
R
Member
D
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Appropriations
Total Members - 85
Republicans - 71 Democrats - 16 Ex-Officio - 2
MONDAY, JANUARY 11, 2016
19
Holmes Jasperse Kaiser Kirby LaRiccia Quick Rutledge Tankersley Taylor Turner Watson Williams
Susan Rick Margaret Tom Dominic Regina Dale Jan Darlene Scot Sam Chuck
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
England Nimmer
Rynders Welch
Carter Dempsey Dickson Ehrhart Houston Parrish Peake Powell
Terry Chad
Ed Andy
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
Houston
Penny
Chairman
R
Efstration
Chuck
Vice-Chairman R
Cooke
Kevin
Member
R
Dudgeon
Mike
Member
R
Greene
Gerald
Member
R
Mayo
Rahn
Member
D
Peake
Allen
Member
R
Shaw
Jason
Member
R
Tankersley
Jan
Member
R
Watson
Sam
Member
R
Republicans (9)
Democrats (1)
Total - 10
Dickson Clark Casas Coleman Glanton Jones Jasperse Kaiser Lumsden
Education Tom Valerie David Brooks Mike Jan Rick Margaret Eddie
Chairman
R
Vice-Chairman R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
D
Member
R
20
JOURNAL OF THE HOUSE
Maxwell Tanner
Howard
Member
R
Kevin
Member
R
Republicans (9) Democrats (2) Total - 11
Carter Dickey Abrams Allison Barr Bryant Hatchett
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
Matt
Member
R
Chuck
Member
R
Don
Member
R
Jimmy
Member
R
Lynn
Member
R
Republicans (9) Democrats (2) Total - 11
Parrish Harbin Dollar Gardner Hawkins Hugley Quick Sims Stephens Strickland
Taylor
Health Butch Ben Matt Pat Lee Carolyn Regina Barbara Ron Brian
Darlene
Chairman
R
Vice-Chairman R
Member
R
Member
D
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
Republicans (9) Democrats (2) Total - 11
Ehrhart Williams Battles Burns Cheokas Golick Jones Nix Rice
Higher Education
Earl
Chairman
R
Chuck
Vice-Chairman R
Paul
Member
R
Jon
Member
R
Mike
Member
R
Rich
Member
R
Sheila
Member
D
Randy
Member
R
Tom
Member
R
Banks and Banking
MONDAY, JANUARY 11, 2016
21
Rogers Setzler Smith Smyre Yates
Carl Ed Richard Calvin John
Member
R
Member
R
Member
R
Member
D
Member
R
Republicans (12) Democrats (2) Total - 14
Dempsey Broadrick Benton Brockway Epps
Harden Henson Howard Kirby Morris Oliver Taylor
Human Resources
Katie
Chairman
R
Bruce
Vice-Chairman R
Tommy
Member
R
Buzz
Member
R
Bubber
Member
R
Buddy
Member
R
Michele
Member
D
Henry "Wayne" Member
D
Tom
Member
R
Greg
Member
R
Mary Margaret Member
D
Tom
Member
R
Republicans (9) Democrats (3) Total - 12
Welch
Hightower Atwood
Ballinger Caldwell Coomer Evans Greene Hitchens Powell Ramsey Rogers Weldon Willard Williams
Public Safety Andy
Dusty Alex
Mandi Johnnie Christian Stacey Gerald Bill Alan Matt Terry Tom Wendell Al
Chairman
R
Vice-Chairman 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
D
Republicans (13) Democrats (2) Total - 15
Morris Strickland
Greg Brian
Chairman
R
Vice-Chairman R
22
JOURNAL OF THE HOUSE
Total Members - 26 Republicans - 19 Democrats - 7
Budget and Fiscal Affairs Oversight Total Members - 16 Republicans - 9 Democrats - 7
Code Revision Total Members - 16 Republicans - 10 Democrats - 6
Nix Caldwell Coomer Dawkins-Haigler Deffenbaugh Dickey Douglas Dunahoo Duncan Ehrhart Fludd Frazier Harden Houston Jordan Kelley Knight Marin Parrish Rhodes Smith Teasley Weldon Williamson
Randy Johnnie Christian Dee John Robert Demetrius Emory Geoff Earl Virgil Gloria Buddy Penny Darryl Trey David Pedro Butch Trey Earnest Sam Tom Bruce
Martin Harrell Ballinger Caldwell Cheokas Frazier Frye Gasaway Houston Jones Jordan Lumsden Tarvin Thomas Wilkerson Williams
Chuck Brett Mandi Michael Mike Gloria Spencer Dan Penny LaDawn Darryl Eddie Steve Erica David Coach
Greene
Gravley Pak Alexander Barr Bennett Caldwell Casas Kelley
Gerald
Micah BJ Kimberly Timothy Karen Michael David Trey
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
D
Member
R
Member
R
Member
D
Member
R
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
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
MONDAY, JANUARY 11, 2016
Defense & Veterans Affairs Total Members - 15 Republicans - 9 Democrats - 6
Economic Development & Tourism Total Members - 33 Republicans - 25 Democrats - 9
Mabra Morris Smith Stephenson Stovall Welch Weldon
Yates Hitchens Pezold Anderson Clark Clark Deffenbaugh Ealum Efstration Glanton Holcomb Prince Rogers Smith Tarvin
Stephens Rogers Sims Battles Belton Bennett Brockway Bryant Burns Caldwell Dempsey Dickson Dukes Floyd Gordon Gravley Greene Hatchett Henson Hitchens Holmes Houston Marin Nix Parrish Pruett Rakestraw
Ronnie Greg Michael Pam Valencia Andy Tom
John Bill John Tonya David Heath John Darrel Chuck Mike Scott Brian Terry Earnest Steve
Ron Terry Barbara Paul Dave Karen Buzz Bob Jon Michael Katie Tom Winfred Hugh J. Craig Micah Gerald Matt Michele Bill Susan Penny Pedro Randy Butch Jimmy Paulette
23
Member
D
Member
R
Member
D
Member
D
Member
D
Member
R
Member
R
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
R
Member
R
Member
R
Member
R
Member
D
Member
D
Member
D
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
24
Education Total Members - 25 Republicans - 18 Democrats - 7
Energy, Utilities & Telecommunications Total Members - 20 Republicans - 16 Democrats - 4
JOURNAL OF THE HOUSE
Rhodes 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
Parsons
Carson Dudgeon Allison Dempsey Dickey Dollar Drenner Frazier Harbin Hatchett Holmes Kelley Martin Raffensperger Smith
Trey Jason Brian Tom Able Mable Joe Al
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
Don
John Mike Stephen Katie Robert Matt Karla Gloria Ben Matt Susan Trey Chuck Brad Earnest
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
D
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
R
Member
R
Member
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
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
R
Member
R
Member
R
Member
D
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
D
Ethics Total Members - 11 Republicans - 7 Democrats - 4
Game, Fish & Parks Total Members - 18 Republicans - 13 Democrats - 5
Governmental Affairs Total Members - 17 Republicans - 12 Democrats - 4 Independents - 1
MONDAY, JANUARY 11, 2016
25
Stover Teasley Williams Williamson
Wilkinson Abrams Fludd Gardner Hatchett Hugley Jones Burns Ramsey Teasley Willard
Knight Broadrick Pruett Beasley-Teague Bruce Corbett Dickerson Dunahoo Ehrhart LaRiccia McCall Meadows Nimmer Shaw Smith Spencer Tarvin Williams
Rynders Brockway Taylor Carter Fleming Floyd Hightower Kidd Lumsden Mabra Meadows Mosby Oliver Powell Powell
David Sam Coach Bruce
Member
R
Member
R
Member
D
Member
R
Joe Stacey Virgil Pat Matt Carolyn Jan Jon
Matt Sam Wendell
Chairman
R
Member
D
Member
D
Member
D
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
David
Bruce Jimmy Sharon Roger John Pam Emory Earl Dominic Tom John Chad Jason Earnest Jason Steve Al
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
D
Member
R
Member
R
Member
D
Ed
Chairman
R
Buzz
Vice-Chairman R
Darlene
Secretary
R
Amy
Member
R
Barry
Member
R
Hugh
Member
D
Dustin
Member
R
E. Culver "Rusty" Member
I
Eddie
Member
R
Ronnie
Member
D
John
Member
R
Howard
Member
D
Mary Margaret Member
D
Alan
Member
R
Jay
Member
R
26
Health & Human Services Total Members - 38 Republicans - 21 Democrats - 16 Independent - 1
Higher Education Total Members - 18 Republicans - 13 Democrats - 5
JOURNAL OF THE HOUSE
Taylor Williamson
Cooper Hawkins Rynders Barr Bennett Beverly Broadrick Cheokas Clark Dempsey Douglas Drenner Frye Gordon Harden Hatchett Henson Howard Jasperse 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
Tom Bruce
Member
R
Member
R
Sharon
Chairman
R
Lee
Vice-Chairman R
Ed
Secretary
R
Timothy
Member
R
Karen
Member
D
James
Member
D
Bruce
Member
R
Mike
Member
R
Valerie
Member
R
Katie
Member
R
Demetrius
Member
D
Karla
Member
D
Spencer
Member
D
J. Craig
Member
D
Buddy
Member
R
Matt
Member
R
Michele
Member
D
Henry "Wayne" Member
D
Rick
Member
R
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
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
MONDAY, JANUARY 11, 2016
Human Relations & Aging Total Members - 15 Republicans - 8 Democrats - 7
Industry and Labor Total Members - 15 Republicans - 10 Democrats - 5
Information and Audits Total Members - 9 Republicans - 6 Democrats - 3
Ehrhart Gardner Gasaway Holcomb Knight Mabra Pezold Ramsey Smyre
Earl Pat Dan Scott David Ronnie John Matt Calvin
Benton Kirby Gasaway Bell Beasley-Teague Bruce Clark Dawkins-Haigler Ealum Frye Jasperse Petrea Rogers Scott Spencer
Tommy Tom Dan Simone Sharon Roger Valerie Dee Darrell Spencer Rick Jesse Terry Sandra Jason
Shaw
Nimmer Kirby Broadrick Bryant Dawkins-Haigler England Fleming Floyd Marin Meadows McClain Pruett Strickland Werkheiser
Jason
Chad Tom Bruce Bob Dee Terry Barry Hugh Pedro John Dewey Jimmy Brian Bill
Cheokas Duncan
Dunahoo Ballinger Randall Sharper Trammell Werkheiser Williams
Mike Geoff
Emory Mandi Nikki Dexter Bob Bob Chuck
27
Member
R
Member
D
Member
R
Member
D
Member
R
Member
D
Member
R
Member
R
Member
D
Chairman
R
Vice-Chairman R
Secretary
R
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
Member
R
28
JOURNAL OF THE HOUSE
Insurance Total Members - 28 Republicans - 24 Democrats - 4
Interstate Cooperation Total Members - 11 Republicans - 6 Democrats - 5
Intragovernmental Coordination Total Members - 15 Republicans - 9 Democrats - 6
Smith Caldwell Carson Atwood Brockway Cheokas Dollar Efstration Epps Gasaway Golick Harbin Hawkins Hugley Lumsden Maxwell Mayo Meadows Randall Reeves Rogers Shaw Stephens Tarvin Taylor Teasley Wilkinson Williamson
Dollar Cooke Duncan Belton Evans Jones Kendrick McClain Reeves Stovall Waites
Tankersley Carson Tanner Alexander Anderson Bell Bentley Broadrick Coleman
Richard Johnnie John Alex Buzz Mike Matt Chuck Bubber Dan Richard Ben Lee Carolyn Eddie Howard Rahn John Nikki Bert Carl Jason 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 Bruce Brooks
Chairman
R
Vice-Chairman R
Secretary
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
D
Member
R
Member
D
Member
R
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
Member
R
Member
R
Juvenile Justice Total Members - 26 Republicans - 14 Democrats - 12
Judiciary Total Members - 18 Republicans - 10 Democrats - 6 Ex-Officio - 2 R
MONDAY, JANUARY 11, 2016
29
Corbett Douglas Raffensperger Rynders Stephenson Strickland
Weldon Ballinger Rakestraw Allison Atwood Bell Cantrell Chandler Coomer Dickerson Efstration Evans Holcomb Howard Jones Kendrick Oliver Quick Raffensperger Sharper Spencer Thomas Waites Watson Welch Wilkerson
Willard Fleming Allison Beskin Bruce Caldwell Evans Golick Jones Kelley Mabra Oliver Powell Rutledge Stephenson Welch Weldon
John Demetrius Brad Ed Pam Brian
Tom Mandi Paulette Stephen Alex Simone Wes Joyce Christian Pamela Chuck Stacey Scott Henry "Wayne" Sheila Dar'Shun Mary Margaret Regina Brad Dexter Jason Erica Keisha Sam Andy David
Wendell Barry Stephen Beth Roger Johnnie Stacey Rich LaDawn Trey Ronnie Mary Margaret Jay Dale Pam Andy Tom
Member
R
Member
D
Member
R
Member
R
Member
D
Member
R
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
D
Member
D
Member
D
Member
R
Member
R
Member
D
Member
R
Member
D
Member
D
Member
R
Member
R
Member
D
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
D
Member
R
Member
D
Ex-Officio
R
Member
D
Member
R
Member
D
Member
D
Member
R
Member
R
Member
D
Member
R
Member
R
30
JOURNAL OF THE HOUSE
Wilkinson
Judiciary Non-Civil
Total Members - 18
Republicans - 12 Democrats - 5 Ex-Officio - 1
Golick Pak Hightower Abrams Atwood Ballinger Coomer Cooper Dickerson Gravley Kendrick Ramsey Randall Reeves Setzler Strickland Trammell Willard
Legislative and Congressional Reapportionment
Total Members - 21
Republicans - 13 Democrats - 8
Nix Holmes Rynders Alexander Beasley-Teague Cooke Dickerson Dickson Dollar Efstration Ehrhart Jackson Jones Mayo Scott Setzler Smith Smith Stephens Thomas Yates
MARTOC
(Gov Appt) (Gov Appt) (State Planning Chair) (Gov Appt) (Ways and Means Chair)
Taylor
Beskin Glanton Mitchell Pruett VACANT Powell
Joe
Rich BJ Dusty Stacey Alex Mandi Christian Sharon Pam Micah Dar'shun Matt Nikki Bert Ed Brian Bob Wendell
Randy Susan Ed Kimberly Sharon Kevin Pam Tom Matt Chuck Earl Mack Jan Rahn Sandra Ed Lynn Richard Mickey Able Mable John
Tom Beth Mike Billy Jimmy
Jay
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
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
D
Member
D
Member
R
Member
R
Member
R
MONDAY, JANUARY 11, 2016
Motor Vehicles Total Members - 16 Republicans - 10 Democrats - 6
Natural Resources & Environment Total Members - 23 Republicans - 19 Democrats - 4
Public Safety & Homeland Security Total Members - 17 Republicans - 12 Democrats - 5
Rice Tanner Battles Alexander Barr Caldwell Douglas Epps Howard Jones Jordan Powell Prince Stover Trammell Yates
Smith Harden Watson Barr Buckner Coleman Corbett Dickey Drenner England Epps Gardner Gasaway Jones McCall Morris Nimmer Nix Smith Tankersley Tanner Thomas Williams
Powell Taylor Atwood Clark Cooke Frazier Glanton Gravley Greene Hightower
Tom Kevin Paul Kimberly Timothy Johnnie Demetrius Bubber Wayne Jeff Darryl Alan Brian David Bob John
Lynn Buddy Sam Timothy Debbie Brooks John Robert Karla Terry Bubber Pat Dan Jeff Tom Greg Chad Randy Richard Jan Kevin Able Mable Chuck
Alan Darlene Alex Heath Kevin Gloria Mike Micah Gerald Dusty
31
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
R
Member
R
Member
D
Member
R
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
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
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
R
Member
D
Member
D
Member
R
Member
R
Member
R
32
Regulated Industries Total Members - 23 Republicans - 18 Democrats - 5
Retirement Total Members - 15 Republicans - 9 Democrats- 6
Rules
JOURNAL OF THE HOUSE
Hitchens Holcomb Jackson Jasperse Lumsden Petrea Waites
Maxwell Harrell Dickson Anderson Bennett Chandler Cooke Cooper Deffenbaugh Fludd Golick Hawkins Jones Martin Mitchell Powell Rakestraw Ramsey Rogers Rutledge Stephens Taylor Welch
Battles Kirby Weldon Bentley Benton Beverly Buckner Coleman Coomer Gordon Greene Maxwell Meadows Wilkerson Williams
Meadows Peake Smith
Bill Scott Mack Rick Eddie Jesse Keishea
Howard Brett Tom Tonya Karen Joyce Kevin Sharon John Virgil Rich Lee Jan Chuck Billy Alan Paulette Matt Terry Dale Mickey Tom Andy
Paul Tom Tom Patty Tommy James Debbie Brooks Christian J. Craig Gerald Howard John David Coach
John Allen Richard
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
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
Member
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
R
Member
D
Member
D
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
D
Member
D
Chairman
R
Vice-Chairman R
Secretary
R
Total Members - 37 Republicans - 30 Democrats - 7
Science and Technology Total Members - 20 Republicans - 10 Democrats - 9 Independents - 1
MONDAY, JANUARY 11, 2016
33
Abrams Ballinger
Benton Burns Cooper Dempsey Dickson Drenner Ehrhart Evans Fleming Golick
Greene Hatchett
Hugley Jackson Jones Knight Morris Parrish Powell Powell Ramsey Rice Rogers Rogers
Setzler Sims Smith Smyre Stephens Weldon Willard Williams
Stacy Mandi
Tommy Jon Sharon Katie Tom Karla Earl Stacey Barry Rich
Gerald Matt
Carolyn Mack Jan David Greg Butch Alan Jay Matt Tom Carl Terry
Edward Barbara Lynn Calvin Ron Tom Wendell Al
Ex-Officio
D
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
D
Member
D
Member
R
Member
R
Member
R
Member
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 Spencer
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
Jason
Member
R
34
JOURNAL OF THE HOUSE
Small Business Development Total Members - 26 Republicans - 16 Democrats - 10
Special Rules Total Members - 20 Republicans - 12 Democrats - 8
Thomas Thomas Turner Wilkerson
Epps Deffenbaugh Harden Beverly Bruce Cantrell Carter Clark Drenner Dudgeon Fludd Henson Jackson Jones Kendrick Kirby Knight Peake Pezold Powell Rakestraw Sharper Shaw Stover Stovall Tarvin
Jasperse Watson Spencer Allison Anderson Beverly Dukes Gordon Hightower Holmes Kirby LaRiccia Prince Rakestraw Rhodes Scott Smith Tanner Turner
Able Mable Erica Scot David
Bubber John Buddy James Roger Wes Amy David Karla Mike Virgil Michele Mack LaDawn Dar'Shun Tom David Allen John Alan Paulette Dexter Jason David Valencia Steve
Rick Sam Jason Stephen Tonya James Winfred J. Craig Dusty Susan Tom Dominic Brian Paulette Trey Scott Michael Kevin Scot
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
D
Member
R
Member
D
Member
D
Member
D
Member
D
Member
D
Member
R
Member
R
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
R
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
D
Member
R
Member
R
MONDAY, JANUARY 11, 2016
35
Waites
State Properties
Total Members - 13
Republicans - 8 Democrats - 4 Independents - 1
Sims Dunahoo Greene Buckner Burns Cheokas Clark Ealum Jones Kidd Lumsden Smith Werkheiser
State Planning & Community Affairs
Total Members - 13
Republicans - 7 Democrats - 6
Pruett Rogers Quick Bell Beskin Caldwell Cooke Dickerson Dukes Jackson McClain Turner Williams
Transportation
Total Members - 25
Republicans - 18 Democrats - 7
Coomer
Clark Epps Ballinger Benton Bryant Burns Carson Deffenbaugh Dempsey
Gardner Harrell Jacobs Jones Jordan McCall Nimmer Prince Rutledge Rynders Setzler
Keisha
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
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
Christian
Valerie Bubber Mandy Tommy Bob Jon John John Katie
Pat Brett Mike Sheila Darryl Tom Chad Brian Dale Ed Ed
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
D
Member
D
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
36
JOURNAL OF THE HOUSE
Sims Waites Watson Williams
Ways & Means
Total Members - 29
Republicans - 20 Democrats - 7 Ex-Officio - 2
Powell Peake Harrell
Abrams Battles Beasley-Teague Bryant Buckner Carson Duncan England Fludd Harbin Houston Kelley Knight
Martin Mosby Pak Parsons Ramsey Rice Rutledge Rynders Stephens Stephens Teasley Willard Williamson
*****Speaker, Speaker Pro Tem, Majority Leader and Majority Whip are ex officio members of all standing committees and subcommittees of the House.
Barbara Keishea Sam Al
Jay Allen Brett Stacy Paul Sharon Bob Debbie John Geoff Terry Virgil Ben Penny Trey David Chuck Howard BJ Don Matt Tom Dale Ed Mickey Ron Sam Wendell Bruce
State of Georgia Office of the Governor
Atlanta 30334-0090
June 23, 2015
Mr. Bill Reilly Clerk of the House
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
Member
R
Ex-Officio
R
Member
D
Member
R
Member
R
Member
R
Member
R
MONDAY, JANUARY 11, 2016
37
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 Allen Peake to succeed the Honorable Christian Coomer as one of my Floor Leaders in the Georgia House of Representatives. Please afford him all due rights and compensation in accordance with this position, effective immediately.
If I can be of further service, please do not hesitate to contact me.
Sincerely,
/s/ Nathan Deal
ND:rb
cc: The Honorable David Ralston, Speaker of the Georgia House of Representatives Ms. Jennifer Sanders, Legislative Fiscal Officer
House of Representatives Coverdell Legislative Office Building, Room 614
Atlanta, Georgia 30334
The Honorable Nathan Deal Governor, State of Georgia 201 State Capitol Atlanta, Georgia 30334
Dear Governor Deal:
It is with regret I am announcing I will resign my seat in the Georgia House of Representatives, District 122, on July 7, 2015. It has been a privilege to serve the state of Georgia and my constituents in Columbia County for over 20 years. I count many of these constituents as dear friends and thank them for their support.
During these years at the Capitol I have been witness to good and bad economic times. In each of these circumstances, I believe that we have risen to the best of our abilities, and held to our state's motto by providing "Wisdom, Justice and Moderation" in all of our decisions. This is the reason Georgia is the best state in the country for business.
38
JOURNAL OF THE HOUSE
I am not taking this choice to resign lightly, but I know in my heart that it is the best for my family and me. I will miss my colleagues in the House, and look forward to maintaining the long friendships made over these many years.
Thank you for your leadership as Governor, and for the support and respect that you provide for each legislator.
May God continue to bless the great state of Georgia.
Sincerely,
/s/ Ben Harbin Ben L. Harbin Representative, District 122
cc: Honorable David Ralston, Speaker of the House Honorable Bill Reilly, Clerk of the House
Office of Legislative Counsel General Assembly of Georgia
MEMORANDUM
TO:
MEMBERS OF THE GENERAL ASSEMBLY
FROM THE 8TH CONGRESSIONAL DISTRICT
FROM: WAYNE R. ALLEN, LEGISLATIVE COUNSEL
DATE:
JUNE 25, 2015
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 a member to fill the vacancy of the State Transportation Board from the 8th Congressional District. Such caucus will be held at the Georgia National Fairgrounds and Agricenter, Conference Room A, Perry, Georgia, on Monday, July 6, 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
MONDAY, JANUARY 11, 2016
39
partly embraced within the 8th Congressional District are eligible to participate in said caucus.
State of Georgia Office of the Governor Atlanta 30334-0090
July 1, 2015
The Honorable Ben Harbin Representative, District 122 Georgia House of Representatives 4571-A Cox Road Evans, Georgia 30809
Dear Representative Harbin:
Thank you for the service you have rendered as the District 122 Representative in the Georgia House of Representatives. I appreciate you taking the time to apprise me of your resignation, effective July 7, 2015.
Your resignation as the Representative for District 122 is hereby accepted, and I wish you all the best. Again, thank you for your service to the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rb
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
Office of Legislative Counsel General Assembly of Georgia
10 July 2015
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
40
JOURNAL OF THE HOUSE
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Tim Golden was elected as the member of the State Transportation Board from the 8th Congressional District. He will serve for the remainder of the term expiring April 15, 2020. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am
Respectfully,
/s/ Wayne R. Allen WAYNE R. ALLEN Legislative Counsel
WRA:dd Enclosures
cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable Tommy Williams Honorable Amy Carter Honorable Tim Golden Honorable Russell McMurry Mr. David Cook Mr. Bill Reilly
Office of Legislative Counsel General Assembly of Georgia
TO:
HONORABLE BRIAN KEMP
SECRETARY OF STATE
This is to certify that Honorable Tim Golden 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 8th Congressional District to fill the current vacancy for the remainder of the term expiring April 15, 2020.
/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
MONDAY, JANUARY 11, 2016
41
/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES
Office of Legislative Counsel General Assembly of Georgia
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 July 6, 2015 in Conference Room A of the Georgia National Fairgrounds and Agricenter. At that caucus, Honorable Tim Golden was elected as the member of the State Transportation Board from the 8th Congressional District to fill the remainder of the term expiring April 15, 2020.
Respectfully submitted,
/s/ Tommie Williams Honorable Tommie Williams Senator, District 19 CHAIRMAN
/s/ Amy A. Carter Honorable Amy Carter Representative, District 175 SECRETARY
The State of Georgia Office of Secretary of State
I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached one page list the results as shown on the consolidated returns filed in this office for the Special Election held on the 14th day of July 2015, in District 48 of the State House of Representatives of Fulton County, to fill the vacancy created by the Honorable Harry Geisinger. Having received the majority of the votes cast, Elizabeth Clark Price was duly elected to this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 20th day of July, in the year of our Lord Two Thousand and Fifteen and of the Independence of the United
42
JOURNAL OF THE HOUSE
States of America the Two Hundred and Fortieth.
(SEAL)
/s/ Brian P. Kemp Secretary of State
Georgia Secretary of State Election Report
Special Election Official Results
July 14, 2015 Special Election
State Contest
County
State Representative, District 48 FULTON
Total:
Choice JAMES W. "JIMMY" JOHNSON (D) DAVE MCCLEARY (R) BETTY PRICE (R) Votes For Seat In County:
JAMES W. "JIMMY" JOHNSON (D) DAVE MCCLEARY (R) BETTY PRICE (R) Total Votes For Seat:
Votes 388
909 1,358 2,655
388
909 1,358 2,655
Votes % 14.61%
34.24% 51.15%
14.61%
34.24% 51.15%
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 48 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.
MONDAY, JANUARY 11, 2016
43
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/ Elizabeth Clark Price STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 20th day of July, 2015.
/s/ Tom Campbell Judge, Superior Court of Fulton County
The State of Georgia Office of Secretary of State
I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached two pages list the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 14th day of July, 2015, in District 24 State Representative in Forsyth County and District 55 State Representative in Fulton County to fill the vacancies.
Having received the majority of the votes cast, Sheri Small Gilligan was duly elected to House District 24 and Marie Robinson Metze was duly elected to House District 55.
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 20th day of July, in the year of our Lord Two Thousand and Fifteen and of the Independence of the United States of America the Two Hundred and Fortieth.
(SEAL)
/s/ Brian P. Kemp Secretary of State
44
JOURNAL OF THE HOUSE
Georgia Secretary of State Election Report
Special Election Runoff Official Results
July 14, 2015 Special Election Runoff
State Contest
County
State Representative, District 24 FORSYTH
Total:
Choice SHERI SMALLWOOD GILLIGAN (R) DAVID M. VAN SANT (R) Votes For Seat In County:
SHERI SMALLWOOD GILLIGAN (R) DAVID M. VAN SANT (R) Total Votes For Seat:
Votes 2,858
947
3,805 2,858
947
3,805
Votes % 75.11% 24.89%
75.11% 24.89%
Georgia Secretary of State Election Report
Special Election Runoff Official Results
July 14, 2015 Special Election Runoff
State Contest
County
State Representative, District 55 FULTON
Total:
Choice MARIE ROBINSON METZE (D) SHELITHA RENEE ROBERTSON (D) Votes For Seat In County:
MARIE ROBINSON METZE (D) SHELITHA RENEE ROBERTSON (D) Total Votes For Seat:
Votes 1,421
1,020
2,441 1,421
1,020
2,441
Votes % 58.21% 41.79%
58.21% 41.79%
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 55 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
MONDAY, JANUARY 11, 2016
45
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/ Marie R. Metze STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 30th day of July, 2015.
/s/ Robert Benham Justice, Supreme Court of Georgia
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 24 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
46
JOURNAL OF THE HOUSE
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/ Sheri Gilligan STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 5th day of August, 2015.
/s/ Jeff Bagley Judge, Bell-Forsyth Circuit
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 three pages lists the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 11th day of August, 2015, in District 80 State Representative in Dekalb and Fulton Counties, District 146 State Representative in Houston County and District 155 State Representative in Ben Hill, Coffee, Irwin, Tift and Turner Counties to fill the vacancies.
Having received the majority of the votes cast, Taylor J. Bennett was duly elected to House District 80, Shaw Blackmon was duly elected to House District 146 and Clay Pirkle was duly elected to House District 155.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of
MONDAY, JANUARY 11, 2016
47
Atlanta, this 17th day of August, in the year of our Lord Two Thousand and Fifteen and of the Independence of the United States of America the Two Hundred and Fortieth.
(SEAL)
/s/ Brian P. Kemp Secretary of State
Georgia Secretary of State Election Report
Special Election Runoff Official Results
August 11, 2015 Special Election Runoff
State Contest
County
State Representative, District 80 DEKALB
FULTON
Total:
Choice TAYLOR J BENNETT (D) J. MAX DAVIS (R) Votes For Seat In County:
TAYLOR J BENNETT (D) J. MAX DAVIS (R) Votes For Seat In County:
TAYLOR J BENNETT (D) J. MAX DAVIS (R) Total Votes For Seat:
Votes 2,338 1,963 4,301 377 300 677 2,715 2,263 4,978
Votes % 54.36% 45.64%
55.69% 44.31%
54.54% 45.46%
Georgia Secretary of State Election Report
Special Election Runoff Official Results
August 11, 2015 Special Election Runoff
State Contest
County
State Representative, District 146 HOUSTON
Total:
Choice SHAW BLACKMON (R) LARRY WALKER (R) Votes For Seat In County:
SHAW BLACKMON (R) LARRY WALKER (R) Total Votes For Seat:
Votes 2,520 1,905 4,425 2,520 1,905 4,425
Votes % 56.95% 43.05%
56.95% 43.05%
48
JOURNAL OF THE HOUSE
Georgia Secretary of State Election Report
Special Election Runoff Official Results
August 11, 2015 Special Election Runoff
State Contest
County
State Representative, District 155 BEN HILL
COFFEE
IRWIN
TIFT
TURNER
Total:
Choice HORACE HUDGINS (R) CLAY PIRKLE (R) Votes For Seat In County:
HORACE HUDGINS (R) CLAY PIRKLE (R) Votes For Seat In County:
HORACE HUDGINS (R) CLAY PIRKLE (R) Votes For Seat In County: HORACE HUDGINS (R) CLAY PIRKLE (R) Votes For Seat In County: HORACE HUDGINS (R) CLAY PIRKLE (R) Votes For Seat In County:
HORACE HUDGINS (R) CLAY PIRKLE (R) Total Votes For Seat:
Votes 482 496 978 93 102 195 674 620
1,294 166 466 632 221 657 878
1,636 2,341 3,977
Votes % 49.28% 50.72%
47.69% 52.31%
52.09% 47.91%
26.27% 73.73%
25.17% 74.83%
41.14% 58.86%
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 146 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.
MONDAY, JANUARY 11, 2016
49
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/ Shaw Blackmon STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 20th day of August, 2015.
/s/ George F. Nunn, Jr. Judge, Houston Superior Court
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 155 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
50
JOURNAL OF THE HOUSE
swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.
SO HELP ME GOD.
/s/ Clay Pirkle STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 21st day of August, 2015.
/s/ Michael P. Boggs Judge, Court of Appeals of Georgia
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 80 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.
MONDAY, JANUARY 11, 2016
51
/s/ Taylor Bennett STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 27th day of August, 2015.
/s/ Mike Jacobs Judge, State Court of DeKalb County
From: Sent: Subject:
Hardin, Dianne Wednesday, September 2, 2015 NEW MEMBERS COMMITTEE ASSIGNMENTS
Below are the committee assignments for the new members. Please reflect these changes on your records.
Rep. Taylor Bennett Budget and Fiscal Affairs Oversight Judiciary Small Business Development
Rep. Shaw Blackmon Economic Development and Tourism Insurance Special Rules
Rep. Clay Pirkle Agriculture Science and Technology State Properties
Rep. Sheri Gilligan Code Revision Human Relations and Aging Natural Resources and Environment
Rep. Betty Price Governmental Affairs Health and Human Services State Planning and Community Affairs
52
JOURNAL OF THE HOUSE
Marie Robinson-Metze Economic Development and Tourism Interstate Cooperation Special Rules
Dianne Hardin Executive Assistant to Speaker David Ralston 332 State Capitol Atlanta, Georgia 30334
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 122 has become vacant due to the resignation of Representative Ben L. Harbin.
Therefore, pursuant to Article V, Section II, Paragraph V of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, November 3, 2015, to fill the vacancy in District 122 of the Georgia House of Representatives.
This 4th day of September, 2015.
/s/ Nathan Deal Governor
House of Representatives Coverdell Legislative Office Building, Room 512
Atlanta, Georgia 30334
September 17, 2015
Governor Nathan Deal 206 Washington Street 111 State Capitol Atlanta, Georgia 30334
Governor Deal:
MONDAY, JANUARY 11, 2016
53
It is an honor and privilege to serve the State of Georgia, but more specifically the citizens of House District 92. I have been humbled and blessed to be chosen to do so. However, at this juncture in my career, I am in pursuit of greater aspirations.
Please accept this letter as a letter of resignation from my current seat as State Representative of House District 92 while I pursue the vacated Senate District 43 seat.
Thanks for your leadership.
Sincerely,
/s/ Tonya P. Anderson
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 92 has become vacant due to State Representative Tonya Anderson having qualified as a candidate for Senate District 43.
Therefore, pursuant to Article V, Section II, Paragraph V of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, November 3, 2015, to fill the vacancy in District 92 of the Georgia House of Representatives.
This 18th day of September, 2015.
/s/ Nathan Deal Governor
State of Georgia Office of the Governor Atlanta 30334-0090
September 21, 2015
The Honorable Tonya Anderson Representative, District 92 Georgia House of Representatives P.O. Box 1026 Lithonia, Georgia 30058
54
JOURNAL OF THE HOUSE
Dear Representative Anderson:
Thank you for the service you have rendered as the District 92 Representative in the Georgia House of Representatives. I appreciate you taking the time to apprise me of your resignation, effective September 17, 2015.
Your resignation as the Representative for District 92 is hereby accepted, and I wish you all the best. Again, thank you for your service to the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rb
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 18 Capitol Square, SW Legislative Office Building, Room 612 Atlanta, Georgia 30334
October 29, 2015
Governor Deal,
I hereby announce my resignation from the Georgia House of Representatives effective November 13, 2015. It has been an honor to serve the citizens of Georgia and specifically the constituents of House District 58.
Respectfully yours,
/s/ Simone Bell
cc: Speaker David Ralston cc: Leader Stacey Abrams
State of Georgia Office of the Governor Atlanta 30334-0090
October 30, 2015
MONDAY, JANUARY 11, 2016
55
The Honorable Simone Bell Representative, District 58 Georgia House of Representatives 612 Coverdell Legislative Office Building 18 Capitol Square, S.W. Atlanta, Georgia 30334
Dear Representative Bell:
Thank you for the service you have rendered as the District 58 Representative in the Georgia House of Representatives. I appreciate you taking the time to apprise me of your resignation, effective November 13, 2015.
Your resignation as the Representative for District 58 is hereby accepted, and I wish you all the best. Again, thank you for your service to the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rb
cc: The Honorable Brian Kemp, Secretary of State The Honorable David Ralston, Speaker, Georgia House of Representatives The Honorable Stacey Abrams, Minority Leader, Georgia House of Representatives
The State of Georgia Office of Secretary of State
I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached page list the results as shown on the consolidated returns on file in this office for the Special Election held on the 3rd day of November, 2015 in District 92 for State Representative in portions of Dekalb, and Rockdale Counties to fill the unexpired term of the Honorable Tonya Anderson.
Having received the majority of the votes cast, Doreen Carter was duly elected to House District 92.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 9th day of November, in the
56
JOURNAL OF THE HOUSE
year of our Lord Two Thousand and Fifteen and of the Independence of the United States of America the Two Hundred and Fortieth.
(SEAL)
/s/ Brian P. Kemp Secretary of State
Georgia Secretary of State Election Report
Special Election Official Results
November 5, 2015 Special Election
State Contest State Representative, District 92
County DEKALB
ROCKDALE
Total:
Choice DOREEN CARTER (D) SHERRI L. WASHINGTON (D) Votes For Seat In County:
DOREEN CARTER (D) SHERRI L. WASHINGTON (D) Votes For Seat In County:
DOREEN CARTER (D) SHERRI L. WASHINGTON (D) Total Votes For Seat:
Votes 383 246
629 425 480
905 808 726
1,534
Votes % 60.89% 39.11%
46.96% 53.04%
52.67% 47.33%
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 92 GEORGIA HOUSE OF REPRESENTATIVES
I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
MONDAY, JANUARY 11, 2016
57
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/ Doreen Carter STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 12th day of November, 2015.
/s/ Ronald B. Ramsey, Sr. Judge, State Court of DeKalb County
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 58 has become vacant due to the resignation of Representative Simone Bell.
Therefore, pursuant to Article V, Section II, Paragraph V of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a Writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, January 19, 2016, to fill the vacancy in District 58 of the Georgia House of Representatives.
This 1st day of December, 2015.
/s/ Nathan Deal Governor
The State of Georgia Office of Secretary of State
58
JOURNAL OF THE HOUSE
I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that
the attached page list the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 1st day of December, 2015 in District 122 for State Representative in Columbia County to fill the unexpired term of the Honorable Ben L. Harbin. Having received the majority of the votes cast, Jodi Lott was duly elected to House District 122.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of December, in the year of our Lord Two Thousand and Fifteen and of the Independence of the United States of America the Two Hundred and Fortieth.
(SEAL)
/s/ Brian P. Kemp Secretary of State
Georgia Secretary of State Election Report
Special Election Runoff Official Results
December 1, 2015 Special Election Runoff
State Contest
County
State Representative, District 122 COLUMBIA
Total:
Choice JODI LOTT (R) MAC TAYLOR (R) Votes For Seat In County:
JODI LOTT (R) MACK TAYLOR (R) Total Votes For Seat:
Votes 4,102 1,290 5,392 4,102 1,290 5,392
Votes % 76.08% 23.92%
76.08% 23.92%
House of Representatives 332 State Capitol Atlanta, GA 30334
December 14, 2015
Representative Jodi Lott 501-A Coverdell Legislative Office Building Atlanta, Georgia 30334
MONDAY, JANUARY 11, 2016
59
Dear Representative Lott,
You have been assigned to the following House committees:
Health and Human Services Juvenile Justice Intragovernmental Coordination
There are many resources available to assist you in your duties as a public officer. I encourage you to use these to the extent you chose to do so.
Very Truly Yours,
/s/ David Ralston David Ralston, Speaker Georgia House of Representatives
DR/lmj
cc: Jennifer Sanders, Fiscal Officer Bill Reilly, Clerk of the House Chairman Sharon Cooper Chairman Tom Weldon Chairman Jan Tankersley
State of Georgia OFFICIAL OATH OF MEMBER GENERAL ASSEMBLY OF GEORGIA
STATE OF GEORGIA, Columbia COUNTY.
I, Jodi Lott do hereby solemnly swear (or affirm) that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this state.
I do further solemnly 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 which I am prohibited from holding by the laws of the State of Georgia; that I have been a resident of the district from which elected
60
JOURNAL OF THE HOUSE
for the time required by the Constitution and laws of this state; and that I am otherwise qualified to hold said office, according to the Constitution of the United States and Laws of Georgia; and that I will support the Constitutions of the United States and of this State.
SO HELP ME GOD!
Sworn to and subscribed before me, this the )
)
14th day of December, 2015.
)
)
/s/ Daniel J. Craig
)
Superior Court Judge
Augusta Judicial Circuit
/s/ Jodi Lott
State of Georgia
LOYALTY OATH
STATE OF GEORGIA
COUNTY OF Columbia
I, Jodi Lott a citizen of Columbia County, Georgia 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.
SO HELP ME GOD.
Sworn to and subscribed before me, this the )
)
14th day of December, 2015.
)
)
/s/ Daniel J. Craig
)
Superior Court Judge
Augusta Judicial Circuit
/s/ Jodi Lott
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison
Coomer Corbett Dawkins-Haigler
Hawkins Henson Hightower
Mitchell Mosby Nix
Smith, L Smith, M Smith, R
MONDAY, JANUARY 11, 2016
61
Atwood Ballinger Barr Battles Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Greene Harden Harrell Hatchett
Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows Metze
Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
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 Bryant of the 162nd, Cooper of the 43rd, Golick of the 40th, Morris of the 156th, and Nimmer of the 178th.
They wished to be recorded as present.
Prayer was offered by Pastor Chad Kelly, East Ellijay Baptist Church, Ellijay, 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.
62
JOURNAL OF THE HOUSE
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 701. By Representatives Casas of the 107th, Chandler of the 105th, Kaiser of the 59th, Clark of the 101st and Brockway of the 102nd:
A BILL to be entitled an Act to amend Code Section 20-2-144 of the Official Code of Georgia Annotated, relating to mandatory instruction concerning alcohol and drug use, so as to require at least 12 hours of instruction in alcohol and drug use prevention for students in grades three through 12; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 702. By Representatives Dunahoo of the 30th, Golick of the 40th, Ballinger of the 23rd, Efstration of the 104th, Caldwell of the 131st and others:
A BILL to be entitled an Act to amend Code Sections 16-3-21 and 17-10-6.1 of the Official Code of Georgia Annotated, relating to the use of force in defense of self or others and punishment for serious violent offenders, respectively, so as to allow a battered persons defense for aggravated assault or aggravated battery; to change provisions requiring mandatory minimum punishment for battered persons who are convicted of a serious violent felony; to provide for related matters; to repeal conflicting laws; and for other purposes.
MONDAY, JANUARY 11, 2016
63
Referred to the Committee on Judiciary Non-Civil.
HB 703. By Representatives Shaw of the 176th, Cheokas of the 138th, Smith of the 134th and Harbin of the 122nd:
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 extensive changes to the captive insurance company provisions of this title; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 704. By Representatives Pezold of the 133rd, McCall of the 33rd, Frye of the 118th, Caldwell of the 20th, Beverly of the 143rd and others:
A BILL to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for industrial hemp cultivation; to provide for definitions; to provide for procedures, conditions, and limitations; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to provide for the possession of industrial hemp under certain circumstances; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 705. By Representatives Dempsey of the 13th, Jasperse of the 11th, Gardner of the 57th, Oliver of the 82nd, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions relating to the governing and regulation of mental health, so as to require a mental health care provider to provide periodic opportunities for a patient to designate a family member or other individual he or she chooses as a person with whom the provider may discuss the patient's medical condition and treatment plan; to provide requirements for the authorization form; to provide for immunity; to provide for statutory construction; to require continuing education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
64
JOURNAL OF THE HOUSE
HB 706. By Representative Mosby of the 83rd:
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 date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 948. By Representatives Waites of the 60th, Roberts of the 155th, Alexander of the 66th, Bruce of the 61st and Yates of the 73rd:
A RESOLUTION encouraging the creation of a high speed rail transit authority to operate in Fulton, Carroll, and Douglas counties; 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 691 HB 693 HB 695 HB 697 HB 699 HR 863 HR 900 HR 907
HB 692 HB 694 HB 696 HB 698 HB 700 HR 864 HR 906 SB 209
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 105. By Senator Jackson of the 2nd:
A BILL to be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by Acts approved March 20, 1985 (Ga. L 1985, p. 4028), March 24, 1994 (Ga. L 1994, p. 3772), and March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide for two full-time magistrates for Chatham County; to provide for the appointment of a third full-time magistrate by the Board of
MONDAY, JANUARY 11, 2016
65
Commissioners; to provide for the election and appointment of successor magistrates; to provide for the appointment of pro tempore and part-time magistrates; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following 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 651. By Senators Shafer of the 48th, Cowsert of the 46th, Henson of the 41st, Mullis of the 53rd and Gooch of the 51st:
A Bill to notify the House of Representatives that the Senate has convened; and for other purposes.
SR 652. By Senators Shafer of the 48th, Cowsert of the 46th, Henson of the 41st, Mullis of the 53rd and Gooch of the 51st:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 969. By Representatives Ralston of the 7th, Blackmon of the 146th, Dickey of the 140th, Hatchett of the 150th and Clark of the 147th:
A RESOLUTION recognizing and commending Warner Robins native and Miss America 2016, Betty Cantrell, for her outstanding representation of the State of Georgia and her commitment to improving her state and country through her work as Miss America; and for other purposes.
HR 971. By Representatives Glanton of the 75th, Ramsey of the 72nd, Fludd of the 64th, Douglas of the 78th, Mabra of the 63rd and others:
A RESOLUTION commending Clayton State University and recognizing January 12, 2016, as Clayton State University Day at the state capitol; and for other purposes.
66
JOURNAL OF THE HOUSE
HR 972. By Representatives Rynders of the 152nd, Parrish of the 158th, Kidd of the 145th and Dempsey of the 13th:
A RESOLUTION recognizing January 13, 2016, as Easter Seals Georgia and its Champions for Children Program Day at the state capitol; and for other purposes.
HR 973. By Representative Gardner of the 57th:
A RESOLUTION honoring Kyle and Brent Pease; and for other purposes.
HR 974. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Jacob "Jaap" Groen; and for other purposes.
HR 975. By Representatives Bruce of the 61st, Dukes of the 154th, Smyre of the 135th, Abrams of the 89th, Thomas of the 56th and others:
A RESOLUTION commending Mr. Horace Julian Bond for his outstanding public service; and for other purposes.
HR 976. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Lynn Burch, Georgia's Family and Consumer Science Teacher of the Year for 2014-2015; and for other purposes.
The following Resolution of the Senate was read:
SR 652. By Senators Shafer of the 48th, Cowsert of the 46th, Henson of the 41st, Mullis of the 53rd and Gooch of the 51st
A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President of the Senate, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.
MONDAY, JANUARY 11, 2016
67
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Golick Y Gordon Y Gravley Y Greene 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Pak Y Parrish Y Parsons Y Peake Y Petrea Pezold Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Stephenson Y Stovall
Stover Y Strickland
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 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 161, nays 0.
The Resolution was adopted.
The Speaker has appointed as a Committee of Notification on the part of the House the following members:
Representatives Rogers of the 10th, Nimmer of the 178th, Dickey of the 140th, Hawkins of the 27th, Rogers of the 29th, and Dunahoo of the 30th.
The following Resolution of the House was read:
68
JOURNAL OF THE HOUSE
HR 966. By Representative Burns of the 159th
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.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton
Golick Y Gordon Y Gravley Y Greene 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Stephenson Y Stovall
Stover Y Strickland
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 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
MONDAY, JANUARY 11, 2016
69
On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution was adopted.
The following Resolution of the House was read:
HR 967. By Representative Burns of the 159th
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 13, 2016, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President of the Senate, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Governor, to each Justice of the Supreme Court, and to each Judge of the Court of Appeals.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Atwood Y Ballinger Y Barr
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M
70
JOURNAL OF THE HOUSE
Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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
Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Gilligan Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Harden
Y Holcomb Y Holmes
Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows Y Metze
Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler
Sharper Y Shaw
Sims Y Smith, E
Y Stephens, R E Stephenson Y Stovall
Stover Y Strickland
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 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 161, nays 0.
The Resolution was adopted.
The following Resolution of the House was read:
HR 968. By Representative Burns of the 159th
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, January 27, 2016, in the hall of the House of Representatives.
MONDAY, JANUARY 11, 2016
71
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from the Chief Justice.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from the Chief Justice.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 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 Gilligan Y Glanton
Golick Y Gordon Y Gravley
Greene 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Stover Y Strickland
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 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
72
JOURNAL OF THE HOUSE
On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution was adopted.
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 678. By Senators Cowsert of the 46th, Mullis of the 53rd and Gooch of the 51st:
A RESOLUTION relative to meetings and adjournments of the General Assembly; and for other purposes.
The following Resolution of the Senate was read:
SR 678. By Senators Cowsert of the 46th, Mullis of the 53rd and Gooch of the 51st
A RESOLUTION
Relative to meetings and adjournments of the General Assembly; and for other purposes.
PART I
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, meetings of the 2016 regular session of the General Assembly during the period of Monday, January 11, 2016, through Monday, February 1, 2016, shall be held in accordance with the following schedule:
Monday, January 11 .................................................................... convene for legislative day 1 Tuesday, January 12 .................................................................... convene for legislative day 2 Wednesday, January 13 ............................................................... convene for legislative day 3 Thursday, January 14 .................................................................. convene for legislative day 4 Friday, January 15 ....................................................................... convene for legislative day 5
Wednesday, January 20 ............................................................... convene for legislative day 6 Thursday, January 21 .................................................................. convene for legislative day 7 Friday, January 22 ....................................................................... convene for legislative day 8
Monday, January 25 .................................................................... convene for legislative day 9 Tuesday, January 26 .................................................................... convene for legislative day 10
MONDAY, JANUARY 11, 2016
73
Wednesday, January 27 ............................................................... convene for legislative day 11 Thursday, January 28 .................................................................. convene for legislative day 12
Monday, February 1 .................................................................... convene for legislative day 13
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. As authorized by said Code section, the hours for convening and adjourning the House of Representatives for each legislative day may be as ordered by the House; and the hours for convening and adjourning the Senate for each legislative day may be as ordered by the Senate. Each house, upon its own adjournment for a legislative day, shall remain in a period of adjournment until it convenes for the next legislative day.
BE IT FURTHER RESOLVED that the schedule for meetings of the 2016 regular session to be held subsequent to the latest legislative day specified above shall be as provided by another resolution of the General Assembly adopted subsequent to the adoption of this resolution.
PART II
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 discontinuation of the schedule for meetings provided by this resolution and provide for reconvening the House and the Senate 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 discontinuation of the schedule for meetings provided by this resolution and provide for reconvening the House and the Senate at the State Capitol in Atlanta, Fulton County, on such date and at such time as they deem practical.
74
JOURNAL OF THE HOUSE
BE IT FURTHER RESOLVED that, in any case of emergency or disaster resulting in the discontinuation of the schedule for meetings 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; and each house shall be and remain in adjournment until convening for the next legislative day on the date certain jointly specified by such officers. Following such reconvening, the General Assembly may provide by joint resolution for a new schedule for meetings and adjournments.
BE IT FURTHER RESOLVED that, as to any case of emergency or disaster resulting in the discontinuation of the schedule for meetings as authorized by this resolution, the adoption of this resolution by the General Assembly shall constitute the consent of both the House of Representatives and the Senate for purposes of Article III, Section IV, Paragraph I(b) of the Constitution.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R E Stephenson Y Stovall
Stover Y Strickland
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 Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A
MONDAY, JANUARY 11, 2016
75
Y Clark, D Y Clark, H Y Clark, V Y Coleman
Cooke
Golick Y Gordon Y Gravley Y Greene Y Harden
Mayo McCall Y McClain Y Meadows Y Metze
Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 161, nays 0.
The Resolution was adopted.
Representative Burns of the 159th 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.
76
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Tuesday, January 12, 2016
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 Atwood Ballinger E Barr Battles Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Casas Chandler Cheokas Clark, D Clark, H Clark, V
Coleman Cooke Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Ealum Efstration Ehrhart England Epps Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Greene Harden 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 Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows Mitchell
Mosby Nimmer Nix Oliver Pak Parrish E Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott 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 Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williamson Yates Ralston, Speaker
Due to a mechanical malfunction, Representative Harrell of the 106th 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:
TUESDAY, JANUARY 12, 2016
77
Representatives Dukes of the 154th, Dunahoo of the 30th, Duncan of the 26th, Golick of the 40th, Metze of the 55th, Morris of the 156th, Setzler of the 35th, and Williams of the 87th.
They wished to be recorded as present.
Prayer was offered by Pastor Olu Brown, Impact Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 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 711. By Representatives Oliver of the 82nd, Mosby of the 83rd, Kendrick of the 93rd, Drenner of the 85th, Dawkins-Haigler of the 91st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for the retirement of certain pension obligations; to provide for definitions; to provide for the creation of special
78
JOURNAL OF THE HOUSE
districts under certain circumstances for a limited period of time; to provide for procedures, conditions, and limitations; to provide for certain taxation in connection with the retirement of such obligations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 723. By Representatives Stover of the 71st, Brockway of the 102nd, Caldwell of the 20th, Jones of the 62nd, Pezold of the 133rd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide that members of the General Assembly who are in office and former members of the General Assembly who have been out of office for less than one year shall be prohibited from employment in state government while in office and for a period of one year after leaving such office; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 726. By Representatives Tanner of the 9th, Powell of the 32nd, Harrell of the 106th, Peake of the 141st, Duncan of the 26th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to clarify that certain charges are not subject to state excise tax; 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 727. By Representatives Battles of the 15th, Turner of the 21st, Parsons of the 44th, LaRiccia of the 169th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48 of the O.C.G.A., relating to taxation of consumer fireworks, so as to provide
TUESDAY, JANUARY 12, 2016
79
for local excise taxation of consumer fireworks and the collection of such excise 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 Regulated Industries.
HB 728. By Representatives Powell of the 32nd and Weldon of the 3rd:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to stalking and the granting of relief by superior courts, respectively, so as to prohibit persons who have secured protective orders from affirmatively soliciting or inviting contact or approach from the party to which the protective order applies for the interests of public safety; to provide for exceptions; to provide for a criminal offense; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 729. By Representative Powell of the 32nd:
A BILL to be entitled an Act to amend Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus, so as to provide for habeas corpus hearings by video conference; to adjust certain procedures to account for habeas corpus hearings by video conference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 730. By Representatives Powell of the 32nd and Weldon of the 3rd:
A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to add the commissioner of juvenile justice or his or her designee as a voting member of 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 Juvenile Justice.
HB 731. By Representatives Oliver of the 82nd, Abrams of the 89th, Hugley of the 136th, Gardner of the 57th, Kendrick of the 93rd and others:
80
JOURNAL OF THE HOUSE
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 prohibit the possession, sale, transport, distribution, or use of certain assault weapons, large capacity magazines, armor-piercing bullets, and incendiary .50 caliber bullets; to provide for crimes involving the possession, sale, transport, distribution, or use of certain assault weapons, large capacity magazines, armor-piercing bullets, and incendiary .50 caliber bullets; to provide for criminal penalties; to designate certain weaponry and ammunition as contraband and to require seizure of such by the Georgia Bureau of Investigation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HR 970. By Representative Battles of the 15th:
A RESOLUTION honoring the life of Mr. Solomon T. "Sol" Dover and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 977. By Representative Powell of the 32nd:
A RESOLUTION honoring the life of Mr. Louie Morris and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 978. By Representatives Buckner of the 137th, Coleman of the 97th, Greene of the 151st, Trammell of the 132nd, Benton of the 31st and others:
A RESOLUTION creating the House Study Committee on Historic Site Preservation; and for other purposes.
Referred to the Committee on Special Rules.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 701 HB 703 HB 705 HR 948
HB 702 HB 704 HB 706 SB 105
TUESDAY, JANUARY 12, 2016
81
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Dickson of the 6th et al., Epps of the 144th, Evans of the 42nd, Peake of the 141st, Smith of the 70th et al., and Stovall of the 74th.
Pursuant to HR 971, the House commended Clayton State University and recognized January 12, 2016, as Clayton State University Day at the state capitol.
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 967. By Representative Burns of the 159th:
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.
The President has appointed as a Committee of Notification/Escort the following Senators: Shafer of the 48th, Cowsert of the 46th, Henson of the 41st, Gooch of the 51st, Fort of the 39th, Ligon of the 3rd, and Jackson of the 24th.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 968. By Representative Burns of the 159th:
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 Resolutions of the House were read and adopted:
HR 980. By Representatives Pak of the 108th, Burns of the 159th, Abrams of the 89th, Hatchett of the 150th and Marin of the 96th:
82
JOURNAL OF THE HOUSE
A RESOLUTION recognizing and honoring January 13, 2016, as Korean American Day at the State Capitol; and for other purposes.
HR 981. By Representatives Tanner of the 9th, Dudgeon of the 25th, Rogers of the 29th, Hawkins of the 27th, Duncan of the 26th and others:
A RESOLUTION commending the University of North Georgia softball team; and for other purposes.
HR 982. By Representatives Knight of the 130th, Broadrick of the 4th, Pruett of the 149th, Burns of the 159th, Shaw of the 176th and others:
A RESOLUTION recognizing January 14, 2016, as Sportsmen's and Coastal Day at the capitol; and for other purposes.
HR 983. By Representatives Knight of the 130th, Dickson of the 6th, Williams of the 119th, Pruett of the 149th, Shaw of the 176th and others:
A RESOLUTION commending Corporal Casey Jones of the Georgia Department of Natural Resources Law Enforcement Division on being named 2015 Ranger of the Year; and for other purposes.
HR 984. By Representatives Smith of the 70th, Ramsey of the 72nd, Trammell of the 132nd and Stover of the 71st:
A RESOLUTION commending the Newnan-Coweta Chamber of Commerce for winning the 2015 National Chamber of the Year Award; and for other purposes.
HR 985. By Representative Epps of the 144th:
A RESOLUTION recognizing and commending Dean Palmer; and for other purposes.
HR 986. By Representative Epps of the 144th:
A RESOLUTION recognizing the Bleckley County High School boys cross country team; and for other purposes.
HR 987. By Representatives Beasley-Teague of the 65th, Scott of the 76th, Dunahoo of the 30th, Smyre of the 135th and Abrams of the 89th:
TUESDAY, JANUARY 12, 2016
83
A RESOLUTION recognizing and commending Mt. Zion Baptist Church on the occasion of its 150th anniversary; and for other purposes.
HR 988. By Representative Greene of the 151st:
A RESOLUTION recognizing and commending Judge Tonya Holley on the occasion of her retirement; and for other purposes.
HR 989. By Representatives Thomas of the 39th, Dawkins-Haigler of the 91st, Coomer of the 14th, Nimmer of the 178th, Thomas of the 56th and others:
A RESOLUTION recognizing Africa Day at the state capitol; and for other purposes.
Representative Burns of the 159th 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.
84
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Wednesday, January 13, 2016
Third Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger E Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Casas Chandler 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 Efstration Ehrhart England Epps Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Greene
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 Kendrick Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Mitchell Morris Mosby Nimmer Nix Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott 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, E Trammell Turner Waites Watson Welch E Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker
Due to a mechanical malfunction, Representative Ealum of the 153rd 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:
WEDNESDAY, JANUARY 13, 2016
85
Representatives Golick of the 40th, Jordan of the 77th, Metze of the 55th, Oliver of the 82nd, and Thomas of the 56th.
They wished to be recorded as present.
Prayer was offered by Pastor Insoo Jung, Korean Community Presbyterian Church of Atlanta, Duluth, 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 710. By Representatives Turner of the 21st, Hawkins of the 27th, Willard of the 51st, Cooper of the 43rd, Dempsey of the 13th and others:
A BILL to be entitled an Act to amend Title 30 of the O.C.G.A., relating to disabled persons, so as to provide for the establishment of a qualified ABLE program in this state to enable the contribution of funds to tax-exempt accounts to pay for the qualified expenses of eligible individuals with
86
JOURNAL OF THE HOUSE
disabilities; to amend Code Section 48-7-27 of the O.C.G.A., relating to computation of taxable net income; to amend Code Section 50-13-2 of the O.C.G.A., relating to the definitions for purposes of the Georgia Administrative Procedure Act, so as to exclude the Georgia ABLE Program Corporation from the meaning of "agency"; 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 713. By Representatives Raffensperger of the 50th, Ballinger of the 23rd, Cantrell of the 22nd, Carter of the 175th, Corbett of the 174th and others:
A BILL to be entitled an Act to amend Code Section 15-11-2 and Title 19 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code and domestic relations, respectively, so as to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for terminating parental rights; to revise definitions; to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for losing parental rights and is relevant in certain adoption proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 714. By Representatives Petrea of the 166th, Stephens of the 164th, Hawkins of the 27th, Yates of the 73rd, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that retirement income received as retirement benefits from military service shall not be subject to state income tax; to increase the excise tax on cigarettes to offset the cost; to provide for related matters; to provide for an effective date and applicability; to provide for an automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 722. By Representatives Peake of the 141st, Powell of the 32nd, Meadows of the 5th, England of the 116th, Gravley of the 67th and others:
WEDNESDAY, JANUARY 13, 2016
87
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 patient registry program for the use of medical cannabis; to authorize rule making; to establish duties of patients, designated caregivers, physicians, and manufacturers of medical cannabis; to establish a medical cannabis tracking system; to provide for confidentiality of records; to establish patient protections; to impose penalties; to provide for nursing facilities; to establish fees; to establish a task force; to require impact assessment of medical cannabis therapeutic research; to require reports and audits; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 732. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions of motor vehicles, so as to provide for "super speeder" classification upon conviction of driving a commercial motor vehicle at a speed of ten or more miles per hour above the posted speed limit; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 733. By Representative 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 tax on rooms, lodgings, and accommodations, so as to reduce the amount of a certain fee imposed by innkeepers and to expand the types of innkeepers that must charge such fee; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 734. By Representatives Spencer of the 180th, Stephens of the 165th, Stephens of the 164th, Jones of the 167th, Corbett of the 174th and others:
A BILL to be entitled an Act to amend Titles 36, 41, and 51 of the Official Code of Georgia Annotated, relating to local government, nuisances, and torts, respectively, so as to provide for the facilitation of space flight activities in this state; to provide for definitions; to prohibit local government regulation of noise associated with space flight operations; to provide that space flight operations shall not constitute nuisances under certain
88
JOURNAL OF THE HOUSE
conditions; to limit the liability of space flight entities related to injuries sustained by participants who have agreed in writing to such a limitation; 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 735. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act creating the Stewart County Water and Sewerage Authority, approved March 24, 1988 (Ga. L. 1988, p. 4498), so as to revise method of membership appointments; 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 Intragovernmental Coordination - Local.
HB 736. By Representatives Atwood of the 179th, Jones of the 167th, Petrea of the 166th, Stephens of the 164th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to provide for a special license plate promoting marine habitat conservation; to provide for related matters; to require a twothirds' majority vote for passage in accordance with constitutional requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 737. By Representative Caldwell of the 131st:
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 codify a joint resolution; 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.
WEDNESDAY, JANUARY 13, 2016
89
Referred to the Committee on Code Revision.
HB 738. By Representatives Caldwell of the 131st, Welch of the 110th, Dickerson of the 113th and Kelley of the 16th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise the uses of excess funds by a county law library; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 740. By Representatives Beskin of the 54th, Rakestraw of the 19th, Willard of the 51st, Wilkinson of the 52nd, Peake of the 141st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and composition of and exemptions from income taxes, so as to create an annual tax credit for up to five years for taxpayers who purchase, own, and occupy a dwelling that qualifies for a homestead exemption located within a school attendance zone assigned to a public elementary school that is among the lowest 5 percent of academic achievement public elementary schools in the state; to provide for procedures, conditions, and limitations; 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.
HB 741. By Representatives Pak of the 108th, Kendrick of the 93rd and Efstration of the 104th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for the Supreme Court of Georgia, so as to change provisions relating to the terms of court; 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 742. By Representatives Knight of the 130th, Powell of the 171st, Harrell of the 106th, Carson of the 46th, Mosby of the 83rd and others:
90
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise the definition of the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to change certain dates for partnerships and corporations other than Georgia Subchapter "S" corporations; to clarify certain provisions relating to statements of wages paid; to change certain dates and clarify provisions relating to annual and final compensation returns; 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 979. By Representatives Houston of the 170th, Ehrhart of the 36th, Tankersley of the 160th, Oliver of the 82nd, Efstration of the 104th and others:
A RESOLUTION creating the House Study Committee on Programs That Provide Services for the Reading to the Blind and the Visually Impaired; and for other purposes.
Referred to the Committee on Special Rules.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 711 HB 726 HB 728 HB 730 HR 970 HR 978
HB 723 HB 727 HB 729 HB 731 HR 977
Pursuant to HR 980, the House recognized and honored January 13, 2016, as Korean American Day at the State Capitol.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Nix of the 69th, Rynders of the 152nd et al., Dawkins-Haigler of the 91st, Willard of the 51st, Hawkins of the 27th, Taylor of the 79th, Evans of the 42nd, and Stover of the 71st.
The Speaker called the House to order.
WEDNESDAY, JANUARY 13, 2016
91
The hour of convening the Joint Session pursuant to HR 967 having arrived, the Senate appeared upon the floor of the House, and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the Speaker of the House, David Ralston.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Nathan Deal, appeared upon the floor of the House and delivered the following address:
Lt. Governor 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:
Every year during this second week in January, we gather in this chamber of the people to assess the condition of our Ship of State. We review its travel log for the prior year, we inventory its store of resources, we evaluate the effectiveness of its crew, we plan its journey for the coming year, and we attempt to forecast the weather and the condition of the seas it must traverse. Like mariners of old, we consult our charts as we plan how to best avoid the rocky shoals that would damage our vessel and jeopardize the safety of our crew.
But after we conclude our planning and are ready to set sail on our annual journey, what do we do if the wind does not blow, or worse, what if it blows from the wrong direction?
It is in those times that true leadership is required. It is for those occasions that each of us who are elected leaders must step forward. It is how we react to those events and circumstances we did not plan for and over which we have no control that determines the future of our Ship of State and the safety of its cargo. It is said that at such times, the Pessimist simply complains about the wind; the Optimist is content to wait in the harbor because he expects the direction of the wind to change. The true leader, however, gets about the task of adjusting the sails.
When I addressed you for the first time in January 2011, Georgia's Ship of State had been severely battered for two years by the storms of the Great Recession. Our reserves, that is our Rainy Day Fund, had been almost completely depleted in an attempt to keep our Ship of State from sinking. Over $1.4 billion from that fund had been used during that two-year period, and yet the waves were still beating against our ship, and the wind was still blowing from the wrong direction. Our revenue had dropped by $2.3 billion from 2007 to 2011. Our unemployment rate was 10.4 percent. Our prison population was the fourth-largest in the country and was projected to grow by eight percent over the next five years. Our high school graduation rate was an unacceptable 67.5 percent.
92
JOURNAL OF THE HOUSE
Georgia was losing tens of thousands of jobs, especially in the construction sector. Our manufacturing sector was at a disadvantage compared with other states because we were imposing sales tax on energy purchases. The Savannah Harbor deepening project, which was authorized by Congress 12 years earlier, was at a standstill with the real prospect that the larger vessels coming through the enlarged Panama Canal would not be coming to Georgia.
Many Georgians had seen their savings wiped out, business owners were in bankruptcy court, and families were losing their homes to foreclosure. Our revered HOPE Program was rapidly approaching the point of being unable to fulfill its promises to our best students.
Simply put, the Economic Winds were blowing in the wrong direction with an intensity and duration not experienced since the Great Depression. As leaders of our state, we could have been pessimistic and simply railed against the bitter wind and made excuses for our situation. Or, we could have been optimists and told our citizens just to be patient because it wouldn't last much longer. We watched some of our sister states take both approaches and conclude that until the Economic Winds shifted, their state governments could not operate on less revenue and therefore their citizens must pay more taxes.
Fortunately, with your support, we did not follow that pattern. Instead, we began the difficult, and sometimes painful, process of adjusting our sails. As a result, we grew our way out of hard times. By passing conservative budgets, coupled with the economic growth that was spurred by our reforms, our Rainy Day Fund that was almost gone five years ago has now grown to over $1.43 billion.
By cutting taxes and removing regulatory burdens on businesses, our unemployment rate has been cut almost in half and now stands at 5.6 percent. And, the construction industry that was hit so hard by the waves of the Great Recession now has the third lowest unemployment rate in the country at just 4 percent. By removing sales tax on energy for manufacturing, there have been over 22,000 new manufacturing jobs, a 6.4 percent increase that is more than double the growth rate of the United States. These jobs represent over $900 million in added wages.
The next step was addressing the jobs skills gap employers continued encountering. As we looked at job openings around the state, we found that almost all of them could be filled if our citizens would attend one of our Technical Colleges and receive the necessary training. With your support over the past three years, we have identified eleven areas where a student will receive a 100 percent tuition HOPE Grant to obtain that training. These Strategic Industries Workforce Development Grants cover 140 programs, and I am recommending that we add industrial maintenance this year to that important list. I am proposing to devote $17.1 million in 2017 for all of these programs.
WEDNESDAY, JANUARY 13, 2016
93
As our colleges and universities examine their degree programs and focus more of their resources on those that lead to employment, we will rapidly close the skills gap in our workforce. I am pleased that Georgia Southern University, for instance, is one of the only universities in the country and the only one in the Southeast to offer a degree program for precision engineering, yet another example of a high demand area.
In addition to directing more resources into post-secondary education programs that lead to employability, we have also moved our focus further down the education line. Our Move On When Ready legislation from last year, coupled with additional funding for Dual Enrollment, has greatly accelerated the pace of many students' educational journeys. This allows high school students to attend postsecondary institutions at no cost to them or their parents. Currently, there are approximately 22,059 students participating in this program. My FY2017 budget contains over $58.3 million dollars to cover the cost of Move On When Ready, a 654 percent increase over FY2011.
In order to further modernize our K-12 education system, I asked the State Board of Education and the University System of Georgia to allow certain high school computer science courses to count as core courses in high school and for purposes of college admission. Both entities have agreed, and there are currently nine computer science courses that count towards a science or foreign language requirement. This will give us more early learners in a field that is and will continue to be in high demand by employers.
Addressing workforce development needs extends into another area we've made a priority: criminal justice reform. In order to curb the growth in our prison population, we created the Georgia Council on Criminal Justice Reform, which has been chaired by Judge Michael Boggs and Thomas Worthy. I want to express publically my thanks to these two gentlemen and the other dedicated members of that Council. Please join me in expressing our appreciation for their work.
As a result of your passing legislation to implement the recommendations of the Council in prior years, we have seen a substantial drop in our prison population as thousands of non-violent offenders are being diverted into accountability courts where they are given a second chance to receive treatments for their addictions. By converting inmates into taxpayers, and by educating and giving paroled inmates marketable skills, we will begin to reduce our rates of recidivism, which will in turn make our state safer.
The same diversion is occurring in the juvenile justice system. In short, Georgia is recognized as the leading state for meaningful criminal justice reform.
There will be more recommendations from the Council this year which I ask you to consider and approve.
94
JOURNAL OF THE HOUSE
As you can see, we have made great progress over the past five years in improving and expanding the skills of our present and future workforce. But these successes are not enough. My administration has spent more of the state budget on K-12 education than any administration in the past 50 years, which included over 1 billion additional dollars for the past two years and an additional $416 million for FY2017. However, our Education Boat is still leaking and needs some repairs.
As we contemplate modernizing our education system, it is important to acknowledge the progress we have made over the past five years. Our graduation rate from high school has increased by over 11 percent to 78.8 percent, an average change of 2.83 percent each year. As significant as that increase is, during that same five years, our dropout rate has remained unyieldingly stagnant at an average of 3.66 percent. To put it more bluntly, 96,660 students dropped out of school between 2011 and this school year. That is over 4,000 more than are currently enrolled in our entire Technical College system. That is a wind that is blowing in the wrong direction, and we must continue to trim our sails to bring that dropout number down.
Based on the success of our criminal justice reforms, we sought to improve and transform education in Georgia. I appointed the Education Reform Commission last January and tasked them with examining our entire education system and reporting back to me and the General Assembly with bold recommendations as to how we could better prepare our students for the 21st century.
That report has now been submitted, and I want to thank Dr. Charles Knapp who served as Chairman of the Commission as well as the other 33 members of the Commission and their support staff. Please join me in thanking them for their service.
Because of the magnitude of the recommendations contained in the report, some statutory changes will be necessary to implement them fully. Other recommendations can be achieved through the budgetary process. As an example, my proposed budget provides funds to implement a new compensation model for our Pre-K programs in order to retain lead teachers, increase assistant teacher salaries and maintain classroom quality. The PreK budget recommendation is in excess of $358 million, which includes $26.2 million for salary increases and an additional $7.9 million for a 3 percent merit pay increase.
As the Education Funding Subcommittee was meeting this past year, I received a letter from the four legislators on that Committee expressing their desire that the reporting deadline be extended for one additional year, that is, until August 2016. My letter response dated June 3, 2015, extended the general reporting deadline to December 18, 2015. It further stated that during the 2016 session of the General Assembly, I wanted this legislative body to conduct a full review of the Commission's recommendations. That is what I ask you to do. My budget next year will include funding to implement my recommendations and those of the Education Reform Commission. This
WEDNESDAY, JANUARY 13, 2016
95
will provide ample time to vet the full report. It is important that we get this right. It is also important that in the meantime, the debate be conducted in good faith and that your recommendations be based on facts and not rhetoric.
In order to assist you in your deliberations, I will be creating by Executive Order a Teacher Advisory Committee similar to the Governor's Education Advisory Board which I have had for the past 5 years.
Since I have been governor, my wife and I have visited many schools throughout our state. We have been impressed with the progress our students are making and by the dedication of their teachers, principals and staff. Since both of us grew up with parents who were teachers in the Georgia public school system in different parts of the state, we know that it takes a special kind of person to be a teacher. As society has changed and technology has advanced, many of the challenges our teachers face have become more difficult. As a classroom teacher herself, Sandra was particularly aware of the evolving demands placed on our teachers.
As we continue to discuss the recommendations of the Education Reform Commission, it is important for teachers and administrators to know that just because we are examining ways to more appropriately allocate taxpayer dollars and put in place different models to achieve better education results, it does not mean that you are not appreciated. Just as a sailor should not be insulted when someone repairs a leak in his boat and replaces his oars with a motor, neither should our teachers take offense when we try to do the metaphorical equivalent for them.
I fully understand that there are many factors that impact test scores and graduation rates, and many of these are not within the control of our teachers. A good parent that is dedicated to seeing his or her child succeed in school is the best ally a teacher can have. It really doesn't matter what the financial circumstances of those parents might be, if they insist that their children go to school every day and arrive on time, that they do their homework and that they not disrupt the classroom, they will be rewarded by the teachers who welcome the opportunity to work with students who do those things. So, parents, I know you love your children and want them to succeed in life, so please do those things and you and your family will be richly rewarded.
Over the past five years, members of this General Assembly and I have shown our appreciation for our teachers by making public education a priority, and we will do so again this year by appropriating an additional $300 million for k-12 education, which is more than is required to give teachers a three percent pay raise.
We will distribute this money to your local school system under the existing QBE formula, but it is our intention that your local school system pass the three percent pay raise along to you. If that does not happen, it will make it more difficult next year for the
96
JOURNAL OF THE HOUSE
state to grant local systems more flexibility in the expenditure of state education dollars, as recommended by the Education Reform Commission.
We have given local school systems large increases in funding for the past three years and given them the flexibility to decide how to spend it. Based on a survey by the State Department of Education, 94 percent of school systems used those funds to reduce or eliminate furlough days. With the additional funding this year, furloughs should be a thing of the past and teachers should receive that three percent pay raise.
Now that the federal government has given states greater latitude regarding testing of students, I call on our State Department of Education and local school systems to evaluate their testing requirements. If a test is not necessary to advance and tailor instruction, it should be eliminated. I do not suggest that tests should be abolished simply because the results might be embarrassing. In fact, it is those tests that pinpoint areas in need of remediation. But tests that are duplicative and do not enhance educational achievement should be abolished.
Last year, this General Assembly did just that when it abolished the mandated graduation exam. It was decided that if students had successfully passed all of the required courses for graduation, they should not be denied a high school diploma based on one final test. As a result of that change, thousands of students have been able to enter the workforce, the military or post-secondary education without the stigma of not having a high school diploma.
The Education Reform Commission has recommended a student based funding formula to replace QBE, which is over 30 years old. Instead of spending money based on rigid, impersonal criteria, they recommend that we move to funding based on the characteristics of each student. For the first time, poverty will be one of those characteristics to be considered. They also recommend that school systems have the flexibility to utilize the talents of their teachers in expanded ways and be able to reward them accordingly.
The Gwinnett County School System, the largest and one of the most diverse systems in the state, has taken on many of the initiatives recommended by the Education Reform Commission. Under the leadership of Alvin Wilbanks, system superintendent and CEO, Gwinnett County is embracing innovation and is developing a teacher compensation model that rewards effectiveness, promotes flexibility and requires accountability. Superintendent Wilbanks, thank you for being a pioneer and doing what some are calling "impossible." Your example, and that of other great superintendents, administrators and teachers throughout our State working together, will be invaluable in removing the fear associated with change.
WEDNESDAY, JANUARY 13, 2016
97
There will be those who will resist change, preferring to defend the status quo. For after all, the status quo as embodied in QBE has been in place for the entire tenure of most teachers in our schools.
To those who are either inflexible or cynical, I would ask them to consider the words of former Prime Minister of Great Britain Tony Blair, who made the following observation, and I quote: "The scope, speed and scale of change demands that we educate students for a future vastly different from our past."
The education of Georgia's children is too important to be held hostage to a status quo that may feel comfortable to certain adults but is a disservice to our students. The method whereby we educate our children must be as modern and adaptive to the changes in the world as our cell phones, our computers, our televisions and our automobiles. If it is not, our children will stumble and fall when they step onto the escalator of life outside the schoolhouse door.
Last year, this General Assembly took a major step in that direction by voting to put the Opportunity School District Constitutional Amendment on the ballot this November. Currently, there are approximately 74,000 students who are required to attend chronically failing schools, that is, schools that for three consecutive years have failed to achieve a score above a D or an F on our standard evaluation system. To put that number in perspective, that is about the same number of students currently enrolled at the University of Georgia, Georgia Tech and the University of North Georgia combined. I believe that in November, the voters of our state will help us trim our sails in order to overcome this vicious wind of chronic failure.
There are other items in my proposed budget that I wish to call to your attention, and I will do so quickly.
As you know our mandatory entitlement spending continues to grow through no fault of our own. Although we have seen our revenue grow, we have also seen mandated expenditures grow in the areas of health care and education, taking up ever larger segments of our overall annual budgets. In fact, the discretionary portion of the budget, which is now roughly 17 percent, continues to shrink.
Rising health care costs continue to be a major factor. Consider our State Health Benefit Plan. The state currently contributes $842 million for health care coverage for state employees while also paying over $1 billion for the employer share of health insurance for teachers in FY2015.
On top of that, we must also fund the state's Medicaid program and its growing rolls. The cost of this program has grown from $2.6 billion in FY2013 to $3.1 billion in FY2017, an increase of 15.7 percent. Medicaid and PeachCare spending per Georgia family amounts
98
JOURNAL OF THE HOUSE
to $1,258 per annum. And when federal and other costs are added to this number, it amounts to at least $4,365 each year. And that's without expansion. Had we elected to expand Medicaid, it would have required us to include approximately $209 million in this upcoming year's budget alone to cover the added cost. That number would only continue to grow exponentially.
Those numbers don't even account for the reporting requirements levied by the Affordable Care Act on the state. To demonstrate our compliance with the mandates of the law, we must devote $2.1 million in FY2017 budget just to turn in the paper work. When you combine the cost of federal dollars to that total, it is $4.4 million. In other words, this is just what it costs to tell the IRS that everyone in our State Health Benefit Plan and Medicaid program is covered. I can assure you that those funds could have been put to better use than on bureaucratic paperwork.
If we want to talk about something we could throw overboard, there's a good place to start.
Once we have met our mandatory budget requirements, we must ensure that our crew is appropriately provided for, and so we have prioritized rewarding state employees for their hard work. Just as we are budgeting for a three percent pay raise for teachers, we are also including a three percent pay raise for all other state employees. Many of them have worked very hard as the Great Recession required the state to significantly cut the budgets of the agencies for which they work. In addition, they are seeing the number of fellow workers drop. There are four agencies that had over a 20 percent annual turnover rate, with the Department of Behavioral Health and Developmental Disabilities losing almost one third of their employees last year. System wide, the turnover rate last year was 18.4 percent. For those agencies with the highest turnover rate, the budget allocates additional funds to be used to raise pay scales in addition to the overall three percent increase.
One of the highlights of last year's legislative session was the passage of House Bill 170. Yesterday, many of you attended a roll out of the most comprehensive plans for sustainable infrastructure improvement in the history of our state. That would not have been possible without the support of those who voted for H.B. 170. Over the next 18 months, approximately 60 percent of the user fees from H.B. 170 will be used to repair and maintain our existing infrastructure. The remaining 40 percent will be used for new infrastructure investments.
Last year, I told you that with the revenue that was available at that time, a road that was paved when you graduated from high school would not be paved again until you were eligible for Social Security. With the new user fees generated, we have brought that frequency down to every 12 to 15 years, with regular maintenance in between. In other words, if your road is paved the same year you graduate from high school, it will be
WEDNESDAY, JANUARY 13, 2016
99
paved at least three times before you are eligible for Social Security and will further benefit from maintenance in the interim.
Another important agency of State Government that is often overlooked is the Georgia National Guard. In addition to being recognized as the nation's No. 1 Army Guard unit in 2013, more than 18,000 of our guardsmen and women have been deployed since 9/11, some 964 of them last year alone. They serve our state both at home and abroad with distinction, and they deserve our unfailing gratitude for their valor.
Although the vicious winds of the Great Recession have battered our Ship of State over the past five years, those winds have almost subsided and are now blowing in the right direction. To the members of this General Assembly, thank you for helping me trim our sails without a mutiny. And to the state employees and teachers, thank you for your labors as you "battened down the hatches" and kept us afloat. To our fellow citizens, thank you for your patience, your support and your hard work as we battled the storms together.
Now we are ready to unfurl our sails and set forth on the Ocean of Opportunity that lies before us as we lead the way for others to follow, with No. 1 proudly emblazoned on our mast.
To the members of the General Assembly, may God grant you wisdom as you deliberate during this legislative session, and may He continue to bless our great State of Georgia.
Representative Burns of the 159th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The Speaker of the House, David Ralston, announced the Joint Session dissolved.
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 991. By Representative Ealum of the 153rd:
A RESOLUTION recognizing and commending Mr. Larry Thomas on the grand occasion of his retirement; and for other purposes.
HR 992. By Representative Belton of the 112th:
A RESOLUTION commending Mayor Fred Perriman; and for other purposes.
100
JOURNAL OF THE HOUSE
HR 993. By Representative Belton of the 112th:
A RESOLUTION commending Bruce Gilbert; and for other purposes.
HR 994. By Representatives Dudgeon of the 25th and Raffensperger of the 50th:
A RESOLUTION recognizing and commending William Roberson Webster; and for other purposes.
HR 995. By Representatives Carson of the 46th and Ballinger of the 23rd:
A RESOLUTION recognizing and commending Alexandria Hartwig upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 996. By Representative Kelley of the 16th:
A RESOLUTION recognizing and commending Gladys Y. Gipson; and for other purposes.
HR 997. By Representative Kelley of the 16th:
A RESOLUTION recognizing and commending Floreace and Kevin Stocks; and for other purposes.
HR 998. By Representative Kelley of the 16th:
A RESOLUTION recognizing and commending Curtis Vincent upon the grand occasion of his retirement; and for other purposes.
HR 999. By Representative Kelley of the 16th:
A RESOLUTION recognizing and commending Dr. Beverly Philpot Smith, a teacher at Lundy Christian Academy; and for other purposes.
HR 1000. By Representative Kelley of the 16th:
A RESOLUTION recognizing and commending the Elm Street Class of 1965; and for other purposes.
HR 1001. By Representative Kelley of the 16th:
A RESOLUTION recognizing and commending Ms. Beverly Battle; and for other purposes.
WEDNESDAY, JANUARY 13, 2016
101
HR 1002. By Representative Kelley of the 16th:
A RESOLUTION recognizing and commending Mr. Charles Troutman on the occasion of his retirement as the Chief Executive Officer of the MurphyHarpst Children's Centers; and for other purposes.
HR 1003. By Representatives Belton of the 112th, Dickerson of the 113th, Welch of the 110th and Rutledge of the 109th:
A RESOLUTION recognizing and commending the Arts Association in Newton County; and for other purposes.
HR 1004. By Representatives Smith of the 70th, Nimmer of the 178th, Morris of the 156th, Williams of the 119th and Houston of the 170th:
A RESOLUTION recognizing and commending the Appling County Forestry Unit on being named the Georgia Forestry Commission 2015 Southern Unit of the Year; and for other purposes.
HR 1005. By Representatives Smith of the 70th, Yates of the 73rd, Stovall of the 74th, Nimmer of the 178th, Caldwell of the 131st and others:
A RESOLUTION recognizing and commending the Clayton-Pike-LamarUpson-Spalding Forestry Unit on being named the Georgia Forestry Commission 2015 Northern Unit of the Year; and for other purposes.
HR 1006. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Max Brauer; and for other purposes.
HR 1007. By Representative Yates of the 73rd:
A RESOLUTION recognizing January 25, 2016, as National Guard Day at the capitol; and for other purposes.
HR 1008. By Representatives Dickson of the 6th, Broadrick of the 4th and Tarvin of the 2nd:
A RESOLUTION recognizing and commending Mr. James Bobby Hughes on the occasion of his retirement; and for other purposes.
102
JOURNAL OF THE HOUSE
HR 1009. By Representatives Smith of the 70th, Houston of the 170th, Werkheiser of the 157th, Carter of the 175th, Nimmer of the 178th and others:
A RESOLUTION recognizing and commending the Satilla District on being named the Georgia Forestry Commission 2015 District of the Year; and for other purposes.
HR 1010. By Representative Evans of the 42nd:
A RESOLUTION honoring the life and memory of Ms. Susan Jolley; and for other purposes.
HR 1011. By Representative Evans of the 42nd:
A RESOLUTION recognizing Ms. Triana Arnold James and friends' advocacy to expand Medicaid and raise awareness for cervical cancer in Georgia; and for other purposes.
HR 1012. By Representative Evans of the 42nd:
A RESOLUTION recognizing and commending the work and career of Ms. Triana Arnold James; and for other purposes.
HR 1013. By Representatives Battles of the 15th and Coomer of the 14th:
A RESOLUTION commending the 2015 Cartersville High School football team; and for other purposes.
HR 1014. By Representative Hatchett of the 150th:
A RESOLUTION recognizing and commending Peyton Christopher Cook; and for other purposes.
HR 1015. By Representative Belton of the 112th:
A RESOLUTION recognizing Mr. Steve W. Schaefer as the Georgia Public Library Service Librarian of the Year; and for other purposes.
HR 1016. By Representatives Taylor of the 173rd, Carter of the 175th and Watson of the 172nd:
A RESOLUTION recognizing Thomasville, Georgia, as "Georgia's Rose City"; and for other purposes.
WEDNESDAY, JANUARY 13, 2016
103
Representative Burns of the 159th 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.
104
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Thursday, January 14, 2016
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 Atwood Ballinger E Barr Battles Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell E Carson Carter, A Carter, D Casas E 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 E Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley
Greene 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 Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain
Meadows Metze Mitchell Nimmer Nix E Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey E Randall Reeves Rhodes Rogers, C Rogers, T E Rutledge Rynders Scott Sharper Shaw Sims
Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell E Turner Waites Watson Welch E Weldon Werkheiser 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 Floyd of the 99th, Golick of the 40th, Jordan of the 77th, Kendrick of the 93rd, Morris of the 156th, Mosby of the 83rd, Rice of the 95th, Stover of the 71st, and Williams of the 168th.
THURSDAY, JANUARY 14, 2016
105
They wished to be recorded as present.
Prayer was offered by Pastor Richard A. Washington, Sr., New Bethel AME Church, 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 717. By Representatives Scott of the 76th, Yates of the 73rd, Smith of the 125th, Jordan of the 77th, Howard of the 124th 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 license plates for certain persons and vehicles, so as to provide for a woman veteran's license plate; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
106
JOURNAL OF THE HOUSE
HB 725. By Representatives Cantrell of the 22nd, Spencer of the 180th, Ballinger of the 23rd, Weldon of the 3rd, Evans of the 42nd 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 for greater confidentiality of child abuse records; to provide for and revise definitions; to change provisions relating to persons and agencies permitted access to records of child abuse; to provide for contents of a protective order; to provide for immunity for child advocacy centers in releasing child abuse records under certain circumstances; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 739. By Representatives Tanner of the 9th, Dudgeon of the 25th, Brockway of the 102nd, Rice of the 95th, Harrell of the 106th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the state recommendation process for instructional materials and content is optional; to require a review and recommendation process for locally approved instructional materials and content; to provide for public review of proposed and approved instructional materials and content; to provide for the designation of a school system coordinator; 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 Education.
HB 743. By Representative Yates of the 73rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require the State Board of Education to issue a general educational development (GED) diploma to an individual who has received a GED diploma issued by the armed forces of the United States; to require that such a GED diploma be recognized as equivalent to any other GED diploma; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
THURSDAY, JANUARY 14, 2016
107
HB 744. By Representatives Chandler of the 105th, Dudgeon of the 25th, Clark of the 101st, Carter of the 175th, Efstration of the 104th and others:
A BILL to be entitled an Act to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault by persons with supervisory or disciplinary authority, so as to prohibit sexual contact between school personnel and students enrolled at such school; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 745. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to extend automatic repeals of certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HB 746. By Representatives Benton of the 31st, Hatchett of the 150th, Frye of the 118th and Dempsey of the 13th:
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 for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 747. By Representatives Rogers of the 10th, Nimmer of the 178th, Dickey of the 140th, Hitchens of the 161st, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe operation of motor carriers and commercial motor vehicles, so as to update the reference date to federal
108
JOURNAL OF THE HOUSE
regulations regarding the safe operation of motor carriers and commercial motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 748. By Representatives Taylor of the 173rd, Carter of the 175th and Watson of the 172nd:
A BILL to be entitled an Act to authorize the Magistrate Court of Thomas 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 749. By Representatives Werkheiser of the 157th, Greene of the 151st, Harrell of the 106th, Dudgeon of the 25th, Teasley of the 37th and others:
A BILL to be entitled an Act to amend Code Section 50-8-34 of the Official Code of Georgia Annotated, relating to councils of regional commissions, membership, terms of membership, voting, officers, and powers, so as to authorize such councils to meet by teleconference or similar means; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 750. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th and England of the 116th:
A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 12, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at page 1 of 251), 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
THURSDAY, JANUARY 14, 2016
109
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 751. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; 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 752. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2015, and ending June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 12, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at page 1 of 251), 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 753. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2015, and ending
110
JOURNAL OF THE HOUSE
June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 12, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at page 1 of 251), 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 754. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; 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 755. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; 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.
THURSDAY, JANUARY 14, 2016
111
HB 756. By Representatives Tanner of the 9th, Rice of the 95th, Nix of the 69th, Cantrell of the 22nd, Battles of the 15th 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 protect certain sellers of goods or services against infringement of religious freedom; to define a term; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 757. By Representatives Tanner of the 9th, Nix of the 69th, Battles of the 15th, Powell of the 171st, Hatchett of the 150th and others:
A BILL to be entitled an Act to protect religious freedoms; to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that religious officials shall not be required to perform marriage ceremonies in violation of their legal right to free exercise of religion; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to days of rest for employees of business and industry; to protect property owners which are religious institutions against infringement of religious freedom; to define a term; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 758. By Representatives Jones of the 62nd, Tarvin of the 2nd, Spencer of the 180th, Waites of the 60th, Douglas of the 78th and others:
A BILL to be entitled an Act to amend Code Section 28-11-4 of the Official Code of Georgia Annotated, relating to availability of instructional classes and courses and payment of and reimbursement of expenses for members of the General Assembly, so as to require training for members of the General Assembly; to provide for the topics to be covered; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 759. By Representatives Willard of the 51st and Morris of the 156th:
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
112
JOURNAL OF THE HOUSE
practice of law, so as to provide that certain activities by financial institutions shall not constitute the unauthorized practice of law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 760. By Representative Jones of the 62nd:
A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, and Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to description of state flag, militia to carry flag, defacing public monuments, and obstruction of Stone Mountain, so as to provide for memorials to the Civil War era and the augmenting of such memorials; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HB 761. By Representatives Fludd of the 64th, Hawkins of the 27th, Williams of the 87th, Stephenson of the 90th and Mosby of the 83rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to tax returns and furnishing of information, so as to authorize Georgia taxpayers to make certain voluntary contributions through the income tax payment and refund process for prostate cancer screening, diagnosis, treatment, and research through the Georgia Prostate Cancer Coalition; 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 Ways & Means.
HB 762. By Representatives Willard of the 51st, Kirby of the 114th, Jones of the 167th, Coomer of the 14th, Jasperse of the 11th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change certain provisions relating to disposal of aborted human fetuses, reporting requirements, penalties, public reports, and confidentiality of identity of physicians filing reports; to provide for reports; to change certain provisions relating to buying, selling, or offering to buy or sell a human body or parts thereof; to amend Article 6 of Chapter 5 of Title
THURSDAY, JANUARY 14, 2016
113
44 of the Official Code of Georgia Annotated, the "Georgia Revised Uniform Anatomical Gift Act," so as to change certain provisions relating to limited prohibition on sale or purchase of body parts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 763. By Representatives Houston of the 170th, Harrell of the 106th, Knight of the 130th, Carter of the 175th, Nimmer of the 178th 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 remove the sunset for the exemption regarding 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.
HB 764. By Representatives Powell of the 32nd, Frye of the 118th, Quick of the 117th, Williams of the 119th, 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 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 definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HR 990. By Representatives Spencer of the 180th, Jones of the 167th, Corbett of the 174th, Atwood of the 179th, Belton of the 112th and others:
A RESOLUTION honoring the life of Senior Airman Tre Francesco Porfirio 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 were read the second time:
HB 710 HB 714
HB 713 HB 722
114
JOURNAL OF THE HOUSE
HB 732 HB 734 HB 736 HB 738 HB 741 HR 979
HB 733 HB 735 HB 737 HB 740 HB 742
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 605 Do Pass, by Substitute
Respectfully submitted, /s/ Battles of the 15th
Chairman
Representative Wilkinson of the 52nd assumed the chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Gravley of the 67th and Ralston of the 7th.
The Speaker assumed the Chair.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Taylor of the 79th.
Pursuant to HR 975, the House commended Mr. Horace Julian Bond for his outstanding public service.
Pursuant to HR 1004, the House recognized and commended the Appling County Forestry Unit on being named the Georgia Forestry Commission 2015 Southern Unit of the Year.
THURSDAY, JANUARY 14, 2016
115
Pursuant to HR 1005, the House recognized and commended the Clayton-PikeLamar-Upson-Spalding Forestry Unit on being named the Georgia Forestry Commission 2015 Northern Unit of the Year.
Pursuant to HR 1009, the House recognized and commended the Satilla District on being named the Georgia Forestry Commission 2015 District of the Year.
Pursuant to HR 983, the House commended Corporal Casey Jones of the Georgia Department of Natural Resources Law Enforcement Division on being named 2015 Ranger of the Year.
Pursuant to HR 992, the House commended Mayor Fred Perriman.
Pursuant to HR 993, the House commended Bruce Gilbert.
The following Resolutions of the House were read and adopted:
HR 1018. By Representatives Carson of the 46th and Parsons of the 44th:
A RESOLUTION recognizing and commending Scott Ford Davis; and for other purposes.
HR 1019. By Representatives Carson of the 46th and Parsons of the 44th:
A RESOLUTION recognizing and commending David James Rogers; and for other purposes.
HR 1020. By Representatives Carson of the 46th and Parsons of the 44th:
A RESOLUTION recognizing and commending David Jackson Heineman; and for other purposes.
HR 1021. By Representatives Gardner of the 57th, Thomas of the 56th and Metze of the 55th:
A RESOLUTION recognizing and commending Mrs. Lynnise Nia Knowles; and for other purposes.
HR 1022. By Representatives Drenner of the 85th and Henson of the 86th:
A RESOLUTION recognizing and commending Councilman Warren Hadlock; and for other purposes.
116
JOURNAL OF THE HOUSE
HR 1023. By Representatives Drenner of the 85th and Henson of the 86th:
A RESOLUTION recognizing and commending Councilwoman Dianne Leonetti; and for other purposes.
HR 1024. By Representatives Drenner of the 85th and Henson of the 86th:
A RESOLUTION recognizing and commending Councilwoman Jean Shepard Brown; and for other purposes.
HR 1025. By Representatives Fludd of the 64th, Ramsey of the 72nd, Mabra of the 63rd, Yates of the 73rd and Stover of the 71st:
A RESOLUTION recognizing and commending Division Chief Pete Nelms on the occasion of his retirement; and for other purposes.
HR 1026. By Representatives Howard of the 124th, Frazier of the 126th, Sims of the 123rd, Prince of the 127th and Smith of the 125th:
A RESOLUTION commending Dr. Phyllis Johnson-Porter, Richmond County Schools' 2016 Teacher of the Year; and for other purposes.
HR 1027. By Representatives Howard of the 124th, Frazier of the 126th, Sims of the 123rd, Prince of the 127th and Smith of the 125th:
A RESOLUTION recognizing and commending Mrs. Gloria B. Lewis on the occasion of her retirement as Executive Director of the CSRA Economic Opportunity Authority, Inc; and for other purposes.
HR 1028. By Representatives Bentley of the 139th, Dickey of the 140th and Smyre of the 135th:
A RESOLUTION commending Fort Valley State University, recognizing January 26, 2016, as Fort Valley State University Day at the state capitol; and for other purposes.
HR 1029. By Representatives Carter of the 175th, Abrams of the 89th, Harden of the 148th, McCall of the 33rd and England of the 116th:
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 for other purposes.
THURSDAY, JANUARY 14, 2016
117
HR 1030. By Representatives Corbett of the 174th, Carter of the 175th and Shaw of the 176th:
A RESOLUTION honoring the life and memory of Mr. Roy Randall Sauls; and for other purposes.
Representative Burns of the 159th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.
118
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Friday, January 15, 2016
Fifth 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:
Alexander E Allison
Atwood Ballinger E Barr Battles Beasley-Teague Belton E Bennett, K Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell E Carson Carter, A Carter, D E Chandler Cheokas Clark, D Clark, H Clark, V
Coleman E 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 E Evans Fleming Frazier Frye Gasaway Gilligan Glanton Gordon
Gravley Greene Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holmes E Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Martin Maxwell Mayo
E McClain Meadows Metze
E Nimmer Nix
E Oliver Parrish
E Peake Petrea Pezold Pirkle Powell, A
E Powell, J Price Prince Pruett Quick Raffensperger Rakestraw
E Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T
E Rutledge Rynders Sharper
E Shaw
Sims Smith, E E Smith, L Smith, R E Smyre Spencer Stephens, M Stephens, R Stovall Strickland Tankersley Tanner Tarvin Taylor, D Teasley Thomas, E Trammell Turner Waites Watson Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Ralston, Speaker
The following members were off the floor of the House when the roll was called:
Representatives Abrams of the 89th, Bennett of the 80th, Casas of the 107th, Floyd of the 99th, Fludd of the 64th, Gardner of the 57th, Golick of the 40th, Holcomb of the 81st, Jordan of the 77th, Marin of the 96th, Mitchell of the 88th, Morris of the 156th, Mosby of the 83rd, Pak of the 108th, Parsons of the 44th, Scott of the 76th, Setzler of the 35th,
FRIDAY, JANUARY 15, 2016
119
Smith of the 41st, Stephenson of the 90th, Stover of the 71st, Thomas of the 56th, and Yates of the 73rd.
They wished to be recorded as present.
Prayer was offered by Dr. Benny Tate, Pastor, Rock Springs Church, Milner, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 724. By Representatives Petrea of the 166th, Hitchens of the 161st, Bryant of the 162nd and Stephens of the 165th:
A BILL to be entitled an Act to amend Chapter 17 of Title 17 of the O.C.G.A., relating to the "Crime Victims' Bill of Rights," so as to revise the number of days for advance notification to a victim by the State Board of Pardons and Paroles whenever it considers making certain decisions; to amend Article 2 of Chapter 9 of Title 42 of the O.C.G.A., relating to grants
120
JOURNAL OF THE HOUSE
of pardons, paroles, and other relief, so as to require advance notification to certain persons whenever the State Board of Pardons and Paroles considers making a final decision to grant parole to an inmate or place an inmate into transitional housing; to require publication in the legal organ of the county of an inmate's parole date or date of entry into transitional housing; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 765. By Representatives Powell of the 171st, Willard of the 51st, Lott of the 122nd, Greene of the 151st, Houston of the 170th and others:
A BILL to be entitled an Act to amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to the appointment of board members to the county departments of family and children services, so as to provide that appointments may include certain retired individuals; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 766. By Representatives Beskin of the 54th, Quick of the 117th, Powell of the 171st, Kendrick of the 93rd, Willard of the 51st and others:
A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions for property tax exemptions and deferral, so as to revise a definition to include any spouse; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 767. By Representatives Powell of the 32nd, Hitchens of the 161st, Petrea of the 166th, Waites of the 60th, Taylor of the 173rd 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 add utility service vehicles to the "Spencer Pass Law"; to provide a procedure for passing stationary utility service vehicles; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
FRIDAY, JANUARY 15, 2016
121
HB 768. By Representatives Hawkins of the 27th, Willard of the 51st, Fludd of the 64th, Jones of the 47th, Turner of the 21st and others:
A BILL to be entitled an Act to amend Title 30 of the O.C.G.A., relating to disabled persons, so as to provide for the establishment of a qualified ABLE program in this state to enable the contribution of funds to tax-exempt accounts to pay for the qualified expenses of eligible individuals with disabilities; to amend Code Section 48-7-27 of the O.C.G.A., relating to computation of taxable net income; to amend Code Section 50-13-2 of the O.C.G.A., relating to the definitions for purposes of the Georgia Administrative Procedure Act, so as to exclude the Georgia ABLE Program Corporation from the meaning of "agency"; 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 769. By Representatives Hawkins of the 27th, Rogers of the 29th, Houston of the 170th, Dunahoo of the 30th, Jones of the 167th 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 make permanent an exemption from ad valorem taxation for certain watercraft held in inventory for sale or resale; 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 770. By Representatives Efstration of the 104th, Welch of the 110th, Houston of the 170th, Atwood of the 179th, Evans of the 42nd and others:
A BILL to be entitled an Act to amend Code Section 16-5-46 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude, so as to provide for and revise defined terms; to change penalty provisions; to remove a potential defense to a charge of trafficking of persons for labor or sexual servitude; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
122
JOURNAL OF THE HOUSE
HB 771. By Representative Marin of the 96th:
A BILL to be entitled an Act to amend Code Section 2-7-2 of the Official Code of Georgia Annotated, relating to definitions relative to plant disease, pest control, and pesticides, so as to exempt water spinach from the definition of "plant pest"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 772. By Representatives Clark of the 147th, Brockway of the 102nd, Harden of the 148th, Epps of the 144th, Hightower of the 68th and others:
A BILL to be entitled an Act to amend Code Section 21-2-385 of the Official Code of Georgia Annotated, relating to procedure for voting by absentee ballot and advance voting, so as to revise the period of time for advance voting with regard to Saturday voting; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 773. By Representatives Houston of the 170th, Efstration of the 104th, Hatchett of the 150th, Rogers of the 29th, Battles of the 15th and others:
A BILL to be entitled an Act to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to increase the outstanding bond limit; 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.
HR 1017. By Representatives Dudgeon of the 25th, Gilligan of the 24th, Duncan of the 26th and Cantrell of the 22nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize local boards of education to impose, levy, and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
FRIDAY, JANUARY 15, 2016
123
By unanimous consent, the following Bills and Resolution of the House were read the second time:
HB 717 HB 739 HB 744 HB 746 HB 748 HB 750 HB 752 HB 754 HB 756 HB 758 HB 760 HB 762 HB 764
HB 725 HB 743 HB 745 HB 747 HB 749 HB 751 HB 753 HB 755 HB 757 HB 759 HB 761 HB 763 HR 990
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Stovall of the 74th, Williams of the 87th, and Kendrick of the 93rd.
Pursuant to HR 1003, the House recognized and commended the Arts Association in Newton County.
The following Resolutions of the House were read and adopted:
HR 1034. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Charles "Brownie" Winfred Pittman, Sr.; and for other purposes.
HR 1035. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Mr. Hoyt Holloway; and for other purposes.
HR 1036. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Sandy and Norma Lyons on the occasion of their fiftieth wedding anniversary; and for other purposes.
124
JOURNAL OF THE HOUSE
HR 1037. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of N. L. Prather; and for other purposes.
HR 1038. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of James Paul Fitts, Jr.; and for other purposes.
HR 1039. By Representative Ralston of the 7th:
A RESOLUTION recognizing the Blue Ridge Trout Festival in Blue Ridge, Georgia, as the official trout fishing festival of Georgia; and for other purposes.
HR 1040. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Karen Nunnally; and for other purposes.
HR 1041. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Mrs. Linda Sue Jones; and for other purposes.
HR 1042. By Representative Alexander of the 66th:
A RESOLUTION recognizing January 18, 2016, as Dr. Martin Luther King, Jr. Day and honoring the memory of Dr. Martin Luther King, Jr.; and for other purposes.
HR 1043. By Representative Marin of the 96th:
A RESOLUTION commending Ms. Grace M. Lopez-Williams; and for other purposes.
HR 1044. By Representatives Marin of the 96th, Coleman of the 97th and Rice of the 95th:
A RESOLUTION recognizing and commending Planned PEThood of Georgia; and for other purposes.
FRIDAY, JANUARY 15, 2016
125
HR 1045. By Representatives Marin of the 96th and Casas of the 107th:
A RESOLUTION recognizing and commending the National Association of Latino Elected and Appointed Officials for 40 years of service to the nation's Latino community; and for other purposes.
HR 1046. By Representative Tankersley of the 160th:
A RESOLUTION recognizing and commending James Nash Welch; and for other purposes.
HR 1047. By Representatives McCall of the 33rd, England of the 116th, Burns of the 159th and Abrams of the 89th:
A RESOLUTION recognizing February 3, 2016, as Veterinary Medicine Day at the state capitol; and for other purposes.
HR 1048. By Representatives Ballinger of the 23rd, Carter of the 175th, Jones of the 47th, Buckner of the 137th, Clark of the 101st and others:
A RESOLUTION honoring Girl Scouts on the occasion of its 100th anniversary; and for other purposes.
HR 1049. By Representatives Wilkinson of the 52nd, Dudgeon of the 25th, Brockway of the 102nd, Reeves of the 34th, Cantrell of the 22nd and others:
A RESOLUTION commending Ms. Paris Pouzati; and for other purposes.
HR 1050. By Representative Abrams of the 89th:
A RESOLUTION commending Atlanta Metropolitan State College and recognizing January 22, 2016, as Atlanta Metropolitan State College Day at the capitol; and for other purposes.
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, A.M., Wednesday, January 20, 2016, 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., Wednesday, January 20, 2016.
126
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Wednesday, January 20, 2016
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 Atwood Ballinger Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A E Carter, D Chandler Cheokas Clark, D Clark, H Clark, V Coleman
Cooke Coomer Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Dudgeon Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Greene 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 Lott Lumsden Mabra Marin Martin Maxwell Mayo McClain Meadows Metze
Mitchell Mosby Nimmer Nix Pak Parrish E Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Sharper E 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 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 Casas of the 107th, Cooper of the 43rd, Drenner of the 85th, Floyd of the 99th, Golick of the 40th, Jordan of the 77th, Morris of the 156th, Oliver of the 82nd, and Prince of the 127th.
WEDNESDAY, JANUARY 20, 2016
127
They wished to be recorded as present.
Prayer was offered by Reverend Jeremy Morton, Pastor, Cartersville First Baptist Church, Cartersville, 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 611
Atlanta, Georgia 30334
1/20/16
Bill Reilly, Clerk
Reference Days Jan. 11 and 12 days absent due to hospitalization.
Due to an error this was not reported to the Clerk.
Please excuse me for the two days.
/s/ Rep. Hugh Floyd
Thanks
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.
128
JOURNAL OF THE HOUSE
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 774. By Representatives Atwood of the 179th, Willard of the 51st, Williams of the 119th, Welch of the 110th, Jones of the 167th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 and Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to regulation of fireworks and general provisions regarding local government provisions applicable to counties and municipal corporations, respectively, so as to revise provisions relating to the sale, use, or explosion thereof; to revise the days, times, and locations in which consumer fireworks may be lawfully used or exploded; to revise places within this state where the use or explosion of consumer fireworks are prohibited; to provide for exceptions; to authorize counties and municipal corporations to further regulate the use or explosion of consumer fireworks; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 775. By Representatives Ehrhart of the 36th and Meadows of the 5th:
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 provide for restrictions on the sale and dispensing of spectacles; to provide for definitions; to provide for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 776. By Representatives Beasley-Teague of the 65th and Thomas of the 56th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, so as to provide that no health benefit plan shall refuse to pay or otherwise reimburse for a peroral endoscopic myotomy surgical procedure for the treatment of
WEDNESDAY, JANUARY 20, 2016
129
achalasia; to provide for definitions; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 777. By Representatives Dudgeon of the 25th, Coleman of the 97th and Parsons of the 44th:
A BILL to be entitled an Act to amend Code Section 40-6-165 of the Official Code of Georgia Annotated, relating to operation of school buses, so as to allow school bus drivers to use cellular telephones in a similar manner as a two-way radio; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 778. By Representatives Marin of the 96th, Abrams of the 89th and Waites of the 60th:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry weapon and temporary renewal permit, so as to provide for training for certain persons licensed to carry a pistol or revolver; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 779. By Representatives Tanner of the 9th, Lumsden of the 12th, Watson of the 172nd, Hightower of the 68th, Prince of the 127th 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 regulate the use of unmanned aircraft systems and images captured by such systems; to provide for definitions; to provide for exceptions; to provide for penalties and a civil right of action; to provide for venue; to amend Code Section 27-3-151 of the Official Code of Georgia Annotated, relating to activity prohibited in the taking of wildlife, so as to regulate the use of unmanned aircraft systems in connection to hunting and fishing; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
130
JOURNAL OF THE HOUSE
HB 780. By Representatives Lott of the 122nd, Williamson of the 115th, Cooper of the 43rd, Fleming of the 121st, Sims of the 123rd and others:
A BILL to be entitled an Act to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, so as to provide that certain nondiagnostic laboratories are not subject to state licensure as a clinical laboratory; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 781. By Representatives Raffensperger of the 50th, Rynders of the 152nd, Jones of the 167th, Taylor of the 173rd, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Chapter 80 of Title 36, Article 1 of Chapter 2 of Title 45, and Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities; general provisions regarding eligibility and qualifications for public office; and general provisions relating to state government, respectively, so as to require that individuals appointed to authorities, boards, councils, and commissions be United States citizens; to provide for other residency requirements; to provide for a definition; to provide for enforcement; to provide an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 782. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
A BILL to be entitled an Act to provide for the continuation of an alternative method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution among the Hall County School District, Gainesville City School District, and Buford City School District; to provide for an effective date, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 783. By Representatives Broadrick of the 4th, Harden of the 148th, Parrish of the 158th and Hawkins of the 27th:
WEDNESDAY, JANUARY 20, 2016
131
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 and IV controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for restricted dangerous drugs; to provide for penalties for certain violations relating to restricted dangerous drugs and nonprescription injectable insulin; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 1031. By Representatives Bruce of the 61st, Spencer of the 180th, Belton of the 112th, Benton of the 31st, Clark of the 98th and others:
A RESOLUTION encouraging the development of minority owned plasma centers; and for other purposes.
Referred to the Committee on Special Rules.
HR 1032. By Representatives Beasley-Teague of the 65th, Smyre of the 135th and Abrams of the 89th:
A RESOLUTION honoring the life of Robert and Ardena Beasley and dedicating a bridge in their memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1033. By Representatives Marin of the 96th, McClain of the 100th, Floyd of the 99th, Bennett of the 94th, Kendrick of the 93rd and others:
A RESOLUTION requesting that the Gwinnett County Board of Commissioners work to ease the traffic woes facing its constituents and listen to citizens' demands to increase mass transit options; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the following Bills and Resolution of the House were read the second time:
HB 724 HB 766 HB 768 HB 770
HB 765 HB 767 HB 769 HB 771
132
JOURNAL OF THE HOUSE
HB 772 HR 1017
HB 773
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Jackson of the 128th, Waites of the 60th, Caldwell of the 131st, Spencer of the 180th et al., Stovall of the 74th, Stover of the 71st and Corbett of the 174th.
Pursuant to HR 984, the House commended the Newnan-Coweta Chamber of Commerce for winning the 2015 National Chamber of the Year Award.
The following Resolutions of the House were read and adopted:
HR 1055. By Representatives Sims of the 123rd, Howard of the 124th, Prince of the 127th, Frazier of the 126th, Smith of the 125th and others:
A RESOLUTION recognizing February 11, 2016, as Augusta University Day at the state capitol; and for other purposes.
HR 1056. By Representatives Cantrell of the 22nd, Teasley of the 37th, Turner of the 21st and Caldwell of the 20th:
A RESOLUTION honoring the life and memory of Patrick Price, the Strategic Planning, Initiatives, and Innovations Coordinator for the State Board of Pardons and Paroles; and for other purposes.
HR 1057. By Representatives Burns of the 159th and Hitchens of the 161st:
A RESOLUTION recognizing January 25, 2016, as Effingham County Day at the capitol; saluting the Effingham County Chamber of Commerce; and for other purposes.
HR 1058. By Representative Ramsey of the 72nd:
A RESOLUTION recognizing and commending Jillian Martin upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 1059. By Representative Ramsey of the 72nd:
A RESOLUTION recognizing and commending Ali Arisha upon being honored with the Girl Scout Gold Award; and for other purposes.
WEDNESDAY, JANUARY 20, 2016
133
HR 1060. By Representative Cheokas of the 138th:
A RESOLUTION commending the Schley County Wildcats baseball team on winning its first baseball state championship; and for other purposes.
HR 1061. By Representatives Rogers of the 10th, Ralston of the 7th, Cheokas of the 138th, Lott of the 122nd, Coomer of the 14th and others:
A RESOLUTION recognizing January 27th, 2016, as Civil Air Patrol Day at the state capitol and commending the volunteers of the Civil Air Patrol for their service to the citizens of Georgia; and for other purposes.
HR 1062. By Representatives Cantrell of the 22nd, Turner of the 21st, Caldwell of the 20th, Ballinger of the 23rd and Carson of the 46th:
A RESOLUTION commending Hickory Flat Elementary School for being named a National Parent Teacher Association School of Excellence; and for other purposes.
HR 1063. By Representatives Greene of the 151st and Ealum of the 153rd:
A RESOLUTION recognizing and commending Reverend Dr. Willie Ross, Jr., on the occasion of his 20th pastoral anniversary; and for other purposes.
HR 1064. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Nick Champion; and for other purposes.
HR 1065. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Nick Bowman; and for other purposes.
HR 1066. By Representatives Rogers of the 10th, Gasaway of the 28th and Williams of the 87th:
A RESOLUTION recognizing January 23, 2016, as Maxie Skinner Day at the state capitol; and for other purposes.
HR 1067. By Representatives Raffensperger of the 50th, Dudgeon of the 25th, Rice of the 95th and Willard of the 51st:
134
JOURNAL OF THE HOUSE
A RESOLUTION recognizing and commending Matthew Leonard; and for other purposes.
HR 1068. By Representatives Raffensperger of the 50th, Dudgeon of the 25th, Rice of the 95th and Willard of the 51st:
A RESOLUTION recognizing and commending Andrew Trent CoCo; and for other purposes.
HR 1069. By Representatives Epps of the 144th, Randall of the 142nd, Dickey of the 140th, Beverly of the 143rd and Peake of the 141st:
A RESOLUTION recognizing and commending President William D. Underwood of Mercer University; and for other purposes.
HR 1070. By Representatives Coleman of the 97th, Rice of the 95th, Clark of the 101st, Barr of the 103rd, Marin of the 96th and others:
A RESOLUTION recognizing and commending Emma Denning upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 1071. By Representatives Taylor of the 79th, Ralston of the 7th, Jones of the 47th, Setzler of the 35th, Wilkinson of the 52nd and others:
A RESOLUTION honoring the life and memory of Representative Harry C. Geisinger; and for other purposes.
HR 1072. By Representatives Sims of the 123rd and Ehrhart of the 36th:
A RESOLUTION recognizing and commending Dyer Whitehurst; and for other purposes.
HR 1073. By Representatives Sims of the 123rd, Morris of the 156th and Williams of the 119th:
A RESOLUTION recognizing Mr. R. Daniel Blanton, Chairman of the American Bankers Association; and for other purposes.
HR 1074. By Representative Ramsey of the 72nd:
A RESOLUTION recognizing and commending Madeline Hervey upon being honored with the Girl Scout Gold Award; and for other purposes.
WEDNESDAY, JANUARY 20, 2016
135
HR 1075. By Representatives Sims of the 123rd, Dudgeon of the 25th and Ehrhart of the 36th:
A RESOLUTION recognizing and commending Broughton Powell; and for other purposes.
HR 1076. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Sam Fulkerson; and for other purposes.
HR 1077. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Patton Robertson; and for other purposes.
HR 1078. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Samuel Pike; and for other purposes.
HR 1079. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Chris Ott; and for other purposes.
HR 1080. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Tyler Schwartz; and for other purposes.
HR 1081. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Michael Pike; and for other purposes.
HR 1082. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Ryan Kahrs; and for other purposes.
136
JOURNAL OF THE HOUSE
HR 1083. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Ben Albizzatti on attaining the rank of Eagle Scout; and for other purposes.
HR 1084. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Armaan Joseph; and for other purposes.
HR 1085. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Devin Helsper; and for other purposes.
HR 1086. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Michael Minick; and for other purposes.
HR 1087. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Brian Qualey; and for other purposes.
HR 1088. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending William Frits; and for other purposes.
HR 1089. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Ryan York; and for other purposes.
HR 1090. By Representative Rynders of the 152nd:
A RESOLUTION commending the Lee County Library System; and for other purposes.
Representative Burns of the 159th 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, JANUARY 21, 2016
137
Representative Hall, Atlanta, Georgia
Thursday, January 21, 2016
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 Atwood Ballinger Barr Battles Beasley-Teague E Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell E Carson Carter, A Carter, D Chandler Cheokas Clark, D Clark, H Clark, V Coleman
Cooke Coomer Cooper Corbett Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum E Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Greene Harden Harrell
Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard E Hugley Jackson Jasperse Jones, J Jones, J.B. E Jones, L Jones, S Kaiser Kelley Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows Metze Mitchell
Nimmer Nix Oliver Parrish E Parsons E Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice 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 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 Casas of the 107th, Dawkins-Haigler of the 91st, Dollar of the 45th, Floyd of the 99th, Golick of the 40th, Jordan of the 77th, Kendrick of the 93rd, Morris of the 156th, Mosby of the 83rd, Pak of the 108th, and Randall of the 142nd.
138
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Reverend Brian Funderburke, Pastor, SERVE, Johns Creek United Methodist Church, Johns Creek, 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 784. By Representatives Carson of the 46th, Maxwell of the 17th and Lumsden of the 12th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that certain insurer advertising and promotional items not exceeding $100.00 in value will not be considered an unfair trade practice or an unlawful inducement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
THURSDAY, JANUARY 21, 2016
139
HB 785. By Representatives Dudgeon of the 25th, Wilkinson of the 52nd, Atwood of the 179th, Duncan of the 26th, Jones of the 167th and others:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the creation of townships; to conform related laws; to provide for related matters; to provide for an effective date and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 786. By Representative Buckner of the 137th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved August 20, 1923 (Ga. L. 1923, p. 739), an Act approved March 28, 1990 (Ga. L. 1990, p. 4980), and an Act approved April 10, 2014 (Ga. L. 2014, p. 3692), so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 787. By Representatives Dickson of the 6th, Broadrick of the 4th and Tarvin of the 2nd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Varnell ad valorem taxes for municipal purposes in the full amount of the assessed value of the homestead for residents of that city who are 65 years of age or older or who are the unremarried spouses of deceased firefighters, police officers, or military veterans; 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 788. By Representatives Kidd of the 145th, Epps of the 144th, Powell of the 32nd and Battles of the 15th:
140
JOURNAL OF THE HOUSE
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 of retirement and pensions, so as to provide that a member of a retirement system shall be eligible to change his or her designated beneficiaries at any time; to require retirement system administrators to promulgate the method to make such change; to provide for definitions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 789. By Representatives Kidd of the 145th and Epps of the 144th:
A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties only, so as authorize the power to grant franchises to or make contracts with certain utility systems and to charge certain fees as a result of such franchise agreements or contracts; to provide for a definition; to provide for procedures, conditions, and limitations; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 790. By Representatives Raffensperger of the 50th, Dudgeon of the 25th, Rice of the 95th, Duncan of the 26th and Clark of the 98th:
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 change provisions relating to transmitting a false public alarm; to provide a definition; to change penalty provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 791. By Representatives Kidd of the 145th, Epps of the 144th and Powell of the 32nd:
A BILL to be entitled an Act to amend Part 4 of Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to ride share network services and transportation referral services, so as to require ride share network services and transportation referral services to provide access to wheelchair accessible vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, JANUARY 21, 2016
141
Referred to the Committee on Regulated Industries.
HB 792. By Representatives Brockway of the 102nd, Pak of the 108th, Quick of the 117th, Cooke of the 18th, Ballinger of the 23rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying, possession, and use of electroshock weapons by persons who are students or who are employed at a public institution of postsecondary education; to provide for a definition; to provide for conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 793. By Representatives Ballinger of the 23rd, England of the 116th, Hatchett of the 150th, Rutledge of the 109th, Yates of the 73rd 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 794. By Representative Bentley of the 139th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Macon County shall also serve as the chief magistrate judge of the Magistrate Court of Macon County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current chief magistrate judge; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 961. By Representatives Waites of the 60th, Battles of the 15th, Yates of the 73rd, Alexander of the 66th, Prince of the 127th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for dedication of certain existing fees and assessments for the purpose of funding driver education and
142
JOURNAL OF THE HOUSE
training courses in public schools with grades nine through 12; to provide that such funds shall not be subject to lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Education.
HR 1051. By Representatives Dudgeon of the 25th, Wilkinson of the 52nd, Atwood of the 179th, Duncan of the 26th, Jones of the 167th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for townships for the limited purposes of exercising the power of zoning and the regulation of land use development within the boundaries of such townships and provide for the funding and operation of such townships; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 1052. By Representative Cheokas of the 138th:
A RESOLUTION honoring the life of Mr. Thomas William Poole and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1053. By Representatives Kendrick of the 93rd, Fludd of the 64th, Dudgeon of the 25th, Kirby of the 114th, Turner of the 21st and others:
A RESOLUTION creating the House Study Committee on Technology Workforce Development; and for other purposes.
Referred to the Committee on Special Rules.
HR 1054. By Representatives Kendrick of the 93rd, Dawkins-Haigler of the 91st, Smyre of the 135th, Glanton of the 75th, Jones of the 62nd and others:
A RESOLUTION creating the House Study Committee on Policing and Mental Health; and for other purposes.
Referred to the Committee on Special Rules.
HR 1091. By Representatives Raffensperger of the 50th, Cantrell of the 22nd, Setzler of the 35th, Chandler of the 105th, Gilligan of the 24th and others:
THURSDAY, JANUARY 21, 2016
143
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that this state shall recognize the paramount right to life of all human beings as persons at any stage of development; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 774 HB 776 HB 778 HB 780 HB 782 HR 1031 HR 1033
HB 775 HB 777 HB 779 HB 781 HB 783 HR 1032
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Holmes of the 129th and Stovall of the 74th.
Pursuant to HR 1092, the House recognized 20/20 Hearing and commended its founder, Jack McConnell.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Hatchett of the 150th et al.
The following Resolutions of the House were read and adopted:
HR 1092. By Representative Raffensperger of the 50th:
A RESOLUTION recognizing 20/20 Hearing and commending its founder, Jack McConnell; and for other purposes.
HR 1094. By Representative Jones of the 62nd:
A RESOLUTION commending Judge Eleanor Ross; and for other purposes.
144
JOURNAL OF THE HOUSE
HR 1095. By Representative Caldwell of the 131st:
A RESOLUTION recognizing Family and Consumer Sciences; and for other purposes
HR 1096. By Representative Powell of the 32nd:
A RESOLUTION honoring the life and memory of Mr. Charles Walker Jenkins; and for other purposes.
HR 1097. By Representative Jones of the 62nd:
A RESOLUTION recognizing and honoring Judge Leslie Abrams; and for other purposes.
HR 1098. By Representatives Wilkinson of the 52nd, Cooper of the 43rd, Price of the 48th, Gardner of the 57th, Beskin of the 54th and others:
A RESOLUTION recognizing the month of November as Epilepsy Awareness Month; and for other purposes.
HR 1099. By Representatives Wilkinson of the 52nd, Cooper of the 43rd, Price of the 48th, Gardner of the 57th, Beskin of the 54th and others:
A RESOLUTION recognizing April, 2016, as Parkinson's Disease Awareness Month; and for other purposes.
HR 1100. By Representatives Wilkinson of the 52nd, Willard of the 51st, Jones of the 47th, Price of the 48th and Martin of the 49th:
A RESOLUTION honoring the life and memory of Mr. J. Jerome Felton, Jr.; and for other purposes.
HR 1101. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Pezold of the 133rd and Buckner of the 137th:
A RESOLUTION commending Reverend Reggie Williams; and for other purposes.
HR 1102. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Pezold of the 133rd and Buckner of the 137th:
THURSDAY, JANUARY 21, 2016
145
A RESOLUTION commending Reverend Jesse Averett, Jr., the Pastor of St. Paul CME Church, Lone Oak; and for other purposes.
HR 1103. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Pezold of the 133rd and Buckner of the 137th:
A RESOLUTION commending Reverend Marcus J. Gibson, the pastor of Greater Shady Grove Missionary Baptist Church in Columbus, Georgia; and for other purposes.
HR 1104. By Representatives Hitchens of the 161st and Burns of the 159th:
A RESOLUTION recognizing and commending the Effingham YMCA Christian Leadership Academy; and for other purposes.
HR 1105. By Representatives Stovall of the 74th, Jones of the 53rd, Trammell of the 132nd, Bentley of the 139th, Rakestraw of the 19th and others:
A RESOLUTION recognizing and commending Christopher and Kyle Massey; and for other purposes.
HR 1106. By Representatives Corbett of the 174th, Yates of the 73rd, Deffenbaugh of the 1st, Ealum of the 153rd, Belton of the 112th and others:
A RESOLUTION honoring the life and memory of Mr. Kenneth Allen Norris; and for other purposes.
HR 1107. By Representatives Ballinger of the 23rd, Holmes of the 129th, Houston of the 170th, Dempsey of the 13th, Beskin of the 54th and others:
A RESOLUTION recognizing February 2, 2016, as Stop Violence Against Women Day at the state capitol; and for other purposes.
HR 1108. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Pezold of the 133rd and Buckner of the 137th:
A RESOLUTION recognizing and commending Michael Henry Murphy; and for other purposes.
HR 1109. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Pezold of the 133rd and Buckner of the 137th:
146
JOURNAL OF THE HOUSE
A RESOLUTION commending Dr. Ann L. Hardman, the Apostle of both Faith Worship Center International in Columbus, Georgia, and River of Life International in Asheville, North Carolina; and for other purposes.
HR 1110. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Pezold of the 133rd and Buckner of the 137th:
A RESOLUTION commending Reverend Debora F. Grant, the Senior Pastor of St. John AME Church in Columbus, Georgia; and for other purposes.
HR 1111. By Representative Williamson of the 115th:
A RESOLUTION recognizing and commending Trevor Harris for his courageous actions; and for other purposes.
Representative Burns of the 159th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.
FRIDAY, JANUARY 22, 2016
147
Representative Hall, Atlanta, Georgia
Friday, January 22, 2016
Eighth 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:
E Abrams Alexander
E Allison Atwood Ballinger Barr Battles Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson E Dickey Dickson Dollar Douglas E Drenner E Dudgeon Dunahoo Duncan Ealum Efstration England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton E Golick Gordon Gravley Greene 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 Lott E Lumsden Mabra E Marin Martin E Maxwell Mayo McCall McClain Meadows Metze Mitchell
Mosby Nimmer Nix Oliver Pak Parrish Parsons E Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott E Setzler Sharper Shaw E 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 E 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 Casas of the 107th, Dukes of the 154th, Floyd of the 99th, Jordan of the 77th, Morris of the 156th, and Pruett of the 149th.
148
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Representative Randy Nix, District 69, LaGrange, 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 718. By Representatives Waites of the 60th, Thomas of the 56th, Dawkins-Haigler of the 91st, Scott of the 76th, Jones of the 53rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to inmate policies and penal institutions, so as to prohibit the use of restraints on pregnant inmates under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
FRIDAY, JANUARY 22, 2016
149
HB 795. By Representatives Epps of the 144th, Greene of the 151st, Tanner of the 9th, Hitchens of the 161st, Jasperse of the 11th and others:
A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Driver's Education Commission, so as to transfer such commission from the Department of Driver Services to the Governor's Office of Highway Safety; to extend the sunset applicable to penalties for violations of traffic laws or ordinances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 796. By Representatives Kirby of the 114th, Jasperse of the 11th, Williams of the 168th, Abrams of the 89th, Frye of the 118th and others:
A BILL to be entitled an Act to amend Title 30 of the O.C.G.A., relating to handicapped persons, so as to provide for additional rights and responsibilities of individuals with service animals; to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses relative to dangerous instrumentalities and practices generally, so as to provide for criminal offenses and penalties related to the harassing, injuring, or killing of service animals; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 797. By Representatives Kirby of the 114th, Yates of the 73rd, Williams of the 168th, Powell of the 32nd, Raffensperger of the 50th and others:
A BILL to be entitled an Act to amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles, so as to require only those riders who are under 18 years of age to wear protective headgear while operating a motorcycle; to require only those riders who are under 18 years of age to wear protective headgear while operating a moped; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 798. By Representatives Chandler of the 105th, Teasley of the 37th, Stovall of the 74th, Dudgeon of the 25th, Barr of the 103rd and others:
150
JOURNAL OF THE HOUSE
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 for eligibility for Zell Miller Scholarships for home study students who receive certain scores on standardized college admission tests; to revise eligibility requirements for HOPE scholarships for entering freshmen students who are home study students regarding scores on standardized college admission tests; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 799. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act to provide for a new charter for the City of Hoschton, Georgia, approved April 24, 2013 (Ga. L. 2013, p. 3539), so as to provide for the manner of election of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 800. By Representatives Jasperse of the 11th, McCall of the 33rd, England of the 116th, Ballinger of the 23rd, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to veterinarians and veterinary technicians, so as to clarify the scope of the veterinarianclient-patient relationship; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 801. By Representatives Jones of the 47th, Dickey of the 140th, Nimmer of the 178th, Rogers of the 10th, Burns of the 159th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise various provisions regarding the HOPE scholarship; to include certain coursework in computer science as optional rigor requirements; to provide for weighted scores for certain college coursework; to clarify definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
FRIDAY, JANUARY 22, 2016
151
HB 802. By Representatives Teasley of the 37th, Tankersley of the 160th, Williams of the 119th, Ehrhart of the 36th, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to revise the deduction from income for contributions to savings trust accounts established pursuant to Article 11 of Chapter 3 of Title 20; 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 803. By Representative Waites of the 60th:
A BILL to be entitled an Act to amend Code Section 15-11-2 and Title 19 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code and domestic relations, respectively, so as to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for terminating parental rights; to revise definitions; to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for losing parental rights and is relevant in certain adoption proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 804. By Representatives Mabra of the 63rd, Glanton of the 75th, Douglas of the 78th, Scott of the 76th, Stovall of the 74th 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 fifth judge of the superior courts of the Clayton Judicial Circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 805. By Representatives Powell of the 32nd, Rice of the 95th, Stephens of the 164th, Harrell of the 106th, Maxwell of the 17th and others:
A BILL to be entitled an Act to revise provisions relating to the regulation of transportation for hire; to amend Title 40 of the Official Code of Georgia
152
JOURNAL OF THE HOUSE
Annotated, relating to motor vehicles, so as to clarify inspections of limousine carriers; to provide for the registration of taxi services; 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 revise an exemption; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 806. By Representatives Tanner of the 9th, Tankersley of the 160th, Epps of the 144th, Caldwell of the 131st and Rice of the 95th:
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 expiration of certain licenses and identification cards issued by the Department of Driver Services; to provide for the suspension of a driver's license upon receipt of conviction reports from a court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 807. By Representatives Stovall of the 74th, Scott of the 76th, 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 one or more community improvement districts within Clayton County, approved April 7, 1992 (Ga. L. 1992, p. 5698), so as to change certain provisions relating to the purpose of the Act; to change the definition of the term "electors"; to change the definition of the term "project"; to change certain provisions relating to taxes, fees, and assessments; to change certain provisions relating to boundaries of such districts; to change certain provisions relating to the powers of boards of such districts; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 808. By Representatives Willard of the 51st, Jones of the 47th, Burns of the 159th, Oliver of the 82nd, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to create a new Judicial Qualifications Commission; to provide for the powers, composition, and appointment of such commission; to amend Code
FRIDAY, JANUARY 22, 2016
153
Section 50-14-3 of the Official Code of Georgia Annotated, relating to certain proceedings exempted from open meetings requirements, so as to remove any exemptions for meetings of the Judicial Qualifications Commission; to provide effective dates; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 1093. By Representatives Alexander of the 66th, Chandler of the 105th, Dempsey of the 13th, Tanner of the 9th, Gravley of the 67th and others:
A RESOLUTION creating the Joint Study Committee on Mental Illness Initiative, Reform, Public Health, and Safety; and for other purposes.
Referred to the Committee on Special Rules.
HR 1112. By Representatives Stover of the 71st, Allison of the 8th, Spencer of the 180th, Kidd of the 145th, Turner of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the election of members of the Board of Regents of the University System of Georgia; to provide for terms of office and manner of election; 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 Governmental Affairs.
HR 1113. By Representatives Willard of the 51st, Jones of the 47th, Burns of the 159th, Oliver of the 82nd, Meadows of the 5th and others:
A RESOLUTION proposing an amendment to the Constitution so as to abolish the existing Judicial Qualifications Commission; to require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
154
JOURNAL OF THE HOUSE
HB 784 HB 786 HB 788 HB 790 HB 792 HB 794 HR 1051 HR 1053 HR 1091
HB 785 HB 787 HB 789 HB 791 HB 793 HR 961 HR 1052 HR 1054
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Stovall of the 74th, Belton of the 112th, and Williams of the 168th.
Pursuant to HR 1050, the House commended Atlanta Metropolitan State College and recognized January 22, 2016, as Atlanta Metropolitan State College Day at the capitol.
The following Resolutions of the House were read and adopted:
HR 1115. 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. Miranda Duncan Parks; and for other purposes.
HR 1116. 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. Modree Grogan Bowers; and for other purposes.
HR 1117. 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 Dr. Charles Neil Kelley; and for other purposes.
HR 1118. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Michael Joseph Egan; and for other purposes.
FRIDAY, JANUARY 22, 2016
155
HR 1119. By Representative Ralston of the 7th:
A RESOLUTION recognizing Leadership Dawson; and for other purposes.
HR 1120. 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. Eva Farrill; and for other purposes.
HR 1121. 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 Edward Whalen, Jr.; and for other purposes.
HR 1122. 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. James Mark DeLong, Sr.; and for other purposes.
HR 1123. 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. Jack Estes; and for other purposes.
HR 1124. 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. Edna Grizzle Wilson; and for other purposes.
HR 1125. By Representatives Rogers of the 29th, Tanner of the 9th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Terry Wayne Grindle; and for other purposes.
HR 1126. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
156
JOURNAL OF THE HOUSE
A RESOLUTION honoring the life and memory of Mr. Louis Gordon Sawyer; and for other purposes.
HR 1127. By Representatives Greene of the 151st, Ealum of the 153rd and Dukes of the 154th:
A RESOLUTION recognizing February 3, 2016, as Albany-Dougherty County Day at the state capitol and commending the Albany Area Chamber of Commerce; and for other purposes.
HR 1128. By Representatives Williams of the 119th, Quick of the 117th, Kaiser of the 59th, McCall of the 33rd, Carter of the 175th and others:
A RESOLUTION recognizing the Watkinsville Garden Club on the occasion of its 75th anniversary; and for other purposes.
HR 1129. By Representatives Bruce of the 61st, Frazier of the 126th, Glanton of the 75th, Mayo of the 84th, Williams of the 87th and others:
A RESOLUTION commemorating the 150th anniversary of the mustering out of the 136th and 138th regiments of the United States Colored Infantry; and for other purposes.
HR 1130. By Representatives Trammell of the 132nd, Nix of the 69th, Pezold of the 133rd, Smith of the 70th, Ramsey of the 72nd and others:
A RESOLUTION recognizing and commending Superior Court Judge Quillian Baldwin on the occasion of his retirement; and for other purposes.
HR 1131. By Representatives Mayo of the 84th, Kaiser of the 59th, Frye of the 118th, Bennett of the 94th, Trammell of the 132nd and others:
A RESOLUTION recognizing February 3, 2016, as High Performance Healthy Schools Day at the capitol; and for other purposes.
HR 1132. By Representatives Tanner of the 9th, Duncan of the 26th, Broadrick of the 4th, Epps of the 144th and Rhodes of the 120th:
A RESOLUTION honoring the life and memory of Mrs. Winnie Lou Bramblett Tallant; and for other purposes.
HR 1133. By Representatives Tanner of the 9th, Smith of the 70th, Knight of the 130th, Harden of the 148th, Dickey of the 140th and others:
FRIDAY, JANUARY 22, 2016
157
A RESOLUTION commending Corporal Jason Roberson of the Georgia Department of Natural Resources Law Enforcement Division on receiving the 2015 Butch Potts Boating Law Enforcement Officer of the Year Award from the National Association of State Boating Law Administrators; and for other purposes.
HR 1134. By Representatives Tanner of the 9th, Smith of the 70th, Knight of the 130th, Harden of the 148th, Dickey of the 140th and others:
A RESOLUTION commending Corporal Greg Wade of the Georgia Department of Natural Resources Law Enforcement Division on being named the 2015 Conservation Officer of the Year by the Association of Fish and Wildlife Agencies; and for other purposes.
The following Resolution of the House was read:
HR 1114. By Representative Burns of the 159th
A RESOLUTION
Relative to meetings and adjournments of the General Assembly; and for other purposes.
PART I
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, meetings of the 2016 regular session of the General Assembly during the period of Tuesday, February 2, 2016, through Thursday, March 24, 2016, shall be held in accordance with the following schedule:
Tuesday, February 2 .................................................................... convene for legislative day 14 Wednesday, February 3 ............................................................... convene for legislative day 15 Thursday, February 4 .................................................................. convene for legislative day 16
Monday, February 8 .................................................................... convene for legislative day 17 Tuesday, February 9 .................................................................... convene for legislative day 18 Wednesday, February 10 ............................................................. convene for legislative day 19 Thursday, February 11 ................................................................ convene for legislative day 20
Tuesday, February 16 .................................................................. convene for legislative day 21 Wednesday, February 17 ............................................................. convene for legislative day 22 Thursday, February 18 ................................................................ convene for legislative day 23 Friday, February 19 ..................................................................... convene for legislative day 24
158
JOURNAL OF THE HOUSE
Monday, February 22 .................................................................. convene for legislative day 25 Tuesday, February 23 .................................................................. convene for legislative day 26 Wednesday, February 24 ............................................................. convene for legislative day 27 Thursday, February 25 ................................................................ convene for legislative day 28 Friday, February 26 ..................................................................... convene for legislative day 29
Monday, February 29 .................................................................. convene for legislative day 30
Wednesday, March 2 ................................................................... convene for legislative day 31
Monday, March 7 ........................................................................ convene for legislative day 32 Tuesday, March 8 ........................................................................ convene for legislative day 33
Thursday, March 10 .................................................................... convene for legislative day 34 Friday, March 11 ......................................................................... convene for legislative day 35
Monday, March 14 ...................................................................... convene for legislative day 36 Tuesday, March 15 ...................................................................... convene for legislative day 37 Wednesday, March 16 ................................................................. convene for legislative day 38
Tuesday, March 22 ...................................................................... convene for legislative day 39
Thursday, March 24 .................................................................... convene for legislative day 40
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. As authorized by said Code section, the hours for convening and adjourning the House of Representatives for each legislative day may be as ordered by the House; and the hours for convening and adjourning the Senate for each legislative day may be as ordered by the Senate. Each house, upon its own adjournment for a legislative day, shall remain in a period of adjournment until it convenes for the next legislative day.
PART II
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 discontinuation of the schedule for meetings provided by this resolution and provide for reconvening the House and the Senate 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.
FRIDAY, JANUARY 22, 2016
159
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 discontinuation of the schedule for meetings provided by this resolution and provide for reconvening the House and the Senate 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 emergency or disaster resulting in the discontinuation of the schedule for meetings 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; and each house shall be and remain in adjournment until convening for the next legislative day on the date certain jointly specified by such officers. Following such reconvening, the General Assembly may provide by joint resolution for a new schedule for meetings and adjournments.
BE IT FURTHER RESOLVED that, as to any case of emergency or disaster resulting in the discontinuation of the schedule for meetings as authorized by this resolution, the adoption of this resolution by the General Assembly shall constitute the consent of both the House of Representatives and the Senate for purposes of Article III, Section IV, Paragraph I(b) of the Constitution.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
E Abrams Y Alexander E Allison Y Atwood
Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson E Dickey Y Dickson Y Dollar Y Douglas E Drenner E Dudgeon Y Dukes
Dunahoo Y Duncan Y Ealum Y Efstration
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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver E Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett
Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M
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.
160
JOURNAL OF THE HOUSE
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D
Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Harden
Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott E Lumsden Y Mabra E Marin Y Martin E Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Quick Y Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw E Sims Y Smith, E
Y Thomas, E Y Trammell Y Turner
VACANT Y Waites Y Watson Y Welch Y Weldon E 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 151, nays 0.
The Resolution was adopted.
Representative Burns of the 159th asked unanimous consent that HR 1114 be immediately transmitted to the Senate.
It was so ordered.
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, January 25, 2016, 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 25, 2016.
MONDAY, JANUARY 25, 2016
161
Representative Hall, Atlanta, Georgia
Monday, January 25, 2016
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 Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D E Casas Chandler Cheokas Clark, D Clark, H
Clark, V Coleman Cooke Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey E Dickerson Dickey Dickson Dollar Douglas Dudgeon Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon
Gravley Greene Harden Harrell Hatchett Hawkins Hightower Hitchens Holcomb Holmes Houston E Howard Hugley Jackson Jasperse Jones, J.B. Jones, L Jones, S Kaiser Kelley Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Martin E Maxwell Mayo McCall McClain Meadows
Metze Mitchell Mosby Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L Smith, M Smith, R 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 Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Ralston, Speaker
The following members were off the floor of the House when the roll was called:
Representatives Drenner of the 85th, Dukes of the 154th, Golick of the 40th, Henson of the 86th, Jones of the 47th, Jordan of the 77th, Kendrick of the 93rd, Pruett of the 149th, Randall of the 142nd, and Smyre of the 135th.
162
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Reverend Brian Salter, Association Pastor of Mission & Vision, Lookout Mountain Presbyterian Church, Lookout Mountain, 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 712. By Representatives Bruce of the 61st, Smyre of the 135th, Marin of the 96th, Dukes of the 154th, Dawkins-Haigler of the 91st and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 50 of the O.C.G.A., relating to the Department of Administrative Services, so as to define certain terms; to create the Division of Supplier Diversity; to provide for appointment of a director; to provide for powers and duties of the director; to create the position of minority and women owned business enterprises statewide advocate; to provide for appointment; to provide for duties; to provide for provisions for state contracts; to provide for a state-wide disparity study;
MONDAY, JANUARY 25, 2016
163
to provide for contents; to provide for the structure of procurement contracts; to provide for rules and regulations; to provide for the implementation of rules and regulations; 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 809. By Representatives Frye of the 118th, Alexander of the 66th, Smith of the 41st, Trammell of the 132nd, Cantrell of the 22nd and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to provide an exemption from ad valorem taxation for certain housing furnished by a nonprofit organization to physically disabled persons; 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.
HB 810. By Representatives Frye of the 118th, Quick of the 117th, Mabra of the 63rd, Gravley of the 67th, Williams of the 119th and others:
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 provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 811. By Representatives Williamson of the 115th, Powell of the 171st, Brockway of the 102nd, Morris of the 156th, England of the 116th and others:
A BILL to be entitled an Act to extensively amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to update, modernize, and streamline numerous Code sections to provide for efficient regulation of banks, trust companies, credit unions, merchant acquirer limited purpose banks, and the mortgage lending industry; to update and eliminate certain provisions to comply with federal law; to update certain provisions to comply with federal court decisions; to revise powers and duties of the Department of Banking and Finance; to delete all appearances of and
164
JOURNAL OF THE HOUSE
references to the term "building and loan associations"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 812. By Representatives Prince of the 127th, Randall of the 142nd, Taylor of the 79th, Abrams of the 89th, Hugley of the 136th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 7, Chapter 17 of Title 16, and Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to industrial loans, payday lending, and pawnbrokers, respectively, so as to provide for the enforcement of the federal John Warner National Defense Authorization Act for Fiscal Year 2007; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 813. By Representatives Jasperse of the 11th, Broadrick of the 4th, Cooper of the 43rd and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 and Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies and control of venereal disease, respectively, so as to provide for expedited partner therapy for patients with chlamydia, gonorrhea, or trichomoniasis; to provide for definitions; to revise provisions relating to dispensing prescription drugs; to provide for immunity; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 814. By Representatives Glanton of the 75th, Ealum of the 153rd, Carter of the 175th, Atwood of the 179th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for unique identifiers for students of military personnel; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
MONDAY, JANUARY 25, 2016
165
HB 815. By Representatives Rhodes of the 120th, McCall of the 33rd, Broadrick of the 4th, Williams of the 119th, Knight of the 130th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to meat inspection, so as to provide for the inspection and regulation of certain avian meat products and facilities related to the processing of such products for human consumption; to provide for uniformity; to remove an obsolete provision relating to enforcement responsibility; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 816. By Representatives Mitchell of the 88th, Pruett of the 149th, Jackson of the 128th, LaRiccia of the 169th, Scott of the 76th 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 "Georgia Student Religious Liberties Act of 2016"; to provide for voluntary student expression of religious viewpoints in public schools; to provide that local school systems shall allow religious expression in class assignments; to provide that local school systems shall provide students with the freedom to organize religious groups and activities; to provide that local school systems shall provide a limited public forum for student speakers at nongraduation and graduation events; to provide a model policy for voluntary religious expression in public schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 817. By Representatives Sharper of the 177th, Shaw of the 176th, Corbett of the 174th, Carter of the 175th, Waites of the 60th and others:
A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions regarding elementary and secondary education, so as to require that certain youth athletes receive instruction in baseball dugout safety; to encourage that baseball dugouts housing youth athletes during certain baseball games have protective covering; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
166
JOURNAL OF THE HOUSE
HB 818. By Representatives Shaw of the 176th, Nimmer of the 178th, Fleming of the 121st, England of the 116th, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers' compensation, so as to change certain provisions relating to workers' compensation insurance, awards, benefits, and administration; to provide that administrative law judges are subject to the Georgia Code of Judicial Conduct; to change provisions related to an employer's duties to provide the State Board of Workers' Compensation with certain information; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 819. By Representatives Kendrick of the 93rd, Dickerson of the 113th, Carter of the 175th, Kaiser of the 59th, Teasley of the 37th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for the development of a list of training materials in mental health, behavioral disabilities, and learning disabilities; to provide that no cause of action is created; to provide that no duty of care is created; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 820. By Representatives Kendrick of the 93rd, Dickerson of the 113th, Kaiser of the 59th, Glanton of the 75th, Stovall of the 74th and others:
A BILL to be entitled an Act to amend Subpart 3 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to chronic disciplinary problem students, so as to require documented behavior correction action plans for certain students with disciplinary problems; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 821. By Representatives Williams of the 168th, Frazier of the 126th, Smith of the 134th, Yates of the 73rd, Abrams of the 89th 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 applicable to
MONDAY, JANUARY 25, 2016
167
professions and businesses, so as to require professional licensing boards and other boards to adopt rules and regulations implementing a process by which military spouses and transitioning service members may qualify for temporary licenses, licenses by endorsement, expedited licenses, or a combination thereof for each profession, business, or trade for which a license is issued; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Small Business Development.
HB 822. By Representatives Coomer of the 14th, Powell of the 171st, Smyre of the 135th, Epps of the 144th, Clark of the 101st 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 sales and use tax, so as to provide for a change in a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 823. By Representatives Abrams of the 89th, Trammell of the 132nd, Gardner of the 57th, Hugley of the 136th, Fludd of the 64th 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 authorization of appropriations for the purposes of obtaining federal financial participation for medical assistance payments to providers of Medicaid expansion under the federal Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010; to provide for a maximum percent of the federal poverty level; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 824. By Representatives Alexander of the 66th, Bruce of the 61st, Carter of the 92nd, Wilkerson of the 38th, Hugley of the 136th and others:
A BILL to be entitled an Act to amend Title 34 of the O.C.G.A., relating to labor and industrial relations, so as to require all employers to implement paid sick leave for employees; to specify purposes for which paid sick leave may be taken and the rate at which paid sick leave accrues; to require advance notice of intention to use sick leave under certain circumstances; to
168
JOURNAL OF THE HOUSE
provide for verification of the need for sick time in certain circumstances; to provide for record keeping; to prohibit discrimination against an employee for inquiring about or using paid sick leave; to make a violation of an unlawful practice subject to the jurisdiction of the Department of Labor; to authorize a civil action for any violation; 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 825. By Representatives Smith of the 125th, Holcomb of the 81st, Carter of the 175th, Shaw of the 176th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship general provisions, so as to provide that in the event of a report of child abuse by a military parent or guardian, the child welfare agency shall notify the Department of Defense Family Advocacy Program; to add filing a report of child abuse to military law enforcement to the reporting of child abuse to an appropriate police authority; to extend immunity provisions to reporting child abuse to military law enforcement; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 826. By Representatives Price of the 48th, Cooper of the 43rd, Rynders of the 152nd, Hawkins of the 27th, Belton of the 112th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice relative to physicians, assistants, and others, so as to provide for certain requirements for advertisement or publication of representations of board certification by physicians; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 827. By Representatives Holcomb of the 81st, Bennett of the 80th, Pak of the 108th, Quick of the 117th, Abrams of the 89th 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 for law enforcement officers and agencies, so as to provide requirements for
MONDAY, JANUARY 25, 2016
169
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 a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 1135. By Representatives Belton of the 112th, Rynders of the 152nd, Blackmon of the 146th, Williams of the 168th, Clark of the 147th and others:
A RESOLUTION creating the House Study Committee on Base Realignment and Closure; and for other purposes.
Referred to the Committee on Special Rules.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 718 HB 796 HB 798 HB 800 HB 802 HB 804 HB 806 HB 808 HR 1112
HB 795 HB 797 HB 799 HB 801 HB 803 HB 805 HB 807 HR 1093 HR 1113
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 1114. By Representative Burns of the 159th:
A RESOLUTION relative to meetings and adjournments of the General Assembly; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
170
JOURNAL OF THE HOUSE
Representatives Williams of the 168th, Stovall of the 74th, Burns of the 159th et al., Dawkins-Haigler of the 91st et al., and Cheokas of the 138th.
Pursuant to HR 1007, the House recognized January 25, 2016, as National Guard Day at the capitol.
The following Resolutions of the House were read and adopted:
HR 1137. By Representatives Belton of the 112th, Rutledge of the 109th, Dickerson of the 113th, Welch of the 110th, Corbett of the 174th and others:
A RESOLUTION recognizing and commending Georgia State Trooper First Class Nathan Bradley, Georgia State Patrol Corporal Richard Thacker, and Morgan County Sheriff Robert Markley; and for other purposes.
HR 1138. By Representatives Buckner of the 137th, Smith of the 134th, Pezold of the 133rd and Trammell of the 132nd:
A RESOLUTION commending Harris and Meriwether Counties and recognizing January 27, 2016, as Harris and Meriwether County Day at the state capitol; and for other purposes.
HR 1139. By Representatives Kelley of the 16th and Cooke of the 18th:
A RESOLUTION recognizing and commending Ms. Betty Rae Streid on the occasion of her retirement as president of the Haralson County Republican Women organization; and for other purposes.
HR 1140. By Representatives Cooper of the 43rd, Taylor of the 173rd, Hawkins of the 27th, Price of the 48th, Jasperse of the 11th and others:
A RESOLUTION recognizing and commending Georgia State University's Legislative Health Policy Certificate Program and Advanced Health Policy Institute and its instructors; and for other purposes.
HR 1141. By Representatives Spencer of the 180th, Corbett of the 174th, Jones of the 167th, Atwood of the 179th, Wilkinson of the 52nd and others:
A RESOLUTION honoring the victims of the 1971 Woodbine Thiokol Chemical Corporation explosion; and for other purposes.
HR 1142. By Representatives Carson of the 46th, Knight of the 130th, Mosby of the 83rd and Wilkerson of the 38th:
MONDAY, JANUARY 25, 2016
171
A RESOLUTION honoring the life and memory of Mr. Royce B. Duncan; and for other purposes.
HR 1143. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mrs. Frances Davis DeLong; and for other purposes.
HR 1144. By Representatives Cooper of the 43rd, Rynders of the 152nd, Weldon of the 3rd, Price of the 48th, Wilkinson of the 52nd and others:
A RESOLUTION recognizing February, 2016, as Self-Care Month; and for other purposes.
HR 1145. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION commending Heather McConnell, Gainesville's 2017 Teacher of the Year; and for other purposes.
HR 1146. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Harry Purvis Ward; and for other purposes.
HR 1147. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. J.W. West; and for other purposes.
HR 1148. By Representatives Rynders of the 152nd, Parrish of the 158th, Dempsey of the 13th, Cooper of the 43rd and Buckner of the 137th:
A RESOLUTION commending the Georgia Rural Health Association and recognizing March 1, 2016, as Rural Health Day at the state capitol; and for other purposes.
HR 1149. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
172
JOURNAL OF THE HOUSE
A RESOLUTION honoring the life and memory of Mr. Doyle Mathis Johnson, Jr.; and for other purposes.
HR 1150. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. W. Johnny Martin; and for other purposes.
HR 1151. By Representatives Jasperse of the 11th, England of the 116th, McCall of the 33rd, Harden of the 148th, Dunahoo of the 30th and others:
A RESOLUTION recognizing Dr. Mike Lacy on the occasion of his retirement from the University of Georgia Department of Poultry Science; and for other purposes.
HR 1152. By Representative Marin of the 96th:
A RESOLUTION commending Mr. Allen Chang; and for other purposes.
HR 1153. By Representative Kelley of the 16th:
A RESOLUTION recognizing and commending Ms. Beverly Battle; and for other purposes.
HR 1154. By Representatives Smith of the 134th, Jasperse of the 11th, Pirkle of the 155th, England of the 116th, McCall of the 33rd and others:
A RESOLUTION recognizing February 3, 2016, as 4-H Day at the State Capitol; and for other purposes.
HR 1155. By Representatives Raffensperger of the 50th, Dudgeon of the 25th, Rice of the 95th and Willard of the 51st:
A RESOLUTION commending Johns Creek on being named number one on the Federal Bureau of Investigation's 40 safest cities in Georgia list for 2015; and for other purposes.
HR 1156. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Grady Elliott Short; and for other purposes.
MONDAY, JANUARY 25, 2016
173
HR 1157. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Wendell Whiteside; and for other purposes.
HR 1158. By Representative Marin of the 96th:
A RESOLUTION recognizing and commending Hi-Hope Service Center; and for other purposes.
Representative Houston of the 170th 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.
174
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Tuesday, January 26, 2016
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 Atwood Ballinger Barr Battles E Beasley-Teague Belton Bennett, K Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, D 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 Dukes Dunahoo Duncan Ealum Efstration England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Greene 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 Kidd Kirby Knight LaRiccia Lott Lumsden E Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Metze Mitchell Mosby Nix Oliver Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rogers, C Rogers, T Rutledge Rynders Scott 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 Waites Watson Welch Weldon Werkheiser Wilkerson E 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 Bennett of the 80th, Carter of the 175th, Dollar of the 45th, Ehrhart of the 36th, Floyd of the 99th, Golick of the 40th, Jordan of the 77th, Kendrick of the 93rd,
TUESDAY, JANUARY 26, 2016
175
Morris of the 156th, Nimmer of the 178th, Pak of the 108th, Pruett of the 149th, Rice of the 95th, Setzler of the 35th, and Stephenson of the 90th.
They wished to be recorded as present.
Prayer was offered by Pastor Louie Giglio, Passion City 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 716. By Representatives Waites of the 60th, Jones of the 53rd, Gardner of the 57th, Kendrick of the 93rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for findings; to provide that a person licensed to provide professional counseling under Title 43 of the Official Code of Georgia Annotated, including but not limited to psychiatrists, psychologists, professional counselors, social workers,
176
JOURNAL OF THE HOUSE
marriage and family therapists, or certain other persons, shall not engage in sexual orientation change efforts with a person under 18 years of age; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 828. By Representatives Fludd of the 64th, Hawkins of the 27th, Mosby of the 83rd, Buckner of the 137th and Greene of the 151st:
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 create an income tax credit for employers who hire certain qualified parolees for fulltime jobs; to provide for rules and regulations and an application process related to such income tax credit; to provide for certain conditions and limitations; to provide for definitions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 829. By Representatives Sharper of the 177th, Dawkins-Haigler of the 91st, Bentley of the 139th and Scott of the 76th:
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, so as to require that the whereabouts of a student are investigated when such student's whereabouts become unknown following a change of classes; 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 830. By Representatives Glanton of the 75th, Douglas of the 78th, Scott of the 76th, Mabra of the 63rd, Stovall of the 74th and others:
A BILL to be entitled an Act to conditionally repeal an Act providing for homestead exemptions from ad valorem taxes for city purposes for residents of the City of Jonesboro, approved May 14, 2002 (Ga. L. 2002, p. 5845), and to enact a new provision; to restate the amount of the homestead exemption for the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, specific conditional repeal, and automatic repeal;
TUESDAY, JANUARY 26, 2016
177
to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 831. By Representatives Smyre of the 135th, Scott of the 76th, Hitchens of the 161st, Smith of the 134th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions for certain military personnel, so as to require that private employers reemploy certain members of any reserve component of the armed forces of the United States who have been discharged or suspended from employment by his or her employer due to being called into active state service; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 832. By Representatives Turner of the 21st, Pezold of the 133rd, Spencer of the 180th, Clark of the 147th, Caldwell of the 20th and others:
A BILL to be entitled an Act to amend Code Section 9-16-15 of the Official Code of Georgia Annotated, relating to stay of civil forfeiture proceedings during pendency of criminal proceedings, so as to require the conclusion of criminal proceedings prior to civil forfeiture proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 833. By Representatives Mitchell of the 88th, Bryant of the 162nd, Fludd of the 64th, Jordan of the 77th, Scott of the 76th and others:
A BILL to be entitled an Act to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to provide for additional waiver periods; to provide for new duration and applicability periods; to clarify when certain periods of time apply; to update legislative findings; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
178
JOURNAL OF THE HOUSE
HB 834. By Representatives Hawkins of the 27th, Rogers of the 29th, Stephens of the 164th, Smith of the 134th, Cooper of the 43rd and others:
A BILL to be entitled an Act to amend Title 31 and Title 48 of the Official Code of Georgia Annotated, relating to health and revenue and taxation, respectively, so as to establish charity care organizations to provide health care services to the uninsured in this state; to provide for definitions; to provide for tax credits for contributions to charity care organizations; to provide for the amount, nature, limits, and procedures for such tax credits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 835. By Representatives Rogers of the 29th, Ehrhart of the 36th, Williams of the 119th, Kelley of the 16th, Mabra of the 63rd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to tax returns and furnishing of information, so as to authorize Georgia taxpayers to make certain voluntary contributions through the income tax payment and refund process to a Georgia Higher Education Savings Plan; 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 Ways & Means.
HB 836. By Representatives Carter of the 175th, Cheokas of the 138th, Abrams of the 89th, Knight of the 130th, Williams of the 119th 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 for a limited period of time regarding property used in renovation and rehabilitation of affordable housing; 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 837. By Representatives Setzler of the 35th, Fleming of the 121st, Teasley of the 37th and Ramsey of the 72nd:
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
TUESDAY, JANUARY 26, 2016
179
preservation of religious freedom; to provide for the granting of relief; to provide for waiver of sovereign immunity under certain circumstances; to provide for definitions; 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 Judiciary.
HR 1136. By Representatives Efstration of the 104th, Pak of the 108th and Caldwell of the 20th:
A RESOLUTION requesting that the United States Congress call a convention under Article V of the Constitution of the United States limited to proposing an amendment to the Constitution of the United States to set a limit on the number of terms that a person may be elected as a member of the United States House of Representatives and to set a limit on the number of terms that a person may be elected as a member of the United States Senate; and for other purposes.
Referred to the Committee on Judiciary.
HR 1159. By Representatives Jones of the 62nd, Pezold of the 133rd and Spencer of the 180th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that members of the House of Representatives and the Senate shall serve staggered, four-year terms of office; to provide that members of the House of Representatives and the Senate shall be limited to serving three consecutive terms of office; to provide that terms of office in one house shall not apply to service in the other house; to provide that a member can be eligible to serve again after at least one year out of office; 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 Judiciary.
By unanimous consent, the following Bills and Resolution of the House were read the second time:
HB 712 HB 810 HB 812 HB 814
HB 809 HB 811 HB 813 HB 815
180
JOURNAL OF THE HOUSE
HB 816 HB 818 HB 820 HB 822 HB 824 HB 826 HR 1135
HB 817 HB 819 HB 821 HB 823 HB 825 HB 827
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 683 HB 748 HB 786 HB 794 HB 807
Do Pass Do Pass Do Pass Do Pass Do Pass
HB 735 HB 782 HB 787 HB 799
Do Pass Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 742 Do Pass
Respectfully submitted, /s/ Powell of the 171st
Chairman
TUESDAY, JANUARY 26, 2016
181
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 683. By Representatives Dickerson of the 113th, Anderson of the 92nd, Stephenson of the 90th and Carter of the 92nd:
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 735. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act creating the Stewart County Water and Sewerage Authority, approved March 24, 1988 (Ga. L. 1988, p. 4498), so as to revise method of membership appointments; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 748. By Representatives Taylor of the 173rd, Carter of the 175th and Watson of the 172nd:
A BILL to be entitled an Act to authorize the Magistrate Court of Thomas 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 782. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th, Barr of the 103rd, Coleman of the 97th and others:
182
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to provide for the continuation of an alternative method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution among the Hall County School District, Gainesville City School District, and Buford City School District; to provide for an effective date, applicability, 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 786. By Representative Buckner of the 137th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved August 20, 1923 (Ga. L. 1923, p. 739), an Act approved March 28, 1990 (Ga. L. 1990, p. 4980), and an Act approved April 10, 2014 (Ga. L. 2014, p. 3692), so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 787. By Representatives Dickson of the 6th, Broadrick of the 4th and Tarvin of the 2nd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Varnell ad valorem taxes for municipal purposes in the full amount of the assessed value of the homestead for residents of that city who are 65 years of age or older or who are the unremarried spouses of deceased firefighters, police officers, or military veterans; 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.
TUESDAY, JANUARY 26, 2016
183
HB 794. By Representative Bentley of the 139th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Macon County shall also serve as the chief magistrate judge of the Magistrate Court of Macon County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current chief 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 799. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act to provide for a new charter for the City of Hoschton, Georgia, approved April 24, 2013 (Ga. L. 2013, p. 3539), so as to provide for the manner of election of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 807. By Representatives Stovall of the 74th, Scott of the 76th, 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 one or more community improvement districts within Clayton County, approved April 7, 1992 (Ga. L. 1992, p. 5698), so as to change certain provisions relating to the purpose of the Act; to change the definition of the term "electors"; to change the definition of the term "project"; to change certain provisions relating to taxes, fees, and assessments; to change certain provisions relating to boundaries of such districts; to change certain provisions relating to the powers of boards 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.
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:
184
JOURNAL OF THE HOUSE
Y Abrams Y Alexander
Allison Y Atwood
Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly
Blackmon Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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 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
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser
Kelley Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby
Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake
Petrea Y Pezold Y Pirkle
Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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
Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson E Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bills, the ayes were 154, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Tankersley of the 160th, Oliver of the 82nd, Stovall of the 74th, Smyre of the 135th et al., and Greene of the 151st et al.
Pursuant to HR 1016, the House recognized Thomasville, Georgia, as "Georgia's Rose City".
TUESDAY, JANUARY 26, 2016
185
Pursuant to HR 1069, the House recognized and commended President William D. Underwood of Mercer University.
Pursuant to HR 1060, the House commended the Schley County Wildcats baseball team on winning its first baseball state championship.
Pursuant to HR 1013, the House commended the 2015 Cartersville High School football team.
The following Resolutions of the House were read and adopted:
HR 1161. By Representatives Burns of the 159th and Hitchens of the 161st:
A RESOLUTION commending the Effingham County Chamber of Commerce on its 30th anniversary; and for other purposes.
HR 1162. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th:
A RESOLUTION honoring Lynda Brannen Williamson and the Lynda B. Williamson Women's Leadership Academy; and for other purposes.
HR 1163. By Representatives Wilkinson of the 52nd, Taylor of the 79th, Abrams of the 89th, Smyre of the 135th, Holcomb of the 81st and others:
A RESOLUTION recognizing the United Service Organizations on the occasion of its 75th anniversary; and for other purposes.
HR 1164. By Representatives Beasley-Teague of the 65th, Abrams of the 89th, Jones of the 53rd and Frazier of the 126th:
A RESOLUTION recognizing and commending Reverend Dr. Robert J. Stanley on 32 years of faithful service as pastor of Mount Zion Missionary Baptist Church; and for other purposes.
HR 1165. By Representatives Jones of the 47th, Ramsey of the 72nd, Maxwell of the 17th, Coleman of the 97th, Golick of the 40th and others:
A RESOLUTION commending Georgia State University and recognizing February 3, 2016, as Georgia State University Day at the state capitol; and for other purposes.
186
JOURNAL OF THE HOUSE
HR 1166. By Representatives Chandler of the 105th, Clark of the 101st, Gasaway of the 28th, Hawkins of the 27th, Dickson of the 6th and others:
A RESOLUTION recognizing the week of February 1-5, 2016, as National School Counseling Week; and for other purposes.
HR 1167. By Representatives Taylor of the 173rd, McCall of the 33rd, England of the 116th, Rhodes of the 120th, Powell of the 171st and others:
A RESOLUTION recognizing February 4, 2016, as Georgia Farm Bureau Federation Day at the state capitol; and for other purposes.
HR 1168. By Representatives Price of the 48th, Cooper of the 43rd, Beskin of the 54th, Clark of the 101st, Taylor of the 79th and others:
A RESOLUTION recognizing January 27, 2016, as Physician's Day at the capitol; saluting the physicians of Georgia; and for other purposes.
HR 1169. By Representatives England of the 116th, Holmes of the 129th, Burns of the 159th, Coleman of the 97th and Nix of the 69th:
A RESOLUTION recognizing and commending Mr. A. Paul Wood upon the grand occasion of his retirement; and for other purposes.
HR 1170. By Representatives Carter of the 175th, McCall of the 33rd, England of the 116th, Dickson of the 6th, Ralston of the 7th and others:
A RESOLUTION recognizing February as Career & Technical Education Month and February 17, 2016, as Georgia Career and Technical Student Organizations Day at the state capitol; and for other purposes.
HR 1171. By Representatives Watson of the 172nd, Corbett of the 174th, Ballinger of the 23rd, Sims of the 123rd, Price of the 48th and others:
A RESOLUTION recognizing January 31, 2016, as International Omphalocele Awareness Day; and for other purposes.
HR 1172. By Representatives Welch of the 110th, Strickland of the 111th, Rutledge of the 109th, Knight of the 130th, Douglas of the 78th and others:
A RESOLUTION commending Atlanta Motor Speedway for stimulating the economy and providing entertainment and enjoyment to NASCAR fans
TUESDAY, JANUARY 26, 2016
187
across the State of Georgia and recognizing February 26, 2016, as Atlanta Motor Speedway Day at the capitol; and for other purposes.
HR 1173. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Avery Hyman; and for other purposes.
HR 1174. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Jake Blaydes; and for other purposes.
HR 1175. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Adam Schmidt; and for other purposes.
HR 1176. By Representative Epps of the 144th:
A RESOLUTION recognizing and commending Pastor Gary Walker; and for other purposes.
HR 1177. By Representative Sims of the 123rd:
A RESOLUTION recognizing and commending Aldersgate United Methodist Church and Boy Scout Troop 45 in Augusta, Georgia; and for other purposes.
HR 1178. By Representatives Stephens of the 164th, Parrish of the 158th, Welch of the 110th, Williams of the 119th, Atwood of the 179th and others:
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 for other purposes.
The following communications were received:
Office of Legislative Counsel General Assembly of Georgia
January 25, 2016
188
JOURNAL OF THE HOUSE
TO:
MEMBERS OF THE GENERAL ASSEMBLY
FROM THE 4TH CONGRESSIONAL DISTRICT
RE:
CAUCUS TO ELECT 4TH 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 4th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, February 3, 2016, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the 4th 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 4th Congressional District are eligible to participate in said caucus.
Sincerely,
/s/ Wayne R. Allen Legislative Counsel
WRA:dd
Office of Legislative Counsel General Assembly of Georgia
January 25, 2016
TO:
MEMBERS OF THE GENERAL ASSEMBLY
FROM THE 11th CONGRESSIONAL DISTRICT
RE:
CAUCUS TO ELECT 11th 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 11th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, February 3, 2016, at 3:00 P.M.
TUESDAY, JANUARY 26, 2016
189
Members of the Senate from those senatorial districts embraced or partly embraced within the 11th 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 11th Congressional District are eligible to participate in said caucus.
Sincerely,
/s/ Wayne R. Allen Legislative Counsel
WRA:dd
Representative Ramsey of the 72nd 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.
190
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Wednesday, January 27, 2016
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 Atwood Ballinger Barr Battles Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Caldwell, J Caldwell, M Cantrell Carson Carter, D Casas Chandler Cheokas Clark, D Clark, H Clark, V E 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 Gilligan Glanton Gordon Gravley
Greene Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L E Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall
McClain Meadows Metze Mitchell Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Price Prince Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice Rogers, C Rogers, T E Rutledge Rynders Scott Sharper Shaw Sims
Smith, E Smith, L Smith, M Smith, R Spencer Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D E 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 Ralston, Speaker
Due to a mechanical malfunction, Representative Yates of the 73rd 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:
WEDNESDAY, JANUARY 27, 2016
191
Representatives Burns of the 159th, Carter of the 175th, Floyd of the 99th, Golick of the 40th, Jordan of the 77th, Mosby of the 83rd, Pirkle of the 155th, Pruett of the 149th, Randall of the 142nd, Setzler of the 35th, Smyre of the 135th, and Stephenson of the 90th.
They wished to be recorded as present.
Prayer was offered by Reverend Buck Burch, Interim Pastor, First Baptist Church of Ellijay.
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 838. By Representatives Blackmon of the 146th, Meadows of the 5th, Epps of the 144th, Rhodes of the 120th, Smith of the 134th 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
192
JOURNAL OF THE HOUSE
provide that carriers that sell certain health insurance plans in this state through an agent shall compensate such agent a minimum of 5 percent of the collected premiums; to provide for exceptions; to provide for definitions; 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 839. By Representatives Hatchett of the 150th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4402), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 840. By Representatives Stephens of the 164th, McCall of the 33rd, Greene of the 151st, Parrish of the 158th and Smith of the 70th:
A BILL to be entitled an Act to amend Title 12 and Title 27 of the Official Code of Georgia Annotated, relating to conservation and natural resources and game and fish, respectively, so as to change provisions relating to rules and regulations used to establish criminal violations; to authorize the grant of wildlife exhibition permits for use by the film industry; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 841. By Representatives Sharper of the 177th, Randall of the 142nd, Gardner of the 57th, McClain of the 100th, Waites of the 60th 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 require that printed information on firearm safety be given to each applicant for a weapons carry license or renewal license; to provide for definitions; to provide that certain buyers of firearms receive from the seller printed information on firearm safety; to require a website on firearm safety by the commissioner of public safety; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, JANUARY 27, 2016
193
Referred to the Committee on Public Safety & Homeland Security.
HB 842. By Representatives Taylor of the 79th and Beskin of the 54th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 and Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to regulation of fireworks and general provisions regarding local government provisions applicable to counties and municipal corporations, respectively, so as to distinguish between consumer fireworks retail sales facilities and consumer fireworks retail sales stands; to revise definitions; to provide for the sale of consumer fireworks from temporary consumer fireworks retail sales facilities; to provide for licensing for a distributor selling consumer fireworks from a temporary consumer fireworks retail sales facility; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 843. By Representatives Gardner of the 57th, Jones of the 62nd, Oliver of the 82nd, Abrams of the 89th, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to Brady Law Regulations, so as to provide for a background check for guns purchased at gun shows; to provide for definitions; to provide that only dealers may legally sell, transfer, or exchange a firearm at a gun show; to provide 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 844. By Representatives Maxwell of the 17th, Jasperse of the 11th, Buckner of the 137th, Greene of the 151st, Rakestraw of the 19th and others:
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 update certain provisions related to determining which insurance premiums are subject to taxation related to the fund; to provide that venue for any action brought in the superior court against the fund or the board shall be in the superior court of the board's county of domicile; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
194
JOURNAL OF THE HOUSE
HB 845. By Representatives Setzler of the 35th, Reeves of the 34th and Golick of the 40th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse, so as to provide for immunity from criminal liability for possession of certain materials or images under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 846. By Representatives Watson of the 172nd, Welch of the 110th, Strickland of the 111th, Rutledge of the 109th and Knight of the 130th:
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 revise requirements for notification of crime victims of impending release of an offender from imprisonment; to revise requirements for notification of projected release dates of inmates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 847. By Representatives Clark of the 98th, Willard of the 51st, Golick of the 40th, Thomas of the 39th, Cooper of the 43rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 9 of Title 16 and Article 1 of Chapter 4 of Title 49 of the O.C.G.A., relating to fraud and related offenses and general provisions relative to public assistance, respectively, so as to redesignate Code Section 49-4-15, relating to fraud in obtaining public assistance, food stamps, or Medicaid, penalties, and recovery of overpayments, as new Code Section 16-9-63; to revise terminology in said Code Section 16-9-63; to reserve the Code Section 49-415 designation; to revise Article 7 of Chapter 8 of Title 34 and Chapter 7A of Title 48 of the O.C.G.A., relating to benefits relative to employment security and tax credits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 848. By Representatives Clark of the 98th, Dudgeon of the 25th, Kelley of the 16th, Belton of the 112th, Fleming of the 121st and others:
WEDNESDAY, JANUARY 27, 2016
195
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 the Blue Star Family Scholarship Program for children of military service members; 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 849. By Representatives Golick of the 40th, Smyre of the 135th, Willard of the 51st, Jones of the 47th, Abrams of the 89th 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 protect the right to equal enjoyment of and privileges to public accommodations; to provide for purposes; to provide for definitions; to provide for enforcement; to provide for penalties; to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fair employment practices, so as to expand the functions of the administrator of the Commission on Equal Opportunity; 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.
HB 850. By Representatives Mayo of the 84th, Mitchell of the 88th, Kaiser of the 59th, Carter of the 92nd, Smith of the 125th 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 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 851. By Representative Atwood of the 179th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to require
196
JOURNAL OF THE HOUSE
an annual audit of the financial affairs, books, and records of boards of trustees of the county law library; to provide for publication of such audit; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HB 852. By Representatives Buckner of the 137th, Hawkins of the 27th, Abrams of the 89th, Gardner of the 57th, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide that active duty service members with family members with special needs may use their state of legal residence to register their family members with special needs for a Medicaid waiver to include military families transitioning out of military service; 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 853. By Representatives Hawkins of the 27th, Cooper of the 43rd, Beverly of the 143rd, Weldon of the 3rd, Randall of the 142nd and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the "Coverdell-Murphy Act," so as to update the current system of levels of certified stroke centers to reflect advances in stroke treatment and therapy; to authorize the Department of Public Health to establish additional levels; to provide for national certification; to provide for rules and regulations to implement the provisions of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 963. By Representatives Gardner of the 57th, Oliver of the 82nd, Kendrick of the 93rd and Mayo of the 84th:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide procedures and standards for legislative and congressional reapportionment; 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 Legislative & Congressional Reapportionment.
WEDNESDAY, JANUARY 27, 2016
197
HR 1160. By Representatives Gardner of the 57th, Oliver of the 82nd, Kendrick of the 93rd and Mayo of the 84th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that legislative, congressional, and Public Service Commission reapportionment be done by an independent, nonpartisan commission instead of the General Assembly; to provide for the establishment of such commission; to provide for the qualifications and appointment of members of such commission; to provide for the filling of vacancies on the commission; to provide for powers, duties, and responsibilities of and resources for such commission; to provide for guidelines for reapportionment; 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 Legislative & Congressional Reapportionment.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 716 HB 829 HB 831 HB 833 HB 835 HB 837 HR 1159
HB 828 HB 830 HB 832 HB 834 HB 836 HR 1136
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 750 Do Pass, by Substitute
Respectfully submitted, /s/ England of the 116th
Chairman
198
JOURNAL OF THE HOUSE
Representative Knight of the 130th 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 483 Do Pass
Respectfully submitted, /s/ Knight of the 130th
Chairman
Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 509 Do Pass, by Substitute HB 649 Do Pass, by Substitute
HB 588 Do Pass, by Substitute HB 780 Do Pass
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 801 Do Pass, by Substitute
WEDNESDAY, JANUARY 27, 2016
199
Respectfully submitted, /s/ Rogers of the 29th
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 593 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 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 members were recognized during the period of Morning Orders and addressed the House:
Representatives Houston of the 170th, Powell of the 32nd, Price of the 48th, Smith of the 125th, Bentley of the 139th et al., and Waites of the 60th.
Pursuant to HR 1061, the House recognized January 27th, 2016, as Civil Air Patrol Day at the state capitol and commended the volunteers of the Civil Air Patrol for their service to the citizens of Georgia.
200
JOURNAL OF THE HOUSE
The following Resolutions of the House were read and adopted:
HR 1180. By Representatives Dudgeon of the 25th and Coleman of the 97th:
A RESOLUTION recognizing February 8, 2016, as Math Day at the Capitol; and for other purposes.
HR 1181. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Daniel Bird; and for other purposes.
HR 1182. By Representatives Mayo of the 84th, Trammell of the 132nd, Carter of the 92nd and Smith of the 125th:
A RESOLUTION recognizing February 16, 2016, as Literacy Day at the state capitol; and for other purposes.
HR 1183. By Representative Kendrick of the 93rd:
A RESOLUTION commending the Upsilon Alpha Omega Chapter of Alpha Kappa Alpha Sorority, Incorporated, and recognizing January 29, 2016, as Upsilon Alpha Omega Day at the state capitol; and for other purposes.
HR 1184. By Representatives Kendrick of the 93rd and Jones of the 62nd:
A RESOLUTION recognizing the Georgia Association of Black Women Attorneys' (GABWA) 35th Anniversary and January 28, 2016, as the annual Georgia Association of Black Women Attorneys Day at the capitol; and for other purposes.
HR 1185. By Representatives Beasley-Teague of the 65th and Scott of the 76th:
A RESOLUTION commending Bishop Aaron B. Lackey, Sr., and recognizing October 6, 2016, as Aaron B. Lackey, Sr. Day; and for other purposes.
HR 1186. By Representatives Williams of the 119th, Williams of the 168th and Williams of the 87th:
A RESOLUTION recognizing Mr. J. David Williams; and for other purposes.
WEDNESDAY, JANUARY 27, 2016
201
HR 1187. By Representatives Beasley-Teague of the 65th, Scott of the 76th, Chandler of the 105th, Yates of the 73rd, Parrish of the 158th and others:
A RESOLUTION recognizing July 14, 2016, as Older Citizens Day; and for other purposes.
HR 1188. By Representatives Carter of the 175th, Abrams of the 89th, Harden of the 148th, England of the 116th and Taylor of the 173rd:
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 recognizing the important work that the YMCA does in communities across Georgia; and for other purposes.
HR 1189. By Representative Powell of the 32nd:
A RESOLUTION honoring the life and memory of Mr. Bobby Wayne "Bob" Lewis, Sr.; and for other purposes.
HR 1190. By Representatives Reeves of the 34th, Brockway of the 102nd, Cantrell of the 22nd, Mabra of the 63rd, Bennett of the 80th and others:
A RESOLUTION commending the student leaders of the Georgia Institute of Technology and recognizing February 1, 2016, as Georgia Tech Student Day at the capitol; and for other purposes.
HR 1191. By Representatives Blackmon of the 146th, Harden of the 148th, Dickey of the 140th, Clark of the 147th, Epps of the 144th and others:
A RESOLUTION recognizing and commending Lieutenant General Lee K. Levy II; and for other purposes.
HR 1192. By Representative Ramsey of the 72nd:
A RESOLUTION recognizing and commending Arisha Ali upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 1193. By Representative Ramsey of the 72nd:
A RESOLUTION recognizing and commending Madeline Hervey upon being honored with the Girl Scout Gold Award; and for other purposes.
202
JOURNAL OF THE HOUSE
HR 1194. By Representatives Wilkinson of the 52nd, Reeves of the 34th, Holcomb of the 81st, Brockway of the 102nd, Lumsden of the 12th and others:
A RESOLUTION commending Ms. Paris Rouzati; and for other purposes.
HR 1195. By Representatives Gilligan of the 24th, Dudgeon of the 25th, Duncan of the 26th, Cantrell of the 22nd, Tanner of the 9th and others:
A RESOLUTION honoring the life and memory of Mrs. Reva Mae Brown Jennings; and for other purposes.
HR 1196. By Representatives Hugley of the 136th, Abrams of the 89th, Bentley of the 139th, Howard of the 124th, Alexander of the 66th and others:
A RESOLUTION commending The Links, Incorporated, and recognizing February 24, 2016, as Links Day at the state capitol; and for other purposes.
HR 1197. By Representatives Coleman of the 97th, Chandler of the 105th, Rice of the 95th, Clark of the 101st, Marin of the 96th and others:
A RESOLUTION congratulating the Duluth High School men's varsity soccer team for their victorious performance in the 2015 State Championship; and for other purposes.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 968 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 President of the Senate, Lieutenant Governor Casey Cagle.
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.
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.
WEDNESDAY, JANUARY 27, 2016
203
The Speaker called the House to order.
Representative Burns of the 159th 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.
204
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Thursday, January 28, 2016
Twelfth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
E Abrams Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bryant Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Chandler Cheokas Clark, D Clark, H Clark, V
E Coleman Cooke
Coomer Cooper Corbett Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Greene Harden Harrell
Hatchett Hawkins Henson Hightower Hitchens Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall Meadows Mitchell Morris
Nimmer Nix Oliver Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey E Randall Reeves Rhodes Rice Rogers, C Rogers, T E Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R 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 Wilkinson Willard Williams, A 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:
THURSDAY, JANUARY 28, 2016
205
Representatives Bruce of the 61st, Buckner of the 137th, Casas of the 107th, Dawkins-Haigler of the 91st, Fludd of the 64th, Golick of the 40th, Holcomb of the 81st, Jordan of the 77th, Knight of the 130th, Metze of the 55th, Mosby of the 83rd, Pak of the 108th, Smyre of the 135th, Stephenson of the 90th, and Stovall of the 74th.
They wished to be recorded as present.
Prayer was offered by Reverend Robbye Jarrell, Lenbrook, 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.
The following communication was received:
House of Representatives State Capitol, Room 226 Atlanta, Georgia 30334
Mr. William Reilly, Clerk House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk,
I would like to be counted present Monday, January 25, 2016 due to missing the roll call.
Thank you
/s/ Greg Morris
GM/gm
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
206
JOURNAL OF THE HOUSE
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 854. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Code Section 32-4-3 of the Official Code of Georgia Annotated, relating to naming state roads, bridges, or interchanges, so as to provide that the name of any street or road under the jurisdiction of a political subdivision that, on January 1, 1968, was named for a veteran and whose name has been changed since such date shall on January 1, 2017, revert back to the name which such street or road was named on January 1, 1968, and shall not be subject to any further change; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 855. By Representatives Benton of the 31st, Allison of the 8th, Petrea of the 166th, Cheokas of the 138th and Wilkinson of the 52nd:
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 include Robert E. Lee's birthday and Confederate Memorial Day as public and legal holidays in the State of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 856. By Representatives Fleming of the 121st, Weldon of the 3rd, Beskin of the 54th, Oliver of the 82nd, Powell of the 32nd and others:
THURSDAY, JANUARY 28, 2016
207
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for probate courts, so as to change provisions relating to the bond required for probate court judges; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 857. By Representatives Fleming of the 121st and Jackson of the 128th:
A BILL to be entitled an Act to provide a homestead exemption from McDuffie County school district ad valorem taxes for educational purposes in the amount of half the assessed value of the homestead for residents of that school district who are 70 years of age or older and in the full amount of the assessed value of the homestead for residents of that school district who are 75 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 858. By Representatives Kaiser of the 59th, Cantrell of the 22nd, Drenner of the 85th, Henson of the 86th, Cooper of the 43rd 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 limit liability for property damage caused by the rescue or attempted rescue of dogs locked in motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 859. By Representatives Jasperse of the 11th, Ballinger of the 23rd, Meadows of the 5th, Powell of the 32nd, Hightower of the 68th and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying and possession of certain weapons by weapons carry license holders in or on certain buildings or real property owned by or leased to public institutions of postsecondary education; to provide for related matters; to repeal conflicting laws; and for other purposes.
208
JOURNAL OF THE HOUSE
Referred to the Committee on Public Safety & Homeland Security.
HB 860. By Representatives Bentley of the 139th, Deffenbaugh of the 1st, Kendrick of the 93rd and Buckner of the 137th:
A BILL to be entitled an Act to amend Code Section 45-16-1 of the Official Code of Georgia Annotated, relating to election, commission, removal, qualifications, and affidavit of qualification of coroners, so as to provide that persons who have been pardoned for previous convictions are qualified to serve as coroners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 861. By Representatives Casas of the 107th, Barr of the 103rd, Clark of the 98th, Caldwell of the 20th, Cantrell of the 22nd 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 tax, so as to provide for an income tax credit with respect to education expenses relating to educating children in home study programs; 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 related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 862. By Representatives Knight of the 130th, Powell of the 171st, Harrell of the 106th, Hitchens of the 161st and Houston of the 170th:
A BILL to be entitled an Act to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to the homestead exemption for disabled veterans, so as to clarify the definition of disabled veteran; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 863. By Representative Strickland of the 111th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as
THURSDAY, JANUARY 28, 2016
209
amended, so as to revise the manner of filling vacancies on the governing authority; 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 864. By Representatives Casas of the 107th, Battles of the 15th, Cantrell of the 22nd, Nix of the 69th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Code Section 20-2-161.3 of the Official Code of Georgia Annotated, relating to the "Move on When Ready Act" and dual credit courses, so as to revise the definition of "eligible postsecondary institution"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HR 1179. By Representatives Benton of the 31st, Petrea of the 166th, Allison of the 8th, Cheokas of the 138th, Wilkinson of the 52nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to require the State of Georgia to preserve the natural areas at Stone Mountain; to provide access to Stone Mountain; to maintain an appropriate and suitable memorial to the Confederacy at Stone Mountain; to protect and preserve the carving on Stone Mountain; 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 State Properties.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 838 HB 840 HB 842 HB 844 HB 846 HB 848 HB 850 HB 852 HR 963
HB 839 HB 841 HB 843 HB 845 HB 847 HB 849 HB 851 HB 853 HR 1160
210
JOURNAL OF THE HOUSE
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 has instructed me to report the same back to the House with the following recommendations:
HB 538 HB 697 HB 815
Do Pass, by Substitute Do Pass, by Substitute Do Pass
HB 579 Do Pass, by Substitute HB 800 Do Pass
Respectfully submitted, /s/ McCall of the 33rd
Chairman
Representative Greene of the 151st 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 737 Do Pass
Respectfully submitted, /s/ Greene of the 151st
Chairman
Representative Shaw of the 176th 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 402 Do Pass, by Substitute
THURSDAY, JANUARY 28, 2016
211
Respectfully submitted, /s/ Shaw of the 176th
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 421 HB 508 HB 690
Do Pass, by Substitute Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Battles of the 15th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, JANUARY 28, 2016
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
Modified Open Rule
HB 750
Supplemental appropriations; State Fiscal Year July 1, 2015 - June 30, 2016 (Substitute)(App-Ralston-7th)
Structured Rule
HB 742
Revenue and taxation; Internal Revenue Code; define terms; incorporate certain provisions of federal law into Georgia law (W&M-Knight-130th)
212
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 bill of the Senate:
SB 137. By Senators Harbin of the 16th, Thompson of the 14th, McKoon of the 29th, Ligon, Jr. of the 3rd, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to expand the ownership restriction as it relates to the application of the value of the property covered against loss by fire; 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 137. By Senators Harbin of the 16th, Thompson of the 14th, McKoon of the 29th, Ligon, Jr. of the 3rd, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to expand the ownership restriction as it relates to the application of the value of the property covered against loss by fire; 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 Stephens of the 164th, Jasperse of the 11th et al., and Gordon of the 163rd et al.
THURSDAY, JANUARY 28, 2016
213
Pursuant to HR 1178, 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.
Pursuant to HR 1056, the House honored the life and memory of Patrick Price, the Strategic Planning, Initiatives, and Innovations Coordinator for the State Board of Pardons and Paroles.
Pursuant to HR 1137, the House recognized and commended Georgia State Trooper First Class Nathan Bradley, Georgia State Patrol Corporal Richard Thacker, and Morgan County Sheriff Robert Markley.
Pursuant to HR 981, the House commended the University of North Georgia softball team.
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 742. By Representatives Knight of the 130th, Powell of the 171st, Harrell of the 106th, Carson of the 46th, Mosby of the 83rd and others:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise the definition of the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to change certain dates for partnerships and corporations other than Georgia Subchapter "S" corporations; to clarify certain provisions relating to statements of wages paid; to change certain dates and clarify provisions relating to annual and final compensation returns; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
E Abrams Y Alexander Y Allison 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 Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish
Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson
214
JOURNAL OF THE HOUSE
Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser
Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T E Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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 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.
Representative Knight of the 130th asked unanimous consent that HB 742 be immediately transmitted to the Senate.
It was so ordered.
HB 750. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th and England of the 116th:
A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 12, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at page 1 of 251), 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
THURSDAY, JANUARY 28, 2016
215
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 amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 12, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at page 1 of 251), 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, 2015, and ending June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 12, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at Page 1 of 251), 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, 2015, and ending June 30, 2016, as prescribed hereinafter for such fiscal year:
Total Funds
$46,322,000,055
Federal Funds and Grants
$13,305,805,771
CCDF Mandatory and Matching Funds (CFDA 93.596)
$97,827,249
Child Care and Development Block Grant (CFDA 93.575)
$127,917,722
Community Mental Health Services Block Grant (CFDA 93.958)
$14,163,709
Community Service Block Grant (CFDA 93.569)
$16,735,414
Federal Highway Administration Highway Planning and Construction (CFDA $1,526,296,548
20.205)
Foster Care Title IV-E (CFDA 93.658)
$91,664,590
Low-Income Home Energy Assistance (CFDA 93.568)
$56,629,642
216
JOURNAL OF THE HOUSE
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 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
$16,884,236 $6,789,415,903
$47,733,582 $2,403,579
$93,257,165 $258,161,259
$7,649,069 $361,442,106 $3,797,623,998 $88,453,853 $88,453,853 $6,140,398,143 $3,423,725,670 $139,386,524 $388,366,537
$606,000 $2,188,313,412 $22,990,473,796
$1,458,567 $272,255,461 $1,008,098,562 $1,605,915,300 $167,969,114 $19,796,146,041 $138,630,751 $3,796,868,492 $3,234,514,653 $280,857,262 $63,026,744 $56,712,435 $161,757,398
Section 1: Georgia Senate Total Funds State Funds State General Funds
1.1. Lieutenant Governor's Office Total Funds State Funds State General Funds
$10,770,129 $10,770,129 $10,770,129
$1,278,792 $1,278,792 $1,278,792
THURSDAY, JANUARY 28, 2016
217
1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds
$1,170,326 $1,170,326 $1,170,326
1.3. Senate Total Funds State Funds State General Funds
$7,228,476 $7,228,476 $7,228,476
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
$1,092,535
State Funds
$1,092,535
State General Funds
$1,092,535
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
$18,967,403 $18,967,403 $18,967,403
$18,967,403 $18,967,403 $18,967,403
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
$5,777,046
State Funds
$5,777,046
State General Funds
$5,777,046
$10,551,249 $10,551,249 $10,551,249
218
JOURNAL OF THE HOUSE
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
$1,316,872
State Funds
$1,316,872
State General Funds
$1,316,872
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,307,716
$1,307,716
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$9,156
$9,156
Amount appropriated in this Act
$1,316,872
$1,316,872
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
$3,457,331
State Funds
$3,457,331
State General Funds
$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
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
$35,636,736 $34,996,736 $34,996,736
$640,000 $640,000
THURSDAY, JANUARY 28, 2016
219
government. Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
$30,560,865 $29,920,865 $29,920,865
$640,000 $640,000
4.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all Department programs.
Total Funds
$2,383,449
State Funds
$2,383,449
State General Funds
$2,383,449
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,380,309
$2,380,309
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$3,140
$3,140
Amount appropriated in this Act
$2,383,449
$2,383,449
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
$252,560
State Funds
$252,560
State General Funds
$252,560
4.5. Statewide Equalized Adjusted Property Tax Digest Purpose: The purpose of this appropriation is to establish an equalized
220
JOURNAL OF THE HOUSE
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
Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$18,271,874 $150,000 $150,000
$18,121,874 $18,121,874
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
$18,271,874
Other Funds
$150,000
Other Funds - Not Specifically Identified
$150,000
State Funds
$18,121,874
State General Funds
$18,121,874
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$17,314,958
$17,464,958
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$917
$917
Increase funds for personal services and operating expenses for three new judgeships.
$717,883
$717,883
Increase funds for one additional procurement and facilities position. (H:No)
$0
$0
Increase funds to restore two central staff attorney positions. (H:No)
$0
$0
Increase funds to complete conversion of microfilm to searchable PDF format for court records.
$60,000
$60,000
THURSDAY, JANUARY 28, 2016
221
Increase funds to restore one systems analyst position. (H:No)
Increase funds to share costs for one deputy reporter position and one clerk position with the Supreme Court. (H:Increase funds to share costs for one editorial assistant position with the Supreme Court. )
Increase funds to restore one deputy court administrator/attorney position. (H:No)
Increase funds to share costs for one assistant reporter of decisions position with the Supreme Court.
Amount appropriated in this Act
$0 $8,579
$0 $19,537 $18,121,874
$0 $8,579
$0 $19,537 $18,271,874
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
$18,112,057 $2,552,935 $2,552,935 $1,144,998
$876,093 $268,905 $14,414,124 $14,414,124
6.1. Council of Accountability Court Judges
Purpose: The purpose of this appropriation is to support adult felony drug
courts, DUI courts, juvenile drug courts, family dependency treatment courts,
mental health courts, and veteran's courts, as well as the Council of
Accountability Court Judges. 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
$446,319
State Funds
$446,319
State General Funds
$446,319
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 76) as amended
$446,319
$446,319
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Reflect a change in the program name. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$446,319
$446,319
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
222
JOURNAL OF THE HOUSE
establishment of new ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness.
Total Funds
$172,890
Other Funds
$172,890
Agency Funds
$172,890
6.3. Institute of Continuing Judicial Education
Purpose: The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other court personnel.
Total Funds
$1,174,992
Other Funds
$703,203
Agency Funds
$703,203
State Funds
$471,789
State General Funds
$471,789
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$471,789
$1,174,992
Increase funds for one electronic media curriculum
$0
$0
designer position to expand delivery of computer-based,
online training for judges. (H:No)
Amount appropriated in this Act
$471,789
$1,174,992
6.4. Judicial Council
Purpose: The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, the State Court Judges, and the Georgia Council of Court Administrators; to operate the Child Support E-Filing system, the Child Support Guidelines Commission, and the Commission on Interpreters; and to support the Committee on Justice for Children.
Total Funds
$14,987,433
Federal Funds and Grants
$2,552,935
Federal Funds Not Specifically Identified
$2,552,935
Other Funds
$268,905
Other Funds - Not Specifically Identified
$268,905
State Funds
$12,165,593
State General Funds
$12,165,593
THURSDAY, JANUARY 28, 2016
223
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$12,178,882
$15,000,722
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$1,049
$1,049
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Increase funds to reflect an adjustment in the employer
$54,617
$54,617
share of the Judicial Retirement System for the Council
of State Court Judges.
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System for the Council of State Court Judges.
$44,687
$44,687
Reduce personal services to meet projected expenditures. ($113,642)
($113,642)
Amount appropriated in this Act
$12,165,593
$14,987,433
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
$530,423
State Funds
$530,423
State General Funds
$530,423
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 State Funds State General Funds
$7,606,988 $7,606,988 $7,606,988
224
JOURNAL OF THE HOUSE
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
$1,553,655
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 76) as amended
$1,553,655
$2,001,111
Eliminate federal funds based on projected revenues.
$0
($447,456)
Amount appropriated in this Act
$1,553,655
$1,553,655
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
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.
$73,472,966 $71,451,326 $71,451,326 $2,021,640 $2,021,640
THURSDAY, JANUARY 28, 2016
225
Total Funds
$66,541,351
State Funds
$64,519,711
State General Funds
$64,519,711
Intra-State Government Transfers
$2,021,640
Other Intra-State Government Payments
$2,021,640
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$64,578,481
$66,625,963
Increase funds to reflect a FY 2016 increase in the employer's share for district attorneys in the Judicial Retirement System from 6.98% to 12.19%.
$266,719
$266,719
Increase funds to provide an accountability court supplement for district attorneys for six newly established accountability courts in the following circuits per HB 279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.
$27,914
$27,914
Reduce other funds to reflect an adjustment in the contract with the Department of Human Services.
$0
($25,842)
Reduce funds to reflect ADA start dates.
($353,403)
($353,403)
Amount appropriated in this Act
$64,519,711
$66,541,351
8.3. Prosecuting Attorney's Council
Purpose: The purpose of this appropriation is to assist Georgia's District
Attorneys and State Court Solicitors.
Total Funds
$6,746,035
State Funds
$6,746,035
State General Funds
$6,746,035
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,531,433
$6,531,433
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$8,389
$8,389
Increase funds to reflect a FY 2016 increase in the employer's share for solicitors in the Judicial Retirement System from 6.98% to 12.19%.
$206,213
$206,213
Amount appropriated in this Act
$6,746,035
$6,746,035
Section 9: Superior Courts Total Funds Other Funds Other Funds - Not Specifically Identified
$69,299,782 $147,000 $147,000
226
JOURNAL OF THE HOUSE
State Funds State General Funds
$69,152,782 $69,152,782
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
$1,457,409
Other Funds
$60,000
Other Funds - Not Specifically Identified
$60,000
State Funds
$1,397,409
State General Funds
$1,397,409
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
$2,651,185
Other Funds
$87,000
Other Funds - Not Specifically Identified
$87,000
State Funds
$2,564,185
State General Funds
$2,564,185
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 76) as amended
$2,550,051
$2,637,051
Increase funds to adjust for rising costs and to support new judgeships and accountability courts.
$14,134
$14,134
Amount appropriated in this Act
$2,564,185
$2,651,185
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
$65,191,188
State Funds
$65,191,188
State General Funds
$65,191,188
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
THURSDAY, JANUARY 28, 2016
227
Amount from previous Appropriations Act (HB 76) as amended
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Increase funds to provide a supplement to Superior Court judges in seven circuits with newly established accountability courts. (H:Increase funds to provide an accountability court supplement for district attorneys for six newly established accountability courts in the following circuits per HB 279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.)
Reduce funds for one-time equipment costs associated with new judgeships in Coweta and Waycross circuits.
Amount appropriated in this Act
State Funds $65,136,540
$5,698
$79,200
($30,250) $65,191,188
Total Funds $65,136,540
$5,698
$79,200
($30,250) $65,191,188
Section 10: Supreme Court Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$12,219,619 $1,859,823 $1,859,823 $10,359,796 $10,359,796
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
$12,219,619
Other Funds
$1,859,823
Other Funds - Not Specifically Identified
$1,859,823
State Funds
$10,359,796
State General Funds
$10,359,796
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 76) as amended
$10,312,655
$12,172,478
228
JOURNAL OF THE HOUSE
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Increase funds for annual maintenance costs for trial court records in the case management system.
Increase funds for personal services for one systems analyst position. (H:No)
Increase funds for per diem rate and commute mileage for justices. (H:No)
Increase funds to share costs for one assistant reporter of decisions position with the Court of Appeals.
Increase funds to share costs for one editorial assistant position with the Court of Appeals.
Increase funds for additional real estate rent, IT equipment, supplies, and publication costs.
Reduce funds to reflect case management position start date.
Amount appropriated in this Act
$725
$20,000 $0 $0
$19,537 $8,579
$12,762 ($14,462) $10,359,796
$725
$20,000 $0 $0
$19,537 $8,579
$12,762 ($14,462) $12,219,619
Section 11: Accounting Office, State Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
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
$25,669,341
Other Funds
$584,923
Other Funds - Not Specifically Identified
$584,923
State Funds
$4,379,290
State General Funds
$4,379,290
Intra-State Government Transfers
$20,705,128
Other Intra-State Government Payments
$20,705,128
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
$28,993,937 $584,923 $584,923
$7,703,886 $7,703,886 $20,705,128 $20,705,128
THURSDAY, JANUARY 28, 2016
229
Amount from previous Appropriations Act (HB 76) as amended
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Increase funds to recognize additional revenue from TeamWorks billings to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Amount appropriated in this Act
State Funds $4,378,948
$342
$0
$4,379,290
Total Funds $24,828,999
$342
$840,000
$25,669,341
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
$2,637,624
State Funds
$2,637,624
State General Funds
$2,637,624
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
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
$204,517,176 $26,748,586 $18,211,925 $8,536,661 $5,170,953 $5,170,953
$172,597,637
230
JOURNAL OF THE HOUSE
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.
$10,840,239 $161,757,398
12.1. 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
12.3. 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
12.4. 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
$1,126,977
Other Funds
$1,126,977
Other Funds - Not Specifically Identified
$1,126,977
12.5. Human Resources Administration
Purpose: The purpose of this appropriation is to provide centralized services for statewide human resources in support of state agencies, the State Personnel Board, and employees; develop human resource policies, create job descriptions and classification, develop fair and consistent compensation practices, and administer the employee benefits program.
Total Funds
$10,840,239
Intra-State Government Transfers
$10,840,239
Other Intra-State Government Payments
$10,840,239
12.6. Risk Management Purpose: The purpose of this appropriation is to administer a liability
THURSDAY, JANUARY 28, 2016
231
insurance program to protect state government and employees from workrelated 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
$162,187,398
State Funds
$430,000
State General Funds
$430,000
Intra-State Government Transfers
$161,757,398
Self Insurance Trust Fund Payments
$161,757,398
12.7. 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
$12,196,233
Other Funds
$12,196,233
Agency Funds
$12,196,233
12.8. 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
$1,643,951
Other Funds
$1,643,951
Other Funds - Not Specifically Identified
$1,643,951
The following appropriations are for agencies attached for administrative purposes.
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.
Total Funds
$4,308,055
Other Funds
$1,300,805
232
JOURNAL OF THE HOUSE
Agency Funds State Funds
State General Funds
$1,300,805 $3,007,250 $3,007,250
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
$4,714,887
Other Funds
$4,714,887
Agency Funds
$4,714,887
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
$694,197
State Funds
$694,197
State General Funds
$694,197
12.12. Payments to Georgia Technology Authority
Purpose: The purpose of this appropriation is to set the direction for the state's
use of technology and promote efficient, secure, and cost-effective delivery of
information technology services.
Total Funds
$1,000,000
State Funds
$1,000,000
State General Funds
$1,000,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Provide funds to improve governance, risk, and compliance.
$1,000,000
$1,000,000
Amount appropriated in this Act
$1,000,000
$1,000,000
Section 13: Agriculture, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified
$55,365,235 $7,196,157 $7,196,157
THURSDAY, JANUARY 28, 2016
233
Other Funds Other Funds - Not Specifically Identified
State Funds State General Funds
$1,826,353 $1,826,353 $46,342,725 $46,342,725
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
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
$33,397,164
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
$26,335,152
State General Funds
$26,335,152
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$26,330,934
$33,392,946
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$4,218
$4,218
234
JOURNAL OF THE HOUSE
Amount appropriated in this Act
$26,335,152
$33,397,164
13.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$4,618,404
State Funds
$4,618,404
State General Funds
$4,618,404
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,617,804
$4,617,804
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$600
$600
Amount appropriated in this Act
$4,618,404
$4,618,404
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
$6,305,288
Other Funds
$411,171
Other Funds - Not Specifically Identified
$411,171
State Funds
$5,894,117
State General Funds
$5,894,117
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 76) as amended
$5,893,145
$6,304,316
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$972
$972
Amount appropriated in this Act
$5,894,117
$6,305,288
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
$2,854,399
THURSDAY, JANUARY 28, 2016
235
State Funds
$2,854,399
State General Funds
$2,854,399
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 76) as amended
$2,830,399
$2,830,399
Provide one-time funds for building repairs.
$24,000
$24,000
Amount appropriated in this Act
$2,854,399
$2,854,399
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
$973,518
State Funds
$973,518
State General Funds
$973,518
13.7. State Soil and Water Conservation Commission
Purpose: The purpose of this appropriation is to protect, conserve, and
improve the soil and water resources of the State of Georgia.
Total Funds
$4,219,906
Federal Funds and Grants
$359,145
Federal Funds Not Specifically Identified
$359,145
Other Funds
$1,190,182
Other Funds - Not Specifically Identified
$1,190,182
State Funds
$2,670,579
State General Funds
$2,670,579
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,670,085
$4,219,412
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$494
$494
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$2,670,579
$4,219,906
Section 14: Banking and Finance, Department of Total Funds
$11,906,800
236
JOURNAL OF THE HOUSE
State Funds State General Funds
$11,906,800 $11,906,800
14.1. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all department programs.
Total Funds
$2,323,722
State Funds
$2,323,722
State General Funds
$2,323,722
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,322,612
$2,322,612
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$1,110
$1,110
Amount appropriated in this Act
$2,323,722
$2,323,722
14.2. 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
14.3. 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, registration, and notification procedures for non-depository
financial institutions.
Total Funds
$2,021,188
State Funds
$2,021,188
State General Funds
$2,021,188
THURSDAY, JANUARY 28, 2016
237
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
$1,163,926,300 $144,666,334 $14,163,709 $25,361,291 $47,482,075 $40,481,142 $12,096,720 $5,081,397 $30,776,453 $23,202,036 $7,574,417 $988,483,513 $978,228,375 $10,255,138
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
$89,896,908
Federal Funds and Grants
$44,254,231
Medical Assistance Program (CFDA 93.778)
$50,000
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
(CFDA 93.558)
$12,096,720
Other Funds
$434,903
Agency Funds
$434,903
State Funds
$45,207,774
State General Funds
$45,207,774
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
$342,160,713
Federal Funds and Grants
$42,980,753
Medical Assistance Program (CFDA 93.778)
$12,336,582
238
JOURNAL OF THE HOUSE
Social Services Block Grant (CFDA 93.667) Other Funds
Agency Funds State Funds
State General Funds Tobacco Settlement Funds
$30,644,171 $12,960,000 $12,960,000 $286,219,960 $275,964,822 $10,255,138
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
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
$364,666,576
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
$1,090,095
Other Funds - Not Specifically Identified
$1,090,095
State Funds
$351,717,528
State General Funds
$351,717,528
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
$11,209,548
Federal Funds and Grants
$7,928,149
Medical Assistance Program (CFDA 93.778)
$50,000
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$7,878,149
State Funds
$3,281,399
THURSDAY, JANUARY 28, 2016
239
State General Funds
$3,281,399
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
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
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
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
$49,270,298
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
240
JOURNAL OF THE HOUSE
Other Funds
$22,133
Agency Funds
$22,133
State Funds
$37,532,581
State General Funds
$37,532,581
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$37,465,230
$49,202,947
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$67,351
$67,351
Amount appropriated in this Act
$37,532,581
$49,270,298
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
$13,573,041
Agency Funds
$9,700,000
Other Funds - Not Specifically Identified
$3,873,041
State Funds
$108,858,524
State General Funds
$108,858,524
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
$10,231,003
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 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
$2,263,195
Federal Funds and Grants
$2,019,042
THURSDAY, JANUARY 28, 2016
241
Federal Funds Not Specifically Identified State Funds
State General Funds
$2,019,042 $244,153 $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
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
$298,994,516 $192,544,116 $192,544,116
$16,159,152 $149,849
$16,009,303 $90,291,248 $90,291,248
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
$470,986
Other Funds
$224,020
Other Funds - Not Specifically Identified
$224,020
State Funds
$246,966
State General Funds
$246,966
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
242
JOURNAL OF THE HOUSE
planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau.
Total Funds
$4,076,397
Federal Funds and Grants
$242,503
Federal Funds Not Specifically Identified
$242,503
Other Funds
$60,190
Other Funds - Not Specifically Identified
$60,190
State Funds
$3,773,704
State General Funds
$3,773,704
16.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$7,790,508
Federal Funds and Grants
$3,348,158
Federal Funds Not Specifically Identified
$3,348,158
Other Funds
$3,313,069
Other Funds - Not Specifically Identified
$3,313,069
State Funds
$1,129,281
State General Funds
$1,129,281
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,128,518
$7,789,745
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$763
$763
Amount appropriated in this Act
$1,129,281
$7,790,508
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
$53,482,703
Federal Funds and Grants
$51,572,530
Federal Funds Not Specifically Identified
$51,572,530
Other Funds
$305,415
Other Funds - Not Specifically Identified
$305,415
State Funds
$1,604,758
State General Funds
$1,604,758
THURSDAY, JANUARY 28, 2016
243
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
$14,343,460
Federal Funds and Grants
$8,768,721
Federal Funds Not Specifically Identified
$8,768,721
Other Funds
$5,574,739
Other Funds - Not Specifically Identified
$5,574,739
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
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, administering low-interest loans for affordable rental housing, researching affordable housing issues, and 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
$130,986,993
Federal Funds and Grants
$126,017,466
Federal Funds Not Specifically Identified
$126,017,466
Other Funds
$4,969,527
Other Funds - Not Specifically Identified
$4,969,527
244
JOURNAL OF THE HOUSE
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
$438,988
Other Funds
$42,213
Other Funds - Not Specifically Identified
$42,213
State Funds
$396,775
State General Funds
$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
$6,300,002
Federal Funds and Grants
$2,391,738
Federal Funds Not Specifically Identified
$2,391,738
Other Funds
$945,372
Other Funds - Not Specifically Identified
$945,372
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
$914,074
Other Funds
$149,849
Agency Funds
$149,849
State Funds
$764,225
State General Funds
$764,225
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
$26,427,740
Federal Funds and Grants
$95,000
Federal Funds Not Specifically Identified
$95,000
Other Funds
$240,587
THURSDAY, JANUARY 28, 2016
245
Other Funds - Not Specifically Identified State Funds
State General Funds
$240,587 $26,092,153 $26,092,153
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
$983,495
State Funds
$983,495
State General Funds
$983,495
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
$12,881,708
State Funds
$12,881,708
State General Funds
$12,881,708
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$12,881,465
$12,881,465
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$243
$243
Amount appropriated in this Act
$12,881,708
$12,881,708
16.14. Payments to OneGeorgia Authority
Purpose: The purpose of this appropriation is to provide funds for the
OneGeorgia Authority.
Total Funds
$38,545,521
Other Funds
$145,521
Other Funds - Not Specifically Identified
$145,521
State Funds
$38,400,000
State General Funds
$38,400,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
246
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
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.
Provide funds for the construction of a seawall on Hutchinson Island in Savannah.
Amount appropriated in this Act
State Funds $20,000,000 $14,900,000
$3,500,000 $38,400,000
Total Funds $20,145,521 $14,900,000
$3,500,000 $38,545,521
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
$13,851,931,712 $6,972,988,903 $6,688,184,243 $258,161,259 $26,643,401 $222,456,347 $77,971,304 $139,386,524 $5,098,519 $3,141,114,547 $272,255,461 $167,969,114 $2,593,104,966 $107,785,006 $3,515,371,915 $3,234,514,653 $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
$391,438,920
Federal Funds and Grants
$296,067,996
Medical Assistance Program (CFDA 93.778)
$267,624,361
State Children's Insurance Program (CFDA 93.767)
$26,522,402
Federal Funds Not Specifically Identified
$1,921,233
Other Funds
$4,798,519
Other Funds - Not Specifically Identified
$4,798,519
State Funds
$69,260,820
State General Funds
$69,260,820
THURSDAY, JANUARY 28, 2016
247
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 76) as amended
$65,283,852
$387,534,484
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$3,520
$3,520
Increase funds to comply with the Patient Protection and Affordable Care Act (PPACA) requirement that 1095-B forms be provided to individuals enrolled in PeachCare or Medicaid.
$1,817,591
$3,900,916
Replace the loss of federal funds for the Medicaid
$2,155,857
$0
Management Information System (MMIS).
Amount appropriated in this Act
$69,260,820
$391,438,920
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
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
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
$27,109,483
Federal Funds and Grants
$16,446,551
Medical Assistance Program (CFDA 93.778)
$416,250
248
JOURNAL OF THE HOUSE
Federal Funds Not Specifically Identified State Funds
State General Funds
$16,030,301 $10,662,932 $10,662,932
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
Other Funds
$100,000
Agency Funds
$100,000
State Funds
$10,929,096
State General Funds
$10,929,096
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
$444,659,351
Federal Funds and Grants
$287,403,851
Medical Assistance Program (CFDA 93.778)
$287,403,851
Other Funds
$142,586,524
Agency Funds
$3,200,000
Indigent Care Trust Fund - Public Hospital Authorities $139,386,524
State Funds
$14,668,976
State General Funds
$14,668,976
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$0
$399,662,493
Increase funds to provide the state match for Disproportionate Share Hospital (DSH) payments for private deemed and non-deemed hospitals.
$14,668,976
$44,996,858
Amount appropriated in this Act
$14,668,976
$444,659,351
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
THURSDAY, JANUARY 28, 2016
249
appropriated for payments for nursing homes pursuant to Article 6A.
Total Funds
$5,285,209,512
Federal Funds and Grants
$3,359,839,938
Medical Assistance Program (CFDA 93.778)
$3,357,052,724
Federal Funds Not Specifically Identified
$2,787,214
Other Funds
$62,342,988
Agency Funds
$62,342,988
State Funds
$1,595,737,954
Hospital Provider Payment
$28,620,148
Nursing Home Provider Fees
$167,969,114
State General Funds
$1,399,148,692
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 76) as $1,581,476,106 amended
$5,249,545,728
Increase funds to cover expenses related to higher pharmacy costs of Hepatitis C drugs ($23,129,866) and Cystic Fibrosis drugs ($3,390,400).
$26,520,266
$81,675,911
Increase funds to reflect the projected increase in the Medicare Part D Clawback payment.
$4,157,276
$4,157,276
Reduce funds for growth in Medicaid based on projected ($29,497,059) need.
($90,481,776)
Increase funds for the hold harmless provision in Medicare Part B premiums.
$13,081,365
$40,312,373
Amount appropriated in this Act
$1,595,737,954 $5,285,209,512
17.8. Medicaid: Low-Income Medicaid
Purpose: The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.
Total Funds
$4,155,094,212
Federal Funds and Grants
$2,771,953,392
Medical Assistance Program (CFDA 93.778)
$2,771,953,392
Other Funds
$12,328,316
Agency Funds
$12,328,316
State Funds
$1,357,395,657
Hospital Provider Payment
$241,808,093
State General Funds
$1,007,802,558
Tobacco Settlement Funds
$107,785,006
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):
250
JOURNAL OF THE HOUSE
State Funds
Amount from previous Appropriations Act (HB 76) as $1,285,085,321 amended
Increase funds for growth in Medicaid based on projected $72,310,336 need.
Replace $2,183,251 in tobacco settlement funds with
$0
state general funds.
Amount appropriated in this Act
$1,357,395,657
Total Funds $3,933,283,365
$221,810,847 $0
$4,155,094,212
17.9. PeachCare
Purpose: The purpose of this appropriation is to provide health insurance
coverage for qualified low-income Georgia children.
Total Funds
$246,133,554
Federal Funds and Grants
$231,638,857
State Children's Insurance Program (CFDA 93.767)
$231,638,857
State Funds
$14,342,914
Hospital Provider Payment
$1,827,220
State General Funds
$12,515,694
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 76) as amended
$24,648,601
$424,124,694
Reduce funds for growth in PeachCare based on projected need.
($10,305,687) ($177,991,140)
Amount appropriated in this Act
$14,342,914
$246,133,554
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
$3,213,203,068
Intra-State Government Transfers
$3,213,203,068
Health Insurance Payments
$3,213,203,068
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 76) as amended
$0 $3,198,611,114
Increase funds to reflect updated projections for membership, medical services utilization, and medical trend changes.
$0
$31,105,104
Reduce funds for the reduction in employee contribution rates effective January 1, 2016.
$0
($5,550,000)
THURSDAY, JANUARY 28, 2016
251
Increase funds for Medicare Advantage plans effective January 1, 2016. Reflect the delay of the scheduled increase of the employer contribution rate for non-certificated school service employees from July 1, 2015 to January 1, 2016.
Amount appropriated in this Act
$0
$45,800,000
$0
($56,763,150)
$0 $3,213,203,068
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
$689,458
State Funds
$689,458
State General Funds
$689,458
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 76) as amended
$659,458
$659,458
Transfer funds from the Graduate Medical Education program to reflect projected expenditures.
$30,000
$30,000
Amount appropriated in this Act
$689,458
$689,458
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
$9,895,440
State Funds
$9,895,440
State General Funds
$9,895,440
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 76) as amended
$10,014,219
$10,014,219
Reduce funds for contract savings.
($88,779)
($88,779)
Transfer funds to the Board Administration program to reflect projected expenditures.
($30,000)
($30,000)
Amount appropriated in this Act
$9,895,440
$9,895,440
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
252
JOURNAL OF THE HOUSE
partnership with the State of Georgia.
Total Funds
$24,039,911
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 76) as amended
$24,039,911
$24,039,911
Utilize existing funds ($1,020,000) to support primary
$0
$0
care three-year accelerated track programs. (H:Yes)
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
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 76) as amended
$1,410,000
$1,410,000
Utilize existing funds ($180,000) to support primary care
$0
$0
three-year accelerated track programs. (H:Yes)
Amount appropriated in this Act
$1,410,000
$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
THURSDAY, JANUARY 28, 2016
253
State General Funds
$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, the purpose of this appropriation is to investigate complaints
and discipline those who violate the Medical Practice Act or other laws
governing the professional behavior of the Board licensees.
Total Funds
$2,577,486
Other Funds
$300,000
Other Funds - Not Specifically Identified
$300,000
State Funds
$2,277,486
State General Funds
$2,277,486
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
Section 18: Community Supervision, Department of Total Funds State Funds State General Funds
$34,755,896 $34,755,896 $34,755,896
18.1. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative support for the agency.
Total Funds
$8,402,270
State Funds
$8,402,270
State General Funds
$8,402,270
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,213,943
$8,213,943
Transfer funds from the Field Services program to accurately reflect the cost of real estate rentals.
$40,710
$40,710
254
JOURNAL OF THE HOUSE
Transfer funds from the Governor's Office of Transition, Support, and Reentry program to accurately reflect the cost of real estate rentals.
Amount appropriated in this Act
$147,617 $8,402,270
$147,617 $8,402,270
18.2. Field Services
Purpose: The purpose of this appropriation is to protect and serve Georgia
citizens through effective and efficient offender supervision in communities,
while providing opportunities for successful outcomes.
Total Funds
$21,810,868
State Funds
$21,810,868
State General Funds
$21,810,868
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$21,851,578
$21,851,578
Transfer funds to the Departmental Administration program to accurately reflect the cost of real estate rentals.
($40,710)
($40,710)
Provide one-time funds for property acquisition for
$0
$0
parking on Memorial Drive in Atlanta. (H:Yes; Utilize
existing funds for property acquisition for parking on
Memorial Drive in Atlanta.)
Amount appropriated in this Act
$21,810,868
$21,810,868
18.3. Misdemeanor Probation
Purpose: The purpose of this appropriation is to provide regulation of all
governmental and private misdemeanor probation providers through
inspection and investigation.
Total Funds
$573,951
State Funds
$573,951
State General Funds
$573,951
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$609,367
$609,367
Reduce funds to reflect compliance monitor positions start dates.
($35,416)
($35,416)
Amount appropriated in this Act
$573,951
$573,951
The following appropriations are for agencies attached for administrative purposes.
18.4. Georgia Commission on Family Violence Purpose: The purpose of this appropriation is to provide for the study and
THURSDAY, JANUARY 28, 2016
255
evaluation of needs and services relating to family violence in Georgia, develop models for community task forces on family violence, provide training and continuing education on the dynamics of family violence, and develop standards to be used in the certification and regulation of Family Violence Intervention Programs.
Total Funds
$374,981
State Funds
$374,981
State General Funds
$374,981
18.5. Governor's Office of Transition, Support, and Reentry
Purpose: The purpose of this appropriation is to provide a collaboration of governmental and non-governmental stakeholders to develop and execute a
systematic reentry plan for Georgia offenders and ensure the delivery of
services to reduce recidivism and support the success of returning citizens.
Total Funds
$3,593,826
State Funds
$3,593,826
State General Funds
$3,593,826
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 76) as amended
$3,741,443
$3,741,443
Transfer funds to the Departmental Administration program to accurately reflect the cost of real estate rentals.
($147,617)
($147,617)
Amount appropriated in this Act
$3,593,826
$3,593,826
Section 19: 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
$1,182,306,797 $170,555 $170,555
$13,581,649 $13,581,649 $1,168,554,593 $1,168,554,593
19.1. 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
$5,000
State Funds
$5,000
State General Funds
$5,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
256
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended Reduce funds to meet projected expenditures.
Amount appropriated in this Act
State Funds $50,000
($45,000) $5,000
Total Funds $50,000
($45,000) $5,000
19.2. 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
$35,496,999
Federal Funds and Grants
$70,555
Federal Funds Not Specifically Identified
$70,555
State Funds
$35,426,444
State General Funds
$35,426,444
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 76) as amended
$35,423,197
$35,493,752
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$3,247
$3,247
Amount appropriated in this Act
$35,426,444
$35,496,999
19.3. 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
$30,688,465
Other Funds
$450,000
Other Funds - Not Specifically Identified
$450,000
State Funds
$30,238,465
State General Funds
$30,238,465
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$30,232,566
$30,682,566
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$5,899
$5,899
Amount appropriated in this Act
$30,238,465
$30,688,465
THURSDAY, JANUARY 28, 2016
257
19.4. 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
$27,555,342
State Funds
$27,555,342
State General Funds
$27,555,342
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$27,555,071
$27,555,071
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$271
$271
Amount appropriated in this Act
$27,555,342
$27,555,342
19.5. 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
$201,775,938
Other Funds
$390,000
Other Funds - Not Specifically Identified
$390,000
State Funds
$201,385,938
State General Funds
$201,385,938
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$201,384,166
$201,774,166
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$1,772
$1,772
Amount appropriated in this Act
$201,385,938
$201,775,938
19.6. 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
$42,599,316
Other Funds
$30,000
Other Funds - Not Specifically Identified
$30,000
258
JOURNAL OF THE HOUSE
State Funds
$42,569,316
State General Funds
$42,569,316
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$42,568,545
$42,598,545
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$771
$771
Amount appropriated in this Act
$42,569,316
$42,599,316
19.7. 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
19.8. 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
$96,016,271
Other Funds
$17,046
Other Funds - Not Specifically Identified
$17,046
State Funds
$95,999,225
State General Funds
$95,999,225
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$95,981,028
$95,998,074
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$18,197
$18,197
Amount appropriated in this Act
$95,999,225
$96,016,271
19.9. 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
THURSDAY, JANUARY 28, 2016
259
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
$582,803,117
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
$570,008,514
State General Funds
$570,008,514
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$569,908,384
$582,702,987
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$100,130
$100,130
Amount appropriated in this Act
$570,008,514
$582,803,117
19.10. 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
$29,970,741
State Funds
$29,970,741
State General Funds
$29,970,741
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$29,965,735
$29,965,735
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$5,006
$5,006
Amount appropriated in this Act
$29,970,741
$29,970,741
Section 20: Defense, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds
$64,673,938 $49,366,773 $49,366,773 $3,662,875
260
JOURNAL OF THE HOUSE
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds
$1,375,447 $2,287,428 $11,644,290 $11,644,290
20.1. Departmental Administration
Purpose: The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.
Total Funds
$1,867,842
Federal Funds and Grants
$723,528
Federal Funds Not Specifically Identified
$723,528
State Funds
$1,144,314
State General Funds
$1,144,314
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,143,379
$1,866,907
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$935
$935
Amount appropriated in this Act
$1,144,314
$1,867,842
20.2. 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
$44,485,099
Federal Funds and Grants
$34,639,522
Federal Funds Not Specifically Identified
$34,639,522
Other Funds
$3,658,997
Agency Funds
$1,375,447
Other Funds - Not Specifically Identified
$2,283,550
State Funds
$6,186,580
State General Funds
$6,186,580
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$5,086,422
$42,984,941
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$158
$158
THURSDAY, JANUARY 28, 2016
261
Provide funds to relocate the Albany Readiness Center to the Albany Marine Corps Logistics Base.
Amount appropriated in this Act
$1,100,000 $6,186,580
$1,500,000 $44,485,099
20.3. 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
$18,320,997
Federal Funds and Grants
$14,003,723
Federal Funds Not Specifically Identified
$14,003,723
Other Funds
$3,878
Other Funds - Not Specifically Identified
$3,878
State Funds
$4,313,396
State General Funds
$4,313,396
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,903,836
$17,911,437
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$404
$404
Increase funds for fixtures, furniture, and equipment for the Milledgeville Youth Challenge Academy to have the facility ready for occupancy by staff on July 1, 2016.
$409,156
$409,156
Amount appropriated in this Act
$4,313,396
$18,320,997
Section 21: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds
21.1. Customer Service Support
Purpose: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance.
Total Funds
$10,039,156
Other Funds
$500,857
Agency Funds
$500,857
State Funds
$9,538,299
State General Funds
$9,538,299
$69,950,918 $2,844,121 $2,844,121 $67,106,797 $67,106,797
262
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 76) as amended
$9,527,809
$10,028,666
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$10,490
$10,490
Amount appropriated in this Act
$9,538,299
$10,039,156
21.2. 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
$58,495,467
Other Funds
$1,827,835
Agency Funds
$1,827,835
State Funds
$56,667,632
State General Funds
$56,667,632
21.3. 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
Section 22: 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
$755,620,536 $364,941,816
$97,618,088 $125,696,047 $141,627,681
$13,695,660 $13,695,660
$160,000
THURSDAY, JANUARY 28, 2016
263
Agency Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds
$3,000 $157,000 $376,823,060 $321,295,547 $55,527,513
22.1. 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
$258,637,214
Federal Funds and Grants
$203,084,701
CCDF Mandatory and Matching Funds (CFDA 93.596)
$97,618,088
Child Care and Development Block Grant (CFDA 93.575) $102,013,932
Federal Funds Not Specifically Identified
$3,452,681
Other Funds
$25,000
Agency Funds
$3,000
Other Funds - Not Specifically Identified
$22,000
State Funds
$55,527,513
State General Funds
$55,527,513
22.2. 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
$138,000,000
Federal Funds and Grants
$138,000,000
Federal Funds Not Specifically Identified
$138,000,000
22.3. 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
$321,470,547
Federal Funds and Grants
$175,000
Federal Funds Not Specifically Identified
$175,000
State Funds
$321,295,547
Lottery Funds
$321,295,547
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
264
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Amount appropriated in this Act
State Funds $321,295,348
$199
$321,295,547
Total Funds $321,470,348
$199
$321,470,547
22.4. 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
$37,512,775
Federal Funds and Grants
$23,682,115
Child Care and Development Block Grant (CFDA 93.575)
$23,682,115
Federal Recovery Funds
$13,695,660
Federal Recovery Funds Not Specifically Identified
$13,695,660
Other Funds
$135,000
Other Funds - Not Specifically Identified
$135,000
Section 23: Economic Development, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$105,496,190 $74,021,318 $74,021,318 $31,474,872 $31,474,872
23.1. 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
$4,480,880
State Funds
$4,480,880
State General Funds
$4,480,880
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,478,642
$4,478,642
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$2,238
$2,238
Amount appropriated in this Act
$4,480,880
$4,480,880
THURSDAY, JANUARY 28, 2016
265
23.2. 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
23.3. 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
23.4. Georgia Council for the Arts - Special Project
Purpose: 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 larger than $5,000.
Total Funds
$300,000
State Funds
$300,000
State General Funds
$300,000
23.5. Global Commerce
Purpose: The purpose of this appropriation is to promote Georgia as a state
that is appealing to businesses along with being competitive in the
international trade market; recruit, retain, and expand businesses in Georgia
through a network of statewide and regional project managers, foreign and
domestic marketing, and participation in Georgia Allies; and 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
$11,531,240
State Funds
$11,531,240
State General Funds
$11,531,240
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
266
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended Provide funds for contractual services for the economic development outreach initiative in China.
Amount appropriated in this Act
State Funds $10,881,240
$650,000
$11,531,240
Total Funds $10,881,240
$650,000
$11,531,240
23.6. 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
23.7. Innovation and Technology
Purpose: The purpose of this appropriation is to market and promote strategic
industries to existing and potential Georgia businesses.
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 76) as amended
$1,522,960
$1,522,960
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$1,522,960
$1,522,960
23.8. Small and Minority Business Development
Purpose: The purpose of this appropriation is to assist entrepreneurs and
small and minority businesses by providing technical assistance on planning,
advocacy, business needs, and identifying potential markets and suppliers; and
to provide assistance to local communities in growing small businesses.
Total Funds
$951,926
State Funds
$951,926
State General Funds
$951,926
23.9. Tourism
Purpose: The purpose of this appropriation is to provide information to
visitors about tourism opportunities throughout the state; operate and maintain
state welcome centers; and work with communities to develop and market
tourism products in order to attract more tourism to the state.
Total Funds
$10,987,537
State Funds
$10,987,537
THURSDAY, JANUARY 28, 2016
267
State General Funds
$10,987,537
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 76) as
$10,987,537
$10,987,537
amended
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$10,987,537
$10,987,537
Section 24: 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
The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,463.43. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
$10,718,752,149 $1,982,964,757 $19,630 $1,982,945,127 $74,758,193 $74,758,193 $46,429,171 $46,429,171 $8,614,600,028 $8,614,600,028
24.1. 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
$10,654,833
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
$8,794,560
State General Funds
$8,794,560
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 76) as amended
$8,794,527
$10,654,800
268
JOURNAL OF THE HOUSE
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Amount appropriated in this Act
$33 $8,794,560
$33 $10,654,833
24.2. Business and Finance Administration
Purpose: The purpose of this appropriation is to provide administrative
support for business, finance, facilities, and pupil transportation.
Total Funds
$29,958,941
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
$7,481,671
State General Funds
$7,481,671
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,479,770
$29,957,040
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$1,901
$1,901
Amount appropriated in this Act
$7,481,671
$29,958,941
24.3. 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
$28,662,994
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
$4,049,472
State General Funds
$4,049,472
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,048,477
$28,661,999
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$995
$995
THURSDAY, JANUARY 28, 2016
269
Amount appropriated in this Act
$4,049,472
$28,662,994
24.4. 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
$2,300,066
Federal Funds and Grants
$153,422
Federal Funds Not Specifically Identified
$153,422
State Funds
$2,146,644
State General Funds
$2,146,644
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,146,548
$2,299,970
Increase funds for TeamWorks to comply with the new
$96
$96
IRS reporting requirements on insurers and employers
required by the Patient Protection and Affordable Care
Act (PPACA).
Amount appropriated in this Act
$2,146,644
$2,300,066
24.5. 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
24.6. 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
$7,348,074
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
$3,523,867
State General Funds
$3,523,867
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
270
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Amount appropriated in this Act
State Funds $3,523,280
$587
$3,523,867
Total Funds $7,347,487
$587
$7,348,074
24.7. 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
24.8. 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
State General Funds
$62,246,538
24.9. 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
24.10. Information Technology Services Purpose: The purpose of this appropriation is to manage enterprise technology
THURSDAY, JANUARY 28, 2016
271
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
$28,624,389
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
$20,047,673
State General Funds
$20,047,673
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$18,393,696
$26,970,412
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$2,085
$2,085
Increase funds to support the information technology applications utilized by local school systems.
$1,651,892
$1,651,892
Amount appropriated in this Act
$20,047,673
$28,624,389
24.11. 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
$10,683,086
State Funds
$10,683,086
State General Funds
$10,683,086
24.12. 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
$737,163,080
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
$22,862,828
State General Funds
$22,862,828
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
272
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Amount appropriated in this Act
State Funds $22,862,765
$63
$22,862,828
Total Funds $737,163,017
$63
$737,163,080
24.13. 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
24.14. 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
24.15. 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
($1,664,572,225)
State Funds
($1,664,572,225)
State General Funds
($1,664,572,225)
24.16. 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
$9,503,685,966
State Funds
$9,503,685,966
State General Funds
$9,503,685,966
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 76) as $9,393,786,908 amended
$9,393,786,908
THURSDAY, JANUARY 28, 2016
273
Increase funds for a midterm adjustment.
$98,186,437
Increase funds for a midterm adjustment to charter system grants.
$2,338,622
Increase funds for the State Commission Charter School supplement.
$13,343,805
Adjust funds for a midterm adjustment for the Special Needs Scholarship.
($3,969,806)
Amount appropriated in this Act
$9,503,685,966
$98,186,437 $2,338,622
$13,343,805 ($3,969,806)
$9,503,685,966
24.17. 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
$10,223,960
State Funds
$10,223,960
State General Funds
$10,223,960
24.18. 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
$18,024,949
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
$8,797,648
State General Funds
$8,797,648
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,797,519
$18,024,820
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$129
$129
Amount appropriated in this Act
$8,797,648
$18,024,949
24.19. 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
274
JOURNAL OF THE HOUSE
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
$3,229,392
Other Funds
$3,229,392
Other Funds - Not Specifically Identified
$3,229,392
24.20. 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
$31,783,786
Federal Funds and Grants
$22,847,100
Federal Funds Not Specifically Identified
$22,847,100
State Funds
$8,936,686
State General Funds
$8,936,686
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,097,963
$30,945,063
Increase funds for the payment to the Teachers Retirement System of Georgia to reflect projected expenditures.
$838,723
$838,723
Amount appropriated in this Act
$8,936,686
$31,783,786
24.21. 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
24.22. 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
$41,803,657
THURSDAY, JANUARY 28, 2016
275
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
$17,076,862
State General Funds
$17,076,862
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 76) as amended
$17,002,426
$41,729,221
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$385
$385
Increase funds for vocational industry certification.
$74,051
$74,051
Amount appropriated in this Act
$17,076,862
$41,803,657
24.23. 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
$46,008,773
Federal Funds and Grants
$19,218,028
Federal Funds Not Specifically Identified
$19,218,028
Federal Recovery Funds
$133,773
Federal Recovery Funds Not Specifically Identified
$133,773
State Funds
$26,656,972
State General Funds
$26,656,972
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 76) as amended
$26,656,506
$46,008,307
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$466
$466
Amount appropriated in this Act
$26,656,972
$46,008,773
24.24. 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
276 State General Funds
JOURNAL OF THE HOUSE $1,551,946
Section 25: 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, 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.
25.1. 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
$4,456,129
Other Funds
$4,456,129
Agency Funds
$4,456,129
25.2. 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
25.3. 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
State General Funds
$28,580,000
$55,745,748 $4,456,129 $4,456,129 $30,579,930 $30,579,930 $20,709,689 $20,709,689
THURSDAY, JANUARY 28, 2016
277
25.4. 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
$20,720,089
State Funds
$10,400
State General Funds
$10,400
Intra-State Government Transfers
$20,709,689
Retirement Payments
$20,709,689
Section 26: 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
$48,453,344 $5,982,769 $5,982,769 $7,102,187
$428,645 $6,673,542 $35,318,388 $35,318,388
$50,000 $50,000
26.1. Commission Administration
Purpose: The purpose of this appropriation is to administer department needs;
handle purchasing, accounts receivable and payable; meet information
technology needs; and provide oversight that emphasizes customer values and
process innovation.
Total Funds
$3,716,319
Federal Funds and Grants
$48,800
Federal Funds Not Specifically Identified
$48,800
Other Funds
$182,780
Other Funds - Not Specifically Identified
$182,780
State Funds
$3,484,739
State General Funds
$3,484,739
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 76) as amended
$3,477,646
$3,709,226
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$7,093
$7,093
278
JOURNAL OF THE HOUSE
Amount appropriated in this Act
$3,484,739
$3,716,319
26.2. 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 fire suppression assistance to the Forest Protection
program.
Total Funds
$7,555,134
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
$2,861,831
State General Funds
$2,861,831
Intra-State Government Transfers
$50,000
Other Intra-State Government Payments
$50,000
26.3. 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
$35,974,811
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
$28,971,818
State General Funds
$28,971,818
THURSDAY, JANUARY 28, 2016
279
26.4. Tree Seedling Nursery
Purpose: The purpose of this appropriation is to produce an adequate quantity
of high-quality forest tree seedlings for sale at reasonable cost to Georgia
landowners.
Total Funds
$1,207,080
Federal Funds and Grants
$133,717
Federal Funds Not Specifically Identified
$133,717
Other Funds
$1,073,363
Other Funds - Not Specifically Identified
$1,073,363
Section 27: 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.
$99,336,653 $30,120,112 $30,120,112
$908,356 $908,356 $68,308,185 $68,308,185
27.1. 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
$21,062,041
State Funds
$21,062,041
State General Funds
$21,062,041
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 76) as amended
$11,062,041
$11,062,041
Increase funds to meet projected expenditures.
$10,000,000
$10,000,000
Amount appropriated in this Act
$21,062,041
$21,062,041
27.2. Governor's Office
Purpose: The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per O.C.G.A. 45-7-4 shall be $40,000.
Total Funds
$6,604,848
Other Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
280
JOURNAL OF THE HOUSE
State Funds State General Funds
$6,504,848 $6,504,848
27.3. 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
$8,573,455
State Funds
$8,573,455
State General Funds
$8,573,455
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,568,626
$8,568,626
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$4,829
$4,829
Amount appropriated in this Act
$8,573,455
$8,573,455
The following appropriations are for agencies attached for administrative purposes.
27.4. 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
27.5. 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
27.6. 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
THURSDAY, JANUARY 28, 2016
281
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
27.7. 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
$695,777
State Funds
$695,777
State General Funds
$695,777
27.8. 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
27.9. 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
27.10. 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
282
JOURNAL OF THE HOUSE
card and scoreboard, and education research to inform policy and budget
efforts.
Total Funds
$19,574,080
State Funds
$19,574,080
State General Funds
$19,574,080
Section 28: Human Services, Department of
Total Funds
$1,799,271,240
Federal Funds and Grants
$1,120,802,111
CCDF Mandatory and Matching Funds (CFDA 93.596)
$209,161
Community Service Block Grant (CFDA 93.569)
$16,735,414
Foster Care Title IV-E (CFDA 93.658)
$90,169,412
Low-Income Home Energy Assistance (CFDA 93.568)
$56,629,642
Medical Assistance Program (CFDA 93.778)
$75,870,369
Social Services Block Grant (CFDA 93.667)
$52,776,023
TANF Transfers to Social Services Block Grant (CFDA 93.558)
$7,649,069
Temporary Assistance for Needy Families Block Grant (CFDA 93.558)
$337,949,177
Federal Funds Not Specifically Identified
$482,813,844
Other Funds
$30,832,966
Agency Funds
$2,841,500
Other Funds - Not Specifically Identified
$27,991,466
State Funds
$647,117,615
State General Funds
$640,925,809
Tobacco Settlement Funds
$6,191,806
Intra-State Government Transfers
$518,548
Other Intra-State Government Payments
$518,548
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
THURSDAY, JANUARY 28, 2016
283
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.
28.1. 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
$91,198,734
Federal Funds and Grants
$57,429,877
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$16,400,000
Federal Funds Not Specifically Identified
$41,029,877
Other Funds
$46,500
Other Funds - Not Specifically Identified
$46,500
State Funds
$33,722,357
State General Funds
$33,722,357
28.2. 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
(CFDA 93.558)
$15,500,000
28.3. 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
$15,864,628
Federal Funds and Grants
$14,589,595
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$3,072,670
Federal Funds Not Specifically Identified
$11,516,925
State Funds
$1,275,033
284
JOURNAL OF THE HOUSE
State General Funds
$1,275,033
28.4. 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
28.5. 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
28.6. 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
$330,991,629
Federal Funds and Grants
$187,480,777
Foster Care Title IV-E (CFDA 93.658)
$29,011,535
Medical Assistance Program (CFDA 93.778)
$240,261
Social Services Block Grant (CFDA 93.667)
$2,844,537
TANF Transfers to Social Services Block Grant (CFDA
93.558)
$7,649,069
Temporary Assistance for Needy Families Block Grant $120,247,997
(CFDA 93.558)
Federal Funds Not Specifically Identified
$27,487,378
State Funds
$143,388,064
State General Funds
$143,388,064
Intra-State Government Transfers
$122,788
Other Intra-State Government Payments
$122,788
THURSDAY, JANUARY 28, 2016
285
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$141,978,657
$316,321,908
Utilize the Child Abuse Prevention and Treatment Act (CAPTA) to establish the Child Abuse Registry.
$0
$500,000
Transfer Temporary Assistance for Needy Families (TANF) funds from the Out-of-Home Care program to reflect projected expenditures.
$0
$34,483,285
Reduce funds to align the budget with the Temporary
$0
($21,722,971)
Assistance for Needy Families (TANF) Block Grant
notice of award.
Provide funds to relocate high-priority Division of
$1,409,407
$1,409,407
Family and Children Services' (DFCS) county offices.
Amount appropriated in this Act
$143,388,064
$330,991,629
28.7. 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
28.8. 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
$102,089,108
Federal Funds and Grants
$51,697,276
CCDF Mandatory and Matching Funds (CFDA 93.596)
$209,161
Community Service Block Grant (CFDA 93.569)
$403,981
Foster Care Title IV-E (CFDA 93.658)
$4,241,528
Low-Income Home Energy Assistance (CFDA 93.568)
$674,420
Medical Assistance Program (CFDA 93.778)
$4,062,010
Social Services Block Grant (CFDA 93.667)
$2,539,375
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$8,406,561
Federal Funds Not Specifically Identified
$31,160,240
Other Funds
$12,828,542
Other Funds - Not Specifically Identified
$12,828,542
State Funds
$37,563,290
State General Funds
$37,563,290
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
286
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Provide funds for the Integrated Eligibility System information technology project.
Amount appropriated in this Act
State Funds $36,133,992
$52,551
$1,376,747 $37,563,290
Total Funds $100,659,810
$52,551
$1,376,747 $102,089,108
28.9. 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
$19,787,510
Federal Funds and Grants
$3,123,433
Medical Assistance Program (CFDA 93.778)
$50,000
Social Services Block Grant (CFDA 93.667)
$2,279,539
Federal Funds Not Specifically Identified
$793,894
State Funds
$16,664,077
State General Funds
$16,664,077
28.10. 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
$114,829,118
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
$73,412,316
State General Funds
$67,220,510
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 76) as amended
$71,099,477
$112,516,279
Provide funds for the Community Care Services Program (CCSP) to achieve budget compliance.
$2,312,839
$2,312,839
Amount appropriated in this Act
$73,412,316
$114,829,118
28.11. 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,
THURSDAY, JANUARY 28, 2016
287
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
28.12. 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
28.13. 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
$275,531,120
Federal Funds and Grants
$168,285,306
Community Service Block Grant (CFDA 93.569)
$221,296
Foster Care Title IV-E (CFDA 93.658)
$3,940,770
Low-Income Home Energy Assistance (CFDA 93.568)
$635,195
Medical Assistance Program (CFDA 93.778)
$56,580,020
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$22,261,277
Federal Funds Not Specifically Identified
$84,646,748
State Funds
$107,245,814
State General Funds
$107,245,814
28.14. 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
(CFDA 93.558)
$23,492,930
28.15. Out-of-Home Care Purpose: The purpose of this appropriation is to provide safe and appropriate
288
JOURNAL OF THE HOUSE
temporary homes for children removed from their families due to neglect,
abuse, or abandonment.
Total Funds
$283,948,577
Federal Funds and Grants
$116,295,207
Foster Care Title IV-E (CFDA 93.658)
$52,356,316
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$63,706,967
Federal Funds Not Specifically Identified
$231,924
State Funds
$167,653,370
State General Funds
$167,653,370
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$81,687,918
$219,595,868
Increase funds for growth in out-of-home care utilization. $51,482,167
$64,352,709
Replace prior year Temporary Assistance for Needy Families (TANF) funds with state funds.
$34,483,285
$34,483,285
Transfer Temporary Assistance for Needy Families (TANF) funds to Child Welfare Services to reflect projected expenditures.
$0
($34,483,285)
Amount appropriated in this Act
$167,653,370
$283,948,577
28.16. 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
28.17. 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.
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
28.18. 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
THURSDAY, JANUARY 28, 2016
289
Federal Funds and Grants Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
State Funds State General Funds
$48,306,610 $48,306,610
$100,000 $100,000
28.19. 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
$19,154,980
Federal Funds and Grants
$19,154,980
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$16,554,165
Federal Funds Not Specifically Identified
$2,600,815
The following appropriations are for agencies attached for administrative purposes.
28.20. Council On Aging
Purpose: The purpose of this appropriation is to assist older individuals, atrisk 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
28.21. 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
28.22. 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
290
JOURNAL OF THE HOUSE
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds
$2,919,976 $36,000 $36,000
$282,801 $282,801
28.23. 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
$9,532,949
Federal Funds and Grants
$8,058,850
Federal Funds Not Specifically Identified
$8,058,850
Other Funds
$45,000
Other Funds - Not Specifically Identified
$45,000
State Funds
$1,429,099
State General Funds
$1,429,099
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,461,659
$9,565,509
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$2,411
$2,411
Transfer savings from contractual services to the Vocational Rehabilitation program to provide additional services to consumers.
($34,971)
($34,971)
Amount appropriated in this Act
$1,429,099
$9,532,949
28.24. 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
28.25. 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.
THURSDAY, JANUARY 28, 2016
291
Total Funds Other Funds
Other Funds - Not Specifically Identified
$9,507,334 $9,507,334 $9,507,334
28.26. 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
$101,768,445
Federal Funds and Grants
$76,910,506
Federal Funds Not Specifically Identified
$76,910,506
Other Funds
$5,528,090
Other Funds - Not Specifically Identified
$5,528,090
State Funds
$19,329,849
State General Funds
$19,329,849
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$19,294,878
$101,733,474
Transfer savings from contractual services from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to provide additional services to consumers.
$34,971
$34,971
Amount appropriated in this Act
$19,329,849
$101,768,445
28.27. 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
$2,069,043
State Funds
$2,069,043
State General Funds
$2,069,043
Section 29: 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
$20,972,227 $733,208 $733,208 $339,026 $334,026 $5,000
$19,899,993
292
JOURNAL OF THE HOUSE
State General Funds
$19,899,993
29.1. 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
$1,870,136
State Funds
$1,870,136
State General Funds
$1,870,136
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,866,817
$1,866,817
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$3,319
$3,319
Amount appropriated in this Act
$1,870,136
$1,870,136
29.2. 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
29.3. 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
$7,960,570
Federal Funds and Grants
$727,000
Federal Funds Not Specifically Identified
$727,000
Other Funds
$339,026
Agency Funds
$334,026
Other Funds - Not Specifically Identified
$5,000
State Funds
$6,894,544
State General Funds
$6,894,544
THURSDAY, JANUARY 28, 2016
293
29.4. 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
$668,212
State Funds
$668,212
State General Funds
$668,212
29.5. 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
$9,683,878
Federal Funds and Grants
$6,208
Federal Funds Not Specifically Identified
$6,208
State Funds
$9,677,670
State General Funds
$9,677,670
Section 30: 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
$196,016,493 $50,308,267 $991,680 $49,316,587 $24,658,236 $24,658,236
$121,049,990 $121,049,990
30.1. 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
$7,933,926
Federal Funds and Grants
$12,600
Federal Funds Not Specifically Identified
$12,600
State Funds
$7,921,326
State General Funds
$7,921,326
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
294
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Amount appropriated in this Act
State Funds $7,912,855
$8,471
$7,921,326
Total Funds $7,925,455
$8,471
$7,933,926
30.2. 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
30.3. 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
$33,208,327
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
$32,984,331
State General Funds
$32,984,331
30.4. 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
THURSDAY, JANUARY 28, 2016
295
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
The following appropriations are for agencies attached for administrative purposes.
30.5. 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
$94,703,908
Federal Funds and Grants
$48,948,786
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$991,680
Federal Funds Not Specifically Identified
$47,957,106
Other Funds
$18,120,278
Other Funds - Not Specifically Identified
$18,120,278
State Funds
$27,634,844
State General Funds
$27,634,844
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$27,634,621
$94,703,685
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$223
$223
Amount appropriated in this Act
$27,634,844
$94,703,908
30.6. 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
$12,032,450
State Funds
$12,032,450
State General Funds
$12,032,450
296
JOURNAL OF THE HOUSE
Section 31: 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
$318,193,896 $6,804,611 $1,495,178 $5,309,433 $340,165 $340,165
$311,049,120 $311,049,120
31.1. 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
$91,298,433
Federal Funds and Grants
$2,189,222
Foster Care Title IV-E (CFDA 93.658)
$1,495,178
Federal Funds Not Specifically Identified
$694,044
Other Funds
$300,305
Other Funds - Not Specifically Identified
$300,305
State Funds
$88,808,906
State General Funds
$88,808,906
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 76) as amended
$86,143,081
$88,632,608
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$9,737
$9,737
Transfer funds from the Secure Commitment (YDCs) program for 40 step-down slots as part of juvenile justice reform initiatives.
$2,389,938
$2,389,938
Transfer funds from the Secure Commitment (YDCs) program to implement a salary increase for juvenile probation and parole officers.
$266,150
$266,150
Amount appropriated in this Act
$88,808,906
$91,298,433
THURSDAY, JANUARY 28, 2016
297
31.2. 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
$24,312,703
Federal Funds and Grants
$743,202
Federal Funds Not Specifically Identified
$743,202
Other Funds
$18,130
Other Funds - Not Specifically Identified
$18,130
State Funds
$23,551,371
State General Funds
$23,551,371
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 76) as amended
$23,535,119
$24,296,451
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$16,252
$16,252
Amount appropriated in this Act
$23,551,371
$24,312,703
31.3. 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
$90,008,705
Federal Funds and Grants
$2,470,420
Federal Funds Not Specifically Identified
$2,470,420
Other Funds
$17,748
Other Funds - Not Specifically Identified
$17,748
State Funds
$87,520,537
State General Funds
$87,520,537
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 76) as amended
$93,787,929
$96,276,097
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$9,702
$9,702
Transfer funds to the Community Services program to implement a salary increase for juvenile probation and parole officers.
($266,150)
($266,150)
298
JOURNAL OF THE HOUSE
Transfer funds to the Community Services program for 40 step-down slots as part of juvenile justice reform initiatives.
Transfer funds to the Secure Detention (RYDCs) program for facility sustainment.
Redirect $500,000 from the Milan Youth Detention Center (YDC) to the Augusta, Eastman, and Sumter YDCs to support recruitment and retention and provide increased security. (G:Yes) (H:Reduce funds from the Milan Youth Detention Center (YDC).)
Redirect $1,257,765 from the Milan Youth Detention Center (YDC) to support facility sustainment costs. (G:Yes) (H:No; Reduce funds from the Milan Youth Detention Center (YDC) and reflect in HB 751.)
Amount appropriated in this Act
($2,389,938) ($1,863,241)
($500,000)
($1,257,765) $87,520,537
($2,389,938) ($1,863,241)
($500,000)
($1,257,765) $90,008,705
31.4. 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
$112,574,055
Federal Funds and Grants
$1,401,767
Federal Funds Not Specifically Identified
$1,401,767
Other Funds
$3,982
Other Funds - Not Specifically Identified
$3,982
State Funds
$111,168,306
State General Funds
$111,168,306
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$109,292,919
$110,698,668
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$12,146
$12,146
Transfer funds from the Secure Commitment (YDCs) program for facility sustainment.
$1,863,241
$1,863,241
Amount appropriated in this Act
$111,168,306
$112,574,055
Section 32: Labor, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified
$132,494,158 $117,319,857 $117,319,857
THURSDAY, JANUARY 28, 2016
299
Other Funds Other Funds - Not Specifically Identified
State Funds State General Funds
Intra-State Government Transfers Other Intra-State Government Payments
$1,842,251 $1,842,251 $13,191,777 $13,191,777
$140,273 $140,273
32.1. 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
$34,014,931
Federal Funds and Grants
$31,312,292
Federal Funds Not Specifically Identified
$31,312,292
Other Funds
$772,585
Other Funds - Not Specifically Identified
$772,585
State Funds
$1,789,781
State General Funds
$1,789,781
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 76) as amended
$1,638,327
$33,863,477
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$1,454
$1,454
Provide funds for a site assessment of state owned field offices.
$150,000
$150,000
Amount appropriated in this Act
$1,789,781
$34,014,931
32.2. 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
$2,394,639
Federal Funds and Grants
$2,394,639
Federal Funds Not Specifically Identified
$2,394,639
32.3. 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
300
JOURNAL OF THE HOUSE
Federal Funds and Grants Federal Funds Not Specifically Identified
State Funds State General Funds
$34,599,186 $34,599,186 $4,228,565 $4,228,565
32.4. 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
$57,256,837
Federal Funds and Grants
$49,013,740
Federal Funds Not Specifically Identified
$49,013,740
Other Funds
$1,069,666
Other Funds - Not Specifically Identified
$1,069,666
State Funds
$7,173,431
State General Funds
$7,173,431
Section 33: 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.
$67,798,739 $3,597,990 $3,597,990 $37,256,814 $37,256,814 $26,943,935 $26,943,935
33.1. 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
$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 76) as amended
$4,818,706
$5,486,395
THURSDAY, JANUARY 28, 2016
301
Transfer funds, 65 positions, and two vehicles to the Department of Law program to consolidate consumer protection activities.
Amount appropriated in this Act
($4,818,706) $0
($5,486,395) $0
33.2. 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
$62,890,270
Other Funds
$37,254,703
Other Funds - Not Specifically Identified
$37,254,703
State Funds
$25,635,567
State General Funds
$25,635,567
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 76) as amended
$20,814,264
$57,401,278
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$2,597
$2,597
Transfer funds, 65 positions, and two vehicles from the Consumer Protection program to consolidate consumer protection activities.
$4,818,706
$5,486,395
Amount appropriated in this Act
$25,635,567
$62,890,270
33.3. 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
$4,908,469
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
$1,308,368
State General Funds
$1,308,368
Section 34: Natural Resources, Department of Total Funds Federal Funds and Grants
$250,049,298 $46,510,538
302
JOURNAL OF THE HOUSE
Federal Highway Administration Highway Planning and Construction
(CFDA 20.205)
Federal 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.
$11,607
$46,498,931 $96,919,142 $23,957,835 $72,961,307 $106,619,618 $106,619,618
34.1. Coastal Resources
Purpose: The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs.
Total Funds
$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
34.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.
Total Funds
$12,009,256
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
$11,860,191
State General Funds
$11,860,191
THURSDAY, JANUARY 28, 2016
303
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$11,845,766
$11,994,831
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$14,425
$14,425
Amount appropriated in this Act
$11,860,191
$12,009,256
34.3. 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
$110,758,928
Federal Funds and Grants
$24,910,777
Federal Funds Not Specifically Identified
$24,910,777
Other Funds
$55,793,855
Agency Funds
$23,957,835
Other Funds - Not Specifically Identified
$31,836,020
State Funds
$30,054,296
State General Funds
$30,054,296
34.4. 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.
304
JOURNAL OF THE HOUSE
Total Funds
$7,027,423
State Funds
$7,027,423
State General Funds
$7,027,423
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,027,423
$4,027,423
Increase funds for hazardous waste cleanup activities.
$3,000,000
$3,000,000
Amount appropriated in this Act
$7,027,423
$7,027,423
34.5. 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
34.6. 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
34.7. Parks, Recreation and Historic Sites Purpose: The purpose of this appropriation is to manage, operate, market, and
THURSDAY, JANUARY 28, 2016
305
maintain the state's golf courses, parks, lodges, conference centers, and historic sites.
Total Funds
$48,892,583
Federal Funds and Grants
$1,704,029
Federal Funds Not Specifically Identified
$1,704,029
Other Funds
$32,391,791
Other Funds - Not Specifically Identified
$32,391,791
State Funds
$14,796,763
State General Funds
$14,796,763
34.8. Solid Waste Trust Fund
Purpose: The purpose of this appropriation is to fund the administration of the scrap tire management activity; 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
34.9. 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
$38,263,572
Federal Funds and Grants
$11,461,866
Federal Funds Not Specifically Identified
$11,461,866
Other Funds
$8,582,849
Other Funds - Not Specifically Identified
$8,582,849
State Funds
$18,218,857
State General Funds
$18,218,857
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$17,924,057
$37,968,772
Increase funds for the Wildlife Endowment Fund based on actual lifetime sportsman's license revenues in FY 2015.
$294,800
$294,800
Amount appropriated in this Act
$18,218,857
$38,263,572
306
JOURNAL OF THE HOUSE
Section 35: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$46,567,662 $806,050 $806,050
$45,761,612 $45,761,612
35.1. Board Administration
Purpose: The purpose of this appropriation is to provide administrative
support for the agency.
Total Funds
$1,327,272
State Funds
$1,327,272
State General Funds
$1,327,272
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,319,596
$1,319,596
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$7,676
$7,676
Amount appropriated in this Act
$1,327,272
$1,327,272
35.2. Clemency Decisions
Purpose: The purpose of this appropriation is to support the Board in
exercising its constitutional authority over executive clemency. This includes
setting tentative parole dates for offenders in the correctional system and all
aspects of parole status of offenders in the community including warrants,
violations, commutations, and revocations. The Board coordinates all
interstate compact release matters regarding the acceptance and placement of
parolees into and from the State of Georgia and administers the pardon
process by reviewing all applications and granting or denying these
applications based on specific criteria.
Total Funds
$12,262,630
State Funds
$12,262,630
State General Funds
$12,262,630
35.3. 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
$32,495,650
THURSDAY, JANUARY 28, 2016
307
Federal Funds and Grants
$806,050
Federal Funds Not Specifically Identified
$806,050
State Funds
$31,689,600
State General Funds
$31,689,600
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$31,782,779
$32,588,829
Reduce funds to reflect projected expenditures.
($93,179)
($93,179)
Amount appropriated in this Act
$31,689,600
$32,495,650
35.4. 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
Section 36: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified
36.1. State Properties Commission
Purpose: The purpose of this appropriation is to maintain long-term plans for state buildings and land; to compile an accessible database of state-owned and leased real property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property acquisitions and dispositions.
Total Funds
$1,750,000
Other Funds
$1,750,000
Other Funds - Not Specifically Identified
$1,750,000
$1,750,000 $1,750,000 $1,750,000
Section 37: Public Defender Council, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds
$51,666,677 $340,000 $340,000
$51,326,677
308
JOURNAL OF THE HOUSE
State General Funds
$51,326,677
37.1. Public Defender 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
$7,445,986
Other Funds
$340,000
Other Funds - Not Specifically Identified
$340,000
State Funds
$7,105,986
State General Funds
$7,105,986
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,097,779
$7,437,779
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$8,207
$8,207
Reflect a change in the program name. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$7,105,986
$7,445,986
37.2. Public Defenders
Purpose: The purpose of this appropriation is to assure that adequate and
effective legal representation is provided, independently of political
considerations or private interests, to indigent persons who are entitled to
representation under this chapter; provided that staffing for circuits are based
on O.C.G.A. 17-12.
Total Funds
$44,220,691
State Funds
$44,220,691
State General Funds
$44,220,691
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 76) as amended
$40,923,986
$40,923,986
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$791
$791
Increase funds to provide an accountability court supplement for circuit public defenders for six newly established accountability courts in the following circuits: Cordele, Houston, Middle, Paulding, Rome, and Toombs.
$27,914
$27,914
Increase funds to provide for contracted attorneys to ensure geographical coverage and capacity for conflict cases.
$3,150,000
$3,150,000
THURSDAY, JANUARY 28, 2016
309
Increase funds to provide salaries and operating expenses in accordance with the Cordele settlement agreement.
Amount appropriated in this Act
$118,000 $44,220,691
$118,000 $44,220,691
Section 38: 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 Intra-State Government Transfers Other Intra-State Government Payments
$650,981,482 $395,911,567
$16,864,606 $2,403,579 $10,404,529 $366,238,853 $13,816,542
$644,830 $13,171,712 $241,062,856 $1,458,567 $225,886,429 $13,717,860
$190,517 $190,517
38.1. 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
(CFDA 93.558)
$10,404,529
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
38.2. Adult Essential Health Treatment Services Purpose: The purpose of this appropriation is to provide treatment and
310
JOURNAL OF THE HOUSE
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
38.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all departmental programs.
Total Funds
$34,963,537
Federal Funds and Grants
$8,312,856
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$1,266,938
Federal Funds Not Specifically Identified
$7,045,918
Other Funds
$3,945,000
Other Funds - Not Specifically Identified
$3,945,000
State Funds
$22,515,164
State General Funds
$22,383,369
Tobacco Settlement Funds
$131,795
Intra-State Government Transfers
$190,517
Other Intra-State Government Payments
$190,517
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$22,381,455
$34,829,828
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$11,513
$11,513
Transfer funds for telehealth infrastructure maintenance from the Immunization program.
$122,196
$122,196
Amount appropriated in this Act
$22,515,164
$34,963,537
38.4. 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
$26,432,174
Federal Funds and Grants
$23,675,473
Maternal and Child Health Services Block Grant (CFDA
93.994)
$350,000
THURSDAY, JANUARY 28, 2016
311
Preventive Health and Health Services Block Grant
(CFDA 93.991)
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds
$200,000
$23,125,473 $171,976 $171,976
$2,584,725 $2,584,725
38.5. 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
$11,337,121
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
$4,562,622
State General Funds
$4,446,985
Tobacco Settlement Funds
$115,637
38.6. Immunization
Purpose: The purpose of this appropriation is to provide immunization,
consultation, training, assessment, vaccines, and technical assistance.
Total Funds
$9,116,698
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
$2,405,510
State General Funds
$2,405,510
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 76) as amended
$2,527,706
$9,238,894
Transfer funds for telehealth infrastructure maintenance to the Departmental Administration program.
($122,196)
($122,196)
Amount appropriated in this Act
$2,405,510
$9,116,698
38.7. 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
312
JOURNAL OF THE HOUSE
and children. 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)
Federal Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds
$47,487,526 $22,745,978
$8,605,171
$132,509
$14,008,298 $3,618,978
$9,403 $3,609,575 $21,122,570 $21,122,570
38.8. 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
$276,554,312
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
$12,838,479
State General Funds
$12,838,479
38.9. 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
38.10. 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
THURSDAY, JANUARY 28, 2016
313
facilities, and swimming pools. Total Funds Federal Funds and Grants Preventive Health and Health Services Block Grant
(CFDA 93.991)
Federal Funds Not Specifically Identified Other Funds
Agency Funds State Funds
State General Funds
$4,848,548 $511,063
$158,382
$352,681 $561,134 $561,134 $3,776,351 $3,776,351
38.11. 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
38.12. 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
$4,659,472
Federal Funds and Grants
$530,680
Federal Funds Not Specifically Identified
$530,680
State Funds
$4,128,792
State General Funds
$4,128,792
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,786,253
$4,316,933
Provide funds for Vital Records moving and relocation costs.
$342,539
$342,539
Amount appropriated in this Act
$4,128,792
$4,659,472
The following appropriations are for agencies attached for administrative purposes.
38.13. 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
314
JOURNAL OF THE HOUSE
State Funds Brain and Spinal Injury Trust Fund
$1,458,567 $1,458,567
38.14. 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 to participate in the accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement.
Total Funds
$16,372,494
State Funds
$16,372,494
State General Funds
$16,372,494
Section 39: 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
$196,916,887 $23,504,462 $23,504,462 $5,336,165 $5,336,165
$144,768,193 $144,768,193
$23,308,067 $23,308,067
39.1. 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
$4,214,748
Federal Funds and Grants
$10,034
Federal Funds Not Specifically Identified
$10,034
Other Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$4,104,714
State General Funds
$4,104,714
39.2. Capitol Police Services Purpose: The purpose of this appropriation is to protect life and property in
THURSDAY, JANUARY 28, 2016
315
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
$8,143,321
Intra-State Government Transfers
$8,143,321
Other Intra-State Government Payments
$8,143,321
39.3. 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
$8,708,524
Federal Funds and Grants
$5,571
Federal Funds Not Specifically Identified
$5,571
Other Funds
$3,510
Other Funds - Not Specifically Identified
$3,510
State Funds
$8,699,443
State General Funds
$8,699,443
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 76) as amended
$8,690,701
$8,699,782
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$8,742
$8,742
Amount appropriated in this Act
$8,699,443
$8,708,524
39.4. 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
$112,264,808
Federal Funds and Grants
$1,888,148
Federal Funds Not Specifically Identified
$1,888,148
Other Funds
$850,000
Other Funds - Not Specifically Identified
$850,000
State Funds
$101,827,952
State General Funds
$101,827,952
316
JOURNAL OF THE HOUSE
Intra-State Government Transfers
$7,698,708
Other Intra-State Government Payments
$7,698,708
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$101,817,527
$112,254,383
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$10,425
$10,425
Utilize existing funds of $1,242,107 for personal services
$0
$0
and operational costs for a 50 man trooper school.
(G:Yes) (H:Yes)
Amount appropriated in this Act
$101,827,952
$112,264,808
39.5. 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
$17,590,922
Federal Funds and Grants
$2,627,825
Federal Funds Not Specifically Identified
$2,627,825
Other Funds
$2,703,467
Other Funds - Not Specifically Identified
$2,703,467
State Funds
$10,073,561
State General Funds
$10,073,561
Intra-State Government Transfers
$2,186,069
Other Intra-State Government Payments
$2,186,069
The following appropriations are for agencies attached for administrative purposes.
39.6. 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
THURSDAY, JANUARY 28, 2016
317
39.7. 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
$22,764,800
Federal Funds and Grants
$17,912,078
Federal Funds Not Specifically Identified
$17,912,078
Other Funds
$337,102
Other Funds - Not Specifically Identified
$337,102
State Funds
$4,316,440
State General Funds
$4,316,440
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 76) as amended
$3,494,886
$21,943,246
Increase funds for driver education and training to reflect the intent of SB 231 (2013 Session).
$821,554
$821,554
Amount appropriated in this Act
$4,316,440
$22,764,800
39.8. 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
$3,306,269
State Funds
$3,306,269
State General Funds
$3,306,269
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 76) as amended
$2,904,319
$2,904,319
Increase funds to provide mandatory training for newly elected sheriffs.
$401,950
$401,950
Amount appropriated in this Act
$3,306,269
$3,306,269
39.9. 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.
318
JOURNAL OF THE HOUSE
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
$19,227,631 $1,060,806 $1,060,806 $1,342,086 $1,342,086 $11,743,950 $11,743,950 $5,080,789 $5,080,789
Section 40: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
40.1. Commission Administration
Purpose: The purpose of this appropriation is to assist the Commissioners and
staff in achieving the agency's goals.
Total Funds
$1,383,733
Federal Funds and Grants
$83,500
Federal Funds Not Specifically Identified
$83,500
State Funds
$1,300,233
State General Funds
$1,300,233
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,299,406
$1,382,906
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$827
$827
Amount appropriated in this Act
$1,300,233
$1,383,733
40.2. 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
$9,826,325 $1,343,100 $1,343,100 $8,483,225 $8,483,225
THURSDAY, JANUARY 28, 2016
319
State Funds State General Funds
$1,048,728 $1,048,728
40.3. 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
$6,162,764
Federal Funds and Grants
$28,500
Federal Funds Not Specifically Identified
$28,500
State Funds
$6,134,264
State General Funds
$6,134,264
Section 41: 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
$7,108,142,454 $5,087,746,763 $2,893,701,537
$5,125,814 $606,000
$2,188,313,412 $2,020,395,691 $2,020,148,533
$247,158
41.1. 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
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$38,494,527
$76,047,446
320
JOURNAL OF THE HOUSE
Utilize existing funds to match institution merit increases. (H:Yes)
Amount appropriated in this Act
$0 $38,494,527
$0 $76,047,446
41.2. 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
41.3. 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
$63,621,347
Other Funds
$31,333,929
Agency Funds
$21,333,929
Research Funds
$10,000,000
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 76) as amended
$32,287,418
$63,621,347
Utilize existing funds to match institution merit increases. (H:Yes)
$0
$0
Amount appropriated in this Act
$32,287,418
$63,621,347
41.4. 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
$19,490,935
Other Funds
$10,900,000
Agency Funds
$10,900,000
State Funds
$8,590,935
State General Funds
$8,590,935
THURSDAY, JANUARY 28, 2016
321
41.5. 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
$1,386,419
Other Funds
$575,988
Agency Funds
$100,000
Research Funds
$475,988
State Funds
$810,431
State General Funds
$810,431
41.6. 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
41.7. 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
$5,528,725
Other Funds
$882,473
Agency Funds
$276,473
Records Center Storage Fee
$606,000
State Funds
$4,646,252
State General Funds
$4,646,252
41.8. 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
$4,466,022
Other Funds
$4,466,022
322
JOURNAL OF THE HOUSE
Other Funds - Not Specifically Identified
$4,466,022
41.9. 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
$367,445,871
Other Funds
$361,751,431
Research Funds
$361,751,431
State Funds
$5,694,440
State General Funds
$5,694,440
41.10. 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
$1,413,279
Other Funds
$486,281
Agency Funds
$118,633
Research Funds
$367,648
State Funds
$926,998
State General Funds
$926,998
41.11. 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
41.12. 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
THURSDAY, JANUARY 28, 2016
323
41.13. 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
Other Funds
$5,222,400
Agency Funds
$5,222,400
State Funds
$32,869,520
State General Funds
$32,869,520
41.14. 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
$32,691,972
State Funds
$32,691,972
State General Funds
$32,444,814
Tobacco Settlement Funds
$247,158
41.15. 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
41.16. 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
41.17. 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.
324
JOURNAL OF THE HOUSE
Total Funds
$6,394,751,347
Other Funds
$4,598,893,472
Agency Funds
$2,817,900,747
Research Funds
$1,780,992,725
State Funds
$1,795,857,875
State General Funds
$1,795,857,875
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as $1,795,857,875 amended
$6,394,751,347
Provide funds for operating expenses for the Cordele
$0
$0
Center at Darton State College. (H:Yes; Utilize existing
funds for operating expenses for the Cordele Center at
Darton State College. )
Utilize existing funds to match institution merit increases
$0
$0
in Agricultural Experiment Station and Cooperative
Extension Service programs. (H:Yes)
Amount appropriated in this Act
$1,795,857,875 $6,394,751,347
41.18. 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
41.19. 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
$14,917,163
Other Funds
$14,500,000
Agency Funds
$14,500,000
State Funds
$417,163
State General Funds
$417,163
The following appropriations are for agencies attached for administrative purposes.
THURSDAY, JANUARY 28, 2016
325
41.20. 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
$3,547,852
State Funds
$3,547,852
State General Funds
$3,547,852
41.21. 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
$14,997,510
State Funds
$14,997,510
State General Funds
$14,997,510
Section 42: 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
$197,026,333 $819,087 $251,507 $567,580
$196,207,246 $195,773,463
$433,783
42.1. 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
$13,726,968
Federal Funds and Grants
$225,580
Federal Funds Not Specifically Identified
$225,580
State Funds
$13,501,388
State General Funds
$13,501,388
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 76) as amended
$13,726,342
$13,951,922
Redistribute funds to properly align budget to expenditures.
($224,954)
($224,954)
Amount appropriated in this Act
$13,501,388
$13,726,968
326
JOURNAL OF THE HOUSE
42.2. 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
$10,407,328
State Funds
$10,407,328
State General Funds
$10,407,328
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,113,036
$8,113,036
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$11,377
$11,377
Redistribute funds to properly align budget to expenditures.
$1,641,502
$1,641,502
Transfer nine positions and operating expenses for facilities and mailroom operations from the Office of Special Investigations program.
$641,413
$641,413
Amount appropriated in this Act
$10,407,328
$10,407,328
42.3. 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
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$14,072,351
$14,072,351
Increase funds for Forestland Protection grants to meet projected need.
$15,000,000
$15,000,000
Amount appropriated in this Act
$29,072,351
$29,072,351
42.4. 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
THURSDAY, JANUARY 28, 2016
327
State General Funds
$1,250,000
42.5. Industry Regulation
Purpose: The purpose of this appropriation is to provide regulation of the
distribution, sale, and consumption of alcoholic beverages and tobacco
products, and conduct checkpoints in areas where reports indicate the use of
dyed fuels in on-road vehicles.
Total Funds
$7,240,011
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
$6,868,504
State General Funds
$6,434,721
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 76) as amended
$6,048,349
$6,419,856
Redistribute funds to properly align budget to expenditures.
$820,155
$820,155
Amount appropriated in this Act
$6,868,504
$7,240,011
42.6. 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
$4,705,280
State Funds
$4,705,280
State General Funds
$4,705,280
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,873,457
$4,873,457
Redistribute funds to properly align budget to expenditures.
($168,177)
($168,177)
Amount appropriated in this Act
$4,705,280
$4,705,280
42.7. 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
$11,822,207
State Funds
$11,822,207
328
JOURNAL OF THE HOUSE
State General Funds
$11,822,207
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$13,011,424
$13,011,424
amended
Reduce funds to align budget with projected expenditures.
($1,189,217)
($1,189,217)
Amount appropriated in this Act
$11,822,207
$11,822,207
42.8. 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
$30,219,310
State Funds
$30,219,310
State General Funds
$30,219,310
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$19,566,913
$19,566,913
Redistribute funds to properly align budget to expenditures.
$9,552,397
$9,552,397
Increase funds to meet projected expenditures for tag production.
$1,100,000
$1,100,000
Amount appropriated in this Act
$30,219,310
$30,219,310
42.9. Office of Special Investigations
Purpose: The purpose of this appropriation is to investigate fraudulent
taxpayer and criminal activities involving department efforts.
Total Funds
$4,594,161
State Funds
$4,594,161
State General Funds
$4,594,161
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,955,313
$3,955,313
Redistribute funds to properly align budget to expenditures.
$1,280,261
$1,280,261
Transfer nine positions and operating expenses for facilities and mailroom operations to the Administration program.
($641,413)
($641,413)
Amount appropriated in this Act
$4,594,161
$4,594,161
THURSDAY, JANUARY 28, 2016
329
42.10. 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
$13,296,737
State Funds
$13,296,737
State General Funds
$13,296,737
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 76) as amended
$13,613,917
$13,613,917
Redistribute funds to properly align budget to expenditures.
($317,180)
($317,180)
Amount appropriated in this Act
$13,296,737
$13,296,737
42.11. Tax Compliance
Purpose: The purpose of this appropriation is to audit tax accounts, ensure
compliance, and collect on delinquent accounts.
Total Funds
$52,799,929
Federal Funds and Grants
$222,000
Federal Funds Not Specifically Identified
$222,000
State Funds
$52,577,929
State General Funds
$52,577,929
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$54,604,522
$54,826,522
Redistribute funds to properly align budget to expenditures.
($2,026,593)
($2,026,593)
Amount appropriated in this Act
$52,577,929
$52,799,929
42.12. 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
$3,928,672
State Funds
$3,928,672
State General Funds
$3,928,672
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
330
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended Redistribute funds to properly align budget to expenditures.
Amount appropriated in this Act
State Funds $3,127,866
$800,806
$3,928,672
Total Funds $3,127,866
$800,806
$3,928,672
42.13. 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
$13,963,379
State Funds
$13,963,379
State General Funds
$13,963,379
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$25,321,596
$25,321,596
Redistribute funds to properly align budget to expenditures.
($11,358,217)
($11,358,217)
Amount appropriated in this Act
$13,963,379
$13,963,379
Section 43: 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
43.1. 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
$4,610,599
Other Funds
$3,775,096
Other Funds - Not Specifically Identified
$3,775,096
State Funds
$835,503
State General Funds
$835,503
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
$29,125,178 $85,000 $85,000
$4,723,849 $4,723,849 $24,316,329 $24,316,329
THURSDAY, JANUARY 28, 2016
331
Amount from previous Appropriations Act (HB 76) as amended Adjust funding based on projected expenditures.
Amount appropriated in this Act
State Funds $943,462
($107,959) $835,503
Total Funds $4,718,558
($107,959) $4,610,599
43.2. 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
$5,505,761
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
$5,370,761
State General Funds
$5,370,761
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 76) as amended
$5,369,670
$5,504,670
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$1,091
$1,091
Amount appropriated in this Act
$5,370,761
$5,505,761
43.3. 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
$2,784,729
State Funds
$2,784,729
State General Funds
$2,784,729
43.4. 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
$3,298,060
Other Funds
$15,000
332
JOURNAL OF THE HOUSE
Other Funds - Not Specifically Identified
$15,000
State Funds
$3,283,060
State General Funds
$3,283,060
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,304,322
$3,319,322
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$3,081
$3,081
Adjust funding based on projected expenditures.
($24,343)
($24,343)
Amount appropriated in this Act
$3,283,060
$3,298,060
43.5. 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
$8,966,241
Other Funds
$813,753
Other Funds - Not Specifically Identified
$813,753
State Funds
$8,152,488
State General Funds
$8,152,488
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,150,375
$8,964,128
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$2,113
$2,113
Amount appropriated in this Act
$8,152,488
$8,966,241
43.6. 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, examination, investigation, and administrative enforcement actions.
Total Funds
$682,688
Other Funds
$50,000
Other Funds - Not Specifically Identified
$50,000
State Funds
$632,688
State General Funds
$632,688
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
THURSDAY, JANUARY 28, 2016
333
Amount from previous Appropriations Act (HB 76) as amended Adjust funding based on projected expenditures.
Amount appropriated in this Act
State Funds $668,528
($35,840) $632,688
Total Funds $718,528
($35,840) $682,688
The following appropriations are for agencies attached for administrative purposes.
43.7. 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
$284,249
Other Funds
$20,000
Other Funds - Not Specifically Identified
$20,000
State Funds
$264,249
State General Funds
$264,249
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$264,236
$284,236
Increase funds for TeamWorks to comply with the new
$13
$13
IRS reporting requirements on insurers and employers
required by the Patient Protection and Affordable Care
Act (PPACA).
Amount appropriated in this Act
$264,249
$284,249
43.8. 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
$2,992,851
State Funds
$2,992,851
State General Funds
$2,992,851
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,991,468
$2,991,468
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$1,383
$1,383
Amount appropriated in this Act
$2,992,851
$2,992,851
334
JOURNAL OF THE HOUSE
Section 44: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
$769,600,217 $38,650 $38,650
$713,673 $713,673 $768,247,894 $686,803,015 $81,444,879 $600,000 $600,000
44.1. Engineer Scholarship
Purpose: The purpose of this appropriation is to provide forgivable loans to
Georgia residents who are engineering students and retain those students as
engineers in the State.
Total Funds
$1,029,000
State Funds
$1,029,000
State General Funds
$1,029,000
44.2. 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
44.3. 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
44.4. 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
THURSDAY, JANUARY 28, 2016
335
public technical colleges. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds Intra-State Government Transfers Other Intra-State Government Payments
$9,079,400 $38,650 $38,650
$230,950 $230,950 $8,209,800 $8,209,800 $600,000 $600,000
44.5. HOPE GED
Purpose: The purpose of this program is to encourage Georgia's General Educational Development (GED) recipients to pursue education beyond the high school level at an eligible postsecondary institution located in Georgia.
Total Funds
$1,930,296
State Funds
$1,930,296
Lottery Funds
$1,930,296
44.6. 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
44.7. 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
44.8. 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
$493,686,600
State Funds
$493,686,600
Lottery Funds
$493,686,600
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
336
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Increase funds to meet the projected need for the HOPE Scholarships - Public Schools. Increase funds to meet the projected need for Zell Miller Scholarship students attending public postsecondary institutions.
Amount appropriated in this Act
State Funds $463,360,413 $27,137,028
$3,189,159
$493,686,600
Total Funds $463,360,413 $27,137,028
$3,189,159
$493,686,600
44.9. 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 or technical 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
$27,000,000
State Funds
$27,000,000
Lottery Funds
$26,000,000
State General Funds
$1,000,000
44.10. Move on When Ready
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
$49,125,863
State Funds
$49,125,863
State General Funds
$49,125,863
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$28,892,039
$28,892,039
Reflect a change in the program name. (G:Yes) (H:Yes)
$0
$0
Increase funds to meet the projected need.
$20,233,824
$20,233,824
Amount appropriated in this Act
$49,125,863
$49,125,863
44.11. North Ga. Military Scholarship Grants
Purpose: The purpose of this appropriation is to provide outstanding students
with a full scholarship to attend North Georgia College and State University,
thereby strengthening Georgia's Army National Guard with their membership.
Total Funds
$2,833,976
Other Funds
$482,723
THURSDAY, JANUARY 28, 2016
337
Other Funds - Not Specifically Identified
$482,723
State Funds
$2,351,253
State General Funds
$2,351,253
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 76) as amended
$1,825,445
$2,308,168
Increase funds to meet the projected need.
$525,808
$525,808
Amount appropriated in this Act
$2,351,253
$2,833,976
44.12. North Georgia ROTC Grants
Purpose: The purpose of this appropriation is to provide Georgia residents
with non-repayable financial assistance to attend North Georgia College and
State University and to participate in the Reserve Officers Training Corps
program.
Total Funds
$1,237,500
State Funds
$1,237,500
State General Funds
$1,237,500
44.13. 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
44.14. 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
44.15. 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.
338
JOURNAL OF THE HOUSE
Total Funds State Funds
State General Funds
$21,224,952 $21,224,952 $21,224,952
The following appropriations are for agencies attached for administrative purposes.
44.16. Nonpublic Postsecondary Education Commission
Purpose: The purpose of this appropriation is to authorize private
postsecondary schools in Georgia; provide transcripts for students who
attended schools that closed; and resolve complaints.
Total Funds
$873,071
State Funds
$873,071
State General Funds
$873,071
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.
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
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
$36,002,746
Intra-State Government Transfers
$36,002,746
Retirement Payments
$36,002,746
$36,319,746 $317,000 $317,000
$36,002,746 $36,002,746
THURSDAY, JANUARY 28, 2016
339
Section 46: Technical College System of Georgia Total Funds Federal Funds and Grants Child Care and Development Block Grant (CFDA 93.575) 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
$781,471,387 $81,691,954 $2,221,675 $79,470,279
$356,501,704 $356,304,934
$196,770 $340,025,630 $340,025,630
$3,252,099 $3,252,099
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
$40,302,299
Federal Funds and Grants
$19,324,577
Federal Funds Not Specifically Identified
$19,324,577
Other Funds
$6,485,279
Agency Funds
$6,485,279
State Funds
$14,492,443
State General Funds
$14,492,443
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
$8,923,868
Other Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$8,723,353
State General Funds
$8,723,353
Intra-State Government Transfers
$100,515
Other Intra-State Government Payments
$100,515
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
340
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Amount appropriated in this Act
State Funds $8,719,592
$3,761
$8,723,353
Total Funds $8,920,107
$3,761
$8,923,868
46.3. Quick Start and Customized Services
Purpose: The purpose of this appropriation is to promote job creation and
retention by developing and delivering customized workforce training for
Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain
competitive in the global marketplace.
Total Funds
$22,028,769
Federal Funds and Grants
$171,029
Federal Funds Not Specifically Identified
$171,029
Other Funds
$8,745,822
Agency Funds
$8,745,822
State Funds
$13,060,918
State General Funds
$13,060,918
Intra-State Government Transfers
$51,000
Other Intra-State Government Payments
$51,000
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 76) as amended
$13,060,226
$22,028,077
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$692
$692
Amount appropriated in this Act
$13,060,918
$22,028,769
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
$710,216,451
Federal Funds and Grants
$62,196,348
Child Care and Development Block Grant (CFDA 93.575)
$2,221,675
Federal Funds Not Specifically Identified
$59,974,673
Other Funds
$341,170,603
THURSDAY, JANUARY 28, 2016
341
Agency Funds
$341,073,833
Other Funds - Not Specifically Identified
$96,770
State Funds
$303,748,916
State General Funds
$303,748,916
Intra-State Government Transfers
$3,100,584
Other Intra-State Government Payments
$3,100,584
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$303,662,180
$710,129,715
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$86,736
$86,736
Amount appropriated in this Act
$303,748,916
$710,216,451
Section 47: Transportation, Department of
Total Funds
$3,335,934,722
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
$14,041,037
Other Funds - Not Specifically Identified
$78,736,433
State Funds
$1,649,250,709
Motor Fuel Funds
$1,605,915,300
State General Funds
$43,335,409
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
342
JOURNAL OF THE HOUSE
as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. d.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. e.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses.
47.1. 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
$1,665,528,722
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
$684,975,593
Motor Fuel Funds
$684,975,593
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$223,238,790
$1,203,791,919
Increase funds to recognize additional revenue from HB $461,736,803 170 (2015 Session) for capital construction.
$461,736,803
Amount appropriated in this Act
$684,975,593 $1,665,528,722
47.2. Capital Maintenance Projects
Purpose: The purpose of this appropriation is to provide funding for Capital
Outlay for maintenance projects.
Total Funds
$283,168,959
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
$99,600,000
Motor Fuel Funds
$99,600,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
THURSDAY, JANUARY 28, 2016
343
Amount from previous Appropriations Act (HB 76) as amended Increase funds to recognize additional revenue from HB 170 (2015 Session) for capital maintenance.
Amount appropriated in this Act
State Funds $41,483,404
$58,116,596
$99,600,000
Total Funds $225,052,363
$58,116,596
$283,168,959
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
$4,298,619
State Funds
$82,124,154
Motor Fuel Funds
$82,124,154
Intra-State Government Transfers
$165,000
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
$12,390,860
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
Other Funds - Not Specifically Identified
$233,000
State Funds
$1,825,346
Motor Fuel Funds
$1,825,346
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 76) as amended
$2,825,346
$13,390,860
Transfer funds to the Departmental Administration program to align budget to expenditures.
($1,000,000)
($1,000,000)
344
JOURNAL OF THE HOUSE
Amount appropriated in this Act
$1,825,346
$12,390,860
47.5. Departmental Administration
Purpose: The purpose of this appropriation is to plan, construct, maintain, and
improve the state's roads and bridges and to provide planning and financial
support for other modes of transportation such as mass transit, airports,
railroads, and waterways.
Total Funds
$70,987,321
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
Other Funds - Not Specifically Identified
$238,000
State Funds
$59,010,528
Motor Fuel Funds
$59,010,528
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 76) as amended
$55,760,528
$67,737,321
Transfer funds from the Planning ($750,000) and Data Collection, Compliance, and Reporting ($1,000,000) programs to align budget to expenditures.
$1,750,000
$1,750,000
Increase funds to recognize additional revenue from HB 170 (2015 Session) for departmental administration.
$1,500,000
$1,500,000
Amount appropriated in this Act
$59,010,528
$70,987,321
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
$85,203,328
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
$17,559,727
State General Funds
$17,559,727
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 76) as amended
$16,321,171
$83,964,772
THURSDAY, JANUARY 28, 2016
345
Increase funds for Airport Aid grants based on projected revenues resulting from HB 170 (2015 Session).
Amount appropriated in this Act
$1,238,556 $17,559,727
$1,238,556 $85,203,328
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
$160,591,530
State Funds
$160,591,530
Motor Fuel Funds
$160,591,530
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 76) as amended
$124,470,000
$124,470,000
Increase funds to recognize additional revenue from HB 170 (2015 Session) for Local Maintenance and Improvement grants.
$36,121,530
$36,121,530
Amount appropriated in this Act
$160,591,530
$160,591,530
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
$16,204,182
Federal Funds and Grants
$14,683,804
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$14,683,804
State Funds
$1,520,378
346
JOURNAL OF THE HOUSE
Motor Fuel Funds
$1,520,378
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 76) as
$2,270,378
$16,954,182
amended
Transfer funds to the Departmental Administration program to align budget to expenditures.
($750,000)
($750,000)
Amount appropriated in this Act
$1,520,378
$16,204,182
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 rightsof-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
$446,504,795
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
$416,339,439
Motor Fuel Funds
$416,339,439
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 76) as amended
$216,339,439
$246,504,795
Increase funds to recognize additional revenue from HB $200,000,000 170 (2015 Session) for routine maintenance.
$200,000,000
Amount appropriated in this Act
$416,339,439
$446,504,795
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
THURSDAY, JANUARY 28, 2016
347
Federal Funds and Grants Federal Highway Administration Highway Planning
and Construction (CFDA 20.205) Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Motor Fuel Funds
$46,110,542
$46,110,542
$25,534,484 $12,342,969 $13,191,515 $21,871,601 $21,871,601
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
$250,010,024
Federal Funds and Grants
$150,524,072
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$150,524,072
State Funds
$99,485,952
Motor Fuel Funds
$73,710,270
State General Funds
$25,775,682
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$99,485,952
$250,010,024
Replace $18,136,143 in motor fuel funds with state general funds. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$99,485,952
$250,010,024
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
$38,826,072 $14,855,830 $14,855,830 $3,131,422 $2,381,422
$750,000 $20,838,820 $20,838,820
348
JOURNAL OF THE HOUSE
supervise all aspects of department operations to include financial, public
information, personnel, accounting, purchasing, supply, mail, records
management, and information technology.
Total Funds
$1,955,385
State Funds
$1,955,385
State General Funds
$1,955,385
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,801,404
$1,801,404
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$1,503
$1,503
Provide funds for the Vietnam War Certificate of Honor initiative.
$25,000
$25,000
Transfer funds from the Georgia War Veterans Nursing Home program to reflect projected expenditures.
$52,478
$52,478
Transfer funds from the Georgia Veterans Memorial Cemetery program to reflect projected expenditures.
$75,000
$75,000
Amount appropriated in this Act
$1,955,385
$1,955,385
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
$764,090
Federal Funds and Grants
$178,004
Federal Funds Not Specifically Identified
$178,004
State Funds
$586,086
State General Funds
$586,086
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 76) as amended
$661,086
$839,090
Transfer funds to the Administration program to reflect projected expenditures.
($75,000)
($75,000)
Amount appropriated in this Act
$586,086
$764,090
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
$27,580,682
Federal Funds and Grants
$13,300,386
Federal Funds Not Specifically Identified
$13,300,386
THURSDAY, JANUARY 28, 2016
349
Other Funds
$2,381,422
Agency Funds
$2,381,422
State Funds
$11,898,874
State General Funds
$11,898,874
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$11,951,352
$27,633,160
Transfer funds to the Administration program to reflect projected expenditures.
($52,478)
($52,478)
Amount appropriated in this Act
$11,898,874
$27,580,682
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
$8,525,915
Federal Funds and Grants
$1,377,440
Federal Funds Not Specifically Identified
$1,377,440
Other Funds
$750,000
Other Funds - Not Specifically Identified
$750,000
State Funds
$6,398,475
State General Funds
$6,398,475
Section 49: Workers' Compensation, State Board of Total Funds Other Funds Other Funds - Not Specifically Identified 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
$12,750,803
Other Funds
$308,353
Other Funds - Not Specifically Identified
$308,353
State Funds
$12,442,450
State General Funds
$12,442,450
$22,693,779 $373,832 $373,832
$22,319,947 $22,319,947
350
JOURNAL OF THE HOUSE
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
$9,942,976
Other Funds
$65,479
Other Funds - Not Specifically Identified
$65,479
State Funds
$9,877,497
State General Funds
$9,877,497
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$9,875,906
$9,941,385
Increase funds for TeamWorks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
$1,591
$1,591
Amount appropriated in this Act
$9,877,497
$9,942,976
Section 50: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$1,234,718,435 $20,010,634 $20,010,634
$1,214,707,801 $1,214,707,801
50.1. GO Bonds Issued
Total Funds
$1,116,790,826
Federal Funds and Grants
$20,010,634
Federal Funds Not Specifically Identified
$20,010,634
State Funds
$1,096,780,192
State General Funds
$1,096,780,192
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 76) as $1,096,780,192 amended
$1,116,790,826
Replace $136,777,277 in motor fuel funds with state
$0
$0
general funds for debt service on road and bridge
projects. (H:Yes)
Increase funds for debt service. (H:No)
$0
$0
Amount appropriated in this Act
$1,096,780,192 $1,116,790,826
THURSDAY, JANUARY 28, 2016
351
50.2. GO Bonds New
Total Funds
$117,927,609
State Funds
$117,927,609
State General Funds
$117,927,609
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
352
JOURNAL OF THE HOUSE
by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 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
THURSDAY, JANUARY 28, 2016
353
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.
[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.
354
JOURNAL OF THE HOUSE
[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, $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.
[Bond # 22] 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.
[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,
THURSDAY, JANUARY 28, 2016
355
development, extension, enlargement, or improvement of land, waters, 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, $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, development, extension, enlargement, or improvement of land, waters, 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 # 25] 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.
[Bond # 26] 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.
[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
356
JOURNAL OF THE HOUSE
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, $342,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 31] 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 # 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 not more than $4,000,000 in principal amount of General Obligation Debt, the
THURSDAY, JANUARY 28, 2016
357
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, $2,501,434 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,810,000 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 public libraries or boards of trustees of public library systems through the
358
JOURNAL OF THE HOUSE
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, $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 # 41] From State General Funds, $436,189 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 $1,885,000 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, $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 # 43] 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 # 44] 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 of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 45] From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of
THURSDAY, JANUARY 28, 2016
359
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 # 46] 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.
[Bond # 47] 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 # 48] 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 # 49] 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.
[Bond # 50] 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.
[Bond # 51] 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,
360
JOURNAL OF THE HOUSE
property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 52] From State General Funds, $1,602,620 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 $17,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 53] 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 # 54] 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 # 55] 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.
[Bond # 56] 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.
THURSDAY, JANUARY 28, 2016
361
[Bond # 57] 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 # 58] 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 # 59] 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 # 60] 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.
[Bond # 61] 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.
[Bond # 62] 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
362
JOURNAL OF THE HOUSE
$650,000 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, $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 # 64] 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.
[Bond # 65] 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.
[Bond # 66] 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 # 67] From State General Funds, $189,748 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 $820,000 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, $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,
THURSDAY, JANUARY 28, 2016
363
waters, 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 # 69] 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 # 70] 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 # 71] 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.
[Bond # 72] 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 # 73] 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
364
JOURNAL OF THE HOUSE
have maturities not in excess of two hundred and forty months.
[Bond # 74] 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 # 75] 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 # 76] 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 # 77] From State General Funds, $347,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 78] 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 # 79] 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
THURSDAY, JANUARY 28, 2016
365
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 # 80] 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 # 81] 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 # 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, $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.
[Bond # 84] 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 # 85] 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,
366
JOURNAL OF THE HOUSE
enlargement, or improvement of land, waters, 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 # 86] 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 # 87] 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 # 88] 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.
[Bond # 89] 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 # 90] 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.
THURSDAY, JANUARY 28, 2016
367
[Bond # 91] 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 # 92] 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 # 93] 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 # 94] 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.
[Bond # 95] 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 # 96] 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
368
JOURNAL OF THE HOUSE
$500,000 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, $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 # 98] 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 # 99] 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 # 100] 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.
[Bond # 101] 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 # 102] 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,
THURSDAY, JANUARY 28, 2016
369
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 # 103] 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 # 104] 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 # 105] 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 # 106] 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 # 107] 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 # 108] From State General Funds, $578,500 is specifically appropriated for the purpose of financing projects and facilities for the State Accounting
370
JOURNAL OF THE HOUSE
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 # 109] 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 # 110] 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 # 111] 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.
[Bond # 112] From State General Funds, $694,200 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 113] 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.
THURSDAY, JANUARY 28, 2016
371
[Bond # 114] 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 # 115] From State General Funds, $2,314,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 116] From State General Funds, $256,800 is specifically appropriated for the purpose of financing projects and facilities for the State Soil and Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 117] 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 # 118] 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.
[Bond # 120] 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,
372
JOURNAL OF THE HOUSE
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 # 121] 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 # 122] 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 # 123] 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 # 124] 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.
[Bond # 125] 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 # 126] 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,
THURSDAY, JANUARY 28, 2016
373
extension, enlargement, or improvement of land, waters, 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 # 127] 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 # 128] From State General Funds, $1,809,644 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 $19,930,000 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, $519,376 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 $5,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 130] 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 # 131] 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.
374
JOURNAL OF THE HOUSE
[Bond # 132] From State General Funds, $9,960,000 is specifically appropriated for the purpose of financing projects and facilities for the State Road and Tollway 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 $75,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 133] 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 # 134] From State General Funds, $208,840 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 135] 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 # 136] From State General Funds, $408,600 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 $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.
THURSDAY, JANUARY 28, 2016
375
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), 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.
and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 134, Act No. 2, 2011 Regular Session, H.B. 77), and as carried forward 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, extension, enlargement, or improvement of land, waters, 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,
376
JOURNAL OF THE HOUSE
commencing at p. 1 of 164, 162, Act No. 684, 2010 Regular Session, H.B. 948), 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.
and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 142, Act No. 2, 2011 Regular Session, H.B. 77), and as carried forward 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), 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 improvement of land, waters, 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.
and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 142, Act No. 2, 2011 Regular Session, H.B. 77), and as carried forward reads as follows:
THURSDAY, JANUARY 28, 2016
377
[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), amended by Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2013, Volume One Appendix, commencing at p. 1 of 131, 130, Act No. 11, 2013 Regular Session, H.B. 105), and as amended reads as follows:
[Bond # 42] From State General Funds, $60,060 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
is hereby repealed in its entirety.
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
378
JOURNAL OF THE HOUSE
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.
Section 53: Refunds
In addition to all other appropriations, there is hereby appropriated, as needed,
THURSDAY, JANUARY 28, 2016
379
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 detail for authorizations for general obligation debt in Section 50 shall be the authorizing paragraphs.
380
JOURNAL OF THE HOUSE
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 750, designating Representative Burns of the 159th as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 750 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.
THURSDAY, JANUARY 28, 2016
381
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
E Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T E 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 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 176, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
382
JOURNAL OF THE HOUSE
Representative England of the 116th asked unanimous consent that HB 750 be immediately transmitted to the Senate.
It was so ordered.
The following Resolutions of the House were read and adopted:
HR 1201. By Representative Nimmer of the 178th:
A RESOLUTION recognizing and commending the 2015 Pierce County High School Competition Cheerleaders; and for other purposes.
HR 1202. By Representative Nimmer of the 178th:
A RESOLUTION recognizing and commending Alexus Shaw on her successful track season; and for other purposes.
HR 1203. By Representatives Kaiser of the 59th, Abrams of the 89th, Smyre of the 135th, Gardner of the 57th, Bruce of the 61st and others:
A RESOLUTION commending Congressman John Lewis through the naming of a new class of fleet oilers; and for other purposes
HR 1204. By Representatives Dickey of the 140th, Bentley of the 139th, Harden of the 148th, Taylor of the 173rd, Powell of the 171st and others:
A RESOLUTION commending the Miss Georgia Peach Scholarship Pageant and congratulating the 2015 Georgia Peach Queens; and for other purposes.
HR 1205. By Representatives Rogers of the 29th, Williams of the 119th, Dempsey of the 13th, Smyre of the 135th, Gasaway of the 28th and others:
A RESOLUTION recognizing and commending Stephanie Jackson; and for other purposes
HR 1206. By Representatives McCall of the 33rd, England of the 116th, Burns of the 159th, Dickey of the 140th, Nimmer of the 178th and others:
A RESOLUTION recognizing January 17, 2016, as Georgia Agribusiness Council's 50th Anniversary; and for other purposes
HR 1207. By Representatives Parrish of the 158th, Tankersley of the 160th, Stephens of the 164th, Atwood of the 179th, Burns of the 159th and others:
THURSDAY, JANUARY 28, 2016
383
A RESOLUTION recognizing and commending Mr. Gary Drake on the grand occasion of his retirement from Excelsior Electric Membership Corporation; and for other purposes.
HR 1208. By Representatives Douglas of the 78th, Scott of the 76th, Mabra of the 63rd, Hitchens of the 161st, Jordan of the 77th and others:
A RESOLUTION honoring and celebrating the 40th birthday of Trooper Carlos Searcy; and for other purposes.
HR 1209. 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 2016 GHSA Class AAAAA Duals State Championship for a second consecutive year; and for other purposes.
HR 1210. By Representatives Jones of the 167th, Atwood of the 179th, Wilkinson of the 52nd and Spencer of the 180th:
A RESOLUTION commending Mr. Zarak C. Hasbrouck for his outstanding public service; and for other purposes.
HR 1211. By Representatives Dukes of the 154th, Ealum of the 153rd and Greene of the 151st:
A RESOLUTION recognizing Commissioner John M. Hayes; and for other purposes.
HR 1212. 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. M.E. "Red" Cantrell; and for other purposes.
HR 1213. By Representatives Powell of the 32nd, Lumsden of the 12th, Taylor of the 173rd, Jasperse of the 11th, McCall of the 33rd and others:
A RESOLUTION honoring and commending the firefighters of Georgia and recognizing February 2, 2016, as the 44th annual Firefighters Recognition Day at the capitol; and for other purposes.
384
JOURNAL OF THE HOUSE
HR 1214. By Representatives Houston of the 170th, Dempsey of the 13th, Meadows of the 5th, Oliver of the 82nd, Chandler of the 105th and others:
A RESOLUTION recognizing and commending Mr. Clark Howard; and for other purposes.
HR 1215. By Representatives Rogers of the 29th, Williams of the 119th, Dempsey of the 13th, Smyre of the 135th, Gasaway of the 28th and others:
A RESOLUTION recognizing and commending Christian Tetzlaff; and for other purposes.
HR 1216. By Representatives Marin of the 96th, McClain of the 100th, Bennett of the 94th, Mitchell of the 88th, Holcomb of the 81st and others:
A RESOLUTION recognizing the United Ebony Society of Gwinnett County, Incorporated; and for other purposes.
HR 1217. By Representatives Dickerson of the 113th, Yates of the 73rd, Stephenson of the 90th, Dawkins-Haigler of the 91st, Carter of the 92nd and others:
A RESOLUTION recognizing Anita and Dave Smith; and for other purposes.
HR 1218. By Representatives Hugley of the 136th, Smith of the 134th, Smyre of the 135th and Buckner of the 137th:
A RESOLUTION honoring Ms. Patricia Gant; and for other purposes.
HR 1219. By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Kirby of the 114th and Carter of the 92nd:
A RESOLUTION commending Mr. Grady Jarrett; and for other purposes.
HR 1220. 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. Bennie Horace Fouts; and for other purposes.
HR 1221. By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Belton of the 112th and Carter of the 92nd:
THURSDAY, JANUARY 28, 2016
385
A RESOLUTION commending Mr. Akeem Hunt; and for other purposes.
HR 1222. By Representatives Dawkins-Haigler of the 91st, Metze of the 55th, Jones of the 53rd and Stephenson of the 90th:
A RESOLUTION commending Delta Sigma Theta Sorority, Inc., for its continued commitment to public service and its collective contributions in helping to make the State of Georgia a better place to live and work and recognizing February 1, 2016, as Delta Day at the state capitol; and for other purposes.
HR 1223. By Representatives Carson of the 46th, Casas of the 107th and Coomer of the 14th:
A RESOLUTION commending Georgia students of Classical Conversations, Inc.; and for other purposes.
HR 1224. 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. Daniel Aaron Summer; and for other purposes.
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 1, 2016, 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 1, 2016.
386
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Monday, February 1, 2016
Thirteenth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Belton Bennett, K Bennett, T Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Chandler Cheokas Clark, D E Clark, H Clark, V Coleman Cooke
E 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 Fludd Frazier Frye Gasaway Gilligan Glanton Gordon Gravley Greene Harden Harrell
Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L E Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Metze Mitchell Morris Nimmer Nix E Oliver Pak Parrish Parsons Peake E Petrea Pezold Pirkle Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey E Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E E Trammell Turner E Waites E 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 Casas of the 107th, Floyd of the 99th, Gardner of the 57th, Golick of the 40th, Mosby of the 83rd, Price of the 48th, Smyre of the 135th, and Weldon of the 3rd.
MONDAY, FEBRUARY 1, 2016
387
They wished to be recorded as present.
Prayer was offered by Reverend Jay Hackett, Senior Pastor, Peachtree Corners Baptist Church, Norcross, 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 865. By Representatives Dudgeon of the 25th, Stephens of the 164th, Stovall of the 74th, Belton of the 112th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income taxation, so as to provide an exemption for individual and 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
388
JOURNAL OF THE HOUSE
provide for individual and corporate donations to student scholarship organizations; to provide for procedures, 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 866. By Representatives Blackmon of the 146th, Smith of the 134th, Efstration of the 104th, Ramsey of the 72nd, Hawkins of the 27th and others:
A BILL to be entitled an Act to amend Chapter 50 of Title 33 of the Official Code of Georgia Annotated, relating to multiple employer self-insured health plans, so as to exempt multiple employer self-insured health plans from premium taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 867. By Representatives Taylor of the 173rd, Carter of the 175th and Watson of the 172nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Thomasville 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 868. By Representatives Rogers of the 10th, Dickey of the 140th, Nimmer of the 178th, Kirby of the 114th, Lott of the 122nd and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to eliminate the Georgia State Games Commission; to provide for reversion of property to the state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HB 869. By Representatives Powell of the 32nd, Maxwell of the 17th and Harrell of the 106th:
MONDAY, FEBRUARY 1, 2016
389
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 change certain provisions relating to the responsibilities of brokers and qualifying brokers to review certain documents; to change certain provisions relating to actions that constitute unfair trade practices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 870. By Representatives Strickland of the 111th, England of the 116th, Meadows of the 5th, Dudgeon of the 25th, Reeves of the 34th 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 certain programs and activities under the "Quality Basic Education Act," so as to provide that high schools that receive state funding cannot participate in an athletic association which prohibits religious expression on the clothing of student athletes; to provide that high schools that receive state funding cannot participate in an athletic association which prohibits member schools from organizing and playing scrimmage matches, games, or other athletic competitions with nonmember schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 871. By Representatives Dickey of the 140th, Rogers of the 10th and Nimmer of the 178th:
A BILL to be entitled an Act to amend Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to consumer fees collected to implement Article 28 of Chapter 1 of Title 10, the "Georgia Lemon Law," so as to require consumer fees to be forwarded to the Department of Law for deposit in the new motor vehicle arbitration account; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 872. By Representatives Nimmer of the 178th, Knight of the 130th, England of the 116th, Shaw of the 176th, Williams of the 168th 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 definitions, license fees, and license requirements; to amend Code Section 52-7-5 of the
390
JOURNAL OF THE HOUSE
Official Code of Georgia Annotated, relating to numbering of vessels, requirements, and fees, so as to revise boat registration fees and allow additional methods for reporting the sale of boats; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 873. By Representatives Clark of the 98th, Meadows of the 5th, Dickson of the 6th, Jackson of the 128th, Dempsey of the 13th and others:
A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to enact the "Sudden Cardiac Arrest Prevention Act"; to provide for guidelines and other relevant materials to inform students participating in athletic activities about the nature and warning signs of sudden cardiac arrest; to provide for definitions; to provide for informational meetings; to provide for removal from an athletic activity under certain circumstances and to establish return to play policies; to require annual review by coaches; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 874. By Representatives Reeves of the 34th, Golick of the 40th, Efstration of the 104th, Strickland of the 111th, Ramsey of the 72nd and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 11 of Title 15, Title 16, Chapter 4 of Title 24, and Code Section 42-5-18 of the O.C.G.A., relating to access to hearings and records, crimes and offenses, relevant evidence and its limits, and items prohibited for possession by inmates, respectively, so as to improve the ability to prosecute street gang terrorism; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 875. By Representatives Hawkins of the 27th, Cooper of the 43rd, Fludd of the 64th, Rogers of the 29th, Maxwell of the 17th 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
MONDAY, FEBRUARY 1, 2016
391
issuers of health benefit policies to provide certain information to enrollees and establish certain processes and limits relating to specialty drugs; to provide for a short title; to define terms; to provide specific requirements for issuers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 876. By Representatives Pirkle of the 155th, McCall of the 33rd, England of the 116th, Powell of the 32nd, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, so as to update license and surety requirements of livestock dealers and livestock market operators; to provide for publication of duly licensed dealers and operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 877. By Representatives Kaiser of the 59th, Drenner of the 85th, Holcomb of the 81st, Frye of the 118th and Fludd of the 64th:
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 for 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 878. By Representatives Holcomb of the 81st, Pezold of the 133rd, Caldwell of the 20th, Drenner of the 85th, Henson of the 86th and others:
A BILL to be entitled an Act to amend Code Section 40-2-151 of the Official Code of Georgia Annotated, relating to annual license fees for operating motor vehicles, so as to lower the annual fee for alternative fueled vehicles; 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 Transportation.
392
JOURNAL OF THE HOUSE
HR 1198. By Representatives Smith of the 70th, Stephens of the 164th, Bryant of the 162nd, Petrea of the 166th, Nimmer of the 178th and others:
A RESOLUTION encouraging the Environmental Protection Division of the Department of Natural Resources to review its regulations providing for the protection of underground drinking water to ensure they are sufficient; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 1199. By Representatives Parsons of the 44th, Willard of the 51st, Fludd of the 64th, Kaiser of the 59th and Pak of the 108th:
A RESOLUTION proposing an amendment to the Constitution so as to provide a definition; to provide for victims' rights; to provide for the enforcement of such rights; 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 Judiciary Non-Civil.
HR 1200. By Representatives Welch of the 110th, Atwood of the 179th, Hightower of the 68th, Caldwell of the 131st, Willard of the 51st and others:
A RESOLUTION creating the House Study Committee on Agency Attorneys, Contract Attorneys, and Special Assistant Attorneys General; and for other purposes.
Referred to the Committee on Special Rules.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 854 HB 856 HB 858 HB 860 HB 862 HB 864 SB 137
HB 855 HB 857 HB 859 HB 861 HB 863 HR 1179
Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:
MONDAY, FEBRUARY 1, 2016
393
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 228 HB 691 HB 759
Do Pass, by Substitute Do Pass, by Substitute Do Pass
HB 405 Do Pass, by Substitute HB 741 Do Pass, by Substitute
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 730 Do Pass, by Substitute
Respectfully submitted, /s/ Weldon of the 3rd
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 263. By Senators Thompson of the 14th, Harper of the 7th, Bethel of the 54th, Mullis of the 53rd, Shafer of the 48th 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 officers and agencies, so as to provide that the governing
394
JOURNAL OF THE HOUSE
authority of each municipality and county in this state and each board of education which employs sworn police officers who are P.O.S.T. certified may adopt policies under which such sworn officers, upon their retirement or upon leaving such employment as a result of a disability arising in the line of duty, may retain his or her weapon and badge; 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 263. By Senators Thompson of the 14th, Harper of the 7th, Bethel of the 54th, Mullis of the 53rd, Shafer of the 48th 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 officers and agencies, so as to provide that the governing authority of each municipality and county in this state and each board of education which employs sworn police officers who are P.O.S.T. certified may adopt policies under which such sworn officers, upon their retirement or upon leaving such employment as a result of a disability arising in the line of duty, may retain his or her weapon and badge; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 168th, Thomas of the 39th, Carter of the 92nd et al., Kendrick of the 93rd, Raffensperger of the 50th, Dawkins-Haigler of the 91st et al., and Ballinger of the 23rd.
Pursuant to HR 1190, the House commended the student leaders of the Georgia Institute of Technology and recognized February 1, 2016, as Georgia Tech Student Day at the capitol.
The following members were recognized during the period of Morning Orders and addressed the House:
Representative Quick of the 117th et al.
MONDAY, FEBRUARY 1, 2016
395
The following Resolutions of the House were read and adopted:
HR 1225. 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 commending Savannah State University on the occasion of its 125th anniversary on January 28, 2015; and for other purposes.
HR 1226. By Representatives Kaiser of the 59th, Clark of the 147th, Frye of the 118th and Hitchens of the 161st:
A RESOLUTION recognizing May, 2016, as National Bike Month and Bicycle Safety Month and May 16-20, 2016, as Bike to Work Week; and for other purposes.
HR 1227. By Representatives Waites of the 60th, Thomas of the 56th, Dawkins-Haigler of the 91st, Randall of the 142nd and Stovall of the 74th:
A RESOLUTION recognizing February, 2016, as American Heart Month in Georgia and encouraging citizens to work together to promote and improve the health of Georgians and to increase awareness and understanding of heart disease; and for other purposes.
HR 1228. By Representative Ramsey of the 72nd:
A RESOLUTION honoring Ms. Elana Burton; and for other purposes.
HR 1229. By Representatives Wilkinson of the 52nd, Taylor of the 79th and Deffenbaugh of the 1st:
A RESOLUTION commending Captain William M. "Bill" Edge; and for other purposes.
HR 1230. By Representative Ramsey of the 72nd:
A RESOLUTION commending the Georgia State University football team for their record-breaking season; and for other purposes.
HR 1231. By Representatives Welch of the 110th, Strickland of the 111th, Rutledge of the 109th, Knight of the 130th, Douglas of the 78th and others:
A RESOLUTION commending Atlanta Motor Speedway for stimulating the economy and providing entertainment and enjoyment to NASCAR fans
396
JOURNAL OF THE HOUSE
across the State of Georgia and recognizing February 25, 2016, as Atlanta Motor Speedway Day at the capitol; and for other purposes.
HR 1232. By Representative Waites of the 60th:
A RESOLUTION congratulating Mrs. Deborah Ann Simon upon the grand occasion of her retirement; and for other purposes.
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, FEBRUARY 2, 2016
397
Representative Hall, Atlanta, Georgia
Tuesday, February 2, 2016
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 Atwood Ballinger Barr Battles E Beasley-Teague Belton Bennett, K Bennett, T E Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D E Casas Chandler Cheokas Clark, D E 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 E Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon
Gravley Greene Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Hugley Jackson Jasperse Jones, J Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain
Meadows Metze Mitchell Morris Nimmer Nix Oliver Pak Parrish Parsons Peake E Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott 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 E Taylor, T Thomas, A.M. Thomas, E Trammell Turner E 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 Howard of the 124th, Jones of the 167th, Kirby of the 114th, Mosby of the 83rd, Setzler of the 35th, Stephenson of the 90th, Welch of the 110th, and Weldon of the 3rd.
398
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Father John Stefero, Presiding President, Holy Cross Greek Orthodox 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.
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 879. By Representatives Taylor of the 79th, Reeves of the 34th, Stephens of the 164th and Beskin of the 54th:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary educational programs, so as to provide for the issuance of a seal of biliteracy for high school graduates who have achieved a high level of proficiency in speaking, reading, and writing one or more languages in addition to English; to provide for criteria; to provide for participation; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, FEBRUARY 2, 2016
399
Referred to the Committee on Economic Development & Tourism.
HB 880. By Representatives Spencer of the 180th and Corbett of the 174th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, so as to provide for the manner of election of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 881. By Representatives Reeves of the 34th, Fleming of the 121st, Kelley of the 16th, Oliver of the 82nd, Evans of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to substantially revise the general provisions applicable to adoptions; to change the requirements for adopting children; to provide for adoption of foreign-born children; to provide for a waiver to withdraw a surrender of rights; to change the age for individuals to access the Adoption Reunion Registry; to revise and provide for forms; to provide for the annulment of an adoption under certain circumstances; to amend Code Section 15-11-320 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 865 HB 867 HB 869 HB 871 HB 873 HB 875 HB 877 HR 1198 HR 1200
HB 866 HB 868 HB 870 HB 872 HB 874 HB 876 HB 878 HR 1199 SB 263
400
JOURNAL OF THE HOUSE
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 747 Do Pass HB 767 Do Pass
Respectfully submitted, /s/ Rice of the 95th
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 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 279. By Senators Harper of the 7th, Albers of the 56th, Ligon, Jr. of the 3rd, Dugan of the 30th, Williams of the 27th and others:
TUESDAY, FEBRUARY 2, 2016
401
A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to include the commissioner of juvenile justice and the commissioner of natural resources as voting members of the Georgia Peace Officer Standards and Training Council; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 279. By Senators Harper of the 7th, Albers of the 56th, Ligon, Jr. of the 3rd, Dugan of the 30th, Williams of the 27th 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 employment and training of peace officers, so as to include the commissioner of juvenile justice and the commissioner of natural resources as voting members of 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.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives McCall of the 33rd, Watson of the 172nd, Brockway of the 102nd, Stovall of the 74th, Greene of the 151st et al., Chandler of the 105th, Ballinger of the 23rd, Setzler of the 35th, and Thomas of the 56th.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Bennett of the 94th and Golick of the 40th.
The following Resolutions of the House were read and adopted:
HR 1233. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Steve Pokowitz; and for other purposes.
402
JOURNAL OF THE HOUSE
HR 1234. By Representatives Taylor of the 173rd, Watson of the 172nd and Carter of the 175th:
A RESOLUTION recognizing and commending the American Heart Association's Go Red For Women movement and recognizing February 5, 2016, as National Wear Red Day; and for other purposes.
HR 1235. By Representative Golick of the 40th:
A RESOLUTION recognizing that dyslexia has a profound impact on education and all aspects of life; and for other purposes.
HR 1236. By Representatives Wilkinson of the 52nd, Jones of the 47th, Burns of the 159th, Ehrhart of the 36th, Willard of the 51st and others:
A RESOLUTION honoring the life and memory of Mr. Maurice J. "Buddy" Towery; and for other purposes.
HR 1237. By Representatives Cooper of the 43rd, Price of the 48th, Hawkins of the 27th, Clark of the 101st and Lott of the 122nd:
A RESOLUTION recognizing April, 2016, as National Organ and Tissue Donor Awareness Month; and for other purposes.
HR 1238. By Representatives Hatchett of the 150th, Hawkins of the 27th, Williams of the 168th, Hugley of the 136th, Coleman of the 97th and others:
A RESOLUTION recognizing the Georgia PlanFirst Class of 2016; and for other purposes.
HR 1239. By Representatives Thomas of the 56th, Beasley-Teague of the 65th and McClain of the 100th:
A RESOLUTION honoring the life and memory of Reverend Willie M. Bolden; and for other purposes.
HR 1240. By Representatives Rogers of the 29th, Holcomb of the 81st, Smyre of the 135th, Dempsey of the 13th, Williams of the 119th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholars on Academic Recognition Day for 2016; and for other purposes.
TUESDAY, FEBRUARY 2, 2016
403
HR 1241. By Representatives Abrams of the 89th, Yates of the 73rd, Pak of the 108th, Williams of the 168th and Henson of the 86th:
A RESOLUTION recognizing the month of April, 2016, as Genocide Prevention and Awareness Month at the Capitol; and for other purposes.
HR 1242. By Representatives Stephens of the 165th, Waites of the 60th, Stephens of the 164th, Gordon of the 163rd and Mitchell of the 88th:
A RESOLUTION commending La Teah Sheray Lockett; and for other purposes.
HR 1243. By Representatives McCall of the 33rd and Williams of the 119th:
A RESOLUTION recognizing February 2, 2016, as Equine Youth Day at the state capitol and honoring the 2016 Youth Equine Champions; and for other purposes.
HR 1244. By Representatives Coleman of the 97th, Marin of the 96th, Clark of the 101st and Rice of the 95th:
A RESOLUTION recognizing and commending Walter Harvey Kahrs; and for other purposes.
HR 1245. By Representatives Efstration of the 104th, Harden of the 148th and Clark of the 98th:
A RESOLUTION commending the Mill Creek girls cross country team; and for other purposes.
HR 1246. By Representative Mabra of the 63rd:
A RESOLUTION recognizing and commending World Changers Church International on the occasion of its 30th anniversary; and for other purposes.
HR 1247. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Ryan Manderfield; and for other purposes.
404
JOURNAL OF THE HOUSE
HR 1248. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Davis Odom; and for other purposes.
The Speaker assumed the Chair.
Representative Strickland of the 111th moved that the following Bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Education:
HB 870. By Representatives Strickland of the 111th, England of the 116th, Meadows of the 5th, Dudgeon of the 25th, Reeves of the 34th 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 certain programs and activities under the "Quality Basic Education Act," so as to provide that high schools that receive state funding cannot participate in an athletic association which prohibits religious expression on the clothing of student athletes; to provide that high schools that receive state funding cannot participate in an athletic association which prohibits member schools from organizing and playing scrimmage matches, games, or other athletic competitions with nonmember schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Burns of the 159th 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 3, 2016
405
Representative Hall, Atlanta, Georgia
Wednesday, February 3, 2016
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 Atwood Ballinger Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Casas Chandler Cheokas Clark, D E Clark, H Clark, V Coleman
Cooke Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Efstration Ehrhart England Epps Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Harden Harrell
Hatchett 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 Lott Lumsden Mabra Marin Maxwell McCall McClain Meadows Mitchell
Morris Mosby Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince E Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L Smith, R E Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D E Taylor, T Teasley Thomas, E Trammell Turner E Waites Watson Welch 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 Blackmon of the 146th, Golick of the 40th, Greene of the 151st, Martin of the 49th, Mayo of the 84th, Metze of the 55th, Randall of the 142nd, Thomas of the 56th, and Weldon of the 3rd.
406
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Reverend Dr. Terry L. Johnson, Senior Minister, Independent Presbyterian Church, 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 of the House were introduced, read the first time and referred to the Committees:
HB 882. By Representatives Taylor of the 173rd, Smith of the 134th, Atwood of the 179th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to eliminate the foreign and alien insurer deposit requirement of securities eligible for the investment of capital funds in certain amounts at the discretion of the Commissioner; to provide for the elimination of newspaper publication by insurers of certain financial information and to provide proof of such publication to the
WEDNESDAY, FEBRUARY 3, 2016
407
Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 883. By Representatives Taylor of the 173rd, Smith of the 134th, Atwood of the 179th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 37 of Title 33 of the O.C.G.A., relating to insurers rehabilitation and liquidation, so as to change certain provisions relating to insurers rehabilitation and liquidation; to change provisions related to reciprocal states and domiciliary liquidators; to provide for the Commissioner to transfer title under his or her control to a domiciliary receiver; to modify certain provisions relating to the rights of nonresident claimants in proceedings against domiciliary insurers; to change certain provisions relating to the rights of resident claimants in proceedings in other states against nondomiciliary insurers; to remove the use of reciprocal in superiority of order of distribution in liquidation proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 884. By Representatives Taylor of the 173rd, Atwood of the 179th, Smith of the 134th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels, so as to revise the definition of company action level event to include a health organization with certain total adjusted capital levels; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 885. By Representatives Jones of the 47th, Price of the 48th, Beskin of the 54th, Raffensperger of the 50th, Willard of the 51st and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to repeal a statute relating to the option for certain counties to create a county board of health and wellness by ordinance; to provide for an effective date; to provide for transition to county boards of health; to provide for related matters; to repeal conflicting laws; and for other purposes.
408
JOURNAL OF THE HOUSE
Referred to the Committee on Governmental Affairs.
HB 886. By Representatives Cooper of the 43rd, Martin of the 49th, Smith of the 134th and Rogers of the 29th:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant pharmacy licenses, so as to revise a provision relating to employing the mails or common carriers to sell, distribute, and deliver prescription drugs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 887. By Representatives Efstration of the 104th, Ballinger of the 23rd, Quick of the 117th, Caldwell of the 131st, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Articles 3 and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings and termination of parental rights, respectively, so as to prioritize the placement of a child with a relative who is an adult or fictive kin when such individual is qualified to care for such child and it is in the best interests of the child; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 888. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to transfer probation and intake services of the Juvenile Court of Upson County to the Georgia Department of Juvenile Justice pursuant to Code Section 15-11-69 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 889. By Representative Kidd of the 145th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to authorize certain
WEDNESDAY, FEBRUARY 3, 2016
409
advertisements related to crematories and cremation services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 890. By Representative Werkheiser of the 157th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3922), so as to stagger the terms of the members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
By unanimous consent, the following Bills of the House and Senate were read the second time:
HB 879 HB 881
HB 880 SB 279
Representative McCall of the 33rd District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 876 Do Pass
Respectfully submitted, /s/ McCall of the 33rd
Chairman
Representative Knight of the 130th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
410
JOURNAL OF THE HOUSE
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 840 Do Pass, by Substitute
Respectfully submitted, /s/ Knight of the 130th
Chairman
Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 34 HB 813 HB 853
Do Pass, by Substitute 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 798 Do Pass, by Substitute
Respectfully submitted, /s/ Rogers of the 29th
Chairman
WEDNESDAY, FEBRUARY 3, 2016
411
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 193 Do Pass, by Substitute HB 866 Do Pass
Respectfully submitted, /s/ Smith of the 134th
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 775 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 3, 2016
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below:
412
JOURNAL OF THE HOUSE
DEBATE CALENDAR
Modified Open Rule
HB 402 HB 421 HB 690 HB 815
Insurance; encourage employers to provide work based learning opportunities for students age 16 and older; provisions (Substitute)(I&LLumsden-12th) Retirement and pensions; officers employed by Department of Community Supervision shall be entitled to certain disability benefits; provide (Substitute)(Ret-Nimmer-178th) Employees' Retirement System of Georgia; provide that certain law enforcement officers obtain creditable service in system under certain conditions; provisions (Substitute)(Ret-Carter-175th) Meat inspection; inspection and regulation of certain avian meat products and facilities; provide (A&CA-Rhodes-120th)
Modified Structured Rule
HB 691 HB 801
Municipal courts; removal of appointed judges under certain circumstances; provide (Substitute)(Judy-Tanner-9th) HOPE; include certain coursework in computer science as optional rigor requirements; revise provisions (Substitute)(HEd-Jones-47th)
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 193. By Senators Bethel of the 54th, Stone of the 23rd, Kennedy of the 18th, Parent of the 42nd, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, so as to change penalty
WEDNESDAY, FEBRUARY 3, 2016
413
provisions relating to family violence battery; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 243. By Senators Hill of the 4th and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to change certain provisions relating to preservation of rights by certain persons; to provide for membership in the system for certain persons in a full-time position requiring admission to the State Bar of Georgia as a condition of employment; to provide for an irrevocable election; to provide for a transfer of funds; to provide for creditable service; to provide for calculation of benefits; to change certain provisions relating to definitions; to provide a legislative purpose; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
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.
HB 794. By Representative Bentley of the 139th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Macon County shall also serve as the chief magistrate judge of the Magistrate Court of Macon County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current chief 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 193. By Senators Bethel of the 54th, Stone of the 23rd, Kennedy of the 18th, Parent of the 42nd, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, so as to change penalty provisions relating to family violence battery; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
414
JOURNAL OF THE HOUSE
Referred to the Committee on Judiciary Non-Civil.
SB 243. By Senators Hill of the 4th and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to change certain provisions relating to preservation of rights by certain persons; to provide for membership in the system for certain persons in a full-time position requiring admission to the State Bar of Georgia as a condition of employment; to provide for an irrevocable election; to provide for a transfer of funds; to provide for creditable service; to provide for calculation of benefits; to change certain provisions relating to definitions; to provide a legislative purpose; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Spencer of the 180th et al., Trammell of the 132nd, Williams of the 87th, Nimmer of the 178th et al., Bentley of the 139th, Carter of the 175th, Beverly of the 143rd et al., Carter of the 92nd et al., and Dempsey of the 13th.
Pursuant to HR 1163, the House recognized the United Service Organizations on the occasion of its 75th anniversary.
Pursuant to HR 1165, the House commended Georgia State University and recognized February 3, 2016, as Georgia State University Day at the state capitol.
Pursuant to HR 1188, 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 recognized the important work that the YMCA does in communities across Georgia.
Pursuant to HR 1154, the House recognized February 3, 2016, as 4-H Day at the State Capitol.
Pursuant to HR 1127, the House recognized February 3, 2016, as Albany-Dougherty County Day at the state capitol and commended the Albany Area Chamber of Commerce.
WEDNESDAY, FEBRUARY 3, 2016
415
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 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.
The following Committee substitute was read and adopted:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that it would be beneficial to students, employers, and the economic health of the state to assist in providing highly trained, technologically sophisticated, and career oriented students which will aid in the development of a successful twenty-first century work force. By opening their doors to work based learning opportunities, employers can play an active role in shaping the quality of their future work force, by preparing potential leaders for their company and their community, and by helping shape future curriculum to create an educated work force for their industry as a whole. Work based learning programs can provide students the opportunity to work and learn in a real-world environment and prepare them for future career
416
JOURNAL OF THE HOUSE
opportunities. Such work based learning opportunities can be accomplished by developing partnerships between and among the business community, industry, students, parents, school systems, and postsecondary education institutions.
SECTION 2. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, is amended by adding a new Code section to read as follows:
"33-9-40.3. (a) For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, 2016, there may be granted by the insurer up to a 5 percent reduction in the premium for such policy if the insured has been certified by the State Board of Education to the State Board of Workers' Compensation as a work based learning employer pursuant to Article 12 of Chapter 9 of Title 34 and has notified its insurer in writing of such certification. (b) If granted, the premium discount provided by this Code section shall be applied to an insured's policy of workers' compensation insurance pro rata as of the date the insured receives such certification and shall continue for as long as the insured maintains the certification; provided, however, that an insurer shall not be required to credit the actual amount of the premium discount to the account of the insured until the final premium audit under such policy. Certification of an insured shall be required for each year in which a premium discount is granted. (c) If it is determined that an insured misrepresented its qualifications for certification pursuant to Article 12 of Chapter 9 of Title 34, the workers' compensation insurance policy of such insured may be subject to an additional premium for the purposes of reimbursement of a previously granted premium discount and to cancellation in accordance with the provisions of the policy. (d) Each insurer shall make an annual report, in accordance with guidelines established by the Commissioner, to the rating and statistical organization designated by the Commissioner illustrating the total dollar amount of the premium discounts applied pursuant to this Code section. (e) The Commissioner shall conduct a study to determine the impact of the premium discounts provided pursuant to this Code section in encouraging employers to provide work based learning opportunities for students age 16 or older. (f) The Commissioner shall be authorized to promulgate rules and regulations necessary for the implementation and enforcement of this Code section."
SECTION 3. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding a new Code section to read as follows:
"34-9-2.4. (a) As used in this Code section, the term:
(1) 'Work based learning placement' or 'placement' shall have the same meaning as in Code Section 34-9-430.
WEDNESDAY, FEBRUARY 3, 2016
417
(2) 'Work based learning student' or 'student' shall have the same meaning as in Code Section 34-9-430. (b) Notwithstanding the provisions of paragraph (2) of Code Section 34-9-1: (1) A work based learning student in a paid work based learning placement for an employer shall be deemed an employee of such employer for purposes of workers' compensation coverage; and (2) A work based learning student in an unpaid work based learning placement for an employer shall be deemed an employee of such employer for purposes of workers' compensation coverage unless all of the following conditions apply:
(A) The placement, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment; (B) The placement is for the benefit of the student; (C) The student does not displace regular employees, but works under close supervision of existing staff; (D) The employer that provides the training derives no immediate advantage from the activities of the student; and on occasion its operations may actually be impeded; (E) The student is not necessarily entitled to a job at the conclusion of the placement; and (F) The employer and the student understand that the student is not entitled to wages for the time spent in the placement."
SECTION 4. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 12
34-9-430. As used in this article, the term:
(1) 'Employer' means a person or entity that is subject to the provisions of this chapter but shall not include the state or any department, agency, or instrumentality of the state; any county; any county or independent school system; any municipal corporation; or any employer which is self-insured for the purposes of this chapter. (2) 'Employer member of a group self-insurance fund' means any employer who is a member of a fund certified pursuant to Code Section 34-9-153. (3) 'Self-insured employer' means any employer certified pursuant to Code Section 34-9-127. (4) 'Work based learning coordinator' means a school employee who coordinates and supervises students in work based learning placements. (5) 'Work based learning employer' means an employer who provides work based learning placements in accordance with this article.
418
JOURNAL OF THE HOUSE
(6) 'Work based learning placement' or 'placement' means an arrangement between a business or industry partner and a local school system in which students are released for a portion of the school day for structured learning at an employer's job site in either a paid or unpaid position while receiving academic credit. Work based learning placements include, but are not limited to, employability skill development, service learning, cooperative education, internship, youth apprenticeship, and clinical experiences. (7) 'Work based learning student' means a student age 16 or older in a work based learning placement for an employer.
34-9-431. (a) A work based learning employer that has been certified pursuant to this Code section may be eligible for a premium discount under such employer's workers' compensation insurance policy pursuant to Code Section 33-9-40.3. (b) The State Board of Education shall certify to the State Board of Workers' Compensation that a work based learning employer meets the following requirements:
(1) Enters into a training agreement with one or more work based learning students, the student's parent or guardian, and the school's work based learning coordinator; (2) Develops, in conjunction with the school's work based learning coordinator, a detailed training plan for the work based learning student that focuses on development of technical skills and employability skills; (3) Assigns a mentor to the work based learning student and assist in monitoring the progress of such student; (4) Provides workers' compensation insurance coverage for the work based learning student; (5) Complies with all federal, state, and local laws and regulations regarding the employment of students; and (6) Complies with the rules and regulations of the State Board of Education.
34-9-432. A self-insured employer or an employer member of a group self-insurance fund that provides work based learning placements for one or more work based learning students substantially in accordance with Code Section 34-9-431 and that complies with all other provisions of this article required of employers in order to qualify for insurance premium discounts may be certified by the State Board of Education to the State Board of Workers' Compensation as a work based learning employer in compliance with this article."
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.
WEDNESDAY, FEBRUARY 3, 2016
419
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D E 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
Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
VACANT E Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson E Willard Y Williams, A E 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 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
420
JOURNAL OF THE HOUSE
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 following Committee substitute was read and adopted:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by revising subsection (b) as follows:
"(b)(1) Notwithstanding the disability allowance provided for in Code Section 47-2123, any employee of the Department of Natural Resources appointed as a deputy conservation ranger under Code Section 27-1-17, any parole officer employed by the State Board of Pardons and Paroles, and any probation officer employed by the Department of Corrections, and any community supervision officer employed by the Department of Community Supervision who, while a contributing member of this retirement system and upon becoming permanently disabled due to an act of external violence or injury incurred in the line of law enforcement duty, becomes eligible for disability retirement allowances shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option. Such monthly allowance as shall be payable to the member only, during his or her life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he or she accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his or her permanent disability occurred. Such permanent disability retirement shall apply regardless of the length of service of any such member; and such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of law enforcement
WEDNESDAY, FEBRUARY 3, 2016
421
duty shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as an employee of the Department of Natural Resources who has been appointed as a deputy conservation ranger under Code Section 27-1-17, parole officer of the State Board of Pardons and Paroles, or probation officer of the Department of Corrections, or any community supervision officer employed by the Department of Community Supervision. Such additional monthly supplemental benefit shall in no event exceed $150.00 per month. (2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 percent of his or her monthly earnable compensation for the month in which his or her permanent disability occurred for each year of creditable service determined as though he or she had continued in service as a deputy conservation ranger, probation officer, or parole officer, or a community supervision officer until his or her mandatory retirement age."
SECTION 2.
This Act shall become effective on July 1, 2016, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2016, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
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 Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
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
422
JOURNAL OF THE HOUSE
Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D E 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
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT E Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson E Willard Y Williams, A E Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 165, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 801. By Representatives Jones of the 47th, Dickey of the 140th, Nimmer of the 178th, Rogers of the 10th, Burns of the 159th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise various provisions regarding the HOPE scholarship; to include certain coursework in computer science as optional rigor requirements; to provide for weighted scores for certain college coursework; to clarify 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
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise various provisions regarding the HOPE scholarship; to include certain coursework in computer science as optional rigor requirements; to provide for weighted scores for certain college coursework; to provide for a biennial report; to clarify definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 3, 2016
423
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-157, relating to the uniform reporting system for certain purposes and academic eligibility requirements to receive a HOPE scholarship, by revising subsection (f) as follows:
"(f) Beginning with students graduating from high school on or after May 1, 2017, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least four courses prior to graduating from high school from the following categories:
(1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, computer science, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may shall only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection."
SECTION 2. Said title is further amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, by revising subsection (b) as follows:
"(b) To be eligible for a HOPE scholarship, a sophomore, junior, senior, or first professional student seeking an associate, baccalaureate, or first professional degree at an eligible postsecondary institution shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1:
(1) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; and
424
JOURNAL OF THE HOUSE
(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate or first professional student in a matriculated status. Beginning in academic year 2017-2018, the cumulative grade point average calculated pursuant to this subsection shall include weighted grades for specific science, technology, engineering, and mathematics (STEM) college courses identified by the Board of Regents of the University System of Georgia in consultation with the Technical College System of Georgia, the Department of Economic Development, and private eligible postsecondary institutions, by increasing the grade assigned by the instructor to the student for any such course by an additional 0.5 point if such grade is a B, C, or D. Such courses shall be academically rigorous and required for or leading to employment in high demand fields in Georgia in science, technology, engineering, and mathematics. Beginning with the completion of the 2017-2018 academic year, the Georgia Student Finance Commission shall provide a biennial report to the chairpersons of the House Committee on Higher Education and the Senate Higher Education Committee at the following general session of the legislature. The report shall include the fields identified as high demand fields and associated workforce shortages in science, technology, engineering, mathematics, and health care; the courses identified as academically rigorous and their relevance to such fields; and any other pertinent information that the Georgia Student Finance Commission deems relevant. The Governor shall be authorized to convene a task force to identify high demand fields and associated workforce shortages and may recommend to the Board of Regents of the University System of Georgia initial science, technology, engineering, and mathematics college courses to receive additional weight."
SECTION 3. Said title is further amended in Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, by revising paragraphs (9.1), (13), and (16.1) as follows:
"(9.1) 'Factor rate' means the percentage amount established by the Georgia Student Finance Commission against which the previous year tuition is multiplied for eligible public postsecondary institutions and against which the previous year HOPE award amount is multiplied for eligible private postsecondary institutions." "(13) 'HOPE award rate' means the rate equal to the previous academic year HOPE tuition payment to charged by the eligible public postsecondary institution multiplied by the factor rate divided by 15. Notwithstanding the foregoing, the The Georgia Student Finance Commission may adjust shall recalculate the previous academic year HOPE tuition payment used to calculate the HOPE award rate to reflect changes in the mission or sector of an eligible public postsecondary institution that affects the tuition charged by that institution." "(16.1) 'HOPE tuition payment' means, in the case of an eligible public postsecondary institution, the amount paid for tuition only based on the standard
WEDNESDAY, FEBRUARY 3, 2016
425
undergraduate full-time tuition rate for 15 hours; and, in the case of an eligible private postsecondary institution, the amount paid for tuition based on the amount established by the General Assembly in an appropriations Act."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D E 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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
VACANT E Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson E Willard Y Williams, A E Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 167, nays 0.
426
JOURNAL OF THE HOUSE
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read and adopted:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by adding a new Code section to read as follows:
"47-2-226. (a) As used in this Code section, the term 'law enforcement officer' means any member in service of the Uniform Division of the Department of Public Safety, any conservation ranger of the Department of Natural Resources, any officer or agent of the Georgia Bureau of Investigation, any district attorney investigator who is compensated from state funds pursuant to Code Section 15-18-14.1, and any alcohol and tobacco officer or agent of the Department of Revenue.
WEDNESDAY, FEBRUARY 3, 2016
427
(b) Any law enforcement officer who, prior to becoming a member of this retirement system, was employed by a local government as a full-time employee, in a position in which he or she was vested with authority to enforce the criminal or traffic laws and with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime, shall be eligible to obtain creditable service under this Code section if:
(1) The member was not eligible for a defined benefit or defined contribution retirement or pension plan while employed by the local governing authority other than membership in the Peace Officers' Annuity and Benefit Fund; and (2) The member has been a member of the retirement system for at least ten years. (c) Any member eligible as provided in subsection (b) of this Code section may obtain up to an additional five years of creditable service, not to exceed the actual number of years of service described in subsection (b) of this Code section. In order to obtain such additional creditable service, the member shall: (1) Make application to the board of trustees in such manner and provide such documentation as the board deems appropriate; and (2) Pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section. (d) Upon receipt of an application for additional creditable service, the board of trustees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (c) of this Code section."
SECTION 2.
This Act shall become effective on July 1, 2016, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2016, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer
428
JOURNAL OF THE HOUSE
Y Barr Y Battles
Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D E 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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse
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 Lott Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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 Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT E Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson E Willard Y Williams, A E Williams, C
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.
HB 691. By Representatives Tanner of the 9th, Willard of the 51st, Welch of the 110th, Caldwell of the 131st and Golick of the 40th:
A BILL to be entitled an Act to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to provide the removal of appointed municipal court judges under certain circumstances; 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
WEDNESDAY, FEBRUARY 3, 2016
429
To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to provide for the removal of appointed municipal court judges under certain circumstances; 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. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, is amended by revising subsection (a) of Code Section 36-322, relating to appointment of judges, as follows:
"(a) Notwithstanding any other provision of this chapter or any general or local Act, the governing authority of each municipal corporation within this state having a municipal court, as provided by the Act incorporating the municipal corporation or any amendments thereto, is authorized to appoint a judge of such court. Any person individual appointed as a judge under this Code section shall possess such qualifications as set forth in Code Section 36-32-1.1 and shall receive such compensation as shall be fixed by the governing authority of the municipal corporation and shall serve at the pleasure of the governing authority. Any individual appointed as a judge under this Code section shall serve for a minimum term of one year and until a successor is appointed or if the judge is removed from office as provided in Code Section 36-32-2.2. Such term shall be memorialized in a written agreement between such individual and the governing authority of the municipal corporation or in an ordinance or a charter."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"36-32-2.2. (a) As used in this Code section, the term 'judge' means an individual serving as an appointed municipal court judge.
(b)(1) A judge may be removed during his or her term of office by a two-thirds' vote of the entire membership of the governing authority of the municipal corporation for:
(A) Willful misconduct in office; (B) Willful and persistent failure to perform duties; (C) Habitual intemperance; (D) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (E) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character. (2) A municipality may define in its charter further conduct that may lead to a judge's removal. (c) Removal proceedings pursuant to subsection (b) of this Code section may be initiated only by written petition setting forth the grounds for removal of a judge signed
430
JOURNAL OF THE HOUSE
by one or more members of the governing authority of the municipal corporation. Upon submission of the petition to remove the judge to such governing authority, the governing authority may consider the petition and determine if the petition relates to and adversely affects the administration of the office of the judge and the rights and interests of the public. If it is determined at a public meeting by a majority vote of the governing authority of the municipal corporation that there is an adverse impact, the judge may be suspended immediately and without further action for up to 60 days pending the final determination pursuant to subsection (e) of this Code section. A judge suspended pursuant to this subsection shall continue to receive the compensation from his or her office until the final determination on the petition or expiration of the suspension. (d) If by the expiration of the suspension period no formal resolution of the petition has been made, the judge shall be reinstated. (e) Removal proceedings shall consist of an open and public hearing held by the governing authority of the municipal corporation, provided that the judge against whom such charges have been brought shall be furnished a copy of the charges at least ten days prior to the hearing. At the conclusion of the hearing, the governing authority of the municipal corporation shall determine whether or not to remove the judge from office. The governing authority of the municipal corporation may adopt rules governing the procedures at such hearings, provided that such hearings comport with due process. The right of certiorari from the decision to remove a judge from office shall exist, and such certiorari shall be obtained under the sanction of a judge of the superior court of the circuit in which the governing authority of the municipal corporation is situated. (f) This Code section shall not affect the power and authority of the Judicial Qualifications Commission to discipline, remove, or cause the involuntary retirement of judges. (g) Any vacancy in a judgeship created by the removal of a judge pursuant to this Code section may be temporarily filled by the governing authority of the municipal corporation for a period not longer than 90 days by any individual qualified by law to serve as a municipal court judge. If after the conclusion of the removal proceedings, including the appeal period, there is a vacancy for such judgeship, the governing authority of the municipal corporation may appoint a judge in the same manner as set forth in Code Section 36-32-2. (h) The provisions of this Code section shall expressly supersede any conflicting local law of this state."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
WEDNESDAY, FEBRUARY 3, 2016
431
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley N Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D E 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 N 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 N Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan N Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 N 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 N Trammell Y Turner
VACANT E Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson E Willard Y Williams, A E Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 155, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Bill of the House was postponed until the next legislative day:
HB 815. By Representatives Rhodes of the 120th, McCall of the 33rd, Broadrick of the 4th, Williams of the 119th, Knight of the 130th and others:
432
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to meat inspection, so as to provide for the inspection and regulation of certain avian meat products and facilities related to the processing of such products for human consumption; to provide for uniformity; to remove an obsolete provision relating to enforcement responsibility; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1255. By Representative Dollar of the 45th:
A RESOLUTION honoring the Georgia High School Fencing League and its Member Teams; and for other purposes.
HR 1256. By Representative Werkheiser of the 157th:
A RESOLUTION recognizing and commending Mr. Zuber Malek; and for other purposes.
HR 1257. By Representative Werkheiser of the 157th:
A RESOLUTION honoring the life and memory of Mr. Mourice Collins; and for other purposes.
HR 1258. By Representatives Hitchens of the 161st and Burns of the 159th:
A RESOLUTION honoring the life and memory of Mr. Edward J. Davis; and for other purposes.
HR 1259. By Representatives Petrea of the 166th, Stephens of the 164th, Gordon of the 163rd, Hitchens of the 161st and Stephens of the 165th:
A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee, Chairman Jerry Hogan, Jr., and the Grand Marshal of the 2016 St. Patrick's Day Parade on the upcoming occasion of the 2016 St. Patrick's Day Parade in Savannah, Georgia; and for other purposes.
HR 1260. By Representatives Powell of the 32nd, Taylor of the 173rd, Hitchens of the 161st, Lumsden of the 12th, Jasperse of the 11th and others:
WEDNESDAY, FEBRUARY 3, 2016
433
A RESOLUTION commending police chiefs and other heads of law enforcement agencies in this state and recognizing Monday, February 15, 2016, as Police Chiefs and Heads of Law Enforcement Agencies Recognition Day at the capitol; and for other purposes.
HR 1261. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Sara Cleland upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 1262. By Representatives Williams of the 119th, Rogers of the 29th, Ehrhart of the 36th, Frye of the 118th, Quick of the 117th and others:
A RESOLUTION commending the student leaders at the University of Georgia and recognizing February 9, 2016, as University of Georgia Day at the state capitol; and for other purposes.
HR 1263. By Representatives Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and Petrea of the 166th:
A RESOLUTION recognizing March 6-12, 2016, as School Social Workers Association of Georgia, Inc. Week; and for other purposes.
HR 1264. By Representatives Nix of the 69th, Hightower of the 68th, Smith of the 70th and Cooke of the 18th:
A RESOLUTION recognizing February 18, 2016, as Carroll County Day at the state capitol; and for other purposes.
HR 1265. By Representative Harden of the 148th:
A RESOLUTION recognizing the annual Cordele-Crisp County Fish Fry and commending Mr. Royce Reeves, Mr. Clark Henderson, Mr. Rusty Slade, Mr. Ron Cruz, and the Cordele-Crisp County Fish Fry cooking team; and for other purposes.
HR 1266. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Peyton Ledford upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 1267. By Representatives Mabra of the 63rd, Ramsey of the 72nd, Fludd of the 64th, Yates of the 73rd and Stover of the 71st:
434
JOURNAL OF THE HOUSE
A RESOLUTION recognizing and commending Christian Reese; and for other purposes.
HR 1268. By Representatives Douglas of the 78th, Mabra of the 63rd, Hugley of the 136th, Wilkerson of the 38th, Evans of the 42nd and others:
A RESOLUTION recognizing the need for more recess time; and for other purposes.
Representative Burns of the 159th 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 4, 2016
435
Representative Hall, Atlanta, Georgia
Thursday, February 4, 2016
Sixteenth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Cheokas Clark, D E Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Drenner Dudgeon Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Fludd Frazier Gardner Gasaway Gilligan Gordon Gravley Greene Harden Hatchett Hawkins E Henson
Hightower Hitchens Holcomb Holmes Houston Howard Hugley E Jackson Jasperse Jones, J Jones, J.B. E Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows Metze Mitchell
Morris Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince E Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L Smith, M Smith, R E Smyre E Spencer Stephens, M Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D E Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner E Waites Watson E Weldon Werkheiser E Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Ralston, Speaker
Due to a mechanical malfunction, Representative Dukes of the 154th 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:
436
JOURNAL OF THE HOUSE
Representatives Casas of the 107th, Chandler of the 105th, Glanton of the 75th, Golick of the 40th, Harrell of the 106th, Mosby of the 83rd, Welch of the 110th, and Yates of the 73rd.
They wished to be recorded as present.
Prayer was offered by Pastor Creflo Dollar, World Changers Church International, College Park, 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, Room 417 Atlanta, Georgia 30334
February 4, 2016
Mr. Clerk,
On Tuesday, February 2, I was at the Capitol for a morning meeting before session and had afternoon meetings as well. However, shortly before session began, I was called home to address a family emergency. In my haste to address the issue at home, I failed to call the Clerk's Office and ask to be excused. If possible, I ask that you record me as excused for that day. Please let me know if there is any more information that I need to provide.
Respectfully,
/s/ Sam Teasley State Representative
THURSDAY, FEBRUARY 4, 2016
437
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 891. By Representatives Coomer of the 14th, Hawkins of the 27th, Bruce of the 61st, McCall of the 33rd, Greene of the 151st and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, so as to provide for alternative charges to those currently authorized for industrial loans and provide for loan conditions when such charges are elected; to change the description of industrial loans to installment loans throughout the Code; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 892. By Representatives Kirby of the 114th, McCall of the 33rd, England of the 116th, Caldwell of the 20th, Kelley of the 16th 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 repeal a provision relating to disclosure of veterinary records; to amend Code Section 4-11-17 of the Official Code of Georgia Annotated, relating to veterinary reporting of animal cruelty, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
438
JOURNAL OF THE HOUSE
HB 893. By Representatives Powell of the 171st, Battles of the 15th, Stephens of the 164th, Duncan of the 26th, Knight of the 130th 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 of revenue and taxation, so as to change certain provisions regarding forms of payment; to lower the threshold for requiring electronic payment of sales taxes, withholding taxes, and motor fuel distributor taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 894. By Representatives Dudgeon of the 25th, Gilligan of the 24th and Duncan of the 26th:
A BILL to be entitled an Act to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, so as to provide for development impact fees for education; to provide definitions; to provide for the manner of calculation, imposition, and collection of such fees; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 895. By Representatives Mayo of the 84th, Dudgeon of the 25th, Evans of the 42nd and Casas of the 107th:
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 finance directors of charter schools to participate in initial and annual training in financially operating a charter school; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 896. By Representatives Dunahoo of the 30th, Chandler of the 105th, Barr of the 103rd, Kelley of the 16th and Rogers of the 29th:
A BILL to be entitled an Act to amend Code Section 3-3-23 and Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages and general provisions relating to torts, respectively, so as to provide for a social host's criminal responsibility and civil liability; to
THURSDAY, FEBRUARY 4, 2016
439
provide for exceptions; to expand criminal responsibility and civil liability for providing or allowing persons under 21 years of age to consume alcoholic beverages; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 897. By Representatives Price of the 48th, Cooper of the 43rd, Broadrick of the 4th, Lott of the 122nd, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to the care and protection of indigent and elderly patients, so as to provide for the establishment and operation of a drug repository program to accept and dispense unused prescription drugs; to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to repeal the "Utilization of Unused Prescription Drugs Act"; to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., relating to medical assistance generally, so as to revise a provision 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 898. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Wilkinson of the 52nd and Stephens of the 164th:
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 the rate and use of such taxes collected on aviation fuel and aviation jet fuel; 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 899. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Jones of the 47th, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapters 13 and 13A of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers and master settlement agreement enhancements, respectively, so as to revise and add certain definitions; to provide for procedures, conditions, and limitations; to provide for responsibilities of cigarette importers and stamping agents; to provide for duties of the Attorney General and the revenue commissioner; to amend Chapter 11 of Title 48 of the
440
JOURNAL OF THE HOUSE
Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to clarify applicability in conjunction with other provisions of law; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 900. By Representatives Cooper of the 43rd, Weldon of the 3rd, Hawkins of the 27th, Parrish of the 158th, Harden of the 148th and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, so as to authorize the retention of data base information for two years; to provide for delegates of prescribers and dispensers to access data base information under certain conditions; to revise language relating to subpoenas and search warrants; to provide for accessing data base information for purposes of investigation of potential abuse; to provide for the release of nonpatient specific data to the agency for instructional, drug abuse prevention, and research purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 901. By Representatives Teasley of the 37th, Rice of the 95th, Wilkinson of the 52nd, Hitchens of the 161st, Yates of the 73rd and others:
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 the issuance of such license plate to the spouse of an eligible veteran when no motor vehicle is registered in the name of such veteran; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 902. By Representatives Dempsey of the 13th, Clark of the 101st, Randall of the 142nd, Wilkinson of the 52nd, Hawkins of the 27th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for educational information on influenza disease to residents of assisted living communities; to provide for statutory construction; to provide that no cause of action is created; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, FEBRUARY 4, 2016
441
Referred to the Committee on Health & Human Services.
HB 903. By Representatives Strickland of the 111th, Shaw of the 176th, Fleming of the 121st, Bryant of the 162nd and Kirby of the 114th:
A BILL to be entitled an Act to amend Article 4 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to disclosure of records relative to employment security, so as to prevent fraud and abuse of the Unemployment Trust Fund by authorizing the Commissioner of Labor to submit to and receive from the state revenue commissioner certain information related to persons paying into or receiving funds from such fund; to provide penalties for the unlawful divulging of certain confidential information; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 904. By Representatives Strickland of the 111th, Shaw of the 176th, Fleming of the 121st, Bryant of the 162nd and Kirby of the 114th:
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 contribution rates and credits; to change certain provisions relating to rate of employer contributions; to extend certain provisions relating to variations in the standard rate; to extend provisions relating to administrative assessments; to reduce the percentage of the administrative assessment to be assessed for a certain period; to provide exceptions; to change certain provisions relating to additional assessments for a new or newly covered employer; to extend the provision relating to automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 905. By Representatives Ballinger of the 23rd, Oliver of the 82nd, Dempsey of the 13th, Efstration of the 104th, Reeves of the 34th and others:
A BILL to be entitled an Act to amend Code Section 15-11-710, Title 19, and Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to exchange of information, domestic relations, and programs and protection for children and youth, so as to change provisions relating to child abuse; to correct a cross-reference; to change and provide for defined terms; to change provisions relating to protocol committees on child abuse; to remove certain
442
JOURNAL OF THE HOUSE
reporting requirements to the child abuse registry; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 906. By Representatives Kirby of the 114th, Ramsey of the 72nd, Martin of the 49th, Williamson of the 115th and Powell of the 171st:
A BILL to be entitled an Act to amend Code Section 40-2-151 of the Official Code of Georgia Annotated, relating to the annual license fees for operation of vehicles, so as to exclude certain vehicles from payment of the fee charged to alternative fueled vehicles; 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 Transportation.
HB 907. By Representatives Rakestraw of the 19th, Maxwell of the 17th, McCall of the 33rd, Hitchens of the 161st, Carter of the 175th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 and Title 26 of the O.C.G.A., relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects and food, drugs, and cosmetics, respectively, so as to safeguard public health, safety, and welfare by controlling and regulating the manufacture, production, distribution, and sale of e-liquids and vapor pens; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 1249. By Representatives Houston of the 170th, Shaw of the 176th, Carter of the 175th and Sharper of the 177th:
A RESOLUTION honoring the lives of Mr. William Penn Walker, Sr., and Mrs. Ruby Herndon Walker and dedicating an intersection in their memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1250. By Representatives Houston of the 170th, Yates of the 73rd and Shaw of the 176th:
THURSDAY, FEBRUARY 4, 2016
443
A RESOLUTION recognizing United States military veterans and dedicating a parkway in their honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1251. By Representative Houston of the 170th:
A RESOLUTION honoring the life of Mr. Joel Jackson Parrish and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1252. By Representatives Greene of the 151st, Ealum of the 153rd and Rynders of the 152nd:
A RESOLUTION recognizing United States military Purple Heart recipients and dedicating a portion of a highway in their honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1253. By Representatives Sharper of the 177th, Carter of the 175th, Corbett of the 174th, Shaw of the 176th, Kidd of the 145th and others:
A RESOLUTION encouraging local boards of education, nonpublic elementary and secondary schools, governing bodies of charter schools, and public recreation facilities to render instruction on dugout safety to youth athletes participating in the sport of baseball and to construct protective dugout coverings; and for other purposes.
Referred to the Committee on Education.
HR 1254. By Representatives Stephens of the 165th, Stephens of the 164th, Petrea of the 166th, Gordon of the 163rd, Parrish of the 158th and others:
A RESOLUTION encouraging Medicaid care management organizations operating in Georgia to cover certain attention deficit hyperactivity disorder medications; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 1269. By Representatives Dawkins-Haigler of the 91st, Stephenson of the 90th, Dickerson of the 113th, Mitchell of the 88th, Williams of the 168th and others:
444
JOURNAL OF THE HOUSE
A RESOLUTION to amend Senate Resolution 287, proposing an amendment to the Constitution of Georgia to allow the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools, adopted by the General Assembly at the 2015 regular session (Ga. L. 2015, p. 1498), so as to revise the ballot question; to provide for related matters; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the following Bills of the House and Senate were read the second time:
HB 882 HB 884 HB 886 HB 888 HB 890 SB 243
HB 883 HB 885 HB 887 HB 889 SB 193
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 614 Do Pass, by Substitute HB 739 Do Pass, by Substitute
HB 659 Do Pass, by Substitute HB 870 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 Senate and has instructed me to report the same back to the House with the following recommendations:
THURSDAY, FEBRUARY 4, 2016
445
HB 497 HB 738 HB 781
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
HB 561 HB 765 SB 208
Do Pass Do Pass 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:
HB 830 HB 857 HB 867
Do Pass Do Pass Do Pass
HB 839 HB 863 HB 880
Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1198 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 70th
Chairman
Representative Battles of the 15th District, Chairman of the Committee on Retirement, submitted the following report:
446
JOURNAL OF THE HOUSE
Mr. Speaker:
Your Committee on Retirement 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 635 HB 844 SB 243
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Battles of the 15th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 4, 2016
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
Modified Open Rule
HB 593 HB 730 HB 747 HB 800
Low-voltage Contractors, Division of; require continuing education; authorize (Substitute)(RegI-Hawkins-27th) Georgia Peace Officer Standards and Training Council; commissioner of juvenile justice as a voting member; add (Substitute)(JuvJ-Powell-32nd) Motor vehicles; safe operation of motor carriers and commercial motor vehicles; update reference date to federal regulations (MotV-Rogers-10th) Veterinarians; veterinarian-client-patient relationship; clarify scope (A&CA-Jasperse-11th)
Modified Structured Rule
HB 228
Sheriffs; collect and deposit certain fees; provide (Substitute)(Judy-Jones167th)
THURSDAY, FEBRUARY 4, 2016
447
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 830. By Representatives Glanton of the 75th, Douglas of the 78th, Scott of the 76th, Mabra of the 63rd, Stovall of the 74th and others:
A BILL to be entitled an Act to conditionally repeal an Act providing for homestead exemptions from ad valorem taxes for city purposes for residents of the City of Jonesboro, approved May 14, 2002 (Ga. L. 2002, p. 5845), and to enact a new provision; to restate the amount of the homestead exemption for the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, specific conditional repeal, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 839. By Representatives Hatchett of the 150th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4402), so as to change 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 857. By Representatives Fleming of the 121st and Jackson of the 128th:
A BILL to be entitled an Act to provide a homestead exemption from McDuffie County school district ad valorem taxes for educational purposes in the amount of half the assessed value of the homestead for residents of that
448
JOURNAL OF THE HOUSE
school district who are 70 years of age or older and in the full amount of the assessed value of the homestead for residents of that school district who are 75 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 863. By Representative Strickland of the 111th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to revise the manner of filling vacancies on the governing authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 867. By Representatives Taylor of the 173rd, Carter of the 175th and Watson of the 172nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Thomasville 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 880. By Representatives Spencer of the 180th and Corbett of the 174th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, so as to provide for the manner of election of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 4, 2016
449
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 Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley
Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D E 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
Efstration Y Ehrhart Y England
Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan
Glanton Golick Y Gordon Y Gravley Y Greene 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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish
Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Smith, R Y Smyre E 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
VACANT E Waites Y Watson Y Welch E 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 153, nays 1.
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:
450
JOURNAL OF THE HOUSE
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 199. By Senators Jeffares of the 17th, Mullis of the 53rd, Jones of the 25th, Dugan of the 30th, Kennedy of the 18th 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 a definition; to prohibit certain activities within close proximity to polling places; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 273. By Senators Burke of the 11th, Jones of the 25th, Jeffares of the 17th and VanNess of the 43rd:
A BILL to be entitled an Act to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, so as to provide that certain nondiagnostic laboratories are not subject to state licensure as a clinical laboratory; 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 199. By Senators Jeffares of the 17th, Mullis of the 53rd, Jones of the 25th, Dugan of the 30th, Kennedy of the 18th 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 a definition; to prohibit certain activities within close proximity to polling places; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 273. By Senators Burke of the 11th, Jones of the 25th, Jeffares of the 17th and VanNess of the 43rd:
A BILL to be entitled an Act to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, so as to provide that certain nondiagnostic laboratories are not subject to state licensure as a clinical laboratory; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, FEBRUARY 4, 2016
451
Referred to the Committee on Health & Human Services.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Hugley of the 136th et al., Kaiser of the 59th, Welch of the 110th, Turner of the 21st, Carter of the 92nd, Carson of the 46th, and Dawkins-Haigler of the 91st et al.
Pursuant to HR 1255, the House honored the Georgia High School Fencing League and its Member Teams.
Pursuant to HR 973, the House honored Kyle and Brent Pease.
Pursuant to HR 1167, the House recognized February 4, 2016, as Georgia Farm Bureau Federation Day at the state capitol.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Agriculture & Consumer Affairs:
HB 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.
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 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
452
JOURNAL OF THE HOUSE
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.
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 747. By Representatives Rogers of the 10th, Nimmer of the 178th, Dickey of the 140th, Hitchens of the 161st, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe operation of motor carriers and commercial motor vehicles, so as to update the reference date to federal regulations regarding the safe operation of motor carriers and 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 Y Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson
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 Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott
Y Mitchell Y Morris Y Mosby Y Nimmer
Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice
Y Smith, L Y Smith, M Y Smith, R Y Smyre E 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 E Waites Y Watson Y Welch E Weldon
THURSDAY, FEBRUARY 4, 2016
453
Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Frye Y Gardner
Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley
Greene Y Harden
Y Lumsden Mabra
Y Marin Martin
Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Werkheiser E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 161, 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 815. By Representatives Rhodes of the 120th, McCall of the 33rd, Broadrick of the 4th, Williams of the 119th, Knight of the 130th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to meat inspection, so as to provide for the inspection and regulation of certain avian meat products and facilities related to the processing of such products for human consumption; to provide for uniformity; to remove an obsolete provision relating to enforcement responsibility; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Rhodes of the 120th moves to amend HB 815 (LC 40 0993) by replacing line 17 with the following: human food but are not amenable to the Federal Poultry Products Inspection Act; provided, however, that such term shall not include any such avian species raised for recreational purposes which are not sold at wholesale or retail."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison
Y Coomer Y Cooper Y Corbett
Y Harrell Y Hatchett Y Hawkins
Y Mitchell Y Morris Y Mosby
Y Smith, L Y Smith, M Y Smith, R
454
JOURNAL OF THE HOUSE
Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y 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 Lott Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Smyre E Spencer Y Stephens, M Y Stephens, R E 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 N Turner
VACANT E Waites Y Watson Y Welch E 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, as amended, the ayes were 158, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 800. By Representatives Jasperse of the 11th, McCall of the 33rd, England of the 116th, Ballinger of the 23rd, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to veterinarians and veterinary technicians, so as to clarify the scope of the veterinarianclient-patient relationship; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 4, 2016
455
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 Jasperse E 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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT E Waites Y Watson Y Welch E 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 730. By Representatives Powell of the 32nd and Weldon of the 3rd:
A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to add the commissioner of juvenile justice or his or her designee as a voting member of the Georgia Peace Officer Standards and Training Council; to provide for related matters; to repeal conflicting laws; and for other purposes.
456
JOURNAL OF THE HOUSE
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 35-8-3 of the Official Code of Georgia Annotated, relating to establishment of the Georgia Peace Officer Standards and Training Council and membership, so as to add the commissioners of juvenile justice and natural resources or their designees as voting members of the Georgia Peace Officer Standards and Training 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. Code Section 35-8-3 of the Official Code of Georgia Annotated, relating to establishment of the Georgia Peace Officer Standards and Training Council and membership, is amended by revising subsection (a) and paragraph (1) of subsection (b) as follows:
"(a) The Georgia Peace Officer Standards and Training Council is established. The council shall consist of 20 22 voting members and five advisory members."
"(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 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, the commissioner of juvenile justice or his or her designee, and the commissioner of natural resources or his or her designee, who shall be ex officio members of the council;"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 4, 2016
457
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley
Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 Jasperse E 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT E Waites Y Watson Y Welch E 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 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
458
JOURNAL OF THE HOUSE
requirements under certain circumstances; to provide for applicability; 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 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 a 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by adding a new subsection to Code Section 43-14-6, relating to the power and duties of divisions within the State Construction Industry Licensing Board, to read as follows:
"(h)(1) The Division of Low-voltage Contractors shall be authorized to require persons seeking renewal of Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-Glicenses to complete board approved continuing education of not more than four hours annually. The division shall be authorized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to low-voltage contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs conducted by manufacturers specifically to promote their products shall not be approved. (2) The Division of Low-voltage Contractors shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate. (3) This subsection shall apply to license renewals occurring after February 28, 2018. (4) This subsection shall not apply to any person seeking to renew a Low-voltage Contractor Class LV-A, LV-G, LV-U, or LV-T license who:
(A) Holds an Electrical Contractor Class I or Class II license or both; and
THURSDAY, FEBRUARY 4, 2016
459
(B) Has fulfilled the continuing education requirements required by the Division of Electrical Contractors pursuant to subsection (e) of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Stover of the 71st and Pezold of the 133rd move to amend the House Committee on Regulated Industries substitute to HB 593 (LC 36 2940S) by striking lines 19 and 20 and inserting in lieu thereof the following: higher learning and vocational-technical schools; provided, however, that continuing education courses or programs related
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison N Atwood N Ballinger N Barr N Battles
Beasley-Teague N Belton E Bennett, K N Bennett, T N Bentley N Benton N Beskin N Beverly N Blackmon N Broadrick Y Brockway N Bruce N Bryant N Buckner N Burns N Caldwell, J Y Caldwell, M N Cantrell N Carson N Carter, A N Carter, D N Casas N Chandler N Cheokas
Clark, D Y Clark, H N Clark, V
N Coomer N Cooper N Corbett N Dawkins-Haigler N Deffenbaugh N Dempsey N Dickerson N Dickey N Dickson N Dollar N Douglas N Drenner Y Dudgeon N Dukes N Dunahoo N Duncan N Ealum N Efstration E Ehrhart
England N Epps N Evans N Fleming N Floyd N Fludd N Frazier N Frye N Gardner N Gasaway Y Gilligan N Glanton N Golick N Gordon Y Gravley
N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hitchens N Holcomb N Holmes N Houston N Howard N Hugley N Jackson N Jasperse E Jones, J N Jones, J.B. N Jones, L N Jones, S E Jordan
Kaiser N Kelley Y Kendrick
Kidd N Kirby N Knight N LaRiccia N Lott N Lumsden N Mabra N Marin N Martin N Maxwell N Mayo N McCall N McClain
N Mitchell N Morris Y Mosby N Nimmer N Nix N Oliver N Pak N Parrish N Parsons N Peake N Petrea Y Pezold N Pirkle N Powell, A N Powell, J N Price N Prince E Pruett N Quick N Raffensperger N Rakestraw N Ramsey
Randall N Reeves N Rhodes N Rice N Rogers, C N Rogers, T N Rutledge N Rynders N Scott E Setzler N Sharper N Shaw
N Smith, L N Smith, M N Smith, R N Smyre E Spencer N Stephens, M N Stephens, R N Stephenson N Stovall Y Stover N Strickland N Tankersley N Tanner N Tarvin N Taylor, D N Taylor, T N Teasley N Thomas, A.M. N Thomas, E N Trammell N Turner
VACANT E Waites N Watson
Welch E Weldon N Werkheiser E Wilkerson N Wilkinson N Willard N Williams, A N Williams, C N Williams, E N Williamson
460
JOURNAL OF THE HOUSE
N Coleman Y Cooke
N Greene N Harden
N Meadows N Metze
N Sims N Smith, E
Y Yates Ralston, Speaker
On the adoption of the amendment, the ayes were 14, nays 147.
The amendment was lost.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison N Atwood Y Ballinger N Barr Y Battles N Beasley-Teague Y Belton E Bennett, K Y Bennett, T N Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick N Brockway N Bruce Y Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M N Cantrell N Carson Y Carter, A N Carter, D N Casas Y Chandler Y Cheokas
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 N Dickerson N Dickey Y Dickson N Dollar N Douglas N Drenner N Dudgeon N Dukes Y Dunahoo N Duncan Y Ealum Y Efstration E Ehrhart
England Y Epps Y Evans Y Fleming N Floyd Y Fludd N Frazier N Frye N Gardner N Gasaway Y Gilligan Y Glanton Y Golick N Gordon N Gravley Y Greene Y Harden
N Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens N Holcomb N Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse E Jones, J Y Jones, J.B. N Jones, L N Jones, S E Jordan
Kaiser Y Kelley N Kendrick
Kidd N Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin N Martin Y Maxwell N Mayo Y McCall Y McClain Y Meadows N Metze
Y Mitchell N Morris N Mosby Y Nimmer Y Nix N Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price N Prince E Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes N Rice Y Rogers, C Y Rogers, T N Rutledge N Rynders N Scott E Setzler N Sharper Y Shaw Y Sims N Smith, E
N Smith, L N Smith, M Y Smith, R N Smyre E Spencer Y 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 N Thomas, A.M. N Thomas, E Y Trammell N Turner
VACANT E Waites Y Watson Y Welch E Weldon N Werkheiser E Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E N Williamson N Yates
Ralston, Speaker
THURSDAY, FEBRUARY 4, 2016
461
On the passage of the Bill, by substitute, the ayes were 81, nays 83.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Hawkins of the 27th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 593.
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.
The following Committee substitute was read and adopted:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, is amended by revising subsection (a) to read as follows:
"(a) Reserved. In all counties in this state where the sheriff is paid on a salary only basis, this Code section shall apply as far as fees to be charged, but all such fees shall be remitted to the county treasurer or fiscal officer of the county upon 30 days of receipt."
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.
462
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas
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 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 Jasperse E 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C N 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 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 Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT E Waites Y Watson N Welch E 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 164, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Reeves of the 34th moved that the following Bill of the House be withdrawn from the Committee on Juvenile Justice and recommitted to the Committee on Judiciary:
THURSDAY, FEBRUARY 4, 2016
463
HB 881. By Representatives Reeves of the 34th, Fleming of the 121st, Kelley of the 16th, Oliver of the 82nd, Evans of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to substantially revise the general provisions applicable to adoptions; to change the requirements for adopting children; to provide for adoption of foreign-born children; to provide for a waiver to withdraw a surrender of rights; to change the age for individuals to access the Adoption Reunion Registry; to revise and provide for forms; to provide for the annulment of an adoption under certain circumstances; to amend Code Section 15-11-320 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 1270. By Representatives Welch of the 110th, Holmes of the 129th and Knight of the 130th:
A RESOLUTION commending Mayor David Nestor; and for other purposes.
HR 1271. By Representative Jones of the 53rd:
A RESOLUTION recognizing Judge Shondeana Crews Morris; and for other purposes.
HR 1272. By Representative Thomas of the 56th:
A RESOLUTION recognizing Mamie King Chalmers; and for other purposes.
HR 1273. By Representative Thomas of the 56th:
A RESOLUTION commending Ms. Kimberly G. Hollingshed; and for other purposes.
HR 1274. By Representatives Henson of the 86th, Abrams of the 89th, Wilkinson of the 52nd, Oliver of the 82nd and Beskin of the 54th:
464
JOURNAL OF THE HOUSE
A RESOLUTION recognizing January 27, 2016, as International Holocaust Remembrance Day and May 5, 2016, as Holocaust Remembrance Day at the capitol; and for other purposes.
HR 1275. By Representatives Dempsey of the 13th, Lumsden of the 12th, Coomer of the 14th, Houston of the 170th and Ballinger of the 23rd:
A RESOLUTION recognizing and celebrating the 100th anniversary of the Darlington School honor system; and for other purposes.
HR 1276. By Representatives Willard of the 51st, Price of the 48th and Smyre of the 135th:
A RESOLUTION recognizing and commending the collaboration between Shriners Hospitals for Children and the PeachCare for Kids Health Care Program; and for other purposes.
HR 1277. By Representatives Smyre of the 135th, Dukes of the 154th and Hugley of the 136th:
A RESOLUTION recognizing February 9, 2016, as the eighth annual Omega Psi Phi Fraternity, Inc., Day at the state capitol; and for other purposes.
HR 1278. By Representatives Corbett of the 174th, Shaw of the 176th, Carter of the 175th and Sharper of the 177th:
A RESOLUTION recognizing and commending Julie Doss for her outstanding accomplishments in the 2015 Special Olympics World Games; and for other purposes.
HR 1279. By Representatives Corbett of the 174th, Shaw of the 176th, Carter of the 175th and Sharper of the 177th:
A RESOLUTION commending Mr. Eddie B. Tucker; and for other purposes.
HR 1280. By Representatives Taylor of the 173rd, Carter of the 175th, Watson of the 172nd, Pezold of the 133rd and Yates of the 73rd:
A RESOLUTION commending Mr. Jim Hall; and for other purposes.
HR 1281. By Representatives Beskin of the 54th, Willard of the 51st, Quick of the 117th, Oliver of the 82nd, Atwood of the 179th and others:
THURSDAY, FEBRUARY 4, 2016
465
A RESOLUTION honoring the life and memory of Mr. Jack P. Turner; and for other purposes.
HR 1282. By Representatives Epps of the 144th, Dickey of the 140th, Evans of the 42nd, Holmes of the 129th, Smith of the 70th and others:
A RESOLUTION recognizing February 29, 2016, as REACH Georgia Day at the state capitol and commending the REACH Georgia program coordinators, mentors, academic coaches, and supporters for their dedicated service to the lives of our REACH Scholars; and for other purposes.
HR 1283. 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 Mr. Charles "Chuck" Clausen; and for other purposes.
HR 1284. By Representatives Quick of the 117th, Williams of the 119th, Pezold of the 133rd, Rutledge of the 109th, Fleming of the 121st and others:
A RESOLUTION recognizing and commending the Georgia Teen Republicans for their history and accomplishments within the State of Georgia; and for other purposes.
HR 1285. By Representatives Metze of the 55th, Thomas of the 56th, Smyre of the 135th, Mitchell of the 88th, Abrams of the 89th and others:
A RESOLUTION Recognizing Turner Theological Seminary and honoring Bishop Henry McNeal Turner; and for other purposes.
HR 1286. By Representatives Kaiser of the 59th, Carter of the 92nd, Buckner of the 137th, Smith of the 70th, Beskin of the 54th and others:
A RESOLUTION recognizing February 4, 2016, as Wear Red Day; and for other purposes.
HR 1287. By Representatives Dempsey of the 13th, England of the 116th, Oliver of the 82nd, Harden of the 148th, Houston of the 170th and others:
A RESOLUTION recognizing and honoring Georgia Family Connection on the occasion of its 25th anniversary and expressing gratitude for their service to the children and families of Georgia; and for other purposes.
466
JOURNAL OF THE HOUSE
HR 1288. By Representative Alexander of the 66th:
A RESOLUTION commending Mrs. Lexie Carlisle; and for other purposes.
HR 1289. By Representative Parsons of the 44th:
A RESOLUTION recognizing Mr. James E. Frazier; and for other purposes.
HR 1290. By Representatives Williams of the 119th, Quick of the 117th and Coleman of the 97th:
A RESOLUTION recognizing the Oconee County Warrior football team; and for other purposes.
HR 1291. By Representatives Williams of the 119th, Quick of the 117th, Coleman of the 97th and Clark of the 101st:
A RESOLUTION commending Shawna McGrath, Oconee County Schools 2016 Teacher of the Year; and for other purposes.
HR 1292. By Representatives Williams of the 119th, Peake of the 141st, Beverly of the 143rd, Epps of the 144th, Houston of the 170th and others:
A RESOLUTION honoring the life and memory of Mr. Dan Gary; and for other purposes.
HR 1293. By Representatives Howard of the 124th, Bentley of the 139th, Prince of the 127th, Jackson of the 128th, Frazier of the 126th and others:
A RESOLUTION recognizing Renata Charmaine Williams Boston, Georgia Funeral Service Practitioners Association's Mortician of the Year for the 8th District; and for other purposes.
HR 1294. By Representatives Abrams of the 89th, Hugley of the 136th, Dickerson of the 113th and Belton of the 112th:
A RESOLUTION recognizing Mr. Charley Humbard, president of UP TV, for his commitment to eradicate bullying in the State of Georgia and the nation; and for other purposes.
Representative Morris of the 156th District, Chairman of the Committee on Banks and Banking, submitted the following report:
THURSDAY, FEBRUARY 4, 2016
467
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 811 Do Pass, by Substitute
Respectfully submitted, /s/ Morris of the 156th
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 804 HB 856 HB 871
Do Pass, by Substitute Do Pass Do Pass
Respectfully submitted, /s/ Willard of the 51st
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 726 HB 769 HB 822
Do Pass Do Pass Do Pass
HB 766 HB 802 HB 862
Do Pass Do Pass Do Pass, by Substitute
468
JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Powell of the 171st
Chairman
Representative Burns of the 159th moved that the House stand in recess until 4:00 o'clock, P.M., at which time the House will stand adjourned until 11:00 o'clock, A.M. Monday, February 8, 2016.
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 11:00 o'clock, A.M. Monday, February 8, 2016.
MONDAY, FEBRUARY 8, 2016
469
Representative Hall, Atlanta, Georgia
Monday, February 8, 2016
Seventeenth 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 Atwood Ballinger Barr Battles E Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Buckner Burns E Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman E Cooke Coomer
Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickson Dollar Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming E Floyd Fludd Frazier Frye Gasaway Gilligan Glanton Gordon Gravley Greene Harden Harrell Hatchett
Hawkins E Henson
Hightower E Hitchens
Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Jordan E Kaiser E Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows Metze
Mitchell Morris Mosby Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice 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 E Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner E Waites Watson E 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:
470
JOURNAL OF THE HOUSE
Representatives Bruce of the 61st, Bryant of the 162nd, Dickey of the 140th, Gardner of the 57th, Golick of the 40th, Pruett of the 149th, Stephenson of the 90th, and Weldon of the 3rd.
They wished to be recorded as present.
Prayer was offered by Dr. Mike Brandenburg, Butler First Baptist Church, Butler, 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 908. By Representatives Powell of the 32nd, Kaiser of the 59th and Gardner of the 57th:
A BILL to be entitled an Act to amend Article 13 of Chapter 6 of Title 40 of the O.C.G.A., relating to special provisions for certain vehicles, so as to clarify that certain all-terrain vehicles, class-I all-terrain vehicles, class-II all-
MONDAY, FEBRUARY 8, 2016
471
terrain vehicles, and class-III all-terrain vehicles are subject to the uniform rules of the road; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 909. By Representatives Fleming of the 121st, McCall of the 33rd, Rhodes of the 120th, Pirkle of the 155th, Corbett of the 174th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, so as to prohibit unfair discrimination in setting fire insurance rates based on certain standards; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 910. By Representatives Frye of the 118th, Fleming of the 121st, Kelley of the 16th, Mabra of the 63rd, Weldon of the 3rd and others:
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 provide that provisions relating to the costs of copying and mailing patient records apply to psychiatric, psychological, and other mental health records; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 911. By Representatives Duncan of the 26th, Watson of the 172nd, Harrell of the 106th, Buckner of the 137th, Powell of the 171st 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 sales and use tax, so as to provide for administration by the Department of Revenue of the exemption for agricultural machinery and equipment; to provide for a change to the qualifying amounts for the agricultural exemption; to provide for the separation of qualifying items at the point of sale; 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.
472
JOURNAL OF THE HOUSE
HB 912. By Representatives Williamson of the 115th, Powell of the 171st 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 a state Tax Execution Registry; to provide for definitions, limitations, and procedures; to amend Title 11 of the Official Code of Georgia Annotated, relating to the Uniform Commercial Code, so as to include the Tax Execution Registry; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to conform the clerk's duties to the Tax Execution Registry; to provide a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 913. By Representatives Scott of the 76th, Yates of the 73rd, Hitchens of the 161st, Dawkins-Haigler of the 91st, Smith of the 125th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to require the maintenance of a women veterans' program by the commissioner of veterans service; to provide for the purposes of such women veterans' program; to require an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 914. By Representatives Teasley of the 37th, Hatchett of the 150th, Smith of the 41st, Ramsey of the 72nd, Douglas of the 78th and others:
A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the Fair Business Practices Act, so as to provide for requirements for solicitations of services to obtain a copy of an instrument conveying real estate; 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 915. By Representatives Welch of the 110th, Willard of the 51st, Oliver of the 82nd, Houston of the 170th, Dempsey of the 13th and others:
MONDAY, FEBRUARY 8, 2016
473
A BILL to be entitled an Act to amend Title 49 of the O.C.G.A., relating to social services, so as to establish that criminal records checks shall be required for owners and employees of certain licensed facilities under the Department of Human Services; to provide for confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 916. By Representatives Hightower of the 68th, Welch of the 110th, McCall of the 33rd, Knight of the 130th, Petrea of the 166th and others:
A BILL to be entitled an Act to amend Code Section 26-4-118 of the O.C.G.A., relating to "The Pharmacy Audit Bill of Rights;" so as to remove an exception relating to certain audits conducted by the Department of Community Health; to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., relating to medical assistance generally, so as to provide that clerical or other errors do not constitute a basis to recoup payments made by providers of medical assistance; to provide for a correction period; 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 clerical or other errors do not constitute a basis to recoup payments made by providers of medical assistance; to provide for a correction period; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 917. By Representatives Smyre of the 135th, Dukes of the 154th and Hugley of the 136th:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects, causes, agencies, or nonprofit corporations, so as to establish a specialty license plate for the Omega Psi Phi Fraternity, Inc.; to provide for related matters; to require a two-thirds' majority vote for passage in accordance with constitutional requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 918. By Representatives Efstration of the 104th, England of the 116th, Willard of the 51st, Trammell of the 132nd, Cooper of the 43rd and others:
474
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Chapter 6 of Title 10 of the O.C.G.A., relating to agency, so as to update and conform provisions relating to powers of attorney to a uniform Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 919. By Representatives Duncan of the 26th, Shaw of the 176th, Houston of the 170th, Cheokas of the 138th, Greene of the 151st and others:
A BILL to be entitled an Act to amend Titles 31 and 48 of the Official Code of Georgia Annotated, relating to health and revenue and taxation, respectively, so as to approve rural health care organizations which provide health care services to underserved areas in this state; to provide for definitions; to provide for tax credits for contributions to rural health care organizations; to provide for the amount, nature, limits, and procedures for such tax credits; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 920. By Representatives Kelley of the 16th, Powell of the 171st, Fleming of the 121st, Petrea of the 166th and Cooper of the 43rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to restrict civil actions against passive investors in nursing homes and intermediate care homes; to provide for definitions; to provide for procedure; to provide for insurance or self-insurance trusts as a condition precedent to obtaining or maintaining a permit to operate a nursing home or intermediate care home; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 921. By Representatives Houston of the 170th, Shaw of the 176th, Powell of the 171st, Watson of the 172nd, Nimmer of the 178th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from state income taxation, so as to provide tax credit incentives to promote the revitalization of vacant rural Georgia downtowns by encouraging investment, job creation, and economic growth
MONDAY, FEBRUARY 8, 2016
475
in long-established business districts; to provide for definitions; to delineate procedures, conditions, eligibility, and limitations; to provide for powers, duties, and authority of the commissioner of community affairs, the commissioner of economic development, and the revenue commissioner; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 922. By Representatives Williamson of the 115th, Knight of the 130th, Kelley of the 16th, Harrell of the 106th, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to a tax credit for creating quality jobs, so as to add a definition of taxpayer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 923. By Representatives Quick of the 117th and Benton of the 31st:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide an exemption for fire districts which have elected governing bodies and are supported by ad valorem taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 924. By Representatives Epps of the 144th, Stephens of the 164th, Peake of the 141st, Dickey of the 140th, Randall of the 142nd and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for a limited period of time an exemption from state sales and use tax only with respect to certain sales to a qualified job training organization; to provide for procedures, conditions, and limitations; to provide an effective date and sunset date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
476
JOURNAL OF THE HOUSE
HB 925. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 926. By Representatives Broadrick of the 4th, Stephens of the 164th, Harden of the 148th and Parrish of the 158th:
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 regulation of certain facilities and entities involved in the wholesale, manufacture, and distribution of drugs; to provide definitions; to provide for licensure and registration; to provide for temporary pharmacy licenses for service members; to revise provisions relating to the compounding of drug products to conform with federal law; to establish requirements relating to drug supply chain security; to revise a provision relating to the return of outdated drugs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 927. By Representatives Coomer of the 14th, Willard of the 51st, Dickey of the 140th, Nimmer of the 178th, Rogers of the 10th and others:
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts; to amend Chapter 6 of Title 5, Part 7 of Article 1 of Chapter 1 of Title 7, Chapter 6 of Title 9, Chapter 2 of Title 21, Article 3 of Chapter 4 of Title 23, Chapter 2 of Title 44, and Code Section 48-5-17, relating to certiorari and appeals to appellate courts generally, receivership powers and procedures generally, extraordinary writs, elections and primaries generally, decrees, recordation and registration of deeds and other instruments, and proceedings to determine county entitled to return and payment; to amend Chapter 2 of Title 15 of the O.C.G.A., relating to the Supreme Court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
MONDAY, FEBRUARY 8, 2016
477
HB 928. By Representative Fludd of the 64th:
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 create the offense of religious intimidation; to provide for penalties; to provide for a cross-reference to the offense of religious intimidation in the crime of using machine guns, sawed-off rifles, sawed-off shotguns, or firearms during the commission of certain offenses; 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 Resolutions of the House and Senate were read the second time:
HB 891 HB 893 HB 895 HB 897 HB 899 HB 901 HB 903 HB 905 HB 907 HR 1250 HR 1252 HR 1254 SB 199
HB 892 HB 894 HB 896 HB 898 HB 900 HB 902 HB 904 HB 906 HR 1249 HR 1251 HR 1253 HR 1269 SB 273
Representative Coomer of the 14th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1052 Do Pass, by Substitute
Respectfully submitted, /s/ Coomer of the 14th
Chairman
478
JOURNAL OF THE HOUSE
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 8, 2016
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:
DEBATE CALENDAR
Modified Open Rule
HB 649 HB 759 HB 775 HB 780
Georgia Lactation Consultant Practice Act; enact (Substitute)(H&HSCooper-43rd) Courts; financial institutions; certain activities shall not constitute the unauthorized practice of law; provide (Judy-Willard-51st) Health; restrictions on sale and dispensing of spectacles; provide (Substitute)(RegI-Ehrhart-36th) Health; certain nondiagnostic laboratories not subject to state licensure as a clinical laboratory; provide (H&HS-Lott-122nd)
Modified Structured Rule
HB 737 HB 767
Code Revision Commission; revise, modernize and correct errors of said Code (CR-Caldwell-131st) Motor vehicles; add utility service vehicles to the "Spencer Pass Law"; provisions (MotV-Powell-32nd) AM 39 0147
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:
MONDAY, FEBRUARY 8, 2016
479
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 230. By Senators Hufstetler of the 52nd, Unterman of the 45th, Burke of the 11th and Watson of the 1st:
A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the enactment of the "Uniform Emergency Volunteer Health Practitioners Act"; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 315. By Senators Williams of the 27th and Gooch of the 51st:
A BILL to be entitled an Act to amend an Act to create the Forsyth County Public Facilities Authority, approved May 1, 2008 (Ga. L. 2008, p. 3637), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3944), so as to revise a definition; to provide a monetary limitation; to provide for related matters; to provide an effective date and severability; 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 230. By Senators Hufstetler of the 52nd, Unterman of the 45th, Burke of the 11th and Watson of the 1st:
A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the enactment of the "Uniform Emergency Volunteer Health Practitioners Act"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 315. By Senators Williams of the 27th and Gooch of the 51st:
A BILL to be entitled an Act to amend an Act to create the Forsyth County Public Facilities Authority, approved May 1, 2008 (Ga. L. 2008, p. 3637), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3944), so as to revise a definition; to provide a monetary limitation; to provide for related matters; to provide an effective date and severability; to repeal conflicting laws; and for other purposes.
480
JOURNAL OF THE HOUSE
Referred to the Committee on Intragovernmental Coordination - Local.
Representative Hawkins of the 27th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
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.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton N Bennett, K N Bennett, T Y Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick N Brockway N Bruce Y Bryant N Buckner Y Burns E Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter, A N Carter, D N Casas
Chandler Y Cheokas Y Clark, D
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas Y Drenner E Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd N Frazier N Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick
Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower E Hitchens N Holcomb N Holmes Y Houston N Howard N Hugley
Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan E Kaiser E Kelley N Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra N Marin Y Martin Y Maxwell N Mayo
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince
Pruett N Quick N Raffensperger
Rakestraw Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Rutledge Y Rynders N Scott E Setzler
Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson N Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. N Thomas, E N Trammell N Turner
VACANT E Waites Y Watson E Welch
Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A E Williams, C
MONDAY, FEBRUARY 8, 2016
481
N Clark, H Y Clark, V Y Coleman E Cooke
N Gordon Y Gravley Y Greene Y Harden
Y McCall N McClain Y Meadows N Metze
N Sharper Y Shaw Y Sims N Smith, E
N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 104, nays 50.
The motion prevailed.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Burns of the 159th, Battles of the 15th, Coleman of the 97th, Mitchell of the 88th, Dempsey of the 13th et al., Kendrick of the 93rd, Jones of the 62nd, and Frye of the 118th et al.
Pursuant to HR 1275, the House recognized and celebrated the 100th anniversary of the Darlington School honor system.
Pursuant to HR 1202, the House recognized and commended Alexus Shaw on her successful track season.
Pursuant to HR 1201, the House recognized and commended the 2015 Pierce County High School Competition Cheerleaders.
Pursuant to HR 1285, the House recognized Turner Theological Seminary and honored Bishop Henry McNeal Turner.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Governmental Affairs:
HB 781. By Representatives Raffensperger of the 50th, Rynders of the 152nd, Jones of the 167th, Taylor of the 173rd, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Chapter 80 of Title 36, Article 1 of Chapter 2 of Title 45, and Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities; general provisions regarding eligibility and qualifications for public office; and general provisions relating to state government, respectively, so as to require that individuals appointed to authorities, boards, councils, and commissions be United States citizens; to provide for other residency requirements; to provide for a definition; to provide for enforcement; to provide an effective
482
JOURNAL OF THE HOUSE
date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the House was postponed until the next legislative day:
HB 737. By Representative Caldwell of the 131st:
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 codify a joint resolution; 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.
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 775. By Representatives Ehrhart of the 36th and Meadows of the 5th:
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 provide for restrictions on the sale and dispensing of spectacles; to provide for definitions; to provide for violations; 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 31 of the Official Code of Georgia Annotated, relating to the control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for restrictions on the sale and dispensing of spectacles; to provide for definitions; to provide for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
MONDAY, FEBRUARY 8, 2016
483
SECTION 1.
Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to the control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by revising Code Section 31-12-12, relating to restrictions on the sale or dispensing of contact lenses, as follows:
"31-12-12. (a) As used in this Code section, the term:
(1) 'Contact lens' means any lens placed directly on the surface of the eye, regardless of whether or not it is intended to correct a visual defect. Contact lens includes, but is not limited to, any cosmetic, therapeutic, or corrective lens. (2) 'Dispense' means the act of furnishing spectacles or contact lenses to an individual. (3) 'Eye examination' means an in-person assessment, which includes telemedicine at a physician's office or optometrist's office or in a hospital setting or hospital health system setting in accordance with the applicable standard of care, of the ocular health and visual status of an individual that does not consist of solely objective refractive data or information generated by an automated testing device, including an autorefractor or kiosk, in order to establish a medical diagnosis or for the establishment of refractive error. (4) 'Kiosk' means automatic equipment or application designed to be used on a telephone, a computer, or an Internet based device that can be used either in person or remotely to conduct an eye examination. (5) 'Over-the-counter spectacles' means eyeglasses or lenses in a frame for the correction of vision that may be sold by any person, firm, or corporation at retail without a prescription; these spectacles shall not exceed +3.25 diopters. (6) 'Prescription' means an optometrist's or ophthalmologist's handwritten or electronic order based on an eye examination that corrects refractive error. (7) 'Spectacles' means an optical instrument or device worn or used by an individual that has one or more lenses designed to correct or enhance vision addressing the visual needs of the individual wearer, commonly known as glasses or eyeglasses, including spectacles that may be adjusted by the wearer to achieve different types of visual correction or enhancement. Spectacles does not include an optical instrument or device that is not intended to correct or enhance vision or that is sold without consideration of the visual status of the individual who will use the optical instrument or device. Spectacles does not include over-the-counter spectacles.
(a)(b)(1)(A) No person in this state shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses or spectacles to the ultimate user of such contact lenses or spectacles except persons licensed and regulated by Chapter 29, 30, or 34 of Title 43. (B) No person in this state shall write a prescription for contact lenses or spectacles except persons licensed and regulated by Chapter 30 or 34 of Title 43. (C) No person in this state shall write a prescription for contact lenses or spectacles unless an eye examination is performed. The prescription shall take into
484
JOURNAL OF THE HOUSE
consideration any medical findings and any refractive error discovered during the eye examination. (2) Any person who violates a subparagraph of paragraph (1) of this subsection one or two times shall upon conviction be guilty of a misdemeanor and punished by imprisonment for up to one year or by a fine not to exceed $1,000.00 or by both such fine and imprisonment. Any person who violates a subparagraph of paragraph (1) of this subsection three or more times shall upon conviction be guilty of a felony and punished by imprisonment for one to five years or by a fine not to exceed $10,000.00 or by both such fine and imprisonment. (b)(c) All contact lenses used in the determination of a contact lens prescription are considered to be diagnostic lenses. After the diagnostic period and the contact lenses have been adequately fitted and the patient released from immediate follow-up care by persons licensed and regulated by Chapter 29, 30, or 34 of Title 43, the prescribing optometrist or ophthalmologist shall, upon the request of the patient, at no cost, provide a prescription in writing for replacement contact lenses. A person shall not dispense or adapt contact lenses or spectacles without first receiving authorization to do so by a written prescription, except when authorized orally to do so by a person licensed and regulated by Chapter 30 or 34 of Title 43. (c)(d) Patients who comply with such fitting and follow-up requirements as may be established by the prescribing optometrist or ophthalmologist may obtain replacement contact lenses until the expiration date listed on the prescription from a person who may lawfully dispense contact lenses under subsection (a)(b) of this Code section. (d)(e) A prescriber may refuse to give the patient a copy of the patient's prescription until the patient has paid for all services rendered in connection with the prescription. (e)(f) No replacement contact lenses may be sold or dispensed except pursuant to a prescription which: (1) Conforms to state and federal regulations governing such forms and includes the name, address, and state licensure number of a prescribing practitioner; (2) Explicitly states an expiration date of not more than 12 months from the date of the last prescribing contact lens examination, unless a medical or refractive problem affecting vision requires an earlier expiration date; (3) Explicitly states the number of refills; (4) Explicitly states that it is for contact lenses and indicates the lens brand name and type, including all specifications necessary for the ordering or fabrication of lenses; and (5) Is kept on file by the person selling or dispensing the replacement contact lenses for at least 24 months after the prescription is filled. (f)(g) Anyone who fills a prescription bears the full responsibility of the accuracy of the contact lenses or spectacles provided under the prescription. At no time, without the direction of a prescriber, shall any changes or substitutions be made in the brand or type of lenses the prescription calls for with the exceptions of tint change if requested by the patient. However, if a prescription specifies 'only' a specific color or tinted lens, those instructions shall be observed.
MONDAY, FEBRUARY 8, 2016
485
(g)(h) All sales of and prescriptions for contact lenses in this state shall conform to the federal Fairness to Contact Lens Consumers Act, P.L. 108-164, 15 U.S.C.A. Section 7601, et seq. The provisions of this Code section shall be construed in aid of and in conformity with said federal act. (h)(i) Civil proceedings to enforce the provisions of this Code section may be brought by any board created under Chapter 29, 30, or 34 of Title 43 or by any other interested person through injunction or other appropriate remedy."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E Dudgeon E 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
Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley
Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower E Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan E Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw
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 Y Taylor, D
Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
Turner VACANT E Waites Y Watson E Welch Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A E Williams, C Y Williams, E Y Williamson
486
JOURNAL OF THE HOUSE
Y Coleman E Cooke
Y Greene Y Harden
Y Meadows Metze
Y Sims Y Smith, E
Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 767. By Representatives Powell of the 32nd, Hitchens of the 161st, Petrea of the 166th, Waites of the 60th, Taylor of the 173rd 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 add utility service vehicles to the "Spencer Pass Law"; to provide a procedure for passing stationary utility service vehicles; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Powell of the 32nd moves to amend HB 767/LC 41 0592 by deleting lines 4 and 5 and inserting in lieu thereof the following: service vehicles; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
By deleting lines 12 and 13 and inserting in lieu thereof the following: maintenance vehicles, by revising subsections (c) and (d) and by adding a new subsection (e) to read as follows:
By deleting lines 25 and 26 and inserting in lieu thereof the following: the posted speed limit, and be prepared to stop. (d)(1) Violation of subsection (b) or (c) of this Code section shall be punished by a fine of not more than $500.00. (2) Violation of subsection (c) of this Code section shall be punished by a fine of not more than $250.00.
(e) As used in this Code section, the term:
By deleting "sanitation" on line 32.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
MONDAY, FEBRUARY 8, 2016
487
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 E Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner E Dudgeon E Dukes Y Dunahoo 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower E Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan E Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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 E Waites Y Watson E Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A E Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 759. By Representatives Willard of the 51st and Morris of the 156th:
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 that certain activities by financial institutions
488
JOURNAL OF THE HOUSE
shall not constitute the unauthorized practice of 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Dawkins-Haigler Y Deffenbaugh
Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner E Dudgeon E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower E Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan E Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin
Maxwell Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 Y Turner
VACANT E Waites Y Watson E Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A E Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 780. By Representatives Lott of the 122nd, Williamson of the 115th, Cooper of the 43rd, Fleming of the 121st, Sims of the 123rd and others:
MONDAY, FEBRUARY 8, 2016
489
A BILL to be entitled an Act to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, so as to provide that certain nondiagnostic laboratories are not subject to state licensure as a clinical laboratory; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner E Dudgeon E Dukes Y Dunahoo 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower E Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan E Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 Y Turner
VACANT E Waites Y Watson E Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A E 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.
490
JOURNAL OF THE HOUSE
HB 649. By Representatives Cooper of the 43rd, Clark of the 101st, Knight of the 130th, Jones of the 53rd, Stephenson of the 90th 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, 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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncturists, and others, is amended by adding a new article to read as follows:
"ARTICLE 9A
43-34-260. This article shall be known and may be cited as the 'Georgia Lactation Consultant Practice Act.'
43-34-261. The General Assembly acknowledges that the application of specific knowledge and skills relating to breastfeeding is important to the health of mothers and babies and acknowledges further that the rendering of sound lactation care and services in hospitals, physician practices, private homes, and other settings requires trained and competent professionals. It is declared, therefore, to be the purpose of this article to
MONDAY, FEBRUARY 8, 2016
491
protect the health, safety, and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in lactation care and services.
43-34-262. As used in this article, the term:
(1) 'Advisory committee' means the committee appointed pursuant to Code Section 43-34-263. (2) 'Applicant' means any person seeking a license under this article. (3) 'International Board Certified Lactation Consultant (IBCLC)' means a person who holds current certification from the International Board of Lactation Consultant Examiners (IBLCE) after demonstrating the appropriate education, knowledge, and experience necessary for independent clinical practice. (4) 'International Board of Lactation Consultant Examiners (IBLCE)' means the international organization that certifies IBCLCs and is independently accredited by the National Commission of Certifying Agencies. (5) 'Lactation care and services' means the clinical application of scientific principles and a multidisciplinary body of evidence for evaluation, problem identification, treatment, education, and consultation to childbearing families regarding lactation care and services. Lactation care and services shall include, but not be limited to:
(A) Lactation assessment through the systematic collection of subjective and objective data; (B) Analysis of data and creation of a lactation care plan; (C) Implementation of a lactation care plan with demonstration and instruction to parents and communication to the primary health care provider; (D) Evaluation of outcomes; (E) Provision of lactation education to parents and health care providers; and (F) The recommendation and use of assistive devices. (6) 'Lactation consultant' means a person duly licensed under this article to practice lactation care and services. (7) 'License' means a license to practice as a lactation consultant pursuant to this article. (8) 'Practice' means rendering or offering to render any lactation care and services to any individual, family, or group of individuals.
43-34-263. (a) The board shall appoint a lactation consultant advisory committee. The members of the advisory committee shall:
(1) Be citizens of the United States and residents of this state; (2) Have engaged in the practice of lactation care and services for at least one year; and (3) Be licensed under this chapter. (b) Members shall receive no compensation for service on the advisory committee.
492
JOURNAL OF THE HOUSE
(c) The advisory committee shall have such duties and responsibilities as the board may determine, including, but not limited to, consulting with the board on the issuance, denial, suspension, and revocation of licenses and the promulgation of rules and regulations pursuant to this article.
43-34-264. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Enforce the provisions of this article, and it shall be granted all of the necessary duties, powers, and authority to carry out this responsibility; (2) Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this article in the protection of public health, safety, and welfare; (3) License duly qualified applicants by examination or reinstatement; (4) Implement the disciplinary process; (5) Enforce qualifications for licensure; (6) Set standards for competency of licensees continuing in or returning to practice; (7) Issue orders when a license is surrendered to the board while a complaint, investigation, or disciplinary action against such licensee is pending; (8) Adopt, revise, and enforce rules regarding advertising by licensees, including, but not limited to, rules to prohibit false, misleading, or deceptive practices; (9) Adopt, publish in print or electronically, and enforce a code of ethics; (10) Establish examination and licensing fees; (11) Request and receive the assistance of state educational institutions or other state agencies; (12) Prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board; and (13) Establish continuing education requirements.
43-34-265. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either:
(1) Holds a valid license to practice lactation care and services issued by another state, political territory, or jurisdiction acceptable to the board if, in the board's opinion, the requirements for that license are substantially equal to or greater than the requirements of this article; or (2) Presents evidence satisfactory to the board that the applicant is an IBCLC in good standing with the IBLCE, or its successor organization.
43-34-266. Except as provided in paragraph (4) of this Code section, each applicant for a license as a lactation consultant shall be at least 18 years of age, shall have submitted a completed
MONDAY, FEBRUARY 8, 2016
493
application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and shall be in compliance with the following requirements:
(1) Meeting the international education and clinical standards established for IBCLCs by the IBLCE or other national testing service as approved by the board; (2) Providing proof of successful completion of the IBLCE examination or other examination as approved by the board; (3) Having satisfactory results from a criminal background check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check; and (4) Completing such other requirements as may be prescribed by the board.
43-34-267. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
43-34-268. (a) A license issued by the board is the property of the board and must be surrendered on demand. (b) The licensee shall display the license in an appropriate and public manner. (c) The licensee shall inform the board of any change of address. (d) The license shall be renewed biennially if the licensee is not in violation of this article at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board. (e) Each person licensed under this article is responsible for renewing his or her license before the expiration date. (f) Under procedures and conditions established by the board, a licensee may request that his or her license be declared inactive. The licensee may apply for active status at any time, and upon meeting the conditions set by the board, such license shall be declared active.
43-34-269. The board, in consultation with the advisory committee, may impose on a licensed lactation consultant any sanction authorized under subsection (b) of Code Section 4334-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8.
494
JOURNAL OF THE HOUSE
43-34-270. On and after July 1, 2018, no person without a license as a lactation consultant issued pursuant to this article shall use the title 'licensed lactation consultant' or 'licensed L.C.' or practice lactation care and services, provided that this article shall not prohibit any practice of lactation care and services that is exempt pursuant to the provisions set forth in Code Section 43-34-271.
43-34-271. Nothing in this article shall be construed to affect or prevent:
(1) Persons licensed to practice the professions of dentistry, medicine, osteopathy, chiropractic, nursing, physician assistant, or dietetics from engaging in the practice of lactation care and services when incidental to the practice of their profession, except such persons shall not use the title 'licensed lactation consultant' or 'licensed L.C.'; (2) Doulas and prenatal and childbirth educators from performing education functions consistent with the accepted standards of their respective occupations, except such persons shall not use the title 'licensed lactation consultant' or 'licensed L.C.' or designate themselves by any other term or title which implies that such person has clinical skills and education comparable to a licensed lactation consultant; (3) The practice of lactation care and services by students, interns, or persons preparing for the practice of lactation care and services under the qualified supervision of a lactation consultant or any licensed professional listed in paragraph (1) of this Code section; (4) Employees of the United States government or any bureau, division, or agency thereof from engaging in the practice of lactation care and services within the discharge of the employees' official duties so long as such employees are performing their duties within the recognized confines of a federal installation regardless of whether jurisdiction is solely federal or concurrent; (5) Employees of a department, agency, or division of state, county, or local government from engaging in the practice of lactation care and services within the discharge of the employees' official duties, including, but not limited to, peer counselors working within the Special Supplemental Nutrition Program for Women, Infants, and Children; (6) Individual volunteers from providing lactation care and services, provided that:
(A) Such volunteers shall not use the title 'licensed lactation consultant' or 'licensed L.C.,' shall not state that they are licensed to practice lactation care and services, or shall not designate themselves by any other term or title which implies that such volunteers have the clinical skills and abilities associated with licensure; (B) Their volunteer service is performed without fee or other form of compensation, monetary or otherwise, from the individuals or groups served; and (C) Such volunteers receive no form of compensation, monetary or otherwise, except for administrative expenses, such as mileage; (7) A nonresident IBCLC from practicing lactation care and services in this state for five days without licensure or up to 30 days with licensure from another state if the
MONDAY, FEBRUARY 8, 2016
495
requirements for licensure in such other state are substantially equal to the requirements contained in this article; or (8) Other health care related professionals from seeking licensure for their professions."
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 Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague N Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick N Brockway Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman E Cooke
Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson N Dickey Y Dickson Y Dollar Y Douglas Y Drenner E Dudgeon E Dukes N Dunahoo N Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
N Harrell Y Hatchett Y Hawkins E Henson Y Hightower E Hitchens Y Holcomb N Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan E Kaiser E Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake
Petrea N Pezold N Pirkle
Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick N Raffensperger E Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Stover Y Strickland Y Tankersley N Tanner N Tarvin
Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner
VACANT E Waites Y Watson E Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A E Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
496
JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, the ayes were 129, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
House of Representatives Administration Floor Leader
Room 109 State Capitol Atlanta, Georgia 30334
Bill Reilly Clerk of the House 309 State Capitol Atlanta, GA 30334
Clerk of the Georgia House of Representatives,
It has been brought to my attention that this morning I voted against a bill that I intended to vote in favor of. This was an error. Therefore, I would like to change my vote from "N" to "Y" on HB 649 to reflect my support for this legislation.
Sincerely,
/s/ Robert Dickey Representative Robert Dickey
The following Resolutions of the House were read and adopted:
HR 1295. By Representatives Chandler of the 105th, Pak of the 108th, Efstration of the 104th, Casas of the 107th, Harrell of the 106th and others:
A RESOLUTION recognizing the academic accomplishments of Grayson High School seniors Noah Wilson and Anna Scartz; and for other purposes.
HR 1296. By Representative Parrish of the 158th:
A RESOLUTION expressing cultural, economic, and educational cooperation with Hungary and recognizing February 6, 2016, as Hungary Day at the state capitol; and for other purposes.
MONDAY, FEBRUARY 8, 2016
497
HR 1297. By Representatives Tanner of the 9th and Ralston of the 7th:
A RESOLUTION honoring the life and memory of Mrs. Louise Moore Walls; and for other purposes.
HR 1298. By Representative Sims of the 123rd:
A RESOLUTION recognizing and commending Reid Fly; and for other purposes.
HR 1299. By Representative Sims of the 123rd:
A RESOLUTION recognizing and commending Nicholas Koenig; and for other purposes.
HR 1300. By Representative Sims of the 123rd:
A RESOLUTION recognizing and commending Brennan Vignati; and for other purposes.
HR 1301. By Representative Sims of the 123rd:
A RESOLUTION recognizing and commending Benjamin Brewton; and for other purposes.
HR 1302. By Representative Dollar of the 45th:
A RESOLUTION recognizing February 9, 2016, as Skin Cancer Awareness Day at the state capitol; and for other purposes.
HR 1303. By Representative Beverly of the 143rd:
A RESOLUTION recognizing and commending Andrew Collins; and for other purposes.
HR 1304. By Representatives Ballinger of the 23rd, Coomer of the 14th, Jasperse of the 11th, Hightower of the 68th, Ramsey of the 72nd and others:
A RESOLUTION commending Georgia's Court Appointed Special Advocates for their hard work and dedication to improving the lives of Georgia's children; and for other purposes.
498
JOURNAL OF THE HOUSE
HR 1305. By Representatives Jones of the 167th, Atwood of the 179th, Wilkinson of the 52nd, Spencer of the 180th, Clark of the 98th and others:
A RESOLUTION recognizing and commending Morgan Brian; and for other purposes.
HR 1306. By Representatives Dempsey of the 13th, Peake of the 141st, Sharper of the 177th, Teasley of the 37th, Raffensperger of the 50th and others:
A RESOLUTION recognizing pregnancy resource centers; and for other purposes.
HR 1307. By Representatives Maxwell of the 17th, Gravley of the 67th, Rakestraw of the 19th and Alexander of the 66th:
A RESOLUTION commending Leadership Paulding 26; and for other purposes.
HR 1308. By Representatives Drenner of the 85th, Dudgeon of the 25th and Teasley of the 37th:
A RESOLUTION recognizing and commending Georgia's electric cooperatives and Green Power EMC for its partnership with the Silicon Ranch Corporation to build and operate a 20 megawatt solar power facility; and for other purposes.
HR 1309. By Representatives Burns of the 159th, Hitchens of the 161st and Parrish of the 158th:
A RESOLUTION commending Chairman Bobby C. Smith Jr. of the Oglethorpe Power Corporation Board of Directors; and for other purposes.
HR 1310. By Representatives Chandler of the 105th, Pak of the 108th, Efstration of the 104th, Casas of the 107th, Harrell of the 106th and others:
A RESOLUTION commending Mr. Jeremy Mulkey, Grayson High School's 2016 STAR Teacher; and for other purposes.
Representative Burns of the 159th 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, FEBRUARY 9, 2016
499
Representative Hall, Atlanta, Georgia
Tuesday, February 9, 2016
Eighteenth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D 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 E Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Greene
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 Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain
Meadows Mitchell Morris Mosby Nimmer Nix E Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince E Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice 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, 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 Golick of the 40th, Jordan of the 77th, Metze of the 55th, Oliver of the 82nd, Randall of the 142nd, and Thomas of the 56th.
500
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Reverend Dr. Doug Gilreath, Senior Pastor, Covington First United Methodist Church, Covington, 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 607-C Atlanta, Georgia 30334
I, Patty Bentley, was absent on last Monday, Feb. 1, 2016, due to a doctor's appointment in Warner Robins, Dr. Samuel Palmer.
Please excuse my absence for that day.
/s/ PSB 02/09/2016
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.
TUESDAY, FEBRUARY 9, 2016
501
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 929. By Representatives Ehrhart of the 36th, Abrams of the 89th, Houston of the 170th, Stephens of the 164th, Martin of the 49th and others:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the Agreement Among the States to Elect the President by National Popular Vote; to allow states to join together to establish an interstate compact to elect the president by national popular vote; to provide for the implementation of such compact; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Interstate Cooperation.
HB 930. By Representative Allison of the 8th:
A BILL to be entitled an Act to provide a new charter for the City of Blairsville; 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 931. By Representatives Drenner of the 85th, Stephenson of the 90th and Mosby of the 83rd:
A BILL to be entitled an Act to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to procedure for changing any rate, charge, classification, or service and recovery of financing costs, so as to change certain provisions relating to the recovery of the costs of financing the construction of a nuclear generating plant; to provide the accounting method to be used in the event the scheduled date for commercial operation of such plant is exceeded; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 932. By Representatives Taylor of the 173rd, Carter of the 175th and Watson of the 172nd:
502
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to authorize the governing authority of Thomas 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 933. By Representatives Epps of the 144th, Peake of the 141st, Randall of the 142nd, Beverly of the 143rd and Dickey of the 140th:
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 modify provisions related to termination of employment before retirement; to modify provisions related to direct rollovers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 934. By Representatives Kirby of the 114th, Benton of the 31st, Dawkins-Haigler of the 91st, Dickerson of the 113th, Stephenson of the 90th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions applicable to social services, so as to authorize the Department of Human Services to provide a separate link or portal on its website providing kinship caregivers with information and access necessary to apply for public assistance benefits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 935. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Duncan of the 26th and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem tax, so as to add certain fulfillment centers to properties eligible for a freeport exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
TUESDAY, FEBRUARY 9, 2016
503
HB 936. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Duncan of the 26th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from income taxes, so as to clarify certain terms in respect to the wages necessary to qualify for a jobs tax credit; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 937. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Williamson of the 115th 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 state sales and use tax, so as to change the sunset provision for the exemption for projects of regional significance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 938. By Representatives Prince of the 127th, Rice of the 95th, Drenner of the 85th, Powell of the 171st, Glanton of the 75th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for maintenance of the property so sold; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 939. By Representatives Price of the 48th, Fleming of the 121st, Tankersley of the 160th, Brockway of the 102nd, Willard of the 51st and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to revise terms; to revise the procedures for the transfer of setoffs by the Administrative Office of the Courts to the court to whom the debt is owed; to correct references; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
504
JOURNAL OF THE HOUSE
HB 940. By Representatives Gilligan of the 24th, Dudgeon of the 25th, Duncan of the 26th, Cantrell of the 22nd and Tanner of the 9th:
A BILL to be entitled an Act to amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County May 19, 2011 (Ga. L. 2012, p. 5687), so as to exempt the position of IT/special projects administrator of the office of the Clerk of Superior Court of Forsyth County from the application of the Forsyth County civil service system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 941. By Representatives Golick of the 40th, Atwood of the 179th, Pak of the 108th and Abrams of the 89th:
A BILL to be entitled an Act to amend Chapter 12 of Title 15, Chapter 7 of Title 17, and Chapter 11 of Title 45 of the O.C.G.A., relating to juries, pretrial proceedings, and miscellaneous offenses concerning public officers and employees, respectively, so as to provide for procedure for review of incidents involving a peace officer's use of deadly force that results in death or serious bodily injury; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 942. By Representatives Sharper of the 177th, Broadrick of the 4th, Kidd of the 145th, Coomer of the 14th, Thomas of the 39th and others:
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 provide for provisional enrollment in school; to provide for training of appropriate school administrators on enrollment of students; to provide for posting of notice; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 943. By Representatives Rogers of the 29th, Pak of the 108th and Wilkinson of the 52nd:
TUESDAY, FEBRUARY 9, 2016
505
A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to provide for additional limitations on indemnification and duty to defend clauses which are void and unenforceable in contracts for engineering or architectural services; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 944. By Representatives Gilligan of the 24th, Cooper of the 43rd, Petrea of the 166th and Jasperse of the 11th:
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 the pronouncement of death of patients in nursing homes who are organ donors by a physician assistant or a registered professional nurse; to provide for the pronouncement of death of patients in hospice care who are organ donors by a registered professional nurse; 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 of the House and Senate were read the second time:
HB 908 HB 910 HB 912 HB 914 HB 916 HB 918 HB 920 HB 922 HB 924 HB 926 HB 928 SB 315
HB 909 HB 911 HB 913 HB 915 HB 917 HB 919 HB 921 HB 923 HB 925 HB 927 SB 230
Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:
506
JOURNAL OF THE HOUSE
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 879 Do Pass
Respectfully submitted, /s/ Stephens of the 164th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 9, 2016
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below:
DEBATE CALENDAR
Modified Open Rule
HB 483 HB 697
State symbols; shoal bass as official state native riverine sport fish; designate (GF&P-Buckner-137th) Unsolicited merchandise; solicitors to receive from consumers affirmative assent to continued receipt of certain merchandise following a free trial before charging; require (Substitute)(A&CA-Kirby-114th)
Modified Structured Rule
HB 739
HB 765 HB 866 HB 870
Elementary and secondary education; process for state approved instructional materials and content is optional; provide (Substitute)(EdTanner-9th) Social services; board member appointments may include certain retired individuals; provide (GAff-Powell-171st) Insurance; multiple employer self-insured health plans; exempt from premium taxes (Ins-Blackmon-146th) Quality Basic Education Act; high schools that receive state funding cannot participate in an athletic association which prohibits religious expression on clothing of student athletes; provide (Ed-Strickland-111th)
TUESDAY, FEBRUARY 9, 2016
507
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 278. By Senators Unterman of the 45th, Stone of the 23rd and VanNess of the 43rd:
A BILL to be entitled an Act to amend Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, so as to increase the penalty provisions relating to pimping and pandering; 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 on the State Sexual Offender Registry when an individual is convicted for the third time for pandering; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 283. By Senators Kennedy of the 18th, Jones of the 25th, Miller of the 49th, Stone of the 23rd, Rhett of the 33rd and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, so as to provide for multibank pooling of depositories for the acceptance of deposits of public funds from public bodies; to provide for definitions, procedures, conditions, and limitations on the establishment of such pools; to provide for multiple effective dates; 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 278. By Senators Unterman of the 45th, Stone of the 23rd and VanNess of the 43rd:
508
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, so as to increase the penalty provisions relating to pimping and pandering; 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 on the State Sexual Offender Registry when an individual is convicted for the third time for pandering; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 283. By Senators Kennedy of the 18th, Jones of the 25th, Miller of the 49th, Stone of the 23rd, Rhett of the 33rd and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, so as to provide for multibank pooling of depositories for the acceptance of deposits of public funds from public bodies; to provide for definitions, procedures, conditions, and limitations on the establishment of such pools; to provide for multiple effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Bentley of the 139th, Hatchett of the 150th et al., Chandler of the 105th, Stovall of the 74th, Ballinger of the 23rd, Quick of the 117th et al., Williams of the 168th, Blackmon of the 146th, Smyre of the 135th et al., Ehrhart of the 36th, Kelley of the 16th, Werkheiser of the 157th, Dollar of the 45th, Cheokas of the 138th, Dickerson of the 113th, Smith of the 70th et al., and Williams of the 119th.
Pursuant to HR 1276, the House recognized and commended the collaboration between Shriners Hospitals for Children and the PeachCare for Kids Health Care Program.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Ways & Means:
HB 766. By Representatives Beskin of the 54th, Quick of the 117th, Powell of the 171st, Kendrick of the 93rd, Willard of the 51st and others:
TUESDAY, FEBRUARY 9, 2016
509
A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions for property tax exemptions and deferral, so as to revise a definition to include any spouse; to provide for a referendum, effective dates, and automatic repeal; 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 765. By Representatives Powell of the 171st, Willard of the 51st, Lott of the 122nd, Greene of the 151st, Houston of the 170th and others:
A BILL to be entitled an Act to amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to the appointment of board members to the county departments of family and children services, so as to provide that appointments may include certain retired individuals; 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 Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson
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 Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott
Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice
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 E Waites Y Watson Y Welch
Weldon
510
JOURNAL OF THE HOUSE
Y Carter, A Y Carter, D E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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 Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HB 737. By Representative Caldwell of the 131st:
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 codify a joint resolution; 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 report of the Committee, which was favorable to the 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 Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner
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 Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
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
TUESDAY, FEBRUARY 9, 2016
511
Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C
Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT E 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 162, 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 870. By Representatives Strickland of the 111th, England of the 116th, Meadows of the 5th, Dudgeon of the 25th, Reeves of the 34th 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 certain programs and activities under the "Quality Basic Education Act," so as to provide that high schools that receive state funding cannot participate in an athletic association which prohibits religious expression on the clothing of student athletes; to provide that high schools that receive state funding cannot participate in an athletic association which prohibits member schools from organizing and playing scrimmage matches, games, or other athletic competitions with nonmember schools; 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:
512
JOURNAL OF THE HOUSE
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.
The report of the Committee, which was favorable to the 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 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
TUESDAY, FEBRUARY 9, 2016
513
On the passage of the Bill, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 866. By Representatives Blackmon of the 146th, Smith of the 134th, Efstration of the 104th, Ramsey of the 72nd, Hawkins of the 27th and others:
A BILL to be entitled an Act to amend Chapter 50 of Title 33 of the Official Code of Georgia Annotated, relating to multiple employer self-insured health plans, so as to exempt multiple employer self-insured health plans from premium taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Pursuant to Rule 133, Representative Duncan of the 26th was excused from voting on HB 866.
The report of the Committee, which was favorable to the 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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 Y Dukes Y Dunahoo
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 Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
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 E Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson
514
JOURNAL OF THE HOUSE
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 697. By Representatives Kirby of the 114th, Harden of the 148th, Caldwell of the 20th, Burns of the 159th, Jasperse of the 11th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, so as to require solicitors to receive from consumers affirmative assent to continued receipt of certain merchandise following a free trial before charging; to provide for remedies; 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 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, so as to require solicitors to receive from consumers affirmative assent to continued receipt of certain merchandise following a free trial before charging; to provide for remedies; 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 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, is amended by revising Code Section 10-1-50, relating to regulations regarding the sending of unsolicited merchandise, as follows:
"10-1-50. (a) As used in this Code section, the term 'person' shall have the meaning as provided in Code Section 10-1-2. (b) No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner or by any means, offer for sale goods, wares, or
TUESDAY, FEBRUARY 9, 2016
515
merchandise where the offer includes the voluntary and unsolicited sending of such goods, wares, or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such goods, wares, or merchandise shall for all purposes be deemed an unconditional gift to the recipient, who may use or dispose of such goods, wares, or merchandise, unless such goods, wares, or merchandise were delivered to the recipient as a result of a bona fide mistake, in any manner he or she sees fit without any obligation on his part to the sender. (c) No person shall require payment for the continued provision of any goods, wares, or merchandise following the expiration of a trial period during which similar goods, wares, or merchandise were provided free of charge unless the recipient of such goods, wares, or merchandise affirmatively assents to the continued receipt thereof on a paid basis. In the absence of any such assent, the receipt of any such goods, wares, or merchandise following such trial period shall for all purposes be deemed an unconditional gift to the recipient, who may use or dispose of such goods, wares, or merchandise, unless such goods, wares, or merchandise were delivered to the recipient as a result of a bona fide mistake, in any manner he or she sees fit without any obligation to the sender. (d) If, after any such receipt deemed to be an unconditional gift under this Code section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Kirby of the 114th and Harrell of the 106th move to amend the substitute to HB 697 (LC 40 1043S) by replacing line 35 with the following:
may also be awarded reasonable attorneys' fees and costs to the prevailing party. Punitive damages in an amount not to exceed $10,000.00 may also be awarded if the sender showed willful misconduct, fraud, or indifference in violating the provisions of this Code section."
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:
516
JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Carson Y Carter, A Y Carter, D 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 Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 E 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 739. By Representatives Tanner of the 9th, Dudgeon of the 25th, Brockway of the 102nd, Rice of the 95th, Harrell of the 106th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the state recommendation process for instructional materials and content is optional; to require a review and recommendation process for locally approved instructional materials and content; to provide for public review of proposed and approved instructional materials and
TUESDAY, FEBRUARY 9, 2016
517
content; to provide for the designation of a school system coordinator; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the state recommendation process for instructional materials and content is optional; to require a review and recommendation process for locally approved instructional materials and content; to provide for public review of proposed and approved instructional materials and content; to provide for the designation of a school system coordinator; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-1012, relating to committee recommendations on instructional materials and content and additions to approved lists, as follows:
"20-2-1012. (a)(1) The State Board of Education shall may select a committee or committees of educators actually engaged in public school work in this state to examine instructional materials and content and make recommendations thereon to the state board. Such committee or committees shall may consist of such number of educators as the state board may deem advisable, not exceeding five in each instance. They shall may serve for such time and for such duties as the state board may prescribe and shall may receive such compensation as may be fixed by the state board. (2) In the event that it elects to provide for state approved instructional materials and content, the State Board of Education shall establish a review and recommendation process in accordance with this paragraph. Such process shall include the opportunity for public comment and parental input prior to the adoption of any proposed instructional materials and content. As part of such process, the State Board of Education shall post in a prominent location on its website a list of proposed instructional materials and content for public review, including the version or edition number, if applicable; the state funded course number for which the instructional resource will be used; and the identification number, in accordance with any guidelines established by the State Board of Education. The State Board of Education
518
JOURNAL OF THE HOUSE
shall make all state approved instructional materials and content available for review upon request and may specify reasonable hours for review. If state instructional materials and content are approved, the state board shall designate at least one employee to serve as the contact person for any inquiries related to or requests for review of state approved instructional materials and content and to coordinate its efforts to comply with and carry out its responsibilities under this subsection. (b) In addition to any other method of instructional materials and content selection, the State Board of Education shall may add to the approved list of instructional materials and content for use in the public schools of this state any instructional materials and content requested in writing by: (1) The superintendents of five or more different school systems; or (2) Twenty or more teachers from at least 20 different school systems who teach and are certified to teach the courses encompassed by the instructional materials and content requested, if the requisite number of requests for the specified instructional materials and content are received within any 365 day period. Instructional materials and content so required to be added to the approved list shall may be added within 30 days following the receipt by the state board of the requisite number of requests. No designation shall may be included upon the approved list which indicates the manner in which any instructional materials and content were added to the list. Other than the selection method, publishers whose instructional materials and content are added to the approved list as provided in this subsection shall be required to comply with the same rules regarding instructional materials and content as other publishers, including but not limited to price, durability, accessibility, and availability."
SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"20-2-1017. (a) As used in this Code section, the term 'locally approved instructional materials and content' means instructional materials and content, as defined by the State Board of Education pursuant to Code Section 20-2-1010, which constitute the principal source of study for a state funded course, not including supplementary or ancillary material, which is adopted by a local board of education or used by a local school system. Supplementary or ancillary material includes, but is not limited to, articles, online simulations, worksheets, novels, biographies, speeches, videos, music, and similar resources in any medium, including both physical or digital. (b) Each local board of education shall establish a review and recommendation process for any locally approved instructional materials and content that are adopted or used by the local school system. Such process shall include notice to parents and guardians by the most practical means, which may be accomplished in the same manner as other notices to parents and guardians, and the opportunity for public comment and parental input prior to the adoption or use of any proposed instructional materials and content. As part of such process, the local board of education shall post in a prominent location
TUESDAY, FEBRUARY 9, 2016
519
on its website, and make available for review in print form upon request, a list of proposed instructional materials and content for public review, including the version or edition number, if applicable; the state funded course number for which the instructional resource will be used, if applicable; and the identification number, in accordance with any guidelines established by the State Board of Education.
(c)(1) Each local board of education shall make all proposed and locally approved instructional materials and content used by the local school system available for review on site upon request. Each local board of education shall make any supplementary or ancillary material used by the local school system at a school available for review upon request by any parent of a student in the school or who will be matriculating to such school. The local board of education may specify reasonable hours for review. (2) Each local board of education shall designate at least one employee to serve as the contact person for any inquiries related to or requests for review of locally approved instructional materials and content and supplementary or ancillary material and to coordinate its efforts to comply with and carry out its responsibilities under this Code section. (d) In addition, each local school system and each school which maintains a website shall post in a prominent location on such website a list of the locally approved instructional materials and content that are used by such school system or school. For each locally approved instructional resource, such list shall include the version or edition number, if applicable; the state funded course number for which the instructional resource will be used, if applicable; and the identification number, in accordance with any guidelines established by the State Board of Education. (e) This Code section shall be effective July 1, 2017, and shall apply beginning with the 2017-2018 school year and thereafter."
SECTION 3. Said chapter is further amended by revising paragraph (3) of subsection (b) of Code Section 20-2-168, relating to distribution of federal funds, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, as follows:
"(3) Local units of administration may obtain competitive bids from vendors on such standard items of school equipment, supplies, services, or other expenses based upon uniform specifications established for such items by the state board and may purchase such items from the vendor submitting the best bid to the local unit, whether or not the bid price of such vendor is greater or less than the state bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the state bid price for such items, the state board shall, when computing standard costs for allotment of state funds, disallow the excess costs paid for such items by the local unit; provided, further, that local units of administration shall implement textbook adoptions from textbook listings prescribed by the state board pursuant to Article 19 of this chapter within 18 months of the time said textbook
520
JOURNAL OF THE HOUSE
listings are provided by the state board. The state board shall prescribe regulations necessary for implementation and enforcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use, and maintenance, as the case may be, of school equipment, supplies, services, and other expenses, as may be designated by the state board, whether or not state bid prices are obtained on such items."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton N Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows N Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 E 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
TUESDAY, FEBRUARY 9, 2016
521
On the passage of the Bill, by substitute, the ayes were 165, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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 742. By Representatives Knight of the 130th, Powell of the 171st, Harrell of the 106th, Carson of the 46th, Mosby of the 83rd and others:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise the definition of the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to change certain dates for partnerships and corporations other than Georgia Subchapter "S" corporations; to clarify certain provisions relating to statements of wages paid; to change certain dates and clarify provisions relating to annual and final compensation returns; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1314. By Representatives Efstration of the 104th, Welch of the 110th, Cantrell of the 22nd, Ballinger of the 23rd, Dempsey of the 13th and others:
A RESOLUTION recognizing February 11, 2016, as Domestic Minor Sex Trafficking Awareness Day at the state capitol; and for other purposes.
HR 1315. By Representative Williamson of the 115th:
A RESOLUTION recognizing the contributions of Thomas Richard Breedlove, Sr.; and for other purposes.
522
JOURNAL OF THE HOUSE
HR 1316. By Representative Cheokas of the 138th:
A RESOLUTION recognizing February 18, 2016, as the 4th Annual Legislative Fly-In at the state capitol and commending the Georgia Airports Association and its leadership; and for other purposes.
HR 1317. By Representatives Barr of the 103rd, Clark of the 98th, Rice of the 95th, Harrell of the 106th, Brockway of the 102nd and others:
A RESOLUTION recognizing the Georgia East Metro Health District Medical Reserve Corps, Inc.; and for other purposes.
HR 1318. By Representatives Werkheiser of the 157th and Drenner of the 85th:
A RESOLUTION recognizing and honoring February 10, 2016, as New Americans Day at the capitol; and for other purposes.
HR 1319. By Representatives Cooper of the 43rd, Carson of the 46th, Dollar of the 45th and Parsons of the 44th:
A RESOLUTION recognizing and commending Mr. David Hong for his extraordinary efforts in civic engagement; and for other purposes.
HR 1320. By Representatives Gardner of the 57th, Thomas of the 56th, Metze of the 55th and Kaiser of the 59th:
A RESOLUTION recognizing and commending Gloria Smith; and for other purposes.
HR 1321. By Representatives Cooper of the 43rd, Gilligan of the 24th, Hawkins of the 27th, Sharper of the 177th, Carson of the 46th and others:
A RESOLUTION commending the Georgia Chapter of the Lupus Foundation of America and recognizing February 25, 2016, as Lupus Awareness Day at the state capitol; and for other purposes.
HR 1322. By Representative Marin of the 96th:
A RESOLUTION commending Cristina Quiones; and for other purposes
TUESDAY, FEBRUARY 9, 2016
523
HR 1323. By Representative Marin of the 96th:
A RESOLUTION honoring and commending Mr. C.H. Andy Kim for his successful efforts in uniting Korean and American communities; and for other purposes.
HR 1324. By Representatives Benton of the 31st, England of the 116th, Efstration of the 104th and Barr of the 103rd:
A RESOLUTION commemorating the centennial anniversary of the town of Braselton; and for other purposes.
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 6 HB 54 HB 542
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Rogers of the 29th
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 592 Do Pass HB 869 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
524
JOURNAL OF THE HOUSE
Representative Epps of the 144th 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 821 Do Pass
Respectfully submitted, /s/ Epps of the 144th
Chairman
Representative Burns of the 159th 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, FEBRUARY 10, 2016
525
Representative Hall, Atlanta, Georgia
Wednesday, February 10, 2016
Nineteenth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day.
The House stood at ease until 10:30 o'clock, this morning.
The Speaker called the House to order.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles E Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick Gordon Gravley Greene Harden Harrell
Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston E Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo E McCall McClain Meadows Metze
Mitchell Morris Mosby Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger E Rakestraw Ramsey Randall Reeves Rhodes Rice 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 E Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley E Thomas, A.M. Thomas, E Trammell Turner E Waites Watson Welch Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker
526
JOURNAL OF THE HOUSE
The following member was off the floor of the House when the roll was called:
Representative Floyd of the 99th.
He wished to be recorded as present.
Prayer was offered by Reverend Ryan Lyons, Lead Pastor, Sojourn Church, Warner Robins, 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 945. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act creating the Schley County Utilities Authority, approved May 12, 2015 (Ga. L. 2015, p. 4204), so as to modify provisions related to appointment of authority members; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 10, 2016
527
Referred to the Committee on Intragovernmental Coordination - Local.
HB 946. By Representatives Spencer of the 180th and Wilkinson of the 52nd:
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 revise the qualifying times for nonpartisan municipal 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.
HB 947. By Representative Corbett of the 174th:
A BILL to be entitled an Act to authorize the assessment and collection of a technology fee by the Probate Court of Echols County; to identify the authorized uses of said technology fee; to provide for the maintenance of said technology fee funds; to authorize collaboration of the clerk of the Probate Court of Echols County with the finance director of Echols County; to provide for reports of income and expenditures; to provide for fund history reviews; to provide for lowering of the amount of said technology fee; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 948. By Representative Powell of the 32nd:
A BILL to be entitled an Act to amend Code Section 42-9-90 of the Official Code of Georgia Annotated, relating to application fee required for transfer consideration, so as to revise the application fee paid to the Department of Community Supervision or the State Board of Pardons and Paroles by nonindigent adult offenders when applying to transfer supervision to any other state or territory; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 949. By Representatives Powell of the 32nd, Tarvin of the 2nd, Jasperse of the 11th, Lumsden of the 12th and Epps of the 144th:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, and Chapter 80 of Title 36 of the Official Code of Georgia
528
JOURNAL OF THE HOUSE
Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to revise a definition; to revise provisions of law relating to government purchasing cards and government credit cards; to provide for the issuance of government purchasing cards and government credit cards; to provide for the conditions for such issuance; 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 950. By Representatives Bennett of the 94th, Benton of the 31st, Abrams of the 89th, Chandler of the 105th, Hugley of the 136th and others:
A BILL to be entitled an Act to amend Code Section 15-11-211 of the Official Code of Georgia Annotated, relating to a relative search by the Division of Family and Children Services of the Department of Human Services, so as to specify additional information to be provided in the notice to certain individuals identified in a diligent search conducted as part of a dependency proceeding; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 951. By Representatives Nimmer of the 178th, Powell of the 171st, Abrams of the 89th, Dickey of the 140th, Smyre of the 135th 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 state sales and use taxes, so as to create a new exemption for admissions to major sporting events; to provide a definition; 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 952. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Coomer of the 14th and Carter of the 175th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating professions and businesses, so as to enact the "Georgia Professional Regulation Reform Act"; to provide for executive oversight of licensing boards; to establish state policy for the regulation of certain professions and businesses; to provide for legislative intent; to
WEDNESDAY, FEBRUARY 10, 2016
529
provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Small Business Development.
HB 953. By Representatives Mitchell of the 88th, Smyre of the 135th, Stephens of the 165th, Howard of the 124th, Frazier of the 126th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to early care and learning, so as to require annual safety inspections of day-care centers, family day-care homes, and group day-care homes; to require record keeping of annual inspections; 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 954. By Representatives Efstration of the 104th, Cooper of the 43rd, Abrams of the 89th, England of the 116th, Trammell of the 132nd and others:
A BILL to be entitled an Act to amend Title 29 of the O.C.G.A., relating to guardian and ward, so as to enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; to provide for a short title; to provide for definitions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 955. By Representatives Yates of the 73rd, Fludd of the 64th and Mabra of the 63rd:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3399), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for the continuation in office of current members; 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.
530
JOURNAL OF THE HOUSE
HB 956. By Representatives Reeves of the 34th, Stephens of the 164th, Hawkins of the 27th, Harrell of the 106th, Carter of the 175th 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 taxes, so as to create an income tax credit for certain expenditures by music, film, television, or interactive entertainment production companies related to the incorporation of a recorded musical performance that was written, created, arranged, recorded, or synchronized in this state into a state certified production; to provide for rules and regulations and an application process related to such income tax credit; to provide for certain conditions and limitations; to provide for definitions; to provide a short title; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 957. By Representatives Abrams of the 89th, Deffenbaugh of the 1st, Bentley of the 139th and Sharper of the 177th:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to cost and compensation regarding the probate courts, so as to require that the judges and clerks of the probate courts publicly post notice of the availability of the affidavit of indigence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 958. By Representatives Jones of the 47th, Willard of the 51st, Golick of the 40th, Raffensperger of the 50th, Cantrell of the 22nd 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 12, 2015 (Ga. L. 2015, p. 4054), so as to provide for the term of the member appointed by the mayor; 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 959. By Representatives Beskin of the 54th, Dudgeon of the 25th, Coleman of the 97th, Nix of the 69th, Clark of the 101st and others:
WEDNESDAY, FEBRUARY 10, 2016
531
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update and clarify certain provisions relating to K-12 education; to revise a provision relating to conflicts of interest of local board of education members; to provide that students who earn certain grades in dual enrollment courses in core subjects are exempt from taking end-of-course assessments for such courses; to authorize the sharing of data for certain program evaluation purposes; to provide for an annual review of tuition for the Georgia Virtual School; to eliminate a restriction on the Office of Student Achievement's authority to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 960. By Representatives Kelley of the 16th, Sims of the 123rd, Dempsey of the 13th, Harrell of the 106th, Houston of the 170th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 48 of the O.C.G.A., relating to state administration and collection of revenue, so as to provide for confidentiality of certain tax information; to provide for an interest rate on delinquent payments that adjusts to reflect changes in the prime rate; to adjust the penalties for nonpayment of ad valorem taxes to offset the reduction in interest rate; to make distribution of penalties equitable between taxing jurisdictions; to provide for additional procedures, conditions, and limitations; to provide for notice to political subdivisions upon the filing of certain tax refund requests; to provide for confidentiality of taxpayer information; to provide for automatic transfer to the Georgia Tax Tribunal in certain cases; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 961. By Representatives Abrams of the 89th, Benton of the 31st, Sharper of the 177th and Bennett of the 94th:
A BILL to be entitled an Act to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions applicable to social services, so as to authorize units of state government to provide all subsidies available to kinship caregivers or to the children in their care based on the eligibility of such children and not on the income or age of the kinship caregiver; to provide for related matters; to repeal conflicting laws; and for other purposes.
532
JOURNAL OF THE HOUSE
Referred to the Committee on Juvenile Justice.
HB 962. By Representatives Abrams of the 89th, Dempsey of the 13th, Benton of the 31st, Hugley of the 136th, Sharper of the 177th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, so as to provide for the creation, appointment, removal, and duties of a kinship care enforcement administrator; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 963. By Representatives Abrams of the 89th, Benton of the 31st, Efstration of the 104th, Hugley of the 136th, Willard 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 repeal the "Power of Attorney for the Care of a Minor Child Act"; to provide a short title; to provide for a nonlegal custodian to give legal consent for a child in his or her custody to receive medical or educational services for which parental consent is usually required; to provide an affidavit form; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 964. By Representatives Glanton of the 75th, Frazier of the 126th, Abrams of the 89th, Hugley of the 136th, Dawkins-Haigler of the 91st and others:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the local election superintendent to notify the local school superintendent of the date of the primary election; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 965. By Representatives Cheokas of the 138th, Burns of the 159th, Smyre of the 135th, Dawkins-Haigler of the 91st, Greene of the 151st 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 general insurance provisions, so as to
WEDNESDAY, FEBRUARY 10, 2016
533
provide that no health benefit plan shall require an insured to fail to successfully respond to a drug or drugs for stage four advanced, metastatic cancer prior to the approval of a drug prescribed by his or her physician; to provide for definitions; to provide for a short title; to provide for legislative findings and intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 966. By Representatives Caldwell of the 131st, Buckner of the 137th, Willard of the 51st, Wilkinson of the 52nd, Quick of the 117th 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 along all state waters to be measured outward from the ordinary high water mark and within which certain land-disturbing activities are prohibited; to provide for purposes and legislative intent; to provide for uniformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 967. By Representative Epps of the 144th:
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 modify provisions related to termination of employment before retirement; to modify provisions related to direct rollovers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1311. By Representatives Chandler of the 105th, Casas of the 107th, Clark of the 101st, Bentley of the 139th, Kelley of the 16th and others:
A RESOLUTION creating the House Study Committee on College Course Credit; and for other purposes.
Referred to the Committee on Special Rules.
HR 1312. By Representatives Sims of the 123rd, Blackmon of the 146th, Coomer of the 14th, Clark of the 101st, Dunahoo of the 30th and others:
534
JOURNAL OF THE HOUSE
A RESOLUTION authorizing the change of use of certain property located in Houston County currently dedicated as a heritage preserve; authorizing the granting of a nonexclusive easement for the construction, operation, and maintenance of facilities and ingress and egress in, on, over, under, upon, across, or through certain state owned real property located in Houston County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HR 1313. By Representatives Glanton of the 75th, Frazier of the 126th, Abrams of the 89th, Hugley of the 136th, Scott of the 76th and others:
A RESOLUTION urging local boards of education to avoid scheduling any high school graduation or matriculation ceremonies or commencements on the same day that the general primary election is held; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the following Bills of the House and Senate were read the second time:
HB 929 HB 931 HB 933 HB 935 HB 937 HB 939 HB 941 HB 943 SB 278
HB 930 HB 932 HB 934 HB 936 HB 938 HB 940 HB 942 HB 944 SB 283
Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 588 HB 826 HB 902
Do Pass, by Substitute Do Pass, by Substitute Do Pass
HB 783 Do Pass, by Substitute HB 886 Do Pass, by Substitute
WEDNESDAY, FEBRUARY 10, 2016
535
Respectfully submitted, /s/ Cooper of the 43rd
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 555 HB 882 HB 884
Do Pass, by Substitute Do Pass, by Substitute Do Pass
HB 838 Do Pass HB 883 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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 888 HB 925 HB 932 SB 315
Do Pass Do Pass Do Pass Do Pass
HB 890 HB 930 HB 940
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:
536
JOURNAL OF THE HOUSE
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 757 HB 762 HB 849
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 51st
Chairman
Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety and Homeland Security has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 93 Do Pass, by Substitute HB 764 Do Pass, by Substitute
HB 166 Do Pass, by Substitute HB 777 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, FEBRUARY 10, 2016
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:
DEBATE CALENDAR
Modified Open Rule
HB 635
Judges of Probate Courts Retirement Fund; increase number of years of mandatory contribution; provisions (Substitute)(Ret-Epps-144th)
WEDNESDAY, FEBRUARY 10, 2016
537
HB 659 HB 840 HB 844
Education; provide transparency of financial information of local school systems and schools; provisions (Substitute)(Ed-Belton-112th) Conservation and natural resources; rules and regulations used to establish criminal violations; change provisions (Substitute)(GF&P-Stephens-164th) Georgia Firefighters' Pension Fund; insurance premiums subject to taxation; update certain provisions (Substitute)(Ret-Maxwell-17th)
Modified Structured Rule
HB 509
Georgia Palliative Care and Quality of Life Advisory Council; create; provisions (Substitute)(H&HS-Petrea-166th)
Structured Rule
HB 726 Excise tax; tobacco products; clarify certain charges (W&M-Tanner-9th)
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 255. By Senators Stone of the 23rd, Bethel of the 54th, Millar of the 40th, Albers of the 56th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to modernize, reorganize, and provide constitutional protections in garnishment proceedings; to provide for definitions; to provide for an affidavit and summons of garnishment, contents, and procedure for garnishment; to provide for property being subject to and exempt from garnishment; to provide for a defendant's and third party's claim and plaintiff's traverse and the procedure for claims and traverses; to provide for procedures only applicable to financial institutions; to provide for and require the use of certain forms for garnishment proceedings;
538
JOURNAL OF THE HOUSE
to amend Code Sections 44-7-50 and 53-12-80 of the O.C.G.A., relating to demand for possession and spendthrift provisions, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 307. By Senators Beach of the 21st, Williams of the 19th, Butler of the 55th, Parent of the 42nd and Gooch of the 51st:
A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection, placement, or maintenance of unauthorized structures within rights of way of public roads and authorization of commercial advertisements by a transit agency, so as to provide for definitions relative to advertising; 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 255. By Senators Stone of the 23rd, Bethel of the 54th, Millar of the 40th, Albers of the 56th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to modernize, reorganize, and provide constitutional protections in garnishment proceedings; to provide for definitions; to provide for an affidavit and summons of garnishment, contents, and procedure for garnishment; to provide for property being subject to and exempt from garnishment; to provide for a defendant's and third party's claim and plaintiff's traverse and the procedure for claims and traverses; to provide for procedures only applicable to financial institutions; to provide for and require the use of certain forms for garnishment proceedings; to amend Code Sections 44-7-50 and 53-12-80 of the O.C.G.A., relating to demand for possession and spendthrift provisions, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 307. By Senators Beach of the 21st, Williams of the 19th, Butler of the 55th, Parent of the 42nd and Gooch of the 51st:
A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection, placement, or maintenance of unauthorized structures within rights of way of public roads and
WEDNESDAY, FEBRUARY 10, 2016
539
authorization of commercial advertisements by a transit agency, so as to provide for definitions relative to advertising; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
The Speaker announced the House in recess until 11:15 o'clock, this morning.
The Speaker called the House to order.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Spencer of the 180th, Oliver of the 82nd, Harden of the 148th, Peake of the 141st, Werkheiser of the 157th, Thomas of the 39th, Rogers of the 10th et al., Scott of the 76th, Alexander of the 66th, Nimmer of the 178th, Tanner of the 9th, and Cheokas of the 138th.
Pursuant to HR 1140, the House recognized and commended Georgia State University's Legislative Health Policy Certificate Program and Advanced Health Policy Institute and its instructors.
Pursuant to HR 1197, the House congratulated the Duluth High School men's varsity soccer team for their victorious performance in the 2015 State Championship.
Pursuant to HR 1318, the House recognized and honored February 10, 2016, as New Americans Day at the capitol.
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 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 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.
540
JOURNAL OF THE HOUSE
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 750. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th and England of the 116th:
A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 12, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at page 1 of 251), 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.
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 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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
WEDNESDAY, FEBRUARY 10, 2016
541
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund, is amended in Code Section 47-11-40, relating to eligibility to participate, credit for service rendered, and requirements for judges to participate, by revising paragraph (7) as follows:
"(7) As to judges of the probate courts or employees of the board, file with the board for each month subsequent to admission as a member by the close of business of the twentieth day of each month the sum certain of $105.00; provided, however, that the requirement for such dues shall cease after the member has paid such dues for a period of 20 30 years; and"
SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"47-11-43. Any member who is active on July 1, 2016, may obtain creditable service for any service in excess of 20 years as judge of the probate court, employee of the board, or secretary-treasurer, but not more than the actual number of years of service or 30 years, whichever is less. Any such member shall make application in such form and manner as the board deems appropriate and shall pay to the board an amount determined by the board to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section. Any such application and payment must be received not later than December 31, 2016."
SECTION 3. Said chapter is further amended by revising Code Section 47-11-71, relating to amount of retirement benefits, optional retirement benefits, and manner in which persons not eligible for maximum benefits at retirement may become eligible, as follows:
"47-11-71. (a)(1) Any judge of the probate court or employee of the board who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 prior to July 1, 1996, shall be paid a monthly sum equal to 5 percent of the judge's or employee's average monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in Code Section 47-11-40, for each year served by the judge or employee up to, but not
542
JOURNAL OF THE HOUSE
exceeding, a total of 20 30 years, except as provided in subsection (c) of this Code section. No time prior to December 22, 1953, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such judge of the probate court for purposes of determining retirement pay and no time prior to January 1, 1990, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such employee of the board for purposes of determining retirement pay. (2) Any judge of the probate court or employee of the board who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 on or after July 1, 1996, shall be paid a monthly sum equal to 5 percent of the judge's or employee's final monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in subparagraph (G) of paragraph (5) of Code Section 47-11-40, for each year served by the judge or employee up to, but not exceeding, a total of 20 30 years. No time for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service. (b)(1) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court or employee of the board may elect in writing, on a form to be provided by the board at the time the judge or employee becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the designated survivor, which benefit shall be based on the judge's or employee's age at retirement and the age of the judge's or employee's designated survivor at that time and shall be computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the judge or employee under subsection (a) of this Code section. A member who is unmarried at the time of such election may designate a survivor at the time of making such election. If a member is married at the time of such election, his or her spouse shall be the designated survivor unless another person is so designated with the written agreement of the spouse. In any event, the designated survivor shall be a person with whom the member has a familial relationship through blood, marriage, or adoption. Such actuarial equivalent shall be computed on the Group Annuity Table for 1951 using 5 1/2 percent interest. The spouse designated at the time of the judge's or employee's retirement shall be the only spouse who may draw these benefits. (2) If a member elects the option provided in paragraph (1) of this subsection, then, after the approval of the application for retirement, the following provisions apply:
(A) If the member's designated survivor shall predecease the member, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable to him had such option not been exercised;
WEDNESDAY, FEBRUARY 10, 2016
543
(B) If there is entered a final judgment of complete divorce between the member and the member's spouse who is the designated survivor, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable had such option not been exercised; and (C) If, following the death of the member's spouse or the entry of a final judgment of divorce between the member and the member's spouse who is the designated survivor, the member remarries, the member may, in writing on forms prescribed by the board and subject to approval by the board, elect such option with respect to the member's new spouse. The joint and survivor benefit shall be determined as of the date of the election. No such election shall be made until the expiration of one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. (c) Any provision of this chapter to the contrary notwithstanding, any judge of the probate court, employee of the board, and any secretary-treasurer of the fund who has served for a total of 20 30 years as judge of the probate court, employee of the board, or secretary-treasurer, or a combination of such service, and who has contributed all dues owed to the fund as provided in this chapter but who is not eligible upon retirement to receive the maximum retirement benefits provided for in this chapter shall be entitled to continue to contribute dues to the fund or, in the case of the secretary-treasurer, to continue to receive credit during such period of time as the judge, employee, or secretary-treasurer shall continue to serve as a judge of the probate court, employee of the board, or secretary-treasurer beyond 20 30 years of service. The average monthly net earnings of any such judge of the probate court, employee of the board, or secretary-treasurer retiring prior to July 1, 1996, shall be added to the total monthly net earnings of such judge of the probate court, employee of the board, or secretarytreasurer during the 20 30 year period of service. The sum of these two amounts shall then be divided by 240 360, and the result of such division shall then be used as the average monthly net earnings upon which retirement benefits shall be calculated; provided, however, such average monthly net earnings shall not exceed the limitations specified in subsection (b) of Code Section 47-11-21 and in Code Section 47-11-40. (d) The calculation of benefits under this Code section shall apply to persons who were receiving benefits pursuant to the provisions of this chapter prior to July 1, 1988, as well as to persons who become eligible to receive benefits on or after that date. Effective July 1, 1988, the monthly benefit of each person who was receiving a benefit prior to that date shall be increased in the amount necessary to comply with the requirements of this subsection."
544
JOURNAL OF THE HOUSE
SECTION 4.
This Act shall become effective on July 1, 2016, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2016, as required by subsection (a) of Code Section 47-20-50.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, 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 Atwood N Ballinger E Barr Y Battles E Beasley-Teague Y Belton N Bennett, K Y Bennett, T Y Bentley
Benton N Beskin Y Beverly Y Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D N 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 Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Gasaway Y Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Harden
N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes N Houston E Howard Y Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby N Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin N Martin Y Maxwell E Mayo E McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer N Nix N Oliver N Pak Y Parrish N Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J N Price N Prince
Pruett N Quick N Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge N Rynders Y 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 N 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
VACANT E Waites Y Watson N Welch
Weldon Y Werkheiser Y Wilkerson N Wilkinson N Willard
Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
WEDNESDAY, FEBRUARY 10, 2016
545
On the passage of the Bill, by substitute, the ayes were 128, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 840. By Representatives Stephens of the 164th, McCall of the 33rd, Greene of the 151st, Parrish of the 158th and Smith of the 70th:
A BILL to be entitled an Act to amend Title 12 and Title 27 of the Official Code of Georgia Annotated, relating to conservation and natural resources and game and fish, respectively, so as to change provisions relating to rules and regulations used to establish criminal violations; to authorize the grant of wildlife exhibition permits for use by the film industry; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 12 and Title 27 of the Official Code of Georgia Annotated, relating to conservation and natural resources and game and fish, respectively, so as to change provisions relating to rules and regulations used to establish criminal violations; to revise a definition relating to feral hogs; to authorize the grant of wildlife exhibition permits for use by the film industry; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in Code Section 12-2-2, relating to the Environmental Protection Division and the Department of Natural Resources generally, by revising paragraph (5) of subsection (c) as follows:
"(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 2013 2016."
546
JOURNAL OF THE HOUSE
SECTION 2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-1-2, relating to definitions relative to game and fish, by revising paragraph (28) as follows:
"(28) 'Feral hog' means any hog which is normally considered domestic but which is living in a wild state and cannot be claimed in private ownership has lived any part of its life in a wild, free-ranging state and is currently in such state or has been taken."
SECTION 3. Said title is further amended by revising Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, as follows:
"27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'rules and regulations' means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2015 2016."
SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"27-2-13.1. (a)(1) For purposes of this subsection, the term 'film production' means the creation of film, video, or digital projects in this state, including, but not limited to, the creation of feature films, documentaries, series, pilots, movies for television, advertisements, music videos, and interactive entertainment. (2) It shall be unlawful for any person to keep, hold, or possess any wildlife in captivity for film production purposes or to otherwise provide wildlife for use in film production without first procuring a film production wildlife permit as provided in Code Section 27-2-23. No wildlife may be possessed by the applicant prior to a film production wildlife permit being granted by the department, unless such wildlife was legally possessed by the applicant prior to the grant of the permit. The department may impose conditions on such permit requiring adequate sanitation facilities, housing, and feed for the animals and insuring the safety of the public in accordance with regulations promulgated by the board. (3) A permit issued pursuant to this subsection shall authorize the permit holder to transport, possess, or transfer wildlife for any permitted purpose related to film production; provided, however, that possession of a permit shall not exempt the holder from any other local, state, or federal requirements.
(b) It shall be unlawful for any person holding any wildlife in captivity pursuant to a permit issued in accordance with this Code section to release the wildlife from captivity or to house or maintain the wildlife in such a manner as to pose a reasonable possibility that the wildlife may be released accidentally or escape from captivity."
WEDNESDAY, FEBRUARY 10, 2016
547
SECTION 5. Said title is further amended in Code Section 27-2-23, relating to license, permit, tag, and stamp fees, by adding two new subparagraphs to paragraph (8) to read as follows:
"(W) Resident film production wildlife permit
Annual
300.00
(X) Nonresident film production wildlife permit
Annual
600.00"
SECTION 6. This Act shall become effective on July 1, 2016, and shall apply to all offenses occurring on or after such date.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Carson of the 46th was excused from voting on HB 840.
The report of the Committee, which was favorable to the passage of the Bill, 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E 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 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 Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston E Howard Y Hugley Y Jackson 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 Lott
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice
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
VACANT E Waites Y Watson Y Welch
Weldon
548
JOURNAL OF THE HOUSE
Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D
Clark, H Y Clark, V Y Coleman Y Cooke
Y Frye Y Gardner
Gasaway Y Gilligan
Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Lumsden E Mabra
Marin Y Martin Y Maxwell E Mayo E McCall Y McClain Y Meadows Y Metze
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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 155, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 844. By Representatives Maxwell of the 17th, Jasperse of the 11th, Buckner of the 137th, Greene of the 151st, Rakestraw of the 19th and others:
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 update certain provisions related to determining which insurance premiums are subject to taxation related to the fund; to provide that venue for any action brought in the superior court against the fund or the board shall be in the superior court of the board's county of domicile; to 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 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, so as to update certain language related to determining which insurance premiums are subject to taxation related to the fund; to provide that venue for any action brought in the superior court against the fund or the board shall be in the superior court of the board's county of domicile; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, is amended by revising paragraph (2) of subsection (a) of Code Section 47-7-61, relating to tax on premiums charged by fire insurance companies
WEDNESDAY, FEBRUARY 10, 2016
549
for certain classes of coverage, exclusions, and penalty for failure to report and pay such tax, as follows:
"(2) If property covered under any policy for which gross premiums are reported as required by paragraph (1) of this subsection is served by public fire suppression facilities which are, and such property is rated less favorably than a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by an organization licensed by the Commissioner of Insurance performing utilizing similar rating functions ratings, and which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner, then and to that extent the premiums under such policy shall be excluded in determining the tax imposed under this Code section. The amount of such any exclusion of such tax shall be reported on the returns filed with the board."
SECTION 2.
Said chapter is further amended by adding a new subsection to Code Section 47-7-124, relating to disposition of funds abandoned by members separated from the service, notice, and limitation on asserting certain claims, to read as follows:
"(d) The venue for actions arising under this chapter brought against the board or the fund in superior court, including, but not limited to, a judicial review of a final decision of the board, shall be in the superior court of the county of domicile of the board."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison E Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons
Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall
550
JOURNAL OF THE HOUSE
Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y 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 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
E Howard Y Hugley Y Jackson 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 Lott Y Lumsden E Mabra Y Marin Y Martin Y Maxwell E Mayo E McCall Y McClain Y Meadows Y Metze
Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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
VACANT E 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 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
WEDNESDAY, FEBRUARY 10, 2016
551
The following Committee substitute was read and adopted:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, is amended by adding a new part to read as follows:
"Part 3A
20-14-45. The intent of this part is to provide transparency and accuracy of financial information at the school system and school levels, to the greatest extent practicable. It is the intent of the General Assembly that local school systems and schools provide ready access to all financial information not specifically made confidential by law to the public.
20-14-46. As used in this part, the term 'office' means the Office of Student Achievement.
20-14-47. (a) Each local board of education and each state charter school shall make readily accessible to the public the following school site budget and expenditure information for each school not specifically made confidential by law:
(1) The cost of all materials, equipment, and other nonstaff support; (2) Salary and benefit expenditures for all staff; (3) The cost of all professional development, including training, materials, and tuition provided for instructional staff on an annual basis; (4) The total cost of facility maintenance and small capital projects; and (5) The cost of new construction or major renovation reported on a cost-per-squarefoot basis, based on the school system facility plan.
552
JOURNAL OF THE HOUSE
(b) Each local board of education shall make readily accessible to the public the following school system level information:
(1) The annual budget of the local board of education; (2) Annual audits conducted on the finances of the local board of education; (3) Ratios of expenditures to revenues; (4) The total dollar amount of local property tax revenue the school system is authorized to collect in addition to the total program mill levy; and (5) The total dollar amount of all other tax revenue that is collected by the school system. (c) Each local school system and each state charter school which maintains a website shall post in a prominent location on its website the following preexisting information or a link to where such information can be found: (1) The annual budget submitted to the State Board of Education pursuant to subsection (c) of Code Section 20-2-167; (2) The annual personnel report prepared by the state auditor pursuant to Code Section 50-6-27; (3) The most recent audit conducted by the Department of Audits and Accounts pursuant to subsection (a) of Code Section 50-6-6 and any additional independent audit conducted pursuant to subsection (b) of Code Section 50-6-6; (4) Any findings of irregularities or budget deficits reported by the Department of Audits and Accounts pursuant to Code Section 20-2-67; and (5) For a local board of education which imposes a sales tax for educational purposes pursuant to Part 2 of Article 3 of Chapter 8 of Title 48, the information required pursuant to Code Section 48-8-141 as provided to the Department of Audits and Accounts for posting on such department's searchable website pursuant to subsection (g) of Code Section 50-6-32. (d) Each public school which maintains a website shall post in a prominent location on its website links to the following information: (1) The financial efficiency ratings for the school published by the office pursuant to Code Section 20-14-34; and (2) The webpage where the local school system posted the information listed in paragraphs (1) through (5) of subsection (c) of this Code section.
20-14-48. (a) No later than January 1, 2017, the State Board of Education shall develop rules and regulations requiring that each local board of education and each state charter school provide information for their respective schools as specified by the state board and which is not specifically made confidential by law, including school site budget and expenditure information. Such rules and regulations shall include a template and definitions of budget and expenditure categories and line items. (b) As soon as is practicable but no later than October 31, 2017, each local board of education and each state charter school shall publish in a prominent location on their respective websites the school site budget and expenditure information for their
WEDNESDAY, FEBRUARY 10, 2016
553
respective schools specified by the state board pursuant to subsection (a) of this Code section utilizing the template and definitions of budget and expenditure categories and line items established by the state board for the most recent fiscal year.
20-14-49. (a) The office shall report the percentage of students with each state funded characteristic included in Code Section 20-2-161 at the school and school system level. (b) If funding is available, as determined by the Office of Planning and Budget, the office shall create and publish an online sortable list for each school and school system on per student expenditures used to determine the financial efficiency rating calculated by the office pursuant to Code Section 20-14-33. (c) The office shall report the relative financial performance of schools and school systems. (d) The Department of Education shall publish annually on its website all underlying fiscal data that informs the financial efficiency rating calculated by the office pursuant to Code Section 20-14-33 and an explanation of the fiscal data that informs the financial efficiency rating on a disaggregated basis. (e) All state and local government entities, including the Department of Education, Department of Audits and Accounts, Office of Planning and Budget, the office, and local school systems shall cooperate with and assist each other in complying with this part."
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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
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 Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston E Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
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
554
JOURNAL OF THE HOUSE
Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin Y Martin Y Maxwell E Mayo E McCall Y McClain Y Meadows Y Metze
Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Smith, E
E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT E 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 726. By Representatives Tanner of the 9th, Powell of the 32nd, Harrell of the 106th, Peake of the 141st, Duncan of the 26th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to clarify that certain charges are not subject to state excise tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison E Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston E Howard
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake
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
WEDNESDAY, FEBRUARY 10, 2016
555
Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Hugley Y Jackson 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 Lott Y Lumsden E Mabra Y Marin Y Martin Y Maxwell E Mayo E McCall Y McClain Y Meadows Y Metze
Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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
VACANT E 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 163, 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 870. By Representatives Strickland of the 111th, England of the 116th, Meadows of the 5th, Dudgeon of the 25th, Reeves of the 34th 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 certain programs and activities under the "Quality Basic Education Act," so as to provide that high schools that receive state funding cannot participate in an athletic association which prohibits religious expression on the clothing of student athletes; to provide that high schools that receive state funding cannot participate in an athletic association which prohibits member schools from organizing and playing scrimmage matches, games, or other athletic competitions with nonmember schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
556
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison E Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton N Bennett, K N Bennett, T Y Bentley
Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A N Carter, D 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 Y Dickey Y Dickson Y Dollar Y 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 N Fludd N Frazier Y Frye
Gardner Y Gasaway Y Gilligan Y Glanton Y Golick N Gordon Y Gravley Y Greene Y Harden
Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston E Howard N Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin Y Martin Y Maxwell E Mayo E McCall N McClain Y Meadows N Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims N Smith, E
Y Smith, L N Smith, M Y Smith, R Y 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 E Teasley Y Thomas, A.M. N Thomas, E Y Trammell Y Turner
VACANT E Waites Y Watson Y Welch
Weldon 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, the ayes were 136, nays 25.
The Bill, having received the requisite constitutional majority, was passed.
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
WEDNESDAY, FEBRUARY 10, 2016
557
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.
The following Committee substitute was read and adopted:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, is amended by revising Article 10, which is reserved, to read as follows:
"ARTICLE 10
31-7-190. The intent of the General Assembly in enacting this article is to improve quality and delivery of patient centered and family focused palliative care in this state.
31-7-191. As used in this article, the term:
(1) 'Advanced and progressive disease' means a serious, life-threatening medical condition which is irreversible and which will continue indefinitely, where there is no reasonable hope of recovery, but where the patient's medical prognosis is one in which there is a life expectancy of up to two years. This term does not include terminally ill patients. (2) 'Commissioner' means the commissioner of community health. (3) 'Department' means the Department of Community Health. (4) 'Georgia Palliative Care and Quality of Life Advisory Council' or 'council' means the advisory council created pursuant to Code Section 31-7-192.
558
JOURNAL OF THE HOUSE
(5) 'Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; assisted living communities; personal care homes; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; and diagnostic, treatment, or rehabilitation centers. (6) 'License' means a license issued by the department. (7) 'Palliative care' means those interventions which are intended to alleviate suffering and to achieve relief from, reduction of, or elimination of pain and of other physical, emotional, social, or spiritual symptoms of distress to achieve the best quality of life for the patients and their families. (8) 'Terminally ill' means that the individual is experiencing an illness for which therapeutic intervention directed toward cure of the disease is no longer appropriate, and the patient's medical prognosis is one in which there is a life expectancy of six months or less.
31-7-192. (a) There is hereby created the Georgia Palliative Care and Quality of Life Advisory Council within the department. The council shall be composed of nine members. Councilmembers shall be appointed by the commissioner and shall include interdisciplinary palliative care medical, nursing, social work, pharmacy, and spiritual professional expertise; patient and family caregiver advocate representation; and any relevant appointees from the department or other state entities or councils that the commissioner deems pertinent. Membership shall specifically include health professionals who have palliative care work experience or expertise in palliative care delivery models in a variety of inpatient, outpatient, and community settings, such as acute care, long-term care, or hospice, and with a variety of populations, including pediatric, youth, and adult patients. At least two councilmembers shall be boardcertified hospice and palliative medicine physicians or nurses. (b) Councilmembers shall serve for a period of three years. Councilmembers shall serve at the pleasure of the commissioner. The members shall elect a chairperson and vice chairperson whose duties shall be established by the council. (c) The department shall fix a time and place for regular meetings of the council, which shall meet at least twice yearly. Councilmembers shall receive no compensation for their services but shall be allowed actual and necessary expenses in the performance of their duties. (d) The council shall consult with and advise the department on matters related to the establishment, maintenance, operation, and outcomes evaluation of palliative care initiatives in this state.
31-7-193. (a) There is established a state-wide Palliative Care Consumer and Professional Information and Education Program within the department.
WEDNESDAY, FEBRUARY 10, 2016
559
(b) The purpose of the Palliative Care Consumer and Professional Information and Education Program shall be to maximize the effectiveness of palliative care initiatives in this state by ensuring that comprehensive and accurate information and education about palliative care is available to the public, health care providers, and health care facilities. (c) The department shall publish on its website information and resources, including links to external resources, about palliative care for the public, health care providers, and health care facilities. This shall include, but not be limited to, continuing educational opportunities for health care providers; information about palliative care delivery in the home, primary, secondary, and tertiary environments; best practices for palliative care delivery; and consumer educational materials and referral information for palliative care, including hospice. (d) The department may develop and implement any other initiatives regarding palliative care services and education that it determines would further the purposes of this Code section. (e) The department shall consult with the Georgia Palliative Care and Quality of Life Advisory Council in implementing this Code section. Reserved."
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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick N Brockway Y Bruce E 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 N Drenner Y Dudgeon Y Dukes Y Dunahoo N Duncan Y Ealum N Efstration Y Ehrhart Y England Y Epps
N Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston E Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger E Rakestraw
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 E Tanner N Tarvin N Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner
560
JOURNAL OF THE HOUSE
Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson
Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Harden
Y Kidd N Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin Y Martin Y Maxwell E Mayo E McCall Y McClain Y Meadows Y Metze
Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims Y Smith, E
VACANT E 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 138, nays 23.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Prince of the 127th moved that the following Bill of the House be withdrawn from the Committee on Ways & Means and recommitted to the Committee on Judiciary:
HB 938. By Representatives Prince of the 127th, Rice of the 95th, Drenner of the 85th, Powell of the 171st, Glanton of the 75th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for maintenance of the property so sold; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 1328. By Representatives Chandler of the 105th, Dunahoo of the 30th and Pak of the 108th:
A RESOLUTION commending Noah Wilson, Grayson High School's 2016 STAR Student; and for other purposes.
HR 1329. By Representative Belton of the 112th:
A RESOLUTION recognizing and commending the 2015 Morgan County High School softball team; and for other purposes.
WEDNESDAY, FEBRUARY 10, 2016
561
HR 1330. By Representatives Carson of the 46th and Dollar of the 45th:
A RESOLUTION commending the Johnson Ferry Christian Academy; and for other purposes.
HR 1331. By Representatives Greene of the 151st and Ealum of the 153rd:
A RESOLUTION recognizing and commending the Georgia State African American Chamber of Commerce; and for other purposes.
HR 1332. By Representative Greene of the 151st:
A RESOLUTION commending Ms. Martha Nelson Jones, of Terrell County, Georgia, an educator and motivator; and for other purposes.
HR 1333. By Representatives Peake of the 141st, Pezold of the 133rd, Kaiser of the 59th, Harrell of the 106th, Meadows of the 5th and others:
A RESOLUTION commending Kevin Rathbun, Cliff Bramble, and Kirk Parks on being named Georgia's Restaurateurs of the Year; and for other purposes.
HR 1334. By Representatives Abrams of the 89th, Benton of the 31st, Sharper of the 177th, Hugley of the 136th and Kirby of the 114th:
A RESOLUTION honoring kinship caregivers in the State of Georgia; and for other purposes.
HR 1335. By Representatives Oliver of the 82nd, Gardner of the 57th, Abrams of the 89th and Mabra of the 63rd:
A RESOLUTION recognizing the Emory Scholars Program; and for other purposes.
HR 1336. By Representatives Mabra of the 63rd and Oliver of the 82nd:
A RESOLUTION recognizing Dr. Mary Spraker; and for other purposes.
HR 1337. By Representatives Carter of the 175th, Shaw of the 176th, Corbett of the 174th, Sharper of the 177th, Ralston of the 7th and others:
562
JOURNAL OF THE HOUSE
A RESOLUTION recognizing February 24, 2016, as Valdosta State University Day at the capitol and commending student leaders at Valdosta State University; and for other purposes.
HR 1338. By Representatives Williams of the 168th, Stephens of the 164th, Clark of the 101st, Price of the 48th and Smith of the 41st:
A RESOLUTION recognizing Mariyah Carter; and for other purposes.
HR 1339. By Representatives Coomer of the 14th, Duncan of the 26th, Casas of the 107th, Battles of the 15th and Teasley of the 37th:
A RESOLUTION recognizing and commending Dr. Paul L. Walker; and for other purposes.
HR 1340. By Representative Waites of the 60th:
A RESOLUTION Recognizing Sheriff Janis G. Mangum; and for other purposes.
Representative Martin of the 49th District, Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report:
Mr. Speaker:
Your Committee on Budget and Fiscal Affairs Oversight has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 745 Do Pass
Respectfully submitted, /s/ Martin of the 49th
Chairman
Representative Greene of the 151st 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:
WEDNESDAY, FEBRUARY 10, 2016
563
HB 486 Do Pass
Respectfully submitted, /s/ Greene of the 151st
Chairman
Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 913 Do Pass
Respectfully submitted, /s/ Yates of the 73rd
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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 676 HB 781 HR 900
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
HB 772 Do Pass HB 885 Do Pass
Respectfully submitted, /s/ Rynders of the 152nd
Chairman
Representative Shaw of the 176th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. Speaker:
564
JOURNAL OF THE HOUSE
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 818 HB 903 HB 904
Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Shaw of the 176th
Chairman
Representative Burns of the 159th 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.
THURSDAY, FEBRUARY 11, 2016
565
Representative Hall, Atlanta, Georgia
Thursday, February 11, 2016
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 Atwood Ballinger Barr E Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carter, A Carter, D Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh E Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick Gordon Gravley Greene
Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston E Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley E Kendrick Kidd E Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin E Maxwell Mayo McCall
McClain Meadows Metze Mitchell Morris E Nimmer Nix Oliver Pak Parrish Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott E Setzler Sharper Shaw Sims
Smith, E Smith, L E Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall E Stover Strickland Tankersley Tanner Tarvin Taylor, D E Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner E Waites Watson Welch Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, E Williamson Yates Ralston, Speaker
Due to a mechanical malfunction, Representative Battles of the 15th 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:
566
JOURNAL OF THE HOUSE
Representatives Dollar of the 45th, Mosby of the 83rd, Parsons of the 44th, Pruett of the 149th, Randall of the 142nd, Smyre of the 135th, Stephenson of the 90th, and Williams of the 119th.
They wished to be recorded as present.
Prayer was offered by Pastor Curtis Curry, Jr., Ignite Church, Richmond Hill, 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 968. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to authorize the Magistrate Court of Pike 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
THURSDAY, FEBRUARY 11, 2016
567
connected therewith; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 969. By Representative Taylor of the 79th:
A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school financing, so as to provide that the allotment of funds provided to the county school system of any county having, in addition to the county school system, one or more independent school systems shall be reduced in each fiscal year by the amount of ad valorem taxes collected on behalf of such county school system in the preceding year attributable to that part of such county school system's millage rate in excess of 20 mills; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 970. By Representatives Lumsden of the 12th, Powell of the 32nd, Hitchens of the 161st, Jasperse of the 11th, Atwood of the 179th and others:
A BILL to be entitled an Act to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to revise requirements for the issuance of certificates of compliance for fire departments; to revise and to provide for definitions; to expand the functions and powers of the Georgia Firefighter Standards and Training Council; to revise qualifications for firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 971. By Representatives Benton of the 31st, Abrams of the 89th, Sharper of the 177th and Bennett of the 94th:
A BILL to be entitled an Act to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions applicable to social services, so as to authorize the Department of Human Services to provide the same medical assistance and health insurance coverages to kinship caregivers and the children in their care that are provided to foster parents and the children in their care; to provide for related matters; to repeal conflicting laws; and for other purposes.
568
JOURNAL OF THE HOUSE
Referred to the Committee on Juvenile Justice.
HB 972. By Representatives Bennett of the 80th, Hugley of the 136th, Evans of the 42nd, Gordon of the 163rd, Abrams of the 89th 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 enact the Georgia Pregnant Workers Fairness Act; to provide for a short title; to provide for intent; to provide for definitions; to provide for notice of rights; to provide for reasonable accommodations to job applicants and employees for circumstances related to pregnancy, childbirth, or related conditions; to provide for a civil cause of action for unfair employment practices; to require the Department of Labor to develop courses and educate the public on such accommodations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 973. By Representatives Coomer of the 14th, Rice of the 95th, Powell of the 32nd, Kaiser of the 59th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the O.C.G.A., relating to identification and regulation of motor vehicles, so as to provide for the regulation by the Department of Public Safety of towing service providers operating on interstate highways subject to appropriation by the General Assembly; to provide for definitions; to require annual permits for the operation of towing service providers; to provide for power of the department to establish procedures for the issuance of such permits; to provide for a maximum fee to be charged for such permits; to provide for authority to promulgate rules and regulations; to provide for a right to a hearing upon denial of such permit; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 974. By Representatives Oliver of the 82nd, Abrams of the 89th, Rice of the 95th, Tanner of the 9th and Thomas of the 39th:
A BILL to be entitled an Act to amend Code Section 40-5-26 of the Official Code of Georgia Annotated, relating to applications of minors, so as to provide for specific individuals who may sign an application for an instructional permit or driver's license for a minor; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general
THURSDAY, FEBRUARY 11, 2016
569
provisions for torts, so as to provide for certain immunity for individuals who sign an application for an instructional permit or driver's license for a minor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 975. By Representatives Shaw of the 176th, Smith of the 134th, Efstration of the 104th, Caldwell of the 131st, Blackmon of the 146th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities, so as to provide for certain updates to the standard valuation law as it relates to the reserve requirements for companies allowed to opt out of the principal based reserves standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 976. By Representatives Hitchens of the 161st, Willard of the 51st, Powell of the 32nd, Caldwell of the 131st, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to provide for minimum retention periods for video recordings from law enforcement surveillance devices, law enforcement body-worn devices, or devices located on or inside of a law enforcement vehicle; to provide for a definition; to provide for exceptions; to provide for presumptions, civil liability, and fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 977. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Ehrhart of the 36th, Williamson of the 115th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to limit yearly tuition and student fee increases within the university system; to provide for definitions; to provide for methods of tuition and student fee calculation; to provide for exceptions, limitations, and waivers; to provide for related matters; to provide for a contingent effective date; to provide for
570
JOURNAL OF THE HOUSE
automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 978. By Representatives Beverly of the 143rd and Randall of the 142nd:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), as amended, particularly by an Act approved February 14, 2013 (Ga. L. 2013, p. 3501), so as to provide that the nonpartisan election of the mayor and commissioners shall be held on the Tuesday next following the first Monday in November in even-numbered years; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 979. By Representatives Caldwell of the 131st, Cooper of the 43rd, Golick of the 40th, Atwood of the 179th, Lott of the 122nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery and related offenses against persons, so as to increase the punishment for aggravated assault and aggravated battery committed upon hospital emergency department personnel and emergency medical services personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 980. By Representatives Powell of the 32nd, Rynders of the 152nd, Clark of the 147th and Brockway of the 102nd:
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 in municipal elections under certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
THURSDAY, FEBRUARY 11, 2016
571
HR 1325. By Representative Cheokas of the 138th:
A RESOLUTION honoring the life of Sergeant First Class Victor A. Anderson and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1326. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Ehrhart of the 36th, Williamson of the 115th, Golick of the 40th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide that increases in tuition or fees at institutions of the University System of Georgia shall not exceed the rate of inflation; to provide for additional authority, limitations, and exceptions; 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 Rules.
HR 1327. By Representatives Greene of the 151st, Ealum of the 153rd, Cheokas of the 138th, Rynders of the 152nd and Dukes of the 154th:
A RESOLUTION recognizing United States military Purple Heart recipients and dedicating a portion of 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 982. By Representatives Stephens of the 164th, Petrea of the 166th, Hitchens of the 161st, Stephens of the 165th and Gordon of the 163rd:
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 concerning ad valorem taxation of property, so as to change certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
572
JOURNAL OF THE HOUSE
HB 1005. By Representatives Powell of the 171st, Harrell of the 106th, Burns of the 159th, Ehrhart of the 36th, Holmes of the 129th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to lengthen the period before such tax can be reimposed after it is not extended; to provide for related matters; to provide for effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 1344. By Representatives Powell of the 171st, Harrell of the 106th, Burns of the 159th, Ehrhart of the 36th, Holmes of the 129th and others:
A RESOLUTION proposing an amendment to the Constitution so as to allow boards of education, subject to a referendum, to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by school systems to take into account the proceeds received from the sales and use tax by each school system the preceding year; 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 following Bills and Resolutions of the House and Senate were read the second time:
HB 945 HB 947 HB 949 HB 951 HB 953 HB 955 HB 957 HB 959 HB 961 HB 963 HB 965 HB 967 HR 1312 SB 255
HB 946 HB 948 HB 950 HB 952 HB 954 HB 956 HB 958 HB 960 HB 962 HB 964 HB 966 HR 1311 HR 1313 SB 307
THURSDAY, FEBRUARY 11, 2016
573
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 827 HB 845 HB 847
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Golick of the 40th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 11, 2016
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
Modified Open Rule
HB 193 HB 219 HB 821
Life Insurance Consumer Disclosure Model Act; enact (Substitute)(InsRogers-29th) Health; swimming pools; exempt certain privately owned pools from inspection and licensing requirements (Substitute)(SP&CA-Jones-167th) "Military Spouses and Veterans Licensure Act"; enact (SBD-Williams168th)
Modified Structured Rule
HB 811
Banking and finance; update, modernize, and streamline numerous Code sections; revise provisions (Substitute)(B&B-Williamson-115th)
574
JOURNAL OF THE HOUSE
Structured Rule
HB 769 HB 822 HR 1198
Ad valorem tax; certain watercraft held for sale or resale; make permanent an exemption (W&M-Hawkins-27th) Sales and use tax; energy used in agriculture; revise definition (W&MCoomer-14th) Natural Resources, Department of; Environmental Protection Division; review its regulations providing for the protection of underground drinking water; encourage (Substitute)(NR&E-Smith-70th)
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 888. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to transfer probation and intake services of the Juvenile Court of Upson County to the Georgia Department of Juvenile Justice pursuant to Code Section 15-11-69 of the Official Code of Georgia Annotated; 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 890. By Representative Werkheiser of the 157th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3922), so as to stagger the terms of the members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 11, 2016
575
HB 925. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 930. By Representative Allison of the 8th:
A BILL to be entitled an Act to provide a new charter for the City of Blairsville; 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.
HB 932. By Representatives Taylor of the 173rd, Carter of the 175th and Watson of the 172nd:
A BILL to be entitled an Act to authorize the governing authority of Thomas 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 940. By Representatives Gilligan of the 24th, Dudgeon of the 25th, Duncan of the 26th, Cantrell of the 22nd and Tanner of the 9th:
A BILL to be entitled an Act to amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County May 19, 2011 (Ga. L. 2012, p. 5687), so as to exempt the position of IT/special projects administrator of the office of the Clerk of Superior Court of Forsyth County from the application of the Forsyth County
576
JOURNAL OF THE HOUSE
civil service system; 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 315. By Senators Williams of the 27th and Gooch of the 51st:
A BILL to be entitled an Act to amend an Act to create the Forsyth County Public Facilities Authority, approved May 1, 2008 (Ga. L. 2008, p. 3637), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3944), so as to revise a definition; to provide a monetary limitation; to provide for related matters; to provide an effective date and severability; to 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 Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E 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 E 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 Evans
Fleming Y Floyd Y Fludd Y Frazier
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser
Kelley E Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott
Y Mitchell Morris Mosby
E Nimmer Y Nix Y Oliver Y Pak Y Parrish
Parsons Y Peake
Petrea Y Pezold
Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice
Y Smith, L E Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall E Stover Y Strickland
Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT E Waites Y Watson
Welch Y Weldon
THURSDAY, FEBRUARY 11, 2016
577
Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Frye Gardner
Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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 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:
SB 262. By Senator Stone of the 23rd:
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.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 262. By Senator Stone of the 23rd:
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.
578
JOURNAL OF THE HOUSE
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Glanton of the 75th, Efstration of the 104th, Caldwell of the 131st et al., Epps of the 144th, Rogers of the 29th, Cheokas of the 138th, Stovall of the 74th, Carter of the 92nd, and Carson of the 46th.
Pursuant to HR 1055, the House recognized February 11, 2016, as Augusta University Day at the state capitol.
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 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.
The following Committee substitute was read and adopted:
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 that an insurer shall not terminate or otherwise penalize an agent for apprising a policy owner of alternatives to the lapse or surrender of an individual life insurance policy; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
THURSDAY, FEBRUARY 11, 2016
579
SECTION 1.
Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, is amended by adding a new Code section to read as follows:
"33-25-15. (a) As used in this Code section, the term:
(1) 'Agent' means a person that is the agent of record of a policy or that has a business relationship with the policy owner or insured. (2) 'Insurer' means the insurance company that issued or currently insures the policy. (3) 'Person' means an individual or a legal entity. (4) 'Policy' means an individual life insurance policy owned by an individual who is a resident of this state, regardless of whether such individual life insurance policy has been issued, delivered, or renewed in this state. (b) No insurer or any other person shall terminate, fine, or otherwise penalize an agent for: (1) Apprising a policy owner or his or her designee of options under the policy terms to the lapse or surrender of the policy; or (2) Assisting a policy owner with securing any benefits under the policy terms."
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 Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh E 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
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley E Kendrick
Y Mitchell Y Morris
Mosby E Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
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 E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
580
JOURNAL OF THE HOUSE
Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows Y Metze
Y Ramsey Y Randall Y Reeves
Rhodes Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
VACANT E 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 811. By Representatives Williamson of the 115th, Powell of the 171st, Brockway of the 102nd, Morris of the 156th, England of the 116th and others:
A BILL to be entitled an Act to extensively amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to update, modernize, and streamline numerous Code sections to provide for efficient regulation of banks, trust companies, credit unions, merchant acquirer limited purpose banks, and the mortgage lending industry; to update and eliminate certain provisions to comply with federal law; to update certain provisions to comply with federal court decisions; to revise powers and duties of the Department of Banking and Finance; to delete all appearances of and references to the term "building and loan associations"; 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 extensively amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to update, modernize, and streamline numerous Code sections to provide for efficient regulation of banks, trust companies, credit unions, merchant acquirer limited purpose banks, and the mortgage lending industry; to update and eliminate certain provisions to comply with federal law; to update certain provisions to comply with federal court decisions; to revise powers and duties of the Department of
THURSDAY, FEBRUARY 11, 2016
581
Banking and Finance; to delete all appearances of and references to the term "building and loan associations"; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I Department of Banking and Finance generally
SECTION 1-1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by revising Code Section 7-1-36, relating to oath and bond of commissioner, deputy commissioner, and examiners within the Department of Banking and Finance, as follows:
"7-1-36. (a) Before entering upon the duties of their offices office, the commissioner, each deputy commissioner, and each examiner shall take an oath before the Governor or one of the Justices of the Supreme Court to support the Constitution of the United States and the Constitution of Georgia and to execute faithfully the duties of their respective offices, his or her office. which oath shall be in writing and subscribed to by the commissioner, each deputy commissioner, or each examiner, as the case may be, and filed in the Governor's office in the case of the commissioner and filed in the commissioner's office in the case of each deputy commissioner and each examiner. Each of them shall also give bond to the State of Georgia with security or securities approved by the Governor in the sum of $50,000.00 in the case of the commissioner and in the sum of $10,000.00 in all other cases, conditioned as follows Before entering their respective offices, each deputy commissioner and examiner shall take an oath of office before the commissioner to support the Constitution of the United States and the Constitution of Georgia and to execute faithfully the duties of their respective offices which shall be in writing and subscribed by the deputy commissioner or examiner and filed with the department. (b) The commissioner, each deputy commissioner, and each examiner shall:
(1) That the officer will faithfully Faithfully discharge, execute, and perform all and singular the duties required of such officer and which may be required by the Constitution and laws of the State of Georgia; (2) That the officer will faithfully Faithfully account for all moneys that may be received by such officer from time to time by virtue of his office; and (3) That the officer will safely Safely deliver to the successor of such office all books, moneys, vouchers, accounts, and effects whatever belonging to said office. (b) The surety on the bonds shall be a regular incorporated surety company or companies qualified to do business in the State of Georgia, and the premium on the bonds shall be paid as other expenses of the department. Notwithstanding the foregoing, the requirements of this subsection as to surety may be fulfilled by the
582
JOURNAL OF THE HOUSE
participation of the department in any surety bond program covering other state officials and employees which provides the required level of surety whether such surety is underwritten by a company qualified to do business in this state or by a selfinsurance surety bond program established by law. (c) Notwithstanding the foregoing, the oath of office of any deputy commissioner or examiner may be administered by the commissioner."
SECTION 1-2. Said title is further amended by revising Code Section 7-1-42, relating to enforcement of payment of fees, as follows:
"7-1-42. In the event any financial institution shall fail or refuse to pay on demand the amount fixed as fees for examinations any amount owed to the department, including, but not limited to, outstanding fees, the department may proceed through the Attorney General to collect the same by action at law."
SECTION 1-3. Said title is further amended by revising Code Section 7-1-68, relating to reports to department, publication of summaries, and penalty for noncompliance, as follows:
"7-1-68. (a) The department may require reports on the condition of or any particular facts concerning any financial institution at any time the department deems it necessary or advisable. (b) The form of all reports, the information to be contained in them, and the date on which they shall be due shall be prescribed by the department. The reports shall be verified by the oath or affirmation of the president, secretary, or other managing officer of the institution. (c) Every financial institution shall publish annually abstract summaries of two of its reports of condition designated for this purpose by the department and shall file proof of such publication with the department. Such publication shall be made only once in a newspaper of general circulation in the county of the main office of the institution. The department may waive this requirement, in whole or in part, with respect to financial institutions which make their financial statements readily available to the public, including their customer base, and with respect to a class of financial institutions which does not do business with the public generally and may limit the required publication to the customer base served by the institution. (d) Any financial institution which fails to prepare or publish any report or to furnish any proof of publication, in accordance with this Code section, or fails to provide any facts or information requested under subsection (a) of this Code section, shall pay the department a penalty of $100.00 for each day after the time fixed by the department for filing such report, making such publication, or furnishing such proof of publication, but the department may, in its discretion, relieve any financial institution from the payment of such penalty, in whole or in part, if good cause be shown. If a financial institution
THURSDAY, FEBRUARY 11, 2016
583
fails to pay a penalty from which it has not been relieved, the department may, through the Attorney General, maintain an action at law to recover it."
SECTION 1-4. Said title is further amended by repealing and reserving Code Sections 7-1-96 and 7-1-97, relating to liability on bonds for nonperformance of duty and costs of actions by or against department, respectively.
SECTION 1-5. Said title is further amended by revising Code Section 7-1-111, relating to emergency closings, as follows:
"7-1-111. Whenever it appears to the Governor that the welfare of this state or any region thereof or the welfare and security of any financial institution or the lives of the employees of the financial institution or the safety of the funds of depositors and property of the shareholders are endangered or placed in jeopardy by any impending or existing emergency or other catastrophe, including, but not limited to, economic crises, hurricanes, tornadoes, fire hazards, disruption or failure of utility, transportation, communication, or information systems, or civil disorders, the Governor may proclaim that an emergency exists, which shall authorize the emergency closing of any impacted and such state of emergency proclamation shall authorize financial institutions to elect to close. The Governor may also proclaim that any financial institution or type of financial institution shall be subject to special regulation as herein provided until the Governor, by a like proclamation, declares the period of such emergency to have terminated. The department may declare emergencies in specific cases for cause shown, and its declaration shall remain in effect until terminated by the Governor or the commissioner, whichever occurs first."
SECTION 1-6. Said title is further amended in Code Section 7-1-680, relating to definitions relative to the sale of payment instruments, by adding a new paragraph to read as follows:
"(26) 'Virtual currency' means a digital representation of monetary value that does not have legal tender status as recognized by the United States government. The term does not include the software or protocols governing the transfer of the digital representation of monetary value. The term also does not include units of value that are issued in an affinity or rewards program and that cannot be redeemed for money or virtual currencies. Neither does the term include an affinity or rewards program tied to a credit, debit, or prepaid card that awards points for purchases or other transactions, which points can be redeemed for dollar denominated credit to a checking, credit card, or prepaid account, or for a gift card, goods, travel, or services."
584
JOURNAL OF THE HOUSE
SECTION 1-7. Said title is further amended by revising Code Section 7-1-690, relating to enforcement of restrictions on the sale of payment instruments, as follows:
"7-1-690. (a) Without limiting the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the interpretation and enforcement of this article. (b) The department is authorized to enact rules and regulations that apply solely to persons engaged in money transmission or the sale of payment instruments involving virtual currency. The department shall enact such rules and regulations it finds necessary to:
(1) Foster the growth of businesses engaged in money transmission or the sale of payment instruments involving virtual currency in Georgia and spur state economic development; (2) Ensure the continued solvency, safety, soundness, and prudent conduct of persons engaged in money transmission or the sale of payment instruments involving virtual currency; (3) Ensure fair, timely, and equitable fulfillment of the financial obligations of such persons; (4) Protect customers of businesses engaged in money transmission or the sale of payment instruments involving virtual currency from financially impaired or insolvent providers of such services; (5) Encourage high standards of honesty, transparency, fair business practices, and public responsibility; (6) Eliminate financial fraud, other criminal abuse, and unethical conduct in the industry; and (7) Ensure businesses engaged in money transmission or the sale of payment instruments involving virtual currency provide customers with timely and understandable information in order that customers may make informed decisions about virtual currency products and services."
PART II Banks and trust companies
SECTION 2-1. Said title is further amended by repealing and reserving Code Section 7-1-11, relating to registration of nonresident corporations.
SECTION 2-2. Said title is further amended by repealing and reserving Code Section 7-1-239.5, relating to fee for instruments drawn on other institutions.
THURSDAY, FEBRUARY 11, 2016
585
SECTION 2-3. Said title is further amended in Code Section 7-1-290, relating to powers as surety or guarantor, by revising paragraph (3) of subsection (c) as follows:
"(3) Pledging or otherwise granting security interests in their assets to secure public funds deposited in the bank or another bank, including, but not limited to, deposits made pursuant to a pledging pool."
SECTION 2-4. Said title is further amended by revising Code Section 7-1-370, relating to deposits by banks, as follows:
"7-1-370. (a) Subject to the restrictions of subsection (b) of this Code section and of Code Section 7-1-371 in regard to reserve funds, a bank financial institution may deposit its funds in any depository which is:
(1) Selected by, or in any manner authorized by, its directors; (2) Authorized by law to receive deposits; and (3) In the case of a depository located in the United States, one which has deposit insurance issued by or equivalent to deposit insurance provided by a federal public body to depositories of the type involved. (b) If a director of the bank financial institution has a relationship to a depository as either: (1) An officer or director; or (2) An owner of 5 percent or more of the shares of the depository, the depository shall be approved by a majority of the directors other than the director who has such relationship."
SECTION 2-5. Said title is further amended by revising Code Section 7-1-371, relating to legal reserve requirements, notice of deficiency, penalty, and effect of deficiency, as follows:
"7-1-371. (a) For the purposes of the reserve requirement imposed by subsection (b)(c) of this Code section and the composition of the required reserve fund under subsection (d) of this Code section, the term:
(1) 'Demand deposits' means the aggregate of deposits which can be required to be paid on demand or within less than 30 days after demand; (2) 'Reserve agent' means a depository of a bank financial institution selected as provided in Code Section 7-1-370 and approved by the department for the deposit of funds included in the required reserve fund. (b) A financial institution which is governed by 12 C.F.R. 204 shall maintain, at all times, a reserve fund in accordance with the applicable federal requirements. (c) A bank financial institution which is not a member of the Federal Reserve System governed by 12 C.F.R. 204 shall maintain, at all times, a reserve fund in an amount
586
JOURNAL OF THE HOUSE
fixed by regulation of the department;, but in no case shall such reserve be required in excess of:
(1) In the case of a savings bank, 5 percent of total deposits; and (2) In the case of a commercial bank, the aggregate of 15 percent of demand deposits and 5 percent of other deposits. The amount of the required reserve for each day shall be computed on the basis of average daily deposits covering such biweekly or shorter periods as shall be fixed by regulation of the department. (c) A bank which is a member of the Federal Reserve System shall maintain at all times a reserve fund in accordance with the requirements applicable to a member bank under the laws of the United States. (d) In the case of a commercial bank financial institution which is not governed by 12 C.F.R. 204, such portion of the reserve fund against deposits as shall be fixed by regulation of the department shall consist of United States coin and currency on hand or on deposit, subject to call without notice, in a reserve agent. The balance of such reserve fund shall be kept in obligations of: (1) The United States, the Federal National Mortgage Association, a federal land bank, a federal home loan bank, a bank for cooperatives, a federal intermediate credit bank, or the State of Georgia General obligations of the United States or of a subsidiary corporation of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Banks, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks regulated by the Farm Credit Administration, Federal Home Loan Mortgage Corporation, or Federal National Mortgage Association; or (2) Obligations of the State of Georgia or any instrumentality of this state; or (3) Other issuers whose obligations are marketable and approved by regulation of the department for the purpose of this Code section. (e) In the case of a savings bank, the reserve fund shall consist of: (1) United States coin and currency on hand or on deposit, subject to call without notice, in a reserve agent, in a total amount not less than 1 percent of the deposits of the savings bank; and (2) Securities permitted under subsection (d) of this Code section. (f) All assets which are part of the reserve fund required by this Code section shall be owned absolutely by the bank financial institution and shall not be pledged, assigned, or hypothecated in any manner or subject to setoff. The value of all securities which constitute a part of a bank's financial institution's reserve fund shall be computed at the current market value thereof. (g)(f) A bank financial institution shall give written notice to the department, in the manner prescribed by the department for such notice, of any deficiency in the amount or form of the reserve fund required by this Code section within three business days after the close of any scheduled averaging period during which such deficiency occurs. A bank shall pay to the department a penalty of $50.00 for each day after the time fixed
THURSDAY, FEBRUARY 11, 2016
587
for the giving of notice in which it fails to give such notice, provided that the department may relieve a bank of this penalty for good cause shown. (h)(g) Immediately following the closing of any scheduled averaging period during which a deficiency in the required reserve occurs, the bank financial institution will take immediate action to restore the deficiency; and, until such deficiency is restored, the bank financial institution shall not make any new loans or discounts other than by discounting or purchasing bills of exchange at sight; nor shall any dividend be declared out of the profits of such bank financial institution. Any bank financial institution failing to restore its reserve to the required amount within 30 days after the closing of the averaging period in which the deficiency occurs may have its business and assets taken over by the department as provided in Part 7 of Article 1 of this chapter."
SECTION 2-6. Said title is further amended by revising Code Section 7-1-372, relating to remission of checks at par, collection charge, and service charge, as follows:
"7-1-372. A commercial bank shall pay all checks drawn on it at par and shall make no charge for the payment of such checks; provided, however, it may deduct a reasonable collection charge covering its actual expenses from the remittance for any check forwarded to it for collection and remittance as a special collection item and may impose a service charge as authorized by Code Section 44-12-196, relating to when an instrument on which a banking or financial organization is directly liable is presumed abandoned."
SECTION 2-7. Said title is further amended in Code Section 7-1-530, relating to authority to merge or consolidate state banks and trust companies, by revising subsection (a) as follows:
"(a) Upon compliance with the requirements of this part and other applicable laws and regulations, including any branching and minimum age laws and regulations, one or more banks or trust companies may merge or consolidate, provided that an institution exercising trust powers alone may merge or consolidate only with another such trust company. Upon compliance with the requirements of this part and other applicable laws and regulations, including any branching and minimum age laws and regulations, a corporation other than a bank or trust company may acquire all of the outstanding shares of one or more classes or series of one or more banks or trust companies through a share exchange."
SECTION 2-8. Said title is further amended by revising Code Section 7-1-591, relating to representative offices of banks or bank holding companies domiciled in state, as follows:
"7-1-591. A bank domiciled in this state and operating under its the laws of this state or the laws of the United States or a subsidiary or agent of such bank may establish a representative office anywhere in the state upon registering with the department. A bank holding
588
JOURNAL OF THE HOUSE
company domiciled in this state and operating under its the laws of this state or the laws of the United States or a nonbank subsidiary or agent of such bank holding company may establish a representative office anywhere in this state upon registering with the department."
SECTION 2-9. Said title is further amended by revising Code Section 7-1-592, relating to representative offices of banks or bank holding companies domiciled outside of state, as follows:
"7-1-592. A bank or bank holding company domiciled in this state and operating under the laws of the United States or domiciled outside this state and operating under the laws of such other state or territory or of the United States, or its subsidiary or agent, may establish representative offices anywhere in this state, provided that such bank or bank holding company conforms to the requirements of its primary regulator."
SECTION 2-10. Said title is further amended in Code Section 7-1-593, relating to registration of bank or bank holding company with representative office in state, by revising subsection (a) as follows:
"(a) A bank or bank holding company domiciled in this state and having a representative office located in this state shall register with the department annually on forms prescribed by the department. Such registration shall be filed according to regulations issued by the department, shall be accompanied by a registration fee prescribed by regulations of the department, and shall list the names of all its Georgia representative offices, the street address of the offices, the nature of the business to be transacted in or through the offices, and such other information as the department may require. The department may consolidate these requirements and those for agency relationships with the holding company registration required in Parts 18, 19, and 20 of this article."
SECTION 2-11. Said title is further amended by repealing and reserving Code Section 7-1-594, relating to registration of banks or bank holding companies conducting agency relationships.
SECTION 2-12. Said title is further amended in Code Section 7-1-601, relating to bank branch offices, by revising paragraph (3) of subsection (a) as follows:
"(3) A bank may acquire a branch office from another bank without acquisition of the entire bank. However, an out-of-state bank with no lawfully established branch office in Georgia may not directly or indirectly make such an acquisition; or"
THURSDAY, FEBRUARY 11, 2016
589
SECTION 2-13. Said title is further amended in Code Section 7-1-602, relating to applications for bank branch offices, by revising subsection (b) as follows:
"(b) After receipt of a complete application, the department shall have 90 days within which to approve or disapprove such application. Under normal circumstances and workload, the department will issue an approval or disapproval of a branch office within 21 days or after the end of the public comment period, whichever is later."
SECTION 2-14. Said title is further amended in Code Section 7-1-603, relating to extensions of banking locations, automated teller machines, cash dispensing machines, point-of-sale terminals, and other extensions, by revising paragraph (1) of subsections (b) and (c) as follows:
"(1) 'Automated teller machine' means electronic equipment which performs routine banking transactions including, but not limited to, the taking of deposits for the public at locations off premises of a bank's main or branch office under regulations prescribed by the commissioner. This term includes electronic equipment that utilizes, or has the capability to utilize, live video chat with offsite bank personnel who may assist with banking services, including, but not limited to, account initiation." "(1) Any Georgia state federally insured bank or credit union may operate automated teller machines throughout the this state. Any bank not otherwise doing a lawful banking business in this state may operate automated teller machines throughout this state, provided such automated teller machines are unstaffed and not combined with a staffed facility. These machines may be operated individually by any bank or credit union or jointly on a cost-sharing basis by two or more banks or other financial institutions credit unions;"
SECTION 2-15. Said title is further amended by revising Code Section 7-1-604, relating to banking business prohibited except as allowed by Title 7, as follows:
"7-1-604. No bank shall carry on or conduct or do a banking business in this state except in accordance with the provisions of this title which govern entry into this state to conduct such a business or federal law directly applicable to the bank. 'A banking business' A 'banking business' is the business which a bank is authorized to do pursuant to this title."
SECTION 2-16. Said title is further amended by revising Code Section 7-1-607, relating to registration, reporting, examinations, and control of bank holding companies, as follows:
"7-1-607. (a) On July 1, 1976, and annually thereafter on dates established by the commissioner, each bank holding company that controls a bank shall register with the commissioner
590
JOURNAL OF THE HOUSE
on forms provided or prescribed by him or her, which may include such information with respect to the financial condition, operation, management, and intercompany relationships of the bank holding company and its subsidiaries and related matters as the commissioner may deem necessary or appropriate to carry out the purposes of this part. (b) The commissioner is authorized to issue such regulations and orders as may be necessary to enable him or her to administer and carry out the purposes of this Code section and prevent evasions thereof, and for the purpose of lessening the regulatory burden to waive certain requirements associated with the annual reporting requirements for bank holding companies that do not have their principal place of business in Georgia and do not own Georgia banks. (c) The commissioner from time to time may require reports under oath to keep him or her informed as to whether the provisions of this Code section and such regulations and orders thereunder issued by him or her have been complied with; may make examinations of each bank holding company and each subsidiary thereof, the cost of which may be assessed against and paid by such holding company; and shall, as far as possible, use the reports of examination made by the Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, or the Board of Governors of the Federal Reserve System for the purposes of this Code section. (d) Bank holding companies that control a bank and subsidiaries or affiliates thereof shall be regulated, controlled, and examined by the commissioner to the same extent that he or she regulates, controls, and examines state banks and other financial institutions under his or her jurisdiction, which would be in addition to the authority of the Federal Reserve Board as fixed by the laws of the United States. The commissioner is authorized, directed, and required to promulgate, with precision, rules and regulations and investment procedures in the regulation, examination, and control of bank holding companies doing business in this state that control a bank."
SECTION 2-17. Said title is further amended by revising Code Section 7-1-620, relating to part purpose, as follows:
"7-1-620. This part governs the acquisition of banks having banking offices in Georgia by bank holding companies controlling bank subsidiaries having banking offices outside this state. It further governs the acquisition of banks having banking offices outside this state by bank holding companies controlling bank subsidiaries having banking offices in Georgia. It sets forth application, notice, registration, and other related requirements. Acquisitions of banks having banking offices only in Georgia by bank holding companies controlling only bank subsidiaries having banking offices solely in Georgia are governed by the provisions of Code Sections 7-1-605 through 7-1-608."
THURSDAY, FEBRUARY 11, 2016
591
SECTION 2-18. Said title is further amended in Code Section 7-1-621, relating to definitions relative to interstate acquisitions of banks and bank holding companies, by revising paragraphs (2), (7), (12), (15), and (23) as follows:
"(2) 'Bank' means any insured institution 'insured bank' as such term is defined in 12 U.S.C. Section 1813(h) Section 3(h) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(h) or any institution eligible to become such, provided that the term 'bank' shall not include any 'foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978). The term 'bank' as used in this part shall include any building and loan association, savings and loan association, or state savings and loan association as such terms are defined in Code Section 7-1-4 and shall include federal savings banks and similar banking entities chartered under the laws of any state and whose deposits are insured under a federal deposit insurance program." "(7) 'Control' means that which is set forth either in Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a)." "(12) 'Home state' means any state in the United States:
(A) With respect to a state bank, the state by which the bank is chartered; (B) With respect to a national bank, the state in which the main office of the bank is located; or (C) With respect to a foreign bank, the state determined to be the home state of the foreign bank under 12 U.S.C. Section 3101(c)3103(c) of the International Banking Act." "(15) 'Insured depository institution' shall have the same meaning as set forth in 12 U.S.C. Section 1813(c)(2) and (3) of the Federal Deposit Insurance Act, provided that the term 'insured depository institution' shall not include any 'foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978)." "(23) 'Subsidiary' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841."
SECTION 2-19. Said title is further amended in Code Section 7-1-623, relating to acquisitions by a bank or bank holding company not requiring department approval, by revising subsection (a) as follows:
"(a) Subject to any applicable restrictions or exceptions provided for in subsection (b) of Code Section 7-1-622, a bank holding company having a bank subsidiary with banking offices in Georgia may acquire a bank that does not have banking offices in this state, and a bank holding company, which may or may not have an out-of-state bank subsidiary having only branch offices in Georgia, may acquire an out-of-state bank with branch offices in Georgia, but shall notify the department at least 30 days prior to the consummation of the proposed transaction. The notification requirements of this subsection shall be satisfied by furnishing the department with a copy of the
592
JOURNAL OF THE HOUSE
application or applications filed with applicable bank supervisory agencies seeking approval for the proposed transaction and such other information as the department shall request. In lieu of furnishing the entire application, the applicant may submit to the department a description of the transaction within the same time frame. In this event, the department shall request further information only if needed. The department may, for good cause shown, object to the transaction by letter to the bank holding company and to the appropriate federal or state regulator before consummation of the transaction. Annual registration of the holding company with the department is required so long as it has banking offices in Georgia."
SECTION 2-20. Said title is further amended by revising Code Section 7-1-624, relating to prohibited acquisitions by a bank or bank holding company, as follows:
"7-1-624. (a) Except as expressly permitted under this part, Part 20 of this article, or by federal law, no bank holding company may acquire a bank or a bank holding company controlling a bank having banking offices in Georgia chartered by the department. (b) In the event any bank holding company makes an acquisition that is prohibited by this part, the commissioner shall require such bank holding company to divest itself immediately of its direct or indirect ownership or control of any Georgia banks or banking offices located in Georgia. In addition, the The commissioner shall also have the power to enforce any other prohibitions in this part by requiring divestitures of nonconforming banks, bank holding companies, or assets. Alternatively, the commissioner shall have the power to impose through the imposition of fines and penalties or through the exercise of such other remedies as are provided in this chapter, including, but not limited to, judicial actions."
SECTION 2-21. Said title is further amended in Code Section 7-1-628, relating to purpose and scope of part, by revising subsections (b) and (c) as follows:
"(b) The scope of this part covers mergers where, upon consummation of the interstate merger transaction, the resulting bank will have banking locations in Georgia and at least one other state. It provides for certain approval, notice, registration, and other requirements. Mergers involving banks having present and resulting branches located only in this state are governed by Parts 14 and 15 of this article. To the extent a bank participating in an interstate merger transaction is owned or controlled by a bank holding company, the applicable provisions of Part 19 of this article shall also apply. (c) In authorizing the expansion of interstate banking to this state, and in the interests of its citizens, the General Assembly finds that primary consideration should be given to the following:
(1) Affording protection and promoting convenience to bank depositors and other customers of financial institutions in this state;
THURSDAY, FEBRUARY 11, 2016
593
(2) Preserving the advantages of a sound dual banking system and the competitive equality of state chartered institutions with federally chartered institutions; and (3) Supervising, regulating, and keeping records of all persons, firms, corporations, associations, and other business entities who furnish depository, lending, and associated financial services in this state; and (4) Providing to the Department of Banking and Finance sufficient powers and responsibilities to implement these considerations."
SECTION 2-22. Said title is further amended in Code Section 7-1-628.1, relating to definitions relative to interstate banking and branching by merger, by revising paragraphs (1), (6), (11), (14), and (22) as follows:
"(1) 'Bank' shall have the same meaning as set forth 'insured bank' in 12 U.S.C. Section 1813(h) of the Federal Deposit Insurance Act, provided that the term 'bank' shall not include any 'foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978)." "(6) 'Control' means that which is set forth either in Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a)." "(11) 'Home state' means:
(A) With respect to a state bank, the state by which the bank is chartered; (B) With respect to a national bank, the state in which the main office of the bank is located; or (C) With respect to a foreign bank, the state determined to be the home state of the foreign bank under 12 U.S.C. Section 3101(c) 3103(c) of the International Banking Act." "(14) 'Insured depository institution' shall have the same meaning as set forth in 12 U.S.C. Section 1813(c)(2) and (3) of the Federal Deposit Insurance Act, provided that the term 'insured depository institution' shall not include any 'foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978)." "(22) 'Subsidiary' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841."
SECTION 2-23. Said title is further amended by revising Code Section 7-1-628.5, relating to requirements for out-of-state banks that are the result of an interstate merger transaction, as follows:
"7-1-628.5. (a) An out-of-state bank that is to be the resulting bank of an interstate merger transaction shall comply or assure compliance with the following requirements:
(1) Part 19 of this article, if applicable to the transaction shall require any holding company of the resulting bank to comply with Code Sections 7-1-605 through 7-1612;
594
JOURNAL OF THE HOUSE
(2) An out-of-state bank that will be the resulting bank pursuant to an interstate merger transaction involving a Georgia state bank shall notify the commissioner of the proposed merger not later than the date on which it files an application for an interstate merger transaction with the responsible federal bank supervisory agency, provide such information as required by rule or regulation or as the commissioner may otherwise specify, and pay any filing fee required by regulation; (3) Prior to consummation of the merger, the resulting bank shall provide the commissioner with satisfactory evidence of all required approvals from all relevant bank supervisory agencies; and (4) Prior to consummation of the merger, the out-of-state bank shall certify to the department that while it has a branch or any other location in Georgia, it will maintain deposit insurance issued by a federal public body. An out-of-state bank holding company that may be the owner of the resulting bank shall provide satisfactory evidence to the commissioner of compliance with applicable requirements of Article 15 of Chapter 2 of Title 14 of the Georgia Business Corporation Code, 'Foreign Corporations,' and shall notify the department of its location, any changes in its initial registered office within this state, and the name of its registered agent at such location. An out-of-state resulting bank shall notify the department of the location of its initial office, any subsequent registered office, and the name of its current registered agent; (5) Each bank or bank holding company attempting to establish interstate branches in Georgia shall provide to the department a certification that all applicable Georgia laws and regulations have been satisfied or a copy of the Uniform Interagency Branch Application. The department may, if appropriate and after its own investigation, provide to the applicable state or federal regulator a certificate of compliance or a statement of noncompliance with Georgia law, together with any advisory comments; and (6) The out-of-state bank must certify to the department that while it maintains a branch in Georgia it will meet the conditions set forth in this part and comply with all applicable Georgia laws and any rules issued under the laws of this state, as well as any orders or directives issued to the bank by the commissioner. (b) In order to facilitate the cooperation between state regulatory authorities, an out-ofstate state bank that is the resulting bank of an interstate merger transaction shall comply or assure compliance with the following additional requirements: (1) The supervisor of the out-of-state state bank must agree to share with the commissioner examination reports prepared by the supervisor and any other information deemed necessary by the commissioner regarding such bank. The exam reports from any other state shall be considered to be the other state's property and shall be protected as confidential by Georgia law; and (2) The out-of-state state bank must agree to make available to the commissioner any information that may be deemed necessary to protect Georgia consumers."
THURSDAY, FEBRUARY 11, 2016
595
SECTION 2-24. Said title is further amended in Code Section 7-1-628.6, relating to powers of out-of-state banks branching into Georgia, by revising subsection (a) as follows:
"(a) An out-of-state state bank which establishes and maintains one or more branches in Georgia under this part may conduct any activities at such branch or branches that are authorized under the law of this state for Georgia state banks, and if an activity is one that requires the prior approval of the commissioner, such approval must be secured prior to commencing such activity."
SECTION 2-25. Said title is further amended in Code Section 7-1-628.8, relating to restrictions on de novo branches, by revising subsections (b) and (c) as follows:
"(b) No out-of-state bank shall establish or maintain a de novo branch in this state unless such bank has lawfully established a branch in Georgia, and then only An out-ofstate bank that does not have a branch in Georgia and that meets the requirements of this article may establish and maintain a de novo branch in this state to the extent that any Georgia bank could establish such a de novo branch. (c) By enacting this Code section and Code Section 7-1-628.9, the General Assembly intends to permit entry into Georgia only by acquisition of or merger with an entire bank, subject to the three-year rule contained in Code Sections 7-1-608, 7-1-622, and 71-628.3 A Georgia state bank may establish and maintain a de novo branch in another state. Such Georgia state bank shall comply with the provisions of this article, including, but not limited to, obtaining approval from the department prior to establishing the branch."
SECTION 2-26. Said title is further amended by revising Code Section 7-1-628.9, relating to restrictions on purchase of branches, as follows:
"7-1-628.9. (a) Unless otherwise expressly permitted by Georgia law or regulation, no bank may acquire a branch of any other bank in Georgia without the acquisition of the entire bank, unless the acquiring bank could lawfully establish a branch in the geographic area where the branch to be acquired is located An out-of-state bank that does not have a branch in Georgia and that meets the requirements of this article may establish and maintain a branch in this state through the acquisition of a branch. (b) A Georgia state bank may establish and maintain a branch in another state through the acquisition of a branch in compliance with the provisions of this article, including, but not limited to, obtaining approval from the department prior to acquiring the branch."
PART III Credit unions
596
JOURNAL OF THE HOUSE
SECTION 3-1. Said title is further amended in Code Section 7-1-630, relating to initial subscribers, articles of incorporation, and filing requirements for credit unions, by revising paragraph (1) of subsection (e) as follows:
"(1) The date of the annual meeting, the manner of conducting the same, the number of members constituting a quorum and regulations as to voting, and the manner of notification of the meeting, which shall comply with Code Section 7-1-6, except that, if the credit union maintains an office and the board of directors so determines, notice of the annual meeting or of any special meeting may be given by posting such notice in a conspicuous place in the office of the credit union at least ten days prior to such meeting;"
SECTION 3-2. Said title is further amended in Code Section 7-1-650, relating to powers of credit unions, by revising subparagraph (D) of paragraph (4) and paragraphs (6) and (9) as follows:
"(D) By depositing its funds in banks, building and loan associations, savings and loan associations, and credit unions; by purchasing certificates of deposit and savings certificates which such financial institutions are authorized to issue; and by selling or purchasing federal or correspondent (daily) funds or loan participations through such financial institutions; subject to limitations prescribed in regulations issued by the department; and" "(6) It may undertake, with the approval of the department, other activities which are not inconsistent with this chapter or regulations adopted pursuant thereto, including such powers as are afforded to federally chartered credit unions, either directly, through a subsidiary corporation, or in cooperation with other credit unions; provided, however, that no such approval shall be granted unless the commissioner determines the activities do not present undue safety and soundness risks to the credit union involved;" "(9) No real Real estate acquired in the cases provided for by subparagraphs (B) and (C) of paragraph (8) of this Code section and no real estate which has ceased to be used primarily as credit union premises shall may be held for a longer period subject to a determination by a majority vote of its directors at least once each year as to the advisability of retaining any such property, provided that no such property may be held for more than five years, unless the time shall be extended by without the prior written approval of the department. Properties, other than real estate, which are acquired in satisfaction of debts previously contracted and which a credit union is not otherwise authorized to own shall be held for no longer than six months unless such time period is extended by the department. Disposition of such property may be financed by the credit union without the advance of additional funds irrespective of the purchasers' membership in the credit union and of ordinarily applicable collateral margin requirements; and"
THURSDAY, FEBRUARY 11, 2016
597
SECTION 3-3. Said title is further amended in Code Section 7-1-655, relating to board of directors, credit and supervisory committees, and officers of credit unions and removals from office, by revising subsection (g) and adding new subsections as follows:
"(g) Directors may be removed from office as provided in Code Section 7-1-485 The entire board of directors or an individual director may be removed from office without cause by the vote of a quorum of members at a properly called meeting. (h) The board may remove a director from office if:
(1) The director is adjudicated an incompetent by a court or is convicted of a felony; (2) The director does not, within 60 days of his or her election or such longer time as may be specified in the bylaws, accept the office in writing or by attendance at a meeting and fulfill other requirements for holding the office; (3) The director fails to attend regular meetings of the board for six successive meetings without having been excused by the board; (4) The director was an employee or duly elected officer of the credit union and was discharged or resigned at the request of the board for reasons relating to performance of duties as an employee or officer of the credit union; or (5) For any reason set forth in the bylaws of the credit union. (i) The board of directors, by a two-thirds' vote of a quorum of the board, may suspend any member of the credit union's board of directors, for cause, until the next membership meeting, which shall be held not less than seven nor more than 60 days after such suspension. The suspended person will be notified of the details of his or her suspension, and shall have the right to request a meeting with the board to reconsider his or her suspension prior to the membership meeting. Any suspended member of the board of directors may be removed by a majority vote of a quorum of members at a properly called meeting. At such meeting of the membership, the suspended person shall have the right to make a presentation to the members and the suspension shall be acted upon by the members at such meeting and the person shall be removed from, or restored to, the board. (j) Vacancies in the board of directors, whether caused by removal or otherwise and including vacancies resulting from an increase in the number of directors, may be filled by the remaining members of the board, even though less than a quorum. (k) The credit union shall immediately notify the department upon a change in president or chief executive officer."
SECTION 3-4. Said title is further amended in Code Section 7-1-669, relating to central credit union, by revising the introductory language of subsection (b) as follows:
"(b) The field of membership of a central credit union shall include credit unions organized and operating under this chapter, any other state credit union law, or under the Federal Credit Union Act. In addition, the field of membership may include:"
598
JOURNAL OF THE HOUSE
SECTION 3-5. Said title is further amended in Code Section 7-1-670, relating to third-party payment services, by revising subsection (d) as follows:
"(d) A credit union that is approved to offer third-party payment services may apply to the department to offer other services, such as check-cashing services, sale of money orders payment instruments, or international remittances, which services are determined by the department to be safe, sound, convenient, and necessary and responsive to those consumers eligible for membership. The department may impose restrictions on these services if approved."
PART IV Georgia merchant acquirer limited purpose bank
SECTION 4-1. Said title is further amended by adding new Code sections to read as follows:
"7-9-5.1. (a) The board of directors shall hold regular meetings at such times as may be fixed by the bylaws and shall, at all times, be subject to call by the chairperson of the board, the chief executive officer, the president, or any two members of the board. The board shall meet at least once in ten different months of each calendar year unless an alternative schedule is approved in writing by the department, but in no event shall the board meet less frequently than once in each calendar quarter. (b) Unless otherwise provided in the articles or bylaws:
(1) A majority of all the directors in office shall constitute a quorum for the transaction of business; and actions of a majority of those present at a meeting at which a quorum is present shall be actions of the board; (2) The board of directors may designate by resolution three or more of its number to constitute an executive committee or other committee which, to the extent provided in such resolution, shall have and exercise the authority of the board of directors in regard to the business of the merchant acquirer limited purpose bank; and (3) Any action which may be taken at a meeting of the directors or of the members of an executive or other committee may be taken without a meeting if a consent or consents in writing setting forth the action shall be signed by all of the directors or all of the members of the executive or other committee and filed with the secretary of the merchant acquirer limited purpose bank.
7-9-5.2. The board of directors shall have the power to adopt, amend, or repeal bylaws governing the regulation and management of affairs of the merchant acquirer limited purpose bank unless such power is reserved exclusively to the shareholders by the articles or bylaws previously adopted by shareholders; provided, however, that any bylaws adopted by the board of directors may be altered, amended, or repealed and new bylaws adopted by shareholders. Shareholders may prescribe that any bylaw or bylaws
THURSDAY, FEBRUARY 11, 2016
599
adopted shall not be altered, amended, or repealed by the board of directors. Copies of the bylaws and any change, addition, or amendment thereto shall be filed with the department immediately upon adoption by the directors or the shareholders.
7-9-5.3. (a) A merchant acquirer limited purpose bank shall maintain a chief executive officer, chief information officer, chief risk officer, and such other officers the department may require by rule or regulation. A person may hold more than one office; provided, however, that no person shall serve as both chief executive officer and chief risk officer. (b) Except as otherwise provided for in the articles or bylaws, the board of directors shall elect officers, fix their compensation, and fill vacancies. An officer elected or appointed by the board may be removed without prejudice to any contract right of such officer upon determination by the board that such removal is in the best interests of the merchant acquirer limited purpose bank. The merchant acquirer limited purpose bank shall immediately notify the department in writing upon a change in the position of chief executive officer or president. (c) Officers of a merchant acquirer limited purpose bank shall have such authority and perform such duties as provided for in the bylaws adopted by the board. (d) A merchant acquirer limited purpose bank may employ such agents or employees as necessary for the prompt and orderly discharge of its business.
7-9-5.4. (a) Prior to assuming office, each director shall take an oath or affirmation that he or she will diligently and honestly perform his or her duties in the administration of the affairs of the merchant acquirer limited purpose bank; he or she will not permit a willful violation of law by the merchant acquirer limited purpose bank; and he or she meets the eligibility requirements of this chapter, the regulations of the department, and the articles and bylaws of the merchant acquirer limited purpose bank. (b) Each director shall sign a copy of the oath required by this Code section and include such documentation in the meeting minutes. No director shall participate in the affairs of the board or receive any compensation for service as a director until such oath has been executed. Any person seeking to act in the capacity of a director before subscribing to the oath required by this Code section or otherwise qualifying for service pursuant to the bylaws of the merchant acquirer limited purpose bank or the laws and regulations governing the operations of the merchant acquirer limited purpose bank shall be liable for his or her actions to the same extent as if that person had qualified to serve as a director of the merchant acquirer limited purpose bank."
"7-9-11.1. (a) Merchant acquirer limited purpose banks may merge or consolidate upon compliance with the requirements of this chapter and other applicable laws and regulations.
600
JOURNAL OF THE HOUSE
(b) A corporation other than a merchant acquirer limited purpose bank may be merged into or may be consolidated with a merchant acquirer limited purpose bank, provided that:
(1) The resulting institution of the merger or consolidation is a merchant acquirer limited purpose bank; (2) The resulting institution of the merger or consolidation holds only assets and liabilities and is engaged only in activities which may be held or engaged in by a merchant acquirer limited purpose bank; and (3) The merger or consolidation is not otherwise unlawful. (c) A merger or consolidation pursuant to subsection (b) of this Code section shall be made by compliance with the requirements of this chapter. Title 14 shall not be applicable to such a merger or consolidation. (d) In the case of a merger of a merchant acquirer limited purpose bank with any other corporation or corporations, with the merchant acquirer limited purpose bank as the resulting entity, any assets, lines of business, activities, or powers which may accrue to the resulting entity which would be prohibited for a merchant acquirer limited purpose bank shall be provided for in the plan of merger. Such plan shall include a proposal for the disposal of such prohibited assets or the termination of such prohibited line of business, activity, or power. The department shall review such plan to determine whether the prohibited asset, line of business, activity, or power should be a basis for denial of the requested merger or consolidation or phased out within a reasonable period of time, which shall be determined by the department.
7-9-11.2. (a) The parties to a merger or consolidation of a merchant acquirer limited purpose bank shall:
(1) Adopt a plan stating the method, terms, and conditions of the merger or consolidation, including the rights under the plan of the shareholders of each of the parties and any agreement concerning the merger or consolidation. Such plan shall specify:
(A) The name that such merchant acquirer limited purpose bank shall have upon and after such merger or consolidation; (B) The persons who shall constitute the board of directors of the merchant acquirer limited purpose bank after the merger or consolidation; (C) The manner and basis of converting the shares of each merged or consolidated entity into shares or other securities or obligations of the surviving merchant acquirer limited purpose bank and, if any shares of any of the merged or consolidated entities are not to be converted solely into shares or other securities of the surviving merchant acquirer limited purpose bank, the amount of cash or securities of any other corporation, or combination of cash and such securities, which is to be paid or delivered to the holders of such shares in exchange for, or upon the surrender of, such shares. Such cash or securities may be in addition to, or
THURSDAY, FEBRUARY 11, 2016
601
in lieu of, the shares or other securities of the surviving merchant acquirer limited purpose bank; (D) Such other provisions with respect to the proposed merger or consolidation which are deemed desirable to the parties of the merger or consolidation plan; and (E) Any other requirements of the department, adopted through rule or regulation, deemed essential to ensure protection of creditors or shareholders of the merging or consolidating entities; (2) Adopt a merger or consolidation plan upon affirmative vote of at least: (A) A majority of the directors; and (B) At a meeting of shareholders, a majority of the shareholders entitled to cast votes or the majority of holders of outstanding shares of a class, if a class of shares is entitled to vote thereon as a class; and (3) Include a copy or summary of the merger or consolidation plan and a full statement of the rights and remedies of dissenting shareholders, the method of exercising such rights, and any limitations on such rights and remedies in the meeting notice for which a merger or consolidation is to be voted upon. (b) Any modification of a merger or consolidation plan which has been adopted shall be made by any method provided therein or, in the absence of such provision, by the same vote as required for adoption.
7-9-11.3. (a) Upon adoption of the plan of merger or consolidation as provided in Code Section 7-9-11.2, parties to a merger or consolidation shall file with the department articles of a merger or consolidation pursuant to the requirements of this Code section together with the fee required by Code Section 7-1-862. (b) The articles of merger or consolidation shall be signed by two duly authorized officers of each party to a merger or consolidation plan under their respective seals and shall contain:
(1) The names of parties to a merger or consolidation plan and the name of the resulting merchant acquirer limited purpose bank; (2) The street address and county location of the main office and registered agent and office of each party; (3) The votes by which the merger or consolidation plan was adopted, a copy of the notice of each meeting held in connection with such adoption, and the time and place such meeting or meetings were held; (4) The names and addresses of the initial directors of the resulting merchant acquirer limited purpose bank; (5) In the case of a merger, any amendments to the articles of the resulting merchant acquirer limited purpose bank; (6) In the case of a consolidation, the requirements for articles of a new merchant acquirer limited purpose bank as provided for by paragraphs (4) through (8) of subsection (a) of Code Section 7-9-5; and (7) The merger or consolidation plan.
602
JOURNAL OF THE HOUSE
(c) Together with the articles of merger or consolidation, parties to a merger or consolidation shall deliver to the department a copy of the notice of merger or consolidation and an undertaking, which may appear in the articles of merger or consolidation or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such merchant acquirer limited purpose bank, that the request for publication of a notice of filing the articles of merger or consolidation and payment therefor will be made as required by subsection (d) of this Code section. (d) No later than the next business day after filing the articles of merger or consolidation with the department, parties to a merger or consolidation shall transmit for publication, to the publisher of a newspaper which is the official organ of the county where the main office of each party is located, a notice which shall contain a statement that the articles of merger or consolidation have been filed with the department, the names of entities which are parties to the proposed merger or consolidation, and, in the case of a merger, the proposed name of the surviving merchant acquirer limited purpose bank. The parties shall include in the notice a designated location where a copy of the articles of merger or consolidation may be examined. Such notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. (e) In the event a merger or consolidation plan is amended as provided for in Code Section 7-9-11.2, parties shall promptly file with the department an amendment to the articles of consolidation or merger reflecting such amendment of the merger or consolidation plan.
7-9-11.4. In addition to the filing of articles of merger and consolidation under Code Section 7-911.3, the parties to a merger or consolidation plan shall also file with the department:
(1) An application including any information desired by the department in order to evaluate the proposed merger or consolidation, which shall be made available in the form specified by the department; (2) Applicable fees established by regulation of the department to defray the expenses of the investigation required by Code Section 7-9-11.5; and (3) If the merger or consolidation involves the adoption of a new name, a certificate issued by the Secretary of State reserving such name under Code Section 7-1-131.
7-9-11.5. (a) Upon receipt of the articles of merger or consolidation and the filings required by Code Section 7-9-11.4, the department shall conduct such investigation as it may deem necessary to ascertain whether:
(1) The articles of merger or consolidation and supporting items satisfy the requirements of this chapter; (2) The merger or consolidation plan and any modification thereof adequately protect the interests of creditors and shareholders;
THURSDAY, FEBRUARY 11, 2016
603
(3) The requirements for a merger or consolidation under all applicable laws have been satisfied and the resulting merchant acquirer limited purpose bank would satisfy the applicable requirements of this chapter; and (4) The merger or consolidation would not adversely impact the merchant acquirer limited purpose bank, entities engaged in merchant acquiring activities or settlement activities, or the payment card network. In making such a determination, the department will take into consideration competitive, financial, managerial, safety and soundness, compliance, and other concerns with respect to the merger or consolidation plan and all parties. (b) Within 90 days after receipt of the articles of merger or consolidation and the filings required by Code Section 7-9-11.4 or within an additional period of not more than 30 days after an amendment to the application is received within the initial 90 day period, the department shall, in its discretion, approve or disapprove such articles on the basis of its investigation and the criteria set forth in subsection (a) of this Code section. Except as provided in Code Section 7-9-11.6, the department shall provide written notice of its approval along with a copy of the articles of merger or consolidation to the Secretary of State. The department shall provide parties to the merger or consolidation plan written notice of its decision and, in the event of disapproval, a general statement of explanation for its decision. The decision of the department shall be conclusive; provided, however, that such decision may be subject to judicial review as provided for in Code Section 7-1-90.
7-9-11.6. Upon payment of all required taxes, fees, and charges, the Secretary of State shall issue to any resulting merchant acquirer limited purpose bank a certificate of merger or consolidation with the approved articles of merger or consolidation attached thereto, provided that the name of the resulting merchant acquirer limited purpose bank in a merger or consolidation has been reserved by a merging or consolidating party or is available on the records of the Secretary of State. The resulting merchant acquirer limited purpose bank shall retain a copy of such certificate, articles, and approval by the department.
7-9-11.7. (a) A merger or consolidation of a merchant acquirer limited purpose bank shall become effective upon the issuance of a certificate of merger or consolidation by the Secretary of State. (b) A certificate of merger or consolidation shall be conclusive evidence of satisfactory performance of all conditions precedent to a merger or consolidation and of the existence or creation of a merchant acquirer limited purpose bank, except as against the state. (c) When a merger or consolidation becomes effective, each party to the merger or consolidation plan, except the resulting merchant acquirer limited purpose bank, shall cease to exist as a separate entity. Upon merger or consolidation, any parties to a
604
JOURNAL OF THE HOUSE
merger or consolidation plan shall become a single corporation which shall be the merchant acquirer limited purpose bank and which shall have, without further act or deed, all property, rights, powers, duties, and obligations of each party to a merger or consolidation plan. (d) The articles of a resulting merchant acquirer limited purpose bank established from a merger shall be the same as its articles prior to the merger with any change stated in the articles of merger. The articles of a resulting merchant acquirer limited purpose bank established from a consolidation shall be the same as its articles prior to the consolidation with any change stated in the articles of consolidation. (e) A resulting merchant acquirer limited purpose bank shall be authorized to engage only in such business and exercise only such powers as are then permissible upon original incorporation under this chapter and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation. (f) No liability of any party to a merger or consolidation plan or of its shareholders, directors, or officers shall be affected nor shall any lien on any property of a party to the plan be impaired by a merger or consolidation. Any claim existing or action pending by or against any party to a merger or consolidation plan may be prosecuted to judgment as if a merger or consolidation had not taken place or a resulting merchant acquirer limited purpose bank may be substituted in place of such appropriate party of a plan of proposed merger or consolidation.
7-9-11.8. (a) A shareholder of a merchant acquirer limited purpose bank which is a party to a plan of proposed merger or consolidation under this chapter who objects to such plan shall be entitled to the rights and remedies of a dissenting shareholder as determined under Chapter 2 of Title 14, known as the 'Georgia Business Corporation Code.' (b) A resulting merchant acquirer limited purpose bank into which other or others have been merged or consolidated may require the return of original certificates of stock held by each shareholder in each or either of the merged or consolidated institutions, or in lieu thereof may:
(1) Issue to each shareholder new certificates for such number of shares of the resulting acquirer limited purpose bank; or (2) Cause to be paid or delivered to each shareholder the amount of cash or securities of any other corporation or combination of cash and such securities as, under the plan of merger or consolidation, such shareholder is entitled to receive."
PART V Criminal and related provisions
SECTION 5-1. Said title is further amended in Code Section 7-1-840, relating to criminal prosecutions and assistance with law enforcement, by revising subsection (a) as follows:
THURSDAY, FEBRUARY 11, 2016
605
"(a) Upon discovery, by report or otherwise, of any apparent violation of any state or federal criminal law which is perpetrated through a deposit or loan account maintained at or which utilizes a monetary instrument issued by a financial institution located in this state or of any state or federal criminal law which relates to a financial institution, the department shall in its discretion either institute criminal proceedings in the manner provided by law or refer the matter to an appropriate law enforcement or prosecuting authority for further action. The department appropriate state prosecuting authority shall have the right to submit to the grand juries of the respective counties of the state, or otherwise seek an indictment of, any criminal violations of the laws of Georgia known by it to have occurred in such counties, or it may likewise submit to. Similarly, any United States attorney may likewise submit to a grand jury, or otherwise seek an indictment of, any criminal violations of the laws of Georgia which also constitute violations of the laws of the United States applicable to such financial institution. This provision Nothing herein shall not be so construed as to prevent the commissioner appropriate state prosecuting authority or other persons from proceeding in such cases by affidavit and warrant."
SECTION 5-2. Said title is further amended by revising Code Section 7-1-842, relating to felonies of directors, officers, agents, and employees of financial institutions and aiding and abetting false entries, as follows:
"7-1-842. Any director, officer, agent, or employee of a financial institution who knowingly:
(1) Makes any false entry in any book, report, or statement of the financial institution or who omits or concurs in omitting to make any material entry in its books or accounts with intent in either case to injure or defraud the financial institution or any other company, firm, or person or to deceive any officer of the financial institution, the commissioner, or any examiner and every person who with like intent aids or abets any officer, director, clerk, agent, or employee in making any false entry, report, or statement or omitting to make any material entry on its books and accounts shall be guilty of a felony and, upon conviction, shall be punished by imprisonment and labor in the penitentiary for not less than one year nor more than ten years;. (2) While in charge of or employed in a financial institution, allows it to receive a deposit when he or she knows the financial institution to be insolvent shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the penitentiary for not less than one year nor more than ten years if loss or injury shall result to such depositor;. (3) By letterheads, newspaper advertisements, signs, circulars, or otherwise, represents the capital stock of any financial institution to be in excess of the capital actually paid in or who knowingly makes or concurs in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition containing any material statement therein which is false or who knowingly omits or concurs in omitting any statement required by law or to be contained therein shall be guilty of a
606
JOURNAL OF THE HOUSE
felony and, upon conviction, shall be punished by imprisonment and labor in the penitentiary for not less than one year nor more than five years;. (4) Violates or is involved in violating any provision of the charter or bylaws of said financial institution shall be guilty of a felony and, upon conviction, shall be punished by imprisonment and labor in the penitentiary for not less than one year nor more than five years; (5) Uses information obtained through his or her association with the financial institution which he or she serves as a director, officer, agent, or employee, which is not otherwise publicly available, with the intent to realize personal gain or to cause financial harm to another party shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed $10,000.00 or twice the amount of improper gain realized, whichever is less, or by imprisonment and labor in the penitentiary for not less than one year nor more than five years, or both."
PART VI Mortgage lenders and brokers
SECTION 6-1. Said title is further amended by replacing "Nationwide Mortgage Licensing System and Registry" with "Nation-wide Multistate Licensing System and Registry" wherever the former phrase occurs in:
(1) Code Section 7-1-1000, relating to definitions relative to mortgage lenders and brokers; (2) Code Section 7-1-1001, relating to registration requirements and exemptions for mortgage lenders and brokers; (3) Code Section 7-1-1002, relating to transaction of lending business without a license and liability; (4) Code Section 7-1-1003.5, relating to Nationwide Mortgage Licensing System and Registry; (5) Code Section 7-1-1003.6, relating to privileged or confidential nature of information provided to the Nationwide Mortgage Licensing System and Registry; (6) Code Section 7-1-1004, relating to issuance or denial of license for a mortgage broker or lender; (7) Code Section 7-1-1004.1, relating to reports of condition by mortgage broker and lender; (8) Code Section 7-1-1004.2, relating to ability of mortgage broker and lender licensee to challenge information in the Nationwide Mortgage Licensing System and Registry; (9) Code Section 7-1-1005, relating to the renewal and expiration of licenses and registrations of mortgage lenders and brokers; (10) Code Section 7-1-1011, relating to annual fees set by department for mortgage loan originator, mortgage broker, and mortgage lender; (11) Code Section 7-1-1013, relating to the prohibition of certain acts by licensees and registrants; and
THURSDAY, FEBRUARY 11, 2016
607
(12) Code Section 7-1-1016, relating to regulations relevant to advertising by mortgage broker and mortgage lenders.
SECTION 6-2. Said title is further amended in Code Section 7-1-1004, relating to issuance or denial of license for a mortgage broker or lender and prelicensing education requirements, by adding a new paragraph to subsection (e) and revising paragraphs (8) and (9) of subsection (g) as follows:
"(6) The department is authorized to enact rules and regulations related to the expiration of prelicensing education." "(8) A licensed mortgage loan originator who subsequently becomes unlicensed shall complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license or the prelicensing education in the event the prelicensing education has expired pursuant to the rules and regulations of the department. (9) An individual meeting the requirements of paragraphs (1) and (3) of subsection (e) of Code Section 7-1-1005 may make up any deficiency in continuing education as established by rule or regulation of the department."
PART VII Building and loan associations and various changes
SECTION 7-1. Said title is further amended in Code Section 7-1-4, relating to definitions relative to the Department of Banking and Finance and financial institutions generally, by revising paragraphs (7), (8), (17), and (21) as follows:
"(7) 'Bank' means a corporation existing under the laws of this state on April 1, 1975, or organized under this chapter and authorized to engage in the business of receiving deposits withdrawable on demand or deposits withdrawable after stated notice or lapse of time; 'bank' shall also include national banks located in this state for the purpose of Part 6 of Article 2 of this chapter, relating to deposits, safe-deposit agreements, and money received for transmission, and Article 8 of this chapter, relating to multiple deposit accounts; provided, however, that the term 'bank' shall not include a credit union, a building and loan association, a savings and loan association, or a licensee under Article 4 of this chapter., but 'Bank' shall include a federal or state credit union for the purposes of Part 6 of Article 2 of this chapter, provided that this inclusion is not intended to grant or expand any powers to credit unions not authorized in Part 6 of Article 2 of this chapter or by other law. (8) 'Building and loan association' means such an association as defined in paragraph (1) of subsection (a) and subsections (b) and (c) of Code Section 7-1-770 Reserved." "(17) 'Depositor' means any person or corporation who shall deposit money or items for the payment of money in any financial institution, which funds are subsequently
608
JOURNAL OF THE HOUSE
(allowing time for collections) withdrawable either on demand or after a stated notice or lapse of time, whether interest is allowed thereon or not, and shall also include:
(A) Holders of demand and time certificates of deposit; (B) Owners of certified or cashiers' checks and checks purchased from a licensee under Article 4 of this chapter; and (C) Shareholders in credit unions, federal credit unions, building and loan associations, and savings and loan associations to the extent that funds paid in by them are withdrawable within the terms of this definition." "(21) 'Financial institution' means: (A) A bank; (B) A trust company; (C) A building and loan association Reserved; (D) A credit union; (E) A corporation licensed to engage in the business of selling payment instruments in this state on April 1, 1975, or so licensed pursuant to Article 4 of this chapter; (F) Business development corporations existing on April 1, 1975, pursuant to the former 'Georgia Business Development Corporation Act of 1972,' approved April 3, 1972 (Ga. L. 1972, p. 798), or organized pursuant to Article 6 of this chapter; (G) An international bank agency doing business in this state on April 1, 1975, pursuant to the former 'International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter; (H) In addition, as the context requires, a national bank, savings and loan association, or federal credit union for the purpose of the following provisions:
(i) Code Section 7-1-2, relating to findings of the General Assembly; (ii) Code Section 7-1-3, relating to objectives of this chapter; (iii) Code Section 7-1-8, relating to supplementary principles of law; (iv)(iii) Code Section 7-1-37, relating to restrictions on officials and personnel; (v)(iv) Code Section 7-1-70, relating to disclosure of information; (vi)(v) Code Section 7-1-90, relating to judicial review of department action; (vii) Subsection (d) of Code Section 7-1-91, relating to orders to desist from conduct illegal under the laws and regulations of this state; (viii) Code Section 7-1-94, relating to the evidentiary results of examinations and investigations; (ix)(vi) Code Sections 7-1-111 and 7-1-112, relating to emergency closings and business restrictions; (x) Code Sections 7-1-110 and 7-1-294, relating to permissive closings; (xi) Code Section 7-1-133, relating to prohibited advertising; (xii) Paragraph (11) of Code Section 7-1-261, relating to additional operational powers of banks and trust companies; (xiii)(vii) Paragraph (3) of subsection (a) of Code Section 7-1-394, relating to criteria to be considered in approving new banks; (xiv) Code Section 7-1-658, relating to loans;
THURSDAY, FEBRUARY 11, 2016
609
(xv)(viii) Code Section 7-1-840, relating to criminal prosecutions; and (xvi)(ix) Code Section 7-1-841, relating to application of Title 16 provisions; (I) A bank holding company as defined in Code Section 7-1-605 for the purposes of Code Sections 7-1-61, 7-1-71, and 7-1-91; (J) Banks chartered by states other than Georgia for the purposes of paragraph (10) of Code Section 7-1-261, relating to agency relationships; and (K) Federal credit unions for the purposes of Part 6 of Article 2 of this chapter, relating to deposits, safe deposit safe-deposit agreements, and money received for transmission, and Article 8 of this chapter, relating to multiple party deposit multiple-party accounts."
SECTION 7-2. Said title is further amended by revising Code Section 7-1-10, relating to rules of construction relative to financial institutions, as follows:
"7-1-10. (a) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to this chapter title. (b) Unless otherwise specifically indicated and to the full extent permitted by the Constitution of Georgia, any reference in this chapter title to an existing statute or regulation shall mean to such statute or regulation as has been or may in the future be amended or have material added to it. If in any case such construction is not constitutionally permissible, such reference shall mean to the statute or regulation as it existed on April 1, 1975 July 1, 2016. (c) Any reference in this chapter title to an action by a superior court or other court shall authorize a judge of such court to take such action in term or in vacation, whether present in the county or absent from it."
SECTION 7-3. Said title is further amended by revising Code Section 7-1-77, relating to approval by commissioner of state or federal rules and regulations affecting financial institutions, as follows:
"7-1-77. Any rule, regulation, order, or administrative directive issued by a state or federal official, agency, or entity which is intended to be applicable to banks, banking associations, bank holding companies, building and loan associations and savings and loan associations, credit unions, or companies engaged in selling money orders or any other company or financial institution under the supervision of the commissioner and required to report to the commissioner or subject to rules and regulations issued by the commissioner shall be effective as to any such company or financial institution only after the rule, regulation, order, or other directive has been approved in writing by the commissioner. Nothing in this Code section shall be construed to modify, limit, or otherwise restrict the authority of the department to conduct an examination, bring a
610
JOURNAL OF THE HOUSE
civil or administrative action, or otherwise enforce state or federal laws against a financial institution."
SECTION 7-4. Said title is further amended by striking "a building and loan association,"; "building and loan associations,"; "'building and loan associations and"; ", building and loan association,"; "building and loan association,"; "building and loan"; "building and loan association or"; "a building and loan association or"; "or 'building and loan'"; "building and loan or"; or "Georgia building and loan associations," wherever such term appears in:
(1) Code Section 7-1-192, relating to notice to depositors and other creditors to present claims; (2) Code Section 7-1-310, relating to powers to act as fiduciary and in other representative capacities; (3) Code section 7-1-355, relating to agreements concerning safe deposits; (4) Code Section 7-1-608, relating to lawful and unlawful acquisitions, formation, and mergers of bank holding companies; (5) Code Section 7-1-740, relating to definitions relative to business development corporations; (6) Code Section 7-1-747, relating to applying for membership and loans by members of a business development corporation; (7) Code Section 7-1-758, relating to tax exemptions and state and local occupational license taxes; (8) Code Section 7-1-777, relating to principal and branch offices of building and loan associations and savings and loan associations; (9) Code Section 7-1-779, relating to use of term "savings and loan," "building and loan," or other terms likely to mislead public as to nature of business; (10) Code Section 7-1-780, relating to lien on deposits to secure loans; (11) Code Section 7-1-786, relating to taxation of building and loan associations and savings and loan associations; (12) Code Section 7-1-787, relating to building and loan associations and savings and loan associations exemptions from securities regulations; (13) Code Section 7-1-788, relating to nondisqualification of interested notaries and other officers of building and loan associations and savings and loan associations; (14) Code Section 7-1-789, relating to deposits by minors, safe-deposit boxes, thirdparty payment accounts, and validity releases in building and loan associations and savings and loan associations; (15) Code Section 7-1-790, relating to deposits of fiduciaries in building and loan associations and savings and loan associations; (16) Code Section 7-1-791, relating to payment on death of depositor by building and loan associations and savings and loan associations; (17) Code Section 7-1-792, relating to deposits applied to funeral expenses of a depositor, building and loan association, or savings and loan association;
THURSDAY, FEBRUARY 11, 2016
611
(18) Code Section 7-1-793, relating to investment of funds in insured deposits in building and loan associations and savings and loan associations; (19) Code Section 7-1-795, relating to savings account books and certificates of building and loan associations and savings and loan associations; (20) Code Section 7-1-796, relating to insanity, incompetency, bankruptcy, or death of depositor in building and loan associations and savings and loan associations; (21) Code Section 7-1-940, relating to definitions relative to small minority business development corporations; (22) Code Section 7-1-947, relating to applicant for membership and loan requirements for small minority business development corporations; (23) Code Section 7-1-958, relating to tax exemptions, credits, privileges, and occupational license taxes for small minority business development corporations; (24) Code Section 7-1-1001, relating to registration requirements and exemptions for mortgage lenders and brokers; and (25) Code Section 7-3-6, relating to exemptions from chapter regarding industrial loans.
SECTION 7-5. Said title is further amended in Code Section 7-1-241, relating to restrictions on engaging in banking business, by revising subsection (a) as follows:
"(a) No person or corporation may lawfully engage in this state in the business of banking or receiving money for deposit or transmission or lawfully establish in this state a place of business for such purpose, except a bank, a national bank, a credit union to the extent provided in Article 3 of this chapter, a licensee engaged in selling checks payment instruments to the extent permitted by Article 4 of this chapter, an international banking agency to the extent provided in Article 5 of this chapter, a building and loan association to the extent provided in Article 7 of this chapter, or a savings and loan association to the extent provided by the laws of the United States."
SECTION 7-6. Said title is further amended by revising Code Section 7-1-289, relating to security for deposits, as follows:
"7-1-289. (a) A bank may, unless otherwise specifically approved in writing by the department, pledge or otherwise grant security interests in its assets to secure deposits of:
(1) Public funds; (2) Funds of a pension fund for employees of a public body of the state; (3) Funds for which a public body of the state or an officer or employee thereof or any court of law is the custodian or trustee pursuant to statute; (4) Funds held by the department as receiver; (5) Funds which are required to be secured by law or by an order of a court;
612
JOURNAL OF THE HOUSE
(6) Its own fiduciary funds or the fiduciary funds of an affiliate. In either case, the funds shall be deposited with the pledging institution and held in its commercial department; and (7) Public funds deposited in another bank. (b) A Except for the deposits listed in subsection (a) of this Code section, a bank may not pledge or otherwise grant security interests in its assets as security for deposits other than the deposits listed in subsection (a) of this Code section unless otherwise specifically approved in writing by the department."
SECTION 7-7. Said title is further amended in Code Section 7-1-293, relating to savings banks and state savings and loan associations, by revising subsections (c) through (e) and (h) as follows:
"(c) A savings bank shall provide its depositors with deposit insurance coverage pursuant to those deposit insurance provisions of this chapter applicable to commercial banks. A state savings and loan association shall provide its depositors, but not its shareholders, with deposit insurance coverage pursuant to those deposit insurance provisions of this chapter applicable to building and loan associations.
(d)(1) Unless specifically exempt therein, all rules and regulations promulgated by the department and applicable to commercial banks shall be applicable to a savings bank. (2) The commissioner shall not approve an application of a financial institution requesting conversion to a commercial bank or a mutual savings bank unless such financial institution divests itself of all branches which were not lawfully established and in existence prior to July 1, 1996, or which do not conform with the branch banking laws of this state if established on or after July 1, 1996. Any federal mutual savings bank or federal mutual savings and loan association with a banking location in Georgia prior to July 1, 1996, which converts to a state charter, shall be entitled to retain the banking locations lawfully established in Georgia which conform to the limitations of this subsection Reserved. (e) The conversion, merger, or consolidation of a federal savings and loan association or federal savings bank, including a federal mutual savings and loan association or federal mutual savings bank, shall be accomplished pursuant to the same procedures as are prescribed in this chapter for a conversion, merger, or consolidation involving a national bank, provided that any federal mutual savings bank or federal mutual savings and loan association converting to a Georgia mutual savings bank must have been in existence on January 1, 1997, and must have had its main office in the State of Georgia; and provided, further, that the approval of such conversion by the members of such association or bank shall be by such vote as is required in the articles of association and bylaws of such association or bank. A federal mutual savings and loan association or federal mutual savings bank shall upon conversion be and be known as a mutual savings bank. Conversion of a building and loan association into a savings bank or state savings and loan association may be made with the approval of the department and an appropriate amendment of the articles of incorporation of the association. In
THURSDAY, FEBRUARY 11, 2016
613
considering any plan for the conversion, merger, or consolidation of a federal savings and loan association or federal savings bank or conversion of a building and loan association, the department shall not approve the plan unless it is satisfied that such plan is fair and equitable to all borrowers, depositors, and shareholders." "(h) Except as provided therein, Article 1 of this chapter and all other parts of this article shall apply to all mutual savings banks, savings banks, and state savings and loan associations and unless specifically exempt therein, all rules and regulations promulgated by the department applicable to banks shall be applicable to mutual savings banks, savings banks, and state savings and loan associations."
SECTION 7-8. Said title is further amended in Code Section 7-1-353, relating to adverse claims to deposits and property held in safe deposit, by revising paragraph (1) of subsection (b) as follows:
"(1) A court order, distraint, levy, garnishment, or other effective legal process;"
SECTION 7-9. Said title is further amended in Code Section 7-1-436, relating to voting of shares of banks and trust companies, by revising subsections (c) and (h) as follows:
"(c) The chairman of the board, chief executive officer, president, any vice-president, the secretary, or the treasurer of a corporation which is the holder of record of shares of a bank or trust company shall be deemed by the bank or trust company to have authority to vote such shares and to execute proxies and written waivers and consents in relation thereto, whether such shares are held in a fiduciary capacity or otherwise, unless, before a vote is taken or a waiver of consent is acted upon, it is made to appear by a certified copy of the bylaws or resolution of the board of directors or executive committee of the corporation holding such shares that such authority does not exist or is vested in some other officer or person. In the absence of such certification, a person executing any such proxies, waivers, or consents or presenting himself or herself at a meeting as one of such officers of a corporate shareholder shall, for the purposes of this Code section, be prima facie deemed to be duly elected, qualified, and acting as such officer and to be fully authorized; and, in the case of conflicting representation, the corporate shareholder shall be deemed to be represented by its senior officer in the order first stated in this subsection." "(h) Notwithstanding subsections (a) through (g) of this Code section, a corporation shall be protected from liability in relying on and treating the persons in whose names shares stand on the record of shareholders as the owners thereof for all purposes."
SECTION 7-10. Said title is further amended in Code Section 7-1-441, relating to restrictions on derivative actions by shareholders of banks and trust companies, by revising subsection (a) as follows:
614
JOURNAL OF THE HOUSE
"(a) In a derivative action involving a right which a bank or trust company may have properly asserted, but which its representatives wrongfully failed to enforce that has been brought by one or more shareholders of a bank or trust company to procure a judgment in its favor, the representatives of the bank or trust company wrongfully having failed to enforce a right which may properly be asserted by it, the complaint shall be verified and shall allege that the plaintiff is a shareholder of record at the time of bringing the action. It shall further allege:
(1) That the plaintiff had purchased his or her shares or was a shareholder of record at the time of the transaction of which he or she complains or that his or her shares thereafter devolved on him or her through one or more transfers by operation of law from one who was a holder of record or member at such time; or (2) That the plaintiff is the holder of record of shares which at the time of the transaction of which he or she complains were held of record by a trustee of a trust in which the plaintiff held a beneficial interest or in which a beneficial interest was held by one from whom the shares have devolved upon the plaintiff through one or more transfers by operation of law."
SECTION 7-11. Said title is further amended in Code Section 7-1-488, relating to officers, agents, employees, and employee share plans of banks and trust companies, by revising subsection (b) as follows:
"(b) Except as otherwise provided in the articles or bylaws, the board of directors shall elect the officers, fix their compensation, and fill vacancies, however occurring. An officer elected or appointed by the board may be removed by the board at any time, whenever in its judgment the best interests of the institution will be served thereby, without prejudice to any contract right of such officer. The department shall immediately be notified in writing when the individual holding the position of chief executive officer or president of the bank changes."
SECTION 7-12. Said title is further amended in Code Section 7-1-600, relating to definitions relative to bank branches, offices, facilities, and holding companies, by revising paragraph (1) as follows:
"(1) 'Bank' means any moneyed corporation authorized by law to receive deposits of money and commercial paper, to make loans, to discount bills, notes, and other commercial paper, to buy and sell bills of exchange, and to issue bills, notes, acceptances, or other evidences of debt, and shall include incorporated banks, savings banks, banking companies, trust companies, and other corporations doing a banking business and may include corporations who provide some or all of the financial services listed in this paragraph by technological means in lieu of or in addition to traditional geographically based delivery systems but, unless the context otherwise indicates, shall not include national banks or building and loan associations or similar associations or corporations; provided, however, that Code Sections 7-1-590 through
THURSDAY, FEBRUARY 11, 2016
615
7-1-594, providing for the registration of representative offices; Code Sections 7-1601 and 7-1-602, regulating the operation and establishment of bank branch offices; Code Section 7-1-603, regulating the expansion of existing facilities; and Code Sections 7-1-604 through 7-1-608, restricting the acquisition and ownership of bank shares or assets and regulating the operation of banks and bank holding companies in this state, shall apply to national banks and all other persons, corporations, or associations, by whatever authority organized, doing a banking or trust business in this state. 'Bank' Such term shall include 'main office' and any 'branch office,' unless the context indicates that it does not."
SECTION 7-13. Said title is further amended in Code Section 7-1-605, relating to when a company is deemed to control shares in a bank holding company, by revising paragraph (2) of subsection (b) as follows:
"(2) 'Company' means any corporation, limited liability company, partnership, business trust, association, or similar organization, commercial entity regardless of organizational structure, or any other trust unless by its terms it must terminate within 25 years or not later than 21 years and ten months after the death of individuals living on the effective date of the trust, but shall not include any corporation the majority of the shares of which are owned by the United States or by any state or any qualified family partnership as defined in the federal Bank Holding Company Act of 1956, as amended."
SECTION 7-14. Said title is further amended in Code Section 7-1-611, relating to penalties for violations of certain provisions relative to banks and bank holding companies, as follows:
"7-1-611. Any bank, bank holding company, or company (as defined in Code Section 7-1-605) which violates subsection (a) of Code Section 7-1-601 or any provision of Code Section 7-1-602, Code Section 7-1-603, or Code Sections 7-1-605 through 7-1-608 shall, upon conviction, be fined be subject to civil monetary penalties of not less than $500.00 nor more than $5,000.00 unless it shall cease and desist therefrom within 60 days after notice of any such violation served on it by the department. Each day on which such violation occurs shall constitute a separate offense."
SECTION 7-15. Said title is further amended by revising Code Section 7-1-770, relating to definitions relative to building and loan associations and savings and loan associations, as follows:
"7-1-770. (a) As used in this article, the term:
(1) 'Building and loan association' means a local mutual association existing under the laws of this state on April 1, 1975, or organized under this article without capital stock which:
616
JOURNAL OF THE HOUSE
(A) Is authorized to receive deposits but shall not have the power to offer thirdparty payment services except in the same manner and subject to the same provisions as are set forth in Code Section 7-1-670 for credit unions; (B) Receives the greater portion of its funds from such deposits; and (C) Lends the greater portion of its funds on the security of first liens or security titles on homes and on the security of first liens on its own deposits. (2) 'Deposit' means any arrangement whereby a withdrawable interest is created in a building and loan association or whereby the building and loan association becomes indebted to a person transferring to it money, commercial paper, or similar items for the payment of money, whether called a 'share,' 'account,' 'certificate,' 'share account,' 'savings account,' 'deposit,' 'savings deposit,' 'deposit account,' or otherwise. (b)(1) An association is 'local' within the meaning of this article if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien or security title on real estate. Any such association may purchase real estate loans or interests in real estate loans which are made and owned by other associations qualified under the building and loan statutes of their respective states or from any savings and loan association to the extent authorized by the regulations of the department, provided that such regulations shall not permit the purchase of loans or interests in loans of any type or in any amounts (per individual loan or in the aggregate) which are not permitted by law to be purchased by savings and loan associations with principal offices in this state. (c)(2) An association is 'mutual' if all depositors in such association participate in the income of such association and if all borrowers are privileged to vote at least one vote at any meeting of members, it being unnecessary that any borrower should subscribe to or purchase any shares or be entitled to participate in any way in the income of such association."
SECTION 7-16. Said title is further amended by repealing and reserving:
(1) Code Section 7-1-771, relating to members and voting by a building and loan association; (2) Code Section 7-1-772, relating to presentation, contents, and execution of articles of a building and loan association; (3) Code Section 7-1-775, relating to filing and processing articles of incorporation and amendments for a building and loan association; (4) Code Section 7-1-776, relating to certificate of incorporation or amendment issued by the Secretary of State for building and loan association; (5) Code Section 7-1-778, relating to rules and regulations governing building and loan associations; (6) Code Section 7-1-782, relating to effect on conversion into savings and loan association; (7) Code Section 7-1-784, relating to previous conversions from a savings and loan association into a building and loan association;
THURSDAY, FEBRUARY 11, 2016
617
(8) Code Section 7-1-785, relating to effect of conversion into a building and loan association; and (9) Code Section 7-1-797, relating to building and loan association deposit insurance requirements and public notice.
SECTION 7-17. Said title is further amended by revising Code Section 7-1-781, relating to conversion of a financial institution to a savings and loan, as follows:
"7-1-781. Any building and loan association or other financial institution existing under the laws of this state doing a home financing business may convert itself into a savings and loan association in accordance with Section 5 of the Home Owners' Loan Act of 1933, 12 U.S.C. Section 1464, upon a vote of 51 percent or more of the votes of the members cast at an annual meeting or at any special meeting called to consider such action."
SECTION 7-18. Said title is further amended by revising Code Section 7-1-783, relating to previous conversions into savings and loan associations ratified, as follows:
"7-1-783. Any building and loan association or corporation which has converted itself prior to April 1, 1975, into a savings and loan association under the Home Owners' Loan Act of 1933 and has received a charter from the Federal Home Loan Bank Board shall be recognized as a savings and loan association, and its federal charter shall be given full credence by the courts of this state to the same extent as if such conversion had taken place under this article."
SECTION 7-19. Said title is further amended in Code Section 7-1-841, relating to applicability of Title 16 to financial institutions, by revising subsection (a) as follows:
"(a) The following provisions of Title 16 are expressly made applicable to financial institutions, their directors, officers, agents, and employees and persons or corporations having dealings with, supervision over, or other contact with financial institutions:
(1) Article 2 of Chapter 7 of Title 16, relating to damage to property; (2) Article 3 of Chapter 7 of Title 16, relating to arson and related offenses; (3) Article 1 of Chapter 7 of Title 16, relating to burglary and related offenses; (4) Chapter 9 of Title 16, relating to deceptive practices; (5) Chapter 8 of Title 16, relating to theft, including robbery; (6) Article 2 of Chapter 8 of Title 16, relating to robbery; (7) Article 1 of Chapter 10 of Title 16, relating to abuse of government office; and (8)(7) Article 4 of Chapter 10 of Title 16, relating to perjury and other falsifications."
618
JOURNAL OF THE HOUSE
SECTION 7-20.
Said title is further amended by revising Code Section 7-1-843, relating to certain misdemeanors of directors, officers, agents, and employees of financial institutions, as follows:
"7-1-843. Any officer, director, agent, or employee of any financial institution who shall perform the following acts or deeds shall be guilty of a misdemeanor:
(1) Advertises by any office sign or upon any letterhead, billhead, bank note, receipt, certificate, or circular or on any written or printed paper that the deposits in said financial institution are insured or guaranteed, unless such deposits in said financial institution are, in fact, insured and guaranteed as required by Code Sections 7-1-244, and 7-1-666, and 7-1-797 or regulation or action of the department pursuant thereto;. (2) Intentionally conceals from the directors of any financial institution or from the committee to whom the directors have delegated authority to pass on loans and discounts any discount or loan made for and in behalf of said financial institution or the purchase or sale of any evidence of indebtedness or agreement for the payment of money;. (3) Uses or applies any part of the capital or other funds of any financial institution to the purchase of shares of its own stock, unless such purchase shall be necessary to prevent loss upon a debt previously contracted in good faith under Code Section 7-1263 or is otherwise permitted by law;. (4) Concurs in any vote or act of the directors of such financial institution by which it is intended to declare a dividend or reduce or make a distribution of capital, except as authorized by Code Section 7-1-460 or 7-1-461 or otherwise under this chapter or other applicable law;. (5) Discounts or receives any evidence of indebtedness or agreement for the payment of money in payment of any subscription for common or preferred shares or with intent to enable any shareholder to withdraw any part of the money paid by him for shares held in the financial institution;. (6) Knowingly and willfully issues, participates in issuing, or concurs in any vote of the directors to issue any increase of its capital beyond the amount of the capital thereof duly authorized by or in pursuance of law or who knowingly or willfully sells or agrees to sell or who is interested, directly or indirectly, in the sale of any such shares of stock of such financial institution or in any agreement to sell the same;. (7) Certifies any check, draft, or order where the drawer of such check, draft, or order does not have on deposit with the financial institution at the time of such certification an amount of money equal to the amount specified in such check, draft, or order or fails to charge or set aside such amount from the deposit of the drawer immediately for the purpose of paying such certified check, draft, or order when presented;. (8) Makes or consents to the making of any conveyance, assignment, transfer, mortgage, or lien with intent to hinder, delay, or defraud creditors, after insolvency of the financial institution or in contemplation thereof, whether the same is made to an innocent purchaser or to any other person."
THURSDAY, FEBRUARY 11, 2016
619
SECTION 7-21. Said title is further amended in Code Section 7-1-845, relating to miscellaneous acts by financial institutions and directors, officers, agents, and employees to be treated as felonies, by revising paragraph (3) of subsection (a) as follows:
"(3) Willfully engages in the business of: (A) A bank in violation of Code Section 7-1-241; (B) A trust company in violation of Code Section 7-1-242; (C) A credit union in violation of Code Section 7-1-633; (D) Selling payment instruments before receiving a license as required by Code Section 7-1-681; (E) An international bank agency before receiving the license required by Code Section 7-1-713; (F) A business development corporation before approval of the department is granted under Code Section 7-1-743; or (G) A building and loan association before its articles are approved; or (H) Transacting business either directly or indirectly as a mortgage loan originator, mortgage broker, or mortgage lender unless licensed by the department or exempt from licensing pursuant to Code Section 7-1-1001; or"
SECTION 7-22. Said title is further amended in Code Section 7-1-911, relating to definitions relative to records and reports of currency transactions, by revising paragraph (6) as follows:
"(6) 'Financial institution' means: (A) A state or national bank; (B) A trust company; (C) A building and loan association, state savings and loan association, or a federal savings and loan association; (D) A state or federal credit union; (E) An international bank agency doing business in this state on April 1, 1975, pursuant to the former 'International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter; or (F) A licensee under Article 4 or Article 4A of this chapter and such other persons as may be engaged in the business of: (i) Cashing checks payment instruments for a fee; or (ii) Performing transactions by wire or other electronic means to facilitate the movement or transfer of money."
SECTION 7-23. Said title is further amended in Code Section 7-2-11, relating to supervision by the department of credit union deposit insurance corporations, by revising subsection (a) as follows:
620
JOURNAL OF THE HOUSE
"(a) The corporation shall not be deemed an insurance company within the meaning of the laws of the State of Georgia relating to insurance or providing for the supervision of insurance companies, but it shall be subject to the exclusive supervision of the department. The department shall exercise the same powers and authority over the corporation as is now or hereafter exercised over banks, and credit unions, and building and loan associations under its jurisdiction and shall issue such rules and regulations as shall be necessary to carry out its responsibilities under this chapter."
PART VIII Repealer
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:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh E 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 Gilligan
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley E Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin E Martin
Y Mitchell Y Morris
Mosby E Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
Y Smith, L E Smith, M Y Smith, R 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
VACANT E Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
THURSDAY, FEBRUARY 11, 2016
621
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 Harden
Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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.
HR 1198. By Representatives Smith of the 70th, Stephens of the 164th, Bryant of the 162nd, Petrea of the 166th, Nimmer of the 178th and others:
A RESOLUTION encouraging the Environmental Protection Division of the Department of Natural Resources to review its regulations providing for the protection of underground drinking water to ensure they are sufficient; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Encouraging the Environmental Protection Division of the Department of Natural Resources to review its regulations providing for the protection of underground drinking water to ensure they are sufficient; and for other purposes.
WHEREAS, certain areas of this state are dependent on the productivity, integrity, and quality of aquifers underlying those areas for the purpose of providing a clean and reliable water supply and such water supply supports local economies and is superior to alternatives in terms of both cost and reliability; and
WHEREAS, there is significant state interest in the maintenance of clean and reliable water supply for all areas of the state, requiring assessment of all available water supply options; and
WHEREAS, one option that has been discussed is aquifer storage and recovery, the process of storing surface water in aquifers for later recovery for water supply or other uses or the process of moving water among aquifers for water supply or other uses; and
WHEREAS, concerns have been expressed about the potential for negative impacts of aquifer storage and recovery to the state's aquifers in the absence of protective regulations; and
622
JOURNAL OF THE HOUSE
WHEREAS, the General Assembly recognizes that the Board of Natural Resources has already adopted regulations that are applicable to aquifer storage and recovery.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body encourage the Environmental Protection Division of the Department of Natural Resources to review its current regulations as they relate to aquifer storage and recovery to ensure that they are sufficient to provide for the protection and preservation of the state's aquifers, to revise such regulations when necessary, and to consider the availability of other water supply sources in the permitting of any potential aquifer storage and recovery project.
BE IT FURTHER RESOLVED that the Environmental Protection Division is urged to issue a report detailing its review of current regulations relating to aquifer storage and recovery to the Board of Natural Resources no later than June 30, 2017.
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 the Governor of Georgia and the director of the Environmental Protection Division of the Department of Natural Resources.
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 Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh E 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 Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
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 E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT
THURSDAY, FEBRUARY 11, 2016
623
Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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
Yates Ralston, Speaker
On the adoption of the Resolution, by substitute, the ayes were 161, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HB 822. By Representatives Coomer of the 14th, Powell of the 171st, Smyre of the 135th, Epps of the 144th, Clark of the 101st 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 sales and use tax, so as to provide for a change in a definition; 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 N Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh E Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Ealum
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Y Smith, L E 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 E Taylor, T Y Teasley
624
JOURNAL OF THE HOUSE
Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y 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 N Frye Y Gardner N Gasaway Y Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Harden
Y Jordan Y Kaiser Y Kelley E Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT 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 154, nays 10.
The Bill, having received the requisite constitutional majority, was passed.
HB 821. By Representatives Williams of the 168th, Frazier of the 126th, Smith of the 134th, Yates of the 73rd, Abrams of the 89th 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 applicable to professions and businesses, so as to require professional licensing boards and other boards to adopt rules and regulations implementing a process by which military spouses and transitioning service members may qualify for temporary licenses, licenses by endorsement, expedited licenses, or a combination thereof for each profession, business, or trade for which a license is issued; 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 Atwood Y Ballinger E Barr Y Battles
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh E Dempsey Y Dickerson
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y Pak
Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
THURSDAY, FEBRUARY 11, 2016
625
E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, 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
VACANT 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
626
JOURNAL OF THE HOUSE
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 pools that are part of a condominium association, townhome, or timeshare from certain regulatory requirements; to authorize inspection requests to the county board of health by residents or owners; to allow those pools which are part of a condominium association, townhome, or timeshare to be governed in accordance with state law rather than local ordinances; 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 45 of Title 31 of the Official Code of Georgia Annotated, relating to health and public swimming pools, is amended by revising Code Section 31-45-3, relating to definitions, as follows:
"31-45-3. As used in this chapter, the term 'public swimming pool,' 'swimming pool,' or 'pool' means any structure, chamber, or tank containing an artificial body of water used by the open to the general public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, or motel pools and any pool to which access is granted in exchange for payment of a daily fee. This chapter shall not apply to The term shall not include a private pool or hot tub serving a single-family dwelling and used only by the residents of the dwelling and their guests. This chapter also shall not apply to apartment complex pools, country club pools, subdivision pools which are open only to residents of the subdivision and their guests The term shall also not include pools serving a country club, subdivision, apartment complex, condominium association, townhome, or timeshare which are open only to residents or members thereof and their guests, therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist, therapeutic chambers drained, cleaned, and refilled after each individual use, or to religious ritual baths used solely for religious purposes; provided, however, that such term shall include such pools serving a country club, subdivision, condominium association, townhome, or timeshare for purposes of regulations promulgated pursuant to this chapter relating to minimum construction standards."
SECTION 2. Said chapter is further amended by revising Code Section 31-45-12, relating to inspection of unregulated pools, as follows:
"31-45-12. Notwithstanding any provision of Code Section 31-45-13 regarding the applicability of this chapter to the contrary, a resident, member, or owner of an apartment complex, country club, subdivision, condominium association, townhome, or timeshare that is not
THURSDAY, FEBRUARY 11, 2016
627
subject to regulation under this chapter or local ordinance may request that the county board of health inspect a pool at such apartment complex common area pool located therein. Upon receipt of such a request, the county board of health shall have the authority to inspect such pool at any reasonable time and in a reasonable manner and issue a report on the condition of such pool to such owner and to the requesting party, if other than such owner; provided, however, that such report shall be for informational purposes only and no fines, fees, charges, or other penalties, monetary or otherwise, shall be assessed with regard to the inspection or report."
SECTION 3. Said chapter is further amended by revising Code Section 31-45-13, relating to applicability of the chapter, as follows:
"31-45-13. (a) The Except as provided in subsection (b) of this Code section, the provisions of this chapter shall not apply only in those counties where local rules and regulations governing public swimming pools are not were in effect on December 31, 2000. Nothing in this chapter shall be construed to limit the authority of a county to adopt an ordinance or resolution regarding public swimming pools that applies to apartment complex pools.
(b)(1) Any country club, subdivision, condominium association, townhome, or timeshare within a county generally exempted from this chapter under subsection (a) of this Code section may instead elect to be governed solely under the provisions of this chapter by providing written notice to the department and the county board of health. (2) Such election shall be effective until the department and county board of health receive written notice of rescission from such country club, subdivision, condominium association, townhome, or timeshare; provided, however, that each such election or rescission shall be effective for not less than one year. Upon rescission, the country club, subdivision, condominium association, townhome, or timeshare shall be governed by applicable local ordinances. (3) The department shall promulgate rules and regulations necessary to administer and enforce this subsection in an efficient and effective manner."
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:
628
JOURNAL OF THE HOUSE
N Abrams Y Alexander
Allison Y Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas
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 E 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 N Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan N Kaiser Y Kelley E Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Metze
Y Mitchell Y Morris Y Mosby E Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E N Trammell Y Turner
VACANT E Waites Y Watson N 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 152, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 769. By Representatives Hawkins of the 27th, Rogers of the 29th, Houston of the 170th, Dunahoo of the 30th, Jones of the 167th 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 make permanent an exemption from ad valorem taxation for certain watercraft held in inventory for sale or resale; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
THURSDAY, FEBRUARY 11, 2016
629
The report of the Committee, which was favorable to the 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 Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Cooke
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley E Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby E Nimmer Y Nix
Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT 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
Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, FEBRUARY 11, 2016
630
JOURNAL OF THE HOUSE
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
Structured Rule
HB 757
Domestic relations; religious officials shall not be required to perform marriage ceremonies in violation of their legal right; provide (Substitute)(Judy-Tanner-9th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 757. By Representatives Tanner of the 9th, Nix of the 69th, Battles of the 15th, Powell of the 171st, Hatchett of the 150th and others:
A BILL to be entitled an Act to protect religious freedoms; to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that religious officials shall not be required to perform marriage ceremonies in violation of their legal right to free exercise of religion; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to days of rest for employees of business and industry; to protect property owners which are religious institutions against infringement of religious freedom; to define a term; 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
THURSDAY, FEBRUARY 11, 2016
631
To protect religious freedoms; to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that religious officials shall not be required to perform marriage ceremonies, perform rites, or administer sacraments in violation of their legal right to free exercise of religion; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to days of rest for employees of business and industry; to protect property owners which are religious organizations against infringement of religious freedom; to define a term; 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 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by adding a new Code section to read as follows:
"19-3-11. (a) No minister of the gospel or cleric or religious practitioner ordained or authorized to solemnize marriages, perform rites, or administer sacraments according to the usages of the denomination, when acting in his or her official religious capacity, shall be required to solemnize any marriage, perform any rite, or administer any sacrament in violation of his or her right to free exercise of religion under the Constitution of this state or of the United States. (b) A refusal by an ordained or authorized person pursuant to subsection (a) of this Code section shall not give rise to a civil claim or cause of action against such person or result in any state action to penalize, withhold benefits from, or discriminate against such person based on such refusal."
SECTION 2. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by revising Code Section 10-1-573, relating to day of rest for employees of business and industry, as follows:
"10-1-573. (a) Any business or industry which operates on either of the two rest days (Saturday or Sunday) and employs those whose habitual day of worship has been chosen by the employer as a day of work shall make all reasonable accommodations to the religious, social, and physical needs of such employees so that those employees may enjoy the same benefits as employees in other occupations. (b) No business or industry shall be required by ordinance or resolution of any county, municipality, or consolidated government to operate on either of the two rest days (Saturday or Sunday)."
SECTION 3. Said chapter is further amended by adding a new article to read as follows:
632
JOURNAL OF THE HOUSE
"ARTICLE 35
10-1-1000. (a) As used in this Code section, the term 'religious organization' means a church, a religious school, an association or convention of churches, a convention mission agency, or an integrated auxiliary of a church or convention or association of churches, when such entity is qualified as an exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. (b) No religious organization shall be required to rent, lease, or otherwise grant permission for property to be used by another person for an event which is objectionable to such religious organization. (c) A refusal by a religious organization pursuant to subsection (b) of this Code section shall not give rise to a civil claim or cause of action against such religious organization or an employee thereof or result in any state action to penalize, withhold benefits from, or discriminate against the religious organization or employee based on such refusal."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y 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 Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett
Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall
Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M.
THURSDAY, FEBRUARY 11, 2016
633
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Cooke
Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Kaiser Y Kelley E Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows Y Metze
Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Thomas, E Y Trammell Y Turner
VACANT E 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, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolutions of the House were read and adopted:
HR 1346. By Representatives Marin of the 96th, Clark of the 101st, Mitchell of the 88th and Coomer of the 14th:
A RESOLUTION recognizing the National Minority Trucking Association; and for other purposes.
HR 1347. By Representatives Cantrell of the 22nd, Teasley of the 37th, Caldwell of the 20th, Turner of the 21st, Carson of the 46th and others:
A RESOLUTION recognizing and commending Mr. Jeremy Law as Cherokee County School District's Teacher of the Year; and for other purposes.
HR 1348. By Representatives Bennett of the 94th, Randall of the 142nd, Hugley of the 136th and Kendrick of the 93rd:
A RESOLUTION recognizing February 15, 2016, as Alpha Kappa Alpha Sorority, Inc., Day at the state capitol; and for other purposes.
HR 1349. By Representatives Cheokas of the 138th, Coomer of the 14th, Burns of the 159th, Meadows of the 5th, Carter of the 175th and others:
634
JOURNAL OF THE HOUSE
A RESOLUTION recognizing February 18, 2016, as the 4th Annual Legislative Fly-In at the state capitol and commending the Georgia Airports Association and its leadership Jim Galloway, Blake Swafford, Jason Pinnix, Kevin Britton, Mike Mathews, and Mario Evans; and for other purposes.
HR 1350. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION honoring the 30th anniversary of the Ivey-Watson baseball field in Gainesville, Georgia; and for other purposes.
HR 1351. By Representatives Dukes of the 154th, Beverly of the 143rd and Randall of the 142nd:
A RESOLUTION recognizing Mrs. Annie Mae Leonard Mitcham and congratulating her on the grand occasion of her 90th birthday; and for other purposes.
HR 1352. By Representatives Rogers of the 29th, Williams of the 119th, Smyre of the 135th, Gasaway of the 28th, Mabra of the 63rd and others:
A RESOLUTION recognizing and commending Justin Walters; and for other purposes.
HR 1353. By Representatives Rogers of the 10th, Ralston of the 7th, McClain of the 100th, Martin of the 49th, England of the 116th and others:
A RESOLUTION recognizing and commending Mr. Scott Woerner upon his induction into the College Football Hall of Fame; and for other purposes.
HR 1354. By Representatives Gravley of the 67th, Powell of the 32nd, Hitchens of the 161st, Hightower of the 68th, Atwood of the 179th and others:
A RESOLUTION commending E-911 directors and personnel and recognizing February 25, 2016, as E-911 Appreciation Day at the state capitol; and for other purposes.
HR 1355. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION recognizing Mr. Adam Shirley as Commerce Middle School's Teacher of the Year and Commerce City School System's Teacher of the Year; and for other purposes.
THURSDAY, FEBRUARY 11, 2016
635
HR 1356. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Ms. Julia Ann Gamble, Commerce High School's 2016 STAR Teacher; and for other purposes.
HR 1357. By Representatives LaRiccia of the 169th, Pirkle of the 155th, Corbett of the 174th, Carter of the 175th, Shaw of the 176th and others:
A RESOLUTION recognizing and commending Ms. JoAnne Lewis on the occasion of her retirement; and for other purposes.
HR 1358. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Ashley Harold, Commerce High School's 2016 STAR Student; and for other purposes.
HR 1359. By Representatives Watson of the 172nd, Powell of the 171st, Houston of the 170th, Rynders of the 152nd, Carter of the 175th and others:
A RESOLUTION commending the Colquitt County Packers football team for winning the 2015 Class AAAAAA State Championship and National Rankings; and for other purposes.
HR 1360. By Representatives Sharper of the 177th, Cooper of the 43rd, Parrish of the 158th, Hawkins of the 27th, Randall of the 142nd and others:
A RESOLUTION recognizing February 22, 2016, as Emergency Medical Services Recognition Day at the state capitol and commending the emergency medical services professionals of Georgia; and for other purposes.
HR 1361. By Representatives Mabra of the 63rd and Sims of the 123rd:
A RESOLUTION honoring the life and memory of Deacon Robert Henderson; and for other purposes.
The following communications were received:
Office of Legislative Counsel General Assembly of Georgia
8 February 2016
636
JOURNAL OF THE HOUSE
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Robert L. Brown, Jr., was reelected as the member of the State Transportation Board from the 4th Congressional District. He will serve for a term expiring April 15, 2021. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am
Respectfully,
/s/ Wayne R. Allen Legislative Counsel
WRA:dd Enclosures
cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable Gloria Butler Honorable Pam Stephenson Honorable Robert L. Brown, Jr. Honorable Russell McMurry Mr. David Cook Mr. Bill Reilly
The General Assembly Atlanta, Georgia 30334
TO:
HONORABLE BRIAN KEMP
SECRETARY OF STATE
This is to certify that Honorable Robert L. Brown, Jr., 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 4th Congressional District for a term expiring April 15, 2021.
THURSDAY, FEBRUARY 11, 2016
637
/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES
The General Assembly State Capitol Atlanta
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 3, 2016 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Robert L. Brown, Jr., was reelected as the member of the State Transportation Board from the 4th Congressional District to serve a term expiring April 15, 2021.
Respectfully submitted,
/s/ Gloria Butler Honorable Gloria Butler Senator, District 55 CHAIRMAN
/s/ Pam Stephenson Honorable Pam Stephenson Representative, District 90 SECRETARY
Office of Legislative Counsel General Assembly of Georgia
8 February 2016
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
638
JOURNAL OF THE HOUSE
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Jeff Lewis was reelected as the member of the State Transportation Board from the 11th Congressional District. He will serve for a term expiring April 15, 2021. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am
Respectfully,
/s/ Wayne R. Allen Legislative Counsel
WRA:dd Enclosures
cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable Paul Battles Honorable Stacy Evans Honorable Jeff Lewis Honorable Russell McMurry Mr. David Cook Mr. Bill Reilly
The General Assembly Atlanta, Georgia 30334
TO:
HONORABLE BRIAN KEMP
SECRETARY OF STATE
This is to certify that Honorable Jeff Lewis 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 11th Congressional District for a term expiring April 15, 2021.
/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES
THURSDAY, FEBRUARY 11, 2016
639
The General Assembly State Capitol Atlanta
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 3, 2016 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jeff Lewis was reelected as the member of the State Transportation Board from the 11th Congressional District to serve a term expiring April 15, 2021.
Respectfully submitted,
/s/ Paul Battles Honorable Paul Battles Representative, District 15 CHAIRMAN
/s/ Stacey Evans Honorable Stacey Evans Representative, District 42 SECRETARY
Representative Burns of the 159th 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. Tuesday, February 16, 2016.
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. Tuesday, February 16, 2016.
640
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Tuesday, February 16, 2016
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 Ballinger Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell E Carson Carter, A Carter, D 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 Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Harden
Harrell E 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 Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Metze Mitchell Morris Mosby Nimmer Nix Pak Parrish Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice 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 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 Bruce of the 61st, Floyd of the 99th, Golick of the 40th, Greene of the 151st, Jordan of the 77th, Oliver of the 82nd, Parsons of the 44th, Pruett of the 149th, Stephenson of the 90th, and Stover of the 71st.
TUESDAY, FEBRUARY 16, 2016
641
They wished to be recorded as present.
Prayer was offered by Bishop Donald E. Battle, Divine Faith Ministries International, Jonesboro, 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 981. By Representatives Harrell of the 106th, Abrams of the 89th, Gardner of the 57th, Kaiser of the 59th, Thomas of the 56th and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to allow certain for profit corporations to participate in the indirect ownership of a home for the mentally disabled for primarily financing purposes; to provide for procedures, conditions, and limitations; to provide for a referendum; to provide for a contingent effective date; to
642
JOURNAL OF THE HOUSE
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.
HB 983. By Representative Powell of the 171st:
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 984. By Representative Powell of the 171st:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 985. By Representative Powell of the 171st:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 986. By Representative Powell of the 171st:
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.
TUESDAY, FEBRUARY 16, 2016
643
HB 987. By Representative Powell of the 171st:
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 988. By Representative Powell of the 171st:
A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to change certain provisions regarding definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 989. By Representative Powell of the 171st:
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 990. By Representative Powell of the 171st:
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 991. By Representative Powell of the 171st:
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.
644
JOURNAL OF THE HOUSE
Referred to the Committee on Ways & Means.
HB 992. By Representative Powell of the 171st:
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 993. By Representative Powell of the 171st:
A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 994. By Representative Powell of the 171st:
A BILL to be entitled an Act to amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 995. By Representative Powell of the 171st:
A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions regarding procedures for sales under tax levies and executions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 996. By Representatives LaRiccia of the 169th, Maxwell of the 17th, Battles of the 15th, Harrell of the 106th, Shaw of the 176th 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
TUESDAY, FEBRUARY 16, 2016
645
recyclers, so as to allow cash payments for regulated metal property subject to certain limitations and requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 997. By Representatives Duncan of the 26th, Buckner of the 137th, Battles of the 15th, Harrell of the 106th, Williamson of the 115th 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 delete an income tax deduction for certain physicians serving as community based faculty physicians; to create a new income tax credit for taxpayers who are licensed physicians, advanced practice registered nurses, or physician assistants who provide uncompensated preceptorship training to medical students, advanced practice registered nurse students, or physician assistant students for certain periods of time; to provide for procedures, conditions, and limitations; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 998. By Representatives Duncan of the 26th, Teasley of the 37th, Raffensperger of the 50th, Harrell of the 106th, Williamson of the 115th 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 state sales and use tax, so as to create a new exemption for temporary storage of certain materials; 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 999. By Representatives Taylor of the 173rd, Cooper of the 43rd, Hawkins of the 27th, Jasperse of the 11th and Clark of the 101st:
A BILL to be entitled an Act to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies, so as to require child welfare agencies licensed in other states to also be licensed in Georgia to engage in placement activities in Georgia; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
646
JOURNAL OF THE HOUSE
Referred to the Committee on Juvenile Justice.
HB 1000. By Representatives Taylor of the 173rd, Harden of the 148th, Stephens of the 164th, Parrish of the 158th and Hawkins of the 27th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide for an annual independent audit of pharmacy benefits managers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 1001. By Representatives McCall of the 33rd, Douglas of the 78th, Ehrhart of the 36th, Stephens of the 164th and Meadows of the 5th:
A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 12 and Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers and liens by pawnbrokers, factors, bailees, acceptors, and depositories, respectively, so as to provide for installment pawn transactions with a fixed term for such transactions involving the pledge of a motor vehicle or a motor vehicle certificate of title as security; to provide for procedures, conditions, and limitations for such pawn transactions; to provide for a definition; to provide for permitted charges, term length, and prepayment of such pawn transactions; to provide for acceleration of such pawn transactions and permitted grace periods; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 1002. By Representatives Fludd of the 64th and Jones of the 62nd:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the electors of the City of College Park regarding airport noise issues; to provide for legislative purpose; to provide for procedures and requirements relating thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1003. By Representatives Ehrhart of the 36th, Evans of the 42nd, Wilkerson of the 38th, Dollar of the 45th, Parsons of the 44th and others:
TUESDAY, FEBRUARY 16, 2016
647
A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, so as to change provisions relating to the membership and terms of office of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1004. By Representatives Jasperse of the 11th, Weldon of the 3rd, Powell of the 32nd, Maxwell of the 17th and Ballinger of the 23rd:
A BILL to be entitled an Act to amend Titles 15 and 44 of the O.C.G.A., relating to courts and property, respectively, so as to provide requirements for maps, plats, and plans to be filed for record; to provide for filing of electronic images of maps, plats, and plans; to provide for delivery of plats to the clerk of superior court; to change certain provisions relating to recordation and notations of plats; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1006. By Representatives Clark of the 98th, Cooper of the 43rd, Hightower of the 68th, LaRiccia of the 169th, Casas of the 107th and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 2 of the O.C.G.A., the "Georgia State Nutrition Assistance Program (SNAP)," so as to require additional information regarding participants for annual reports related to the program; to amend Article 9 of Chapter 4 of Title 49 of the O.C.G.A., the "Temporary Assistance for Needy Families Act," so as to revise the duration of temporary assistance for needy families; to amend Article 1 of Chapter 27 of Title 50 of the O.C.G.A., relating to general provisions relative to lottery for education, so as to provide for monthly reports to the Department of Agriculture and the Department of Human Services and the confidentiality of same; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1007. By Representative Powell of the 171st:
A BILL to be entitled an Act to provide a new charter for the City of Pelham; to provide for incorporation, boundaries, and property of the city; to provide
648
JOURNAL OF THE HOUSE
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 1008. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, 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 May 30, 2003 (Ga. L. 2003, p. 3695), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), an Act approved April 10, 2014 (Ga. L. 2014, p. 4267), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4063), so as to change the salary of the chief deputy clerk and the clerk of the State Court of Cobb County; to change the salary of the chief assistant solicitor 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 1009. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4046), 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 1010. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4048), 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.
TUESDAY, FEBRUARY 16, 2016
649
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1011. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4281), 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1012. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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 April 10, 2014 (Ga. L. 2014, p. 4104), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4284), so as to change the salary of the clerk of the superior court, the deputy clerk, the executive assistant, and the executive secretary; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1013. By Representatives Efstration of the 104th, Dudgeon of the 25th, Casas of the 107th, Stovall of the 74th, Chandler of the 105th 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 extensively revise the Georgia Special Needs Scholarship Program; to revise definitions; to require a signed agreement by parents; to extend the uses for which scholarship funds may be used; to revise requirements for eligibility and participation; to transfer administration of the scholarship program from the Department of Education to the Office of Student
650
JOURNAL OF THE HOUSE
Achievement; to revise provisions relating to scholarship funds; to revise the components of an annual report on the program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 1014. By Representatives Powell of the 171st and 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, computation, and exemptions from state income taxes, so as to extend the sunset date of the existing exemption for donation of real property for conservation use; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1015. By Representatives Dollar of the 45th and Ramsey of the 72nd:
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 tax, so as to provide for a new income tax exemption for qualified music festivals; to provide a short title; to provide for conditions, procedures, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1016. By Representative Bennett of the 80th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, so as to prohibit the mailing of any literature in connection with any political campaign for any public office which clearly advocates the election or defeat of a specific candidate unless such literature bears the name of the person or organization mailing such literature if the mailing is done in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's campaign committee, or their agents, or a political party or body or its agents; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
TUESDAY, FEBRUARY 16, 2016
651
HB 1017. By Representatives Fleming of the 121st, Willard of the 51st, Oliver of the 82nd, Powell of the 171st, Mabra of the 63rd and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the O.C.G.A., the "Georgia Civil Practice Act," so as to change provisions relating to general provisions governing discovery; to amend the Official Code of Georgia Annotated so as to provide for conforming cross-references to include the production of electronically stored information; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 1341. By Representative Smith of the 134th:
A RESOLUTION creating the House Study Committee on Professional Employer Organizations; and for other purposes.
Referred to the Committee on Special Rules.
HR 1342. By Representatives Douglas of the 78th, Mabra of the 63rd, Strickland of the 111th, Belton of the 112th, Wilkerson of the 38th and others:
A RESOLUTION requesting more recess time for school children; and for other purposes.
Referred to the Committee on Education.
HR 1343. By Representatives McCall of the 33rd, England of the 116th, Cooke of the 18th, Holmes of the 129th, Shaw of the 176th and others:
A RESOLUTION encouraging the United States Environmental Protection Agency to withdraw the proposed Waters of the United States Clean Water Plan rule; supporting the comments submitted to the Environmental Protection Agency by thousands of landowners, numerous trade associations, and the Georgia Environmental Protection Division; supporting the leadership and actions of Georgia's Governor and Attorney General in opposing the Clean Water Plan rule; and encouraging the support of actions by Congress to enact legislation delaying implementation of the final Clean Water Plan rule until certain criteria are met; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
652
JOURNAL OF THE HOUSE
HR 1345. By Representatives Caldwell of the 20th, Stephens of the 164th, Harrell of the 106th, Cooke of the 18th, Martin of the 49th and others:
A RESOLUTION creating the House Study Committee on Georgia Craft Brewery and Distillery Competitiveness; and for other purposes.
Referred to the Committee on Special Rules.
HR 1362. By Representatives Price of the 48th, Martin of the 49th, Willard of the 51st and Jones of the 47th:
A RESOLUTION encouraging the Environmental Protection Division of the Department of Natural Resources to study the effects of exposure to crumb rubber surfaces on human health; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 1363. By Representatives Willard of the 51st, Oliver of the 82nd, Weldon of the 3rd, Bennett of the 80th, Stephenson of the 90th and others:
A RESOLUTION creating the House Special Study Committee on Judicial Qualifications Commission Reform; and for other purposes.
Referred to the Committee on Rules.
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 1030. By Representatives Watson of the 172nd, Houston of the 170th, England of the 116th, Corbett of the 174th and LaRiccia of the 169th:
A BILL to be entitled an Act to amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its membership; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
TUESDAY, FEBRUARY 16, 2016
653
HB 968 HB 970 HB 972 HB 974 HB 976 HB 978 HB 980 HB 1005 HR 1326 HR 1344
HB 969 HB 971 HB 973 HB 975 HB 977 HB 979 HB 982 HR 1325 HR 1327 SB 262
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 831 Do Pass, by Substitute
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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 808 Do Pass, by Substitute HR 1113 Do Pass, by Substitute
HB 927 Do Pass, by Substitute SB 255 Do Pass
Respectfully submitted, /s/ Willard of the 51st
Chairman
654
JOURNAL OF THE HOUSE
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 16, 2016
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
Modified Open Rule
HB 561 HB 592 HB 738 HB 882
HB 883 HB 884 HB 885
Adoptable dog; official state dog; designate (GAff-Wilkinson-52nd) Professional engineers and land surveyors; provide profession of professional structural engineer; provisions (RegI-Harrell-106th) Local government; county law libraries; revise uses of excess funds (Substitute)(GAff-Caldwell-131st) Insurance; foreign and alien insurer deposit requirement of securities eligible for investment of capital funds in certain amounts; eliminate (Substitute)(Ins-Taylor-173rd) Insurance; insurers rehabilitation and liquidation; change certain provisions (Substitute)(Ins-Taylor-173rd) Insurance; company action level event to include a health organization with certain total adjusted capital levels; revise definition (Ins-Taylor-173rd) Health; certain counties to create a county board of health and wellness; repeal statute (GAff-Jones-47th)
Modified Structured Rule
HB 34 HB 588
HB 764 HB 798
HB 853
Georgia Right to Try Act; enact (Substitute)(H&HS-Dudgeon-25th) Controlled substances; possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine and restrictions of sale of products containing pseudoephedrine; change provisions (Substitute)(H&HS-Clark-101st) Motor vehicles; drivers to stop at crosswalks with pedestrian-activated rectangular rapid flash beacons; require (Substitute)(PS&HS-Powell-32nd) HOPE; home study students who receive certain scores on standardized college admission tests; provide eligibility (Substitute)(HEd-Chandler105th) "Coverdell-Murphy Act"; update current system of levels of certified stroke centers to reflect advances in stroke treatments and therapy; provisions (Substitute)(H&HS-Hawkins-27th)
TUESDAY, FEBRUARY 16, 2016
655
HB 871
"Georgia Lemon Law"; consumer fees forwarded to the Department of Law for deposit in the new motor vehicle arbitration account; require (JudyDickey-140th)
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 308. 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 Title 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Positive Alternatives for Pregnancy and Parenting Grant Program; to provide for a purpose; to provide for definitions; to provide for administration and duties; to provide for grant services; to provide criteria; to provide for record maintenance and reporting; to provide for reports to the General Assembly; to provide for funding; to provide for redesignation of certain Code provisions and conforming changes; to expand authorized expenditure of contributed funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 339. By Senator Parent of the 42nd:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from certain City of Decatur ad valorem taxes, 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.
656
JOURNAL OF THE HOUSE
SB 340. By Senator Parent of the 42nd:
A BILL to be entitled an Act to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, 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); to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 341. By Senator Parent of the 42nd:
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.
SB 342. By Senator Parent of the 42nd:
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.
SB 343. By Senator Parent of the 42nd:
A BILL to be entitled an Act to provide a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district 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
TUESDAY, FEBRUARY 16, 2016
657
referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 735. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act creating the Stewart County Water and Sewerage Authority, approved March 24, 1988 (Ga. L. 1988, p. 4498), so as to revise method of membership appointments; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 799. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act to provide for a new charter for the City of Hoschton, Georgia, approved April 24, 2013 (Ga. L. 2013, p. 3539), so as to provide for the manner of election of the mayor and councilmembers; 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 308. 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 Title 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Positive Alternatives for Pregnancy and Parenting Grant Program; to provide for a purpose; to provide for definitions; to provide for administration and duties; to provide for grant services; to provide criteria; to provide for record maintenance and reporting; to provide for reports to the General Assembly; to provide for funding; to provide for redesignation of certain Code provisions and conforming changes; to expand authorized expenditure of contributed funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
658
JOURNAL OF THE HOUSE
SB 339. By Senator Parent of the 42nd:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from certain City of Decatur ad valorem taxes, 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.
SB 340. By Senator Parent of the 42nd:
A BILL to be entitled an Act to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, 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); 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.
SB 341. By Senator Parent of the 42nd:
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.
TUESDAY, FEBRUARY 16, 2016
659
SB 342. By Senator Parent of the 42nd:
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.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 343. By Senator Parent of the 42nd:
A BILL to be entitled an Act to provide a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district 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.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Kaiser of the 59th, Jordan of the 77th et al., Epps of the 144th et al., Cooper of the 43rd, LaRiccia of the 169th et al., Stovall of the 74th, Smith of the 125th, Beasley-Teague of the 65th, Stephens of the 164th et al., Waites of the 60th, Nix of the 69th, Buckner of the 137th, Coleman of the 97th, Golick of the 40th, and Dickerson of the 113th.
Pursuant to HR 1357, the House recognized and commended Ms. JoAnne Lewis on the occasion of her retirement.
Pursuant to HR 1219, the House commended Mr. Grady Jarrett.
Pursuant to HR 1221, the House commended Mr. Akeem Hunt.
660
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 885. By Representatives Jones of the 47th, Price of the 48th, Beskin of the 54th, Raffensperger of the 50th, Willard of the 51st and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to repeal a statute relating to the option for certain counties to create a county board of health and wellness by ordinance; to provide for an effective date; to provide for transition to county boards of health; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D
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 N Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd N Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick
Y Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra Y Marin Y Martin Y Maxwell Y Mayo
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish
Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler
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 N Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
TUESDAY, FEBRUARY 16, 2016
661
Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gordon Y Gravley Y Greene Y Harden
Y McCall N McClain Y Meadows N Metze
N Sharper Y Shaw Y Sims Y Smith, E
N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 151, nays 17.
The Bill, having received the requisite constitutional majority, was passed.
HB 882. By Representatives Taylor of the 173rd, Smith of the 134th, Atwood of the 179th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to eliminate the foreign and alien insurer deposit requirement of securities eligible for the investment of capital funds in certain amounts at the discretion of the Commissioner; to provide for the elimination of newspaper publication by insurers of certain financial information and to provide proof of such publication to the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to eliminate the foreign and alien insurer deposit requirement of securities eligible for the investment of capital funds in certain amounts at the discretion of the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, is amended by revising Code Section 33-3-9, relating to requirement of additional deposits of securities by foreign and alien insurers, as follows:
"33-3-9. (a) In addition to the deposit required by Code Section 33-3-8, each foreign and alien insurer shall deposit with the Commissioner securities eligible for the investment of capital funds in an amount not less than $10,000.00 nor more than $25,000.00 at the
662
JOURNAL OF THE HOUSE
discretion of the Commissioner. This deposit and the deposit required by paragraph (1) of subsection (b) of Code Section 33-3-8 shall be administered as provided in Chapter 12 of this title. Deposits under this Code section shall be held for the protection of the insurer's policyholders in Georgia and others in Georgia entitled to the proceeds of its policies. (b) On and after July 1, 1967, in those instances in which the Commissioner in his or her judgment shall deem it to be in the best interests of the citizens of this state, no certificate of authority shall be issued by the Commissioner to any foreign and alien insurer nor shall any certificate of authority be renewed for any such insurer unless said such insurer shall deposit with the Commissioner, in addition to those requirements provided for in subsection (a) of this Code section, securities eligible for the investment of capital funds in such amount as the Commissioner shall require. ; but in no event shall he require a deposit of additional securities which would bring the aggregate total of such securities required by this Code section to be on deposit to exceed $100,000.00. Such additional deposits This deposit and the deposit required by paragraph (1) of subsection (b) of Code Section 33-3-8 shall be administered as provided for in this subsection Chapter 12 of this title. ; provided, however, such additional deposits shall not apply to foreign and alien life insurers. Deposits under this Code section shall be held for the protection of the insurer's policyholders in this state and others in this state entitled to the proceeds of its policies."
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 Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon 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 Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum
Y Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish
Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
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
TUESDAY, FEBRUARY 16, 2016
663
Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Metze
Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT 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.
HB 871. By Representatives Dickey of the 140th, Rogers of the 10th and Nimmer of the 178th:
A BILL to be entitled an Act to amend Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to consumer fees collected to implement Article 28 of Chapter 1 of Title 10, the "Georgia Lemon Law," so as to require consumer fees to be forwarded to the Department of Law for deposit in the new motor vehicle arbitration account; 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 Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake
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
664
JOURNAL OF THE HOUSE
Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows Y Metze
Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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
VACANT 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 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 738. By Representatives Caldwell of the 131st, Welch of the 110th, Dickerson of the 113th and Kelley of the 16th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise the uses of excess funds by a county law library; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, and Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise the procedure for collecting law library fees; to revise the composition of the board of trustees; to revise the
TUESDAY, FEBRUARY 16, 2016
665
uses of excess funds by a county law library; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by revising subsection (b) of Code Section 15-6-77, relating to fees and construction of other fee provisions, as follows:
"(b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect pursuant to Code Section 3615-9 and Code Section 15-6-77.4. The sums provided in this Code section are exclusive of costs for service of process or other additional sums as may be provided by law."
SECTION 2. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by revising Code Section 36-15-1, relating to board of trustees created in each county, composition, chairperson, and quorum, as follows:
"36-15-1. There is created in each county in this state a board to be known as the board of trustees of the county law library, hereafter referred to as the board. The board shall consist of the chief judge of the superior court of the circuit in which the county is located,; the judge of the probate court,; the senior judge of the state court, if any,; the district attorney of the circuit in which the county is located; a solicitor-general of the state court, if any,; the clerk of the superior court,; and two practicing attorneys of the county. The practicing attorneys shall be selected by the other trustees and shall serve at their pleasure. All of the trustees shall serve without pay. The chief judge of the superior court shall be chairperson of the board. A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board."
SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 36-15-7, relating to use of funds, as follows:
"(c) In the event the board of trustees determines in its discretion that it has excess funds, such funds as may be designated by the board of trustees shall be disbursed by the board of trustees in either of the following manners:
(1) Granted granted to charitable tax exempt tax-exempt organizations which provide civil legal representation for low-income people; or (2) Used to purchase software, equipment, fixtures, or furnishings for any office related to county judicial facilities or services, including, but not limited to,
666
JOURNAL OF THE HOUSE
courtrooms and jury rooms; provided, however, that the county commissioners are given a copy of the receipts for such purchases. Any remaining Upon the determination by the board of trustees that there are excess funds, such excess funds shall be turned over to the county commissioners, and said funds and upon being turned over shall be used by the county commissioners for the purchase of software, equipment, fixtures, or and furnishings for the courthouse."
SECTION 4.
Said chapter is further amended by revising subsection (f) of Code Section 36-15-9, relating to collection of additional costs in court cases, amount, determination of need as prerequisite to collection, and collection in certain criminal cases, as follows:
"(f) The sums provided for in subsection (a) of this Code section for actions, cases, or proceedings civil in nature which are filed in the superior courts shall be collected in accordance with the provisions of subsection (b) of Code Section 15-6-77 Reserved."
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 Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway 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 Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick
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
TUESDAY, FEBRUARY 16, 2016
667
Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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 Fludd Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Trammell Y Turner
VACANT 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 853. By Representatives Hawkins of the 27th, Cooper of the 43rd, Beverly of the 143rd, Weldon of the 3rd, Randall of the 142nd and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the "Coverdell-Murphy Act," so as to update the current system of levels of certified stroke centers to reflect advances in stroke treatment and therapy; to authorize the Department of Public Health to establish additional levels; to provide for national certification; to provide for rules and regulations to implement the provisions of this Act; 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 11 of Title 31 of the Official Code of Georgia Annotated, relating to the "Coverdell-Murphy Act," so as to update the current system of levels of certified stroke centers to reflect advances in stroke treatment and therapy; to authorize the Department of Public Health to establish additional levels; to provide for national certification; to provide for rules and regulations to implement the provisions of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
668
JOURNAL OF THE HOUSE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the "Coverdell-Murphy Act," is amended as follows:
"ARTICLE 6
31-11-110. The General Assembly finds and declares that:
(1) The rapid identification, diagnosis, and treatment of stroke can save the lives of stroke victims patients and in some cases can reverse neurological damage such as paralysis and speech and language impairments, leaving stroke victims patients with few or no neurological deficits; (2) Despite significant advances in diagnosis, treatment, and prevention, stroke is the third fifth leading cause of death and the biggest number one cause of disability in this country; an estimated 700,000 to 750,000 800,000 new and recurrent strokes occur each year in this country and with the aging of the population, the number of persons who have strokes is projected to increase; (3) Although new treatments are available to improve the clinical outcomes of stroke, many acute care hospitals often face challenges in obtaining staff and equipment required to optimally triage and treat stroke patients, including the provision of optimal, safe, and effective emergency care for these patients; (4) Although the Georgia Coverdell Acute Stroke Registry currently exists within the Department of Public Health as a program whose purpose is to increase improvement of the quality of acute stroke care through collaborative efforts with participating hospitals in this state, less than one-third of Georgia's hospitals are currently enrolled in the program. Therefore increased participation in and funding of this program in conjunction with the adherence to the tenets of this article would have profound effects on the quality of care for acute stroke victims patients in this state; (5) An effective system to support stroke survival is needed in our communities in order to treat stroke victims patients in a timely manner and to improve the overall treatment of stroke victims patients in order to increase survival and decrease the disabilities associated with stroke. There is a public health need for acute care hospitals in this state to establish stroke centers to ensure the rapid triage, diagnostic evaluation, and treatment of patients suffering a stroke; (6) Two At least three levels of stroke centers should be established for the treatment of acute stroke:
(A) Comprehensive stroke centers should be established in hospitals to provide complete and specialized care to patients who experience the most complex strokes, which require specialized testing, highly technical procedures, and other interventions and to provide education and guidance to primary and remote treatment stroke centers;
TUESDAY, FEBRUARY 16, 2016
669
(B) Primary stroke centers should be established in as many acute care hospitals as possible to evaluate, stabilize, and provide or arrange for treatment, care, and rehabilitative services to patients diagnosed with acute stroke; and (B)(C) Because access to stroke care is limited in the rural areas of the state due to the limited availability of professional specialists, high-tech imaging equipment, and transportation services, remote Remote treatment stroke centers should be established to evaluate, stabilize, and provide treatment to patients diagnosed with acute stroke in rural portions and other underserved areas of the state, because access to stroke care is limited in these areas due to the limited availability of professional specialists, high-tech imaging equipment, and transportation services; (7) Coordination between primary stroke centers and remote treatment stroke centers should be encouraged through the establishment of coordinated stroke care agreements between primary stroke centers and remote treatment stroke centers; and (8) Therefore, it is in the best interest of the residents of this state to establish a program to identify certified stroke centers throughout the state, to provide specific patient care and support services criteria that stroke centers must meet in order to ensure that stroke victims patients receive safe and effective care, and to provide financial support to acute care hospitals to encourage them to develop stroke centers in all areas of the state. Further, it is in the best interest of the people of this state to modify the state's emergency medical response system to assure that stroke victims patients may be quickly identified and transported to and treated in facilities that have specialized programs for providing timely and effective treatment for stroke victims patients.
31-11-111. As used in this article, the term 'department' means the same state agency or state board which regulates emergency medical services personnel and providers pursuant to this chapter.
31-11-112. (a) The department shall identify hospitals that meet the criteria set forth in this article as comprehensive, primary, or remote treatment stroke centers. In addition, the department shall be authorized to establish one or more additional levels of stroke centers, in consultation with the Georgia Coverdell Acute Stroke Registry, as necessary based on advancements in medicine and patient care. (b) A hospital shall apply to the department for such identification and shall demonstrate to the satisfaction of the department that the hospital meets the applicable criteria set forth in or established in accordance with Code Section 31-11-113. (c) The department shall identify as many hospitals as primary or remote treatment stroke centers as apply for the identification, provided that each applicant meets the applicable criteria set forth in Code Section 31-11-113 or established by the department. (d) The department may suspend or revoke a hospital's identification as a
670
JOURNAL OF THE HOUSE
primary or remote treatment stroke center, after notice and hearing, if the department determines that the hospital is not in compliance with the requirements of this article.
31-11-113. (a) A hospital identified as a comprehensive or primary stroke center shall be certified as such by a nationally recognized national health care accreditation body recognized by the department. Any hospital wishing to receive official identification under this Code section must subsection shall submit a written application to the department, providing adequate documentation of the hospital's valid certification as a comprehensive or primary stroke center by the commission any such national health care accreditation body. (b) Remote treatment stroke centers shall be certified and identified by the department either by certification as an acute stroke-ready hospital by a national health care accreditation body recognized by the department or through an application process to be determined by the department. Said application process shall contain, at minimum, the following requirements:
(1) Remote treatment stroke center certifications and identifications by the department are limited to those hospitals that utilize current and acceptable telemedicine protocols relative to acute stroke treatment as defined by the department; (2) Upon receipt of complete and proper application for certification as a remote treatment stroke center, the department shall schedule and conduct an inspection of the applicant's facility no later than 90 days after receipt of application; and (3) Any hospital, upon certification by the department as a remote treatment stroke center, shall automatically be identified as a remote treatment stroke center and shall be added to the list of such hospitals as defined in maintained pursuant to subsection (a) of Code Section 31-11-115. (c) Any additional levels of stroke centers established by the department pursuant to subsection (a) of Code Section 31-11-112 shall be certified by the department in accordance with any criteria and guidelines established by the department in rules and regulations. (c)(d) Primary Comprehensive and primary stroke centers are encouraged to coordinate, through agreement, with remote treatment stroke centers throughout the state to provide appropriate access to care for acute stroke patients. The coordinating stroke care agreements shall be in writing and include at minimum: (1) Transfer agreements for the transport and acceptance of all stroke patients seen by the remote treatment stroke center for stroke treatment therapies which the remote treatment stroke center is not capable of providing; and (2) Communication criteria and protocols with the remote treatment stroke centers.
31-11-114. (a) In order to encourage and ensure the establishment of stroke centers throughout the state, the department shall award grants, subject to appropriations from the General Assembly, to hospitals that seek identification as remote treatment stroke centers and
TUESDAY, FEBRUARY 16, 2016
671
demonstrate a need for financial assistance to develop the necessary infrastructure, including personnel and equipment, in order to satisfy the criteria for identification as a remote treatment stroke center pursuant to subsection (b) of Code Section 31-11-113. (b) A hospital seeking identification as a remote treatment stroke center pursuant to this article may apply to the department for a grant, in a manner and on a form required by the department, and provide such information as the department deems necessary to determine if the hospital is eligible for the grant. (c) The department may provide grants to as many hospitals as it deems appropriate, subject to appropriations, taking into consideration adequate geographic diversity with respect to locations. (d) The department shall, not later than September 1, 2009, annually prepare and submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives, and the chairpersons of the House Committee on Health and Human Services and the Senate Health and Human Services Committee for distribution to its committee members a report indicating, as of June 30, 2009, the total number of hospitals that have applied for grants pursuant to this Code section, the number of applicants that have been determined by the department to be eligible for such grants, the total number of grants to be awarded, the name and address of each grantee hospital, the amount of the award to each grantee, and the amount of each award to be disbursed to the grantee, and whether or not, in the opinion of the department, each grantee would be able to attain identification as a remote treatment stroke center pursuant to subsection (b) of Code Section 31-11-113.
31-11-115. (a) Beginning June 1, 2009, and each year thereafter, the department shall send the a list of comprehensive, primary, and remote treatment, and other level stroke centers identified pursuant to Code Section 31-11-113 to the medical director of each licensed emergency medical services provider in this state, shall maintain a copy of the list in the office designated with the department to oversee emergency medical services, and shall post a list of comprehensive, primary, and remote treatment, and other level stroke centers on the department's website. (b) The department shall adopt or develop a sample stroke triage assessment tool. The department shall post this sample assessment tool on its website and distribute a copy of the sample assessment tool to each licensed emergency medical services provider no later than December 31, 2008. Each licensed emergency medical services provider shall use a stroke triage assessment tool that is substantially similar to the sample stroke triage assessment tool provided by the department. (c) The office designated within the department to oversee emergency medical services shall establish protocols related to the assessment, treatment, triage, and transport of stroke patients, including transport to the appropriate level stroke centers, by licensed emergency medical services providers in this state.
672
JOURNAL OF THE HOUSE
31-11-116. (a) In order to assure that the patients are receiving the appropriate level of care and treatment at each primary level of stroke center in the state, each hospital identified as a primary stroke center shall annually report the following information, as specified by the department in its rules and regulations, to the department:.
(1) The number of patients evaluated; (2) The number of patients receiving acute interventional therapy; (3) The amount of time from patient presentation to delivery of acute interventional therapy; (4) Patient length of stay; (5) Patient functional outcome; (6) Patient morbidity; (7) Deep vein thrombosis prophylaxis given; (8) Number of patients discharged on antiplatelet or antithrombotics medication; (9) Number of patients with atrial fibrillation receiving anticoagulation therapy; (10) Patients on which the administration of tissue plasminogen activator was considered; (11) Antithrombotic medication administered within 48 hours of hospitalization; (12) Number of lipid profiles ordered during hospitalization; (13) Number of screens for dysphagia performed; (14) Stroke education provided; (15) Number of smoking cessation programs provided or discussed; (16) The number of patients assessed for rehabilitation and whether a plan for rehabilitation was considered; (17) The number of emergency medical services stroke patients who were transported to the facility; (18) The number of emergency medical services stroke patients who were admitted to the facility; (19) The number and percentage of stroke cases treated with intravenous or intraarterial tissue plasminogen activator; and (20) The number of patients discharged on cholesterol reducing medication. (b) In order to assure that the patients are receiving the appropriate level of care and treatment at each remote treatment stroke center in the state, each hospital identified as a remote treatment stroke center shall annually report the following information to the department: (1) The number of patients evaluated; (2) The number of patients receiving acute interventional therapy; (3) The amount of time from patient presentation to delivery of acute interventional therapy; (4) Patient length of stay; (5) The number of emergency medical services stroke patients who were transported to the facility;
TUESDAY, FEBRUARY 16, 2016
673
(6) The number of emergency medical services stroke patients who were admitted to the facility; and (7) The number and percentage of stroke cases treated with intravenous or intraarterial tissue plasminogen activator. (c)(b) The department shall collect the information reported pursuant to subsections (a) and (b) subsection (a) of this Code section and shall post such information in the form of a report card annually on the department's website and present such report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The results of this report card may be used by the department to conduct training with the identified facilities regarding best practices in the treatment of stroke. (d)(c) In no way shall this article be construed to require disclosure of any confidential information or other data in violation of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.
31-11-117. This article shall not be construed to be a medical practice guideline and shall not be used to restrict the authority of a hospital to provide services for which it has received a license under state law. The General Assembly intends that all patients be treated individually based on each patient's needs and circumstances.
31-11-118. A hospital may not advertise to the public, by way of any medium whatsoever, that it is identified by the state as a comprehensive, primary, or remote treatment, or other level stroke center unless the hospital has been identified as such by the department pursuant to this article.
31-11-119. The department shall be authorized to promulgate rules and regulations to carry out the purposes of this article."
SECTION 2. The department shall begin the rulemaking process to effect the provisions of this Act no later than June 30, 2016.
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.
674
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice 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 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 798. By Representatives Chandler of the 105th, Teasley of the 37th, Stovall of the 74th, Dudgeon of the 25th, Barr of the 103rd 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 for eligibility for Zell Miller
TUESDAY, FEBRUARY 16, 2016
675
Scholarships for home study students who receive certain scores on standardized college admission tests; to revise eligibility requirements for HOPE scholarships for entering freshmen students who are home study students regarding scores on standardized college admission tests; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following substitute was read:
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 for eligibility for Zell Miller Scholarships for home study students and students graduating from ineligible high schools who receive certain scores on standardized college admission tests; to revise eligibility requirements for HOPE scholarships for entering freshmen students who are home study students or students who graduated from ineligible high schools regarding scores on standardized college admission tests; 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 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended in Code Section 20-3-519, relating to definitions, by revising paragraph (27) as follows:
"(27) 'Zell Miller Scholarship Scholar' means a student who has met the applicable eligibility requirements to receive a HOPE scholarship in accordance with Code Section 20-3-519.2 and:
(A) As an incoming freshman: (i) Having graduated from an eligible high school with a grade point average of at least 3.7 calculated in accordance with Code Section 20-2-157 and having received a score of at least 1,200 in the eightieth percentile or higher on the ACT or on the combined critical reading score and math score portions on a single administration of the SAT or an ACT composite scale score of at least 26; (ii) Having graduated from an eligible high school as a valedictorian or salutatorian; or (iii) Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 or having graduated from a high school which is not an eligible high school, having received a score in the ninety-third percentile or higher on the ACT or on the combined critical reading and math portions on a single administration of the SAT; or
676
JOURNAL OF THE HOUSE
(iii)(iv) Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 or having graduated from a high school which is not an eligible high school, having received a score of at least 1,200 in the eightieth percentile or higher on the ACT or on the combined critical reading score and math score portions on a single administration of the SAT or an ACT composite scale score of at least 26, and earning a cumulative grade point average of at least 3.3 at an eligible postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive scholarship for such student's freshman year to be paid at the end of the freshman year; and (B) As a sophomore, junior, senior, or first professional student who met the requirements of subparagraph (A) of this paragraph, having a cumulative grade point average of at least 3.3 at the checkpoints set forth in paragraph (1) of subsection (b) of Code Section 20-3-519.2. Notwithstanding the foregoing, a student who entered an eligible postsecondary institution as a freshman between July 1, 2007, and June 30, 2011, and met the requirements of subparagraph (A) of this paragraph may become a Zell Miller Scholarship Scholar as a sophomore, junior, senior, or first professional student. A student who loses eligibility to be a Zell Miller Scholarship Scholar for any reason may regain eligibility one time if the student requalifies at one of the checkpoints set forth in paragraph (1) of subsection (b) of Code Section 20-3-519.2."
SECTION 2. Said part is further amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, by revising subsection (a) as follows:
"(a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible postsecondary institution shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1:
(1) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of Code Section 202-157; (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (c) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a
TUESDAY, FEBRUARY 16, 2016
677
cumulative grade point average of at least 3.0 at an eligible postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (C) In the case of an otherwise qualified student who: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 but received the general educational development (GED) diploma awarded by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, after June 30, 1993; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school; or (iii) Graduated from a high school which is not an eligible high school, earning a score in the eightieth seventy-fifth percentile or higher nationally on a standardized college admission test, such as the SAT or ACT; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Jones of the 47th and Chandler of the 105th moves to amend the House Committee on Higher Education substitute to HB 798 (LC 33 6388S) by striking lines 20 through 22 and inserting in lieu thereof the following: a score of at least 1,200 in the eightieth percentile or higher on the ACT, on the combined critical reading score and math score portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016 or an ACT composite scale score of at least 26;
By striking lines 28 and 29 and inserting in lieu thereof the following: on the ACT, on the combined critical reading and math portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016; or
678
JOURNAL OF THE HOUSE
By striking lines 33 and 34 and inserting in lieu thereof the following: eightieth percentile or higher on the ACT, on the combined critical reading score and math score portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016 or an ACT composite
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Frazier N Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice 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 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 Y Turner
VACANT 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
TUESDAY, FEBRUARY 16, 2016
679
On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Speaker announced the House in recess until 1:00 o'clock, this afternoon.
680
JOURNAL OF THE HOUSE
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 1368. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Jack Harrington Elrod, Jr.; and for other purposes.
HR 1369. By Representatives Willard of the 51st, Hitchens of the 161st, Lumsden of the 12th, Atwood of the 179th and Fleming of the 121st:
A RESOLUTION recognizing the Georgia Law Enforcement Certification Program and commending the commitment to excellence on the part of the employees of state certified law enforcement agencies; and for other purposes.
HR 1370. By Representative Werkheiser of the 157th:
A RESOLUTION honoring the life and memory of Edsel "Eddie" Coy Durrence, Jr.; and for other purposes.
HR 1371. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION commending the Elebots robotics team of Gainesville Exploration Academy; and for other purposes.
HR 1372. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION commending the Trunks and Robopachyderms robotics teams from Gainesville Middle School; and for other purposes.
HR 1373. By Representatives Teasley of the 37th, Evans of the 42nd, Smith of the 41st, Reeves of the 34th, Coomer of the 14th and others:
A RESOLUTION recognizing and commending Lockheed Martin for delivering its 2,500th C-130 Hercules; and for other purposes.
TUESDAY, FEBRUARY 16, 2016
681
HR 1374. By Representatives Mabra of the 63rd and Fludd of the 64th:
A RESOLUTION recognizing Flint Ridge Baptist Church on the grand occasion of their 150th anniversary; and for other purposes.
HR 1375. By Representative Waites of the 60th:
A RESOLUTION honoring the life, contributions, and memory of Asa Grant Hilliard III; and for other purposes.
HR 1376. By Representatives Nix of the 69th, Stephens of the 164th, Holmes of the 129th, Hightower of the 68th, Ramsey of the 72nd and others:
A RESOLUTION recognizing the Georgia Association of Chamber of Commerce Executives on the occasion of its 100th anniversary; and for other purposes.
HR 1377. By Representative Jones of the 62nd:
A RESOLUTION congratulating Mr. Om Parkash upon the grand occasion of his 70th birthday; and for other purposes.
HR 1378. By Representatives Coleman of the 97th, Greene of the 151st, Kaiser of the 59th, Dudgeon of the 25th, Clark of the 101st and others:
A RESOLUTION commending the School Social Workers Association of Georgia, Inc., for its work; and for other purposes.
HR 1379. By Representatives Nix of the 69th, Brockway of the 102nd, Pezold of the 133rd, Trammell of the 132nd, Kaiser of the 59th and others:
A RESOLUTION recognizing February 17, 2016, as Georgia Automatic Merchandising Council (GAMC) Day at the capitol; and for other purposes.
HR 1380. By Representatives Dickey of the 140th and Caldwell of the 131st:
A RESOLUTION commending Mr. William F. Harris; and for other purposes.
HR 1381. By Representatives Coleman of the 97th, Greene of the 151st, Clark of the 101st, Kaiser of the 59th, Dudgeon of the 25th and others:
682
JOURNAL OF THE HOUSE
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and the Georgia Association of Educational Leaders (GAEL) and recognizing February 16, 2016, as PAGE and GAEL Day at the state capitol; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 764. By Representatives Powell of the 32nd, Frye of the 118th, Quick of the 117th, Williams of the 119th, 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 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 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
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to require drivers of motor vehicles to stop at crosswalks with user-activated rectangular rapid flash beacons; to make it unlawful to activate such devices when there is no intent to cross a roadway; to require drivers of motor vehicles to stop at crosswalks for bicycle riders; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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: "(50.02) 'Rectangular rapid flash beacon' means a user-activated device with amber light emitting diodes (LEDs) that supplement warning signals at unsignalized intersections or mid-block crosswalks. Such devices emit an irregular flash pattern and may be activated by pedestrians or bicycle riders manually by a push button or passively by a detection system. The term shall be interchangeable with LED rapid-flash system, stutter flash, or LED beacons."
TUESDAY, FEBRUARY 16, 2016
683
SECTION 2.
Said title is further amended by revising Code Section 40-6-91, relating to right of way in crosswalks, as follows: "40-6-91. (a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian or bicycle rider to cross the roadway within a crosswalk when the pedestrian or bicycle rider is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian or bicycle rider is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, 'half of the roadway' means all traffic lanes carrying traffic in one direction of travel. (b) The driver of a vehicle shall stop and remain stopped to allow a pedestrian or bicycle rider to cross the roadway within a crosswalk when an approved rectangular rapid flash beacon or similar device has been activated. (c) No pedestrian or bicycle rider shall suddenly leave a curb or other place of safety and walk or run walk, run, or ride into the path of a vehicle which is so close that it is impractical for the driver to yield. No pedestrian or bicycle rider shall manually activate or intentionally cause to be activated a rapid flash beacon or similar device at a crosswalk unless such pedestrian or bicycle rider intends to cross a roadway. (c) (d) Subsection (a) of this Code section shall not apply under the conditions stated in subsection (b) of Code Section 40-6-92. (d) (e) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian or bicycle rider to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T 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 Harrell E Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
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
684
JOURNAL OF THE HOUSE
Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT 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.
HB 883. By Representatives Taylor of the 173rd, Smith of the 134th, Atwood of the 179th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 37 of Title 33 of the O.C.G.A., relating to insurers rehabilitation and liquidation, so as to change certain provisions relating to insurers rehabilitation and liquidation; to change provisions related to reciprocal states and domiciliary liquidators; to provide for the Commissioner to transfer title under his or her control to a domiciliary receiver; to modify certain provisions relating to the rights of nonresident claimants in proceedings against domiciliary insurers; to change certain provisions relating to the rights of resident claimants in proceedings in other states against nondomiciliary insurers; to remove the use of reciprocal in superiority of order of distribution in liquidation proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
TUESDAY, FEBRUARY 16, 2016
685
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 change certain provisions relating to insurers rehabilitation and liquidation; to change provisions related to reciprocal states and domiciliary liquidators; to provide for the Commissioner to transfer title under his or her control to a domiciliary liquidator; to modify certain provisions relating to the rights of nonresident claimants in proceedings against domiciliary insurers; to change certain provisions relating to the rights of resident claimants in proceedings in other states against nondomiciliary insurers; to remove the use of reciprocal in superiority of order of distribution in liquidation proceedings; 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 37 of Title 33 of the Official Code of Georgia Annotated, relating to insurers rehabilitation and liquidation, is amended by revising Code Section 33-37-3, relating to definitions, as follows: "33-37-3. As used in this chapter, the term: (1) 'Ancillary state' means any state other than a domiciliary state. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Creditor' means a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or contingent. (4) 'Delinquency proceeding' means any proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer and any summary proceeding under Code Section 33-37-9. 'Formal delinquency proceeding' means any liquidation or rehabilitation proceeding. (5) 'Doing business' includes any of the following acts, whether effected by mail or otherwise: (A) The issuance or delivery of contracts of insurance to persons resident in this state; (B) The solicitation of applications for such contracts or other negotiations preliminary to the execution of such contracts; (C) The collection of premiums, membership fees, assessments, or other consideration for such contracts; (D) The transaction of matters subsequent to execution of such contracts and arising out of them; or (E) Operating under a license or certificate of authority, as an insurer, issued by the Insurance Department. (6) 'Domiciliary state' means the state in which an insurer is incorporated or organized; or, in the case of an alien insurer, its state of entry.
686
JOURNAL OF THE HOUSE
(7) 'Fair consideration' means: (A) When in exchange for property or obligation as a fair equivalent therefor and in good faith, property is conveyed, services are rendered, an obligation is incurred, or an antecedent debt is satisfied; or (B) When property or obligation is received in good faith to secure a present advance or antecedent, debt in amount not disproportionately small as compared to the value of the property or obligation obtained. (7.1) 'Federal home loan bank' means a federal home loan bank established under the federal Home Loan Bank Act, 12 U.S.C. Section 1421, et seq. (8) 'Foreign country' means any other jurisdiction not in any state. (9) 'General assets' means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons or classes of persons. As to specifically encumbered property, 'general assets' includes all such property or its proceeds in excess of the amount necessary to discharge the sum or sums secured thereby. Assets held in trust and on deposit for the security or benefit of all policyholders or all policyholders and creditors in more than a single state shall be treated as general assets. (10) 'Guaranty association' means the Georgia Insurers Insolvency Pool created by Chapter 36 of this title, the Georgia Life and Health Insurance Guaranty Association created by Chapter 38 of this title, and any other similar entity now or hereafter created by the General Assembly for the payment of claims of insolvent insurers. 'Foreign guaranty association' means any similar entities now in existence in or hereafter created by the legislature of any other state. (11) 'Insolvency' or 'insolvent' means: (A) For an insurer issuing only assessable fire insurance policies: (i) The inability to pay any obligation within 30 days after it becomes payable; or (ii) If an assessment is made within 30 days after an obligation becomes payable, the inability to pay such obligation 30 days following the date specified in the first assessment notice issued after the date of loss; (B) For any other insurer, the inability to pay its obligations when they are due, or when its admitted assets do not exceed its liabilities plus the greater of: (i) Any capital and surplus required by law for its organization; or (ii) The total par or stated value of its authorized and issued capital stock; and (C) As to any insurer licensed to do business in this state as of July 1, 1991, which does not meet the standard established under subparagraph (B) of this paragraph, for a period not to exceed three years from July 1, 1991, the inability to pay its obligations when they are due or that its admitted assets do not exceed its liabilities plus any required capital contribution ordered by the Commissioner under provisions of this title. For purposes of this paragraph, 'liabilities' shall include, but not be limited to, reserves required by statute or by regulations or specific requirements imposed by the Commissioner upon a subject company at the time of admission or subsequent thereto. (12) 'Insurer' means any person who has done, purports to do, is doing, or is licensed to do an insurance business and is or has been subject to liquidation, rehabilitation,
TUESDAY, FEBRUARY 16, 2016
687
reorganization, supervision, the authority of, or conservation by any state insurance regulatory official. For purposes of this chapter, any other persons included under Code Section 33-37-2 shall be deemed to be insurers. (12.1) 'Insurer-member' means an insurer who is a member of a federal home loan bank. (13) 'Preferred claim' means any claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer. (14) 'Receiver' means receiver, liquidator, rehabilitator, or conservator as the context requires. (15) 'Reciprocal state' means any state other than this state in which in substance and effect Code Sections 33-37-17, 33-37-51, 33-37-52, and 33-37-54 through 33-37-56 are in force, and in which provisions are in force requiring that the Commissioner or equivalent official be the receiver of a delinquent insurer, and in which some provision exists for the avoidance of fraudulent conveyances and preferential transfers. (16)(15) 'Secured claim' means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims against general assets. The term also includes claims which have become liens upon specific assets by reason of judicial process. (17)(16) 'Special deposit claim' means any claim secured by a deposit made pursuant to statute for the security or benefit of a limited class or classes of persons, but not including any claim secured by general assets. (18)(17) 'State' means any state, district, or territory of the United States. (19)(18) 'Transfer' shall include the sale and every other and different mode, direct or indirect, of disposing of or of parting with property, an interest therein, the possession thereof or of fixing a lien upon property or upon an interest therein, whether absolutely or conditionally, voluntarily, or by or without judicial proceedings. The retention of a security title to property delivered to a debtor shall be deemed a transfer suffered by the debtor."
SECTION 2. Said chapter is further amended in Code Section 33-37-50, relating to commissioner appointed as liquidator of foreign or alien insurer's assets and grounds, by revising subsection (d) as follows: "(d) If a domiciliary liquidator is appointed in a reciprocal another state while a liquidation is proceeding under this Code section, the liquidator under this Code section shall thereafter act as ancillary receiver under Code Section 33-37-52. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section may petition the court for permission to act as ancillary receiver under Code Section 33-37-52."
SECTION 3. Said chapter is further amended by revising Code Section 33-37-51, relating to title to property of insurer domiciled in reciprocal or nonreciprocal state, date of vesting in domiciliary liquidator or Commissioner, rights of resident claimants, as follows:
688
JOURNAL OF THE HOUSE
"33-37-51. (a) The domiciliary liquidator of an insurer domiciled in a reciprocal another state shall, except as to special deposits and security on secured claims under subsection (c) of Code Section 33-37-52, be vested by operation of law with the title to all of the assets, property, contracts and rights of action, agents' balances, and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He or she also shall have the right to recover all other assets of the insurer located in this state, subject to the provisions of Code Section 33-37-52. (b) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the Commissioner of this state shall be vested by operation of law with the title to all of the property, contracts, and right of action and all of the books, accounts, and other records of the insurer located in this state at the same time that the domiciliary liquidator is vested with title in the domicile. The Commissioner may petition for a conservation or liquidation order under Code Section 33-37-49 or 33-37-50 or for an ancillary receivership under Code Section 33-37-52 or after approval by the superior court may transfer title to the domiciliary liquidator as the interests of justice and the equitable distribution of the assets require. (c)(b) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings."
SECTION 4. Said chapter is further amended by revising Code Section 33-37-52, relating to commissioner as ancillary receiver for insurer not domiciled in this state, as follows: "33-37-52. (a) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the Commissioner may file a petition with the superior court requesting appointment as ancillary receiver in this state: (1) If he or she finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or (2) If the protection of creditors or policyholders in this state so requires. (b) The court may issue an order appointing an ancillary receiver in whatever terms it shall deem appropriate. The filing or recording of the order with the appropriate clerk of the superior court in this state imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk. (c) When a domiciliary liquidator has been appointed in a reciprocal another state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the
TUESDAY, FEBRUARY 16, 2016
689
domiciliary liquidator in recovering assets of the insurer located in this state. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state and shall pay the necessary expenses of the proceedings. He or she shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary liquidator or his or her designee, at the direction of the domiciliary liquidator. Subject to this Code section, the ancillary receiver and his or her deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state. (d) When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal other states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties, and powers to those provided in subsection (c) of this Code section for ancillary receivers appointed in this state. (e) If the Commissioner elects not to file a petition with the superior court requesting appointment as ancillary receiver in this state pursuant to subsection (a) of this Code section, the Commissioner may, notwithstanding the provisions of Code Sections 33-3-8 through 33-3-10 and Code Sections 33-12-8 and 33-12-9, transfer title and possession of all special deposits under his or her control to the domiciliary liquidator or his or her designee, at the direction of the domiciliary liquidator. Prior to transferring title and possession of such special deposits, the Commissioner may require the domiciliary liquidator to agree, in writing, to handle such deposits and special deposit claims in accordance with the statutes pursuant to which the special deposits were required and to any other requirements deemed necessary by the Commissioner."
SECTION 5. Said chapter is further amended by revising Code Section 33-37-54, relating to rights of nonresident claimants in proceeding against domiciliary insurer, as follows: "33-37-54. (a) In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in other states not reciprocal states where an ancillary receiver has not been appointed must file claims in this state, and claimants residing in reciprocal other states where an ancillary receiver has been appointed may file claims either with the ancillary receivers, if any, in their respective states or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in reciprocal other states where an ancillary receiver has been appointed may be proved either in the liquidation proceeding in this state as provided in this chapter or in ancillary proceedings, if any, in the reciprocal other states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in subsection (b) of Code Section 33-3755 with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal other states shall be conclusive as to amount and as to
690
JOURNAL OF THE HOUSE
priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under Code Section 3337-41."
SECTION 6. Said chapter is further amended by revising Code Section 33-37-55, relating to rights of resident claimants in proceeding in reciprocal state against nondomiciliary insurer, as follows: "33-37-55. (a) In a liquidation proceeding in a reciprocal another state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this state. If a claimant elects to prove his or her claim in this state, he or she shall file his such claim with the liquidator ancillary receiver in the manner provided in Code Sections 33-37-34 and 33-37-35. The ancillary receiver shall make his or her recommendation to the court as under Code Section 33-37-42. He or she shall also arrange a date for hearing if necessary under Code Section 33-37-38 and shall give notice to the liquidator in the domiciliary state, either by certified mail or statutory overnight delivery or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or statutory overnight delivery or by personal service, of his or her intention to contest the claim, he or she shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim. (c) The If a claimant files a claim in this state with the ancillary receiver, the final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state."
SECTION 7. Said chapter is further amended in Code Section 33-37-57, relating to superiority of order of distribution issued by domiciliary state, priority of payment and claims, and rights of secured creditors, by revising subsection (a) as follows: "(a) In a liquidation proceeding in this state involving one or more reciprocal other states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal other states. All claims of residents of reciprocal other states shall be given equal priority of payment from general assets regardless of where such assets are located."
TUESDAY, FEBRUARY 16, 2016
691
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice 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 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
692
JOURNAL OF THE HOUSE
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 750. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th and England of the 116th:
A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 12, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at page 1 of 251), 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.
The following Senate substitute was read:
TUESDAY, FEBRUARY 16, 2016
693
SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 750 A BILL TO BE ENTITLED AN ACT
To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 11, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at page 1 of 251), 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, 2015, and ending June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 11, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at Page 1 of 251), 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, 2015, and ending June 30, 2016, as prescribed hereinafter for such fiscal year:
HB 750 (FY 2016A)
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
$22,990,473,796 $22,990,473,796 $22,990,473,796
$19,591,798,611 $19,591,798,611 $19,591,798,611
$204,347,430 $204,347,430 $204,347,430
$1,605,915,300 $1,605,915,300 $1,605,915,300
$1,008,098,562 $1,008,098,562 $1,008,098,562
$138,630,751 $138,630,751 $138,630,751
$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
694
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 FFIND 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
$13,394,259,624 $13,394,259,624 $13,394,259,624
$3,873,853,458 $3,873,853,458 $3,873,853,458
$97,618,088 $97,618,088 $97,618,088
$209,161
$209,161
$209,161
$125,696,047 $125,696,047 $125,696,047
$14,420,230 $14,420,230 $14,420,230
$14,163,709 $14,163,709 $14,163,709
$16,735,414 $16,735,414 $16,735,414
$1,526,296,548 $1,526,296,548 $1,526,296,548
$91,664,590 $91,664,590 $91,664,590
$56,629,642 $56,629,642 $56,629,642
$16,884,236 $16,884,236 $16,884,236
$6,789,415,903 $6,789,415,903 $6,789,415,903
$25,838
$25,838
$25,838
$47,733,582 $47,733,582 $47,733,582
$2,403,579
$2,403,579
$2,403,579
$52,776,023 $52,776,023 $52,776,023
$40,481,142 $40,481,142 $40,481,142
$258,161,259 $258,161,259 $258,161,259
$346,126,246 $346,126,246 $346,126,246
$338,477,177 $338,477,177 $338,477,177
$7,649,069
$7,649,069
$7,649,069
$22,964,929 $22,964,929 $22,964,929
$6,101,569,717 $6,101,569,717 $6,101,569,717
$6,323,465
$6,323,465
$6,323,465
$6,323,465
$6,323,465
$6,323,465
$5,377,237
$5,377,237
$5,377,237
$5,377,237
$5,377,237
$5,377,237
$3,446,887
$3,446,887
$3,446,887
$3,446,887
$3,446,887
$3,446,887
$2,892,013,015 $2,892,013,015 $2,892,013,015
$214,057,828 $214,057,828 $214,057,828
$2,057,910,748 $2,057,910,748 $2,057,910,748
TUESDAY, FEBRUARY 16, 2016
695
Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements
Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents
Royalties and Rents Not Itemized Sales and Services
Record Center Storage Fees Sales and Services Not Itemized Tuition and Fees for Higher Education Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Accounting System Assessments Agency to Agency Contracts Health Insurance Payments Liability Funds 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 TOTAL PUBLIC FUNDS Changes in Fund Availability
TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs
$620,044,439 $620,044,439 $620,044,439
$295,685,146 $295,685,146 $295,685,146
$295,685,146 $295,685,146 $295,685,146
$926,735
$926,735
$926,735
$926,735
$926,735
$926,735
$2,893,479,543 $2,893,479,543 $2,893,479,543
$606,000
$606,000
$606,000
$671,870,544 $671,870,544 $671,870,544
$2,221,002,999 $2,221,002,999 $2,221,002,999
$4,317,689
$4,317,689
$4,317,689
$4,317,689
$4,317,689
$4,317,689
$3,835,696,918 $3,835,696,918 $3,835,696,918
$3,824,622,526 $3,824,622,526 $3,824,622,526
$67,894,017 $67,894,017 $67,894,017
$20,705,128 $20,705,128 $20,705,128
$15,571,579 $15,571,579 $15,571,579
$3,234,514,653 $3,234,514,653 $3,234,514,653
$33,976,915 $33,976,915 $33,976,915
$11,968,216 $11,968,216 $11,968,216
$280,857,262 $280,857,262 $280,857,262
$56,712,435 $56,712,435 $56,712,435
$12,580,741 $12,580,741 $12,580,741
$89,841,580 $89,841,580 $89,841,580
$8,594,362
$8,594,362
$8,594,362
$8,594,362
$8,594,362
$8,594,362
$2,480,030
$2,480,030
$2,480,030
$1,850,225
$1,850,225
$1,850,225
$629,805
$629,805
$629,805
$42,486,303,137 $42,486,303,137 $42,486,303,137
$1,162,494,289 $1,162,494,289 $1,162,494,289 $327,442,215 $327,442,215 $327,442,215 $204,347,430 $204,347,430 $204,347,430
696
JOURNAL OF THE HOUSE
State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds 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
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Agency to Agency Contracts 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
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$602,561,509 $602,561,509 $602,561,509
$30,326,386 $30,326,386 $30,326,386
($2,183,251) ($2,183,251) ($2,183,251)
$24,672,459 $24,672,459 $24,672,459
$52,544
$52,544
$52,544
$12,870,542 $12,870,542 $12,870,542
$200,892,063 $200,892,063 $200,892,063
($167,419,719) ($167,419,719) ($167,419,719)
($21,722,971) ($21,722,971) ($21,722,971)
($21,722,971) ($21,722,971) ($21,722,971)
$400,000
$400,000
$400,000
$400,000
$400,000
$400,000
$400,000
$400,000
$400,000
$15,406,112 $15,406,112 $15,406,112
$15,406,112 $15,406,112 $15,406,112
$840,000
$840,000
$840,000
($25,842)
($25,842)
($25,842)
$14,591,954 $14,591,954 $14,591,954
$1,202,972,860 $1,202,972,860 $1,202,972,860
Section Total - Continuation
$10,770,129 $10,770,129 $10,770,129 $10,770,129 $10,770,129 $10,770,129
Section Total - Final
$10,770,129 $10,770,129 $10,770,129
$10,770,129 $10,770,129 $10,770,129
$10,770,129 $10,770,129 $10,770,129
$10,770,129 $10,770,129 $10,770,129
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
3.100 -Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
TUESDAY, FEBRUARY 16, 2016
697
Continuation Budget
$1,278,792 $1,278,792 $1,278,792
$1,278,792 $1,278,792 $1,278,792
$1,278,792 $1,278,792 $1,278,792
$1,278,792 $1,278,792 $1,278,792
Appropriation (HB 750)
$1,278,792
$1,278,792
$1,278,792
$1,278,792
$1,278,792
$1,278,792
Continuation Budget
$1,170,326 $1,170,326 $1,170,326
$1,170,326 $1,170,326 $1,170,326
$1,170,326 $1,170,326 $1,170,326
$1,170,326 $1,170,326 $1,170,326
Appropriation (HB 750)
$1,170,326
$1,170,326
$1,170,326
$1,170,326
$1,170,326
$1,170,326
Continuation Budget
$7,228,476 $7,228,476 $7,228,476
$7,228,476 $7,228,476 $7,228,476
$7,228,476 $7,228,476 $7,228,476
$7,228,476 $7,228,476 $7,228,476
Appropriation (HB 750)
$7,228,476
$7,228,476
$7,228,476
$7,228,476
$7,228,476
$7,228,476
698
JOURNAL OF THE HOUSE
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
$1,092,535 $1,092,535 $1,092,535
$1,092,535 $1,092,535 $1,092,535
$1,092,535 $1,092,535 $1,092,535
4.100 -Senate Budget and Evaluation Office
Appropriation (HB 750)
The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.
TOTAL STATE FUNDS
$1,092,535
$1,092,535
$1,092,535
State General Funds
$1,092,535
$1,092,535
$1,092,535
TOTAL PUBLIC FUNDS
$1,092,535
$1,092,535
$1,092,535
Section 2: Georgia House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403
$18,967,403 $18,967,403 $18,967,403
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$18,967,403 $18,967,403 $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
$18,967,403 $18,967,403 $18,967,403
$18,967,403 $18,967,403 $18,967,403
$18,967,403 $18,967,403 $18,967,403
TUESDAY, FEBRUARY 16, 2016
699
5.100-House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$18,967,403 $18,967,403 $18,967,403
Appropriation (HB 750)
$18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403
Section 3: Georgia General Assembly Joint Offices
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$10,542,093 $10,542,093 $10,542,093 $10,542,093 $10,542,093 $10,542,093
$10,542,093 $10,542,093 $10,542,093
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$10,542,093 $10,542,093 $10,542,093
$10,551,249 $10,551,249 $10,551,249
$10,551,249 $10,551,249 $10,551,249
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
$5,777,046 $5,777,046 $5,777,046
$5,777,046 $5,777,046 $5,777,046
$5,777,046 $5,777,046 $5,777,046
6.100 -Ancillary Activities
The purpose of this appropriation is to provide services for the legislative branch of government.
TOTAL STATE FUNDS
$5,777,046
State General Funds
$5,777,046
TOTAL PUBLIC FUNDS
$5,777,046
Appropriation (HB 750)
$5,777,046 $5,777,046 $5,777,046
$5,777,046 $5,777,046 $5,777,046
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.
700
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,307,716 $1,307,716 $1,307,716
$1,307,716 $1,307,716 $1,307,716
$1,307,716 $1,307,716 $1,307,716
7.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$9,156
$9,156
7.100-Legislative Fiscal Office
Appropriation (HB 750)
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
$1,307,716
$1,316,872
$1,316,872
State General Funds
$1,307,716
$1,316,872
$1,316,872
TOTAL PUBLIC FUNDS
$1,307,716
$1,316,872
$1,316,872
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
$3,457,331 $3,457,331 $3,457,331
$3,457,331 $3,457,331 $3,457,331
$3,457,331 $3,457,331 $3,457,331
8.100 -Office of Legislative Counsel
Appropriation (HB 750)
The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.
TOTAL STATE FUNDS
$3,457,331
$3,457,331
$3,457,331
State General Funds
$3,457,331
$3,457,331
$3,457,331
TOTAL PUBLIC FUNDS
$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
Section Total - Continuation
$34,993,596 $34,993,596
$34,993,596 $34,993,596
$640,000
$640,000
$34,993,596 $34,993,596
$640,000
TUESDAY, FEBRUARY 16, 2016
701
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$640,000 $640,000 $35,633,596
$640,000 $640,000 $35,633,596
$640,000 $640,000 $35,633,596
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$34,993,596 $34,993,596
$640,000 $640,000 $640,000 $35,633,596
$34,996,736 $34,996,736
$640,000 $640,000 $640,000 $35,636,736
$34,996,736 $34,996,736
$640,000 $640,000 $640,000 $35,636,736
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
$29,920,865 $29,920,865
$640,000 $640,000 $640,000 $30,560,865
$29,920,865 $29,920,865
$640,000 $640,000 $640,000 $30,560,865
$29,920,865 $29,920,865
$640,000 $640,000 $640,000 $30,560,865
9.100 -Audit and Assurance Services
Appropriation (HB 750)
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
702
JOURNAL OF THE HOUSE
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
$29,920,865 $29,920,865 $29,920,865
State General Funds
$29,920,865 $29,920,865 $29,920,865
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
$30,560,865 $30,560,865 $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
$2,380,309 $2,380,309 $2,380,309
$2,380,309 $2,380,309 $2,380,309
$2,380,309 $2,380,309 $2,380,309
10.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$3,140
$3,140
10.100-Departmental Administration
The purpose of this appropriation is to provide administrative support to all Department programs.
TOTAL STATE FUNDS
$2,380,309
State General Funds
$2,380,309
TOTAL PUBLIC FUNDS
$2,380,309
Appropriation (HB 750)
$2,383,449 $2,383,449 $2,383,449
$2,383,449 $2,383,449 $2,383,449
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.
TUESDAY, FEBRUARY 16, 2016
703
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 750)
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
$252,560 $252,560 $252,560
$252,560 $252,560 $252,560
$252,560 $252,560 $252,560
12.100 -Legislative Services
Appropriation (HB 750)
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
704
JOURNAL OF THE HOUSE
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
$2,419,862 $2,419,862 $2,419,862
$2,419,862 $2,419,862 $2,419,862
$2,419,862 $2,419,862 $2,419,862
13.100 -Statewide Equalized Adjusted Property Tax Digest
Appropriation (HB 750)
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
$2,419,862
$2,419,862
$2,419,862
State General Funds
$2,419,862
$2,419,862
$2,419,862
TOTAL PUBLIC FUNDS
$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
$17,314,958 $17,314,958
$17,314,958 $17,314,958
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$17,464,958 $17,464,958
$17,314,958 $17,314,958
$150,000 $150,000 $150,000 $17,464,958
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$18,291,421 $18,291,421
$150,000 $150,000 $150,000 $18,441,421
$18,121,874 $18,121,874
$150,000 $150,000 $150,000 $18,271,874
$18,200,022 $18,200,022
$150,000 $150,000 $150,000 $18,350,022
TUESDAY, FEBRUARY 16, 2016
705
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
$17,314,958 $17,314,958
$150,000 $150,000 $150,000 $17,464,958
$17,314,958 $17,314,958
$150,000 $150,000 $150,000 $17,464,958
$17,314,958 $17,314,958
$150,000 $150,000 $150,000 $17,464,958
14.1 Increase funds for personnel for one additional procurement and facilities position starting April 1, 2016.
State General Funds
$18,297
$0
$0
14.2 Increase funds for personnel to restore two central staff attorney positions starting April 1, 2016.
State General Funds
$78,148
$0
$78,148
14.3 Increase funds for one-time funding to convert microfilm court records to a searchable PDF format.
State General Funds
$60,000
$60,000
$60,000
14.4 Increase funds for personnel for one systems analyst position starting April 1, 2016.
State General Funds
$28,700
$0
$0
14.5 Increase funds for personnel and operations for three new judgeships created in HB279 (2015 Session).
State General Funds
$724,128
$717,883
$717,883
14.6 Increase funds for personnel to share costs for one deputy reporter position and one clerk position with the Supreme Court starting April 1, 2016. (H and S:Increase funds to share costs for one editorial assistant position with the Supreme Court)
State General Funds
$28,116
$8,579
$8,579
14.7 Increase funds for personnel for one deputy court administrator/attorney position starting April 1, 2016.
State General Funds
$39,074
$0
$0
706
JOURNAL OF THE HOUSE
14.8 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$917
$917
14.9 Increase funds for personnel to share costs for one assistant reporter of decisions position with the Supreme Court.
State General Funds
$19,537
$19,537
14.100 -Court of Appeals
Appropriation (HB 750)
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
$18,291,421 $18,121,874 $18,200,022
State General Funds
$18,291,421 $18,121,874 $18,200,022
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
$18,441,421 $18,271,874 $18,350,022
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
$14,427,413 $14,427,413
$14,427,413 $14,427,413
$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
$18,125,346 $18,125,346
$14,427,413 $14,427,413
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $18,125,346
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS
Section Total - Final
$14,539,717 $14,539,717
$2,552,935
$14,414,124 $14,414,124
$2,552,935
$14,527,766 $14,527,766
$2,552,935
TUESDAY, FEBRUARY 16, 2016
707
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,552,935 $1,144,998 $1,144,998 $1,144,998 $18,237,650
$2,552,935 $1,144,998 $1,144,998 $1,144,998 $18,112,057
$2,552,935 $1,144,998 $1,144,998 $1,144,998 $18,225,699
Council of Accountability Court Judges
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
$446,319 $446,319 $446,319
$446,319 $446,319 $446,319
$446,319 $446,319 $446,319
15.98 Change the name of the Accountability Courts program to the Council of Accountability Court Judges program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
15.99 SAC: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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. House: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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. Governor: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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.
State General Funds
$0
$0
$0
708
JOURNAL OF THE HOUSE
15.100 -Council of Accountability Court Judges
Appropriation (HB 750)
The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency
treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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
$446,319
$446,319
$446,319
State General Funds
$446,319
$446,319
$446,319
TOTAL PUBLIC FUNDS
$446,319
$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
16.100-Georgia Office of Dispute Resolution
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
709
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 personnel for one electronic media curriculum designer position to expand delivery of computer-based, online training for judges.
State General Funds
$13,000
$0
$0
17.100 -Institute of Continuing Judicial Education
Appropriation (HB 750)
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
$484,789
$471,789
$471,789
State General Funds
$484,789
$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
$1,187,992
$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
710
JOURNAL OF THE HOUSE
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
$12,178,882 $12,178,882
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $15,000,722
$12,178,882 $12,178,882
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $15,000,722
$12,178,882 $12,178,882
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $15,000,722
18.1 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System for the Council of State Court Judges.
State General Funds
$54,617
$54,617
$54,617
18.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System for the Council of State Court Judges.
State General Funds
$44,687
$44,687
$44,687
18.3 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$1,049
$1,049
18.4 Reduce funds for personnel to meet projected expenditures.
State General Funds
($113,642)
$0
18.99 SAC: The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, the State Court Judges, and the Georgia Council of Court Administrators; to operate the Child Support E-Filing system, the Child Support Guidelines Commission, and the Commission on Interpreters; and to support the Committee on Justice for Children. House: The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, the State Court Judges, and the Georgia Council of Court Administrators; to operate the Child Support E-Filing system, the Child Support Guidelines Commission, and the Commission on Interpreters; and to support the Committee on Justice for Children.
TUESDAY, FEBRUARY 16, 2016
711
Governor: The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, the State Court Judges, and the Georgia Council of Court Administrators; to operate the Child Support E-Filing system, the Child Support Guidelines Commission, and the Commission on Interpreters; and to support the Committee on Justice for Children.
State General Funds
$0
$0
$0
18.100 -Judicial Council
Appropriation (HB 750)
The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the
councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, the State Court Judges, and the
Georgia Council of Court Administrators; to operate the Child Support E-Filing system, the Child Support Guidelines Commission,
and the Commission on Interpreters; and to support the Committee on Justice for Children.
TOTAL STATE FUNDS
$12,278,186 $12,165,593 $12,279,235
State General Funds
$12,278,186 $12,165,593 $12,279,235
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
$15,100,026 $14,987,433 $15,101,075
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
$530,423 $530,423 $530,423
$530,423 $530,423 $530,423
$530,423 $530,423 $530,423
19.100-Judicial Qualifications Commission
Appropriation (HB 750)
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
712
JOURNAL OF THE HOUSE
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
$530,423
$530,423
$530,423
State General Funds
$530,423
$530,423
$530,423
TOTAL PUBLIC FUNDS
$530,423
$530,423
$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.
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 750)
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
$7,606,988
$7,606,988
$7,606,988
$7,606,988
$447,456
$447,456
$447,456
$447,456
$8,054,444
$8,054,444
$7,606,988 $7,606,988
$447,456 $447,456 $8,054,444
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$7,606,988 $7,606,988 $7,606,988
$7,606,988 $7,606,988 $7,606,988
$7,606,988 $7,606,988 $7,606,988
TUESDAY, FEBRUARY 16, 2016
713
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
$1,553,655 $1,553,655
$447,456 $447,456 $2,001,111
$1,553,655 $1,553,655
$447,456 $447,456 $2,001,111
$1,553,655 $1,553,655
$447,456 $447,456 $2,001,111
21.1 Reduce funds based on projected revenues. Federal Funds Not Itemized
($447,456)
($447,456)
($447,456)
21.100 -Council of Juvenile Court Judges
Appropriation (HB 750)
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
$1,553,655
$1,553,655
$1,553,655
State General Funds
$1,553,655
$1,553,655
$1,553,655
TOTAL PUBLIC FUNDS
$1,553,655
$1,553,655
$1,553,655
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
$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
22.100 -Grants to Counties for Juvenile Court Judges
Appropriation (HB 750)
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
State General Funds
$6,053,333
$6,053,333
$6,053,333
TOTAL PUBLIC FUNDS
$6,053,333
$6,053,333
$6,053,333
714
JOURNAL OF THE HOUSE
Section 8: Prosecuting Attorneys
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 - Continuation
$71,295,494 $71,295,494
$71,295,494 $71,295,494
$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
$73,342,976 $73,342,976
$71,295,494 $71,295,494
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $73,342,976
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
$71,796,340 $71,796,340
$2,021,640 $219,513 $219,513
$1,802,127 $1,802,127 $73,817,980
$71,451,326 $71,451,326
$2,021,640 $219,513 $219,513
$1,802,127 $1,802,127 $73,472,966
$71,451,326 $71,451,326
$2,021,640 $219,513 $219,513
$1,802,127 $1,802,127 $73,472,966
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 750)
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.
TUESDAY, FEBRUARY 16, 2016
715
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
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 State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$64,578,481 $64,578,481
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $66,625,963
$64,578,481 $64,578,481
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $66,625,963
$64,578,481 $64,578,481
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $66,625,963
24.1 Increase funds to reflect the adjustment in the employer share for district attorneys in the Judicial Retirement System from 6.98% to 12.19%.
State General Funds
$266,719
$266,719
$266,719
24.2 Increase funds to provide an accountability court supplement for district attorneys for six newly established accountability courts in the following circuits per HB279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.
State General Funds
$27,914
$27,914
$27,914
24.3 Reduce funds for contracts to reflect adjustments in the contract with the Department of Human Services.
Agency to Agency Contracts
($25,842)
($25,842)
($25,842)
24.4 Reduce funds to reflect ADA start dates.
State General Funds
($353,403)
($353,403)
716
JOURNAL OF THE HOUSE
24.100 -District Attorneys
Appropriation (HB 750)
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
$64,873,114 $64,519,711 $64,519,711
State General Funds
$64,873,114 $64,519,711 $64,519,711
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$2,021,640
$2,021,640
$2,021,640
State Funds Transfers
$219,513
$219,513
$219,513
Agency to Agency Contracts
$219,513
$219,513
$219,513
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
$66,894,754 $66,541,351 $66,541,351
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
$6,531,433 $6,531,433 $6,531,433
$6,531,433 $6,531,433 $6,531,433
$6,531,433 $6,531,433 $6,531,433
25.1 Increase funds to reflect the adjustment in the employer share for solicitors in the Judicial Retirement System from 6.98% to 12.19%.
State General Funds
$206,213
$206,213
$206,213
25.2 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$8,389
$8,389
25.100 -Prosecuting Attorneys' Council
Appropriation (HB 750)
The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.
TOTAL STATE FUNDS
$6,737,646
$6,746,035
$6,746,035
State General Funds
$6,737,646
$6,746,035
$6,746,035
TOTAL PUBLIC FUNDS
$6,737,646
$6,746,035
$6,746,035
TUESDAY, FEBRUARY 16, 2016
717
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
$69,084,000 $69,084,000
$69,084,000 $69,084,000
$147,000
$147,000
$87,000
$87,000
$87,000
$87,000
$60,000
$60,000
$60,000
$60,000
$69,231,000 $69,231,000
$69,084,000 $69,084,000
$147,000 $87,000 $87,000 $60,000 $60,000
$69,231,000
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
$69,198,804 $69,198,804
$147,000 $87,000 $87,000 $60,000 $60,000
$69,345,804
$69,152,782 $69,152,782
$147,000 $87,000 $87,000 $60,000 $60,000
$69,299,782
$69,153,966 $69,153,966
$147,000 $87,000 $87,000 $60,000 $60,000
$69,300,966
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
$1,397,409 $1,397,409
$60,000 $60,000 $60,000 $1,457,409
$1,397,409 $1,397,409
$60,000 $60,000 $60,000 $1,457,409
$1,397,409 $1,397,409
$60,000 $60,000 $60,000 $1,457,409
718
JOURNAL OF THE HOUSE
26.100 -Council of Superior Court Judges
Appropriation (HB 750)
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
$1,397,409
$1,397,409
$1,397,409
State General Funds
$1,397,409
$1,397,409
$1,397,409
TOTAL AGENCY FUNDS
$60,000
$60,000
$60,000
Sales and Services
$60,000
$60,000
$60,000
Sales and Services Not Itemized
$60,000
$60,000
$60,000
TOTAL PUBLIC FUNDS
$1,457,409
$1,457,409
$1,457,409
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
$2,550,051 $2,550,051
$87,000 $87,000 $87,000 $2,637,051
$2,550,051 $2,550,051
$87,000 $87,000 $87,000 $2,637,051
$2,550,051 $2,550,051
$87,000 $87,000 $87,000 $2,637,051
27.1 Increase funds to adjust for rising costs and to support new judgeships and accountability courts.
State General Funds
$56,536
$14,134
$6,000
27.100 -Judicial Administrative Districts
Appropriation (HB 750)
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
$2,606,587
$2,564,185
$2,556,051
State General Funds
$2,606,587
$2,564,185
$2,556,051
TOTAL AGENCY FUNDS
$87,000
$87,000
$87,000
Intergovernmental Transfers
$87,000
$87,000
$87,000
TUESDAY, FEBRUARY 16, 2016
719
Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS
$87,000 $2,693,587
$87,000 $2,651,185
$87,000 $2,643,051
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 PUBLIC FUNDS
$65,136,540 $65,136,540 $65,136,540
$65,136,540 $65,136,540 $65,136,540
$65,136,540 $65,136,540 $65,136,540
28.1 Increase funds to provide a supplement to Superior Court judges in seven circuits with newly established accountability courts per HB279 (2015 Session). (H:Increase funds to provide an accountability court supplement for district attorneys for six newly established accountability courts in the following circuits per HB279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs)(S:Increase funds to provide an accountability court supplement for Superior Court judges for seven newly established accountability courts in the following circuits per HB279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, Toombs, and South Georgia)
State General Funds
$88,518
$79,200
$88,518
28.2 Eliminate funds for the initial equipment set-up of the Coweta and Waycross judgeships created in HB742 (2014 Session).
State General Funds
($30,250)
($30,250)
($30,250)
28.3 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$5,698
$5,698
28.100 -Superior Court Judges
Appropriation (HB 750)
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.
720
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$65,194,808 $65,194,808 $65,194,808
$65,191,188 $65,191,188 $65,191,188
$65,200,506 $65,200,506 $65,200,506
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
$10,312,655 $10,312,655
$10,312,655 $10,312,655
$1,859,823
$1,859,823
$1,859,823
$1,859,823
$1,859,823
$1,859,823
$12,172,478 $12,172,478
$10,312,655 $10,312,655
$1,859,823 $1,859,823 $1,859,823 $12,172,478
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$10,412,383 $10,412,383
$1,859,823 $1,859,823 $1,859,823 $12,272,206
$10,359,796 $10,359,796
$1,859,823 $1,859,823 $1,859,823 $12,219,619
$10,369,946 $10,369,946
$1,859,823 $1,859,823 $1,859,823 $12,229,769
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
$10,312,655 $10,312,655
$1,859,823 $1,859,823
$10,312,655 $10,312,655
$1,859,823 $1,859,823
$10,312,655 $10,312,655
$1,859,823 $1,859,823
TUESDAY, FEBRUARY 16, 2016
721
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$1,859,823 $12,172,478
$1,859,823 $12,172,478
$1,859,823 $12,172,478
29.1 Increase funds for annual maintenance costs for trial court records in the case management system.
State General Funds
$20,000
$20,000
$20,000
29.2 Increase funds for personnel for one systems analyst position starting April 1, 2016.
State General Funds
$28,700
$0
$0
29.3 Increase funds for per diem rate and commute mileage for justices.
State General Funds
$10,150
$0
$10,150
29.4 Increase funds for personnel to share costs for one assistant reporter of decisions position with the Court of Appeals starting April 1, 2016.
State General Funds
$19,537
$19,537
$19,537
29.5 Increase funds for personnel to share costs for one editorial assistant position with the Court of Appeals starting April 1, 2016.
State General Funds
$8,579
$8,579
$8,579
29.6 Increase funds for rent, information technology, supplies, and publication costs.
State General Funds
$12,762
$12,762
$12,762
29.7 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$725
$725
29.8 Reduce funds to reflect case management position start date.
State General Funds
($14,462)
($14,462)
29.100 -Supreme Court of Georgia
Appropriation (HB 750)
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
722
JOURNAL OF THE HOUSE
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
$10,412,383 $10,359,796 $10,369,946
State General Funds
$10,412,383 $10,359,796 $10,369,946
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
$12,272,206 $12,219,619 $12,229,769
Section 11: Accounting Office, State
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Continuation
$7,703,544
$7,703,544
$7,703,544
$7,703,544
$20,450,051 $20,450,051
$20,450,051 $20,450,051
$19,865,128 $19,865,128
$584,923
$584,923
$28,153,595 $28,153,595
$7,703,544 $7,703,544 $20,450,051 $20,450,051 $19,865,128
$584,923 $28,153,595
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Final
$7,703,886 $7,703,886 $21,290,051 $21,290,051 $20,705,128
$584,923 $28,993,937
$7,703,886 $7,703,886 $21,290,051 $21,290,051 $20,705,128
$584,923 $28,993,937
$7,703,886 $7,703,886 $21,290,051 $21,290,051 $20,705,128
$584,923 $28,993,937
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.
TUESDAY, FEBRUARY 16, 2016
723
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$4,378,948 $4,378,948 $20,450,051 $20,450,051 $19,865,128
$584,923 $24,828,999
$4,378,948 $4,378,948 $20,450,051 $20,450,051 $19,865,128
$584,923 $24,828,999
$4,378,948 $4,378,948 $20,450,051 $20,450,051 $19,865,128
$584,923 $24,828,999
30.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$342
$342
$342
30.2 Increase funds to recognize additional revenue from TeamWorks billings to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Accounting System Assessments
$840,000
$840,000
$840,000
30.100 -State Accounting Office
Appropriation (HB 750)
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
$4,379,290
$4,379,290
$4,379,290
State General Funds
$4,379,290
$4,379,290
$4,379,290
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$21,290,051 $21,290,051 $21,290,051
State Funds Transfers
$21,290,051 $21,290,051 $21,290,051
Accounting System Assessments
$20,705,128 $20,705,128 $20,705,128
Agency to Agency Contracts
$584,923
$584,923
$584,923
TOTAL PUBLIC FUNDS
$25,669,341 $25,669,341 $25,669,341
724
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
$2,637,624 $2,637,624 $2,637,624
$2,637,624 $2,637,624 $2,637,624
$2,637,624 $2,637,624 $2,637,624
31.100-Government Transparency and Campaign Finance Commission, Georgia
Appropriation (HB 750)
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
$2,637,624
$2,637,624
$2,637,624
State General Funds
$2,637,624
$2,637,624
$2,637,624
TOTAL PUBLIC FUNDS
$2,637,624
$2,637,624
$2,637,624
Georgia State Board of Accountancy
Continuation Budget
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 State General Funds
TOTAL PUBLIC FUNDS
$686,972 $686,972 $686,972
$686,972 $686,972 $686,972
$686,972 $686,972 $686,972
32.100-Georgia State Board of Accountancy
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
725
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
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
$686,972 $686,972 $686,972
$686,972 $686,972 $686,972
$686,972 $686,972 $686,972
Section Total - Continuation
$4,170,953
$4,170,953
$4,170,953
$4,170,953
$23,508,958 $23,508,958
$3,106,887
$3,106,887
$3,106,887
$3,106,887
$36,000
$36,000
$36,000
$36,000
$16,819,462 $16,819,462
$16,819,462 $16,819,462
$3,546,609
$3,546,609
$3,546,609
$3,546,609
$175,837,265 $175,837,265
$175,837,265 $175,837,265
$27,469,813 $27,469,813
$33,976,915 $33,976,915
$11,968,216 $11,968,216
$12,580,741 $12,580,741
$89,841,580 $89,841,580
$203,517,176 $203,517,176
$4,170,953 $4,170,953 $23,508,958 $3,106,887 $3,106,887
$36,000 $36,000 $16,819,462 $16,819,462 $3,546,609 $3,546,609 $175,837,265 $175,837,265 $27,469,813 $33,976,915 $11,968,216 $12,580,741 $89,841,580 $203,517,176
Section Total - Final
$5,170,953 $5,170,953 $23,508,958 $3,106,887 $3,106,887
$36,000
$5,170,953 $5,170,953 $23,508,958 $3,106,887 $3,106,887
$36,000
$5,170,953 $5,170,953 $23,508,958 $3,106,887 $3,106,887
$36,000
726
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 Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS
$36,000 $16,819,462 $16,819,462
$3,546,609 $3,546,609 $175,837,265 $175,837,265 $27,469,813 $33,976,915 $11,968,216 $12,580,741 $89,841,580 $204,517,176
$36,000 $16,819,462 $16,819,462
$3,546,609 $3,546,609 $175,837,265 $175,837,265 $27,469,813 $33,976,915 $11,968,216 $12,580,741 $89,841,580 $204,517,176
$36,000 $16,819,462 $16,819,462
$3,546,609 $3,546,609 $175,837,265 $175,837,265 $27,469,813 $33,976,915 $11,968,216 $12,580,741 $89,841,580 $204,517,176
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
TUESDAY, FEBRUARY 16, 2016
727
33.100-Departmental Administration
Appropriation (HB 750)
The purpose of this appropriation is to provide administrative support to all department programs.
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 $1,126,977 $1,126,977 $1,126,977 $1,126,977
$0 $0 $1,126,977 $1,126,977 $1,126,977 $1,126,977
$0 $0 $1,126,977 $1,126,977 $1,126,977 $1,126,977
34.100-Fleet Management
Appropriation (HB 750)
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.
728
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$1,126,977 $1,126,977 $1,126,977 $1,126,977
$1,126,977 $1,126,977 $1,126,977 $1,126,977
$1,126,977 $1,126,977 $1,126,977 $1,126,977
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 $10,840,239 $10,840,239 $10,840,239 $10,840,239
$0 $0 $10,840,239 $10,840,239 $10,840,239 $10,840,239
$0 $0 $10,840,239 $10,840,239 $10,840,239 $10,840,239
35.100-Human Resources Administration
Appropriation (HB 750)
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
$10,840,239 $10,840,239 $10,840,239 $10,840,239
$10,840,239 $10,840,239 $10,840,239 $10,840,239
$10,840,239 $10,840,239 $10,840,239 $10,840,239
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.
TUESDAY, FEBRUARY 16, 2016
729
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
$430,000 $430,000 $161,757,398 $161,757,398 $25,358,162 $33,976,915 $12,580,741 $89,841,580 $162,187,398
$430,000 $430,000 $161,757,398 $161,757,398 $25,358,162 $33,976,915 $12,580,741 $89,841,580 $162,187,398
$430,000 $430,000 $161,757,398 $161,757,398 $25,358,162 $33,976,915 $12,580,741 $89,841,580 $162,187,398
36.100 -Risk Management
Appropriation (HB 750)
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
$430,000
$430,000
$430,000
State General Funds
$430,000
$430,000
$430,000
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
$25,358,162 $25,358,162 $25,358,162
Liability Funds
$33,976,915 $33,976,915 $33,976,915
Unemployment Compensation Funds
$12,580,741 $12,580,741 $12,580,741
Workers Compensation Funds
$89,841,580 $89,841,580 $89,841,580
TOTAL PUBLIC FUNDS
$162,187,398 $162,187,398 $162,187,398
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.
730
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $12,196,233 $12,196,233 $12,196,233 $12,196,233
$0 $0 $12,196,233 $12,196,233 $12,196,233 $12,196,233
$0 $0 $12,196,233 $12,196,233 $12,196,233 $12,196,233
37.100 -State Purchasing
Appropriation (HB 750)
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
$12,196,233 $12,196,233 $12,196,233 $12,196,233
$12,196,233 $12,196,233 $12,196,233 $12,196,233
$12,196,233 $12,196,233 $12,196,233 $12,196,233
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 $1,643,951 $1,643,951 $1,643,951 $1,643,951
$0 $0 $1,643,951 $1,643,951 $1,643,951 $1,643,951
$0 $0 $1,643,951 $1,643,951 $1,643,951 $1,643,951
38.100 -Surplus Property
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
731
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,643,951 $1,643,951 $1,643,951 $1,643,951
$1,643,951 $1,643,951 $1,643,951 $1,643,951
$1,643,951 $1,643,951 $1,643,951 $1,643,951
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 750)
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
$3,007,250 $3,007,250 $1,300,805 $1,300,805 $1,300,805 $4,308,055
$3,007,250 $3,007,250 $1,300,805 $1,300,805 $1,300,805 $4,308,055
$3,007,250 $3,007,250 $1,300,805 $1,300,805 $1,300,805 $4,308,055
732
JOURNAL OF THE HOUSE
40.99 SAC: 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. House: 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. Governor: 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.
State General Funds
$0
$0
$0
40.100-Administrative Hearings, Office of State
Appropriation (HB 750)
The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the
public and state agencies.
TOTAL STATE FUNDS
$3,007,250
$3,007,250
$3,007,250
State General Funds
$3,007,250
$3,007,250
$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
$4,308,055
$4,308,055
$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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $4,714,887 $3,106,887 $3,106,887 $145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
$0 $0 $4,714,887 $3,106,887 $3,106,887 $145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
$0 $0 $4,714,887 $3,106,887 $3,106,887 $145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
TUESDAY, FEBRUARY 16, 2016
733
41.100 -State Treasurer, Office of the
Appropriation (HB 750)
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,714,887 $3,106,887 $3,106,887
$145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
$4,714,887 $3,106,887 $3,106,887
$145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
$4,714,887 $3,106,887 $3,106,887
$145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
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
$694,197 $694,197 $694,197
$694,197 $694,197 $694,197
$694,197 $694,197 $694,197
42.100-Payments to Georgia Aviation Authority
Appropriation (HB 750)
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
$694,197
$694,197
$694,197
State General Funds
$694,197
$694,197
$694,197
TOTAL PUBLIC FUNDS
$694,197
$694,197
$694,197
Payments to Georgia Technology Authority
Continuation Budget
The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-
effective delivery of information technology services.
734
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
500.1 Increase funds to improve governance, risk, and compliance. State General Funds
$1,000,000
$1,000,000
$1,000,000
500.100-Payments to Georgia Technology Authority
Appropriation (HB 750)
The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-
effective delivery of information technology services.
TOTAL STATE FUNDS
$1,000,000
$1,000,000
$1,000,000
State General Funds
$1,000,000
$1,000,000
$1,000,000
TOTAL PUBLIC FUNDS
$1,000,000
$1,000,000
$1,000,000
The Department is authorized to assess no more than $73.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.
Section 13: Agriculture, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS 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
Section Total - Continuation
$46,312,441 $46,312,441
$46,312,441 $46,312,441
$7,196,157
$7,196,157
$7,196,157
$7,196,157
$1,601,353
$1,601,353
$1,190,182
$1,190,182
$1,190,182
$1,190,182
$411,171
$411,171
$411,171
$411,171
$225,000
$225,000
$225,000
$225,000
$225,000
$225,000
$55,334,951 $55,334,951
$46,312,441 $46,312,441
$7,196,157 $7,196,157 $1,601,353 $1,190,182 $1,190,182
$411,171 $411,171 $225,000 $225,000 $225,000 $55,334,951
Section Total - Final
TUESDAY, FEBRUARY 16, 2016
735
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
$46,342,725 $46,342,725
$7,196,157 $7,196,157 $1,601,353 $1,190,182 $1,190,182
$411,171 $411,171 $225,000 $225,000 $225,000 $55,365,235
$46,342,725 $46,342,725
$7,196,157 $7,196,157 $1,601,353 $1,190,182 $1,190,182
$411,171 $411,171 $225,000 $225,000 $225,000 $55,365,235
$46,342,725 $46,342,725
$7,196,157 $7,196,157 $1,601,353 $1,190,182 $1,190,182
$411,171 $411,171 $225,000 $225,000 $225,000 $55,365,235
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
$2,996,556 $2,996,556 $2,996,556
$2,996,556 $2,996,556 $2,996,556
$2,996,556 $2,996,556 $2,996,556
43.100 -Athens and Tifton Veterinary Laboratories
Appropriation (HB 750)
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
736
JOURNAL OF THE HOUSE
Consumer Protection
Continuation Budget
The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation,
processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite
consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic
products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries
(including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including
performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by
monitoring, inspecting, and regulating animal feed, pet food, and grains. 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
$26,330,934 $26,330,934
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $33,392,946
$26,330,934 $26,330,934
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $33,392,946
$26,330,934 $26,330,934
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $33,392,946
44.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$4,218
$4,218
$4,218
44.100-Consumer Protection
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
737
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
$26,335,152 $26,335,152
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $33,397,164
$26,335,152 $26,335,152
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $33,397,164
$26,335,152 $26,335,152
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $33,397,164
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
$4,617,804 $4,617,804 $4,617,804
$4,617,804 $4,617,804 $4,617,804
$4,617,804 $4,617,804 $4,617,804
45.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$600
$600
$600
45.100-Departmental Administration
Appropriation (HB 750)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$4,618,404
$4,618,404
$4,618,404
State General Funds
$4,618,404
$4,618,404
$4,618,404
TOTAL PUBLIC FUNDS
$4,618,404
$4,618,404
$4,618,404
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 AGENCY FUNDS
$5,893,145 $5,893,145
$411,171
$5,893,145 $5,893,145
$411,171
$5,893,145 $5,893,145
$411,171
738
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$411,171 $411,171 $6,304,316
$411,171 $411,171 $6,304,316
$411,171 $411,171 $6,304,316
46.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$972
$972
$972
46.100-Marketing and Promotion
Appropriation (HB 750)
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
$5,894,117
$5,894,117
$5,894,117
State General Funds
$5,894,117
$5,894,117
$5,894,117
TOTAL AGENCY FUNDS
$411,171
$411,171
$411,171
Sales and Services
$411,171
$411,171
$411,171
Sales and Services Not Itemized
$411,171
$411,171
$411,171
TOTAL PUBLIC FUNDS
$6,305,288
$6,305,288
$6,305,288
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
47.1 Increase funds for one-time funding for building repairs. State General Funds
$24,000
$24,000
$24,000
TUESDAY, FEBRUARY 16, 2016
739
47.100 -Poultry Veterinary Diagnostic Labs
Appropriation (HB 750)
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
$2,854,399
$2,854,399
$2,854,399
State General Funds
$2,854,399
$2,854,399
$2,854,399
TOTAL PUBLIC FUNDS
$2,854,399
$2,854,399
$2,854,399
Payments to Georgia Agricultural Exposition Authority
Continuation Budget
The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and
livestock events.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$973,518 $973,518 $973,518
$973,518 $973,518 $973,518
$973,518 $973,518 $973,518
48.100-Payments to Georgia Agricultural Exposition Authority
Appropriation (HB 750)
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
$973,518
$973,518
$973,518
State General Funds
$973,518
$973,518
$973,518
TOTAL PUBLIC FUNDS
$973,518
$973,518
$973,518
State Soil and Water Conservation Commission
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
49.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$494
$494
$494
49.98 Transfer funds from the State Soil and Water Conservation Commission: Administration, State Soil and Water Conservation Commission: Conservation of Agricultural Water, State Soil and Water Conservation Commission: Conservation of Soil and Water
740
JOURNAL OF THE HOUSE
Resources, State Soil and Water Conservation Commission: USDA Flood Control Watershed Structures, and State Soil and Water Conservation Commission: Water Resources and Land Use Planning programs to the State Soil and Water Conservation Commission.
State General Funds Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds:
$2,670,085 $359,145
$1,190,182 $4,219,412
$2,670,085 $359,145
$1,190,182 $4,219,412
$2,670,085 $359,145
$1,190,182 $4,219,412
49.99 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. Governor: 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
$0
49.100-State Soil and Water Conservation Commission
Appropriation (HB 750)
The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.
TOTAL STATE FUNDS
$2,670,579
$2,670,579
$2,670,579
State General Funds
$2,670,579
$2,670,579
$2,670,579
TOTAL FEDERAL FUNDS
$359,145
$359,145
$359,145
Federal Funds Not Itemized
$359,145
$359,145
$359,145
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
$4,219,906
$4,219,906
$4,219,906
State Soil and Water Conservation 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
$590,425 $590,425 $590,425
$590,425 $590,425 $590,425
$590,425 $590,425 $590,425
TUESDAY, FEBRUARY 16, 2016
741
50.98 Transfer funds from the State Soil and Water Conservation Commission: Administration program to the State Soil and Water Conservation Commission.
State General Funds
($590,425)
($590,425)
($590,425)
State Soil and Water Conservation Commission: Conservation of Agricultural Water
Continuation Budget
The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of
agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural
water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$268,136 $268,136 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,651,055
$268,136 $268,136 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,651,055
$268,136 $268,136 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,651,055
51.98 Transfer funds from the State Soil and Water Conservation Commission: Conservation of Agricultural Water program to the State Soil and Water Conservation Commission.
State General Funds Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds:
($268,136) ($192,737) ($1,190,182) ($1,651,055)
($268,136) ($192,737) ($1,190,182) ($1,651,055)
($268,136) ($192,737) ($1,190,182) ($1,651,055)
State Soil and Water Conservation Commission: 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
742
JOURNAL OF THE HOUSE
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 PUBLIC FUNDS
$1,579,302 $1,579,302
$166,408 $166,408 $1,745,710
$1,579,302 $1,579,302
$166,408 $166,408 $1,745,710
$1,579,302 $1,579,302
$166,408 $166,408 $1,745,710
52.98 Transfer funds from the State Soil and Water Conservation Commission: Conservation of Soil and Water Resources program to the State Soil and Water Conservation Commission.
State General Funds Federal Funds Not Itemized Total Public Funds:
($1,579,302) ($166,408)
($1,745,710)
($1,579,302) ($166,408)
($1,745,710)
($1,579,302) ($166,408)
($1,745,710)
State Soil and Water Conservation Commission: USDA 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
53.98 Transfer funds from the State Soil and Water Conservation Commission: USDA Flood Control Watershed Structures program to the State Soil and Water Conservation Commission.
State General Funds
($98,502)
($98,502)
($98,502)
State Soil and Water Conservation Commission: 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.
TUESDAY, FEBRUARY 16, 2016
743
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
54.98 Transfer funds from the State Soil and Water Conservation Commission: Water Resources and Land Use Planning program to the State Soil and Water Conservation Commission.
State General Funds
($133,720)
($133,720)
($133,720)
Section 14: Banking and Finance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$11,905,690 $11,905,690 $11,905,690 $11,905,690 $11,905,690 $11,905,690
$11,905,690 $11,905,690 $11,905,690
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$11,906,800 $11,906,800 $11,906,800
$11,906,800 $11,906,800 $11,906,800
$11,906,800 $11,906,800 $11,906,800
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
$2,322,612 $2,322,612 $2,322,612
$2,322,612 $2,322,612 $2,322,612
$2,322,612 $2,322,612 $2,322,612
55.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$1,110
$1,110
$1,110
55.100-Departmental Administration
Appropriation (HB 750)
The purpose of this appropriation is to provide administrative support to all department programs.
744
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,323,722 $2,323,722 $2,323,722
$2,323,722 $2,323,722 $2,323,722
$2,323,722 $2,323,722 $2,323,722
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
$7,561,890 $7,561,890 $7,561,890
$7,561,890 $7,561,890 $7,561,890
$7,561,890 $7,561,890 $7,561,890
56.100 -Financial Institution Supervision
Appropriation (HB 750)
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
$2,021,188 $2,021,188 $2,021,188
$2,021,188 $2,021,188 $2,021,188
$2,021,188 $2,021,188 $2,021,188
TUESDAY, FEBRUARY 16, 2016
745
57.100 -Non-Depository Financial Institution Supervision
Appropriation (HB 750)
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
$988,416,162 $988,416,162
State General Funds
$978,161,024 $978,161,024
Tobacco Settlement Funds
$10,255,138 $10,255,138
TOTAL FEDERAL FUNDS
$144,666,334 $144,666,334
Federal Funds Not Itemized
$5,081,397
$5,081,397
Community Mental Health Services Block Grant CFDA93.958
$14,163,709 $14,163,709
Medical Assistance Program CFDA93.778
$25,361,291 $25,361,291
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
$25,771,962 $25,771,962
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
$24,646,902 $24,646,902
Sales and Services Not Itemized
$24,646,902 $24,646,902
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$5,004,491
$5,004,491
State Funds Transfers
$4,956,393
$4,956,393
$988,416,162 $978,161,024 $10,255,138 $144,666,334
$5,081,397 $14,163,709 $25,361,291 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $25,771,962 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $24,646,902 $24,646,902 $5,004,491 $4,956,393
746
JOURNAL OF THE HOUSE
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 $1,163,858,949
$2,357,130 $2,599,263
$48,098 $48,098 $1,163,858,949
$2,357,130 $2,599,263
$48,098 $48,098 $1,163,858,949
Section Total - Final
TOTAL STATE FUNDS
$988,483,513
State General Funds
$978,228,375
Tobacco Settlement Funds
$10,255,138
TOTAL FEDERAL FUNDS
$144,666,334
Federal Funds Not Itemized
$5,081,397
Community Mental Health Services Block Grant CFDA93.958
$14,163,709
Medical Assistance Program CFDA93.778
$25,361,291
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
$25,771,962
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
$24,646,902
Sales and Services Not Itemized
$24,646,902
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
$988,483,513 $978,228,375 $10,255,138 $144,666,334
$5,081,397 $14,163,709 $25,361,291 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $25,771,962 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $24,646,902 $24,646,902 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098
$988,483,513 $978,228,375 $10,255,138 $144,666,334
$5,081,397 $14,163,709 $25,361,291 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $25,771,962 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $24,646,902 $24,646,902 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098
TUESDAY, FEBRUARY 16, 2016
747
Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$48,098
$48,098
$48,098
$1,163,926,300 $1,163,926,300 $1,163,926,300
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
TOTAL PUBLIC FUNDS
$45,207,774 $45,207,774 $44,254,231
$50,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $434,903 $200,000 $200,000 $234,903 $234,903
$89,896,908
$45,207,774 $45,207,774 $44,254,231
$50,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $434,903 $200,000 $200,000 $234,903 $234,903
$89,896,908
$45,207,774 $45,207,774 $44,254,231
$50,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $434,903 $200,000 $200,000 $234,903 $234,903
$89,896,908
58.100 -Adult Addictive Diseases Services
Appropriation (HB 750)
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
$44,254,231 $44,254,231 $44,254,231
Medical Assistance Program CFDA93.778
$50,000
$50,000
$50,000
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
748
JOURNAL OF THE HOUSE
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 TOTAL PUBLIC FUNDS
$528,000 $11,568,720
$434,903 $200,000 $200,000 $234,903 $234,903 $89,896,908
$528,000 $11,568,720
$434,903 $200,000 $200,000 $234,903 $234,903 $89,896,908
$528,000 $11,568,720
$434,903 $200,000 $200,000 $234,903 $234,903 $89,896,908
Adult Developmental Disabilities Services
Continuation Budget
The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional
care, community support and respite, job readiness, training, and a crisis and access line.
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$286,219,960 $275,964,822 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $342,160,713
$286,219,960 $275,964,822 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $342,160,713
$286,219,960 $275,964,822 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $342,160,713
59.100-Adult Developmental Disabilities Services
Appropriation (HB 750)
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
$286,219,960 $286,219,960 $286,219,960
State General Funds
$275,964,822 $275,964,822 $275,964,822
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
TUESDAY, FEBRUARY 16, 2016
749
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$12,960,000 $12,960,000 $12,960,000 $342,160,713
$12,960,000 $12,960,000 $12,960,000 $342,160,713
$12,960,000 $12,960,000 $12,960,000 $342,160,713
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
$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
$91,100,073 $91,100,073
$26,500 $26,500 $26,500 $91,126,573
60.100 -Adult Forensic Services
Appropriation (HB 750)
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
$91,100,073 $91,100,073 $91,100,073
State General Funds
$91,100,073 $91,100,073 $91,100,073
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
$91,126,573 $91,126,573 $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.
750
JOURNAL OF THE HOUSE
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
$351,717,528 $351,717,528 $11,858,953
$3,062,355 $6,726,178 $2,070,420 $1,090,095 $1,090,095 $1,090,095 $364,666,576
$351,717,528 $351,717,528 $11,858,953
$3,062,355 $6,726,178 $2,070,420 $1,090,095 $1,090,095 $1,090,095 $364,666,576
$351,717,528 $351,717,528 $11,858,953
$3,062,355 $6,726,178 $2,070,420 $1,090,095 $1,090,095 $1,090,095 $364,666,576
61.100 -Adult Mental Health Services
Appropriation (HB 750)
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
$351,717,528 $351,717,528 $351,717,528
State General Funds
$351,717,528 $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
$1,090,095
$1,090,095
$1,090,095
Sales and Services
$1,090,095
$1,090,095
$1,090,095
Sales and Services Not Itemized
$1,090,095
$1,090,095
$1,090,095
TOTAL PUBLIC FUNDS
$364,666,576 $364,666,576 $364,666,576
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
$3,281,399 $3,281,399 $7,928,149
$50,000
$3,281,399 $3,281,399 $7,928,149
$50,000
$3,281,399 $3,281,399 $7,928,149
$50,000
TUESDAY, FEBRUARY 16, 2016
751
Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS
$7,878,149 $11,209,548
$7,878,149 $11,209,548
$7,878,149 $11,209,548
62.100-Child and Adolescent Addictive Diseases Services
Appropriation (HB 750)
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
$7,928,149
$7,928,149
$7,928,149
Medical Assistance Program CFDA93.778
$50,000
$50,000
$50,000
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$7,878,149
$7,878,149
$7,878,149
TOTAL PUBLIC FUNDS
$11,209,548 $11,209,548 $11,209,548
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
$8,840,683 $8,840,683 $3,588,692 $3,588,692 $12,429,375
$8,840,683 $8,840,683 $3,588,692 $3,588,692 $12,429,375
$8,840,683 $8,840,683 $3,588,692 $3,588,692 $12,429,375
63.100-Child and Adolescent Developmental Disabilities
Appropriation (HB 750)
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
752
JOURNAL OF THE HOUSE
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
$5,230,226 $5,230,226 $5,230,226
$5,230,226 $5,230,226 $5,230,226
$5,230,226 $5,230,226 $5,230,226
64.100 -Child and Adolescent Forensic Services
Appropriation (HB 750)
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.
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
$49,342,643 $49,342,643 $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 $62,336,939
$49,342,643 $49,342,643 $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 $62,336,939
$49,342,643 $49,342,643 $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 $62,336,939
TUESDAY, FEBRUARY 16, 2016
753
65.100 -Child and Adolescent Mental Health Services
Appropriation (HB 750)
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
Agency to Agency Contracts
$2,536,683
$2,536,683
$2,536,683
Federal Funds Transfers
$48,098
$48,098
$48,098
Federal Fund Transfers Not Itemized
$48,098
$48,098
$48,098
TOTAL PUBLIC FUNDS
$62,336,939 $62,336,939 $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
$37,465,230 $37,465,230 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $49,202,947
$37,465,230 $37,465,230 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $49,202,947
$37,465,230 $37,465,230 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $49,202,947
754
JOURNAL OF THE HOUSE
66.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$67,351
$67,351
$67,351
66.100-Departmental Administration-Behavioral Health
Appropriation (HB 750)
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
$37,532,581 $37,532,581 $37,532,581
State General Funds
$37,532,581 $37,532,581 $37,532,581
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
$49,270,298 $49,270,298 $49,270,298
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
$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
$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
TUESDAY, FEBRUARY 16, 2016
755
67.100 -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 750)
$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
$234,588 $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
68.100-Substance Abuse Prevention
Appropriation (HB 750)
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
$234,588
$234,588
$234,588
State General Funds
$234,588
$234,588
$234,588
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
$10,231,003 $10,231,003 $10,231,003
756
JOURNAL OF THE HOUSE
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 $2,019,042 $2,019,042 $2,263,195
$244,153 $244,153 $2,019,042 $2,019,042 $2,263,195
$244,153 $244,153 $2,019,042 $2,019,042 $2,263,195
69.100-Developmental Disabilities, Georgia Council on
Appropriation (HB 750)
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
$2,019,042
$2,019,042
$2,019,042
Federal Funds Not Itemized
$2,019,042
$2,019,042
$2,019,042
TOTAL PUBLIC FUNDS
$2,263,195
$2,263,195
$2,263,195
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
$673,381 $673,381 $673,381
$673,381 $673,381 $673,381
$673,381 $673,381 $673,381
70.100 -Sexual Offender Review Board
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
757
Section 16: Community Affairs, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Section Total - Continuation
$71,890,242 $71,890,242
$71,890,242 $71,890,242
$192,544,116 $192,544,116
$192,544,116 $192,544,116
$15,952,778 $15,952,778
$440,951
$440,951
$440,951
$440,951
$14,756,490 $14,756,490
$14,756,490 $14,756,490
$755,337
$755,337
$755,337
$755,337
$206,374
$206,374
$191,520
$191,520
$191,520
$191,520
$14,854
$14,854
$14,854
$14,854
$280,593,510 $280,593,510
$71,890,242 $71,890,242 $192,544,116 $192,544,116 $15,952,778
$440,951 $440,951 $14,756,490 $14,756,490 $755,337 $755,337 $206,374 $191,520 $191,520
$14,854 $14,854 $280,593,510
Section Total - Final
$90,291,248 $90,291,248 $192,544,116 $192,544,116 $15,952,778
$440,951 $440,951 $14,756,490 $14,756,490 $755,337 $755,337 $206,374
$90,291,248 $90,291,248 $192,544,116 $192,544,116 $15,952,778
$440,951 $440,951 $14,756,490 $14,756,490 $755,337 $755,337 $206,374
$90,091,248 $90,091,248 $192,544,116 $192,544,116 $15,952,778
$440,951 $440,951 $14,756,490 $14,756,490 $755,337 $755,337 $206,374
758
JOURNAL OF THE HOUSE
State Funds Transfers Agency to Agency Contracts
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$191,520 $191,520
$14,854 $14,854 $298,994,516
$191,520 $191,520
$14,854 $14,854 $298,994,516
$191,520 $191,520
$14,854 $14,854 $298,794,516
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$246,966 $246,966 $224,020 $224,020 $224,020 $470,986
$246,966 $246,966 $224,020 $224,020 $224,020 $470,986
$246,966 $246,966 $224,020 $224,020 $224,020 $470,986
71.100 -Building Construction
Appropriation (HB 750)
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 AGENCY FUNDS
$224,020
$224,020
$224,020
Sales and Services
$224,020
$224,020
$224,020
Sales and Services Not Itemized
$224,020
$224,020
$224,020
TOTAL PUBLIC FUNDS
$470,986
$470,986
$470,986
TUESDAY, FEBRUARY 16, 2016
759
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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,773,704 $3,773,704
$242,503 $242,503
$60,190 $60,190 $60,190 $4,076,397
$3,773,704 $3,773,704
$242,503 $242,503
$60,190 $60,190 $60,190 $4,076,397
$3,773,704 $3,773,704
$242,503 $242,503
$60,190 $60,190 $60,190 $4,076,397
72.100 -Coordinated Planning
Appropriation (HB 750)
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
$3,773,704
$3,773,704
$3,773,704
State General Funds
$3,773,704
$3,773,704
$3,773,704
TOTAL FEDERAL FUNDS
$242,503
$242,503
$242,503
Federal Funds Not Itemized
$242,503
$242,503
$242,503
TOTAL AGENCY FUNDS
$60,190
$60,190
$60,190
Sales and Services
$60,190
$60,190
$60,190
Sales and Services Not Itemized
$60,190
$60,190
$60,190
TOTAL PUBLIC FUNDS
$4,076,397
$4,076,397
$4,076,397
Departmental Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support for all programs of the department.
760
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 Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,128,518 $1,128,518 $3,348,158 $3,348,158 $3,298,215
$110,951 $110,951 $2,975,476 $2,975,476 $211,788 $211,788
$14,854 $14,854 $14,854 $7,789,745
$1,128,518 $1,128,518 $3,348,158 $3,348,158 $3,298,215
$110,951 $110,951 $2,975,476 $2,975,476 $211,788 $211,788
$14,854 $14,854 $14,854 $7,789,745
$1,128,518 $1,128,518 $3,348,158 $3,348,158 $3,298,215
$110,951 $110,951 $2,975,476 $2,975,476 $211,788 $211,788
$14,854 $14,854 $14,854 $7,789,745
73.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$763
$763
$763
73.100-Departmental Administration
Appropriation (HB 750)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$1,129,281
$1,129,281
$1,129,281
State General Funds
$1,129,281
$1,129,281
$1,129,281
TOTAL FEDERAL FUNDS
$3,348,158
$3,348,158
$3,348,158
Federal Funds Not Itemized
$3,348,158
$3,348,158
$3,348,158
TOTAL AGENCY FUNDS
$3,298,215
$3,298,215
$3,298,215
Reserved Fund Balances
$110,951
$110,951
$110,951
Reserved Fund Balances Not Itemized
$110,951
$110,951
$110,951
Intergovernmental Transfers
$2,975,476
$2,975,476
$2,975,476
Intergovernmental Transfers Not Itemized
$2,975,476
$2,975,476
$2,975,476
Sales and Services
$211,788
$211,788
$211,788
Sales and Services Not Itemized
$211,788
$211,788
$211,788
TUESDAY, FEBRUARY 16, 2016
761
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$14,854 $14,854 $14,854 $7,790,508
$14,854 $14,854 $14,854 $7,790,508
$14,854 $14,854 $14,854 $7,790,508
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
$1,604,758 $1,604,758 $51,572,530 $51,572,530
$305,415 $275,415 $275,415
$30,000 $30,000 $53,482,703
$1,604,758 $1,604,758 $51,572,530 $51,572,530
$305,415 $275,415 $275,415
$30,000 $30,000 $53,482,703
$1,604,758 $1,604,758 $51,572,530 $51,572,530
$305,415 $275,415 $275,415
$30,000 $30,000 $53,482,703
74.100-Federal Community and Economic Development Programs
Appropriation (HB 750)
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
$51,572,530 $51,572,530 $51,572,530
Federal Funds Not Itemized
$51,572,530 $51,572,530 $51,572,530
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
$53,482,703 $53,482,703 $53,482,703
762
JOURNAL OF THE HOUSE
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 $8,768,721 $8,768,721 $5,574,739 $5,574,739 $5,574,739 $14,343,460
$0 $0 $8,768,721 $8,768,721 $5,574,739 $5,574,739 $5,574,739 $14,343,460
$0 $0 $8,768,721 $8,768,721 $5,574,739 $5,574,739 $5,574,739 $14,343,460
75.100 -Homeownership Programs
Appropriation (HB 750)
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
$8,768,721 $8,768,721 $5,574,739 $5,574,739 $5,574,739 $14,343,460
$8,768,721 $8,768,721 $5,574,739 $5,574,739 $5,574,739 $14,343,460
$8,768,721 $8,768,721 $5,574,739 $5,574,739 $5,574,739 $14,343,460
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.
TUESDAY, FEBRUARY 16, 2016
763
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
76.100 -Regional Services
Appropriation (HB 750)
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
$1,055,291
$1,055,291
$1,055,291
State General Funds
$1,055,291
$1,055,291
$1,055,291
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
$1,351,941
$1,351,941
$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.
764
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
$0 $0 $126,017,466 $126,017,466 $4,969,527 $4,890,638 $4,890,638 $78,889 $78,889 $130,986,993
$0 $0 $126,017,466 $126,017,466 $4,969,527 $4,890,638 $4,890,638 $78,889 $78,889 $130,986,993
$0 $0 $126,017,466 $126,017,466 $4,969,527 $4,890,638 $4,890,638 $78,889 $78,889 $130,986,993
77.100-Rental Housing Programs
Appropriation (HB 750)
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
$126,017,466 $126,017,466
$4,969,527 $4,890,638 $4,890,638
$78,889 $78,889 $130,986,993
$126,017,466 $126,017,466
$4,969,527 $4,890,638 $4,890,638
$78,889 $78,889 $130,986,993
$126,017,466 $126,017,466
$4,969,527 $4,890,638 $4,890,638
$78,889 $78,889 $130,986,993
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 AGENCY FUNDS
$396,775 $396,775
$42,213
$396,775 $396,775
$42,213
$396,775 $396,775
$42,213
TUESDAY, FEBRUARY 16, 2016
765
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$42,213 $42,213 $438,988
$42,213 $42,213 $438,988
$42,213 $42,213 $438,988
78.100-Research and Surveys
Appropriation (HB 750)
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 AGENCY FUNDS
$42,213
$42,213
$42,213
Sales and Services
$42,213
$42,213
$42,213
Sales and Services Not Itemized
$42,213
$42,213
$42,213
TOTAL PUBLIC FUNDS
$438,988
$438,988
$438,988
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 Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
$2,962,892 $2,962,892 $2,391,738 $2,391,738
$753,852 $330,000 $330,000 $398,852 $398,852
$25,000 $25,000 $191,520 $191,520
$2,962,892 $2,962,892 $2,391,738 $2,391,738
$753,852 $330,000 $330,000 $398,852 $398,852
$25,000 $25,000 $191,520 $191,520
$2,962,892 $2,962,892 $2,391,738 $2,391,738
$753,852 $330,000 $330,000 $398,852 $398,852
$25,000 $25,000 $191,520 $191,520
766
JOURNAL OF THE HOUSE
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$191,520 $6,300,002
$191,520 $6,300,002
$191,520 $6,300,002
79.100 -Special Housing Initiatives
Appropriation (HB 750)
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
$2,391,738
$2,391,738
$2,391,738
Federal Funds Not Itemized
$2,391,738
$2,391,738
$2,391,738
TOTAL AGENCY FUNDS
$753,852
$753,852
$753,852
Reserved Fund Balances
$330,000
$330,000
$330,000
Reserved Fund Balances Not Itemized
$330,000
$330,000
$330,000
Intergovernmental Transfers
$398,852
$398,852
$398,852
Intergovernmental Transfers Not Itemized
$398,852
$398,852
$398,852
Sales and Services
$25,000
$25,000
$25,000
Sales and Services Not Itemized
$25,000
$25,000
$25,000
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$191,520
$191,520
$191,520
State Funds Transfers
$191,520
$191,520
$191,520
Agency to Agency Contracts
$191,520
$191,520
$191,520
TOTAL PUBLIC FUNDS
$6,300,002
$6,300,002
$6,300,002
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
$764,225 $764,225 $149,849 $149,849 $149,849 $914,074
$764,225 $764,225 $149,849 $149,849 $149,849 $914,074
$764,225 $764,225 $149,849 $149,849 $149,849 $914,074
TUESDAY, FEBRUARY 16, 2016
767
80.100 -State Community Development Programs
Appropriation (HB 750)
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
$149,849
$149,849
$149,849
Intergovernmental Transfers
$149,849
$149,849
$149,849
Intergovernmental Transfers Not Itemized
$149,849
$149,849
$149,849
TOTAL PUBLIC FUNDS
$914,074
$914,074
$914,074
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
$26,092,153 $26,092,153
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $26,427,740
$26,092,153 $26,092,153
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $26,427,740
$26,092,153 $26,092,153
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $26,427,740
81.100-State Economic Development Programs
Appropriation (HB 750)
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
$26,092,153 $26,092,153 $26,092,153
State General Funds
$26,092,153 $26,092,153 $26,092,153
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
768
JOURNAL OF THE HOUSE
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$171,000 $171,000
$69,587 $69,587 $26,427,740
$171,000 $171,000
$69,587 $69,587 $26,427,740
$171,000 $171,000
$69,587 $69,587 $26,427,740
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
$983,495 $983,495 $983,495
$983,495 $983,495 $983,495
$983,495 $983,495 $983,495
82.100-Payments to Georgia Environmental Finance Authority
Appropriation (HB 750)
The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.
TOTAL STATE FUNDS
$983,495
$983,495
$983,495
State General Funds
$983,495
$983,495
$983,495
TOTAL PUBLIC FUNDS
$983,495
$983,495
$983,495
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
$12,881,465 $12,881,465 $12,881,465
$12,881,465 $12,881,465 $12,881,465
$12,881,465 $12,881,465 $12,881,465
83.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$243
$243
$243
TUESDAY, FEBRUARY 16, 2016
769
83.2 Reduce funds to recognize fuel savings. State General Funds
($200,000)
83.100 -Payments to Georgia Regional Transportation Authority
Appropriation (HB 750)
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
$12,881,708 $12,881,708 $12,681,708
State General Funds
$12,881,708 $12,881,708 $12,681,708
TOTAL PUBLIC FUNDS
$12,881,708 $12,881,708 $12,681,708
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
$145,521 $145,521 $145,521 $20,145,521
$20,000,000 $20,000,000
$145,521 $145,521 $145,521 $20,145,521
$20,000,000 $20,000,000
$145,521 $145,521 $145,521 $20,145,521
84.1 Increase funds for one-time funding for the construction of a seawall on Hutchinson Island in Savannah.
State General Funds
$3,500,000
$3,500,000
$3,500,000
84.2 Increase funds to provide additional competitive grants to local school systems for broadband internet connectivity through the Connections for Classrooms program and increase funds for live online instruction and other digital platforms for students and teachers.
State General Funds
$14,900,000 $14,900,000 $14,900,000
84.100-Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS
State General Funds
$38,400,000 $38,400,000
Appropriation (HB 750)
$38,400,000 $38,400,000
$38,400,000 $38,400,000
770
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
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 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 Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$145,521 $145,521 $145,521 $38,545,521
$145,521 $145,521 $145,521 $38,545,521
$145,521 $145,521 $145,521 $38,545,521
Section Total - Continuation
$3,046,290,885 $3,046,290,885 $3,046,290,885
$2,496,098,053 $2,496,098,053 $2,496,098,053
$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
$6,939,516,559 $6,939,516,559 $6,939,516,559
$26,643,401 $26,643,401 $26,643,401
$6,487,292,180 $6,487,292,180 $6,487,292,180
$425,580,978 $425,580,978 $425,580,978
$220,957,828 $220,957,828 $220,957,828
$214,057,828 $214,057,828 $214,057,828
$214,057,828 $214,057,828 $214,057,828
$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
$3,502,278,480 $3,502,278,480 $3,502,278,480
$3,501,948,480 $3,501,948,480 $3,501,948,480
$1,168,519
$1,168,519
$1,168,519
$3,219,922,699 $3,219,922,699 $3,219,922,699
$280,857,262 $280,857,262 $280,857,262
$330,000
$330,000
$330,000
$330,000
$330,000
$330,000
$13,709,043,752 $13,709,043,752 $13,709,043,752
TUESDAY, FEBRUARY 16, 2016
771
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 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 Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
Section Total - Final
$3,141,203,326 $3,141,114,547 $3,140,956,930
$2,593,193,745 $2,593,104,966 $2,592,947,349
$107,785,006 $107,785,006 $107,785,006
$167,969,114 $167,969,114 $167,969,114
$272,255,461 $272,255,461 $272,255,461
$6,972,988,903 $6,972,988,903 $6,972,988,903
$26,643,401 $26,643,401 $26,643,401
$6,688,184,243 $6,688,184,243 $6,688,184,243
$258,161,259 $258,161,259 $258,161,259
$220,957,828 $220,957,828 $220,957,828
$214,057,828 $214,057,828 $214,057,828
$214,057,828 $214,057,828 $214,057,828
$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
$3,516,870,434 $3,516,870,434 $3,516,870,434
$3,516,540,434 $3,516,540,434 $3,516,540,434
$1,168,519
$1,168,519
$1,168,519
$3,234,514,653 $3,234,514,653 $3,234,514,653
$280,857,262 $280,857,262 $280,857,262
$330,000
$330,000
$330,000
$330,000
$330,000
$330,000
$13,852,020,491 $13,851,931,712 $13,851,774,095
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
$65,283,852 $65,283,852 $296,140,528
$1,921,233
$65,283,852 $65,283,852 $296,140,528
$1,921,233
$65,283,852 $65,283,852 $296,140,528
$1,921,233
772
JOURNAL OF THE HOUSE
Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS 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
Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$267,962,627 $26,256,668
$3,300,000 $3,300,000 $3,300,000 $22,810,104 $22,480,104 $1,168,519 $21,311,585
$330,000 $330,000 $387,534,484
$267,962,627 $26,256,668
$3,300,000 $3,300,000 $3,300,000 $22,810,104 $22,480,104 $1,168,519 $21,311,585
$330,000 $330,000 $387,534,484
$267,962,627 $26,256,668
$3,300,000 $3,300,000 $3,300,000 $22,810,104 $22,480,104 $1,168,519 $21,311,585
$330,000 $330,000 $387,534,484
85.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$3,520
$3,520
$3,520
85.2 Increase funds to comply with the Patient Protection and Affordable Care Act (PPACA) requirement that 1095-B forms be provided to individuals enrolled in PeachCare or Medicaid.
State General Funds Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 Total Public Funds:
$1,817,591 $1,817,591
$265,734 $3,900,916
$1,817,591 $1,817,591
$265,734 $3,900,916
$1,817,591 $1,817,591
$265,734 $3,900,916
85.3 Replace the loss of federal funds for the Medicaid Management Information System (MMIS).
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$2,155,857 ($2,155,857)
$0
$2,155,857 ($2,155,857)
$0
$2,155,857 ($2,155,857)
$0
85.100-Departmental Administration and Program Support
Appropriation (HB 750)
The purpose of this appropriation is to provide administrative support to all departmental programs.
TOTAL STATE FUNDS
$69,260,820 $69,260,820 $69,260,820
State General Funds
$69,260,820 $69,260,820 $69,260,820
TUESDAY, FEBRUARY 16, 2016
773
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS 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 Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$296,067,996 $1,921,233
$267,624,361 $26,522,402
$3,300,000 $3,300,000 $3,300,000 $22,810,104 $22,480,104 $1,168,519 $21,311,585
$330,000 $330,000 $391,438,920
$296,067,996 $1,921,233
$267,624,361 $26,522,402
$3,300,000 $3,300,000 $3,300,000 $22,810,104 $22,480,104 $1,168,519 $21,311,585
$330,000 $330,000 $391,438,920
$296,067,996 $1,921,233
$267,624,361 $26,522,402
$3,300,000 $3,300,000 $3,300,000 $22,810,104 $22,480,104 $1,168,519 $21,311,585
$330,000 $330,000 $391,438,920
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
$812,629 $812,629 $812,629
$812,629 $812,629 $812,629
$812,629 $812,629 $812,629
86.100-Georgia Board of Dentistry
Appropriation (HB 750)
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
$812,629
$812,629
$812,629
State General Funds
$812,629
$812,629
$812,629
TOTAL PUBLIC FUNDS
$812,629
$812,629
$812,629
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.
774
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$750,826 $750,826 $750,826
$750,826 $750,826 $750,826
$750,826 $750,826 $750,826
87.100-Georgia State Board of Pharmacy
Appropriation (HB 750)
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
$750,826
$750,826
$750,826
State General Funds
$750,826
$750,826
$750,826
TOTAL PUBLIC FUNDS
$750,826
$750,826
$750,826
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
$10,662,932 $10,662,932 $16,446,551 $16,030,301
$416,250 $27,109,483
$10,662,932 $10,662,932 $16,446,551 $16,030,301
$416,250 $27,109,483
$10,662,932 $10,662,932 $16,446,551 $16,030,301
$416,250 $27,109,483
88.100 -Health Care Access and Improvement
Appropriation (HB 750)
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
$10,662,932 $10,662,932 $10,662,932
State General Funds
$10,662,932 $10,662,932 $10,662,932
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
$27,109,483 $27,109,483 $27,109,483
TUESDAY, FEBRUARY 16, 2016
775
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
$10,929,096 $10,929,096
$9,638,318 $5,904,653 $3,733,665
$100,000 $100,000 $100,000 $20,667,414
$10,929,096 $10,929,096
$9,638,318 $5,904,653 $3,733,665
$100,000 $100,000 $100,000 $20,667,414
$10,929,096 $10,929,096
$9,638,318 $5,904,653 $3,733,665
$100,000 $100,000 $100,000 $20,667,414
89.1 Reduce funds to meet projected expenditures. State General Funds
($119,000)
89.100 -Healthcare Facility Regulation
Appropriation (HB 750)
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 $10,810,096
State General Funds
$10,929,096 $10,929,096 $10,810,096
TOTAL FEDERAL FUNDS
$9,638,318
$9,638,318
$9,638,318
Federal Funds Not Itemized
$5,904,653
$5,904,653
$5,904,653
Medical Assistance Program CFDA93.778
$3,733,665
$3,733,665
$3,733,665
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 $20,548,414
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.
776
JOURNAL OF THE HOUSE
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 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493
$0 $0 $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493
$0 $0 $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493
90.1 Increase funds to provide the state match for Disproportionate Share Hospital (DSH) payments for private deemed and nondeemed hospitals.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$14,668,976 $30,327,882 $44,996,858
$14,668,976 $30,327,882 $44,996,858
$14,668,976 $30,327,882 $44,996,858
90.100 -Indigent Care Trust Fund
Appropriation (HB 750)
The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals that serve medically indigent
Georgians.
TOTAL STATE FUNDS
$14,668,976 $14,668,976 $14,668,976
State General Funds
$14,668,976 $14,668,976 $14,668,976
TOTAL FEDERAL FUNDS
$287,403,851 $287,403,851 $287,403,851
Medical Assistance Program CFDA93.778
$287,403,851 $287,403,851 $287,403,851
TOTAL AGENCY FUNDS
$142,586,524 $142,586,524 $142,586,524
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
$444,659,351 $444,659,351 $444,659,351
TUESDAY, FEBRUARY 16, 2016
777
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.
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
$1,581,476,106 $1,384,886,844
$167,969,114 $28,620,148 $3,338,438,002
$2,787,214 $3,335,650,788
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,249,545,728
$1,581,476,106 $1,384,886,844
$167,969,114 $28,620,148 $3,338,438,002
$2,787,214 $3,335,650,788
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,249,545,728
$1,581,476,106 $1,384,886,844
$167,969,114 $28,620,148 $3,338,438,002
$2,787,214 $3,335,650,788
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,249,545,728
91.1 Increase funds to reflect the projected increase in the Medicare Part D Clawback payment.
State General Funds
$4,157,276
$4,157,276
91.2 Reduce funds for growth in Medicaid based on projected need.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
($29,497,059) ($60,984,717) ($90,481,776)
($29,497,059) ($60,984,717) ($90,481,776)
91.3 Increase funds for the hold harmless provision in Medicare Part B premiums.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$13,081,365 $27,231,008 $40,312,373
$13,081,365 $27,231,008 $40,312,373
$4,044,497
($29,497,059) ($60,984,717) ($90,481,776)
$13,081,365 $27,231,008 $40,312,373
778
JOURNAL OF THE HOUSE
91.4 Increase funds to cover expenses related to higher pharmacy costs of Hepatitis C drugs ($23,129,866) and Cystic Fibrosis drugs ($3,390,400).
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$26,520,266 $55,155,645 $81,675,911
$26,520,266 $55,155,645 $81,675,911
$26,520,266 $55,155,645 $81,675,911
91.100 -Medicaid: Aged, Blind, and Disabled
Appropriation (HB 750)
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
$1,595,737,954 $1,595,737,954 $1,595,625,175
State General Funds
$1,399,148,692 $1,399,148,692 $1,399,035,913
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
$3,359,839,938 $3,359,839,938 $3,359,839,938
Federal Funds Not Itemized
$2,787,214
$2,787,214
$2,787,214
Medical Assistance Program CFDA93.778
$3,357,052,724 $3,357,052,724 $3,357,052,724
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
$5,285,209,512 $5,285,209,512 $5,285,096,733
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
$1,285,085,321 $933,308,971 $109,968,257 $241,808,093
$1,285,085,321 $933,308,971 $109,968,257 $241,808,093
$1,285,085,321 $933,308,971 $109,968,257 $241,808,093
TUESDAY, FEBRUARY 16, 2016
779
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
$2,622,452,881 $2,622,452,881
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,933,283,365
$2,622,452,881 $2,622,452,881
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,933,283,365
$2,622,452,881 $2,622,452,881
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,933,283,365
92.1 Increase funds for growth in Medicaid based on projected need.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
92.2 Replace funds.
State General Funds Tobacco Settlement Funds Total Public Funds:
$72,310,336 $149,500,511 $221,810,847
$72,310,336 $149,500,511 $221,810,847
$72,310,336 $149,500,511 $221,810,847
$2,183,251 ($2,183,251)
$0
$2,183,251 ($2,183,251)
$0
$2,183,251 ($2,183,251)
$0
92.100 -Medicaid: Low-Income Medicaid
Appropriation (HB 750)
The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.
TOTAL STATE FUNDS
$1,357,395,657 $1,357,395,657 $1,357,395,657
State General Funds
$1,007,802,558 $1,007,802,558 $1,007,802,558
Tobacco Settlement Funds
$107,785,006 $107,785,006 $107,785,006
Hospital Provider Fee
$241,808,093 $241,808,093 $241,808,093
TOTAL FEDERAL FUNDS
$2,771,953,392 $2,771,953,392 $2,771,953,392
Medical Assistance Program CFDA93.778
$2,771,953,392 $2,771,953,392 $2,771,953,392
TOTAL AGENCY FUNDS
$12,328,316 $12,328,316 $12,328,316
Intergovernmental Transfers
$12,328,316 $12,328,316 $12,328,316
Hospital Authorities
$12,328,316 $12,328,316 $12,328,316
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$13,416,847 $13,416,847 $13,416,847
State Funds Transfers
$13,416,847 $13,416,847 $13,416,847
780
JOURNAL OF THE HOUSE
Optional Medicaid Services Payments TOTAL PUBLIC FUNDS
$13,416,847 $13,416,847 $13,416,847 $4,155,094,212 $4,155,094,212 $4,155,094,212
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
$24,648,601 $22,821,381
$1,827,220 $399,324,310 $399,324,310
$151,783 $151,783 $151,783 $424,124,694
$24,648,601 $22,821,381
$1,827,220 $399,324,310 $399,324,310
$151,783 $151,783 $151,783 $424,124,694
$24,648,601 $22,821,381
$1,827,220 $399,324,310 $399,324,310
$151,783 $151,783 $151,783 $424,124,694
93.1 Reduce funds for growth in PeachCare based on projected need.
State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:
($10,305,687) ($10,305,687) ($10,305,687) ($167,685,453) ($167,685,453) ($167,685,453) ($177,991,140) ($177,991,140) ($177,991,140)
93.100 -PeachCare
Appropriation (HB 750)
The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.
TOTAL STATE FUNDS
$14,342,914 $14,342,914 $14,342,914
State General Funds
$12,515,694 $12,515,694 $12,515,694
Hospital Provider Fee
$1,827,220
$1,827,220
$1,827,220
TOTAL FEDERAL FUNDS
$231,638,857 $231,638,857 $231,638,857
State Children's Insurance Program CFDA93.767
$231,638,857 $231,638,857 $231,638,857
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
$246,133,554 $246,133,554 $246,133,554
TUESDAY, FEBRUARY 16, 2016
781
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 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114
$0 $0 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114
$0 $0 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114
94.1 Increase funds for Medicare Advantage plans effective January 1, 2016.
Health Insurance Payments
$45,800,000 $45,800,000 $45,800,000
94.2 Increase funds to reflect updated projections for membership, medical services utilization, and medical trend changes.
Health Insurance Payments
$31,105,104 $31,105,104 $31,105,104
94.3 Reduce funds for the reduction in employee contribution rates effective January 1, 2016.
Health Insurance Payments
($5,550,000) ($5,550,000) ($5,550,000)
94.4 Reduce funds to reflect the delay of the scheduled increase of the employer contribution rate for non-certificated school service employees from July 1, 2015 to January 1, 2016.
Health Insurance Payments
($56,763,150) ($56,763,150) ($56,763,150)
94.100-State Health Benefit Plan
Appropriation (HB 750)
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
$3,213,203,068 $3,213,203,068 $3,213,203,068 $3,213,203,068
$3,213,203,068 $3,213,203,068 $3,213,203,068 $3,213,203,068
$3,213,203,068 $3,213,203,068 $3,213,203,068 $3,213,203,068
782
JOURNAL OF THE HOUSE
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
$659,458 $659,458 $659,458
$659,458 $659,458 $659,458
$659,458 $659,458 $659,458
95.1 Transfer funds from the Georgia Board for Physician Workforce: Graduate Medical Education program to the Georgia Board for Physician Workforce: Board Administration program to reflect projected expenditures.
State General Funds
$30,000
$35,000
95.2 Transfer funds from the Georgia Board for Physician Workforce: Graduate Medical Education program to the Georgia Board for Physician Workforce: Board Administration program for two additional staff positions, including a statistical analyst and an operations analyst.
State General Funds
$69,162
95.100-Physician Workforce, Georgia Board for: Board Administration
The purpose of this appropriation is to provide administrative support to all agency programs.
TOTAL STATE FUNDS
$659,458
State General Funds
$659,458
TOTAL PUBLIC FUNDS
$659,458
Appropriation (HB 750)
$689,458 $689,458 $689,458
$763,620 $763,620 $763,620
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
$10,014,219 $10,014,219 $10,014,219
$10,014,219 $10,014,219 $10,014,219
$10,014,219 $10,014,219 $10,014,219
96.1 Reduce funds for contract savings. State General Funds
($88,779)
($14,617)
TUESDAY, FEBRUARY 16, 2016
783
96.2 Transfer funds from the Georgia Board for Physician Workforce: Graduate Medical Education program to the Georgia Board for Physician Workforce: Board Administration program to reflect projected expenditures.
State General Funds
($30,000)
($35,000)
96.3 Transfer funds from the Georgia Board for Physician Workforce: Graduate Medical Education program to the Georgia Board for Physician Workforce: Board Administration program for two additional staff positions, including a statistical analyst and an operations analyst.
State General Funds
($69,162)
96.100 -Physician Workforce, Georgia Board for: Graduate Medical Education
Appropriation (HB 750)
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
$10,014,219
$9,895,440
$9,895,440
State General Funds
$10,014,219
$9,895,440
$9,895,440
TOTAL PUBLIC FUNDS
$10,014,219
$9,895,440
$9,895,440
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
$24,039,911 $24,039,911 $24,039,911
$24,039,911 $24,039,911 $24,039,911
$24,039,911 $24,039,911 $24,039,911
97.1 Utilize existing funds ($1,020,000) to support primary care three-year accelerated track programs. (H:YES)(S:YES)
State General Funds
$0
$0
97.100-Physician Workforce, Georgia Board for: Mercer School of Medicine Grant
Appropriation (HB 750)
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.
784
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$24,039,911 $24,039,911 $24,039,911
$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 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 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
98.100-Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant
Appropriation (HB 750)
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
$23,971,870 $23,971,870 $23,971,870
State General Funds
$23,971,870 $23,971,870 $23,971,870
TOTAL PUBLIC FUNDS
$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
$1,410,000 $1,410,000 $1,410,000
$1,410,000 $1,410,000 $1,410,000
$1,410,000 $1,410,000 $1,410,000
99.1 Utilize existing funds ($180,000) to support primary care three-year accelerated track programs. (H:YES)(S:YES)
State General Funds
$0
$0
TUESDAY, FEBRUARY 16, 2016
785
99.100 -Physician Workforce, Georgia Board for: Physicians for Rural Areas
Appropriation (HB 750)
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
$1,410,000
$1,410,000
$1,410,000
State General Funds
$1,410,000
$1,410,000
$1,410,000
TOTAL PUBLIC FUNDS
$1,410,000
$1,410,000
$1,410,000
Physician Workforce, Georgia Board for: Undergraduate Medical Education
Continuation Budget
The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a
public/private partnership with medical schools in Georgia.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,119,068 $2,119,068 $2,119,068
$2,119,068 $2,119,068 $2,119,068
$2,119,068 $2,119,068 $2,119,068
100.100-Physician Workforce, Georgia Board for: Undergraduate Medical Education
Appropriation (HB 750)
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
$2,119,068
$2,119,068
$2,119,068
State General Funds
$2,119,068
$2,119,068
$2,119,068
TOTAL PUBLIC FUNDS
$2,119,068
$2,119,068
$2,119,068
Georgia Composite Medical Board
Continuation Budget
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 State General Funds
$2,277,486 $2,277,486
$2,277,486 $2,277,486
$2,277,486 $2,277,486
786
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$300,000 $300,000 $300,000 $2,577,486
$300,000 $300,000 $300,000 $2,577,486
$300,000 $300,000 $300,000 $2,577,486
101.100-Georgia Composite Medical Board
Appropriation (HB 750)
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
$2,277,486
$2,277,486
$2,277,486
State General Funds
$2,277,486
$2,277,486
$2,277,486
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
$2,577,486
$2,577,486
$2,577,486
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
$2,149,510 $2,149,510 $2,149,510
$2,149,510 $2,149,510 $2,149,510
$2,149,510 $2,149,510 $2,149,510
102.100 -Drugs and Narcotics Agency, Georgia
Appropriation (HB 750)
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
$2,149,510
$2,149,510
$2,149,510
State General Funds
$2,149,510
$2,149,510
$2,149,510
TOTAL PUBLIC FUNDS
$2,149,510
$2,149,510
$2,149,510
TUESDAY, FEBRUARY 16, 2016
787
Section 18: Community Supervision, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Departmental Administration
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$34,791,312 $34,791,312 $34,791,312 $34,791,312 $34,791,312 $34,791,312
$34,791,312 $34,791,312 $34,791,312
Section Total - Final
$35,291,312 $35,291,312 $35,291,312
$34,755,896 $34,755,896 $34,755,896
$34,755,896 $34,755,896 $34,755,896
Continuation Budget
$8,213,943 $8,213,943 $8,213,943
$8,213,943 $8,213,943 $8,213,943
$8,213,943 $8,213,943 $8,213,943
103.1 Transfer funds from the Field Services program to the Departmental Administration program to accurately reflect the cost of rent.
State General Funds
$40,710
$40,710
$40,710
103.2 Transfer funds from the Governor's Office of Transition, Support, and Reentry program to the Departmental Administration program to accurately reflect the cost of rent.
State General Funds
$147,617
$147,617
$147,617
103.99 SAC: The purpose of this appropriation is to provide administrative support for the agency. House: The purpose of this appropriation is to provide administrative support for the agency. Governor: The purpose of this appropriation is to provide administrative support for the agency.
State General Funds
$0
$0
$0
103.100-Departmental Administration The purpose of this appropriation is to provide administrative support for the agency.
Appropriation (HB 750)
788
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Field Services
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$8,402,270 $8,402,270 $8,402,270
$8,402,270 $8,402,270 $8,402,270
$8,402,270 $8,402,270 $8,402,270
Continuation Budget
$21,851,578 $21,851,578 $21,851,578
$21,851,578 $21,851,578 $21,851,578
$21,851,578 $21,851,578 $21,851,578
104.1 Transfer funds from the Field Services program to the Departmental Administration program to accurately reflect the cost of rent.
State General Funds
($40,710)
($40,710)
($40,710)
104.2 Increase funds for one-time funding for property acquisition for parking on Memorial Drive in Atlanta. (H and S:YES; Utilize existing funds for property acquisition for parking on Memorial Drive in Atlanta)
State General Funds
$500,000
$0
$0
104.99 SAC: The purpose of this appropriation is to protect and serve Georgia citizens through effective and efficient offender supervision in communities, while providing opportunities for successful outcomes. House: The purpose of this appropriation is to protect and serve Georgia citizens through effective and efficient offender supervision in communities, while providing opportunities for successful outcomes. Governor: The purpose of this appropriation is to protect and serve Georgia citizens through effective and efficient offender supervision in communities, while providing opportunities for successful outcomes.
State General Funds
$0
$0
$0
104.100-Field Services
Appropriation (HB 750)
The purpose of this appropriation is to protect and serve Georgia citizens through effective and efficient offender supervision in
communities, while providing opportunities for successful outcomes.
TOTAL STATE FUNDS
$22,310,868 $21,810,868 $21,810,868
State General Funds
$22,310,868 $21,810,868 $21,810,868
TOTAL PUBLIC FUNDS
$22,310,868 $21,810,868 $21,810,868
TUESDAY, FEBRUARY 16, 2016
789
Misdemeanor Probation
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Continuation Budget
$609,367 $609,367 $609,367
$609,367 $609,367 $609,367
$609,367 $609,367 $609,367
105.1 Reduce funds for personnel to reflect compliance monitor positions start dates.
State General Funds
($35,416)
($35,416)
105.99 SAC: The purpose of this appropriation is to provide regulation of all governmental and private misdemeanor probation providers through inspection and investigation. House: The purpose of this appropriation is to provide regulation of all governmental and private misdemeanor probation providers through inspection and investigation. Governor: The purpose of this appropriation is to provide regulation of all governmental and private misdemeanor probation providers through inspection and investigation.
State General Funds
$0
$0
$0
105.100 -Misdemeanor Probation
Appropriation (HB 750)
The purpose of this appropriation is to provide regulation of all governmental and private misdemeanor probation providers through
inspection and investigation.
TOTAL STATE FUNDS
$609,367
$573,951
$573,951
State General Funds
$609,367
$573,951
$573,951
TOTAL PUBLIC FUNDS
$609,367
$573,951
$573,951
Family Violence, Georgia Commission on
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$374,981 $374,981 $374,981
$374,981 $374,981 $374,981
$374,981 $374,981 $374,981
106.99 SAC: The purpose of this appropriation is to provide for the study and evaluation of needs and services relating to family violence in Georgia, develop models for community task forces on family violence, provide training and continuing education on the dynamics of family violence, and develop standards to be used in the certification and regulation of Family Violence Intervention
790
JOURNAL OF THE HOUSE
Programs. House: The purpose of this appropriation is to provide for the study and evaluation of needs and services relating to family violence in Georgia, develop models for community task forces on family violence, provide training and continuing education on the dynamics of family violence, and develop standards to be used in the certification and regulation of Family Violence Intervention Programs. Governor: The purpose of this appropriation is to provide for the study and evaluation of needs and services relating to family violence in Georgia, develop models for community task forces on family violence, provide training and continuing education on the dynamics of family violence, and develop standards to be used in the certification and regulation of Family Violence Intervention Programs.
State General Funds
$0
$0
$0
106.100-Family Violence, Georgia Commission on
Appropriation (HB 750)
The purpose of this appropriation is to provide for the study and evaluation of needs and services relating to family violence in
Georgia, develop models for community task forces on family violence, provide training and continuing education on the dynamics of
family violence, and develop standards to be used in the certification and regulation of Family Violence Intervention Programs.
TOTAL STATE FUNDS
$374,981
$374,981
$374,981
State General Funds
$374,981
$374,981
$374,981
TOTAL PUBLIC FUNDS
$374,981
$374,981
$374,981
Governor's Office of Transition, Support and Reentry
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$3,741,443 $3,741,443 $3,741,443
$3,741,443 $3,741,443 $3,741,443
$3,741,443 $3,741,443 $3,741,443
107.1 Transfer funds from the Governor's Office of Transition, Support, and Reentry program to the Departmental Administration program to accurately reflect the cost of rent.
State General Funds
($147,617)
($147,617)
($147,617)
107.99 SAC: The purpose of this appropriation is to provide a collaboration of governmental and nongovernmental stakeholders to develop and execute a systematic reentry plan for Georgia offenders and ensure the delivery of services to reduce recidivism and support the success of returning citizens. House: The purpose of this appropriation is to provide a collaboration of governmental and nongovernmental stakeholders to develop and execute a systematic reentry plan for Georgia offenders and ensure the delivery of services to reduce recidivism and support the
TUESDAY, FEBRUARY 16, 2016
791
success of returning citizens. Governor: The purpose of this appropriation is to provide a collaboration of governmental and nongovernmental stakeholders to develop and execute a systematic reentry plan for Georgia offenders and ensure the delivery of services to reduce recidivism and support the success of returning citizens.
State General Funds
$0
$0
$0
107.100 -Governor's Office of Transition, Support and Reentry
Appropriation (HB 750)
The purpose of this appropriation is to provide a collaboration of governmental and nongovernmental stakeholders to develop and
execute a systematic reentry plan for Georgia offenders and ensure the delivery of services to reduce recidivism and support the
success of returning citizens.
TOTAL STATE FUNDS
$3,593,826
$3,593,826
$3,593,826
State General Funds
$3,593,826
$3,593,826
$3,593,826
TOTAL PUBLIC FUNDS
$3,593,826
$3,593,826
$3,593,826
Section 19: Corrections, 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
$1,168,464,300 $1,168,464,300
$1,168,464,300 $1,168,464,300
$170,555
$170,555
$170,555
$170,555
$13,581,649 $13,581,649
$13,581,649 $13,581,649
$13,581,649 $13,581,649
$1,182,216,504 $1,182,216,504
$1,168,464,300 $1,168,464,300
$170,555 $170,555 $13,581,649 $13,581,649 $13,581,649 $1,182,216,504
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
Section Total - Final
$1,168,599,593 $1,168,599,593
$170,555 $170,555 $13,581,649 $13,581,649
$1,168,554,593 $1,168,554,593
$170,555 $170,555 $13,581,649 $13,581,649
$1,168,554,593 $1,168,554,593
$170,555 $170,555 $13,581,649 $13,581,649
792
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$13,581,649 $13,581,649 $13,581,649 $1,182,351,797 $1,182,306,797 $1,182,306,797
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
$50,000 $50,000 $50,000
$50,000 $50,000 $50,000
$50,000 $50,000 $50,000
108.1 Reduce funds to meet projected expenditures. State General Funds
($45,000)
($45,000)
108.100 -County Jail Subsidy
Appropriation (HB 750)
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
$50,000
$5,000
$5,000
State General Funds
$50,000
$5,000
$5,000
TOTAL PUBLIC FUNDS
$50,000
$5,000
$5,000
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
$35,423,197 $35,423,197
$70,555 $70,555 $35,493,752
$35,423,197 $35,423,197
$70,555 $70,555 $35,493,752
$35,423,197 $35,423,197
$70,555 $70,555 $35,493,752
TUESDAY, FEBRUARY 16, 2016
793
109.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$3,247
$3,247
$3,247
109.100-Departmental Administration
Appropriation (HB 750)
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
$35,426,444 $35,426,444 $35,426,444
State General Funds
$35,426,444 $35,426,444 $35,426,444
TOTAL FEDERAL FUNDS
$70,555
$70,555
$70,555
Federal Funds Not Itemized
$70,555
$70,555
$70,555
TOTAL PUBLIC FUNDS
$35,496,999 $35,496,999 $35,496,999
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
$30,232,566 $30,232,566
$450,000 $450,000 $450,000 $30,682,566
$30,232,566 $30,232,566
$450,000 $450,000 $450,000 $30,682,566
$30,232,566 $30,232,566
$450,000 $450,000 $450,000 $30,682,566
110.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$5,899
$5,899
$5,899
794
JOURNAL OF THE HOUSE
110.100 -Detention Centers
Appropriation (HB 750)
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
$30,238,465 $30,238,465 $30,238,465
State General Funds
$30,238,465 $30,238,465 $30,238,465
TOTAL AGENCY FUNDS
$450,000
$450,000
$450,000
Sales and Services
$450,000
$450,000
$450,000
Sales and Services Not Itemized
$450,000
$450,000
$450,000
TOTAL PUBLIC FUNDS
$30,688,465 $30,688,465 $30,688,465
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 PUBLIC FUNDS
$27,555,071 $27,555,071 $27,555,071
$27,555,071 $27,555,071 $27,555,071
$27,555,071 $27,555,071 $27,555,071
111.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$271
$271
$271
111.100-Food and Farm Operations
Appropriation (HB 750)
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
$27,555,342 $27,555,342 $27,555,342
State General Funds
$27,555,342 $27,555,342 $27,555,342
TOTAL PUBLIC FUNDS
$27,555,342 $27,555,342 $27,555,342
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.
TUESDAY, FEBRUARY 16, 2016
795
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$201,384,166 $201,384,166
$390,000 $390,000 $390,000 $201,774,166
$201,384,166 $201,384,166
$390,000 $390,000 $390,000 $201,774,166
$201,384,166 $201,384,166
$390,000 $390,000 $390,000 $201,774,166
112.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$1,772
$1,772
$1,772
112.100 -Health
Appropriation (HB 750)
The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all
inmates of the state correctional system.
TOTAL STATE FUNDS
$201,385,938 $201,385,938 $201,385,938
State General Funds
$201,385,938 $201,385,938 $201,385,938
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
$201,775,938 $201,775,938 $201,775,938
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
$42,568,545 $42,568,545
$30,000 $30,000 $30,000 $42,598,545
$42,568,545 $42,568,545
$30,000 $30,000 $30,000 $42,598,545
$42,568,545 $42,568,545
$30,000 $30,000 $30,000 $42,598,545
796
JOURNAL OF THE HOUSE
113.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$771
$771
$771
113.100 -Offender Management
Appropriation (HB 750)
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
$42,569,316 $42,569,316 $42,569,316
State General Funds
$42,569,316 $42,569,316 $42,569,316
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
$42,599,316 $42,599,316 $42,599,316
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
$135,395,608 $135,395,608 $135,395,608
$135,395,608 $135,395,608 $135,395,608
$135,395,608 $135,395,608 $135,395,608
114.100 -Private Prisons
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
797
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$95,981,028 $95,981,028
$17,046 $17,046 $17,046 $95,998,074
$95,981,028 $95,981,028
$17,046 $17,046 $17,046 $95,998,074
$95,981,028 $95,981,028
$17,046 $17,046 $17,046 $95,998,074
115.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$18,197
$18,197
$18,197
115.100 -Probation Supervision
Appropriation (HB 750)
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
$95,999,225 $95,999,225 $95,999,225
State General Funds
$95,999,225 $95,999,225 $95,999,225
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
$96,016,271 $96,016,271 $96,016,271
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 Sales and Services
$569,908,384 $569,908,384
$100,000 $100,000 $12,694,603 $12,694,603
$569,908,384 $569,908,384
$100,000 $100,000 $12,694,603 $12,694,603
$569,908,384 $569,908,384
$100,000 $100,000 $12,694,603 $12,694,603
798
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$12,694,603 $12,694,603 $12,694,603 $582,702,987 $582,702,987 $582,702,987
116.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$100,130
$100,130
$100,130
116.100 -State Prisons
Appropriation (HB 750)
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
$570,008,514 $570,008,514 $570,008,514
State General Funds
$570,008,514 $570,008,514 $570,008,514
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
Sales and Services
$12,694,603 $12,694,603 $12,694,603
Sales and Services Not Itemized
$12,694,603 $12,694,603 $12,694,603
TOTAL PUBLIC FUNDS
$582,803,117 $582,803,117 $582,803,117
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
$29,965,735 $29,965,735 $29,965,735
$29,965,735 $29,965,735 $29,965,735
$29,965,735 $29,965,735 $29,965,735
117.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$5,006
$5,006
$5,006
TUESDAY, FEBRUARY 16, 2016
799
117.100 -Transition Centers
Appropriation (HB 750)
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
$29,970,741 $29,970,741 $29,970,741
State General Funds
$29,970,741 $29,970,741 $29,970,741
TOTAL PUBLIC FUNDS
$29,970,741 $29,970,741 $29,970,741
Section 20: 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
$10,133,637 $10,133,637
$10,133,637 $10,133,637
$49,366,773 $49,366,773
$49,366,773 $49,366,773
$3,262,875
$3,262,875
$1,881,548
$1,881,548
$1,881,548
$1,881,548
$171,171
$171,171
$171,171
$171,171
$1,210,156
$1,210,156
$1,210,156
$1,210,156
$62,763,285 $62,763,285
$10,133,637 $10,133,637 $49,366,773 $49,366,773
$3,262,875 $1,881,548 $1,881,548
$171,171 $171,171 $1,210,156 $1,210,156 $62,763,285
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
Section Total - Final
$11,644,290 $11,644,290 $49,366,773 $49,366,773
$3,662,875 $2,281,548 $2,281,548
$171,171 $171,171 $1,210,156
$11,644,290 $11,644,290 $49,366,773 $49,366,773
$3,662,875 $2,281,548 $2,281,548
$171,171 $171,171 $1,210,156
$11,644,290 $11,644,290 $49,366,773 $49,366,773
$3,662,875 $2,281,548 $2,281,548
$171,171 $171,171 $1,210,156
800
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$1,210,156 $64,673,938
$1,210,156 $64,673,938
$1,210,156 $64,673,938
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
$1,143,379 $1,143,379
$723,528 $723,528 $1,866,907
$1,143,379 $1,143,379
$723,528 $723,528 $1,866,907
$1,143,379 $1,143,379
$723,528 $723,528 $1,866,907
118.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$935
$935
$935
118.100-Departmental Administration
Appropriation (HB 750)
The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.
TOTAL STATE FUNDS
$1,144,314
$1,144,314
$1,144,314
State General Funds
$1,144,314
$1,144,314
$1,144,314
TOTAL FEDERAL FUNDS
$723,528
$723,528
$723,528
Federal Funds Not Itemized
$723,528
$723,528
$723,528
TOTAL PUBLIC FUNDS
$1,867,842
$1,867,842
$1,867,842
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
$5,086,422 $5,086,422 $34,639,522 $34,639,522
$5,086,422 $5,086,422 $34,639,522 $34,639,522
$5,086,422 $5,086,422 $34,639,522 $34,639,522
TUESDAY, FEBRUARY 16, 2016
801
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
$3,258,997 $1,881,548 $1,881,548
$171,171 $171,171 $1,206,278 $1,206,278 $42,984,941
$3,258,997 $1,881,548 $1,881,548
$171,171 $171,171 $1,206,278 $1,206,278 $42,984,941
$3,258,997 $1,881,548 $1,881,548
$171,171 $171,171 $1,206,278 $1,206,278 $42,984,941
119.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$158
$158
$158
119.2 Increase funds to relocate the Albany Readiness Center to the Albany Marine Corps Logistics Base.
State General Funds Intergovernmental Transfers Not Itemized Total Public Funds:
$1,100,000 $400,000
$1,500,000
$1,100,000 $400,000
$1,500,000
$1,100,000 $400,000
$1,500,000
119.100 -Military Readiness
Appropriation (HB 750)
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
$6,186,580
$6,186,580
$6,186,580
State General Funds
$6,186,580
$6,186,580
$6,186,580
TOTAL FEDERAL FUNDS
$34,639,522 $34,639,522 $34,639,522
Federal Funds Not Itemized
$34,639,522 $34,639,522 $34,639,522
TOTAL AGENCY FUNDS
$3,658,997
$3,658,997
$3,658,997
Intergovernmental Transfers
$2,281,548
$2,281,548
$2,281,548
Intergovernmental Transfers Not Itemized
$2,281,548
$2,281,548
$2,281,548
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
802
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$1,206,278 $44,485,099
$1,206,278 $44,485,099
$1,206,278 $44,485,099
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
$3,903,836 $3,903,836 $14,003,723 $14,003,723
$3,878 $3,878 $3,878 $17,911,437
$3,903,836 $3,903,836 $14,003,723 $14,003,723
$3,878 $3,878 $3,878 $17,911,437
$3,903,836 $3,903,836 $14,003,723 $14,003,723
$3,878 $3,878 $3,878 $17,911,437
120.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$404
$404
$404
120.2 Increase funds for fixtures, furniture, and equipment for the Milledgeville Youth Challenge Academy to have the facility ready for occupancy by staff on July 1, 2016.
State General Funds
$409,156
$409,156
$409,156
120.100 -Youth Educational Services
Appropriation (HB 750)
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
$4,313,396
$4,313,396
$4,313,396
State General Funds
$4,313,396
$4,313,396
$4,313,396
TOTAL FEDERAL FUNDS
$14,003,723 $14,003,723 $14,003,723
Federal Funds Not Itemized
$14,003,723 $14,003,723 $14,003,723
TOTAL AGENCY FUNDS
$3,878
$3,878
$3,878
Sales and Services
$3,878
$3,878
$3,878
TUESDAY, FEBRUARY 16, 2016
803
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$3,878 $18,320,997
$3,878 $18,320,997
$3,878 $18,320,997
Section 21: 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
$67,096,307 $67,096,307
$67,096,307 $67,096,307
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$69,940,428 $69,940,428
$67,096,307 $67,096,307
$2,844,121 $2,844,121 $2,844,121 $69,940,428
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$67,106,797 $67,106,797
$2,844,121 $2,844,121 $2,844,121 $69,950,918
$67,106,797 $67,106,797
$2,844,121 $2,844,121 $2,844,121 $69,950,918
$67,106,797 $67,106,797
$2,844,121 $2,844,121 $2,844,121 $69,950,918
Customer Service Support
Continuation Budget
The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck
compliance.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$9,527,809 $9,527,809
$500,857 $500,857 $500,857 $10,028,666
$9,527,809 $9,527,809
$500,857 $500,857 $500,857 $10,028,666
$9,527,809 $9,527,809
$500,857 $500,857 $500,857 $10,028,666
804
JOURNAL OF THE HOUSE
121.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$10,490
$10,490
$10,490
121.100-Customer Service Support
Appropriation (HB 750)
The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck
compliance.
TOTAL STATE FUNDS
$9,538,299
$9,538,299
$9,538,299
State General Funds
$9,538,299
$9,538,299
$9,538,299
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
$10,039,156 $10,039,156 $10,039,156
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
$56,667,632 $56,667,632
$1,827,835 $1,827,835 $1,827,835 $58,495,467
$56,667,632 $56,667,632
$1,827,835 $1,827,835 $1,827,835 $58,495,467
$56,667,632 $56,667,632
$1,827,835 $1,827,835 $1,827,835 $58,495,467
122.100 -License Issuance
Appropriation (HB 750)
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
$56,667,632 $56,667,632 $56,667,632
State General Funds
$56,667,632 $56,667,632 $56,667,632
TOTAL AGENCY FUNDS
$1,827,835
$1,827,835
$1,827,835
TUESDAY, FEBRUARY 16, 2016
805
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,827,835 $1,827,835 $58,495,467
$1,827,835 $1,827,835 $58,495,467
$1,827,835 $1,827,835 $58,495,467
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
$900,866 $900,866 $515,429 $515,429 $515,429 $1,416,295
$900,866 $900,866 $515,429 $515,429 $515,429 $1,416,295
$900,866 $900,866 $515,429 $515,429 $515,429 $1,416,295
123.100-Regulatory Compliance
Appropriation (HB 750)
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 22: Early Care and Learning, Department of
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS
Section Total - Continuation
$376,822,861 $376,822,861 $55,527,513 $55,527,513 $321,295,348 $321,295,348 $378,637,476 $378,637,476
$376,822,861 $55,527,513 $321,295,348 $378,637,476
806
JOURNAL OF THE HOUSE
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
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$155,323,341 $97,618,088 $125,696,047
$30,000 $30,000 $30,000 $130,000 $130,000 $130,000 $755,620,337
$155,323,341 $97,618,088 $125,696,047
$30,000 $30,000 $30,000 $130,000 $130,000 $130,000 $755,620,337
$155,323,341 $97,618,088 $125,696,047
$30,000 $30,000 $30,000 $130,000 $130,000 $130,000 $755,620,337
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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Final
$376,823,060 $55,527,513 $321,295,547 $378,637,476 $155,323,341 $97,618,088 $125,696,047
$30,000 $30,000 $30,000 $130,000 $130,000 $130,000 $755,620,536
$376,823,060 $55,527,513 $321,295,547 $378,637,476 $155,323,341 $97,618,088 $125,696,047
$30,000 $30,000 $30,000 $130,000 $130,000 $130,000 $755,620,536
$376,823,060 $55,527,513 $321,295,547 $378,637,476 $155,323,341 $97,618,088 $125,696,047
$30,000 $30,000 $30,000 $130,000 $130,000 $130,000 $755,620,536
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
$55,527,513 $55,527,513
$55,527,513 $55,527,513
$55,527,513 $55,527,513
TUESDAY, FEBRUARY 16, 2016
807
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 PUBLIC FUNDS
$203,084,701 $3,452,681
$97,618,088 $102,013,932
$25,000 $25,000 $25,000 $258,637,214
$203,084,701 $3,452,681
$97,618,088 $102,013,932
$25,000 $25,000 $25,000 $258,637,214
$203,084,701 $3,452,681
$97,618,088 $102,013,932
$25,000 $25,000 $25,000 $258,637,214
124.100 -Child Care Services
Appropriation (HB 750)
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
$203,084,701 $203,084,701 $203,084,701
Federal Funds Not Itemized
$3,452,681
$3,452,681
$3,452,681
CCDF Mandatory & Matching Funds CFDA93.596
$97,618,088 $97,618,088 $97,618,088
Child Care & Development Block Grant CFDA93.575
$102,013,932 $102,013,932 $102,013,932
TOTAL AGENCY FUNDS
$25,000
$25,000
$25,000
Rebates, Refunds, and Reimbursements
$25,000
$25,000
$25,000
Rebates, Refunds, and Reimbursements Not Itemized
$25,000
$25,000
$25,000
TOTAL PUBLIC FUNDS
$258,637,214 $258,637,214 $258,637,214
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 $138,000,000 $138,000,000 $138,000,000
$0 $0 $138,000,000 $138,000,000 $138,000,000
$0 $0 $138,000,000 $138,000,000 $138,000,000
808
JOURNAL OF THE HOUSE
125.100 -Nutrition
Appropriation (HB 750)
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
$138,000,000 $138,000,000 $138,000,000
$138,000,000 $138,000,000 $138,000,000
$138,000,000 $138,000,000 $138,000,000
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
$321,295,348 $0
$321,295,348 $175,000 $175,000
$321,470,348
$321,295,348 $0
$321,295,348 $175,000 $175,000
$321,470,348
$321,295,348 $0
$321,295,348 $175,000 $175,000
$321,470,348
126.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
Lottery Proceeds
$199
$199
$199
126.100-Pre-Kindergarten Program
Appropriation (HB 750)
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
$321,295,547 $321,295,547 $321,295,547
Lottery Proceeds
$321,295,547 $321,295,547 $321,295,547
TOTAL FEDERAL FUNDS
$175,000
$175,000
$175,000
Federal Funds Not Itemized
$175,000
$175,000
$175,000
TOTAL PUBLIC FUNDS
$321,470,547 $321,470,547 $321,470,547
TUESDAY, FEBRUARY 16, 2016
809
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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$0 $0 $37,377,775 $13,695,660 $23,682,115 $5,000 $5,000 $5,000 $130,000 $130,000 $130,000 $37,512,775
$0 $0 $37,377,775 $13,695,660 $23,682,115 $5,000 $5,000 $5,000 $130,000 $130,000 $130,000 $37,512,775
$0 $0 $37,377,775 $13,695,660 $23,682,115 $5,000 $5,000 $5,000 $130,000 $130,000 $130,000 $37,512,775
127.100 -Quality Initiatives
Appropriation (HB 750)
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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$37,377,775 $13,695,660 $23,682,115
$5,000 $5,000 $5,000 $130,000 $130,000 $130,000 $37,512,775
$37,377,775 $13,695,660 $23,682,115
$5,000 $5,000 $5,000 $130,000 $130,000 $130,000 $37,512,775
$37,377,775 $13,695,660 $23,682,115
$5,000 $5,000 $5,000 $130,000 $130,000 $130,000 $37,512,775
810
JOURNAL OF THE HOUSE
Section 23: Economic Development, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$30,822,634 $30,822,634 $30,822,634 $30,822,634 $74,021,318 $74,021,318 $74,021,318 $74,021,318 $104,843,952 $104,843,952
$30,822,634 $30,822,634 $74,021,318 $74,021,318 $104,843,952
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$31,474,872 $31,474,872 $74,021,318 $74,021,318 $105,496,190
$31,474,872 $31,474,872 $74,021,318 $74,021,318 $105,496,190
$31,674,872 $31,674,872 $74,021,318 $74,021,318 $105,696,190
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
$4,478,642 $4,478,642 $4,478,642
$4,478,642 $4,478,642 $4,478,642
$4,478,642 $4,478,642 $4,478,642
128.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$2,238
$2,238
$2,238
128.100-Departmental Administration
Appropriation (HB 750)
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
$4,480,880
$4,480,880
$4,480,880
State General Funds
$4,480,880
$4,480,880
$4,480,880
TOTAL PUBLIC FUNDS
$4,480,880
$4,480,880
$4,480,880
TUESDAY, FEBRUARY 16, 2016
811
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
$1,096,969 $1,096,969 $1,096,969
$1,096,969 $1,096,969 $1,096,969
$1,096,969 $1,096,969 $1,096,969
129.100-Film, Video, and Music
Appropriation (HB 750)
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
$603,360 $603,360 $659,400 $659,400 $1,262,760
$603,360 $603,360 $659,400 $659,400 $1,262,760
$603,360 $603,360 $659,400 $659,400 $1,262,760
130.100-Arts, Georgia Council for the
Appropriation (HB 750)
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
812
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$659,400 $1,262,760
$659,400 $1,262,760
$659,400 $1,262,760
Georgia Council for the Arts - Special Project
Continuation Budget
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 larger than $5,000.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$300,000 $300,000 $300,000
$300,000 $300,000 $300,000
$300,000 $300,000 $300,000
131.100-Georgia Council for the Arts - Special Project
Appropriation (HB 750)
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 larger than $5,000.
TOTAL STATE FUNDS
$300,000
$300,000
$300,000
State General Funds
$300,000
$300,000
$300,000
TOTAL PUBLIC FUNDS
$300,000
$300,000
$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
$10,881,240 $10,881,240 $10,881,240
$10,881,240 $10,881,240 $10,881,240
$10,881,240 $10,881,240 $10,881,240
132.1 Increase funds for contracts for the economic development outreach initiative in China.
State General Funds
$650,000
$650,000
$650,000
TUESDAY, FEBRUARY 16, 2016
813
132.100 -Global Commerce
Appropriation (HB 750)
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
$11,531,240 $11,531,240 $11,531,240
State General Funds
$11,531,240 $11,531,240 $11,531,240
TOTAL PUBLIC FUNDS
$11,531,240 $11,531,240 $11,531,240
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
133.100-Governor's Office of Workforce Development
Appropriation (HB 750)
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
TOTAL PUBLIC FUNDS
$1,522,960 $1,522,960 $1,522,960
$1,522,960 $1,522,960 $1,522,960
$1,522,960 $1,522,960 $1,522,960
814
JOURNAL OF THE HOUSE
134.99 SAC: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses. House: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses. Governor: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses.
State General Funds
$0
$0
$0
134.100 -Innovation and Technology
Appropriation (HB 750)
The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses.
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
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
$951,926 $951,926 $951,926
$951,926 $951,926 $951,926
$951,926 $951,926 $951,926
135.100 -Small and Minority Business Development
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
815
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
$10,987,537 $10,987,537 $10,987,537
$10,987,537 $10,987,537 $10,987,537
$10,987,537 $10,987,537 $10,987,537
136.1 Increase funds and utilize existing funds ($100,000) for music promotion.
State General Funds
$200,000
136.99 SAC: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state; operate and maintain state welcome centers; and work with communities to develop and market tourism products in order to attract more tourism to the state. House: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state; operate and maintain state welcome centers; and work with communities to develop and market tourism products in order to attract more tourism to the state. Governor: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state; operate and maintain state welcome centers; and work with communities to develop and market tourism products in order to attract more tourism to the state.
State General Funds
$0
$0
$0
136.100 -Tourism
Appropriation (HB 750)
The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state; operate and
maintain state welcome centers; and work with communities to develop and market tourism products in order to attract more tourism
to the state.
TOTAL STATE FUNDS
$10,987,537 $10,987,537 $11,187,537
State General Funds
$10,987,537 $10,987,537 $11,187,537
TOTAL PUBLIC FUNDS
$10,987,537 $10,987,537 $11,187,537
816
JOURNAL OF THE HOUSE
Section 24: 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 Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Section Total - Continuation
$8,502,129,564 $8,502,129,564 $8,502,129,564
$8,502,129,564 $8,502,129,564 $8,502,129,564
$2,057,722,950 $2,057,722,950 $2,057,722,950
$2,057,703,320 $2,057,703,320 $2,057,703,320
$19,630
$19,630
$19,630
$46,429,171 $46,429,171 $46,429,171
$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
$8,833,273
$8,833,273
$8,833,273
$8,833,273
$8,833,273
$8,833,273
$10,606,281,685 $10,606,281,685 $10,606,281,685
Section Total - Final
$8,614,614,655 $8,410,267,225
$204,347,430 $2,057,722,950 $2,057,703,320
$19,630 $46,429,171
$674,646 $674,646 $36,860,246 $36,860,246
$61,006 $61,006 $8,833,273
$8,614,600,028 $8,410,252,598
$204,347,430 $2,057,722,950 $2,057,703,320
$19,630 $46,429,171
$674,646 $674,646 $36,860,246 $36,860,246
$61,006 $61,006 $8,833,273
$8,614,600,028 $8,410,252,598
$204,347,430 $2,057,722,950 $2,057,703,320
$19,630 $46,429,171
$674,646 $674,646 $36,860,246 $36,860,246
$61,006 $61,006 $8,833,273
TUESDAY, FEBRUARY 16, 2016
817
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$8,833,273
$8,833,273
$8,833,273
$10,718,766,776 $10,718,752,149 $10,718,752,149
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
$8,794,527 $8,794,527
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,654,800
$8,794,527 $8,794,527
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,654,800
$8,794,527 $8,794,527
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,654,800
137.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$33
$33
$33
137.100 -Agricultural Education
Appropriation (HB 750)
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
$8,794,560
$8,794,560
$8,794,560
State General Funds
$8,794,560
$8,794,560
$8,794,560
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
$10,654,833 $10,654,833 $10,654,833
818
JOURNAL OF THE HOUSE
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
$7,479,770 $7,479,770
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,957,040
$7,479,770 $7,479,770
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,957,040
$7,479,770 $7,479,770
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,957,040
138.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$1,901
$1,901
$1,901
138.100 -Business and Finance Administration
Appropriation (HB 750)
The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation.
TOTAL STATE FUNDS
$7,481,671
$7,481,671
$7,481,671
State General Funds
$7,481,671
$7,481,671
$7,481,671
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
$29,958,941 $29,958,941 $29,958,941
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
$4,048,477 $4,048,477
$4,048,477 $4,048,477
$4,048,477 $4,048,477
TUESDAY, FEBRUARY 16, 2016
819
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$24,369,593 $24,369,593
$243,929 $243,929 $243,929 $28,661,999
$24,369,593 $24,369,593
$243,929 $243,929 $243,929 $28,661,999
$24,369,593 $24,369,593
$243,929 $243,929 $243,929 $28,661,999
139.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$995
$995
$995
139.100 -Central Office
Appropriation (HB 750)
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
$4,049,472
$4,049,472
$4,049,472
State General Funds
$4,049,472
$4,049,472
$4,049,472
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
$28,662,994 $28,662,994 $28,662,994
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
$2,146,548 $2,146,548
$153,422 $153,422 $2,299,970
$2,146,548 $2,146,548
$153,422 $153,422 $2,299,970
$2,146,548 $2,146,548
$153,422 $153,422 $2,299,970
820
JOURNAL OF THE HOUSE
140.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$96
$96
$96
140.100 -Charter Schools
Appropriation (HB 750)
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
$2,146,644
$2,146,644
$2,146,644
State General Funds
$2,146,644
$2,146,644
$2,146,644
TOTAL FEDERAL FUNDS
$153,422
$153,422
$153,422
Federal Funds Not Itemized
$153,422
$153,422
$153,422
TOTAL PUBLIC FUNDS
$2,300,066
$2,300,066
$2,300,066
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
$1,053,100 $1,053,100 $1,053,100
$1,053,100 $1,053,100 $1,053,100
$1,053,100 $1,053,100 $1,053,100
141.100-Communities in Schools
Appropriation (HB 750)
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
$1,053,100
$1,053,100
$1,053,100
State General Funds
$1,053,100
$1,053,100
$1,053,100
TOTAL PUBLIC FUNDS
$1,053,100
$1,053,100
$1,053,100
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.
TUESDAY, FEBRUARY 16, 2016
821
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
$3,523,280 $3,523,280 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,347,487
$3,523,280 $3,523,280 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,347,487
$3,523,280 $3,523,280 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,347,487
142.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$587
$587
$587
142.100-Curriculum Development
Appropriation (HB 750)
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
$3,523,867
$3,523,867
$3,523,867
State General Funds
$3,523,867
$3,523,867
$3,523,867
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
Contributions, Donations, and Forfeitures
$430,717
$430,717
$430,717
Contributions, Donations, and Forfeitures Not Itemized
$430,717
$430,717
$430,717
TOTAL PUBLIC FUNDS
$7,348,074
$7,348,074
$7,348,074
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
$0 $1,233,343,007 $1,233,343,007
$39,957 $39,957
$0 $1,233,343,007 $1,233,343,007
$39,957 $39,957
$0 $1,233,343,007 $1,233,343,007
$39,957 $39,957
822
JOURNAL OF THE HOUSE
Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS
$39,957
$39,957
$39,957
$1,233,382,964 $1,233,382,964 $1,233,382,964
143.100-Federal Programs
Appropriation (HB 750)
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
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$62,246,538 $62,246,538
$8,160,000 $8,160,000 $70,406,538
$62,246,538 $62,246,538
$8,160,000 $8,160,000 $70,406,538
$62,246,538 $62,246,538
$8,160,000 $8,160,000 $70,406,538
144.100-Georgia Network for Educational and Therapeutic Support (GNETS)
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
823
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$8,160,000 $70,406,538
$8,160,000 $70,406,538
$8,160,000 $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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,232,540 $3,232,540 $5,600,037 $5,600,037 $5,600,037 $8,832,577
$3,232,540 $3,232,540 $5,600,037 $5,600,037 $5,600,037 $8,832,577
$3,232,540 $3,232,540 $5,600,037 $5,600,037 $5,600,037 $8,832,577
145.100-Georgia Virtual School
Appropriation (HB 750)
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
$18,393,696 $18,393,696
$1,371,954
$18,393,696 $18,393,696
$1,371,954
$18,393,696 $18,393,696
$1,371,954
824
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,371,954 $7,204,762 $7,204,762 $7,204,762 $26,970,412
$1,371,954 $7,204,762 $7,204,762 $7,204,762 $26,970,412
$1,371,954 $7,204,762 $7,204,762 $7,204,762 $26,970,412
146.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$2,085
$2,085
$2,085
146.2 Increase funds to support the information technology applications utilized by local school systems.
State General Funds
$1,651,892
$1,651,892
$1,651,892
146.100 -Information Technology Services
Appropriation (HB 750)
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
$20,047,673 $20,047,673 $20,047,673
State General Funds
$20,047,673 $20,047,673 $20,047,673
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
$28,624,389 $28,624,389 $28,624,389
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
$10,683,086 $10,683,086 $10,683,086
$10,683,086 $10,683,086 $10,683,086
$10,683,086 $10,683,086 $10,683,086
TUESDAY, FEBRUARY 16, 2016
825
147.100 -Non Quality Basic Education Formula Grants
Appropriation (HB 750)
The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity
grants.
TOTAL STATE FUNDS
$10,683,086 $10,683,086 $10,683,086
State General Funds
$10,683,086 $10,683,086 $10,683,086
TOTAL PUBLIC FUNDS
$10,683,086 $10,683,086 $10,683,086
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
$22,862,765 $22,862,765 $714,191,428 $714,191,428
$108,824 $108,824 $108,824 $737,163,017
$22,862,765 $22,862,765 $714,191,428 $714,191,428
$108,824 $108,824 $108,824 $737,163,017
$22,862,765 $22,862,765 $714,191,428 $714,191,428
$108,824 $108,824 $108,824 $737,163,017
148.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$63
$63
$63
148.100 -Nutrition
Appropriation (HB 750)
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
$22,862,828 $22,862,828 $22,862,828
State General Funds
$22,862,828 $22,862,828 $22,862,828
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
826
JOURNAL OF THE HOUSE
Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS
$108,824
$108,824
$108,824
$737,163,080 $737,163,080 $737,163,080
Preschool Handicapped Program
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
$31,446,339 $31,446,339 $31,446,339
$31,446,339 $31,446,339 $31,446,339
$31,446,339 $31,446,339 $31,446,339
149.100-Preschool Handicapped Program
Appropriation (HB 750)
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
$498,225,928 $498,225,928 $498,225,928
$498,225,928 $498,225,928 $498,225,928
$498,225,928 $498,225,928 $498,225,928
150.100 -Quality Basic Education Equalization
Appropriation (HB 750)
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
$498,225,928 $498,225,928 $498,225,928
State General Funds
$498,225,928 $498,225,928 $498,225,928
TOTAL PUBLIC FUNDS
$498,225,928 $498,225,928 $498,225,928
TUESDAY, FEBRUARY 16, 2016
827
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
($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225)
151.100 -Quality Basic Education Local Five Mill Share
Appropriation (HB 750)
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
($1,664,572,225) ($1,664,572,225) ($1,664,572,225)
State General Funds
($1,664,572,225) ($1,664,572,225) ($1,664,572,225)
TOTAL PUBLIC FUNDS
($1,664,572,225) ($1,664,572,225) ($1,664,572,225)
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
$9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908
152.1 Increase funds for the midterm adjustment for enrollment growth.
State General Funds
$98,186,437
152.2 Increase funds for the State Commission Charter School supplement.
State General Funds
$13,358,432
152.3 Increase funds for the midterm adjustment for enrollment growth in charter systems.
State General Funds
$2,338,622
152.4 Adjust funds for a midterm adjustment for the Special Needs Scholarship.
State General Funds
($3,969,806)
$98,186,437 $13,343,805
$2,338,622 ($3,969,806)
$98,186,437 $13,343,805
$2,338,622 ($3,969,806)
828
JOURNAL OF THE HOUSE
152.5 Replace funds.
State General Funds Revenue Shortfall Reserve for K-12 Needs Total Public Funds:
($204,347,430) ($204,347,430) ($204,347,430)
$204,347,430 $204,347,430 $204,347,430
$0
$0
$0
152.100-Quality Basic Education Program
Appropriation (HB 750)
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
$9,503,700,593 $9,503,685,966 $9,503,685,966
State General Funds
$9,299,353,163 $9,299,338,536 $9,299,338,536
Revenue Shortfall Reserve for K-12 Needs
$204,347,430 $204,347,430 $204,347,430
TOTAL PUBLIC FUNDS
$9,503,700,593 $9,503,685,966 $9,503,685,966
Regional Education Service Agencies
Continuation Budget
The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local
school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill
enhancement, professional development, technology training, and other shared services.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$10,223,960 $10,223,960 $10,223,960
$10,223,960 $10,223,960 $10,223,960
$10,223,960 $10,223,960 $10,223,960
153.100-Regional Education Service Agencies
Appropriation (HB 750)
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
$10,223,960 $10,223,960 $10,223,960
State General Funds
$10,223,960 $10,223,960 $10,223,960
TOTAL PUBLIC FUNDS
$10,223,960 $10,223,960 $10,223,960
TUESDAY, FEBRUARY 16, 2016
829
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
$8,797,519 $8,797,519 $9,227,301 $9,227,301 $18,024,820
$8,797,519 $8,797,519 $9,227,301 $9,227,301 $18,024,820
$8,797,519 $8,797,519 $9,227,301 $9,227,301 $18,024,820
154.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$129
$129
$129
154.100 -School Improvement
Appropriation (HB 750)
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
$8,797,648
$8,797,648
$8,797,648
State General Funds
$8,797,648
$8,797,648
$8,797,648
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
$18,024,949 $18,024,949 $18,024,949
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
$0 $0 $3,229,392
$0 $0 $3,229,392
$0 $0 $3,229,392
830
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,229,392 $3,229,392 $3,229,392
$3,229,392 $3,229,392 $3,229,392
$3,229,392 $3,229,392 $3,229,392
155.100 -State Charter School Commission Administration
Appropriation (HB 750)
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
$3,229,392 $3,229,392 $3,229,392 $3,229,392
$3,229,392 $3,229,392 $3,229,392 $3,229,392
$3,229,392 $3,229,392 $3,229,392 $3,229,392
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
156.1 Increase funds for the payment to the Teachers Retirement System of Georgia to reflect projected expenditures.
State General Funds
$838,723
$838,723
$838,723
156.100-State Interagency Transfers
Appropriation (HB 750)
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
$8,936,686
$8,936,686
$8,936,686
State General Funds
$8,936,686
$8,936,686
$8,936,686
TOTAL FEDERAL FUNDS
$22,847,100 $22,847,100 $22,847,100
TUESDAY, FEBRUARY 16, 2016
831
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$22,847,100 $31,783,786
$22,847,100 $31,783,786
$22,847,100 $31,783,786
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
$26,447,967 $26,447,967
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $28,269,036
$26,447,967 $26,447,967
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $28,269,036
$26,447,967 $26,447,967
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $28,269,036
157.100 -State Schools
Appropriation (HB 750)
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
832
JOURNAL OF THE HOUSE
Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$61,006 $3,844 $3,844
$28,269,036
$61,006 $3,844 $3,844
$28,269,036
$61,006 $3,844 $3,844
$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.
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
$17,002,426 $17,002,426 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $41,729,221
$17,002,426 $17,002,426 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $41,729,221
$17,002,426 $17,002,426 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $41,729,221
158.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$385
$385
$385
158.2 Increase funds for vocational industry certification.
State General Funds
$74,051
$74,051
$74,051
158.100-Technology/Career Education
Appropriation (HB 750)
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
$17,076,862 $17,076,862 $17,076,862
State General Funds
$17,076,862 $17,076,862 $17,076,862
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
TUESDAY, FEBRUARY 16, 2016
833
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$4,779,024 $4,779,024 $41,803,657
$4,779,024 $4,779,024 $41,803,657
$4,779,024 $4,779,024 $41,803,657
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
$26,656,506 $26,656,506 $19,351,801 $19,351,801 $46,008,307
$26,656,506 $26,656,506 $19,351,801 $19,351,801 $46,008,307
$26,656,506 $26,656,506 $19,351,801 $19,351,801 $46,008,307
159.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$466
$466
$466
159.100 -Testing
Appropriation (HB 750)
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
$26,656,972 $26,656,972 $26,656,972
State General Funds
$26,656,972 $26,656,972 $26,656,972
TOTAL FEDERAL FUNDS
$19,351,801 $19,351,801 $19,351,801
Federal Funds Not Itemized
$19,351,801 $19,351,801 $19,351,801
TOTAL PUBLIC FUNDS
$46,008,773 $46,008,773 $46,008,773
Tuition for Multi-Handicapped Program
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.
834
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
160.100-Tuition for Multi-Handicapped Program
Appropriation (HB 750)
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 $2,463.43. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Section 25: 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
$30,579,930 $30,579,930
$30,579,930 $30,579,930
$4,456,129
$4,456,129
$4,456,129
$4,456,129
$4,456,129
$4,456,129
$20,709,689 $20,709,689
$20,709,689 $20,709,689
$20,709,689 $20,709,689
$55,745,748 $55,745,748
$30,579,930 $30,579,930
$4,456,129 $4,456,129 $4,456,129 $20,709,689 $20,709,689 $20,709,689 $55,745,748
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
$30,579,930 $30,579,930
$4,456,129 $4,456,129 $4,456,129 $20,709,689
$30,579,930 $30,579,930
$4,456,129 $4,456,129 $4,456,129 $20,709,689
$30,579,930 $30,579,930
$4,456,129 $4,456,129 $4,456,129 $20,709,689
TUESDAY, FEBRUARY 16, 2016
835
State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
$20,709,689 $20,709,689 $55,745,748
$20,709,689 $20,709,689 $55,745,748
$20,709,689 $20,709,689 $55,745,748
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 $4,456,129 $4,456,129 $4,456,129 $4,456,129
$0 $0 $4,456,129 $4,456,129 $4,456,129 $4,456,129
$0 $0 $4,456,129 $4,456,129 $4,456,129 $4,456,129
161.100-Deferred Compensation
Appropriation (HB 750)
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
$4,456,129 $4,456,129 $4,456,129 $4,456,129
$4,456,129 $4,456,129 $4,456,129 $4,456,129
$4,456,129 $4,456,129 $4,456,129 $4,456,129
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
$1,989,530 $1,989,530 $1,989,530
$1,989,530 $1,989,530 $1,989,530
$1,989,530 $1,989,530 $1,989,530
162.100-Georgia Military Pension Fund
Appropriation (HB 750)
The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.
836
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,989,530 $1,989,530 $1,989,530
$1,989,530 $1,989,530 $1,989,530
$1,989,530 $1,989,530 $1,989,530
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
$28,580,000 $28,580,000 $28,580,000
$28,580,000 $28,580,000 $28,580,000
$28,580,000 $28,580,000 $28,580,000
163.100 -Public School Employees Retirement System
Appropriation (HB 750)
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
$10,400 $10,400 $20,709,689 $20,709,689 $20,709,689 $20,720,089
$10,400 $10,400 $20,709,689 $20,709,689 $20,709,689 $20,720,089
$10,400 $10,400 $20,709,689 $20,709,689 $20,709,689 $20,720,089
164.100-System Administration
Appropriation (HB 750)
The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse
retirement benefits to members and beneficiaries.
TUESDAY, FEBRUARY 16, 2016
837
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
$10,400 $10,400 $20,709,689 $20,709,689 $20,709,689 $20,720,089
$10,400 $10,400 $20,709,689 $20,709,689 $20,709,689 $20,720,089
$10,400 $10,400 $20,709,689 $20,709,689 $20,709,689 $20,720,089
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 26: 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
$35,311,295 $35,311,295
$35,311,295 $35,311,295
$5,982,769
$5,982,769
$5,982,769
$5,982,769
$6,941,687
$6,941,687
$187,000
$187,000
$187,000
$187,000
$33,000
$33,000
$33,000
$33,000
$6,721,687
$6,721,687
$6,721,687
$6,721,687
$210,500
$210,500
$210,500
$210,500
$210,500
$210,500
$48,446,251 $48,446,251
$35,311,295 $35,311,295
$5,982,769 $5,982,769 $6,941,687
$187,000 $187,000
$33,000 $33,000 $6,721,687 $6,721,687 $210,500 $210,500 $210,500 $48,446,251
838
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
Section Total - Final
$35,318,388 $35,318,388
$5,982,769 $5,982,769 $6,941,687
$187,000 $187,000
$33,000 $33,000 $6,721,687 $6,721,687 $210,500 $210,500 $210,500 $48,453,344
$35,318,388 $35,318,388
$5,982,769 $5,982,769 $6,941,687
$187,000 $187,000
$33,000 $33,000 $6,721,687 $6,721,687 $210,500 $210,500 $210,500 $48,453,344
$35,318,388 $35,318,388
$5,982,769 $5,982,769 $6,941,687
$187,000 $187,000
$33,000 $33,000 $6,721,687 $6,721,687 $210,500 $210,500 $210,500 $48,453,344
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
$3,477,646 $3,477,646
$48,800 $48,800 $182,780 $182,780 $182,780 $3,709,226
$3,477,646 $3,477,646
$48,800 $48,800 $182,780 $182,780 $182,780 $3,709,226
$3,477,646 $3,477,646
$48,800 $48,800 $182,780 $182,780 $182,780 $3,709,226
165.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$7,093
$7,093
$7,093
TUESDAY, FEBRUARY 16, 2016
839
165.99 SAC: The purpose of this appropriation is to administer department needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. House: The purpose of this appropriation is to administer department needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. Governor: The purpose of this appropriation is to administer department needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation.
State General Funds
$0
$0
$0
165.100-Commission Administration
Appropriation (HB 750)
The purpose of this appropriation is to administer department needs, handle purchasing, accounts receivable and payable, meet
information technology needs, and provide oversight that emphasizes customer values and process innovation.
TOTAL STATE FUNDS
$3,484,739
$3,484,739
$3,484,739
State General Funds
$3,484,739
$3,484,739
$3,484,739
TOTAL FEDERAL FUNDS
$48,800
$48,800
$48,800
Federal Funds Not Itemized
$48,800
$48,800
$48,800
TOTAL AGENCY FUNDS
$182,780
$182,780
$182,780
Sales and Services
$182,780
$182,780
$182,780
Sales and Services Not Itemized
$182,780
$182,780
$182,780
TOTAL PUBLIC FUNDS
$3,716,319
$3,716,319
$3,716,319
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
$2,861,831 $2,861,831 $3,553,571 $3,553,571
$950,732
$2,861,831 $2,861,831 $3,553,571 $3,553,571
$950,732
$2,861,831 $2,861,831 $3,553,571 $3,553,571
$950,732
840
JOURNAL OF THE HOUSE
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
$187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,555,134
$187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,555,134
$187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,555,134
166.99 SAC: 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 fire suppression assistance to the Forest Protection program. House: 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 fire suppression assistance to the Forest Protection program. Governor: 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 fire suppression assistance to the Forest Protection program.
State General Funds
$0
$0
$0
166.100-Forest Management
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
841
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 fire suppression assistance to the Forest Protection program.
TOTAL STATE FUNDS
$2,861,831
$2,861,831
$2,861,831
State General Funds
$2,861,831
$2,861,831
$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
$7,555,134
$7,555,134
$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
$28,971,818 $28,971,818
$2,246,681 $2,246,681 $4,741,312
$33,000 $33,000 $4,708,312
$28,971,818 $28,971,818
$2,246,681 $2,246,681 $4,741,312
$33,000 $33,000 $4,708,312
$28,971,818 $28,971,818
$2,246,681 $2,246,681 $4,741,312
$33,000 $33,000 $4,708,312
842
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$4,708,312 $15,000 $15,000 $15,000
$35,974,811
$4,708,312 $15,000 $15,000 $15,000
$35,974,811
$4,708,312 $15,000 $15,000 $15,000
$35,974,811
167.100-Forest Protection
Appropriation (HB 750)
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
$28,971,818 $28,971,818 $28,971,818
State General Funds
$28,971,818 $28,971,818 $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
State Funds Transfers
$15,000
$15,000
$15,000
Agency to Agency Contracts
$15,000
$15,000
$15,000
TOTAL PUBLIC FUNDS
$35,974,811 $35,974,811 $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
$0
$0
$0
$0
$0
$0
TUESDAY, FEBRUARY 16, 2016
843
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
168.100 -Tree Seedling Nursery
Appropriation (HB 750)
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
Section 27: 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
Section Total - Continuation
$58,303,356 $58,303,356
$58,303,356 $58,303,356
$30,120,112 $30,120,112
$30,120,112 $30,120,112
$761,031
$761,031
$500,000
$500,000
$500,000
$500,000
$58,303,356 $58,303,356 $30,120,112 $30,120,112
$761,031 $500,000 $500,000
844
JOURNAL OF THE HOUSE
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
$100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $89,331,824
$100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $89,331,824
$100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $89,331,824
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
TOTAL PUBLIC FUNDS
Section Total - Final
$68,308,185 $68,308,185 $30,120,112 $30,120,112
$761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $99,336,653
$68,308,185 $68,308,185 $30,120,112 $30,120,112
$761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $99,336,653
$68,108,185 $68,108,185 $30,120,112 $30,120,112
$761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $99,136,653
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
TUESDAY, FEBRUARY 16, 2016
845
169.1 Increase funds to meet projected expenditures. State General Funds
$10,000,000 $10,000,000 $10,000,000
169.100-Governor's Emergency Fund
Appropriation (HB 750)
The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on
government.
TOTAL STATE FUNDS
$21,062,041 $21,062,041 $21,062,041
State General Funds
$21,062,041 $21,062,041 $21,062,041
TOTAL PUBLIC FUNDS
$21,062,041 $21,062,041 $21,062,041
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
$6,504,848 $6,504,848
$100,000 $100,000 $100,000 $6,604,848
$6,504,848 $6,504,848
$100,000 $100,000 $100,000 $6,604,848
$6,504,848 $6,504,848
$100,000 $100,000 $100,000 $6,604,848
170.100 -Governor's Office
Appropriation (HB 750)
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
846
JOURNAL OF THE HOUSE
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
$8,568,626 $8,568,626 $8,568,626
$8,568,626 $8,568,626 $8,568,626
$8,568,626 $8,568,626 $8,568,626
171.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$4,829
$4,829
$4,829
171.100 -Planning and Budget, Governor's Office of
Appropriation (HB 750)
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
$8,573,455
$8,573,455
$8,573,455
State General Funds
$8,573,455
$8,573,455
$8,573,455
TOTAL PUBLIC FUNDS
$8,573,455
$8,573,455
$8,573,455
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
$981,295 $981,295
$5,000 $5,000 $986,295
$981,295 $981,295
$5,000 $5,000 $986,295
$981,295 $981,295
$5,000 $5,000 $986,295
172.100 -Child Advocate, Office of the
Appropriation (HB 750)
The purpose of this appropriation is to provide independent oversight of persons, organizations, and agencies responsible for the
protection and well-being of children.
TUESDAY, FEBRUARY 16, 2016
847
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$981,295 $981,295
$5,000 $5,000 $986,295
$981,295 $981,295
$5,000 $5,000 $986,295
$981,295 $981,295
$5,000 $5,000 $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 PUBLIC FUNDS
$824,505 $824,505 $824,505
$824,505 $824,505 $824,505
$824,505 $824,505 $824,505
173.1 Reduce funds. State General Funds
($200,000)
173.100 -Children and Families, Governor's Office for
Appropriation (HB 750)
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
$624,505
State General Funds
$824,505
$824,505
$624,505
TOTAL PUBLIC FUNDS
$824,505
$824,505
$624,505
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
$2,534,416 $2,534,416 $29,703,182
$2,534,416 $2,534,416 $29,703,182
$2,534,416 $2,534,416 $29,703,182
848
JOURNAL OF THE HOUSE
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
$29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325
$33,045,454
$29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325
$33,045,454
$29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325
$33,045,454
174.100 -Emergency Management Agency, Georgia
Appropriation (HB 750)
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
$2,534,416
State General Funds
$2,534,416
$2,534,416
$2,534,416
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 $33,045,454
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.
TUESDAY, FEBRUARY 16, 2016
849
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$695,777 $695,777 $695,777
$695,777 $695,777 $695,777
$695,777 $695,777 $695,777
175.100-Equal Opportunity, Georgia Commission on
Appropriation (HB 750)
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 Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$6,887,089 $6,887,089
$411,930 $411,930
$500 $500 $500 $7,299,519
$6,887,089 $6,887,089
$411,930 $411,930
$500 $500 $500 $7,299,519
$6,887,089 $6,887,089
$411,930 $411,930
$500 $500 $500 $7,299,519
176.100-Professional Standards Commission, Georgia
Appropriation (HB 750)
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
850
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$500 $7,299,519
$500 $7,299,519
$500 $7,299,519
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
$670,679 $670,679 $670,679
$670,679 $670,679 $670,679
$670,679 $670,679 $670,679
177.100 -Office of the State Inspector General
Appropriation (HB 750)
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
$19,574,080 $19,574,080 $19,574,080
$19,574,080 $19,574,080 $19,574,080
$19,574,080 $19,574,080 $19,574,080
178.100 -Student Achievement, Office of
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
851
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$19,574,080 $19,574,080 $19,574,080
$19,574,080 $19,574,080 $19,574,080
$19,574,080 $19,574,080 $19,574,080
The Mansion allowance shall be $40,000.
Section 28: Human Services, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND CCDF Mandatory & Matching Funds CFDA93.596 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 FFIND 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
Section Total - Continuation
$555,998,208 $555,998,208 $555,998,208
$549,806,402 $549,806,402 $549,806,402
$6,191,806
$6,191,806
$6,191,806
$1,129,154,540 $1,129,154,540 $1,129,154,540
$470,089,451 $470,089,451 $470,089,451
$209,161
$209,161
$209,161
$12,198,555 $12,198,555 $12,198,555
$16,735,414 $16,735,414 $16,735,414
$77,298,870 $77,298,870 $77,298,870
$56,629,642 $56,629,642 $56,629,642
$75,870,369 $75,870,369 $75,870,369
$25,838
$25,838
$25,838
$52,776,023 $52,776,023 $52,776,023
$367,321,217 $367,321,217 $367,321,217
$359,672,148 $359,672,148 $359,672,148
$7,649,069
$7,649,069
$7,649,069
$28,668,876 $28,668,876 $28,668,876
$46,500
$46,500
$46,500
$46,500
$46,500
$46,500
$465,286
$465,286
$465,286
$465,286
$465,286
$465,286
$1,500,000
$1,500,000
$1,500,000
$1,500,000
$1,500,000
$1,500,000
$26,657,090 $26,657,090 $26,657,090
$26,657,090 $26,657,090 $26,657,090
852
JOURNAL OF THE HOUSE
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$2,682,638 $1,872,638 $1,872,638
$810,000 $810,000 $1,716,504,262
$2,682,638 $1,872,638 $1,872,638
$810,000 $810,000 $1,716,504,262
$2,682,638 $1,872,638 $1,872,638
$810,000 $810,000 $1,716,504,262
Section Total - Final
TOTAL STATE FUNDS
$643,395,369
State General Funds
$637,203,563
Tobacco Settlement Funds
$6,191,806
TOTAL FEDERAL FUNDS
$1,120,802,111
Federal Funds Not Itemized
$470,589,451
FFIND CCDF Mandatory & Matching Funds CFDA93.596
$209,161
FFIND Child Care and Development Block Grant CFDA93.575
$12,198,555
Community Services Block Grant CFDA93.569
$16,735,414
Foster Care Title IV-E CFDA93.658
$90,169,412
Low-Income Home Energy Assistance CFDA93.568
$56,629,642
Medical Assistance Program CFDA93.778
$75,870,369
FFIND Medical Assistance Program CFDA93.778
$25,838
Social Services Block Grant CFDA93.667
$52,776,023
Temporary Assistance for Needy Families
$345,598,246
Temporary Assistance for Needy Families Grant CFDA93.558
$337,949,177
TANF Transfers to Social Services Block Grant per 42 USC 604
$7,649,069
TOTAL AGENCY FUNDS
$28,668,876
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
Rebates, Refunds, and Reimbursements
$1,500,000
Rebates, Refunds, and Reimbursements Not Itemized
$1,500,000
Sales and Services
$26,657,090
Sales and Services Not Itemized
$26,657,090
$647,117,615 $640,925,809
$6,191,806 $1,120,802,111
$470,589,451 $209,161
$12,198,555 $16,735,414 $90,169,412 $56,629,642 $75,870,369
$25,838 $52,776,023 $345,598,246 $337,949,177
$7,649,069 $28,668,876
$46,500 $46,500 $465,286 $465,286 $1,500,000 $1,500,000 $26,657,090 $26,657,090
$645,708,208 $639,516,402
$6,191,806 $1,120,802,111
$470,589,451 $209,161
$12,198,555 $16,735,414 $90,169,412 $56,629,642 $75,870,369
$25,838 $52,776,023 $345,598,246 $337,949,177
$7,649,069 $28,668,876
$46,500 $46,500 $465,286 $465,286 $1,500,000 $1,500,000 $26,657,090 $26,657,090
TUESDAY, FEBRUARY 16, 2016
853
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$2,682,638 $1,872,638 $1,872,638
$810,000 $810,000 $1,795,548,994
$2,682,638 $1,872,638 $1,872,638
$810,000 $810,000 $1,799,271,240
$2,682,638 $1,872,638 $1,872,638
$810,000 $810,000 $1,797,861,833
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
$33,722,357 $33,722,357 $57,429,877 $41,029,877 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $91,198,734
$33,722,357 $33,722,357 $57,429,877 $41,029,877 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $91,198,734
$33,722,357 $33,722,357 $57,429,877 $41,029,877 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $91,198,734
179.100 -Adoptions Services
Appropriation (HB 750)
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
$57,429,877 $57,429,877 $57,429,877
Federal Funds Not Itemized
$41,029,877 $41,029,877 $41,029,877
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
854
JOURNAL OF THE HOUSE
Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS
$46,500 $91,198,734
$46,500 $91,198,734
$46,500 $91,198,734
After School Care
Continuation Budget
The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort
funds.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS
$0 $0 $15,500,000 $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
180.100 -After School Care
Appropriation (HB 750)
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
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
$1,275,033 $1,275,033 $14,589,595 $11,516,925 $3,072,670 $3,072,670 $15,864,628
$1,275,033 $1,275,033 $14,589,595 $11,516,925 $3,072,670 $3,072,670 $15,864,628
$1,275,033 $1,275,033 $14,589,595 $11,516,925 $3,072,670 $3,072,670 $15,864,628
TUESDAY, FEBRUARY 16, 2016
855
181.100 -Child Abuse and Neglect Prevention
Appropriation (HB 750)
The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse.
TOTAL STATE FUNDS
$1,275,033
$1,275,033
$1,275,033
State General Funds
$1,275,033
$1,275,033
$1,275,033
TOTAL FEDERAL FUNDS
$14,589,595 $14,589,595 $14,589,595
Federal Funds Not Itemized
$11,516,925 $11,516,925 $11,516,925
Temporary Assistance for Needy Families
$3,072,670
$3,072,670
$3,072,670
Temporary Assistance for Needy Families Grant CFDA93.558
$3,072,670
$3,072,670
$3,072,670
TOTAL PUBLIC FUNDS
$15,864,628 $15,864,628 $15,864,628
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
182.100 -Child Care Services
Appropriation (HB 750)
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
$28,819,045 $28,819,045
$28,819,045 $28,819,045
$28,819,045 $28,819,045
856
JOURNAL OF THE HOUSE
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
$76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $108,462,059
$76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $108,462,059
$76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $108,462,059
183.100 -Child Support Services
Appropriation (HB 750)
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
$141,978,657 $141,978,657 $174,220,463
$141,978,657 $141,978,657 $174,220,463
$141,978,657 $141,978,657 $174,220,463
TUESDAY, FEBRUARY 16, 2016
857
Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575 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
$26,906,318 $81,060
$29,011,535 $240,261
$2,844,537 $115,136,752 $107,487,683
$7,649,069 $122,788 $122,788 $122,788
$316,321,908
$26,906,318 $81,060
$29,011,535 $240,261
$2,844,537 $115,136,752 $107,487,683
$7,649,069 $122,788 $122,788 $122,788
$316,321,908
$26,906,318 $81,060
$29,011,535 $240,261
$2,844,537 $115,136,752 $107,487,683
$7,649,069 $122,788 $122,788 $122,788
$316,321,908
184.1 Reduce funds to align the budget with the Temporary Assistance for Needy Families Block Grant (TANF) notice of award.
Temporary Assistance for Needy Families Grant CFDA93.558
($21,722,971) ($21,722,971) ($21,722,971)
184.2 Transfer funds from the Out-of-Home Care program to the Child Welfare Services program to reflect projected expenditures.
Temporary Assistance for Needy Families Grant CFDA93.558
$34,483,285 $34,483,285 $34,483,285
184.3 Increase funds and utilize the Child Abuse Prevention and Treatment Act (CAPTA) to establish the Child Abuse Registry.
Federal Funds Not Itemized
$500,000
$500,000
$500,000
184.4 Increase funds to relocate high-priority Division of Family and Children Services' (DFCS) county offices.
State General Funds
$1,409,407
$0
184.100 -Child Welfare Services
Appropriation (HB 750)
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
$141,978,657 $143,388,064 $141,978,657
State General Funds
$141,978,657 $143,388,064 $141,978,657
TOTAL FEDERAL FUNDS
$187,480,777 $187,480,777 $187,480,777
Federal Funds Not Itemized
$27,406,318 $27,406,318 $27,406,318
FFIND Child Care and Development Block Grant CFDA93.575
$81,060
$81,060
$81,060
Foster Care Title IV-E CFDA93.658
$29,011,535 $29,011,535 $29,011,535
858
JOURNAL OF THE HOUSE
Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF 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
$240,261 $2,844,537 $127,897,066 $120,247,997 $7,649,069
$122,788 $122,788 $122,788 $329,582,222
$240,261 $2,844,537 $127,897,066 $120,247,997 $7,649,069
$122,788 $122,788 $122,788 $330,991,629
$240,261 $2,844,537 $127,897,066 $120,247,997 $7,649,069
$122,788 $122,788 $122,788 $329,582,222
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
185.100-Community Services
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
859
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND CCDF Mandatory & Matching Funds CFDA93.596 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 FFIND 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$36,133,992 $36,133,992 $51,697,276 $29,566,809
$209,161 $1,567,593
$403,981 $4,241,528
$674,420 $4,062,010
$25,838 $2,539,375 $8,406,561 $8,406,561 $12,828,542 $1,500,000 $1,500,000 $11,328,542 $11,328,542 $100,659,810
$36,133,992 $36,133,992 $51,697,276 $29,566,809
$209,161 $1,567,593
$403,981 $4,241,528
$674,420 $4,062,010
$25,838 $2,539,375 $8,406,561 $8,406,561 $12,828,542 $1,500,000 $1,500,000 $11,328,542 $11,328,542 $100,659,810
$36,133,992 $36,133,992 $51,697,276 $29,566,809
$209,161 $1,567,593
$403,981 $4,241,528
$674,420 $4,062,010
$25,838 $2,539,375 $8,406,561 $8,406,561 $12,828,542 $1,500,000 $1,500,000 $11,328,542 $11,328,542 $100,659,810
186.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$52,551
$52,551
$52,551
186.2 Increase funds for the Integrated Eligibility System information technology project.
State General Funds
$1,376,747
$1,376,747
$1,376,747
186.100-Departmental Administration
Appropriation (HB 750)
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
$37,563,290 $37,563,290 $37,563,290
State General Funds
$37,563,290 $37,563,290 $37,563,290
860
JOURNAL OF THE HOUSE
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND CCDF Mandatory & Matching Funds CFDA93.596 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 FFIND 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$51,697,276 $29,566,809
$209,161 $1,567,593
$403,981 $4,241,528
$674,420 $4,062,010
$25,838 $2,539,375 $8,406,561 $8,406,561 $12,828,542 $1,500,000 $1,500,000 $11,328,542 $11,328,542 $102,089,108
$51,697,276 $29,566,809
$209,161 $1,567,593
$403,981 $4,241,528
$674,420 $4,062,010
$25,838 $2,539,375 $8,406,561 $8,406,561 $12,828,542 $1,500,000 $1,500,000 $11,328,542 $11,328,542 $102,089,108
$51,697,276 $29,566,809
$209,161 $1,567,593
$403,981 $4,241,528
$674,420 $4,062,010
$25,838 $2,539,375 $8,406,561 $8,406,561 $12,828,542 $1,500,000 $1,500,000 $11,328,542 $11,328,542 $102,089,108
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
$16,664,077 $16,664,077
$3,123,433 $793,894 $50,000
$2,279,539 $19,787,510
$16,664,077 $16,664,077
$3,123,433 $793,894 $50,000
$2,279,539 $19,787,510
$16,664,077 $16,664,077
$3,123,433 $793,894 $50,000
$2,279,539 $19,787,510
TUESDAY, FEBRUARY 16, 2016
861
187.100 -Elder Abuse Investigations and Prevention
Appropriation (HB 750)
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
$16,664,077 $16,664,077 $16,664,077
State General Funds
$16,664,077 $16,664,077 $16,664,077
TOTAL FEDERAL FUNDS
$3,123,433
$3,123,433
$3,123,433
Federal Funds Not Itemized
$793,894
$793,894
$793,894
Medical Assistance Program CFDA93.778
$50,000
$50,000
$50,000
Social Services Block Grant CFDA93.667
$2,279,539
$2,279,539
$2,279,539
TOTAL PUBLIC FUNDS
$19,787,510 $19,787,510 $19,787,510
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.
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
$71,099,477 $64,907,671
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $112,516,279
$71,099,477 $64,907,671
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $112,516,279
$71,099,477 $64,907,671
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $112,516,279
188.1 Increase funds for the Community Care Services Program (CCSP) to achieve budget compliance.
State General Funds
$2,312,839
$2,312,839
188.100-Elder Community Living Services
Appropriation (HB 750)
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
$71,099,477 $73,412,316 $73,412,316
State General Funds
$64,907,671 $67,220,510 $67,220,510
Tobacco Settlement Funds
$6,191,806
$6,191,806
$6,191,806
862
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
$41,416,802 $23,890,113 $13,765,259
$3,761,430 $112,516,279
$41,416,802 $23,890,113 $13,765,259
$3,761,430 $114,829,118
$41,416,802 $23,890,113 $13,765,259
$3,761,430 $114,829,118
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
$3,628,538 $3,628,538 $6,616,268 $5,866,268
$750,000 $10,244,806
$3,628,538 $3,628,538 $6,616,268 $5,866,268
$750,000 $10,244,806
$3,628,538 $3,628,538 $6,616,268 $5,866,268
$750,000 $10,244,806
189.100 -Elder Support Services
Appropriation (HB 750)
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
Social Services Block Grant CFDA93.667
$750,000
$750,000
$750,000
TOTAL PUBLIC FUNDS
$10,244,806 $10,244,806 $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
$0 $0 $55,320,027
$0 $0 $55,320,027
$0 $0 $55,320,027
TUESDAY, FEBRUARY 16, 2016
863
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
190.100 -Energy Assistance
Appropriation (HB 750)
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
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
$107,245,814 $107,245,814 $168,285,306 $83,874,192
$772,556 $221,296 $3,940,770 $635,195 $56,580,020 $22,261,277 $22,261,277 $275,531,120
$107,245,814 $107,245,814 $168,285,306 $83,874,192
$772,556 $221,296 $3,940,770 $635,195 $56,580,020 $22,261,277 $22,261,277 $275,531,120
$107,245,814 $107,245,814 $168,285,306 $83,874,192
$772,556 $221,296 $3,940,770 $635,195 $56,580,020 $22,261,277 $22,261,277 $275,531,120
191.100 -Federal Eligibility Benefit Services
Appropriation (HB 750)
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
$107,245,814 $107,245,814 $107,245,814
State General Funds
$107,245,814 $107,245,814 $107,245,814
TOTAL FEDERAL FUNDS
$168,285,306 $168,285,306 $168,285,306
864
JOURNAL OF THE HOUSE
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
$83,874,192 $772,556 $221,296
$3,940,770 $635,195
$56,580,020 $22,261,277 $22,261,277 $275,531,120
$83,874,192 $772,556 $221,296
$3,940,770 $635,195
$56,580,020 $22,261,277 $22,261,277 $275,531,120
$83,874,192 $772,556 $221,296
$3,940,770 $635,195
$56,580,020 $22,261,277 $22,261,277 $275,531,120
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
192.100-Federal Fund Transfers to Other Agencies
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
865
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
$81,687,918 $81,687,918 $137,907,950
$231,924 $39,485,774 $98,190,252 $98,190,252 $219,595,868
$81,687,918 $81,687,918 $137,907,950
$231,924 $39,485,774 $98,190,252 $98,190,252 $219,595,868
$81,687,918 $81,687,918 $137,907,950
$231,924 $39,485,774 $98,190,252 $98,190,252 $219,595,868
193.1 Increase funds for growth in out-of-home care utilization.
State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds:
$51,482,167 $12,870,542 $64,352,709
$51,482,167 $12,870,542 $64,352,709
$51,482,167 $12,870,542 $64,352,709
193.2 Increase funds to replace prior year Temporary Assistance for Needy Families (TANF) funds.
State General Funds
$34,483,285 $34,483,285 $34,483,285
193.3 Transfer funds from the Out-of-Home Care program to the Child Welfare Services program to reflect projected expenditures.
Temporary Assistance for Needy Families Grant CFDA93.558
($34,483,285) ($34,483,285) ($34,483,285)
193.100 -Out-of-Home Care
Appropriation (HB 750)
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
$167,653,370 $167,653,370 $167,653,370
State General Funds
$167,653,370 $167,653,370 $167,653,370
TOTAL FEDERAL FUNDS
$116,295,207 $116,295,207 $116,295,207
Federal Funds Not Itemized
$231,924
$231,924
$231,924
Foster Care Title IV-E CFDA93.658
$52,356,316 $52,356,316 $52,356,316
Temporary Assistance for Needy Families
$63,706,967 $63,706,967 $63,706,967
866
JOURNAL OF THE HOUSE
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS
$63,706,967 $63,706,967 $63,706,967 $283,948,577 $283,948,577 $283,948,577
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
194.100 -Refugee Assistance
Appropriation (HB 750)
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 Foster Care Title IV-E CFDA93.658
TOTAL PUBLIC FUNDS
$1,638,040 $1,638,040
$619,263 $619,263 $2,257,303
$1,638,040 $1,638,040
$619,263 $619,263 $2,257,303
$1,638,040 $1,638,040
$619,263 $619,263 $2,257,303
TUESDAY, FEBRUARY 16, 2016
867
195.100 -Residential Child Care Licensing
Appropriation (HB 750)
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
196.100-Support for Needy Families - Basic Assistance
Appropriation (HB 750)
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.
868
JOURNAL OF THE HOUSE
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 $19,154,980 $2,600,815 $16,554,165 $16,554,165 $19,154,980
$0 $0 $19,154,980 $2,600,815 $16,554,165 $16,554,165 $19,154,980
$0 $0 $19,154,980 $2,600,815 $16,554,165 $16,554,165 $19,154,980
197.100-Support for Needy Families - Work Assistance
Appropriation (HB 750)
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
$19,154,980 $2,600,815
$16,554,165 $16,554,165 $19,154,980
$19,154,980 $2,600,815
$16,554,165 $16,554,165 $19,154,980
$19,154,980 $2,600,815
$16,554,165 $16,554,165 $19,154,980
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
$232,731 $232,731 $232,731
$232,731 $232,731 $232,731
$232,731 $232,731 $232,731
198.100 -Council On Aging
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
869
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
$8,664,148 $8,664,148 $1,172,819 $1,172,819 $9,836,967
$8,664,148 $8,664,148 $1,172,819 $1,172,819 $9,836,967
$8,664,148 $8,664,148 $1,172,819 $1,172,819 $9,836,967
199.100-Family Connection
Appropriation (HB 750)
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
$8,664,148
$8,664,148
$8,664,148
State General Funds
$8,664,148
$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
$9,836,967
$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
TOTAL PUBLIC FUNDS
$282,801 $282,801 $2,919,976 $2,919,976
$36,000 $36,000 $36,000 $3,238,777
$282,801 $282,801 $2,919,976 $2,919,976
$36,000 $36,000 $36,000 $3,238,777
$282,801 $282,801 $2,919,976 $2,919,976
$36,000 $36,000 $36,000 $3,238,777
870
JOURNAL OF THE HOUSE
200.100 -Georgia Vocational Rehabilitation Agency: Business Enterprise Program
Appropriation (HB 750)
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
$2,919,976
$2,919,976
$2,919,976
Federal Funds Not Itemized
$2,919,976
$2,919,976
$2,919,976
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$36,000
$36,000
$36,000
State Funds Transfers
$36,000
$36,000
$36,000
Agency to Agency Contracts
$36,000
$36,000
$36,000
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,461,659 $1,461,659 $8,058,850 $8,058,850
$45,000 $45,000 $45,000 $9,565,509
$1,461,659 $1,461,659 $8,058,850 $8,058,850
$45,000 $45,000 $45,000 $9,565,509
$1,461,659 $1,461,659 $8,058,850 $8,058,850
$45,000 $45,000 $45,000 $9,565,509
201.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$2,411
$2,411
$2,411
TUESDAY, FEBRUARY 16, 2016
871
201.2 Transfer funds from savings in contracts 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
($34,971)
($34,971)
($34,971)
201.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration
Appropriation (HB 750)
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
$1,429,099
$1,429,099
$1,429,099
State General Funds
$1,429,099
$1,429,099
$1,429,099
TOTAL FEDERAL FUNDS
$8,058,850
$8,058,850
$8,058,850
Federal Funds Not Itemized
$8,058,850
$8,058,850
$8,058,850
TOTAL AGENCY FUNDS
$45,000
$45,000
$45,000
Sales and Services
$45,000
$45,000
$45,000
Sales and Services Not Itemized
$45,000
$45,000
$45,000
TOTAL PUBLIC FUNDS
$9,532,949
$9,532,949
$9,532,949
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
202.100-Georgia Vocational Rehabilitation Agency: Disability Adjudication Services
Appropriation (HB 750)
The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens
can obtain support.
872
JOURNAL OF THE HOUSE
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
203.100-Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
873
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 Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$19,294,878 $19,294,878 $76,910,506 $76,910,506
$3,400,000 $3,400,000 $3,400,000 $2,128,090 $1,318,090 $1,318,090
$810,000 $810,000 $101,733,474
$19,294,878 $19,294,878 $76,910,506 $76,910,506
$3,400,000 $3,400,000 $3,400,000 $2,128,090 $1,318,090 $1,318,090
$810,000 $810,000 $101,733,474
$19,294,878 $19,294,878 $76,910,506 $76,910,506
$3,400,000 $3,400,000 $3,400,000 $2,128,090 $1,318,090 $1,318,090
$810,000 $810,000 $101,733,474
204.1 Transfer funds from savings in contracts 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
$34,971
$34,971
$34,971
204.100-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
$19,329,849
State General Funds
$19,329,849
TOTAL FEDERAL FUNDS
$76,910,506
Federal Funds Not Itemized
$76,910,506
TOTAL AGENCY FUNDS
$3,400,000
Sales and Services
$3,400,000
Sales and Services Not Itemized
$3,400,000
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$2,128,090
State Funds Transfers
$1,318,090
Agency to Agency Contracts
$1,318,090
Agency Funds Transfers
$810,000
Appropriation (HB 750)
$19,329,849 $19,329,849 $76,910,506 $76,910,506
$3,400,000 $3,400,000 $3,400,000 $2,128,090 $1,318,090 $1,318,090
$810,000
$19,329,849 $19,329,849 $76,910,506 $76,910,506
$3,400,000 $3,400,000 $3,400,000 $2,128,090 $1,318,090 $1,318,090
$810,000
874
JOURNAL OF THE HOUSE
Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$810,000
$810,000
$810,000
$101,768,445 $101,768,445 $101,768,445
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 PUBLIC FUNDS
$2,069,043 $2,069,043 $2,069,043
$2,069,043 $2,069,043 $2,069,043
$2,069,043 $2,069,043 $2,069,043
205.100-Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital
Appropriation (HB 750)
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 PUBLIC FUNDS
$2,069,043
$2,069,043
$2,069,043
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.
TUESDAY, FEBRUARY 16, 2016
875
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 29: Insurance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Continuation
$19,896,674 $19,896,674
$19,896,674 $19,896,674
$733,208
$733,208
$733,208
$733,208
$5,000
$5,000
$5,000
$5,000
$5,000
$5,000
$334,026
$334,026
$334,026
$334,026
$334,026
$334,026
$20,968,908 $20,968,908
$19,896,674 $19,896,674
$733,208 $733,208
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,968,908
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
$19,899,993 $19,899,993
$733,208 $733,208
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,972,227
$19,899,993 $19,899,993
$733,208 $733,208
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,972,227
$19,899,993 $19,899,993
$733,208 $733,208
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,972,227
876
JOURNAL OF THE HOUSE
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
$1,866,817 $1,866,817 $1,866,817
$1,866,817 $1,866,817 $1,866,817
$1,866,817 $1,866,817 $1,866,817
206.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$3,319
$3,319
$3,319
206.100-Departmental Administration
Appropriation (HB 750)
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
$1,870,136
$1,870,136
$1,870,136
State General Funds
$1,870,136
$1,870,136
$1,870,136
TOTAL PUBLIC FUNDS
$1,870,136
$1,870,136
$1,870,136
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
$789,431 $789,431 $789,431
$789,431 $789,431 $789,431
$789,431 $789,431 $789,431
207.100 -Enforcement
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
877
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
$6,894,544 $6,894,544
$727,000 $727,000
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $7,960,570
$6,894,544 $6,894,544
$727,000 $727,000
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $7,960,570
$6,894,544 $6,894,544
$727,000 $727,000
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $7,960,570
208.100-Fire Safety
Appropriation (HB 750)
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
$6,894,544
$6,894,544
$6,894,544
State General Funds
$6,894,544
$6,894,544
$6,894,544
TOTAL FEDERAL FUNDS
$727,000
$727,000
$727,000
Federal Funds Not Itemized
$727,000
$727,000
$727,000
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
878
JOURNAL OF THE HOUSE
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$334,026 $7,960,570
$334,026 $7,960,570
$334,026 $7,960,570
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
$668,212 $668,212 $668,212
$668,212 $668,212 $668,212
$668,212 $668,212 $668,212
209.100 -Industrial Loan
Appropriation (HB 750)
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
$668,212
$668,212
$668,212
State General Funds
$668,212
$668,212
$668,212
TOTAL PUBLIC FUNDS
$668,212
$668,212
$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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$9,677,670 $9,677,670
$6,208 $6,208 $9,683,878
$9,677,670 $9,677,670
$6,208 $6,208 $9,683,878
$9,677,670 $9,677,670
$6,208 $6,208 $9,683,878
210.100 -Insurance Regulation
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
879
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
$9,677,670
$9,677,670
$9,677,670
State General Funds
$9,677,670
$9,677,670
$9,677,670
TOTAL FEDERAL FUNDS
$6,208
$6,208
$6,208
Federal Funds Not Itemized
$6,208
$6,208
$6,208
TOTAL PUBLIC FUNDS
$9,683,878
$9,683,878
$9,683,878
Section 30: 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
$121,041,296 $121,041,296
$121,041,296 $121,041,296
$50,308,267 $50,308,267
$49,316,587 $49,316,587
$991,680
$991,680
$24,658,236 $24,658,236
$24,658,236 $24,658,236
$24,658,236 $24,658,236
$196,007,799 $196,007,799
$121,041,296 $121,041,296 $50,308,267 $49,316,587
$991,680 $24,658,236 $24,658,236 $24,658,236 $196,007,799
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
$121,049,990 $121,049,990 $50,308,267 $49,316,587
$991,680 $24,658,236 $24,658,236 $24,658,236 $196,016,493
$121,049,990 $121,049,990 $50,308,267 $49,316,587
$991,680 $24,658,236 $24,658,236 $24,658,236 $196,016,493
$121,049,990 $121,049,990 $50,308,267 $49,316,587
$991,680 $24,658,236 $24,658,236 $24,658,236 $196,016,493
880
JOURNAL OF THE HOUSE
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
$7,912,855 $7,912,855
$12,600 $12,600 $7,925,455
$7,912,855 $7,912,855
$12,600 $12,600 $7,925,455
$7,912,855 $7,912,855
$12,600 $12,600 $7,925,455
211.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$8,471
$8,471
$8,471
211.100-Bureau Administration
Appropriation (HB 750)
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
$7,921,326
$7,921,326
$7,921,326
State General Funds
$7,921,326
$7,921,326
$7,921,326
TOTAL FEDERAL FUNDS
$12,600
$12,600
$12,600
Federal Funds Not Itemized
$12,600
$12,600
$12,600
TOTAL PUBLIC FUNDS
$7,933,926
$7,933,926
$7,933,926
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
$4,392,764 $4,392,764
$123,685 $123,685 $6,308,894
$4,392,764 $4,392,764
$123,685 $123,685 $6,308,894
$4,392,764 $4,392,764
$123,685 $123,685 $6,308,894
TUESDAY, FEBRUARY 16, 2016
881
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$6,308,894 $6,308,894 $10,825,343
$6,308,894 $6,308,894 $10,825,343
$6,308,894 $6,308,894 $10,825,343
212.100-Criminal Justice Information Services
Appropriation (HB 750)
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
$32,984,331 $32,984,331
$66,131 $66,131 $157,865 $157,865 $157,865 $33,208,327
$32,984,331 $32,984,331
$66,131 $66,131 $157,865 $157,865 $157,865 $33,208,327
$32,984,331 $32,984,331
$66,131 $66,131 $157,865 $157,865 $157,865 $33,208,327
882
JOURNAL OF THE HOUSE
213.100 -Forensic Scientific Services
Appropriation (HB 750)
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
$32,984,331 $32,984,331 $32,984,331
State General Funds
$32,984,331 $32,984,331 $32,984,331
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
$33,208,327 $33,208,327 $33,208,327
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 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$36,084,275 $36,084,275
$1,157,065 $1,157,065
$71,199 $71,199 $71,199 $37,312,539
$36,084,275 $36,084,275
$1,157,065 $1,157,065
$71,199 $71,199 $71,199 $37,312,539
$36,084,275 $36,084,275
$1,157,065 $1,157,065
$71,199 $71,199 $71,199 $37,312,539
214.100 -Regional Investigative Services
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
883
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
$36,084,275 $36,084,275 $36,084,275
State General Funds
$36,084,275 $36,084,275 $36,084,275
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
$37,312,539 $37,312,539 $37,312,539
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
$27,634,621 $27,634,621 $48,948,786 $47,957,106
$991,680 $18,120,278 $18,120,278 $18,120,278 $94,703,685
$27,634,621 $27,634,621 $48,948,786 $47,957,106
$991,680 $18,120,278 $18,120,278 $18,120,278 $94,703,685
$27,634,621 $27,634,621 $48,948,786 $47,957,106
$991,680 $18,120,278 $18,120,278 $18,120,278 $94,703,685
215.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$223
$223
$223
215.100-Criminal Justice Coordinating Council
Appropriation (HB 750)
The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and
secure communities, and award grants.
884
JOURNAL OF THE HOUSE
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
$27,634,844 $27,634,844 $48,948,786 $47,957,106
$991,680 $18,120,278 $18,120,278 $18,120,278 $94,703,908
$27,634,844 $27,634,844 $48,948,786 $47,957,106
$991,680 $18,120,278 $18,120,278 $18,120,278 $94,703,908
$27,634,844 $27,634,844 $48,948,786 $47,957,106
$991,680 $18,120,278 $18,120,278 $18,120,278 $94,703,908
Criminal Justice Coordinating Council: Family Violence
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
$12,032,450 $12,032,450 $12,032,450
$12,032,450 $12,032,450 $12,032,450
$12,032,450 $12,032,450 $12,032,450
216.100-Criminal Justice Coordinating Council: Family Violence
Appropriation (HB 750)
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
$12,032,450 $12,032,450 $12,032,450
State General Funds
$12,032,450 $12,032,450 $12,032,450
TOTAL PUBLIC FUNDS
$12,032,450 $12,032,450 $12,032,450
Section 31: 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
Section Total - Continuation
$312,759,048 $312,759,048
$312,759,048 $312,759,048
$6,804,611
$6,804,611
$5,309,433
$5,309,433
$1,495,178
$1,495,178
$40,360
$40,360
$312,759,048 $312,759,048
$6,804,611 $5,309,433 $1,495,178
$40,360
TUESDAY, FEBRUARY 16, 2016
885
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
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
$5,085 $5,085 $35,275 $35,275 $299,805 $299,805 $299,805 $319,903,824
$5,085 $5,085 $35,275 $35,275 $299,805 $299,805 $299,805 $319,903,824
$5,085 $5,085 $35,275 $35,275 $299,805 $299,805 $299,805 $319,903,824
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
Section Total - Final
$312,806,885 $312,806,885
$6,804,611 $5,309,433 $1,495,178
$40,360 $5,085 $5,085
$35,275 $35,275 $299,805 $299,805 $299,805 $319,951,661
$311,049,120 $311,049,120
$6,804,611 $5,309,433 $1,495,178
$40,360 $5,085 $5,085
$35,275 $35,275 $299,805 $299,805 $299,805 $318,193,896
$312,606,885 $312,606,885
$6,804,611 $5,309,433 $1,495,178
$40,360 $5,085 $5,085
$35,275 $35,275 $299,805 $299,805 $299,805 $319,751,661
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.
886
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$86,143,081 $86,143,081
$2,189,222 $694,044
$1,495,178 $500 $500 $500
$299,805 $299,805 $299,805 $88,632,608
$86,143,081 $86,143,081
$2,189,222 $694,044
$1,495,178 $500 $500 $500
$299,805 $299,805 $299,805 $88,632,608
$86,143,081 $86,143,081
$2,189,222 $694,044
$1,495,178 $500 $500 $500
$299,805 $299,805 $299,805 $88,632,608
217.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$9,737
$9,737
$9,737
217.2 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program for 40 Step-Down slots as part of juvenile justice reform initiatives.
State General Funds
$2,389,938
$2,389,938
$2,389,938
217.3 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program to implement a salary increase for juvenile probation and parole officers.
State General Funds
$266,150
$266,150
$266,150
217.100-Community Services
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
887
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$88,808,906 $88,808,906
$2,189,222 $694,044
$1,495,178 $500 $500 $500
$299,805 $299,805 $299,805 $91,298,433
$88,808,906 $88,808,906
$2,189,222 $694,044
$1,495,178 $500 $500 $500
$299,805 $299,805 $299,805 $91,298,433
$88,808,906 $88,808,906
$2,189,222 $694,044
$1,495,178 $500 $500 $500
$299,805 $299,805 $299,805 $91,298,433
Departmental Administration
Continuation Budget
The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their
actions through the delivery of effective services in appropriate settings.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$23,535,119 $23,535,119
$743,202 $743,202
$18,130 $18,130 $18,130 $24,296,451
$23,535,119 $23,535,119
$743,202 $743,202
$18,130 $18,130 $18,130 $24,296,451
$23,535,119 $23,535,119
$743,202 $743,202
$18,130 $18,130 $18,130 $24,296,451
218.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$16,252
$16,252
$16,252
218.100-Departmental Administration
Appropriation (HB 750)
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.
888
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
$23,551,371 $23,551,371
$743,202 $743,202
$18,130 $18,130 $18,130 $24,312,703
$23,551,371 $23,551,371
$743,202 $743,202
$18,130 $18,130 $18,130 $24,312,703
$23,551,371 $23,551,371
$743,202 $743,202
$18,130 $18,130 $18,130 $24,312,703
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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$93,787,929 $93,787,929
$2,470,420 $2,470,420
$17,748 $603 $603
$17,145 $17,145 $96,276,097
$93,787,929 $93,787,929
$2,470,420 $2,470,420
$17,748 $603 $603
$17,145 $17,145 $96,276,097
$93,787,929 $93,787,929
$2,470,420 $2,470,420
$17,748 $603 $603
$17,145 $17,145 $96,276,097
219.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$9,702
$9,702
$9,702
219.2 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program to implement a salary increase for juvenile probation and parole officers.
State General Funds
($266,150)
($266,150)
($266,150)
TUESDAY, FEBRUARY 16, 2016
889
219.3 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program for 40 Step-Down slots as part of Juvenile Justice Reform initiatives.
State General Funds
($2,389,938) ($2,389,938) ($2,389,938)
219.4 Transfer funds from the Secure Commitment (YDCs) program to the Secure Detention (RYDCs) program for facility sustainment.
State General Funds
($1,863,241) ($1,863,241) ($1,863,241)
219.5 Utilize existing funds to redirect $500,000 from the Milan Youth Detention Center (YDC) to the Augusta, Eastman, and Sumter YDCs to support recruitment and retention and provide increased security. (G:YES)(H:Reduce funds from the Milan Youth Detention Center (YDC))(S:YES)
State General Funds
$0
($500,000)
$0
219.6 Utilize existing funds to redirect $1,257,765 from the Milan Youth Detention Center (YDC) to support facility sustainment costs. (G:YES)(H:NO; Reduce funds from the Milan Youth Detention Center (YDC) and reflect in HB751)(S:Reduce funds and utilize existing funds to redirect $1,057,765 from the Milan Youth Detention Center (YDC) to support facility sustainment costs)
State General Funds
$0 ($1,257,765)
($200,000)
219.100 -Secure Commitment (YDCs)
Appropriation (HB 750)
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
$89,278,302 $87,520,537 $89,078,302
State General Funds
$89,278,302 $87,520,537 $89,078,302
TOTAL FEDERAL FUNDS
$2,470,420
$2,470,420
$2,470,420
Federal Funds Not Itemized
$2,470,420
$2,470,420
$2,470,420
TOTAL AGENCY FUNDS
$17,748
$17,748
$17,748
Contributions, Donations, and Forfeitures
$603
$603
$603
Contributions, Donations, and Forfeitures Not Itemized
$603
$603
$603
Sales and Services
$17,145
$17,145
$17,145
Sales and Services Not Itemized
$17,145
$17,145
$17,145
TOTAL PUBLIC FUNDS
$91,766,470 $90,008,705 $91,566,470
890
JOURNAL OF THE HOUSE
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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$109,292,919 $109,292,919
$1,401,767 $1,401,767
$3,982 $3,982 $3,982 $110,698,668
$109,292,919 $109,292,919
$1,401,767 $1,401,767
$3,982 $3,982 $3,982 $110,698,668
$109,292,919 $109,292,919
$1,401,767 $1,401,767
$3,982 $3,982 $3,982 $110,698,668
220.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$12,146
$12,146
$12,146
220.2 Transfer funds from the Secure Commitment (YDCs) program to the Secure Detention (RYDCs) program for facility sustainment.
State General Funds
$1,863,241
$1,863,241
$1,863,241
220.100 -Secure Detention (RYDCs)
Appropriation (HB 750)
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
$111,168,306 $111,168,306 $111,168,306
State General Funds
$111,168,306 $111,168,306 $111,168,306
TOTAL FEDERAL FUNDS
$1,401,767
$1,401,767
$1,401,767
Federal Funds Not Itemized
$1,401,767
$1,401,767
$1,401,767
TOTAL AGENCY FUNDS
$3,982
$3,982
$3,982
TUESDAY, FEBRUARY 16, 2016
891
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
Section 32: 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
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
$3,982 $3,982 $112,574,055
$3,982 $3,982 $112,574,055
$3,982 $3,982 $112,574,055
Section Total - Continuation
$13,040,323 $13,040,323
$13,040,323 $13,040,323
$117,319,857 $117,319,857
$117,319,857 $117,319,857
$912,858
$912,858
$912,858
$912,858
$912,858
$912,858
$1,069,666
$1,069,666
$1,069,666
$1,069,666
$1,069,666
$1,069,666
$132,342,704 $132,342,704
$13,040,323 $13,040,323 $117,319,857 $117,319,857
$912,858 $912,858 $912,858 $1,069,666 $1,069,666 $1,069,666 $132,342,704
Section Total - Final
$13,191,777 $13,191,777 $117,319,857 $117,319,857
$912,858 $912,858 $912,858 $1,069,666 $1,069,666 $1,069,666 $132,494,158
$13,191,777 $13,191,777 $117,319,857 $117,319,857
$912,858 $912,858 $912,858 $1,069,666 $1,069,666 $1,069,666 $132,494,158
$13,191,777 $13,191,777 $117,319,857 $117,319,857
$912,858 $912,858 $912,858 $1,069,666 $1,069,666 $1,069,666 $132,494,158
892
JOURNAL OF THE HOUSE
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
$1,638,327 $1,638,327 $31,312,292 $31,312,292
$912,858 $912,858 $912,858 $33,863,477
$1,638,327 $1,638,327 $31,312,292 $31,312,292
$912,858 $912,858 $912,858 $33,863,477
$1,638,327 $1,638,327 $31,312,292 $31,312,292
$912,858 $912,858 $912,858 $33,863,477
221.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$1,454
$1,454
$1,454
221.2 Increase funds for a site assessment of state owned field offices.
State General Funds
$150,000
$150,000
$150,000
221.100 -Department of Labor Administration
Appropriation (HB 750)
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
$1,789,781
$1,789,781
$1,789,781
State General Funds
$1,789,781
$1,789,781
$1,789,781
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
$912,858
$912,858
$912,858
Intergovernmental Transfers
$912,858
$912,858
$912,858
Intergovernmental Transfers Not Itemized
$912,858
$912,858
$912,858
TOTAL PUBLIC FUNDS
$34,014,931 $34,014,931 $34,014,931
TUESDAY, FEBRUARY 16, 2016
893
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 $2,394,639 $2,394,639 $2,394,639
$0 $0 $2,394,639 $2,394,639 $2,394,639
$0 $0 $2,394,639 $2,394,639 $2,394,639
222.100 -Labor Market Information
Appropriation (HB 750)
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$2,394,639 $2,394,639 $2,394,639
$2,394,639 $2,394,639 $2,394,639
$2,394,639 $2,394,639 $2,394,639
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
$4,228,565 $4,228,565 $34,599,186 $34,599,186 $38,827,751
$4,228,565 $4,228,565 $34,599,186 $34,599,186 $38,827,751
$4,228,565 $4,228,565 $34,599,186 $34,599,186 $38,827,751
223.100-Unemployment Insurance
Appropriation (HB 750)
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
894
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$34,599,186 $38,827,751
$34,599,186 $38,827,751
$34,599,186 $38,827,751
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
$7,173,431 $7,173,431 $49,013,740 $49,013,740 $1,069,666 $1,069,666 $1,069,666 $57,256,837
$7,173,431 $7,173,431 $49,013,740 $49,013,740 $1,069,666 $1,069,666 $1,069,666 $57,256,837
$7,173,431 $7,173,431 $49,013,740 $49,013,740 $1,069,666 $1,069,666 $1,069,666 $57,256,837
224.100 -Workforce Solutions
Appropriation (HB 750)
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
$7,173,431
$7,173,431
$7,173,431
State General Funds
$7,173,431
$7,173,431
$7,173,431
TOTAL FEDERAL FUNDS
$49,013,740 $49,013,740 $49,013,740
Federal Funds Not Itemized
$49,013,740 $49,013,740 $49,013,740
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
$57,256,837 $57,256,837 $57,256,837
Section 33: Law, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS
Section Total - Continuation
$26,941,338 $26,941,338
$26,941,338 $26,941,338
$3,597,990
$3,597,990
$26,941,338 $26,941,338
$3,597,990
TUESDAY, FEBRUARY 16, 2016
895
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 State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$3,597,990 $939,740 $772,051 $772,051 $167,689 $167,689
$36,317,074 $36,317,074 $36,317,074 $67,796,142
$3,597,990 $939,740 $772,051 $772,051 $167,689 $167,689
$36,317,074 $36,317,074 $36,317,074 $67,796,142
$3,597,990 $939,740 $772,051 $772,051 $167,689 $167,689
$36,317,074 $36,317,074 $36,317,074 $67,796,142
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 State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$26,943,935 $26,943,935
$3,597,990 $3,597,990
$939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $67,798,739
$26,943,935 $26,943,935
$3,597,990 $3,597,990
$939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $67,798,739
$26,943,935 $26,943,935
$3,597,990 $3,597,990
$939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $67,798,739
Consumer Protection
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
$4,818,706 $4,818,706
$667,689
$4,818,706 $4,818,706
$667,689
$4,818,706 $4,818,706
$667,689
896
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS
$500,000 $500,000 $167,689 $167,689 $5,486,395
$500,000 $500,000 $167,689 $167,689 $5,486,395
$500,000 $500,000 $167,689 $167,689 $5,486,395
225.98 Transfer funds, 65 positions and two vehicles from the Consumer Protection program to the Department of Law program to consolidate consumer protection activities.
State General Funds Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds:
($4,818,706) ($500,000) ($167,689)
($5,486,395)
($4,818,706) ($500,000) ($167,689)
($5,486,395)
($4,818,706) ($500,000) ($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
$20,814,264 $20,814,264
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,401,278
$20,814,264 $20,814,264
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,401,278
$20,814,264 $20,814,264
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,401,278
226.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$2,597
$2,597
$2,597
TUESDAY, FEBRUARY 16, 2016
897
226.98 Transfer funds, 65 positions and two vehicles from the Consumer Protection program to the Department of Law program to consolidate consumer protection activities.
State General Funds Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds:
$4,818,706 $500,000 $167,689
$5,486,395
$4,818,706 $500,000 $167,689
$5,486,395
$4,818,706 $500,000 $167,689
$5,486,395
226.100 -Law, Department of
Appropriation (HB 750)
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
$25,635,567 $25,635,567 $25,635,567
State General Funds
$25,635,567 $25,635,567 $25,635,567
TOTAL AGENCY FUNDS
$937,629
$937,629
$937,629
Sales and Services
$769,940
$769,940
$769,940
Sales and Services Not Itemized
$769,940
$769,940
$769,940
Sanctions, Fines, and Penalties
$167,689
$167,689
$167,689
Sanctions, Fines, and Penalties Not Itemized
$167,689
$167,689
$167,689
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
$62,890,270 $62,890,270 $62,890,270
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
$1,308,368 $1,308,368 $3,597,990 $3,597,990
$2,111 $2,111
$1,308,368 $1,308,368 $3,597,990 $3,597,990
$2,111 $2,111
$1,308,368 $1,308,368 $3,597,990 $3,597,990
$2,111 $2,111
898
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$2,111 $4,908,469
$2,111 $4,908,469
$2,111 $4,908,469
227.100 -Medicaid Fraud Control Unit
Appropriation (HB 750)
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
$1,308,368
$1,308,368
$1,308,368
State General Funds
$1,308,368
$1,308,368
$1,308,368
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
$4,908,469
$4,908,469
$4,908,469
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 34: 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
Section Total - Continuation
$103,310,393 $103,310,393
$103,310,393 $103,310,393
$46,510,538 $46,510,538
$46,498,931 $46,498,931
$11,607
$11,607
$96,117,342 $96,117,342
$592,213
$592,213
$592,213
$592,213
$551,768
$551,768
$551,768
$551,768
$13,907
$13,907
$13,907
$13,907
$103,310,393 $103,310,393 $46,510,538 $46,498,931
$11,607 $96,117,342
$592,213 $592,213 $551,768 $551,768
$13,907 $13,907
TUESDAY, FEBRUARY 16, 2016
899
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 Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$54,540 $54,540 $94,904,914 $94,904,914 $801,800 $30,000 $30,000 $771,800 $771,800 $246,740,073
$54,540 $54,540 $94,904,914 $94,904,914 $801,800 $30,000 $30,000 $771,800 $771,800 $246,740,073
$54,540 $54,540 $94,904,914 $94,904,914 $801,800 $30,000 $30,000 $771,800 $771,800 $246,740,073
Section Total - Final
TOTAL STATE FUNDS
$106,619,618
State General Funds
$106,619,618
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
$96,117,342
Contributions, Donations, and Forfeitures
$592,213
Contributions, Donations, and Forfeitures Not Itemized
$592,213
Intergovernmental Transfers
$551,768
Intergovernmental Transfers Not Itemized
$551,768
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
$94,904,914
Sales and Services Not Itemized
$94,904,914
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$801,800
State Funds Transfers
$30,000
Agency to Agency Contracts
$30,000
Agency Funds Transfers
$771,800
$106,619,618 $106,619,618 $46,510,538 $46,498,931
$11,607 $96,117,342
$592,213 $592,213 $551,768 $551,768
$13,907 $13,907 $54,540 $54,540 $94,904,914 $94,904,914 $801,800 $30,000 $30,000 $771,800
$106,619,618 $106,619,618 $46,510,538 $46,498,931
$11,607 $96,117,342
$592,213 $592,213 $551,768 $551,768
$13,907 $13,907 $54,540 $54,540 $94,904,914 $94,904,914 $801,800 $30,000 $30,000 $771,800
900
JOURNAL OF THE HOUSE
Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$771,800
$771,800
$771,800
$250,049,298 $250,049,298 $250,049,298
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
$2,137,916 $2,137,916 $5,054,621 $5,054,621
$107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000
$7,300,462
$2,137,916 $2,137,916 $5,054,621 $5,054,621
$107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000
$7,300,462
$2,137,916 $2,137,916 $5,054,621 $5,054,621
$107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000
$7,300,462
228.100 -Coastal Resources
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
901
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
$107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000
$7,300,462
$107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000
$7,300,462
$107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000
$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
$11,845,766 $11,845,766
$110,000 $110,000
$39,065 $39,065 $39,065 $11,994,831
$11,845,766 $11,845,766
$110,000 $110,000
$39,065 $39,065 $39,065 $11,994,831
$11,845,766 $11,845,766
$110,000 $110,000
$39,065 $39,065 $39,065 $11,994,831
229.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$14,425
$14,425
$14,425
229.100-Departmental Administration
Appropriation (HB 750)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$11,860,191 $11,860,191 $11,860,191
State General Funds
$11,860,191 $11,860,191 $11,860,191
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
902
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$39,065 $12,009,256
$39,065 $12,009,256
$39,065 $12,009,256
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$30,054,296 $30,054,296 $24,910,777 $24,910,777 $55,793,855
$551,768 $551,768 $55,242,087 $55,242,087 $110,758,928
$30,054,296 $30,054,296 $24,910,777 $24,910,777 $55,793,855
$551,768 $551,768 $55,242,087 $55,242,087 $110,758,928
$30,054,296 $30,054,296 $24,910,777 $24,910,777 $55,793,855
$551,768 $551,768 $55,242,087 $55,242,087 $110,758,928
230.100-Environmental Protection
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
903
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
$30,054,296 $30,054,296 $30,054,296
State General Funds
$30,054,296 $30,054,296 $30,054,296
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
$110,758,928 $110,758,928 $110,758,928
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
231.1 Increase funds for hazardous waste cleanup activities. State General Funds
$3,000,000
$3,000,000
$3,000,000
231.100 -Hazardous Waste Trust Fund
Appropriation (HB 750)
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.
904
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$7,027,423 $7,027,423 $7,027,423
$7,027,423 $7,027,423 $7,027,423
$7,027,423 $7,027,423 $7,027,423
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
$1,628,998 $1,628,998 $1,020,787 $1,009,180
$11,607 $2,649,785
$1,628,998 $1,628,998 $1,020,787 $1,009,180
$11,607 $2,649,785
$1,628,998 $1,628,998 $1,020,787 $1,009,180
$11,607 $2,649,785
232.100-Historic Preservation
Appropriation (HB 750)
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
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
TUESDAY, FEBRUARY 16, 2016
905
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
$18,174,399 $18,174,399
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $20,426,514
$18,174,399 $18,174,399
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $20,426,514
$18,174,399 $18,174,399
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $20,426,514
233.100 -Law Enforcement
Appropriation (HB 750)
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
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
Rebates, Refunds, and Reimbursements
$3,657
$3,657
$3,657
Rebates, Refunds, and Reimbursements Not Itemized
$3,657
$3,657
$3,657
TOTAL PUBLIC FUNDS
$20,426,514 $20,426,514 $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
$14,796,763 $14,796,763
$1,704,029
$14,796,763 $14,796,763
$1,704,029
$14,796,763 $14,796,763
$1,704,029
906
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,704,029 $31,619,991
$518,382 $518,382 $31,101,609 $31,101,609 $771,800 $771,800 $771,800 $48,892,583
$1,704,029 $31,619,991
$518,382 $518,382 $31,101,609 $31,101,609 $771,800 $771,800 $771,800 $48,892,583
$1,704,029 $31,619,991
$518,382 $518,382 $31,101,609 $31,101,609 $771,800 $771,800 $771,800 $48,892,583
234.100-Parks, Recreation and Historic Sites
Appropriation (HB 750)
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
$14,796,763 $14,796,763 $14,796,763
State General Funds
$14,796,763 $14,796,763 $14,796,763
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
$518,382
$518,382
$518,382
Contributions, Donations, and Forfeitures Not Itemized
$518,382
$518,382
$518,382
Sales and Services
$31,101,609 $31,101,609 $31,101,609
Sales and Services Not Itemized
$31,101,609 $31,101,609 $31,101,609
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
$48,892,583 $48,892,583 $48,892,583
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.
TUESDAY, FEBRUARY 16, 2016
907
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
235.100 -Solid Waste Trust Fund
Appropriation (HB 750)
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 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
$17,924,057 $17,924,057 $11,461,866 $11,461,866
$8,552,849 $10,071 $10,071 $10,250 $10,250 $17,375 $17,375
$8,515,153 $8,515,153
$30,000 $30,000
$17,924,057 $17,924,057 $11,461,866 $11,461,866
$8,552,849 $10,071 $10,071 $10,250 $10,250 $17,375 $17,375
$8,515,153 $8,515,153
$30,000 $30,000
$17,924,057 $17,924,057 $11,461,866 $11,461,866
$8,552,849 $10,071 $10,071 $10,250 $10,250 $17,375 $17,375
$8,515,153 $8,515,153
$30,000 $30,000
908
JOURNAL OF THE HOUSE
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$30,000 $37,968,772
$30,000 $37,968,772
$30,000 $37,968,772
236.1 Increase funds for the Wildlife Endowment Fund based on actual lifetime sportsman's license revenues in FY2015.
State General Funds
$294,800
$294,800
$294,800
236.100 -Wildlife Resources
Appropriation (HB 750)
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
$18,218,857 $18,218,857 $18,218,857
State General Funds
$18,218,857 $18,218,857 $18,218,857
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
$8,552,849
$8,552,849
$8,552,849
Contributions, Donations, and Forfeitures
$10,071
$10,071
$10,071
Contributions, Donations, and Forfeitures Not Itemized
$10,071
$10,071
$10,071
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
Agency to Agency Contracts
$30,000
$30,000
$30,000
TOTAL PUBLIC FUNDS
$38,263,572 $38,263,572 $38,263,572
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
TUESDAY, FEBRUARY 16, 2016
909
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 35: 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
$45,847,115 $45,847,115
$45,847,115 $45,847,115
$806,050
$806,050
$806,050
$806,050
$46,653,165 $46,653,165
$45,847,115 $45,847,115
$806,050 $806,050 $46,653,165
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$45,854,791 $45,854,791
$806,050 $806,050 $46,660,841
$45,761,612 $45,761,612
$806,050 $806,050 $46,567,662
$45,411,612 $45,411,612
$806,050 $806,050 $46,217,662
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
$1,319,596 $1,319,596 $1,319,596
$1,319,596 $1,319,596 $1,319,596
$1,319,596 $1,319,596 $1,319,596
237.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$7,676
$7,676
$7,676
237.2 Reduce funds to reflect projected expenditures.
State General Funds
($50,000)
910
JOURNAL OF THE HOUSE
237.100 -Board Administration
The purpose of this appropriation is to provide administrative support for the agency.
TOTAL STATE FUNDS
$1,327,272
State General Funds
$1,327,272
TOTAL PUBLIC FUNDS
$1,327,272
Appropriation (HB 750)
$1,327,272 $1,327,272 $1,327,272
$1,277,272 $1,277,272 $1,277,272
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
$12,262,630 $12,262,630 $12,262,630
$12,262,630 $12,262,630 $12,262,630
$12,262,630 $12,262,630 $12,262,630
238.99 SAC: The purpose of this appropriation is to support the Board in exercising its constitutional authority over executive clemency. This includes setting tentative parole dates for offenders in the correctional system and all aspects of parole status of offenders in the community including warrants, violations, commutations, and revocations. The Board coordinates all interstate compact release matters regarding the acceptance and placement of parolees into and from the State of Georgia and administers the pardon process by reviewing all applications and granting or denying these applications based on specific criteria. House: The purpose of this appropriation is to support the Board in exercising its constitutional authority over executive clemency. This includes setting tentative parole dates for offenders in the correctional system and all aspects of parole status of offenders in the community including warrants, violations, commutations, and revocations. The Board coordinates all interstate compact release matters regarding the acceptance and placement of parolees into and from the State of Georgia and administers the pardon process by reviewing all applications and granting or denying these applications based on specific criteria. Governor: The purpose of this appropriation is to support the Board in exercising its constitutional authority over executive clemency. This includes setting tentative parole dates for offenders in the correctional system and all aspects of parole status of offenders in the community including warrants, violations, commutations, and revocations. The Board coordinates all interstate compact release matters regarding the acceptance and placement of parolees into and from the State of Georgia and administers the pardon process by reviewing all applications and granting or denying these applications based on specific criteria.
State General Funds
$0
$0
$0
TUESDAY, FEBRUARY 16, 2016
911
238.100 -Clemency Decisions
Appropriation (HB 750)
The purpose of this appropriation is to support the Board in exercising its constitutional authority over executive clemency. This
includes setting tentative parole dates for offenders in the correctional system and all aspects of parole status of offenders in the
community including warrants, violations, commutations, and revocations. The Board coordinates all interstate compact release
matters regarding the acceptance and placement of parolees into and from the State of Georgia and administers the pardon process
by reviewing all applications and granting or denying these applications based on specific criteria.
TOTAL STATE FUNDS
$12,262,630 $12,262,630 $12,262,630
State General Funds
$12,262,630 $12,262,630 $12,262,630
TOTAL PUBLIC FUNDS
$12,262,630 $12,262,630 $12,262,630
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
$31,782,779 $31,782,779
$806,050 $806,050 $32,588,829
$31,782,779 $31,782,779
$806,050 $806,050 $32,588,829
$31,782,779 $31,782,779
$806,050 $806,050 $32,588,829
239.1 Reduce funds to reflect projected expenditures. State General Funds
($93,179)
($393,179)
239.100 -Parole Supervision
Appropriation (HB 750)
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
$31,782,779 $31,689,600 $31,389,600
State General Funds
$31,782,779 $31,689,600 $31,389,600
TOTAL FEDERAL FUNDS
$806,050
$806,050
$806,050
Federal Funds Not Itemized
$806,050
$806,050
$806,050
TOTAL PUBLIC FUNDS
$32,588,829 $32,495,650 $32,195,650
912
JOURNAL OF THE HOUSE
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
$482,110 $482,110 $482,110
$482,110 $482,110 $482,110
$482,110 $482,110 $482,110
240.100-Victim Services
Appropriation (HB 750)
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
Section 36: Properties Commission, State
Section Total - Continuation
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,750,000 $1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000 $1,750,000
Section Total - Final
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,750,000 $1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000 $1,750,000
TUESDAY, FEBRUARY 16, 2016
913
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $1,750,000 $1,750,000 $1,750,000 $1,750,000
$0 $0 $1,750,000 $1,750,000 $1,750,000 $1,750,000
$0 $0 $1,750,000 $1,750,000 $1,750,000 $1,750,000
241.100-Properties Commission, State
Appropriation (HB 750)
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,750,000 $1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000 $1,750,000
Section 37: Public Defender 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
$48,021,765 $48,021,765
$48,021,765 $48,021,765
$340,000
$340,000
$340,000
$340,000
$340,000
$340,000
$48,361,765 $48,361,765
$48,021,765 $48,021,765
$340,000 $340,000 $340,000 $48,361,765
914
JOURNAL OF THE HOUSE
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
$51,176,677 $51,176,677
$340,000 $340,000 $340,000 $51,516,677
$51,326,677 $51,326,677
$340,000 $340,000 $340,000 $51,666,677
$51,326,677 $51,326,677
$340,000 $340,000 $340,000 $51,666,677
Public Defender 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
$7,097,779 $7,097,779
$340,000 $340,000 $340,000 $7,437,779
$7,097,779 $7,097,779
$340,000 $340,000 $340,000 $7,437,779
$7,097,779 $7,097,779
$340,000 $340,000 $340,000 $7,437,779
242.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$8,207
$8,207
$8,207
242.98 Change the name of the Public Defender Standards Council program to the Public Defender Council program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
242.99 SAC: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, Central Office, and the administration of the Conflict Division.
State General Funds
$0
TUESDAY, FEBRUARY 16, 2016
915
242.100 -Public Defender Council
Appropriation (HB 750)
The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate,
Central Office, and the administration of the Conflict Division.
TOTAL STATE FUNDS
$7,105,986
$7,105,986
$7,105,986
State General Funds
$7,105,986
$7,105,986
$7,105,986
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
$7,445,986
$7,445,986
$7,445,986
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
$40,923,986 $40,923,986 $40,923,986
$40,923,986 $40,923,986 $40,923,986
$40,923,986 $40,923,986 $40,923,986
243.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$791
$791
$791
243.2 Increase funds to provide an accountability court supplement for circuit public defenders for six newly established accountability courts in the following circuits: Cordele, Houston, Middle, Paulding, Rome, and Toombs per HB279 (2015 Session).
State General Funds
$27,914
$27,914
$27,914
243.3 Increase funds to provide for contracted attorneys to ensure geographical coverage and capacity for conflict cases.
State General Funds
$3,000,000
$3,150,000
$3,150,000
243.4 Increase funds to provide salaries and operations in accordance with the Cordele settlement agreement.
State General Funds
$118,000
$118,000
$118,000
243.99 SAC: 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
916
JOURNAL OF THE HOUSE
chapter; provided that staffing for circuits are based on O.C.G.A. 17-12; including providing representation to clients in cases where the Capital Defender or a circuit public defender has a conflict of interest.
State General Funds
$0
243.100 -Public Defenders
Appropriation (HB 750)
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; including providing representation to clients in cases where the Capital Defender or a circuit
public defender has a conflict of interest.
TOTAL STATE FUNDS
$44,070,691 $44,220,691 $44,220,691
State General Funds
$44,070,691 $44,220,691 $44,220,691
TOTAL PUBLIC FUNDS
$44,070,691 $44,220,691 $44,220,691
Section 38: 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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
Section Total - Continuation
$240,708,804 $240,708,804
$225,532,377 $225,532,377
$13,717,860 $13,717,860
$1,458,567
$1,458,567
$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
$12,790,542 $12,790,542
$518,999
$518,999
$518,999
$518,999
$8,149,702
$8,149,702
$8,149,702
$8,149,702
$4,121,841
$4,121,841
$4,121,841
$4,121,841
$1,216,517
$1,216,517
$771,517
$771,517
$240,708,804 $225,532,377 $13,717,860
$1,458,567 $395,911,567 $366,238,853 $16,864,606
$2,403,579 $10,404,529 $12,790,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,121,841 $4,121,841 $1,216,517 $771,517
TUESDAY, FEBRUARY 16, 2016
917
Agency to Agency Contracts Agency Funds Transfers
Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$771,517 $445,000 $445,000 $650,627,430
$771,517 $445,000 $445,000 $650,627,430
$771,517 $445,000 $445,000 $650,627,430
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
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
$241,062,856 $225,886,429 $13,717,860
$1,458,567 $395,911,567 $366,238,853 $16,864,606
$2,403,579 $10,404,529 $12,790,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,121,841 $4,121,841 $1,216,517 $771,517 $771,517 $445,000 $445,000 $650,981,482
$241,062,856 $225,886,429 $13,717,860
$1,458,567 $395,911,567 $366,238,853 $16,864,606
$2,403,579 $10,404,529 $12,790,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,121,841 $4,121,841 $1,216,517 $771,517 $771,517 $445,000 $445,000 $650,981,482
$241,062,856 $225,886,429 $13,717,860
$1,458,567 $395,911,567 $366,238,853 $16,864,606
$2,403,579 $10,404,529 $12,790,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,121,841 $4,121,841 $1,216,517 $771,517 $771,517 $445,000 $445,000 $650,981,482
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.
918
JOURNAL OF THE HOUSE
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
$10,643,994 $3,786,815 $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
$30,856,775
$10,643,994 $3,786,815 $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
$30,856,775
$10,643,994 $3,786,815 $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
$30,856,775
244.100-Adolescent and Adult Health Promotion
Appropriation (HB 750)
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
$10,643,994 $10,643,994 $10,643,994
State General Funds
$3,786,815
$3,786,815
$3,786,815
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
TUESDAY, FEBRUARY 16, 2016
919
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$410,000 $30,856,775
$410,000 $30,856,775
$410,000 $30,856,775
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
245.100 -Adult Essential Health Treatment Services
Appropriation (HB 750)
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
$22,381,455 $22,249,660
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,500,000
$22,381,455 $22,249,660
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,500,000
$22,381,455 $22,249,660
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,500,000
920
JOURNAL OF THE HOUSE
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements 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
$3,500,000 $3,500,000
$635,517 $190,517 $190,517 $445,000 $445,000 $34,829,828
$3,500,000 $3,500,000
$635,517 $190,517 $190,517 $445,000 $445,000 $34,829,828
$3,500,000 $3,500,000
$635,517 $190,517 $190,517 $445,000 $445,000 $34,829,828
246.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$11,513
$11,513
$11,513
246.2 Transfer funds from the Immunization program to the Departmental Administration program for telehealth infrastructure maintenance.
State General Funds
$122,196
$122,196
$122,196
246.100-Departmental Administration
Appropriation (HB 750)
The purpose of this appropriation is to provide administrative support to all departmental programs.
TOTAL STATE FUNDS
$22,515,164 $22,515,164 $22,515,164
State General Funds
$22,383,369 $22,383,369 $22,383,369
Tobacco Settlement Funds
$131,795
$131,795
$131,795
TOTAL FEDERAL FUNDS
$8,312,856
$8,312,856
$8,312,856
Federal Funds Not Itemized
$7,045,918
$7,045,918
$7,045,918
Preventive Health & Health Services Block Grant CFDA93.991
$1,266,938
$1,266,938
$1,266,938
TOTAL AGENCY FUNDS
$3,500,000
$3,500,000
$3,500,000
Rebates, Refunds, and Reimbursements
$3,500,000
$3,500,000
$3,500,000
Rebates, Refunds, and Reimbursements Not Itemized
$3,500,000
$3,500,000
$3,500,000
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$635,517
$635,517
$635,517
State Funds Transfers
$190,517
$190,517
$190,517
Agency to Agency Contracts
$190,517
$190,517
$190,517
Agency Funds Transfers
$445,000
$445,000
$445,000
TUESDAY, FEBRUARY 16, 2016
921
Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$445,000 $34,963,537
$445,000 $34,963,537
$445,000 $34,963,537
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
$2,584,725 $2,584,725 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,432,174
$2,584,725 $2,584,725 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,432,174
$2,584,725 $2,584,725 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,432,174
247.100-Emergency Preparedness / Trauma System Improvement
Appropriation (HB 750)
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
$2,584,725
$2,584,725
State General Funds
$2,584,725
$2,584,725
$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
922
JOURNAL OF THE HOUSE
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$171,000 $171,000 $171,000 $26,432,174
$171,000 $171,000 $171,000 $26,432,174
$171,000 $171,000 $171,000 $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 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,562,622 $4,446,985
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,337,121
$4,562,622 $4,446,985
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,337,121
$4,562,622 $4,446,985
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,337,121
248.100 -Epidemiology
Appropriation (HB 750)
The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.
TOTAL STATE FUNDS
$4,562,622
$4,562,622
$4,562,622
State General Funds
$4,446,985
$4,446,985
$4,446,985
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
$11,337,121 $11,337,121 $11,337,121
TUESDAY, FEBRUARY 16, 2016
923
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
$2,527,706 $2,527,706 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,238,894
$2,527,706 $2,527,706 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,238,894
$2,527,706 $2,527,706 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,238,894
249.1 Transfer funds from the Immunization program to the Departmental Administration program for telehealth infrastructure maintenance.
State General Funds
($122,196)
($122,196)
($122,196)
249.100 -Immunization
Appropriation (HB 750)
The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance.
TOTAL STATE FUNDS
$2,405,510
$2,405,510
$2,405,510
State General Funds
$2,405,510
$2,405,510
$2,405,510
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
$9,116,698
$9,116,698
$9,116,698
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
$21,122,570 $21,122,570
$21,122,570 $21,122,570
$21,122,570 $21,122,570
924
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
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$22,745,978 $14,008,298
$8,605,171 $132,509
$3,618,978 $84,403 $84,403
$3,534,575 $3,534,575 $47,487,526
$22,745,978 $14,008,298
$8,605,171 $132,509
$3,618,978 $84,403 $84,403
$3,534,575 $3,534,575 $47,487,526
$22,745,978 $14,008,298
$8,605,171 $132,509
$3,618,978 $84,403 $84,403
$3,534,575 $3,534,575 $47,487,526
250.100-Infant and Child Essential Health Treatment Services
Appropriation (HB 750)
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
$21,122,570 $21,122,570 $21,122,570
State General Funds
$21,122,570 $21,122,570 $21,122,570
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
$3,618,978
$3,618,978
$3,618,978
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
$3,534,575
$3,534,575
Sales and Services Not Itemized
$3,534,575
$3,534,575
$3,534,575
TOTAL PUBLIC FUNDS
$47,487,526 $47,487,526 $47,487,526
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
$12,838,479 $12,838,479 $263,629,246
$12,838,479 $12,838,479 $263,629,246
$12,838,479 $12,838,479 $263,629,246
TUESDAY, FEBRUARY 16, 2016
925
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
$256,236,639 $7,392,607 $86,587 $86,587 $86,587
$276,554,312
$256,236,639 $7,392,607 $86,587 $86,587 $86,587
$276,554,312
$256,236,639 $7,392,607 $86,587 $86,587 $86,587
$276,554,312
251.100-Infant and Child Health Promotion
Appropriation (HB 750)
The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.
TOTAL STATE FUNDS
$12,838,479 $12,838,479 $12,838,479
State General Funds
$12,838,479 $12,838,479 $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
$276,554,312 $276,554,312 $276,554,312
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
$31,696,391 $31,696,391 $47,927,661 $47,927,661
$13,009 $13,009 $13,009 $79,637,061
$31,696,391 $31,696,391 $47,927,661 $47,927,661
$13,009 $13,009 $13,009 $79,637,061
$31,696,391 $31,696,391 $47,927,661 $47,927,661
$13,009 $13,009 $13,009 $79,637,061
926
JOURNAL OF THE HOUSE
252.100 -Infectious Disease Control
Appropriation (HB 750)
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.
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
$3,776,351 $3,776,351
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,848,548
$3,776,351 $3,776,351
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,848,548
$3,776,351 $3,776,351
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,848,548
253.100-Inspections and Environmental Hazard Control
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
927
Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$158,382 $561,134 $561,134 $561,134 $4,848,548
$158,382 $561,134 $561,134 $561,134 $4,848,548
$158,382 $561,134 $561,134 $561,134 $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.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$100,343,948 $100,343,948 $100,343,948
$100,343,948 $100,343,948 $100,343,948
$100,343,948 $100,343,948 $100,343,948
254.100 -Public Health Formula Grants to Counties
Appropriation (HB 750)
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
$3,786,253 $3,786,253
$530,680 $530,680 $4,316,933
$3,786,253 $3,786,253
$530,680 $530,680 $4,316,933
$3,786,253 $3,786,253
$530,680 $530,680 $4,316,933
255.1 Increase funds for moving and relocation costs. State General Funds
$342,539
$342,539
$342,539
928
JOURNAL OF THE HOUSE
255.100 -Vital Records
Appropriation (HB 750)
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
$4,128,792
$4,128,792
$4,128,792
State General Funds
$4,128,792
$4,128,792
$4,128,792
TOTAL FEDERAL FUNDS
$530,680
$530,680
$530,680
Federal Funds Not Itemized
$530,680
$530,680
$530,680
TOTAL PUBLIC FUNDS
$4,659,472
$4,659,472
$4,659,472
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
$1,458,567 $0
$1,458,567 $1,458,567
$1,458,567 $0
$1,458,567 $1,458,567
$1,458,567 $0
$1,458,567 $1,458,567
256.100 -Brain and Spinal Injury Trust Fund
Appropriation (HB 750)
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
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
$16,372,494 $16,372,494 $16,372,494
$16,372,494 $16,372,494 $16,372,494
$16,372,494 $16,372,494 $16,372,494
TUESDAY, FEBRUARY 16, 2016
929
257.100-Georgia Trauma Care Network Commission
Appropriation (HB 750)
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 $16,372,494 $16,372,494
State General Funds
$16,372,494 $16,372,494 $16,372,494
TOTAL PUBLIC FUNDS
$16,372,494 $16,372,494 $16,372,494
Section 39: Public Safety, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Continuation
$143,525,522 $143,525,522
$143,525,522 $143,525,522
$23,504,462 $23,504,462
$23,504,462 $23,504,462
$28,355,052 $28,355,052
$13,541,314 $13,541,314
$13,541,314 $13,541,314
$3,000
$3,000
$3,000
$3,000
$13,960,738 $13,960,738
$13,960,738 $13,960,738
$850,000
$850,000
$850,000
$850,000
$289,180
$289,180
$289,180
$289,180
$289,180
$289,180
$195,674,216 $195,674,216
$143,525,522 $143,525,522 $23,504,462 $23,504,462 $28,355,052 $13,541,314 $13,541,314
$3,000 $3,000 $13,960,738 $13,960,738 $850,000 $850,000 $289,180 $289,180 $289,180 $195,674,216
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
Section Total - Final
$144,768,193 $144,768,193 $23,504,462 $23,504,462
$144,768,193 $144,768,193 $23,504,462 $23,504,462
$144,668,193 $144,668,193 $23,504,462 $23,504,462
930
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized 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
$28,355,052 $13,541,314 $13,541,314
$3,000 $3,000 $13,960,738 $13,960,738 $850,000 $850,000 $289,180 $289,180 $289,180 $196,916,887
$28,355,052 $13,541,314 $13,541,314
$3,000 $3,000 $13,960,738 $13,960,738 $850,000 $850,000 $289,180 $289,180 $289,180 $196,916,887
$28,355,052 $13,541,314 $13,541,314
$3,000 $3,000 $13,960,738 $13,960,738 $850,000 $850,000 $289,180 $289,180 $289,180 $196,816,887
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,104,714 $4,104,714
$10,034 $10,034 $100,000 $100,000 $100,000 $4,214,748
$4,104,714 $4,104,714
$10,034 $10,034 $100,000 $100,000 $100,000 $4,214,748
$4,104,714 $4,104,714
$10,034 $10,034 $100,000 $100,000 $100,000 $4,214,748
258.100 -Aviation
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
931
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
$4,104,714 $4,104,714
$10,034 $10,034 $100,000 $100,000 $100,000 $4,214,748
$4,104,714 $4,104,714
$10,034 $10,034 $100,000 $100,000 $100,000 $4,214,748
$4,104,714 $4,104,714
$10,034 $10,034 $100,000 $100,000 $100,000 $4,214,748
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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $8,143,321 $190,000 $190,000 $7,953,321 $7,953,321 $8,143,321
$0 $0 $8,143,321 $190,000 $190,000 $7,953,321 $7,953,321 $8,143,321
$0 $0 $8,143,321 $190,000 $190,000 $7,953,321 $7,953,321 $8,143,321
259.100 -Capitol Police Services
Appropriation (HB 750)
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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services
$8,143,321 $190,000 $190,000
$7,953,321
$8,143,321 $190,000 $190,000
$7,953,321
$8,143,321 $190,000 $190,000
$7,953,321
932
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$7,953,321 $8,143,321
$7,953,321 $8,143,321
$7,953,321 $8,143,321
Departmental Administration
Continuation Budget
The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents
and visitors to our state.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$8,690,701 $8,690,701
$5,571 $5,571 $3,510 $3,510 $3,510 $8,699,782
$8,690,701 $8,690,701
$5,571 $5,571 $3,510 $3,510 $3,510 $8,699,782
$8,690,701 $8,690,701
$5,571 $5,571 $3,510 $3,510 $3,510 $8,699,782
260.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$8,742
$8,742
$8,742
260.100-Departmental Administration
Appropriation (HB 750)
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
$8,699,443
$8,699,443
$8,699,443
State General Funds
$8,699,443
$8,699,443
$8,699,443
TOTAL FEDERAL FUNDS
$5,571
$5,571
$5,571
Federal Funds Not Itemized
$5,571
$5,571
$5,571
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
$8,708,524
$8,708,524
$8,708,524
TUESDAY, FEBRUARY 16, 2016
933
Field Offices and Services
Continuation Budget
The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's
Uniform Division, and support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction
Unit, the Crisis Negotiations Team, the Special Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office,
the Special Weapons and Tactics (SWAT) Unit, and the Training Unit.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS
$101,817,527 $101,817,527
$1,888,148 $1,888,148 $8,548,708 $7,677,456 $7,677,456
$21,252 $21,252 $850,000 $850,000 $112,254,383
$101,817,527 $101,817,527
$1,888,148 $1,888,148 $8,548,708 $7,677,456 $7,677,456
$21,252 $21,252 $850,000 $850,000 $112,254,383
$101,817,527 $101,817,527
$1,888,148 $1,888,148 $8,548,708 $7,677,456 $7,677,456
$21,252 $21,252 $850,000 $850,000 $112,254,383
261.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$10,425
$10,425
$10,425
261.2 Utilize existing funds of $1,242,107 for personnel and operations cost for a 50 man trooper school. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
261.100-Field Offices and Services
Appropriation (HB 750)
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
$101,827,952 $101,827,952 $101,827,952
State General Funds
$101,827,952 $101,827,952 $101,827,952
934
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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS
$1,888,148 $1,888,148 $8,548,708 $7,677,456 $7,677,456
$21,252 $21,252 $850,000 $850,000 $112,264,808
$1,888,148 $1,888,148 $8,548,708 $7,677,456 $7,677,456
$21,252 $21,252 $850,000 $850,000 $112,264,808
$1,888,148 $1,888,148 $8,548,708 $7,677,456 $7,677,456
$21,252 $21,252 $850,000 $850,000 $112,264,808
Motor Carrier Compliance
Continuation Budget
The purpose of this appropriation is to provide inspection, regulation, and enforcement for size, weight, and safety standards as well
as traffic and criminal laws for commercial motor carriers, limousines, non-consensual tow trucks, household goods movers, all
buses, and large passenger vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction
enforcement.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$10,073,561 $10,073,561
$2,627,825 $2,627,825 $4,799,536
$593,069 $593,069
$3,000 $3,000 $4,203,467 $4,203,467 $90,000 $90,000 $90,000 $17,590,922
$10,073,561 $10,073,561
$2,627,825 $2,627,825 $4,799,536
$593,069 $593,069
$3,000 $3,000 $4,203,467 $4,203,467 $90,000 $90,000 $90,000 $17,590,922
$10,073,561 $10,073,561
$2,627,825 $2,627,825 $4,799,536
$593,069 $593,069
$3,000 $3,000 $4,203,467 $4,203,467 $90,000 $90,000 $90,000 $17,590,922
TUESDAY, FEBRUARY 16, 2016
935
262.100-Motor Carrier Compliance
Appropriation (HB 750)
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
$10,073,561 $10,073,561 $10,073,561
State General Funds
$10,073,561 $10,073,561 $10,073,561
TOTAL FEDERAL FUNDS
$2,627,825
$2,627,825
$2,627,825
Federal Funds Not Itemized
$2,627,825
$2,627,825
$2,627,825
TOTAL AGENCY FUNDS
$4,799,536
$4,799,536
$4,799,536
Intergovernmental Transfers
$593,069
$593,069
$593,069
Intergovernmental Transfers Not Itemized
$593,069
$593,069
$593,069
Rebates, Refunds, and Reimbursements
$3,000
$3,000
$3,000
Rebates, Refunds, and Reimbursements Not Itemized
$3,000
$3,000
$3,000
Sales and Services
$4,203,467
$4,203,467
$4,203,467
Sales and Services Not Itemized
$4,203,467
$4,203,467
$4,203,467
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$90,000
$90,000
$90,000
State Funds Transfers
$90,000
$90,000
$90,000
Agency to Agency Contracts
$90,000
$90,000
$90,000
TOTAL PUBLIC FUNDS
$17,590,922 $17,590,922 $17,590,922
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
$695,864 $695,864 $695,864
$695,864 $695,864 $695,864
$695,864 $695,864 $695,864
263.1 Reduce funds to meet projected expenditures. State General Funds
($100,000)
936
JOURNAL OF THE HOUSE
263.100-Firefighter Standards and Training Council, Georgia
Appropriation (HB 750)
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
$695,864
$695,864
$595,864
State General Funds
$695,864
$695,864
$595,864
TOTAL PUBLIC FUNDS
$695,864
$695,864
$595,864
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
$3,494,886 $3,494,886 $17,912,078 $17,912,078
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,943,246
$3,494,886 $3,494,886 $17,912,078 $17,912,078
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,943,246
$3,494,886 $3,494,886 $17,912,078 $17,912,078
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,943,246
264.1 Increase funds for driver education and training to reflect the intent of SB231 (2013 Session).
State General Funds
$821,554
$821,554
$821,554
264.100 -Highway Safety, Office of
Appropriation (HB 750)
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
$4,316,440
$4,316,440
$4,316,440
State General Funds
$4,316,440
$4,316,440
$4,316,440
TOTAL FEDERAL FUNDS
$17,912,078 $17,912,078 $17,912,078
TUESDAY, FEBRUARY 16, 2016
937
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
$17,912,078 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180
$22,764,800
$17,912,078 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180
$22,764,800
$17,912,078 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180
$22,764,800
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 PUBLIC FUNDS
$2,904,319 $2,904,319 $2,904,319
$2,904,319 $2,904,319 $2,904,319
$2,904,319 $2,904,319 $2,904,319
265.1 Increase funds to provide mandatory training for newly elected sheriffs. State General Funds
$401,950
$401,950
$401,950
265.100 -Peace Officer Standards and Training Council, Georgia
Appropriation (HB 750)
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
$3,306,269
$3,306,269
$3,306,269
State General Funds
$3,306,269
$3,306,269
$3,306,269
TOTAL PUBLIC FUNDS
$3,306,269
$3,306,269
$3,306,269
938
JOURNAL OF THE HOUSE
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
TOTAL PUBLIC FUNDS
$11,743,950 $11,743,950
$1,060,806 $1,060,806 $6,422,875 $5,080,789 $5,080,789 $1,342,086 $1,342,086 $19,227,631
$11,743,950 $11,743,950
$1,060,806 $1,060,806 $6,422,875 $5,080,789 $5,080,789 $1,342,086 $1,342,086 $19,227,631
$11,743,950 $11,743,950
$1,060,806 $1,060,806 $6,422,875 $5,080,789 $5,080,789 $1,342,086 $1,342,086 $19,227,631
266.100-Public Safety Training Center, Georgia
Appropriation (HB 750)
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
$11,743,950 $11,743,950 $11,743,950
State General Funds
$11,743,950 $11,743,950 $11,743,950
TOTAL FEDERAL FUNDS
$1,060,806
$1,060,806
$1,060,806
Federal Funds Not Itemized
$1,060,806
$1,060,806
$1,060,806
TOTAL AGENCY FUNDS
$6,422,875
$6,422,875
$6,422,875
Intergovernmental Transfers
$5,080,789
$5,080,789
$5,080,789
Intergovernmental Transfers Not Itemized
$5,080,789
$5,080,789
$5,080,789
Sales and Services
$1,342,086
$1,342,086
$1,342,086
Sales and Services Not Itemized
$1,342,086
$1,342,086
$1,342,086
TOTAL PUBLIC FUNDS
$19,227,631 $19,227,631 $19,227,631
Section 40: Public Service Commission
TOTAL STATE FUNDS State General Funds
Section Total - Continuation
$8,482,398
$8,482,398
$8,482,398
$8,482,398
$8,482,398 $8,482,398
TUESDAY, FEBRUARY 16, 2016
939
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$1,343,100 $1,343,100 $9,825,498
$1,343,100 $1,343,100 $9,825,498
$1,343,100 $1,343,100 $9,825,498
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$8,483,225 $8,483,225 $1,343,100 $1,343,100 $9,826,325
$8,483,225 $8,483,225 $1,343,100 $1,343,100 $9,826,325
$8,483,225 $8,483,225 $1,343,100 $1,343,100 $9,826,325
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
$1,299,406 $1,299,406
$83,500 $83,500 $1,382,906
$1,299,406 $1,299,406
$83,500 $83,500 $1,382,906
$1,299,406 $1,299,406
$83,500 $83,500 $1,382,906
267.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$827
$827
$827
267.100-Commission Administration
Appropriation (HB 750)
The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.
TOTAL STATE FUNDS
$1,300,233
$1,300,233
$1,300,233
State General Funds
$1,300,233
$1,300,233
$1,300,233
TOTAL FEDERAL FUNDS
$83,500
$83,500
$83,500
Federal Funds Not Itemized
$83,500
$83,500
$83,500
TOTAL PUBLIC FUNDS
$1,383,733
$1,383,733
$1,383,733
940
JOURNAL OF THE HOUSE
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
$1,048,728 $1,048,728 $1,231,100 $1,231,100 $2,279,828
$1,048,728 $1,048,728 $1,231,100 $1,231,100 $2,279,828
$1,048,728 $1,048,728 $1,231,100 $1,231,100 $2,279,828
268.100-Facility Protection
Appropriation (HB 750)
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
Federal Funds Not Itemized
$1,231,100
$1,231,100
$1,231,100
TOTAL PUBLIC FUNDS
$2,279,828
$2,279,828
$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
$6,134,264 $6,134,264
$28,500 $28,500 $6,162,764
$6,134,264 $6,134,264
$28,500 $28,500 $6,162,764
$6,134,264 $6,134,264
$28,500 $28,500 $6,162,764
TUESDAY, FEBRUARY 16, 2016
941
269.100 -Utilities Regulation
Appropriation (HB 750)
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
$6,134,264
$6,134,264
$6,134,264
State General Funds
$6,134,264
$6,134,264
$6,134,264
TOTAL FEDERAL FUNDS
$28,500
$28,500
$28,500
Federal Funds Not Itemized
$28,500
$28,500
$28,500
TOTAL PUBLIC FUNDS
$6,162,764
$6,162,764
$6,162,764
Section 41: Regents, University System of Georgia
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 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers
Section Total - Continuation
$2,020,395,691 $2,020,395,691 $2,020,395,691
$2,020,148,533 $2,020,148,533 $2,020,148,533
$247,158
$247,158
$247,158
$5,079,267,165 $5,079,267,165 $5,079,267,165
$4,466,022
$4,466,022
$4,466,022
$4,466,022
$4,466,022
$4,466,022
$2,562,197,217 $2,562,197,217 $2,562,197,217
$2,057,910,748 $2,057,910,748 $2,057,910,748
$504,286,469 $504,286,469 $504,286,469
$268,751,033 $268,751,033 $268,751,033
$268,751,033 $268,751,033 $268,751,033
$2,243,852,893 $2,243,852,893 $2,243,852,893
$606,000
$606,000
$606,000
$302,961,179 $302,961,179 $302,961,179
$1,940,285,714 $1,940,285,714 $1,940,285,714
$8,479,598
$8,479,598
$8,479,598
$2,996,556
$2,996,556
$2,996,556
$2,996,556
$2,996,556
$2,996,556
$5,483,042
$5,483,042
$5,483,042
942
JOURNAL OF THE HOUSE
Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$5,483,042
$5,483,042
$5,483,042
$7,108,142,454 $7,108,142,454 $7,108,142,454
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 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 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
$2,020,809,488 $2,020,562,330
$247,158 $5,079,267,165
$4,466,022 $4,466,022 $2,562,197,217 $2,057,910,748 $504,286,469 $268,751,033 $268,751,033 $2,243,852,893
$606,000 $302,961,179 $1,940,285,714
$8,479,598 $2,996,556 $2,996,556 $5,483,042 $5,483,042 $7,108,556,251
$2,020,395,691 $2,020,148,533
$247,158 $5,079,267,165
$4,466,022 $4,466,022 $2,562,197,217 $2,057,910,748 $504,286,469 $268,751,033 $268,751,033 $2,243,852,893
$606,000 $302,961,179 $1,940,285,714
$8,479,598 $2,996,556 $2,996,556 $5,483,042 $5,483,042 $7,108,142,454
$2,020,809,488 $2,020,562,330
$247,158 $5,079,267,165
$4,466,022 $4,466,022 $2,562,197,217 $2,057,910,748 $504,286,469 $268,751,033 $268,751,033 $2,243,852,893
$606,000 $302,961,179 $1,940,285,714
$8,479,598 $2,996,556 $2,996,556 $5,483,042 $5,483,042 $7,108,556,251
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
$38,494,527 $38,494,527 $32,069,877
$38,494,527 $38,494,527 $32,069,877
$38,494,527 $38,494,527 $32,069,877
TUESDAY, FEBRUARY 16, 2016
943
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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$22,000,000 $22,000,000
$2,000,000 $2,000,000 $8,069,877 $8,069,877 $5,483,042 $5,483,042 $5,483,042 $76,047,446
$22,000,000 $22,000,000
$2,000,000 $2,000,000 $8,069,877 $8,069,877 $5,483,042 $5,483,042 $5,483,042 $76,047,446
$22,000,000 $22,000,000
$2,000,000 $2,000,000 $8,069,877 $8,069,877 $5,483,042 $5,483,042 $5,483,042 $76,047,446
270.1 Utilize existing funds to match institution merit increases. (H:YES)(S:YES) State General Funds
$0
$0
270.100-Agricultural Experiment Station
Appropriation (HB 750)
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
$38,494,527 $38,494,527 $38,494,527
State General Funds
$38,494,527 $38,494,527 $38,494,527
TOTAL AGENCY FUNDS
$32,069,877 $32,069,877 $32,069,877
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
$2,000,000
$2,000,000
$2,000,000
Rebates, Refunds, and Reimbursements Not Itemized
$2,000,000
$2,000,000
$2,000,000
Sales and Services
$8,069,877
$8,069,877
$8,069,877
Sales and Services Not Itemized
$8,069,877
$8,069,877
$8,069,877
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$5,483,042
$5,483,042
$5,483,042
Agency Funds Transfers
$5,483,042
$5,483,042
$5,483,042
Agency Fund Transfers Not Itemized
$5,483,042
$5,483,042
$5,483,042
TOTAL PUBLIC FUNDS
$76,047,446 $76,047,446 $76,047,446
944
JOURNAL OF THE HOUSE
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$0 $0 $2,788,717 $375,000 $375,000 $2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $5,785,273
$0 $0 $2,788,717 $375,000 $375,000 $2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $5,785,273
$0 $0 $2,788,717 $375,000 $375,000 $2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $5,785,273
271.100 -Athens and Tifton Veterinary Laboratories
Appropriation (HB 750)
The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and
animal owners to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals.
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$2,788,717 $375,000 $375,000
$2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $5,785,273
$2,788,717 $375,000 $375,000
$2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $5,785,273
$2,788,717 $375,000 $375,000
$2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $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.
TUESDAY, FEBRUARY 16, 2016
945
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 $31,333,929 $10,000,000 $10,000,000
$8,083,929 $8,083,929 $13,250,000 $13,250,000 $63,621,347
$32,287,418 $32,287,418 $31,333,929 $10,000,000 $10,000,000
$8,083,929 $8,083,929 $13,250,000 $13,250,000 $63,621,347
$32,287,418 $32,287,418 $31,333,929 $10,000,000 $10,000,000
$8,083,929 $8,083,929 $13,250,000 $13,250,000 $63,621,347
272.1 Utilize existing funds to match institution merit increases. (H:YES)(S:YES) State General Funds
$0
$0
272.100 -Cooperative Extension Service
Appropriation (HB 750)
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
$32,287,418 $32,287,418 $32,287,418
State General Funds
$32,287,418 $32,287,418 $32,287,418
TOTAL AGENCY FUNDS
$31,333,929 $31,333,929 $31,333,929
Intergovernmental Transfers
$10,000,000 $10,000,000 $10,000,000
University System of Georgia Research Funds
$10,000,000 $10,000,000 $10,000,000
Rebates, Refunds, and Reimbursements
$8,083,929
$8,083,929
$8,083,929
Rebates, Refunds, and Reimbursements Not Itemized
$8,083,929
$8,083,929
$8,083,929
Sales and Services
$13,250,000 $13,250,000 $13,250,000
Sales and Services Not Itemized
$13,250,000 $13,250,000 $13,250,000
TOTAL PUBLIC FUNDS
$63,621,347 $63,621,347 $63,621,347
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.
946
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$8,590,935 $8,590,935 $10,900,000 $8,000,000 $8,000,000 $1,400,000 $1,400,000 $1,500,000 $1,500,000 $19,490,935
$8,590,935 $8,590,935 $10,900,000 $8,000,000 $8,000,000 $1,400,000 $1,400,000 $1,500,000 $1,500,000 $19,490,935
$8,590,935 $8,590,935 $10,900,000 $8,000,000 $8,000,000 $1,400,000 $1,400,000 $1,500,000 $1,500,000 $19,490,935
273.100 -Enterprise Innovation Institute
Appropriation (HB 750)
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
$8,590,935
$8,590,935
$8,590,935
State General Funds
$8,590,935
$8,590,935
$8,590,935
TOTAL AGENCY FUNDS
$10,900,000 $10,900,000 $10,900,000
Intergovernmental Transfers
$8,000,000
$8,000,000
$8,000,000
Intergovernmental Transfers Not Itemized
$8,000,000
$8,000,000
$8,000,000
Rebates, Refunds, and Reimbursements
$1,400,000
$1,400,000
$1,400,000
Rebates, Refunds, and Reimbursements Not Itemized
$1,400,000
$1,400,000
$1,400,000
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
$19,490,935 $19,490,935 $19,490,935
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
$810,431 $810,431 $575,988
$810,431 $810,431 $575,988
$810,431 $810,431 $575,988
TUESDAY, FEBRUARY 16, 2016
947
Intergovernmental Transfers University System of Georgia Research Funds
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$475,988 $475,988 $100,000 $100,000 $1,386,419
$475,988 $475,988 $100,000 $100,000 $1,386,419
$475,988 $475,988 $100,000 $100,000 $1,386,419
274.100-Forestry Cooperative Extension
Appropriation (HB 750)
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
$810,431
$810,431
$810,431
State General Funds
$810,431
$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
$1,386,419
$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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,660,386 $2,660,386 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634 $659,792 $659,792 $12,910,812
$2,660,386 $2,660,386 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634 $659,792 $659,792 $12,910,812
$2,660,386 $2,660,386 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634 $659,792 $659,792 $12,910,812
948
JOURNAL OF THE HOUSE
275.100-Forestry Research
Appropriation (HB 750)
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,646,252 $4,646,252
$882,473 $76,473 $76,473
$806,000 $606,000 $200,000 $5,528,725
$4,646,252 $4,646,252
$882,473 $76,473 $76,473
$806,000 $606,000 $200,000 $5,528,725
$4,646,252 $4,646,252
$882,473 $76,473 $76,473
$806,000 $606,000 $200,000 $5,528,725
276.100-Georgia Archives
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
949
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,646,252 $4,646,252
$882,473 $76,473 $76,473
$806,000 $606,000 $200,000 $5,528,725
$4,646,252 $4,646,252
$882,473 $76,473 $76,473
$806,000 $606,000 $200,000 $5,528,725
$4,646,252 $4,646,252
$882,473 $76,473 $76,473
$806,000 $606,000 $200,000 $5,528,725
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 $4,466,022 $4,466,022 $4,466,022 $4,466,022
$0 $0 $4,466,022 $4,466,022 $4,466,022 $4,466,022
$0 $0 $4,466,022 $4,466,022 $4,466,022 $4,466,022
277.100-Georgia Radiation Therapy Center
Appropriation (HB 750)
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
$4,466,022 $4,466,022 $4,466,022 $4,466,022
$4,466,022 $4,466,022 $4,466,022 $4,466,022
$4,466,022 $4,466,022 $4,466,022 $4,466,022
950
JOURNAL OF THE HOUSE
Georgia Tech Research Institute
Continuation Budget
The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of
Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in
Georgia.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$5,694,440 $5,694,440 $361,751,431 $231,348,767 $231,348,767 $122,020,899 $122,020,899 $8,381,765 $8,381,765 $367,445,871
$5,694,440 $5,694,440 $361,751,431 $231,348,767 $231,348,767 $122,020,899 $122,020,899 $8,381,765 $8,381,765 $367,445,871
$5,694,440 $5,694,440 $361,751,431 $231,348,767 $231,348,767 $122,020,899 $122,020,899 $8,381,765 $8,381,765 $367,445,871
278.100-Georgia Tech Research Institute
Appropriation (HB 750)
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
$361,751,431 $361,751,431 $361,751,431
Intergovernmental Transfers
$231,348,767 $231,348,767 $231,348,767
University System of Georgia Research Funds
$231,348,767 $231,348,767 $231,348,767
Rebates, Refunds, and Reimbursements
$122,020,899 $122,020,899 $122,020,899
Rebates, Refunds, and Reimbursements Not Itemized
$122,020,899 $122,020,899 $122,020,899
Sales and Services
$8,381,765
$8,381,765
$8,381,765
Sales and Services Not Itemized
$8,381,765
$8,381,765
$8,381,765
TOTAL PUBLIC FUNDS
$367,445,871 $367,445,871 $367,445,871
TUESDAY, FEBRUARY 16, 2016
951
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$926,998 $926,998 $486,281 $367,648 $367,648
$25,000 $25,000 $93,633 $93,633 $1,413,279
$926,998 $926,998 $486,281 $367,648 $367,648
$25,000 $25,000 $93,633 $93,633 $1,413,279
$926,998 $926,998 $486,281 $367,648 $367,648
$25,000 $25,000 $93,633 $93,633 $1,413,279
279.100 -Marine Institute
Appropriation (HB 750)
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
$926,998
$926,998
$926,998
State General Funds
$926,998
$926,998
$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
$25,000
$25,000
$25,000
Rebates, Refunds, and Reimbursements Not Itemized
$25,000
$25,000
$25,000
Sales and Services
$93,633
$93,633
$93,633
Sales and Services Not Itemized
$93,633
$93,633
$93,633
TOTAL PUBLIC FUNDS
$1,413,279
$1,413,279
$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.
952
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
$1,243,709 $1,243,709 $1,345,529
$600,000 $600,000
$90,000 $90,000 $655,529 $655,529 $2,589,238
$1,243,709 $1,243,709 $1,345,529
$600,000 $600,000
$90,000 $90,000 $655,529 $655,529 $2,589,238
$1,243,709 $1,243,709 $1,345,529
$600,000 $600,000
$90,000 $90,000 $655,529 $655,529 $2,589,238
280.100 -Marine Resources Extension Center
Appropriation (HB 750)
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.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$28,840,775 $28,840,775 $28,840,775
$28,840,775 $28,840,775 $28,840,775
$28,840,775 $28,840,775 $28,840,775
TUESDAY, FEBRUARY 16, 2016
953
281.100 -Medical College of Georgia Hospital and Clinics
Appropriation (HB 750)
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 Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$32,869,520 $32,869,520
$5,222,400 $5,222,400 $5,222,400 $38,091,920
$32,869,520 $32,869,520
$5,222,400 $5,222,400 $5,222,400 $38,091,920
$32,869,520 $32,869,520
$5,222,400 $5,222,400 $5,222,400 $38,091,920
282.100 -Public Libraries
Appropriation (HB 750)
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
Intergovernmental Transfers Not Itemized
$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.
954
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS
$32,691,972 $32,444,814
$247,158 $32,691,972
$32,691,972 $32,444,814
$247,158 $32,691,972
$32,691,972 $32,444,814
$247,158 $32,691,972
283.100 -Public Service / Special Funding Initiatives
Appropriation (HB 750)
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
$32,691,972 $32,691,972 $32,691,972
State General Funds
$32,444,814 $32,444,814 $32,444,814
Tobacco Settlement Funds
$247,158
$247,158
$247,158
TOTAL PUBLIC FUNDS
$32,691,972 $32,691,972 $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
$11,894,954 $11,894,954 $11,894,954
$11,894,954 $11,894,954 $11,894,954
$11,894,954 $11,894,954 $11,894,954
284.100 -Regents Central Office
Appropriation (HB 750)
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
$11,894,954 $11,894,954 $11,894,954
State General Funds
$11,894,954 $11,894,954 $11,894,954
TOTAL PUBLIC FUNDS
$11,894,954 $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.
TUESDAY, FEBRUARY 16, 2016
955
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
$1,273,178 $1,273,178 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,073,798
$1,273,178 $1,273,178 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,073,798
$1,273,178 $1,273,178 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,073,798
285.100 -Skidaway Institute of Oceanography
Appropriation (HB 750)
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
$1,795,857,875 $1,795,857,875 $4,598,893,472 $2,272,056,794
$1,795,857,875 $1,795,857,875 $4,598,893,472 $2,272,056,794
$1,795,857,875 $1,795,857,875 $4,598,893,472 $2,272,056,794
956
JOURNAL OF THE HOUSE
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
$1,780,992,725 $491,064,069 $133,964,098 $133,964,098
$2,192,872,580 $252,586,866
$1,940,285,714 $6,394,751,347
$1,780,992,725 $491,064,069 $133,964,098 $133,964,098
$2,192,872,580 $252,586,866
$1,940,285,714 $6,394,751,347
$1,780,992,725 $491,064,069 $133,964,098 $133,964,098
$2,192,872,580 $252,586,866
$1,940,285,714 $6,394,751,347
286.1 Increase funds for operations for the Cordele Center at Darton State College. (H:YES; Utilize existing funds for operations for the Cordele Center at Darton State College)
State General Funds
$413,797
$0
$413,797
286.2 Utilize existing funds to match institution merit increases in Agricultural Experiment Station and Cooperative Extension Service programs. (H:YES)(S:YES)
State General Funds
$0
$0
286.100 -Teaching
Appropriation (HB 750)
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
$1,796,271,672 $1,795,857,875 $1,796,271,672
State General Funds
$1,796,271,672 $1,795,857,875 $1,796,271,672
TOTAL AGENCY FUNDS
$4,598,893,472 $4,598,893,472 $4,598,893,472
Intergovernmental Transfers
$2,272,056,794 $2,272,056,794 $2,272,056,794
University System of Georgia Research Funds
$1,780,992,725 $1,780,992,725 $1,780,992,725
Intergovernmental Transfers Not Itemized
$491,064,069 $491,064,069 $491,064,069
Rebates, Refunds, and Reimbursements
$133,964,098 $133,964,098 $133,964,098
Rebates, Refunds, and Reimbursements Not Itemized
$133,964,098 $133,964,098 $133,964,098
Sales and Services
$2,192,872,580 $2,192,872,580 $2,192,872,580
Sales and Services Not Itemized
$252,586,866 $252,586,866 $252,586,866
Tuition and Fees for Higher Education
$1,940,285,714 $1,940,285,714 $1,940,285,714
TOTAL PUBLIC FUNDS
$6,395,165,144 $6,394,751,347 $6,395,165,144
TUESDAY, FEBRUARY 16, 2016
957
Veterinary Medicine Experiment Station
Continuation Budget
The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of
present and potential concern to Georgia's livestock and poultry industries and to provide training and education in disease research,
surveillance, and intervention.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,649,796 $2,649,796 $2,649,796
$2,649,796 $2,649,796 $2,649,796
$2,649,796 $2,649,796 $2,649,796
287.100 -Veterinary Medicine Experiment Station
Appropriation (HB 750)
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
$417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163
$417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163
$417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163
288.100 -Veterinary Medicine Teaching Hospital
Appropriation (HB 750)
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.
958
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163
$417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163
$417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $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
$3,547,852 $3,547,852 $3,547,852
$3,547,852 $3,547,852 $3,547,852
$3,547,852 $3,547,852 $3,547,852
289.100-Payments to Georgia Military College
Appropriation (HB 750)
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
$3,547,852
$3,547,852
$3,547,852
State General Funds
$3,547,852
$3,547,852
$3,547,852
TOTAL PUBLIC FUNDS
$3,547,852
$3,547,852
$3,547,852
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
$14,997,510 $14,997,510 $14,997,510
$14,997,510 $14,997,510 $14,997,510
$14,997,510 $14,997,510 $14,997,510
290.100-Payments to Georgia Public Telecommunications Commission
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
959
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$14,997,510 $14,997,510 $14,997,510
$14,997,510 $14,997,510 $14,997,510
$14,997,510 $14,997,510 $14,997,510
Section 42: 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
$181,285,086 $181,285,086
$180,851,303 $180,851,303
$433,783
$433,783
$819,087
$819,087
$567,580
$567,580
$251,507
$251,507
$182,104,173 $182,104,173
$181,285,086 $180,851,303
$433,783 $819,087 $567,580 $251,507 $182,104,173
Section Total - Final
TOTAL STATE FUNDS
$196,207,246
State General Funds
$195,773,463
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
$197,026,333
$196,207,246 $195,773,463
$433,783 $819,087 $567,580 $251,507 $197,026,333
$196,207,246 $195,773,463
$433,783 $819,087 $567,580 $251,507 $197,026,333
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
$8,113,036 $8,113,036 $8,113,036
$8,113,036 $8,113,036 $8,113,036
$8,113,036 $8,113,036 $8,113,036
960
JOURNAL OF THE HOUSE
291.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$11,377
$11,377
$11,377
291.2 Transfer funds from the Customer Service, Local Government Services, Revenue Processing, Tax Compliance, and Technology Support Services programs to the Departmental Administration program to align budget and expenditures.
State General Funds
$1,641,502
$1,641,502
$1,641,502
291.3 Transfer funds, nine positions and operations from the Office of Special Investigations program to the Departmental Administration program for facilities and mailroom operations.
State General Funds
$641,413
$641,413
$641,413
291.100-Departmental Administration
Appropriation (HB 750)
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
$10,407,328 $10,407,328 $10,407,328
State General Funds
$10,407,328 $10,407,328 $10,407,328
TOTAL PUBLIC FUNDS
$10,407,328 $10,407,328 $10,407,328
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
292.1 Increase funds for Forestland Protection Act grants to meet projected need.
State General Funds
$15,000,000
$15,000,000
$15,000,000
TUESDAY, FEBRUARY 16, 2016
961
292.100 -Forestland Protection Grants
Appropriation (HB 750)
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
293.100 -Fraud Detection and Prevention
Appropriation (HB 750)
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
$6,048,349 $5,614,566
$433,783 $371,507 $120,000
$6,048,349 $5,614,566
$433,783 $371,507 $120,000
$6,048,349 $5,614,566
$433,783 $371,507 $120,000
962
JOURNAL OF THE HOUSE
Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS
$251,507 $6,419,856
$251,507 $6,419,856
$251,507 $6,419,856
294.1 Transfer funds from the Customer Service, Local Government Services, Revenue Processing, Tax Compliance, and Technology Support Services programs to the Industry Regulation program to align budget and expenditures.
State General Funds
$820,155
$820,155
$820,155
294.100 -Industry Regulation
Appropriation (HB 750)
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
$6,868,504
$6,868,504
$6,868,504
State General Funds
$6,434,721
$6,434,721
$6,434,721
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
$7,240,011
$7,240,011
$7,240,011
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
$4,873,457 $4,873,457 $4,873,457
$4,873,457 $4,873,457 $4,873,457
$4,873,457 $4,873,457 $4,873,457
295.1 Transfer funds from the Local Government Services program to the Departmental Administration, Industry Regulation, Motor Vehicle Registration and Titling, Office of Special Investigations, and Tax Policy programs to align budget and expenditures.
State General Funds
($168,177)
($168,177)
($168,177)
TUESDAY, FEBRUARY 16, 2016
963
295.100-Local Government Services
Appropriation (HB 750)
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
$4,705,280
$4,705,280
$4,705,280
State General Funds
$4,705,280
$4,705,280
$4,705,280
TOTAL PUBLIC FUNDS
$4,705,280
$4,705,280
$4,705,280
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
$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
296.1 Reduce funds to align budget with projected expenditures. State General Funds
($1,189,217) ($1,189,217) ($1,189,217)
296.100 -Local Tax Officials Retirement and FICA
Appropriation (HB 750)
The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.
TOTAL STATE FUNDS
$11,822,207 $11,822,207 $11,822,207
State General Funds
$11,822,207 $11,822,207 $11,822,207
TOTAL PUBLIC FUNDS
$11,822,207 $11,822,207 $11,822,207
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
$19,566,913 $19,566,913 $19,566,913
$19,566,913 $19,566,913 $19,566,913
$19,566,913 $19,566,913 $19,566,913
964
JOURNAL OF THE HOUSE
297.1 Transfer funds from the Customer Service, Local Government Services, Revenue Processing, Tax Compliance, and Technology Support Services programs to the Motor Vehicle Registration and Titling program to align budget and expenditures.
State General Funds
$9,552,397
$9,552,397
$9,552,397
297.2 Increase funds to meet projected expenditures for tag production.
State General Funds
$1,100,000
$1,100,000
$1,100,000
297.100 -Motor Vehicle Registration and Titling
Appropriation (HB 750)
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
$30,219,310 $30,219,310 $30,219,310
State General Funds
$30,219,310 $30,219,310 $30,219,310
TOTAL PUBLIC FUNDS
$30,219,310 $30,219,310 $30,219,310
Office of Special Investigations
Continuation Budget
The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$3,955,313 $3,955,313 $3,955,313
$3,955,313 $3,955,313 $3,955,313
$3,955,313 $3,955,313 $3,955,313
298.1 Transfer funds from the Customer Service, Local Government Services, Revenue Processing, Tax Compliance, and Technology Support Services programs to the Office of Special Investigations program to align budget and expenditures.
State General Funds
$1,280,261
$1,280,261
$1,280,261
298.2 Transfer funds, nine positions and operations from the Office of Special Investigations program to the Departmental Administration program for facilities and mailroom operations.
State General Funds
($641,413)
($641,413)
($641,413)
298.100 -Office of Special Investigations
Appropriation (HB 750)
The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts.
TUESDAY, FEBRUARY 16, 2016
965
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$4,594,161 $4,594,161 $4,594,161
$4,594,161 $4,594,161 $4,594,161
$4,594,161 $4,594,161 $4,594,161
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
$13,613,917 $13,613,917 $13,613,917
$13,613,917 $13,613,917 $13,613,917
$13,613,917 $13,613,917 $13,613,917
299.1 Transfer funds from the Revenue Processing program to the Departmental Administration, Industry Regulation, Motor Vehicle Registration and Titling, Office of Special Investigations, and Tax Policy programs to align budget and expenditures.
State General Funds
($317,180)
($317,180)
($317,180)
299.100 -Revenue Processing
Appropriation (HB 750)
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
$13,296,737 $13,296,737 $13,296,737
State General Funds
$13,296,737 $13,296,737 $13,296,737
TOTAL PUBLIC FUNDS
$13,296,737 $13,296,737 $13,296,737
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
$54,604,522 $54,604,522
$222,000 $222,000 $54,826,522
$54,604,522 $54,604,522
$222,000 $222,000 $54,826,522
$54,604,522 $54,604,522
$222,000 $222,000 $54,826,522
966
JOURNAL OF THE HOUSE
300.1 Transfer funds from the Tax Compliance program to the Departmental Administration, Industry Regulation, Motor Vehicle Registration and Titling, Office of Special Investigations, and Tax Policy programs to align budget and expenditures.
State General Funds
($2,026,593) ($2,026,593) ($2,026,593)
300.100 -Tax Compliance
Appropriation (HB 750)
The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.
TOTAL STATE FUNDS
$52,577,929 $52,577,929 $52,577,929
State General Funds
$52,577,929 $52,577,929 $52,577,929
TOTAL FEDERAL FUNDS
$222,000
$222,000
$222,000
Federal Funds Not Itemized
$222,000
$222,000
$222,000
TOTAL PUBLIC FUNDS
$52,799,929 $52,799,929 $52,799,929
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
$3,127,866 $3,127,866 $3,127,866
$3,127,866 $3,127,866 $3,127,866
$3,127,866 $3,127,866 $3,127,866
301.1 Transfer funds from the Customer Service, Local Government Services, Revenue Processing, Tax Compliance, and Technology Support Services programs to the Tax Policy program to align budget and expenditures.
State General Funds
$800,806
$800,806
$800,806
301.100 -Tax Policy
Appropriation (HB 750)
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
$3,928,672
$3,928,672
$3,928,672
State General Funds
$3,928,672
$3,928,672
$3,928,672
TOTAL PUBLIC FUNDS
$3,928,672
$3,928,672
$3,928,672
TUESDAY, FEBRUARY 16, 2016
967
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
$25,321,596 $25,321,596 $25,321,596
$25,321,596 $25,321,596 $25,321,596
$25,321,596 $25,321,596 $25,321,596
302.1 Transfer funds from the Technology Support Services program to the Departmental Administration, Industry Regulation, Motor Vehicle Registration and Titling, Office of Special Investigations, and Tax Policy programs to align budget and expenditures.
State General Funds
($11,358,217) ($11,358,217) ($11,358,217)
302.100 -Technology Support Services
Appropriation (HB 750)
The purpose of this appropriation is to support the department in information technology and provide electronic filing services to
taxpayers.
TOTAL STATE FUNDS
$13,963,379 $13,963,379 $13,963,379
State General Funds
$13,963,379 $13,963,379 $13,963,379
TOTAL PUBLIC FUNDS
$13,963,379 $13,963,379 $13,963,379
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
$13,726,342 $13,726,342
$225,580 $225,580 $13,951,922
$13,726,342 $13,726,342
$225,580 $225,580 $13,951,922
$13,726,342 $13,726,342
$225,580 $225,580 $13,951,922
303.1 Transfer funds from the Customer Service program to the Departmental Administration, Industry Regulation, Motor Vehicle Registration and Titling, Office of Special Investigations, and Tax Policy programs to align budget and expenditures.
State General Funds
($224,954)
($224,954)
($224,954)
968
JOURNAL OF THE HOUSE
303.100 -Customer Service
Appropriation (HB 750)
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
$13,501,388 $13,501,388 $13,501,388
State General Funds
$13,501,388 $13,501,388 $13,501,388
TOTAL FEDERAL FUNDS
$225,580
$225,580
$225,580
Federal Funds Not Itemized
$225,580
$225,580
$225,580
TOTAL PUBLIC FUNDS
$13,726,968 $13,726,968 $13,726,968
Section 43: 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
$24,476,790 $24,476,790
$24,476,790 $24,476,790
$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
$29,285,639 $29,285,639
$24,476,790 $24,476,790
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,285,639
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
$24,484,471 $24,484,471
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,293,320
$24,316,329 $24,316,329
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,125,178
$24,316,329 $24,316,329
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,125,178
TUESDAY, FEBRUARY 16, 2016
969
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
$943,462 $943,462 $3,775,096 $3,775,096 $3,775,096 $4,718,558
$943,462 $943,462 $3,775,096 $3,775,096 $3,775,096 $4,718,558
$943,462 $943,462 $3,775,096 $3,775,096 $3,775,096 $4,718,558
304.1 Reduce funds to reflect projected expenditures. State General Funds
($107,959)
($107,959)
304.100 -Corporations
Appropriation (HB 750)
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
$835,503
$835,503
State General Funds
$943,462
$835,503
$835,503
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
$4,610,599
$4,610,599
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
$5,369,670 $5,369,670
$85,000 $85,000
$5,369,670 $5,369,670
$85,000 $85,000
$5,369,670 $5,369,670
$85,000 $85,000
970
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$50,000 $50,000 $50,000 $5,504,670
$50,000 $50,000 $50,000 $5,504,670
$50,000 $50,000 $50,000 $5,504,670
305.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$1,091
$1,091
$1,091
305.100 -Elections
Appropriation (HB 750)
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
$5,370,761
$5,370,761
$5,370,761
State General Funds
$5,370,761
$5,370,761
$5,370,761
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
$5,505,761
$5,505,761
$5,505,761
Investigations
Continuation Budget
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 State General Funds
TOTAL PUBLIC FUNDS
$2,784,729 $2,784,729 $2,784,729
$2,784,729 $2,784,729 $2,784,729
$2,784,729 $2,784,729 $2,784,729
306.100 -Investigations
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
971
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,784,729 $2,784,729 $2,784,729
$2,784,729 $2,784,729 $2,784,729
$2,784,729 $2,784,729 $2,784,729
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
$3,304,322 $3,304,322
$15,000 $15,000 $15,000 $3,319,322
$3,304,322 $3,304,322
$15,000 $15,000 $15,000 $3,319,322
$3,304,322 $3,304,322
$15,000 $15,000 $15,000 $3,319,322
307.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$3,081
$3,081
$3,081
307.2 Reduce funds to reflect projected expenditures.
State General Funds
($24,343)
($24,343)
307.100 -Office Administration
Appropriation (HB 750)
The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.
TOTAL STATE FUNDS
$3,307,403
$3,283,060
$3,283,060
State General Funds
$3,307,403
$3,283,060
$3,283,060
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
$3,322,403
$3,298,060
$3,298,060
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.
972
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$8,150,375 $8,150,375
$813,753 $813,753 $813,753 $8,964,128
$8,150,375 $8,150,375
$813,753 $813,753 $813,753 $8,964,128
$8,150,375 $8,150,375
$813,753 $813,753 $813,753 $8,964,128
308.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$2,113
$2,113
$2,113
308.100 -Professional Licensing Boards
Appropriation (HB 750)
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
$8,152,488
$8,152,488
$8,152,488
State General Funds
$8,152,488
$8,152,488
$8,152,488
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
$8,966,241
$8,966,241
$8,966,241
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
$668,528 $668,528
$50,000 $50,000 $50,000 $718,528
$668,528 $668,528
$50,000 $50,000 $50,000 $718,528
$668,528 $668,528
$50,000 $50,000 $50,000 $718,528
TUESDAY, FEBRUARY 16, 2016
973
309.1 Reduce funds to reflect projected expenditures. State General Funds
($35,840)
($35,840)
309.100 -Securities
Appropriation (HB 750)
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
$668,528
$632,688
$632,688
State General Funds
$668,528
$632,688
$632,688
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
$718,528
$682,688
$682,688
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
$264,236 $264,236
$20,000 $20,000 $20,000 $284,236
$264,236 $264,236
$20,000 $20,000 $20,000 $284,236
$264,236 $264,236
$20,000 $20,000 $20,000 $284,236
310.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$13
$13
$13
310.100-Commission on the Holocaust, Georgia
Appropriation (HB 750)
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.
974
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
$264,249 $264,249
$20,000 $20,000 $20,000 $284,249
$264,249 $264,249
$20,000 $20,000 $20,000 $284,249
$264,249 $264,249
$20,000 $20,000 $20,000 $284,249
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
$2,991,468 $2,991,468 $2,991,468
$2,991,468 $2,991,468 $2,991,468
$2,991,468 $2,991,468 $2,991,468
311.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$1,383
$1,383
$1,383
311.100-Real Estate Commission
Appropriation (HB 750)
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
$2,992,851
$2,992,851
$2,992,851
State General Funds
$2,992,851
$2,992,851
$2,992,851
TOTAL PUBLIC FUNDS
$2,992,851
$2,992,851
$2,992,851
Section 44: Student Finance Commission and Authority, Georgia
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
Section Total - Continuation
$717,162,075 $717,162,075
$60,685,247 $60,685,247
$656,476,828 $656,476,828
$38,650
$38,650
$38,650
$38,650
$717,162,075 $60,685,247 $656,476,828
$38,650 $38,650
TUESDAY, FEBRUARY 16, 2016
975
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$713,673 $713,673 $713,673 $600,000 $600,000 $600,000 $718,514,398
$713,673 $713,673 $713,673 $600,000 $600,000 $600,000 $718,514,398
$713,673 $713,673 $713,673 $600,000 $600,000 $600,000 $718,514,398
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Final
$768,247,894 $81,444,879 $686,803,015
$38,650 $38,650 $713,673 $713,673 $713,673 $600,000 $600,000 $600,000 $769,600,217
$768,247,894 $81,444,879 $686,803,015
$38,650 $38,650 $713,673 $713,673 $713,673 $600,000 $600,000 $600,000 $769,600,217
$768,247,894 $81,444,879 $686,803,015
$38,650 $38,650 $713,673 $713,673 $713,673 $600,000 $600,000 $600,000 $769,600,217
Engineer Scholarship
Continuation Budget
The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students and retain those
students as engineers in the State.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,029,000 $1,029,000 $1,029,000
$1,029,000 $1,029,000 $1,029,000
$1,029,000 $1,029,000 $1,029,000
312.100 -Engineer Scholarship
Appropriation (HB 750)
The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students and retain those
students as engineers in the State.
976
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,029,000 $1,029,000 $1,029,000
$1,029,000 $1,029,000 $1,029,000
$1,029,000 $1,029,000 $1,029,000
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
$1,203,240 $1,203,240 $1,203,240
$1,203,240 $1,203,240 $1,203,240
$1,203,240 $1,203,240 $1,203,240
313.100-Georgia Military College Scholarship
Appropriation (HB 750)
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
314.100 -HERO Scholarship
Appropriation (HB 750)
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
TUESDAY, FEBRUARY 16, 2016
977
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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$8,209,800 $0
$8,209,800 $38,650 $38,650
$230,950 $230,950 $230,950 $600,000 $600,000 $600,000 $9,079,400
$8,209,800 $0
$8,209,800 $38,650 $38,650
$230,950 $230,950 $230,950 $600,000 $600,000 $600,000 $9,079,400
$8,209,800 $0
$8,209,800 $38,650 $38,650
$230,950 $230,950 $230,950 $600,000 $600,000 $600,000 $9,079,400
315.100-HOPE Administration
Appropriation (HB 750)
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 FEDERAL FUNDS
$38,650
$38,650
$38,650
Federal Funds Not Itemized
$38,650
$38,650
$38,650
TOTAL AGENCY FUNDS
$230,950
$230,950
$230,950
Intergovernmental Transfers
$230,950
$230,950
$230,950
Intergovernmental Transfers Not Itemized
$230,950
$230,950
$230,950
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$600,000
$600,000
$600,000
State Funds Transfers
$600,000
$600,000
$600,000
Agency to Agency Contracts
$600,000
$600,000
$600,000
TOTAL PUBLIC FUNDS
$9,079,400
$9,079,400
$9,079,400
978
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
316.99 SAC: The purpose of this appropriation is to encourage Georgia's General Educational Development (GED) recipients to pursue education beyond the high school level at an eligible postsecondary institution located in Georgia. House: The purpose of this appropriation is to encourage Georgia's General Educational Development (GED) recipients to pursue education beyond the high school level at an eligible postsecondary institution located in Georgia. Governor: The purpose of this appropriation is to encourage Georgia's General Educational Development (GED) recipients to pursue education beyond the high school level at an eligible postsecondary institution located in Georgia.
State General Funds
$0
$0
$0
316.100 -HOPE GED
Appropriation (HB 750)
The purpose of this appropriation is to encourage Georgia's General Educational Development (GED) recipients to pursue education
beyond the high school level at an eligible postsecondary institution located in 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
TUESDAY, FEBRUARY 16, 2016
979
317.100 -HOPE Grant
Appropriation (HB 750)
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
318.100-HOPE Scholarships - Private Schools
Appropriation (HB 750)
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
$463,360,413 $0
$463,360,413 $463,360,413
$463,360,413 $0
$463,360,413 $463,360,413
$463,360,413 $0
$463,360,413 $463,360,413
980
JOURNAL OF THE HOUSE
319.1 Increase funds to meet the projected need. Lottery Proceeds 319.2 Increase funds for Zell Miller Scholarships to meet the projected need. Lottery Proceeds
$27,137,028 $27,137,028 $27,137,028
$3,189,159
$3,189,159
$3,189,159
319.100 -HOPE Scholarships - Public Schools
Appropriation (HB 750)
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
$493,686,600 $493,686,600 $493,686,600
Lottery Proceeds
$493,686,600 $493,686,600 $493,686,600
TOTAL PUBLIC FUNDS
$493,686,600 $493,686,600 $493,686,600
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
$27,000,000 $1,000,000
$26,000,000 $27,000,000
$27,000,000 $1,000,000
$26,000,000 $27,000,000
$27,000,000 $1,000,000
$26,000,000 $27,000,000
320.99 SAC: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college or technical 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). House: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college or technical 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). Governor: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college
TUESDAY, FEBRUARY 16, 2016
981
or technical 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).
State General Funds
$0
$0
$0
320.100 -Low Interest Loans
Appropriation (HB 750)
The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college or technical
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
$27,000,000 $27,000,000 $27,000,000
State General Funds
$1,000,000
$1,000,000
$1,000,000
Lottery Proceeds
$26,000,000 $26,000,000 $26,000,000
TOTAL PUBLIC FUNDS
$27,000,000 $27,000,000 $27,000,000
Move on When Ready
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
$28,892,039 $28,892,039 $28,892,039
$28,892,039 $28,892,039 $28,892,039
$28,892,039 $28,892,039 $28,892,039
321.1 Increase funds to meet the projected need.
State General Funds
$20,233,824 $20,233,824
321.98 Change the name of the Accel program to the Move on When Ready program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$20,233,824 $0
321.100 -Move on When Ready
Appropriation (HB 750)
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.
982
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$49,125,863 $49,125,863 $49,125,863
$49,125,863 $49,125,863 $49,125,863
$49,125,863 $49,125,863 $49,125,863
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
$1,825,445 $1,825,445
$482,723 $482,723 $482,723 $2,308,168
$1,825,445 $1,825,445
$482,723 $482,723 $482,723 $2,308,168
$1,825,445 $1,825,445
$482,723 $482,723 $482,723 $2,308,168
322.1 Increase funds to meet the projected need. State General Funds
$525,808
$525,808
$525,808
322.100 -North Georgia Military Scholarship Grants
Appropriation (HB 750)
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
$2,351,253
$2,351,253
$2,351,253
State General Funds
$2,351,253
$2,351,253
$2,351,253
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
$2,833,976
$2,833,976
$2,833,976
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.
TUESDAY, FEBRUARY 16, 2016
983
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,237,500 $1,237,500 $1,237,500
$1,237,500 $1,237,500 $1,237,500
$1,237,500 $1,237,500 $1,237,500
323.100 -North Georgia ROTC Grants
Appropriation (HB 750)
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
$600,000 $600,000 $600,000
$600,000 $600,000 $600,000
$600,000 $600,000 $600,000
324.100-Public Safety Memorial Grant
Appropriation (HB 750)
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
$600,000
$600,000
$600,000
State General Funds
$600,000
$600,000
$600,000
TOTAL PUBLIC FUNDS
$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.
984
JOURNAL OF THE HOUSE
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
325.100 -REACH Georgia Scholarship
Appropriation (HB 750)
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
$21,224,952 $21,224,952 $21,224,952
$21,224,952 $21,224,952 $21,224,952
$21,224,952 $21,224,952 $21,224,952
326.100 -Tuition Equalization Grants
Appropriation (HB 750)
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.
TUESDAY, FEBRUARY 16, 2016
985
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$873,071 $873,071 $873,071
$873,071 $873,071 $873,071
$873,071 $873,071 $873,071
327.100-Nonpublic Postsecondary Education Commission
Appropriation (HB 750)
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
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
$317,000
$317,000
$317,000
$317,000
$36,002,746 $36,002,746
$36,002,746 $36,002,746
$36,002,746 $36,002,746
$36,319,746 $36,319,746
$317,000 $317,000 $36,002,746 $36,002,746 $36,002,746 $36,319,746
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 $36,002,746 $36,002,746 $36,002,746 $36,319,746
$317,000 $317,000 $36,002,746 $36,002,746 $36,002,746 $36,319,746
$317,000 $317,000 $36,002,746 $36,002,746 $36,002,746 $36,319,746
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.
986
JOURNAL OF THE HOUSE
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
328.100 -Local/Floor COLA
Appropriation (HB 750)
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
$317,000
$317,000
$317,000
State General Funds
$317,000
$317,000
$317,000
TOTAL PUBLIC FUNDS
$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 $36,002,746 $36,002,746 $36,002,746 $36,002,746
$0 $0 $36,002,746 $36,002,746 $36,002,746 $36,002,746
$0 $0 $36,002,746 $36,002,746 $36,002,746 $36,002,746
329.100-System Administration
Appropriation (HB 750)
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
$36,002,746 $36,002,746 $36,002,746 $36,002,746
$36,002,746 $36,002,746 $36,002,746 $36,002,746
$36,002,746 $36,002,746 $36,002,746 $36,002,746
TUESDAY, FEBRUARY 16, 2016
987
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
$339,934,441 $339,934,441
$339,934,441 $339,934,441
$81,691,954 $81,691,954
$79,470,279 $79,470,279
$2,221,675
$2,221,675
$356,552,704 $356,552,704
$3,754,721
$3,754,721
$3,754,721
$3,754,721
$100,000
$100,000
$100,000
$100,000
$352,697,983 $352,697,983
$71,980,698 $71,980,698
$280,717,285 $280,717,285
$3,201,099
$3,201,099
$3,201,099
$3,201,099
$3,201,099
$3,201,099
$781,380,198 $781,380,198
$339,934,441 $339,934,441 $81,691,954 $79,470,279
$2,221,675 $356,552,704
$3,754,721 $3,754,721
$100,000 $100,000 $352,697,983 $71,980,698 $280,717,285 $3,201,099 $3,201,099 $3,201,099 $781,380,198
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
Section Total - Final
$340,025,630 $340,025,630 $81,691,954 $79,470,279
$2,221,675 $356,552,704
$3,754,721 $3,754,721
$100,000
$340,025,630 $340,025,630 $81,691,954 $79,470,279
$2,221,675 $356,552,704
$3,754,721 $3,754,721
$100,000
$340,025,630 $340,025,630 $81,691,954 $79,470,279
$2,221,675 $356,552,704
$3,754,721 $3,754,721
$100,000
988
JOURNAL OF THE HOUSE
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
$100,000 $352,697,983 $71,980,698 $280,717,285
$3,201,099 $3,201,099 $3,201,099 $781,471,387
$100,000 $352,697,983 $71,980,698 $280,717,285
$3,201,099 $3,201,099 $3,201,099 $781,471,387
$100,000 $352,697,983 $71,980,698 $280,717,285
$3,201,099 $3,201,099 $3,201,099 $781,471,387
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
$14,492,443 $14,492,443 $19,324,577 $19,324,577
$6,485,279 $3,754,721 $3,754,721 $2,730,558 $2,730,558 $40,302,299
$14,492,443 $14,492,443 $19,324,577 $19,324,577
$6,485,279 $3,754,721 $3,754,721 $2,730,558 $2,730,558 $40,302,299
$14,492,443 $14,492,443 $19,324,577 $19,324,577
$6,485,279 $3,754,721 $3,754,721 $2,730,558 $2,730,558 $40,302,299
330.100 -Adult Education
Appropriation (HB 750)
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
$19,324,577 $19,324,577 $19,324,577
Federal Funds Not Itemized
$19,324,577 $19,324,577 $19,324,577
TUESDAY, FEBRUARY 16, 2016
989
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$6,485,279 $3,754,721 $3,754,721 $2,730,558 $2,730,558 $40,302,299
$6,485,279 $3,754,721 $3,754,721 $2,730,558 $2,730,558 $40,302,299
$6,485,279 $3,754,721 $3,754,721 $2,730,558 $2,730,558 $40,302,299
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 Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$8,719,592 $8,719,592
$100,000 $100,000 $100,000 $100,515 $100,515 $100,515 $8,920,107
$8,719,592 $8,719,592
$100,000 $100,000 $100,000 $100,515 $100,515 $100,515 $8,920,107
$8,719,592 $8,719,592
$100,000 $100,000 $100,000 $100,515 $100,515 $100,515 $8,920,107
331.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$3,761
$3,761
$3,761
331.100-Departmental Administration
Appropriation (HB 750)
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
$8,723,353
$8,723,353
$8,723,353
State General Funds
$8,723,353
$8,723,353
$8,723,353
TOTAL AGENCY FUNDS
$100,000
$100,000
$100,000
Rebates, Refunds, and Reimbursements
$100,000
$100,000
$100,000
Rebates, Refunds, and Reimbursements Not Itemized
$100,000
$100,000
$100,000
990
JOURNAL OF THE HOUSE
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$100,515 $100,515 $100,515 $8,923,868
$100,515 $100,515 $100,515 $8,923,868
$100,515 $100,515 $100,515 $8,923,868
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
$13,060,226 $13,060,226
$171,029 $171,029 $8,796,822 $8,796,822 $8,796,822 $22,028,077
$13,060,226 $13,060,226
$171,029 $171,029 $8,796,822 $8,796,822 $8,796,822 $22,028,077
$13,060,226 $13,060,226
$171,029 $171,029 $8,796,822 $8,796,822 $8,796,822 $22,028,077
332.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$692
$692
$692
332.100 -Quick Start and Customized Services
Appropriation (HB 750)
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
$13,060,918 $13,060,918 $13,060,918
State General Funds
$13,060,918 $13,060,918 $13,060,918
TOTAL FEDERAL FUNDS
$171,029
$171,029
$171,029
Federal Funds Not Itemized
$171,029
$171,029
$171,029
TOTAL AGENCY FUNDS
$8,796,822
$8,796,822
$8,796,822
Sales and Services
$8,796,822
$8,796,822
$8,796,822
TUESDAY, FEBRUARY 16, 2016
991
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$8,796,822 $22,028,769
$8,796,822 $22,028,769
$8,796,822 $22,028,769
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
$303,662,180 $303,662,180 $62,196,348 $59,974,673
$2,221,675 $341,170,603 $341,170,603 $60,453,318 $280,717,285
$3,100,584 $3,100,584 $3,100,584 $710,129,715
$303,662,180 $303,662,180 $62,196,348 $59,974,673
$2,221,675 $341,170,603 $341,170,603 $60,453,318 $280,717,285
$3,100,584 $3,100,584 $3,100,584 $710,129,715
$303,662,180 $303,662,180 $62,196,348 $59,974,673
$2,221,675 $341,170,603 $341,170,603 $60,453,318 $280,717,285
$3,100,584 $3,100,584 $3,100,584 $710,129,715
333.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$86,736
$86,736
$86,736
333.100 -Technical Education
Appropriation (HB 750)
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
$303,748,916 $303,748,916 $303,748,916
State General Funds
$303,748,916 $303,748,916 $303,748,916
TOTAL FEDERAL FUNDS
$62,196,348 $62,196,348 $62,196,348
992
JOURNAL OF THE HOUSE
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
$59,974,673 $2,221,675
$341,170,603 $341,170,603 $60,453,318 $280,717,285
$3,100,584 $3,100,584 $3,100,584 $710,216,451
$59,974,673 $2,221,675
$341,170,603 $341,170,603 $60,453,318 $280,717,285
$3,100,584 $3,100,584 $3,100,584 $710,216,451
$59,974,673 $2,221,675
$341,170,603 $341,170,603 $60,453,318 $280,717,285
$3,100,584 $3,100,584 $3,100,584 $710,216,451
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 Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$890,537,224 $890,537,224 $890,537,224
$23,960,710 $23,960,710 $23,960,710
$866,576,514 $866,576,514 $866,576,514
$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
$93,537,703 $93,537,703 $93,537,703
$3,971,000
$3,971,000
$3,971,000
$3,971,000
$3,971,000
$3,971,000
$39,945,170 $39,945,170 $39,945,170
$39,945,170 $39,945,170 $39,945,170
$49,621,533 $49,621,533 $49,621,533
$49,621,533 $49,621,533 $49,621,533
$2,577,221,237 $2,577,221,237 $2,577,221,237
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS
Section Total - Final
$1,649,250,709 $43,335,409
$1,605,915,300 $1,593,146,310
$1,649,250,709 $43,335,409
$1,605,915,300 $1,593,146,310
$1,649,250,709 $43,335,409
$1,605,915,300 $1,593,146,310
TUESDAY, FEBRUARY 16, 2016
993
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
$66,861,369 $1,526,284,941
$93,537,703 $3,971,000 $3,971,000
$39,945,170 $39,945,170 $49,621,533 $49,621,533 $3,335,934,722
$66,861,369 $1,526,284,941
$93,537,703 $3,971,000 $3,971,000
$39,945,170 $39,945,170 $49,621,533 $49,621,533 $3,335,934,722
$66,861,369 $1,526,284,941
$93,537,703 $3,971,000 $3,971,000
$39,945,170 $39,945,170 $49,621,533 $49,621,533 $3,335,934,722
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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$223,238,790 $0
$223,238,790 $925,252,699 $925,252,699 $55,300,430 $38,737,112 $38,737,112 $16,563,318 $16,563,318 $1,203,791,919
$223,238,790 $0
$223,238,790 $925,252,699 $925,252,699 $55,300,430 $38,737,112 $38,737,112 $16,563,318 $16,563,318 $1,203,791,919
$223,238,790 $0
$223,238,790 $925,252,699 $925,252,699 $55,300,430 $38,737,112 $38,737,112 $16,563,318 $16,563,318 $1,203,791,919
334.1 Increase funds to recognize additional revenue from HB170 (2015 Session) for capital construction.
State Motor Fuel Funds
$461,736,803 $461,736,803 $461,736,803
334.100 -Capital Construction Projects
Appropriation (HB 750)
The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and
state road systems.
994
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State Motor Fuel Funds
TOTAL FEDERAL FUNDS 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
$684,975,593 $684,975,593 $925,252,699 $925,252,699 $55,300,430 $38,737,112 $38,737,112 $16,563,318 $16,563,318 $1,665,528,722
$684,975,593 $684,975,593 $925,252,699 $925,252,699 $55,300,430 $38,737,112 $38,737,112 $16,563,318 $16,563,318 $1,665,528,722
$684,975,593 $684,975,593 $925,252,699 $925,252,699 $55,300,430 $38,737,112 $38,737,112 $16,563,318 $16,563,318 $1,665,528,722
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
$41,483,404 $0
$41,483,404 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $225,052,363
$41,483,404 $0
$41,483,404 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $225,052,363
$41,483,404 $0
$41,483,404 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $225,052,363
335.1 Increase funds to recognize additional revenue from HB170 (2015 Session) for capital maintenance.
State Motor Fuel Funds
$58,116,596 $58,116,596
$58,116,596
335.100 -Capital Maintenance Projects
Appropriation (HB 750)
The purpose of this appropriation is to provide funding for capital outlay for maintenance projects.
TOTAL STATE FUNDS
$99,600,000 $99,600,000 $99,600,000
State Motor Fuel Funds
$99,600,000 $99,600,000 $99,600,000
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
TUESDAY, FEBRUARY 16, 2016
995
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$350,574 $350,574 $350,574 $283,168,959
$350,574 $350,574 $350,574 $283,168,959
$350,574 $350,574 $350,574 $283,168,959
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 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
$82,124,154 $0
$82,124,154 $68,642,990 $68,642,990
$4,463,619 $3,500,000 $3,500,000
$526,415 $526,415 $437,204 $437,204 $155,230,763
$82,124,154 $0
$82,124,154 $68,642,990 $68,642,990
$4,463,619 $3,500,000 $3,500,000
$526,415 $526,415 $437,204 $437,204 $155,230,763
$82,124,154 $0
$82,124,154 $68,642,990 $68,642,990
$4,463,619 $3,500,000 $3,500,000
$526,415 $526,415 $437,204 $437,204 $155,230,763
336.100-Construction Administration
Appropriation (HB 750)
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
$4,463,619
$4,463,619
$4,463,619
996
JOURNAL OF THE HOUSE
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
$3,500,000 $3,500,000
$526,415 $526,415 $437,204 $437,204 $155,230,763
$3,500,000 $3,500,000
$526,415 $526,415 $437,204 $437,204 $155,230,763
$3,500,000 $3,500,000
$526,415 $526,415 $437,204 $437,204 $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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,825,346 $0
$2,825,346 $10,270,257 $10,270,257
$295,257 $233,000 $233,000
$62,257 $62,257 $13,390,860
$2,825,346 $0
$2,825,346 $10,270,257 $10,270,257
$295,257 $233,000 $233,000
$62,257 $62,257 $13,390,860
$2,825,346 $0
$2,825,346 $10,270,257 $10,270,257
$295,257 $233,000 $233,000
$62,257 $62,257 $13,390,860
337.1 Transfer funds from the Data Collection, Compliance and Reporting program to the Departmental Administration program to align budget to expenditures.
State Motor Fuel Funds
($1,000,000) ($1,000,000) ($1,000,000)
337.100 -Data Collection, Compliance and Reporting
Appropriation (HB 750)
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
$1,825,346
$1,825,346
$1,825,346
State Motor Fuel Funds
$1,825,346
$1,825,346
$1,825,346
TUESDAY, FEBRUARY 16, 2016
997
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$10,270,257 $10,270,257
$295,257 $233,000 $233,000
$62,257 $62,257 $12,390,860
$10,270,257 $10,270,257
$295,257 $233,000 $233,000
$62,257 $62,257 $12,390,860
$10,270,257 $10,270,257
$295,257 $233,000 $233,000
$62,257 $62,257 $12,390,860
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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$55,760,528 $0
$55,760,528 $10,839,823 $10,839,823
$1,136,970 $238,000 $238,000 $898,970 $898,970
$67,737,321
$55,760,528 $0
$55,760,528 $10,839,823 $10,839,823
$1,136,970 $238,000 $238,000 $898,970 $898,970
$67,737,321
$55,760,528 $0
$55,760,528 $10,839,823 $10,839,823
$1,136,970 $238,000 $238,000 $898,970 $898,970
$67,737,321
338.1 Transfer funds from the Planning ($750,000) and Data Collection, Compliance and Reporting ($1,000,000) programs to the Departmental Administration program to align budget to expenditures.
State Motor Fuel Funds
$1,750,000
$1,750,000
$1,750,000
338.2 Increase funds to recognize additional revenue from HB170 (2015 Session) for departmental administration.
State Motor Fuel Funds
$1,500,000
$1,500,000
$1,500,000
998
JOURNAL OF THE HOUSE
338.100-Departmental Administration
Appropriation (HB 750)
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
$59,010,528 $59,010,528 $59,010,528
State Motor Fuel Funds
$59,010,528 $59,010,528 $59,010,528
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
$1,136,970
$1,136,970
$1,136,970
Reserved Fund Balances
$238,000
$238,000
$238,000
Reserved Fund Balances Not Itemized
$238,000
$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
$70,987,321 $70,987,321 $70,987,321
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 Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$16,321,171 $16,321,171 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589 $100,589 $83,964,772
$16,321,171 $16,321,171 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589 $100,589 $83,964,772
$16,321,171 $16,321,171 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589 $100,589 $83,964,772
339.1 Increase funds for Airport Aid grants based on projected revenues resulting from HB170 (2015 Session).
State General Funds
$1,238,556
$1,238,556
$1,238,556
TUESDAY, FEBRUARY 16, 2016
999
339.100 -Intermodal
Appropriation (HB 750)
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
$17,559,727 $17,559,727 $17,559,727
State General Funds
$17,559,727 $17,559,727 $17,559,727
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
$85,203,328 $85,203,328 $85,203,328
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
$124,470,000 $0
$124,470,000 $124,470,000
$124,470,000 $0
$124,470,000 $124,470,000
$124,470,000 $0
$124,470,000 $124,470,000
340.1 Increase funds to recognize additional revenue from HB170 (2015 Session) for Local Maintenance and Improvement grants.
State Motor Fuel Funds
$36,121,530 $36,121,530 $36,121,530
340.100 -Local Maintenance and Improvement Grants
Appropriation (HB 750)
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
$160,591,530 $160,591,530 $160,591,530
State Motor Fuel Funds
$160,591,530 $160,591,530 $160,591,530
TOTAL PUBLIC FUNDS
$160,591,530 $160,591,530 $160,591,530
1000
JOURNAL OF THE HOUSE
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
341.100 -Local Road Assistance Administration
Appropriation (HB 750)
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
$2,270,378 $0
$2,270,378 $0
$2,270,378 $0
TUESDAY, FEBRUARY 16, 2016
1001
State Motor Fuel Funds TOTAL FEDERAL FUNDS
Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS
$2,270,378 $14,683,804 $14,683,804 $16,954,182
$2,270,378 $14,683,804 $14,683,804 $16,954,182
$2,270,378 $14,683,804 $14,683,804 $16,954,182
342.1 Transfer funds from the Planning program to the Departmental Administration program to align budget to expenditures.
State Motor Fuel Funds
($750,000)
($750,000)
($750,000)
342.100 -Planning
Appropriation (HB 750)
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
$1,520,378
$1,520,378
$1,520,378
State Motor Fuel Funds
$1,520,378
$1,520,378
$1,520,378
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
$16,204,182 $16,204,182 $16,204,182
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
$216,339,439 $0
$216,339,439 $25,086,452 $25,086,452
$5,078,904 $5,078,904
$216,339,439 $0
$216,339,439 $25,086,452 $25,086,452
$5,078,904 $5,078,904
$216,339,439 $0
$216,339,439 $25,086,452 $25,086,452
$5,078,904 $5,078,904
1002
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$5,078,904
$5,078,904
$5,078,904
$246,504,795 $246,504,795 $246,504,795
343.1 Increase funds to recognize additional revenue from HB170 (2015 Session) for routine maintenance.
State Motor Fuel Funds
$200,000,000 $200,000,000 $200,000,000
343.100 -Routine Maintenance
Appropriation (HB 750)
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
$416,339,439 $416,339,439 $416,339,439
State Motor Fuel Funds
$416,339,439 $416,339,439 $416,339,439
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
$446,504,795 $446,504,795 $446,504,795
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
$21,871,601 $0
$21,871,601 $46,110,542 $46,110,542 $25,534,484
$21,871,601 $0
$21,871,601 $46,110,542 $46,110,542 $25,534,484
$21,871,601 $0
$21,871,601 $46,110,542 $46,110,542 $25,534,484
TUESDAY, FEBRUARY 16, 2016
1003
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$25,534,484 $25,534,484 $93,516,627
$25,534,484 $25,534,484 $93,516,627
$25,534,484 $25,534,484 $93,516,627
344.100-Traffic Management and Control
Appropriation (HB 750)
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 and other finance instruments and for operations.
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS
$99,485,952 $7,639,539
$91,846,413 $150,524,072 $150,524,072 $250,010,024
$99,485,952 $7,639,539
$91,846,413 $150,524,072 $150,524,072 $250,010,024
$99,485,952 $7,639,539
$91,846,413 $150,524,072 $150,524,072 $250,010,024
345.1 Replace funds.
State General Funds State Motor Fuel Funds Total Public Funds:
$18,136,143 ($18,136,143)
$0
$18,136,143 ($18,136,143)
$0
$18,136,143 ($18,136,143)
$0
1004
JOURNAL OF THE HOUSE
345.100 -Payments to the State Road and Tollway Authority
Appropriation (HB 750)
The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations.
TOTAL STATE FUNDS
$99,485,952 $99,485,952 $99,485,952
State General Funds
$25,775,682 $25,775,682 $25,775,682
State Motor Fuel Funds
$73,710,270 $73,710,270 $73,710,270
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
$250,010,024 $250,010,024 $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, 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
$20,812,317 $20,812,317
$20,812,317 $20,812,317
$14,855,830 $14,855,830
$14,855,830 $14,855,830
$3,131,422
$3,131,422
$3,131,422
$3,131,422
$20,812,317 $20,812,317 $14,855,830 $14,855,830
$3,131,422 $3,131,422
TUESDAY, FEBRUARY 16, 2016
1005
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$3,131,422 $38,799,569
$3,131,422 $38,799,569
$3,131,422 $38,799,569
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
$20,838,820 $20,838,820 $14,855,830 $14,855,830
$3,131,422 $3,131,422 $3,131,422 $38,826,072
$20,838,820 $20,838,820 $14,855,830 $14,855,830
$3,131,422 $3,131,422 $3,131,422 $38,826,072
$20,881,158 $20,881,158 $14,855,830 $14,855,830
$3,131,422 $3,131,422 $3,131,422 $38,868,410
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
$1,801,404 $1,801,404 $1,801,404
$1,801,404 $1,801,404 $1,801,404
$1,801,404 $1,801,404 $1,801,404
346.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$1,503
$1,503
$1,503
346.2 Increase funds for the Vietnam War Certificate of Honor initiative.
State General Funds
$25,000
$25,000
$25,000
346.3 Transfer funds from the Georgia War Veterans Nursing Homes program to the Administration program to reflect projected expenditures.
State General Funds
$52,478
$0
1006
JOURNAL OF THE HOUSE
346.4 Transfer funds from the Georgia Veterans Memorial Cemetery program to the Administration program to reflect projected expenditures.
State General Funds
$75,000
$0
346.5 Increase funds for annual leave payout.
State General Funds
$42,338
346.100 -Administration
Appropriation (HB 750)
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
$1,827,907
$1,955,385
$1,870,245
State General Funds
$1,827,907
$1,955,385
$1,870,245
TOTAL PUBLIC FUNDS
$1,827,907
$1,955,385
$1,870,245
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
$661,086 $661,086 $178,004 $178,004 $839,090
$661,086 $661,086 $178,004 $178,004 $839,090
$661,086 $661,086 $178,004 $178,004 $839,090
347.1 Transfer funds from the Georgia Veterans Memorial Cemetery program to the Administration program to reflect projected expenditures.
State General Funds
($75,000)
$0
347.100-Georgia Veterans Memorial Cemetery
Appropriation (HB 750)
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
$661,086
$586,086
$661,086
State General Funds
$661,086
$586,086
$661,086
TUESDAY, FEBRUARY 16, 2016
1007
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$178,004 $178,004 $839,090
$178,004 $178,004 $764,090
$178,004 $178,004 $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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$11,951,352 $11,951,352 $13,300,386 $13,300,386
$2,381,422 $2,381,422 $2,381,422 $27,633,160
$11,951,352 $11,951,352 $13,300,386 $13,300,386
$2,381,422 $2,381,422 $2,381,422 $27,633,160
$11,951,352 $11,951,352 $13,300,386 $13,300,386
$2,381,422 $2,381,422 $2,381,422 $27,633,160
348.1 Transfer funds from the Georgia War Veterans Nursing Homes program to the Administration program to reflect projected expenditures.
State General Funds
($52,478)
$0
348.100-Georgia War Veterans Nursing Homes
Appropriation (HB 750)
The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.
TOTAL STATE FUNDS
$11,951,352 $11,898,874 $11,951,352
State General Funds
$11,951,352 $11,898,874 $11,951,352
TOTAL FEDERAL FUNDS
$13,300,386 $13,300,386 $13,300,386
Federal Funds Not Itemized
$13,300,386 $13,300,386 $13,300,386
TOTAL AGENCY FUNDS
$2,381,422
$2,381,422
$2,381,422
Sales and Services
$2,381,422
$2,381,422
$2,381,422
Sales and Services Not Itemized
$2,381,422
$2,381,422
$2,381,422
TOTAL PUBLIC FUNDS
$27,633,160 $27,580,682 $27,633,160
1008
JOURNAL OF THE HOUSE
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
$6,398,475 $6,398,475 $1,377,440 $1,377,440
$750,000 $750,000 $750,000 $8,525,915
$6,398,475 $6,398,475 $1,377,440 $1,377,440
$750,000 $750,000 $750,000 $8,525,915
$6,398,475 $6,398,475 $1,377,440 $1,377,440
$750,000 $750,000 $750,000 $8,525,915
349.100 -Veterans Benefits
Appropriation (HB 750)
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
$1,377,440
$1,377,440
$1,377,440
Federal Funds Not Itemized
$1,377,440
$1,377,440
$1,377,440
TOTAL AGENCY FUNDS
$750,000
$750,000
$750,000
Sales and Services
$750,000
$750,000
$750,000
Sales and Services Not Itemized
$750,000
$750,000
$750,000
TOTAL PUBLIC FUNDS
$8,525,915
$8,525,915
$8,525,915
Section 49: Workers' Compensation, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
Section Total - Continuation
$22,318,356 $22,318,356
$22,318,356 $22,318,356
$373,832
$373,832
$373,832
$373,832
$22,318,356 $22,318,356
$373,832 $373,832
TUESDAY, FEBRUARY 16, 2016
1009
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$373,832 $22,692,188
$373,832 $22,692,188
$373,832 $22,692,188
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$22,319,947 $22,319,947
$373,832 $373,832 $373,832 $22,693,779
$22,319,947 $22,319,947
$373,832 $373,832 $373,832 $22,693,779
$22,319,947 $22,319,947
$373,832 $373,832 $373,832 $22,693,779
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
$12,442,450 $12,442,450
$308,353 $308,353 $308,353 $12,750,803
$12,442,450 $12,442,450
$308,353 $308,353 $308,353 $12,750,803
$12,442,450 $12,442,450
$308,353 $308,353 $308,353 $12,750,803
350.100-Administer the Workers' Compensation Laws
Appropriation (HB 750)
The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation
law.
TOTAL STATE FUNDS
$12,442,450 $12,442,450 $12,442,450
State General Funds
$12,442,450 $12,442,450 $12,442,450
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
$12,750,803 $12,750,803 $12,750,803
1010
JOURNAL OF THE HOUSE
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
$9,875,906 $9,875,906
$65,479 $65,479 $65,479 $9,941,385
$9,875,906 $9,875,906
$65,479 $65,479 $65,479 $9,941,385
$9,875,906 $9,875,906
$65,479 $65,479 $65,479 $9,941,385
351.1 Increase funds for Teamworks to comply with the new IRS reporting requirements on insurers and employers required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
$1,591
$1,591
$1,591
351.100 -Board Administration
Appropriation (HB 750)
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
$9,877,497
$9,877,497
$9,877,497
State General Funds
$9,877,497
$9,877,497
$9,877,497
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
$9,942,976
$9,942,976
$9,942,976
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
$1,214,707,801 $1,214,707,801 $1,214,707,801 $1,077,930,524 $1,077,930,524 $1,077,930,524
$136,777,277 $136,777,277 $136,777,277 $20,010,634 $20,010,634 $20,010,634 $20,010,634 $20,010,634 $20,010,634 $1,234,718,435 $1,234,718,435 $1,234,718,435
TUESDAY, FEBRUARY 16, 2016
1011
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
General Obligation Debt Sinking Fund - Issued
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
352.1 Replace funds for debt service on road and bridge projects. State General Funds State Motor Fuel Funds Total Public Funds: 352.2 Increase funds for debt service. State General Funds
352.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS
State General Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
Section Total - Final
$1,214,736,875 $1,214,736,875
$20,010,634 $20,010,634 $1,234,747,509
$1,214,707,801 $1,214,707,801
$20,010,634 $20,010,634 $1,234,718,435
$1,214,707,801 $1,214,707,801
$20,010,634 $20,010,634 $1,234,718,435
Continuation Budget
$1,096,780,192 $960,002,915 $136,777,277 $20,010,634 $20,010,634
$1,116,790,826
$1,096,780,192 $960,002,915 $136,777,277 $20,010,634 $20,010,634
$1,116,790,826
$1,096,780,192 $960,002,915 $136,777,277 $20,010,634 $20,010,634
$1,116,790,826
$136,777,277 $136,777,277 $136,777,277
($136,777,277) ($136,777,277) ($136,777,277)
$0
$0
$0
$29,074
$0
$0
Appropriation (HB 750)
$1,096,809,266 $1,096,780,192 $1,096,780,192 $1,096,809,266 $1,096,780,192 $1,096,780,192
$20,010,634 $20,010,634 $20,010,634 $20,010,634 $20,010,634 $20,010,634 $1,116,819,900 $1,116,790,826 $1,116,790,826
1012
JOURNAL OF THE HOUSE
General Obligation Debt Sinking Fund - New
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$117,927,609 $117,927,609 $117,927,609
$117,927,609 $117,927,609 $117,927,609
$117,927,609 $117,927,609 $117,927,609
353.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$117,927,609 $117,927,609 $117,927,609
Appropriation (HB 750)
$117,927,609 $117,927,609 $117,927,609 $117,927,609 $117,927,609 $117,927,609
[BOND 355.101] 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 355.102] 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 355.103] 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 355.104] 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 355.105] 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 355.106] 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
TUESDAY, FEBRUARY 16, 2016
1013
improvement of land, waters, 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 355.107] 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. [BOND 355.108] 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 355.201] 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 355.202] 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 355.203] 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 355.204] 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,
1014
JOURNAL OF THE HOUSE
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. [BOND 355.205] 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 355.206] 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 355.207] 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 355.208] 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 355.209] 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. [BOND 355.210] 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,
TUESDAY, FEBRUARY 16, 2016
1015
extension, enlargement, or improvement of land, waters, 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 355.211] 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 355.212] 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 355.213] 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. [BOND 355.214] 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. [BOND 355.215] 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 355.216] 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
1016
JOURNAL OF THE HOUSE
principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [BOND 355.217] From State General Funds, $2,501,434 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [BOND 355.218] 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 355.219] 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. [BOND 355.220] 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. [BOND 355.221] 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. [BOND 355.222] 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, development, extension, enlargement, or improvement of land, waters, 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.
TUESDAY, FEBRUARY 16, 2016
1017
[BOND 355.223] 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. [BOND 355.224] 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. [BOND 355.225] 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 355.226] 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. [BOND 355.227] 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 355.228] 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,
1018
JOURNAL OF THE HOUSE
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 355.229] 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 355.230] 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 355.231] 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 355.232] 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 355.234] From State General Funds, $436,189 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 $1,885,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [BOND 355.235] 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
TUESDAY, FEBRUARY 16, 2016
1019
principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [BOND 355.236] 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 355.237] 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 355.238] 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. [BOND 355.239] 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 of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [BOND 355.241] 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 355.242] 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.
1020
JOURNAL OF THE HOUSE
[BOND 355.243] 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 355.244] 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 355.245] From State General Funds, $342,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [BOND 355.251] 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 355.252] 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 355.253] 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. [BOND 355.254] 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
TUESDAY, FEBRUARY 16, 2016
1021
General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [BOND 355.255] 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 355.256] 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 355.257] 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 355.258] 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. [BOND 355.259] 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. [BOND 355.260] 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 355.261] 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,
1022
JOURNAL OF THE HOUSE
enlargement, or improvement of land, waters, 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 355.262] 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. [BOND 355.264] From State General Funds, $189,748 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 $820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [BOND 355.265] 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. [BOND 355.266] 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 355.267] From State General Funds, $1,602,620 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 $17,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [BOND 355.301] 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
TUESDAY, FEBRUARY 16, 2016
1023
hundred and forty months. [BOND 355.302] 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 355.303] 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 355.321] 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. [BOND 355.331] 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 355.341] 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 355.342] 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.
1024
JOURNAL OF THE HOUSE
[BOND 355.343] 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 355.361] 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 355.362] From State General Funds, $347,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [BOND 355.363] 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 355.364] 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 355.365] 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 355.366] 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,
TUESDAY, FEBRUARY 16, 2016
1025
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 355.371] 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 355.372] 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. [BOND 355.373] 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 355.381] 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 355.382] 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 355.391] 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.
1026
JOURNAL OF THE HOUSE
[BOND 355.392] 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. [BOND 355.393] 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 355.394] 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 355.395] 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 355.396] 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 355.401] 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 355.402] 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
TUESDAY, FEBRUARY 16, 2016
1027
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. [BOND 355.403] 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 355.404] 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 355.406] 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 355.411] 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 355.421] 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 355.422] 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.
1028
JOURNAL OF THE HOUSE
[BOND 355.423] 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 355.424] 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 355.425] 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 355.426] 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 355.427] 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 355.428] 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 355.429] 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,
TUESDAY, FEBRUARY 16, 2016
1029
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 355.451] 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 355.461] 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 355.471] From State General Funds, $694,200 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [BOND 355.492] 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. [BOND 355.493] 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 355.501] From State General Funds, $2,314,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [BOND 355.511] From State General Funds, $40,660 is specifically appropriated for the purpose of financing projects and
1030
JOURNAL OF THE HOUSE
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 355.512] 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 355.551] From State General Funds, $256,800 is specifically appropriated for the purpose of financing projects and facilities for the State Soil and Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 355.561] 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 355.562] 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. [BOND 355.602] 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 355.611] 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
TUESDAY, FEBRUARY 16, 2016
1031
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 355.612] From State General Funds, $2,088,400 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 $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [BOND 355.621] 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 355.622] 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 355.623] 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. [BOND 355.631] 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 355.632] From State General Funds, $1,809,644 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 $19,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
1032
JOURNAL OF THE HOUSE
[BOND 355.633] From State General Funds, $519,376 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 $5,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [BOND 355.634] 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 355.635] 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 355.641] 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 355.661] 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 355.662] From State General Funds, $208,840 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [BOND 355.663] 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
TUESDAY, FEBRUARY 16, 2016
1033
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 355.664] From State General Funds, $408,600 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 $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 355.665] From State General Funds, $9,960,000 is specifically appropriated for the purpose of financing projects and facilities for the State Road and Tollway 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 $75,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
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), 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.
and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 134, Act No. 2, 2011 Regular Session, H.B. 77), and as carried forward 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
1034
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.
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, extension, enlargement, or improvement of land, waters, 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), 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.
and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 142, Act No. 2, 2011 Regular Session, H.B. 77), and as carried forward 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.
TUESDAY, FEBRUARY 16, 2016
1035
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), 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 improvement of land, waters, 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.
and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 142, Act No. 2, 2011 Regular Session, H.B. 77), and as carried forward 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), amended by Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2013, Volume One Appendix, commencing at p. 1 of 131, 130, Act No. 11, 2013 Regular Session, H.B. 105), and as amended reads as follows:
[Bond # 42] From State General Funds, $60,060 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
1036
JOURNAL OF THE HOUSE
is hereby repealed in its entirety.
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 funds 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.
TUESDAY, FEBRUARY 16, 2016
1037
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 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
1038
JOURNAL OF THE HOUSE
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."
Part II: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
TUESDAY, FEBRUARY 16, 2016
1039
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 750 by: (1) Adding the columns headed "Senate" and "Senate Substitute As Amended By The House," including all amounts listed under such headings, as shown below on this page of "HB 750 Senate Substitute As Amended By the House"; and (2) Inserting the numbered sections and amounts appropriated therefor as contained in the attached document "HB 750 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 750 SENATE SUBSTITUTE AS AMENDED BY THE HOUSE AMENDED FISCAL YEAR 2016 GENERAL 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 Workers' Compensation
GOVERNOR'S RECOMMENDATION $ 19,782,104,960
1,605,915,300 1,008,098,562
138,630,751 1,458,567
167,969,114 272,255,461
9,888,188 4,152,893
HOUSE $ 19,782,104,960
1,605,915,300 1,008,098,562
138,630,751 1,458,567
167,969,114 272,255,461
9,888,188 4,152,893
SENATE $ 19,782,104,960
1,605,915,300 1,008,098,562
138,630,751 1,458,567
167,969,114 272,255,461
9,888,188 4,152,893
SENATE SUBSTITUTE AS AMENDED BY THE HOUSE
$ 19,857,104,960 1,605,915,300 1,008,098,562 138,630,751 1,458,567 167,969,114 272,255,461 9,888,188 4,152,893
$ 22,990,473,796
$ 22,990,473,796 $ 22,990,473,796 $ 23,065,473,796
1040
JOURNAL OF THE HOUSE
HB 750 Senate Substitute as Amended by the House
Gov's Recommendation State Funds Total Funds
House Version State Funds Total Funds
Senate Version State Funds Total Funds
House Amendment State Funds Total Funds
Section 5: Appeals, Court of 14.100 Court of Appeals
14.2
Increase funds to restore two central staff attorney
78,148
78,148
0
0
78,148
78,148
39,074
39,074
positions.(H:No)(CC:Increase funds for one central staff attorney
position.)
Section 6: Judicial Council 18.100 Judicial Council
18.4
Reduce personal services to meet projected expenditures.[AOC]
(S:No)(CC:Utilize existing funds for personal services.)
Section 9: Superior Courts 27.100 Judicial Administrative Districts
27.1
Increase funds to adjust for rising costs and to support new judgeships
and accountability courts.
28.100 28.1
Superior Court Judges
Increase funds to provide a supplement to Superior Court judges in seven circuits with newly established accountability courts.(H:Increase funds to provide an accountability court supplement for district attorneys for six newly established accountability courts in the following circuits per HB 279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.)(S:Increase funds to provide an accountability court supplement for Superior Court judges for seven newly established accountability courts in the following circuits per HB279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, Toombs, and South Georgia.)(CC:Increase funds to provide an accountability court supplement for Superior Court judges for six newly established and Council of Accountability Court Judges certified accountability courts in the following circuits per HB279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.)
-
56,536 88,518
-
(113,642)
(113,642)
56,536 88,518
14,134 79,200
14,134 79,200
0
0
(113,642)
(113,642)
6,000
6,000
88,518
88,518
6,000 79,200
6,000 79,200
TUESDAY, FEBRUARY 16, 2016
1041
Section 10: Supreme Court 29.100 Supreme Court of Georgia
29.3
Increase funds for per diem rate and commute mileage for justices.
[Administration] (H:No)(CC:No)
Section 12: Administrative Services, Department of 42.100 Payments to Georgia Aviation Authority
42.1
Increase funds based on projected expenditures.
Section 16: Community Affairs, Department of 83.100 Payments to Georgia Regional Transportation Authority
83.2
Reduce funds to recognize fuel savings.
Section 17: Community Health, Department of 89.100 Healthcare Facility Regulation
89.1
Reduce funds to meet projected expenditures.[Direction and Program
Support]
91.100 91.1
Medicaid: Aged, Blind and Disabled
Increase funds to reflect the projected increase in the Medicare Part D Clawback payment.
95.100 95.1
Georgia Board for Physician Workforce: Board Administration
Transfer funds from the Graduate Medical Education program to reflect projected expenditures.
95.2
Transfer funds from the Georgia Board for Physician Workforce:
Graduate Medical Education program to the Georgia Board for
Physician Workforce: Board Administration program for two
additional staff positions, including a statistical analyst and an
operations analyst. (CC:No)
96.100
96.1 96.2
96.3
Georgia Board for Physician Workforce: Graduate Medical Education
Reduce funds for contract savings.
Transfer funds to the Board Administration program to reflect projected expenditures.
Transfer funds from the Georgia Board for Physician Workforce: Graduate Medical Education program to the Georgia Board for Physician Workforce: Board Administration program for two additional staff positions, including a statistical analyst and an operations analyst. (CC:No)
10,150
10,150
0
0
10,150
10,150
0
0
100,000
100,000
-
-
-
-
(200,000)
(200,000)
(200,000)
(200,000)
-
-
-
-
(119,000)
(119,000)
(119,000)
(119,000)
4,157,276
4,157,276
4,157,276
4,157,276
4,044,497
4,044,497
4,044,497
4,044,497
-
-
30,000
30,000
35,000
35,000
35,000
35,000
-
-
-
-
69,162
69,162
0
0
-
-
(88,779)
(88,779)
(14,617)
(14,617)
(88,779)
(88,779)
-
-
(30,000)
(30,000)
(35,000)
(35,000)
(35,000)
(35,000)
-
-
-
-
(69,162)
(69,162)
0
0
1042
JOURNAL OF THE HOUSE
97.100 97.2 98.100 98.1
Georgia Board for Physician Workforce: Mercer School of Medicine Grant
Provide funds for a one-time enhancement to the Mercer School of Medicine.
Georgia Board for Physician Workforce: Morehouse School of Medicine Grant
Provide funds for a one-time enhancement to the Morehouse School of Medicine.
Section 23: Economic Development, Department of 136.100 Tourism
136.1
Increase funds and utilize existing funds ($100,000) for music promotion.[Tourism, Marketing and Promotion] (CC:Increase funds.)
-
-
-
-
-
-
-
-
-
-
-
-
35,000,000
35,000,000
-
-
-
35,000,000
35,000,000
-
200,000
200,000
200,000
200,000
Section 27: Governor, Office of the 173.100 Children and Families, Governor's Office for
173.1 Reduce funds.
Section 28: Human Services, Department of 184.100 Child Welfare Services
184.4
Provide funds to relocate high-priority Division of Family and Children Services' (DFCS) county offices. (S:No)(CC:Yes)
191.100 191.1
Federal Eligibility Benefit Services
Provide funds to relocate high-priority Division of Family and Children Services' (DFCS) county offices. [Eligibility Determination ]
-
-
-
-
(200,000)
(200,000)
(550,000)
(550,000)
-
-
1,409,407
1,409,407
0
0
704,704
704,704
-
-
-
-
-
-
704,703
704,703
Section 31: Juvenile Justice, Department of 219.100 Secure Commitment (YDCs)
219.5
Redirect $500,000 from the Milan Youth Detention Center (YDC) to the Augusta, Eastman, and Sumter YDCs to support recruitment and retention and provide increased security. [YDC Services] (G:Yes)(H:Reduce funds from the Milan Youth Detention Center (YDC).)(S:Yes)(CC:Reduce funds.)
0
0
(500,000)
(500,000)
0
0
(500,000)
(500,000)
TUESDAY, FEBRUARY 16, 2016
1043
219.6
Redirect $1,257,765 from the Milan Youth Detention Center (YDC) to support facility sustainment costs. [YDC Services] (G:Yes)(H:No; Reduce funds from the Milan Youth Detention Center (YDC) and reflect in HB 751.)(S:Reduce funds and utilize existing funds to redirect $1,057,765 from the Milan Youth Detention Center (YDC) to support facility sustainment costs.)(CC:Reduce funds.)
0
0
(1,257,765)
(1,257,765)
(200,000)
(200,000)
(1,257,765)
(1,257,765)
Section 35: Pardons and Paroles, State Board of 237.100 Board Administration 237.2 Reduce funds to reflect projected expenditures. 239.100 Parole Supervision 239.1 Reduce funds to reflect projected expenditures.[Field Services] 239.2 Reduce funds for interagency transfers.[Field Services]
Section 37: Public Defender Council, Georgia 242.100 Public Defender Council
242.99
[S] Reflect a change in the program purpose statement.[Conflict Office] (S:Yes)(CC:Yes)
243.100 243.99
Public Defenders
Reflect a change in the program purpose statement.[Conflict Offices] (S:Yes)(CC:Yes)
Section 39: Public Safety, Department of 263.100 Firefighter Standards and Training Council
263.1 Reduce funds to meet projected expenditures.
Section 41: Regents, University System of Georgia 283.100 Public Service/Special Funding Initiatives
283.1
Provide funds for a one-time enhancement for an economic development project at Augusta University.
286.100 286.1
Teaching
Provide funds for operating expenses for the Cordele Center at Darton State College.[Resident Instruction] (H:Yes; Utilize existing funds for operating expenses for the Cordele Center at Darton State College.)(CC:Yes; Utilize existing funds for operating expenses for the Cordele Center at Darton State College. )
-
-
-
-
(50,000)
(50,000)
(50,000)
(50,000)
-
-
(93,179)
(93,179)
(393,179)
(393,179)
(93,179)
(93,179)
-
-
-
-
-
-
(100,000)
(100,000)
-
-
-
-
0
0
0
0
-
-
-
-
0
0
0
0
-
-
-
-
(100,000)
(100,000)
(100,000)
(100,000)
-
-
-
-
-
-
5,000,000
5,000,000
413,797
413,797
0
0
413,797
413,797
0
0
1044
JOURNAL OF THE HOUSE
Section 48: Veterans Service, Department of 346.100 Administration
346.3
Transfer funds from the Georgia War Veterans Nursing Home program to reflect projected expenditures.(S:No)(CC:No)
346.4
Transfer funds from the Georgia Veterans Memorial Cemetery program to reflect projected expenditures. (S:No)(CC:No)
346.5
Increase funds for annual leave payout. (CC:Increase funds for personal services actual expenditures.)
347.100 347.1
Georgia Veterans Memorial Cemetery
Transfer funds to the Administration program to reflect projected expenditures. [Milledgeville] (S:No)(CC:No)
348.100 348.1
Georgia War Veterans Nursing Homes
Transfer funds to the Administration program to reflect projected expenditures. [Augusta Nursing Home] (S:No)(CC:No)
Section 50: General Obligation Debt Sinking Fund 352.100 GO Bonds Issued
352.2 Increase funds for debt service.(H & S:No)(CC:Yes)
-
29,074
-
52,478
52,478
-
75,000
75,000
-
-
-
-
(75,000)
(75,000)
-
(52,478)
(52,478)
29,074
0
0
0 0 42,338
0 0 42,338
0 0 127,478
0 0 127,478
0
0
0
0
0
0
0
0
0
0
773,361
773,361
TUESDAY, FEBRUARY 16, 2016
1045
Representative England of the 116th moved that the House agree to the Senate substitute, as amended by the House, to HB 750.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice 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 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 169, nays 0.
The motion prevailed.
House of Representatives Coverdell Office Building, Room 509-A
Atlanta, Georgia 30334
2-16-16
1046
JOURNAL OF THE HOUSE
On House Bill 750 I would have voted yea! Please record me!
Thanks,
SBT #65
Representative England of the 116th asked unanimous consent that HB 750 be immediately transmitted to the Senate.
It was so ordered.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
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.
The report of the Committee, which was favorable to the 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway 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 Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick
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
TUESDAY, FEBRUARY 16, 2016
1047
Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves E Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Trammell Y Turner
VACANT 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 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.
The report of the Committee, which was favorable to the 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake
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
1048
JOURNAL OF THE HOUSE
Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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
Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves E Rhodes Y Rice N Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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
VACANT 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 2.
The Bill, having received the requisite constitutional majority, was passed.
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 following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
TUESDAY, FEBRUARY 16, 2016
1049
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 or pseudoephedrine; to provide for definitions; to revise provisions relating to 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 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by revising Code Section 16-13-30.3, relating to possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine and restrictions on sales of products containing pseudoephedrine, as follows:
"16-13-30.3. (a) As used in this Code section, the term:
(1) 'Ephedrine,' or 'pseudoephedrine,' or 'phenylpropanolamine' means any drug product containing ephedrine, or pseudoephedrine, or phenylpropanolamine, or any of their salts, isomers, or salts of isomers, alone or in a mixture. (2) 'Personal use' means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine in quantities at or below that specified in subsection (b) of this Code section, and includes the sale of those products to employers to be dispensed to employees from first-aid kits or medicine chests. (3) 'Retail distributor' means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which involve the distribution of ephedrine, pseudoephedrine, or phenylpropanolamine products. (2) 'Georgia Meth Watch' means the program entitled Georgia Meth Watch or a similar program which has been promulgated, approved, and distributed by the Georgia Council on Substance Abuse. (3) 'Pharmacy' has the same meaning as in Code Section 26-4-5. (4) 'Real-time electronic logging system' means an electronic system approved by the Georgia Bureau of Investigation which is operated in real time and which can track required information and generate a stop sale alert to notify a pharmacy that a purchase of ephedrine or pseudoephedrine which exceeds the quantity limits set forth in this Code section is being attempted. Such system shall:
(A) Contain an override function that will not only allow a pharmacy to complete a sale in violation of this Code section when the person making the sale is in reasonable fear of imminent bodily harm if he or she does not complete the sale but also will track any override sales made;
1050
JOURNAL OF THE HOUSE
(B) Be accessible to the state, pharmacies, and law enforcement agencies, without a charge or fee, including a transaction fee; and (C) Have real-time interstate communicability with similar systems in other states. (5) 'Required information' means the full name and address of the purchaser; the type of government issued photographic identification presented, including the issuer and identification number; a description of the nonprescription product purchased which contains ephedrine or pseudoephedrine, including the number of grams of pseudoephedrine in the product; and the date and time of the purchase. (b)(1) It is shall be unlawful for any person, other than a person or entity described in paragraph (22), (28), (29), (30), or (33), or (41) of Code Section 26-4-5 or a retail distributor, to knowingly possess any product that contains ephedrine, or pseudoephedrine, or phenylpropanolamine in an amount which exceeds 300 pills, tablets, gelcaps, capsules, or other individual units or more than 9 grams of ephedrine, or pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller. (2) It shall be unlawful for any person to possess any amount of a substance set forth in this Code section product containing ephedrine or pseudoephedrine with the intent to manufacture amphetamine or methamphetamine. (3) Any person who violates the provisions of this Code section subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (b.1)(c)(1) Products whose sole active ingredient is pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent. Nonprescription products whose sole active ingredient is ephedrine or pseudoephedrine shall only be sold in a pharmacy in a manner which complies with State Board of Pharmacy rules established pursuant to Code Section 16-13-29.2. (2) No person shall deliver in any single over the counter sale more than three packages of any product containing pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of pseudoephedrine or its base, salts, optical isomers, or salts of its optical isomers distribute or purchase any nonprescription product containing more than 3.6 grams of ephedrine or pseudoephedrine per day in dosage form or more than 9 grams of ephedrine or pseudoephedrine per 30 day period in dosage form of any product. The limits set forth in this paragraph shall apply to the total amount of ephedrine or pseudoephedrine contained in the product and not the overall weight of such product. (3) The pharmacy shall maintain a record of required information for each sale of a nonprescription product which contains ephedrine or pseudoephedrine for a period of two years from the date of each transaction. Except as to law enforcement agencies in this state which shall be provided immediate access by a pharmacy to all written and electronic logs or records upon request, the records maintained by a pharmacy
TUESDAY, FEBRUARY 16, 2016
1051
pursuant to this Code section shall not be disclosed. Pharmacies may destroy the required information collected pursuant to this subsection after two years from the date of the transaction.
(4)(A) On and after January 1, 2017, pharmacies shall, before completing a sale of a nonprescription product which contains ephedrine or pseudoephedrine, electronically track all such sales and submit the required information to a real-time electronic logging system. A pharmacy shall not complete the sale of a nonprescription product which contains ephedrine or pseudoephedrine if the realtime electronic logging system generates a stop sale alert except as provided in subparagraph (a)(4)(A) of this Code section. (B) If a pharmacy selling a nonprescription product which contains ephedrine or pseudoephedrine experiences mechanical or electronic failure of the real-time electronic logging system and is unable to comply with the requirements of this paragraph, the pharmacy shall maintain a written log or an alternative electronic recording mechanism until such time as the pharmacy is able to comply with the electronic logging requirement. (C) Absent negligence, wantonness, recklessness, or deliberate misconduct, any pharmacy utilizing the real-time electronic logging system in accordance with this paragraph shall not be civilly liable as a result of any act or omission in carrying out the duties required by this paragraph and shall be immune from liability to any third party unless the pharmacy has violated any provision of this paragraph in relation to a claim brought for such violation. (D) The Georgia Bureau of Investigation shall provide real-time access to records on such logging system through an online portal to law enforcement agencies in this state. (3)(5) It shall be unlawful for a retail distributor pharmacy to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor licensed by the State Board of Pharmacy. (4) This subsection shall not apply to: (A) Pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under 12 years of age according to label instructions; and (B) Products that the State Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors. (5)(6) This subsection shall preempt all local ordinances or regulations governing the retail sale of over the counter products containing ephedrine or pseudoephedrine by a retail business except such local ordinances or regulations that existed on or before December 31, 2004. Effective January 1, 2006, this subsection shall preempt all local ordinances.
1052
JOURNAL OF THE HOUSE
(6)(A) Except as otherwise provided herein, it shall be unlawful for any person knowingly to violate any prohibition contained in paragraph (1), (2), or (3) of this subsection. (B)(7)(A) Any person convicted of a violation of paragraph (1), or (2), (3), or (4) of this subsection shall be guilty of a misdemeanor which, upon the first conviction, shall be punished by a fine of not more than $500.00 and, upon the second or subsequent conviction, shall be punished by not more than six months' imprisonment or a fine of not more than $1,000.00, or both. (C)(B) Any person convicted of a violation of paragraph (3) (5) of this subsection shall, upon the first conviction, be guilty of a misdemeanor and, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature. (D)(C) It shall be a defense to a prosecution pursuant to this paragraph by law enforcement of a retail business or owner or operator thereof pharmacy for violation of paragraph (1), or (2), (3), (4), or (5) of this subsection that, at the time of the alleged violation, all of the employees of the retail business pharmacy had completed training complying with standards established under Georgia Meth Watch, as such standards existed on June 30, 2016, and the retail business pharmacy was in compliance with procedures established by Georgia Meth Watch, and the defendant did not knowingly, willfully, or intentionally violate paragraph (1) or (2) of this subsection. For purposes of this subsection only, the term 'Georgia Meth Watch' shall mean that program entitled 'Georgia Meth Watch' or similar program which has been promulgated, approved, and distributed by the Georgia Council on Substance Abuse as such standards existed on June 30, 2016; provided, however, that this subparagraph shall not apply to the State Board of Pharmacy or prevent it from taking disciplinary action for a violation of this subsection. (7) Except as otherwise provided in this subsection, the State Board of Pharmacy may adopt reasonable rules and regulations to effectuate the provisions of this subsection. The board is further authorized to charge reasonable fees to defray expenses incurred in maintaining any records or forms necessitated by this subsection or otherwise administering any other provisions of this subsection. (c)(d) This Code section shall not apply to: (1) Pediatric products primarily intended for administration to children under 12 years of age, according to label instructions, either: (A) In solid dosage form whose recommended dosage, according to label instructions, does not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per individual dosage unit; or (B) In liquid form whose recommended dosage, according to label instructions, does not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product; (2) Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce; or
TUESDAY, FEBRUARY 16, 2016
1053
(3) Products products that the State Board of Pharmacy, upon application of a manufacturer, exempts by rule from this Code section because the product has been formulated in such a way as to prevent effectively the conversion of the active ingredient into methamphetamine or its salts or precursors. (d)(e) Except as authorized by this article, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute any substance product containing any amounts of ephedrine, or pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, or crushed. This subsection shall not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell
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 N Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
Y Harrell E Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle
Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger N Rakestraw
Ramsey Y Randall Y Reeves E Rhodes
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
Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner
VACANT Y Waites Y Watson Y Welch
1054
JOURNAL OF THE HOUSE
Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Harden
Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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 151, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 884. By Representatives Taylor of the 173rd, Atwood of the 179th, Smith of the 134th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels, so as to revise the definition of company action level event to include a health organization with certain total adjusted capital levels; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway 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 Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick
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
Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E
TUESDAY, FEBRUARY 16, 2016
1055
Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves E Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Trammell Y Turner
VACANT 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.
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.
The following Committee substitute was read and adopted:
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 terminal 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
1056
JOURNAL OF THE HOUSE
sanctions against a physician's license; to prohibit blocking access; to provide for statutory construction; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, so as to repeal a provision regarding access to medical treatment and experimental and nonconventional medical treatments; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new chapter to read as follows:
"CHAPTER 52
31-52-1. This chapter shall be known and may be cited as the 'Georgia Right to Try Act.'
31-52-2. (a) The General Assembly finds and declares that:
(1) The process of approval for investigational drugs, biological products, and devices in the United States protects future patients from premature, ineffective, and unsafe medications and treatments over the long run, but the process often takes many years; (2) Patients who have terminal illnesses do not have the luxury of waiting until an investigational drug, biological product, or device receives final approval from the federal Food and Drug Administration; (3) Patients who have terminal illnesses have a fundamental right to pursue the preservation of their own lives by accessing available investigational drugs, biological products, and devices; (4) The use of available investigational drugs, biological products, and devices is a decision that should be made by a patient with a terminal illness in consultation with the patient's health care provider; and (5) The decision to use an investigational drug, biological product, or device should be made with full awareness by the patient and the patient's family of the potential risks, benefits, and consequences. (b) It is the intent of the General Assembly to allow for patients with terminal illnesses to use potentially life-saving investigational drugs, biological products, and devices.
31-52-3. As used in this chapter, the term:
(1) 'Eligible patient' means a person who meets the requirements of Code Section 3152-4.
TUESDAY, FEBRUARY 16, 2016
1057
(2) 'Investigational drug, biological product, or device' means a drug, biological product, or device which has successfully completed Phase I of a federal Food and Drug Administration approved clinical trial but has not yet been approved for general use by the federal Food and Drug Administration and currently remains under investigation in a federal Food and Drug Administration approved clinical trial. (3) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43. (4) 'Terminal illness' means a disease that, without life-sustaining procedures, will result in death in the near future and is not considered by a treating physician to be reversible even with administration of current federal Food and Drug Administration approved and available treatments. (5) 'Written informed consent' means a written document that:
(A) Is signed by the patient; parent, if the patient is a minor; legal guardian; or health care agent designated by the patient in an advance directive for health care executed pursuant to Chapter 32 of Title 31; (B) Is attested to by the patient's physician and a witness; and (C) Meets the requirements of Code Section 31-52-5.
31-52-4. In order for a person to be considered an eligible patient to access an investigational drug, biological product, or device pursuant to this chapter, a physician must document in writing that the person:
(1) Has a terminal illness; (2) Has, in consultation with the physician, considered all other treatment options currently approved by the federal Food and Drug Administration; (3) Has been given a recommendation by the physician for an investigational drug, biological product, or device; and (4) Has given written informed consent for the use of the investigational drug, biological product, or device.
31-52-5. Written informed consent shall, at a minimum, include the following:
(1) A description of the currently approved products and treatments for the terminal illness from which the patient suffers; (2) An attestation that the patient concurs with his or her physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient's life; and the known risks of the investigational drug, biological product, or device are not greater than the probable outcome of the patient's terminal illness; (3) Clear identification of the specific proposed investigational drug, biological product, or device that the patient is seeking to use; (4) A description of the potential best and worst outcomes of using the investigational drug, biological product, or device and a realistic description of the most likely
1058
JOURNAL OF THE HOUSE
outcome. The description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the physician's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition; (5) A statement that the patient understands that his or her health benefit plan is not obligated to pay for the investigational drug, biological product, or device, or any care or treatment consequent to the use of such drug, product, or device, unless such health benefit plan is specifically required to do so by law or contract; (6) A statement that the patient understands that his or her eligibility for hospice care may be withdrawn if he or she begins treatment with the investigational drug, biological product, or device but that such hospice care may be reinstated if such treatment ends and he or she meets hospice eligibility requirements; and (7) A statement that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device and that such liability extends to the patient's estate, unless a contract between the patient and the manufacturer of the investigational drug, biological product, or device states otherwise.
31-52-6. (a) A manufacturer of an investigational drug, biological product, or device may make available and an eligible patient may request access to the manufacturer's investigational drug, biological product, or device pursuant to this chapter; provided, however, that nothing in this chapter shall be construed to require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. (b) A manufacturer may provide an investigational drug, biological product, or device to an eligible patient:
(1) Without receiving compensation; or (2) With the requirement that the eligible patient pays the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.
31-52-7. A health benefit plan or governmental agency may provide coverage for the cost of any investigational drug, biological product, or device pursuant to this chapter; provided, however, that nothing in this chapter shall be construed to require a health benefit plan or governmental agency to provide coverage for the cost of any investigational drug, biological product, or device pursuant to this chapter.
31-52-8. The Georgia Composite Medical Board shall not revoke, suspend, sanction, fail to renew, or take any other action against a physician's license solely based on such
TUESDAY, FEBRUARY 16, 2016
1059
physician's recommendation, prescription, or treatment of an eligible patient with an investigational drug, biological product, or device pursuant to this chapter.
31-52-9. No official, employee, or agent of the state shall block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation for treatment consistent with medical standards of care shall not be construed as a violation of this Code section.
31-52-10. (a) This chapter shall not be construed to create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using an investigational drug, biological product, or device for any harm done to the eligible patient resulting from the investigational drug, biological product, or device if the manufacturer or other person or entity is complying in good faith with the terms of this chapter and has exercised reasonable care. (a.1) This chapter shall not be construed to create a private cause of action against a physician who refuses to recommend an investigational drug, biological product, or device for any otherwise eligible patient. (b) Any person or entity providing treatment to an eligible patient using an investigational drug, biological product, or device shall not be liable for injury or death to such eligible patient as a result of the investigational drug, biological product, or device under Code Section 51-1-27 or 51-4-1, et seq., unless it is shown that the person or entity failed to obtain written informed consent in compliance with Code Section 3152-5. (c) This chapter shall not be construed to affect any required health care coverage under Title 33 for patients in clinical trials."
SECTION 2. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, is amended by repealing and reserving Code Section 43-34-38, relating to access to medical treatment and experimental and nonconventional medical treatments.
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:
1060
JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell E Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves E Rhodes Y Rice 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 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.
Representative Coomer of the 14th moved that the following Bill of the House be withdrawn from the Committee on Public Safety & Homeland Security and recommitted to the Committee on Transportation:
HB 973. By Representatives Coomer of the 14th, Rice of the 95th, Powell of the 32nd, Kaiser of the 59th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the O.C.G.A., relating to identification and regulation of motor vehicles, so as to provide
TUESDAY, FEBRUARY 16, 2016
1061
for the regulation by the Department of Public Safety of towing service providers operating on interstate highways subject to appropriation by the General Assembly; to provide for definitions; to require annual permits for the operation of towing service providers; to provide for power of the department to establish procedures for the issuance of such permits; to provide for a maximum fee to be charged for such permits; to provide for authority to promulgate rules and regulations; to provide for a right to a hearing upon denial of such permit; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Burns of the 159th 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.
1062
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Wednesday, February 17, 2016
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 Allison Atwood Ballinger Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce Bryant Buckner E Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D Casas Chandler Cheokas Clark, D Clark, H Clark, V
E Coleman Cooke Coomer Cooper Corbett 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 Gilligan Glanton Golick Gordon Gravley
Greene 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 E Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo
McCall McClain Meadows Metze Mitchell Morris Nimmer Nix Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler
Sharper Shaw Sims Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley 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 Dawkins-Haigler of the 91st, Jordan of the 77th, Mosby of the 83rd, Oliver of the 82nd, Randall of the 142nd, Stephenson of the 90th, and Thomas of the 56th.
WEDNESDAY, FEBRUARY 17, 2016
1063
They wished to be recorded as present.
Prayer was offered by Pastor Deek Dubberly, Southside Baptist Church, Hazlehurst, 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 1018. By Representative Parrish of the 158th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an additional ad valorem tax for the purpose of realizing additional tax revenue to provide payment for the Candler County Hospital Authority's services and facilities; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
1064
JOURNAL OF THE HOUSE
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1019. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to authorize the Magistrate Court of Upson 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1020. By Representatives Trammell of the 132nd and Nix of the 69th:
A BILL to be entitled an Act to provide a new charter for the City of Hogansville; to provide for incorporation and boundaries; 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 1021. By Representatives Yates of the 73rd and Knight of the 130th:
A BILL to be entitled an Act to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4527), so as to provide for the election of the county solicitor; to specify the requirements for holding the office of the county solicitor; to establish the office of the county solicitor as a full-time position; to designate the salary of the office of the county solicitor; to authorize the appointment of assistant county solicitors; 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 1022. By Representatives Kirby of the 114th, Greene of the 151st, Harden of the 148th, Epps of the 144th, Buckner of the 137th and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste disposal, so as to provide for permit by notification for inert waste landfill operations; to repeal a grandfather
WEDNESDAY, FEBRUARY 17, 2016
1065
provision relating to inert waste landfills; to establish new statutory requirements for inert waste landfill operators; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 1023. 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 reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to change the compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1024. By Representatives Corbett of the 174th, Carter of the 175th, Sharper of the 177th and Shaw of the 176th:
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), an Act approved February 18, 1992 (Ga. L. 1992, p. 4536), and an Act approved May 6, 2015 (Ga. L. 2015, p. 3743), so as to provide for the election and terms of office of the mayor and councilmembers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1025. By Representatives Taylor of the 79th, Willard of the 51st, Drenner of the 85th, Henson of the 86th, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change provisions relating to service of accusations of or citations for violations of ordinances under certain circumstances; to provide for judgments when service is perfected under such circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
1066
JOURNAL OF THE HOUSE
Referred to the Committee on Judiciary.
HB 1026. By Representatives Carter of the 92nd, Oliver of the 82nd, Kaiser of the 59th, Drenner of the 85th, Mitchell of the 88th 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 relative to counties and municipal corporations, so as to provide that certain owners of real property against which a notice of code violation has been sent who fails to correct such violation within 48 days shall be subject to a daily fine; to provide for a lien, creation, and foreclosure; to amend Title 44 of the O.C.G.A., relating to property, so as to provide for a lien against lots by a homeowners' association; to provide for the establishment of a postforeclosure registry; to provide for the submission of certain information by the purchasers of real property at a foreclosure sale; to provide for a presumption that such information is valid for all legal notices; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1027. By Representatives Fleming of the 121st, Willard of the 51st, Caldwell of the 131st, Weldon of the 3rd, Welch of the 110th 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 for filing of documents in superior and state courts by electronic means; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1028. By Representatives Werkheiser of the 157th, Nimmer of the 178th, Burns of the 159th, Abrams of the 89th, Caldwell of the 20th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to waste management, so as to require the Environmental Protection Division of the Department of Natural Resources to provide notice to affected localities upon the occurrence of certain events relating to permitted solid or hazardous waste facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
WEDNESDAY, FEBRUARY 17, 2016
1067
HB 1029. By Representatives Broadrick of the 4th, Dickson of the 6th and Tarvin of the 2nd:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Whitfield County; to provide for the appointment of a county surveyor by the governing authority of the county; to provide that the person currently serving as elected county surveyor shall serve the remainder of his or her term; 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 1031. By Representatives Teasley of the 37th, Rynders of the 152nd, Brockway of the 102nd and Hightower of the 68th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that, if the votes received by a candidate in a primary or election are within not more than 1 percent of the total votes which were cast for such office in such primary or election of receiving a majority of the votes cast for such office and being declared as the candidate nominated or elected, such candidate shall be qualified to request a recount; 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 1032. By Representatives Brockway of the 102nd, Taylor of the 79th, Kaiser of the 59th and Frye of the 118th:
A BILL to be entitled an Act to amend Chapter 32 of Title 50 of the O.C.G.A., relating to the Georgia Regional Transportation Authority, so as to provide for the creation of the Transit Rail Expansion Commission for the purpose of providing oversight, funding, and support to transit rail expansion districts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 1033. By Representatives Evans of the 42nd, Ehrhart of the 36th, Carson of the 46th, Wilkerson of the 38th, Golick of the 40th and others:
1068
JOURNAL OF THE HOUSE
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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4050), so as to change the compensation of the judge of the probate court; to change the compensation of the clerk of the probate court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1364. By Representative Waites of the 60th:
A RESOLUTION urging the Board of Education of Clayton County to avoid scheduling any high school graduation or matriculation ceremonies or commencements on the same day that the general primary election is held; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 1365. By Representatives Clark of the 98th, Yates of the 73rd, Deffenbaugh of the 1st, Prince of the 127th, Setzler of the 35th and others:
A RESOLUTION creating the Joint Study Committee on Veterans' Health and Employment Initiatives; and for other purposes.
Referred to the Committee on Special Rules.
HR 1366. By Representatives Cooper of the 43rd, Clark of the 101st, Kelley of the 16th, Wilkinson of the 52nd, Jones of the 53rd and others:
A RESOLUTION creating the House Study Committee on a Georgia Abuser Registry; and for other purposes.
Referred to the Committee on Special Rules.
HR 1367. By Representatives Taylor of the 173rd, Cooper of the 43rd, Dudgeon of the 25th, Clark of the 101st, Smith of the 134th and others:
A RESOLUTION creating the House Study Committee on the Pharmacy Benefits Managers Process; and for other purposes.
WEDNESDAY, FEBRUARY 17, 2016
1069
Referred to the Committee on Special Rules.
HR 1382. By Representatives Buckner of the 137th, Abrams of the 89th, Hugley of the 136th, Mitchell of the 88th, Bentley of the 139th and others:
A RESOLUTION encouraging the Department of Community Health to create and seek the counsel of a State Health Benefit Plan Customer Advisory Council; 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 981 HB 984 HB 986 HB 988 HB 990 HB 992 HB 994 HB 996 HB 998 HB 1000 HB 1002 HB 1004 HB 1007 HB 1009 HB 1011 HB 1013 HB 1015 HB 1017 HR 1341 HR 1343 HR 1362 SB 308 SB 340 SB 342
HB 983 HB 985 HB 987 HB 989 HB 991 HB 993 HB 995 HB 997 HB 999 HB 1001 HB 1003 HB 1006 HB 1008 HB 1010 HB 1012 HB 1014 HB 1016 HB 1030 HR 1342 HR 1345 HR 1363 SB 339 SB 341 SB 343
Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
1070
JOURNAL OF THE HOUSE
Your Committee on Health and Human Services has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 684 HB 900 HB 916
Do Pass, by Substitute Do Pass, by Substitute Do Pass
HB 897 HB 910 HB 944
Do Pass, by Substitute Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 43rd
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 784 HB 965 HB 975
Do Pass, by Substitute Do Pass Do Pass
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 945 HB 955 HB 967
Do Pass Do Pass Do Pass
HB 947 HB 958 HB 968
Do Pass Do Pass Do Pass
WEDNESDAY, FEBRUARY 17, 2016
1071
Respectfully submitted, /s/ Tankersley of the 160th
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 792 HB 859 HB 970
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Powell of the 32nd
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 1363 Do Pass
Respectfully submitted, /s/ Meadows of the 5th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 17, 2016
Mr. Speaker and Members of the House:
1072
JOURNAL OF THE HOUSE
The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:
DEBATE CALENDAR
Modified Open Rule
HB 813
Pharmacists and pharmacies; expedited partner therapy; provisions (Substitute)(H&HS-Jasperse-11th)
Modified Structured Rule
HB 486 HB 818 HB 869
Professional forestry; disclosure of AIDS confidential information; conform provisions (CR-Reeves-34th) Workers' compensation; insurance, awards, benefits and administration; change certain provisions (I&L-Shaw-176th) Professions and businesses; responsibilities of brokers and qualifying brokers to review certain documents; change certain provisions (Substitute)(RegI-Powell-32nd)
Structured Rule
HB 555 HB 762
Courts; provide reporting of certain statistics regarding juveniles seeking abortions without parental notice; provisions (Substitute)(Ins-Chandler105th) Crimes and offenses; disposal of aborted human fetuses; change certain provisions (Substitute)(Judy-Willard-51st)
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 945. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act creating the Schley County Utilities Authority, approved May 12, 2015 (Ga. L. 2015, p. 4204), so as to
WEDNESDAY, FEBRUARY 17, 2016
1073
modify provisions related to appointment of authority members; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 947. By Representative Corbett of the 174th:
A BILL to be entitled an Act to authorize the assessment and collection of a technology fee by the Probate Court of Echols County; to identify the authorized uses of said technology fee; to provide for the maintenance of said technology fee funds; to authorize collaboration of the clerk of the Probate Court of Echols County with the finance director of Echols County; to provide for reports of income and expenditures; to provide for fund history reviews; to provide for lowering of the amount of said technology fee; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 955. By Representatives Yates of the 73rd, Fludd of the 64th and Mabra of the 63rd:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3399), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for the continuation in office of current members; 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 958. By Representatives Jones of the 47th, Willard of the 51st, Golick of the 40th, Raffensperger of the 50th, Cantrell of the 22nd 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 12, 2015 (Ga. L. 2015, p. 4054), so as to provide for the term
1074
JOURNAL OF THE HOUSE
of the member appointed by the mayor; 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 967. By Representatives Epps of the 144th, Peake of the 141st and Dickey of the 140th:
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 modify provisions related to termination of employment before retirement; to modify provisions related to direct rollovers; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 968. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to authorize the Magistrate Court of Pike 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 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Dickson Y Dollar
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake
Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall
Stover
WEDNESDAY, FEBRUARY 17, 2016
1075
Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner E Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Hugley Y Jackson 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 E Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw N Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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
VACANT 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 164, nays 1.
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 115. By Senators Hufstetler of the 52nd, Orrock of the 36th and Kirk of the 13th:
A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to delegation of authority to physician assistants, so as to authorize a physician to delegate to a physician assistant the authority to prescribe Schedule II controlled substances; to provide for limitations and conditions; to provide for additional continuing education requirements regarding Schedule II controlled substances; to provide for related matters; to repeal conflicting laws; and for other purposes.
1076
JOURNAL OF THE HOUSE
SB 158. By Senators Burke of the 11th, Kirk of the 13th, Watson of the 1st, Hill of the 6th and McKoon of the 29th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain consumer and provider protections regarding health insurance; to provide for definitions; to provide for short titles; to provide for health insurer transparency; to provide for health care providers' right to choose; to provide for health care provider stability; to provide for consumer right to access; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 290. By Senator Bethel of the 54th:
A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing, so as to clarify those individuals not required to be licensed as an insurance agent; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 320. By Senators Watson of the 1st, Harper of the 7th, Beach of the 21st, Ginn of the 47th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to revise the exemptions afforded to nonresidents who have in their immediate possession a valid driver's license issued to them in their home state or country; to provide for certain presumptions of validity of a driver's license issued by the driver's licensing authority of a foreign county; to provide for exceptions; 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 115. By Senators Hufstetler of the 52nd, Orrock of the 36th and Kirk of the 13th:
A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to delegation of authority to physician assistants, so as to authorize a physician to delegate to a physician assistant the authority to prescribe Schedule II controlled substances; to provide for limitations and conditions; to provide for additional continuing education requirements regarding Schedule II controlled substances; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 17, 2016
1077
Referred to the Committee on Health & Human Services.
SB 158. By Senators Burke of the 11th, Kirk of the 13th, Watson of the 1st, Hill of the 6th and McKoon of the 29th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain consumer and provider protections regarding health insurance; to provide for definitions; to provide for short titles; to provide for health insurer transparency; to provide for health care providers' right to choose; to provide for health care provider stability; to provide for consumer right to access; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 290. By Senator Bethel of the 54th:
A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing, so as to clarify those individuals not required to be licensed as an insurance agent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 320. By Senators Watson of the 1st, Harper of the 7th, Beach of the 21st, Ginn of the 47th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to revise the exemptions afforded to nonresidents who have in their immediate possession a valid driver's license issued to them in their home state or country; to provide for certain presumptions of validity of a driver's license issued by the driver's licensing authority of a foreign county; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
The following members were recognized during the period of Morning Orders and addressed the House:
1078
JOURNAL OF THE HOUSE
Representatives Dempsey of the 13th, Harden of the 148th, Peake of the 141st et al., Nix of the 69th, Sharper of the 177th, Marin of the 96th, Beverly of the 134rd, Kaiser of the 59th et al., and Watson of the 172nd.
Pursuant to HR 1203, the House commended Congressman John Lewis through the naming of a new class of fleet oilers.
Pursuant to HR 1191, the House recognized and commended Lieutenant General Lee K. Levy II.
Pursuant to HR 1317, the House recognized the Georgia East Metro Health District Medical Reserve Corps, Inc.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Insurance:
HB 838. By Representatives Blackmon of the 146th, Meadows of the 5th, Epps of the 144th, Rhodes of the 120th, Smith of the 134th 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 that carriers that sell certain health insurance plans in this state through an agent shall compensate such agent a minimum of 5 percent of the collected premiums; to provide for exceptions; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 818. By Representatives Shaw of the 176th, Nimmer of the 178th, Fleming of the 121st, England of the 116th, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers' compensation, so as to change certain provisions relating to workers' compensation insurance, awards, benefits, and administration; to provide that administrative law judges are subject to the Georgia Code of Judicial Conduct; to change provisions related to an employer's duties to provide the State Board of Workers' Compensation with certain information; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 17, 2016
1079
The report of the Committee, which was favorable to the 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 Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce Y Bryant Y Buckner E Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas
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 Y Ehrhart Y England
Epps E Evans Y Fleming E Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 E Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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
VACANT 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
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.
House of Representatives Coverdell Office Building, Room 509-A
Atlanta, Georgia 30334
2-17-16
1080
JOURNAL OF THE HOUSE
Please record my vote on HB 818. If I had voted I would have voted yea. I was working with 150 children on steps.
/s/ Rep. Beasley-Teague #65th
HB 762. By Representatives Willard of the 51st, Kirby of the 114th, Jones of the 167th, Coomer of the 14th, Jasperse of the 11th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change certain provisions relating to disposal of aborted human fetuses, reporting requirements, penalties, public reports, and confidentiality of identity of physicians filing reports; to provide for reports; to change certain provisions relating to buying, selling, or offering to buy or sell a human body or parts thereof; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Revised Uniform Anatomical Gift Act," so as to change certain provisions relating to limited prohibition on sale or purchase of body parts; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change certain provisions relating to buying, selling, or offering to buy or sell a human body or parts thereof; to provide for penalties; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Revised Uniform Anatomical Gift Act," so as to change certain provisions relating to the limited prohibition on sale or purchase of body parts; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by revising paragraph (5) of subsection (b) and subsection (c) of Code Section 16-12-160, relating to buying, selling, or offering to buy or sell a human body or parts thereof, as follows:
WEDNESDAY, FEBRUARY 17, 2016
1081
"(5) The purchase or sale of human tissue, organs, or other parts of the human body, not including a human fetus or any part thereof, for health sciences education; or" "(c)(1) Except as otherwise provided by paragraph (2) of this subsection, any Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 $25,000.00 or by imprisonment for not less than one year nor more than five years, or both. (2) Any natural person who buys or sells, offers to buy or sell, or assists another in buying or selling or offering to buy or sell an aborted human fetus or any part thereof in violation of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years."
SECTION 2. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Revised Uniform Anatomical Gift Act," is amended by revising Code Section 44-5-154, relating to limited prohibition on sale or purchase of body parts, as follows:
"44-5-154. (a) Except as otherwise provided in subsection (b) subsections (a.1) and (b) of this Code section, a person that for valuable consideration knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both. (a.1) Except as otherwise provided in subsection (b) of this Code section, a person that for valuable consideration knowingly purchases or sells an aborted human fetus or any part thereof for any purpose shall be punished as provided by Code Section 16-12-160. (b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a 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.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
1082
JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner E Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby E Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice 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
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
VACANT 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 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 869. By Representatives Powell of the 32nd, Maxwell of the 17th and Harrell of the 106th:
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 change certain provisions relating to the responsibilities of brokers and qualifying brokers to review certain documents; to change certain provisions relating to actions that constitute unfair trade practices; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 17, 2016
1083
The following Committee substitute was read and adopted:
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 change certain provisions relating to the responsibilities of brokers and qualifying brokers to review certain documents; to change certain provisions relating to actions that constitute unfair trade practices; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by revising subsection (c) of Code Section 43-4018, relating to management of firm and licensed affiliates and compliance with local ordinances, as follows:
"(c) The real estate brokerage activities of each firm shall be under the direct management and supervision of a broker or qualifying broker. The broker or qualifying broker shall be responsible for establishing, implementing, and continuing procedures for:
(1) Reviewing all advertising to ensure compliance with this chapter and its rules and regulations; (2) Providing programs for study and review of this chapter and its rules and regulations for all licensed associates; (3) Reviewing for compliance with this chapter and its rules and regulations all listing contracts, leases, sales contracts, and management agreements, and offers to buy, sell, lease, or exchange real property and any offer to buy, sell, lease, or exchange real property accepted within the time limit of said offer secured or negotiated by the firm's associates. This review shall take place within 30 days of the date of the offer or contract; (4) Systematic review of the firm's trust accounting practices in order to assure their compliance with this chapter and its rules and regulations; (5) Ensuring that the firm utilizes only licensed personnel to perform those acts of a licensee which require licensure and that when it pays compensation to an individual licensee, other than another firm, the license of such individual licensee was assigned to the firm by the commission at the time such individual licensee earned the compensation paid; (6) Ensuring that proper disbursements are made from trust accounts; (7) Providing continuing and reasonable safekeeping for all records related to real estate transactions which this chapter and its rules and regulations require a broker to maintain;
1084
JOURNAL OF THE HOUSE
(8) Providing all licensed personnel with written policies and procedures under which they are expected to operate; (9) Seeing that the firm and all licensed affiliates enter into a written agreement specifying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their firm, the commission shall not regulate the content of such agreements or enforce their provisions; and (10) Assuring that an individual with appropriate management authority is reasonably available to assist licensees and the public in real estate transactions handled by the firm."
SECTION 2. Said chapter is further amended by revising paragraphs (20) and (27) of subsection (b) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows:
"(20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the broker's files Failing to timely ensure that his or her client or customer receives a copy of the closing statement from a real estate transaction if the closing statement is provided to the licensee at closing. The broker shall retain true copies of such closing statements in the broker's files;" "(27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements if provided to the licensee, any offer or other document that resulted in the depositing of trust funds, accounting records related to the maintenance of any trust account required by this chapter, and other documents relating to real estate closings or transactions or failing to produce such documents at the reasonable request of the commission or any of its agents for their inspection;"
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
WEDNESDAY, FEBRUARY 17, 2016
1085
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner E Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 E Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 Y Turner
VACANT 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 813. By Representatives Jasperse of the 11th, Broadrick of the 4th, Cooper of the 43rd and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 and Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies and control of venereal disease, respectively, so as to provide for expedited partner therapy for patients with chlamydia, gonorrhea, or trichomoniasis; to provide for definitions; to revise provisions relating to dispensing prescription drugs; to provide for immunity; to provide for rules
1086
JOURNAL OF THE HOUSE
and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 26 and Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies and control of venereal disease, respectively, so as to provide for expedited partner therapy for patients with chlamydia or gonorrhea; to provide for definitions; to revise provisions relating to dispensing prescription drugs; to provide for immunity; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising paragraph (2) of subsection (c) of Code Section 26-4-80, relating to prescription drug orders, as follows:
"(2) Prescription drug orders transmitted by facsimile or computer shall include: (A) In the case of a prescription drug order for a dangerous drug, the complete name and address of the practitioner; (B) In the case of a prescription drug order for a controlled substance, the complete name, address, and DEA registration number of the practitioner; (C) The telephone number of the practitioner for verbal confirmation; (D) The name and address of the patient, unless the prescription drug order is prescribed pursuant to expedited partner therapy in accordance with Code Section 31-17-7.1 for use by a sexual partner of a patient clinically diagnosed with chlamydia or gonorrhea; (E) The time and date of the transmission; (F) The full name of the person transmitting the order; and (G) The signature of the practitioner in a manner as defined in regulations promulgated by the board or, in the case of a controlled substances prescription, in accordance with 21 C.F.R. 1301.22;"
SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 26-4-83, relating to patient record systems, as follows:
"(b) A patient record system shall be maintained by all pharmacies for patients for whom prescription drug orders are dispensed. The patient record system shall provide
WEDNESDAY, FEBRUARY 17, 2016
1087
for the immediate retrieval of information necessary by the pharmacist to identify previously dispensed drugs at the time a prescription drug order is presented for dispensing. The pharmacist or the pharmacist's designee shall make a reasonable effort to obtain, record, and maintain the following information:
(1) The full name of the patient for whom the drug is intended; (2) The address and telephone number of the patient; (3) The date of birth of the patient; and (4) The gender of the patient. This subsection shall not apply to prescription drug orders dispensed pursuant to expedited partner therapy in accordance with Code Section 31-17-7.1 for use by a sexual partner of a patient clinically diagnosed with chlamydia or gonorrhea."
SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 26-4-85, relating to patient counseling, as follows:
"(d) Patient counseling, as described in this Code section, shall not be required for: (1) Inpatients In-patients of a hospital or institution where other health care professionals are authorized to administer the drug or drugs; (2) Inmates of corrections correctional institutions where pharmacy services are provided by the Department of Corrections or by a county or municipal political subdivision either directly or by a subcontractor of the above; or (3) Patients receiving drugs from the Department of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-23 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section; or (4) Sexual partners of patients clinically diagnosed with chlamydia or gonorrhea for which a prescription drug order is prescribed pursuant to expedited partner therapy in accordance with Code Section 31-17-7.1."
SECTION 4. Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, is amended by adding a new Code section to read as follows:
"31-17-7.1. (a) As used in this Code section, the term:
(1) 'Expedited partner therapy' means the practice of prescribing or dispensing antibiotic drugs to the sexual partner or partners of a patient clinically diagnosed with chlamydia or gonorrhea without physical examination of the partner or partners. (2) 'Licensed practitioner' means a physician licensed to practice medicine in this state or an advanced practice registered nurse or physician assistant acting pursuant to delegated authority by a physician in accordance with Code Section 43-34-23 or 4334-25 or subsection (e.1) of Code Section 43-34-103.
1088
JOURNAL OF THE HOUSE
(b) A licensed practitioner who diagnoses a patient to be infected with chlamydia or gonorrhea may utilize expedited partner therapy in accordance with any rules and regulations established by the department for the management of such patient's sexual partner or partners. (c) Any licensed practitioner who, reasonably and in good faith, utilizes expedited partner therapy in accordance with this Code section and any rules and regulations established by the department shall not be subject to civil or criminal liability and shall not be deemed to have engaged in unprofessional conduct by such practitioner's licensing board. (d) Any pharmacist licensed in this state who, reasonably and in good faith, dispenses antibiotic drugs pursuant to a prescription for expedited partner therapy in accordance with this Code section and any rules and regulations established by the department shall not be subject to civil or criminal liability and shall not be deemed to have engaged in unprofessional conduct by the State Board of Pharmacy. (e) The department shall be authorized to promulgate rules and regulations to implement the provisions of this Code section."
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 N Allison N Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick N Brockway Y Bruce Y Bryant Y Buckner E Burns
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 N Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans
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 Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J N Price N Prince Y Pruett N Quick N Raffensperger N Rakestraw Y Ramsey
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 N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT
WEDNESDAY, FEBRUARY 17, 2016
1089
Y Caldwell, J Y Caldwell, M N Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Harden
Y Kirby E Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows Y Metze
Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
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 152, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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:
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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the reporting of certain statistics regarding juveniles seeking abortions without parental notice; to provide for related matters; to repeal conflicting laws; and for other purposes.
1090
JOURNAL OF THE HOUSE
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 15-11-64, relating to collection of information by juvenile court clerks, by designating the existing text as subsection (a) and adding a new subsection to read as follows:
"(b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts the total number of petitions or motions filed under subsection (b) of Code Section 15-11-682 for the previous calendar year and, of that number, the number in which the court appointed a guardian ad litem, the number in which the court appointed counsel, the number in which the judge issued an order authorizing an abortion without notification, the number in which the judge denied such an order, and, of the last, the number of denials from which an appeal was filed, the number of appeals that resulted in denials being affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk shall make such report by February 28 of each year for the previous calendar year. The individual reports made to the Administrative Office of the Courts shall be held confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to open records. The Administrative Office of the Courts shall provide aggregated statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such individual reports shall be destroyed six months after submission to the Administrative Office of the Courts."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K N Bennett, T N Bentley Y Benton Y Beskin
Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas E Drenner Y Dudgeon N Dukes
Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes
Houston N Howard N Hugley
Jackson Y Jasperse Y Jones, J
N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A
Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
WEDNESDAY, FEBRUARY 17, 2016
1091
N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce Y Bryant N Buckner E Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A N Carter, D 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 N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Gilligan N Glanton Y Golick N Gordon Y Gravley Y Greene Y Harden
Y Jones, J.B. N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick N Kidd Y Kirby E Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows N Metze
Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims N Smith, E
Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. N Thomas, E N Trammell Y Turner
VACANT 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 passage of the Bill, by substitute, the ayes were 119, nays 51.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
House of Representatives 245 State Capitol
Atlanta, Georgia 30334
February 17, 2016
Mr. Bill Reilly Clerk of the House 309 State Capitol Building Atlanta, GA 30334
RE: HB 555 Malfunction of Voting Machine
My voting machine did not register a vote when I voted for HB 555.
Please enter into the journal that Rep. Penny Houston cast a YES vote on HB 555.
Thank you,
1092
JOURNAL OF THE HOUSE
/s/ Penny Houston State Representative Penny Houston District 170
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.
The report of the Committee, which was favorable to the 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 Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce Y Bryant Y Buckner E Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson 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 E Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
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 Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A
WEDNESDAY, FEBRUARY 17, 2016
1093
Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E
Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. 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 750. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th and England of the 116th:
A BILL to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016, known as the "General Appropriations Act," Act No. 198, approved May 12, 2015 (Ga. L. 2015, Volume One, Appendix, commencing at page 1 of 251), 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.
The following Resolutions of the House were read and adopted:
HR 1383. By Representatives Williams of the 87th, Mitchell of the 88th, Gasaway of the 28th, Mabra of the 63rd and Jackson of the 128th:
A RESOLUTION honoring the life and memory of Lillie "Dr. Ruth" Walker; and for other purposes.
HR 1384. By Representatives Kaiser of the 59th, Ralston of the 7th, Abrams of the 89th, Burns of the 159th, Gardner of the 57th and others:
1094
JOURNAL OF THE HOUSE
A RESOLUTION honoring the life and memory of Mrs. Vickie Crowley Pettit; and for other purposes.
HR 1385. By Representatives Waites of the 60th, Kaiser of the 59th, Beskin of the 54th, Jones of the 53rd, Gardner of the 57th and others:
A RESOLUTION recognizing Commissioner Joan P. Garner of the Fulton County Board of Commissioners; and for other purposes.
HR 1386. By Representatives Bruce of the 61st, Thomas of the 56th, Beasley-Teague of the 65th, Wilkerson of the 38th, Drenner of the 85th and others:
A RESOLUTION congratulating Mr. Vamus Culpepper on the grand occasion of his 100th birthday; and for other purposes.
HR 1387. By Representatives Hatchett of the 150th, Morris of the 156th, Williams of the 119th, Smith of the 70th, Parrish of the 158th and others:
A RESOLUTION recognizing Mr. Jim L. Gillis, Jr., for his outstanding work in the conservation of the State of Georgia's resources; and for other purposes.
HR 1388. By Representatives Marin of the 96th and Casas of the 107th:
A RESOLUTION commending Hispanic Singer and Actress Cristina Quiones; and for other purposes.
HR 1389. By Representatives Fleming of the 121st, Reeves of the 34th, Willard of the 51st, Strickland of the 111th, Mabra of the 63rd and others:
A RESOLUTION recognizing February 14-20, 2016, as Georgia Court Reporting and Captioning Week at the capitol; and for other purposes.
HR 1390. By Representatives Jones of the 53rd, Dawkins-Haigler of the 91st, Thomas of the 56th and Metze of the 55th:
A RESOLUTION recognizing February 22, 2016, as Clark Atlanta University Day at the state capitol; and for other purposes.
HR 1391. By Representatives Beskin of the 54th, Jones of the 53rd, Wilkinson of the 52nd, Clark of the 98th, Carson of the 46th and others:
WEDNESDAY, FEBRUARY 17, 2016
1095
A RESOLUTION recognizing and commending Thomas Ryland Chapman; and for other purposes.
HR 1392. By Representatives Dollar of the 45th, Taylor of the 79th, Abrams of the 89th, Jones of the 47th, Williamson of the 115th and others:
A RESOLUTION commending Taiwan for its relations with the United States; and for other purposes.
HR 1393. By Representatives Coleman of the 97th, Cantrell of the 22nd, Kaiser of the 59th, Stovall of the 74th and Dickson of the 6th:
A RESOLUTION recognizing February 18, 2016 as Georgia Association of Educators (GAE) Day at the Capitol; and for other purposes.
HR 1394. By Representatives Evans of the 42nd, Golick of the 40th, Wilkerson of the 38th and Smith of the 41st:
A RESOLUTION recognizing the outstanding academic and athletic career of Isaiah Rogers; and for other purposes.
HR 1395. By Representatives Morris of the 156th, Ralston of the 7th, Hitchens of the 161st, Lumsden of the 12th, Atwood of the 179th and others:
A RESOLUTION honoring the life and memory of Sheriff Ladson O'Connor; and for other purposes.
HR 1396. By Representatives Waites of the 60th, Scott of the 76th and Jones of the 53rd:
A RESOLUTION congratulating Pastor Henry L. Smoke, Sr., on the occasion of his installation as pastor of Mt. Pleasant Missionary Baptist Church; and for other purposes.
HR 1397. By Representatives Kaiser of the 59th, Gardner of the 57th, Beskin of the 54th, Bruce of the 61st, Waites of the 60th and others:
A RESOLUTION recognizing Mr. Derreck Kayongo and congratulating him upon his appointment as the new CEO of the Center for Civil and Human Rights; and for other purposes.
HR 1398. By Representatives Dollar of the 45th, Carson of the 46th, Price of the 48th, Cooper of the 43rd and Wilkinson of the 52nd:
1096
JOURNAL OF THE HOUSE
A RESOLUTION commending the Atlanta Junior Rowing Association; 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:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 579 Do Pass, by Substitute HB 1030 Do Pass
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 of the House and has instructed me to report the same back to the House with the following recommendations:
HB 614 Do Pass, by Substitute HB 959 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 House and has instructed me to report the same back to the House with the following recommendations:
WEDNESDAY, FEBRUARY 17, 2016
1097
HB 860 Do Pass HB 980 Do Pass, by Substitute
Respectfully submitted, /s/ Rynders of the 152nd
Chairman
Representative Shaw of the 176th 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/ Shaw of the 176th
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 929 Do Pass
Respectfully submitted, /s/ Dollar of the 45th
Chairman
Representative Jasperse of the 11th District, Chairman of the Committee on Special Rules, submitted the following report:
Mr. Speaker:
1098
JOURNAL OF THE HOUSE
Your Committee on Special Rules 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 978 Do Pass HR 1135 Do Pass
HR 979 Do Pass HR 1341 Do Pass
Respectfully submitted, /s/ Jasperse of the 11th
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1312 Do Pass
Respectfully submitted, /s/ Sims of the 123rd
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:
HB 763 HB 768 HB 922 HB 937 HR 502
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass, by Substitute
HB 766 HB 893 HB 936 HB 939
Do Pass, by Substitute Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Powell of the 171st
Chairman
WEDNESDAY, FEBRUARY 17, 2016
1099
The following communication was received:
State of Georgia Office of the Governor Atlanta 30334-0090
February 17, 2016
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 section in House Bill 750:
Non-Binding Information Language to Disregard: Section 23, pertaining to the Department of Economic Development, page 67, line
136.1
The message for the above referenced item is attached.
Sincerely,
/s/ Nathan Deal
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 750 FY 2016 Supplemental Appropriations Bill
1100
JOURNAL OF THE HOUSE
Intent Language Considered Non-Binding
Section 23, pertaining to the Department of Economic Development, page 67, Line 136.1:
The General Assembly seeks to direct the Department of Economic Development to utilize $200,000 for music promotion activities within Georgia. Program funding should be used to promote tourism activities in accordance with the highest priorities of the state. The Department is authorized to operate the program in accordance with the purpose of the program and the general law powers of the Department.
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.
THURSDAY, FEBRUARY 18, 2016
1101
Representative Hall, Atlanta, Georgia
Thursday, February 18, 2016
Twenty-Third Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles E Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway E Bruce Bryant Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D 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 Frye Gardner Gasaway Gilligan Glanton Golick Gordon Gravley
Greene 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 Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo
McCall McClain Meadows Mitchell Morris Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea E Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger E Rakestraw Ramsey Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler
Sharper Shaw Sims Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall Strickland Tankersley Tanner Tarvin Taylor, D Teasley 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 Buckner of the 137th, Floyd of the 99th, Fludd of the 64th, Frazier of the 126th, Jordan of the 77th, Metze of the 55th, Mosby of the 83rd, Randall of the
1102
JOURNAL OF THE HOUSE
142nd, Smyre of the 135th, Stephenson of the 90th, Stover of the 71st, Taylor of the 79th, and Thomas of the 56th.
They wished to be recorded as present.
Prayer was offered by Reverend Jeremy G. Rich, Pastor, First Missionary Baptist Church, Thomasville, 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 1034. By Representative Coomer of the 14th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to provide for the issuance of an annual commercial wrecker tow permit; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, FEBRUARY 18, 2016
1103
Referred to the Committee on Transportation.
HB 1035. By Representatives Hitchens of the 161st, Yates of the 73rd, Deffenbaugh of the 1st, Ealum of the 153rd, Rogers of the 10th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to provide that a tax collector or tax commissioner shall waive the collection of penalties and interest incurred upon default that occurred due to a taxpayer's military service in a combat zone if the taxpayer pays the underlying tax liability within 30 days of the end of such military service; to provide a short title; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1036. By Representatives Hitchens of the 161st, Stephens of the 164th, Petrea of the 166th, Williams of the 168th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 22 of the O.C.G.A., relating to the exercise of power of eminent domain for special purposes, so as to change certain provisions relating to the exercise of power of eminent domain for construction of petroleum pipelines and the environmental permitting requirements for petroleum pipelines; to enact a temporary moratorium on the use of eminent domain for construction of petroleum pipelines and the permitting for construction of such pipelines so that a commission of elected officials and field experts can conduct a detailed study; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 1037. By Representatives Clark of the 101st, Cooper of the 43rd, Taylor of the 173rd, Efstration of the 104th, Broadrick of the 4th 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 expand the certified nurse aide registry to nurse aides who provide services in private residences; to provide for inquiries and complaints; to provide that the registry be easily located on the department's website; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
1104
JOURNAL OF THE HOUSE
HB 1038. By Representatives Rhodes of the 120th and Kidd of the 145th:
A BILL to be entitled an Act to authorize the governing authority of the City of Eatonton 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 1039. By Representatives Shaw of the 176th, Watson of the 172nd, Maxwell of the 17th, Smith of the 134th, Efstration of the 104th and others:
A BILL to be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to prohibit driver only policies; to provide for definitions; to provide for prohibition for issuance of named driver policies in this state; to provide for a certain named driver exclusion; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 1040. By Representative Powell of the 32nd:
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 provide for a definition of autocycle and exempt such vehicles from the definition of motorcycle; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1041. By Representatives Mabra of the 63rd, Willard of the 51st, Hightower of the 68th, Quick of the 117th, Reeves of the 34th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 14 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide authority for the use of other mortality tables; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
THURSDAY, FEBRUARY 18, 2016
1105
HB 1042. By Representative Kelley of the 16th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1043. By Representatives Kelley of the 16th and Cooper of the 43rd:
A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to vaccine protocol agreements, so as to exempt activities conducted by a hospital or health system with respect to influenza vaccinations from certain requirements; to provide for conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 1399. By Representatives Gasaway of the 28th, Powell of the 32nd and Benton of the 31st:
A RESOLUTION recognizing Currahee Mountain and dedicating a parkway in its 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 1018 HB 1020 HB 1022 HB 1024 HB 1026 HB 1028 HB 1031 HB 1033 HR 1365 HR 1367
HB 1019 HB 1021 HB 1023 HB 1025 HB 1027 HB 1029 HB 1032 HR 1364 HR 1366 HR 1382
1106
JOURNAL OF THE HOUSE
SB 115 SB 290
SB 158 SB 320
Representative England of the 116th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 751 Do Pass, by Substitute HB 773 Do Pass, by Substitute
Respectfully submitted, /s/ England of the 116th
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 205 HB 790 HB 905 HB 948
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass
HB 770 HB 874 HB 941 HB 949
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Hightower of the 68th
Secretary
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 18, 2016
Mr. Speaker and Members of the House:
THURSDAY, FEBRUARY 18, 2016
1107
The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
HB 676 HB 876
Accountability, Change Management, and Process Improvement Act of 2015; enact (Substitute)(GAff-Brockway-102nd) Animals; license and surety requirements of livestock dealers and market operators; update (A&CA-Pirkle-155th)
Modified Open Rule
HB 777 HB 826
HB 879
School buses; drivers use cellular telephones in similar manner as a twoway radio; allow (Substitute)(PS&HS-Dudgeon-25th) Medical practice; physicians; provide for certain requirements for advertisement or publication of representations of board certification (Substitute)(H&HS-Price-48th) Elementary and secondary education; seal of biliteracy for high school graduates with a high level of proficiency in one or more foreign languages in addition to English; provide (ED&T-Taylor-79th)
Modified Structured Rule
HB 745
HB 772 HB 783 HB 847 HB 927
Public property; extend automatic repeals of certain provisions relating to writing off small amounts due to the state; provisions (B&FAO-Ehrhart36th) Elections; advanced voting with regard to Saturday voting; revise period of time (GAff-Clark-147th) Controlled substances; Schedules I and IV; change certain provisions (Substitute)(H&HS-Broadrick-4th) Crimes and offenses; fraud in obtaining public assistance; redesignate and revise Code Sections (JudyNC-Clark-98th) "Appellate Jurisdiction Reform Act of 2016"; enact (Substitute)(JudyCoomer-14th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
1108
JOURNAL OF THE HOUSE
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 270. By Senators Martin of the 9th, Hill of the 32nd, Harper of the 7th, Unterman of the 45th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize persons who are qualified retired law enforcement officers to carry a handgun anywhere within this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 282. By Senators Stone of the 23rd, Tippins of the 37th, Unterman of the 45th, Mullis of the 53rd, Burke of the 11th and others:
A BILL to be entitled an Act to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to prohibit the discriminatory refusal to provide credit or financial services to those persons engaged in the lawful commerce of firearms or ammunition products; to provide for a short title; to provide definitions; to provide for civil causes of action; to provide for action by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 305. By Senator 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 require the department to provide certain notification prior to modification of the Physician Orders for Life-Sustaining Treatment form; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 319. By Senators Jackson of the 2nd, Kirk of the 13th, Unterman of the 45th, Henson of the 41st and Orrock of the 36th:
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
THURSDAY, FEBRUARY 18, 2016
1109
counselors, social workers, and others, so as to revise the definition of "professional counseling"; 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 270. By Senators Martin of the 9th, Hill of the 32nd, Harper of the 7th, Unterman of the 45th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize persons who are qualified retired law enforcement officers to carry a handgun anywhere within this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
SB 282. By Senators Stone of the 23rd, Tippins of the 37th, Unterman of the 45th, Mullis of the 53rd, Burke of the 11th and others:
A BILL to be entitled an Act to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to prohibit the discriminatory refusal to provide credit or financial services to those persons engaged in the lawful commerce of firearms or ammunition products; to provide for a short title; to provide definitions; to provide for civil causes of action; to provide for action by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
SB 305. By Senator 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 require the department to provide certain notification prior to modification of the Physician Orders for Life-Sustaining Treatment form; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
1110
JOURNAL OF THE HOUSE
SB 319. By Senators Jackson of the 2nd, Kirk of the 13th, Unterman of the 45th, Henson of the 41st and Orrock of the 36th:
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.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Nix of the 69th et al., Efstration of the 104th et al., Tanner of the 9th, Ealum of the 153rd, LaRiccia of the 169th, Alexander of the 66th, Dickerson of the 113th, Marin of the 96th et al., and Beasley-Teague of the 65th.
Pursuant to HR 1349, the House recognized February 18, 2016, as the 4th Annual Legislative Fly-In at the state capitol and commended the Georgia Airports Association and its leadership Jim Galloway, Blake Swafford, Jason Pinnix, Kevin Britton, Mike Mathews, and Mario Evans.
Pursuant to HR 1105, the House recognized and commended Christopher and Kyle Massey.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Governmental Affairs:
HB 781. By Representatives Raffensperger of the 50th, Rynders of the 152nd, Jones of the 167th, Taylor of the 173rd, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Chapter 80 of Title 36, Article 1 of Chapter 2 of Title 45, and Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities; general provisions regarding eligibility and qualifications for public office; and general provisions relating to state government, respectively, so as to require that individuals appointed to authorities, boards, councils, and commissions be United States citizens; to provide for other residency requirements; to provide for a definition; to provide for enforcement; to provide an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, FEBRUARY 18, 2016
1111
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Ways & Means:
HB 922. By Representatives Williamson of the 115th, Knight of the 130th, Kelley of the 16th, Harrell of the 106th, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to a tax credit for creating quality jobs, so as to add a definition of taxpayer; 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 Senate was withdrawn from the General Calendar and recommitted to the Committee on Judiciary:
SB 255. By Senators Stone of the 23rd, Bethel of the 54th, Millar of the 40th, Albers of the 56th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to modernize, reorganize, and provide constitutional protections in garnishment proceedings; to provide for definitions; to provide for an affidavit and summons of garnishment, contents, and procedure for garnishment; to provide for property being subject to and exempt from garnishment; to provide for a defendant's and third party's claim and plaintiff's traverse and the procedure for claims and traverses; to provide for procedures only applicable to financial institutions; to provide for and require the use of certain forms for garnishment proceedings; to amend Code Sections 44-7-50 and 53-12-80 of the O.C.G.A., relating to demand for possession and spendthrift provisions, respectively, so as to correct cross-references; 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 745. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to extend automatic repeals of certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical
1112
JOURNAL OF THE HOUSE
College System of Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell Hatchett
Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 18, 2016
1113
House of Representatives District 53
February 18, 2016
Please vote me "yes" for HB 745.
/s/ Sheila Jones
HB 783. By Representatives Broadrick of the 4th, Harden of the 148th, Parrish of the 158th and Hawkins of the 27th:
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 and IV controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for restricted dangerous drugs; to provide for penalties for certain violations relating to restricted dangerous drugs and nonprescription injectable insulin; 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 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 and IV controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for restricted dangerous drugs; to provide for a penalty for violations relating to nonprescription injectable insulin; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by adding new subparagraphs to paragraph (3) to read as follows:
"(BBBB) Methoxyphencyclidine (MeO-PCP); (CCCC) 4-hydroxy-N-methyl-N-isopropyltryptamine (4-OH-MiPT); (DDDD) N,a-dimethyl-5-benzofuranethanamine (5-MAPB);"
1114
JOURNAL OF THE HOUSE
SECTION 2.
Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising paragraph (12) as follows:
"(12) Any of the following compounds, derivatives, their salts, isomers, or salts of isomers, halogen analogues, or homologues, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation:
(A) Naphthoylindoles; (B) Naphthylmethylindoles; (C) Naphthoylpyrroles; (D) Naphthylideneindenes; (E) Phenylacetylindoles; (F) Cyclohexylphenols; (G) Benzoylindoles; (H) Tricyclic benzopyrans; (I) Adamantoylindoles; (J) Indazole amides; (K)[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4benzoxazin -6-yl]-1-naphthalenylmethanone (WIN 55,212-2); (L)Any compound, unless specifically excepted or listed in this or another schedule, structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:
(i) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substitutions, whether or not further substituted in the ring system; (ii) By substitution at the 3-position with an acyclic alkyl substitution; or (iii) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure; (L.1) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22); (M)(1-Pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl) methanone (UR-144) Indole carboxamides; (N) [1-(5-fluoropentyl)indole-3yl]-(2,2,3,3-tetramethylcyclopropyl) methanone (XLR11) Indole carboxylates; (O) [1,1'-biphenyl]-3-yl-carbamic acid, cyclohexyl ester (URB602); (P) [1-(2-morpholin-4-ylethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl) methanone (A-796,260) Indazole carboxylates; (Q) [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate (URB597); (R) 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one (URB754);
THURSDAY, FEBRUARY 18, 2016
1115
(S)
1-pentyl-3-(1-adamantylamido)indole
(2NE1)
Indole
tetramethylcyclopropanecarbonyls;
(T) 1-(5-fluoropentyl)-N-(tricyclo[3.31.13,7]dec-1-yl)-1H-indole-3-carboxamide
(STS-135) Napthoylbenzimidazoles;
(U) 1-naphthalenyl[4-(pentylox)-1-naphthalenyl]-methanone (CB-13);
(V)
N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide
(NNEI);
Naphthoylindazoles.
(W) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indole-3-carboxamide
(ADBICA);
(X) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone
(AM-2201 benzimidazole analog);
(Y) Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22);
(Z) Naphthalen-1-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FDU-PB-22);
(AA) Naphthalene-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (NM2201);
(BB) (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
(FUB-144);
(CC) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-
carboxamide (5-fluoro-ABICA);
(DD) 1-naphthalenyl(1-pentyl-1H-indazol-3-yl)-methanone (THJ 018)."
SECTION 3.
Said chapter is further amended by revising Code Section 16-13-28, relating to Schedule IV controlled substances, as follows:
"16-13-28. (a) The controlled substances listed in this Code section are included in Schedule IV. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation, included as having a stimulant or depressant effect on the central nervous system or a hallucinogenic effect:
(0.5) Alfaxalone; (1) Alprazolam Alfaxalone; (1.5) Armodafinil; (2) Barbital; (2.1) Bromazepam Reserved; (2.15) Butorphanol; (2.2) Camazepam; (2.25) Carisoprodol; (2.3) Cathine; (3) Chloral betaine; (4) Chloral hydrate;
1116
JOURNAL OF THE HOUSE
(5) Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and clidinium bromide) or menrium (chlordiazepoxide and water soluble esterified estrogens); (5.1) Clobazam; (6) Clonazepam Reserved; (7) Clorazepate; (7.1)(7) Clotiazepam; (7.2) Cloxazolam; (7.3) Delorazepam; (8) Desmethyldiazepam Reserved; (8.5) Dexfenfluramine; (9) Reserved; (10) Diazepam Reserved; (11) Diethylpropion; (11.05) Difenoxin; (11.1) Estazolam; (11.5) Eluxadoline; (12) Ethchlorvynol; (13) Ethinamate; (13.1) Ethyl loflazepate; (13.15) Etizolam; (13.2) Fencamfamin; (14) Fenfluramine; (14.1) Flunitrazepam; (14.2) Fenproporex; (15) Flurazepam; (15.3)(15) Fospropofol; (16) Halazepam; (16.1) Haloxazolam; (16.15)(16) Indiplon; (16.2) Ketazolam; (16.3) Lometazepam; (16.4) Loprazolam; (17) Lorazepam; (17.5)(17) Lorcaserin; (18) Mazindol; (19) Mebutamate; (19.1) Medazepam; (19.2) Mefenorex; (20) Meprobamate; (21) Methohexital; (22) Methylphenobarbital; (22.1) Midazolam;
THURSDAY, FEBRUARY 18, 2016
1117
(22.15)(22.1) Modafinil; (22.2) Nimetazepam; (22.3) Nitrazepam; (22.4) Nordiazepam; (23) Oxazepam Reserved; (23.1) Oxazolam; (24) Paraldehyde; (25) Pemoline; (26) Pentazocine; (27) Petrichloral; (27.5) Phenazepam; (28) Phenobarbital; (29) Phentermine; (29.1) Pipradrol; (30) Prazepam; (30.03)(30) Propofol; (30.05) Propoxyphene (including all salts and optical isomers); (30.07) Pyrazolam; (30.1) Quazepam; (30.2) Sibutramine; (30.3) SPA (-)-1-dimethylamino-1, 2-diphenylethane; (30.5) Suvorexant; (31) Temazepam Reserved; (31.5) Tramadol [2-((dimethylamino)methyl)-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers]; (32) Triazolam; (32.5)(32) Zaleplon; (33) Zolpidem; (34) Zopiclone. (b) The controlled substances in the benzodiazepine structural class include any of the following compounds, derivatives, their salts, isomers, or salts of isomers, halogen analogues, or homologues, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from 1,4-benzodiazepine by substitution at the 5-position with a phenyl ring system (which may itself be further substituted), whether or not the compound is further modified in any of the following ways: (1) By substitution at the 2-position with a ketone; (2) By substitution at the 3-position with a hydroxyl group or ester group, which itself may be further substituted;
1118
JOURNAL OF THE HOUSE
(3) By a fused triazole ring at the 1,2- position, which itself may be further substituted; (4) By a fused imidazole ring at the 1,2- position, which itself may be further substituted; (5) By a fused oxazolidine ring at the 4,5- position, which itself may be further substituted; (6) By a fused oxazine ring at the 4,5- position, which itself may be further substituted; (7) By substitution at the 7-position with a nitro group; (8) By substitution at the 7-position with a halogen group; or (9) By substitution at the 1-position with an alkyl group, which itself may be further substituted. (b)(c) The State Board of Pharmacy may except by rule any compound, mixture, or preparation containing any depressant, stimulant, or hallucinogenic substance listed in subsection (a) or (b) of this Code section from the application of all or any part of this article if the compound, mixture, or preparation contains one or more active, medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant or stimulant effect on the central nervous system."
SECTION 4. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by revising paragraphs (115.3), (323), (562), (563), and (851.02) of subsection (b) as follows:
"(115.3) Budesonide -- See exceptions;" "(323) Doxylamine succinate;" "(562) Meprednisone Mepivacaine; (563) Mepivacaine Meprednisone;" "(851.02) Salvinorin A Reserved;"
SECTION 5. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by adding new paragraphs to subsection (b) to read as follows:
"(19.57) Alectinib;" "(19.76) Alirocumab;" "(66.7) Asfotase;" "(69.2) Avibactam;" "(107.2) Brexpaprazole;" "(131.5) Cangrelor;" "(143.5) Cariprazine;" "(190.3) Cholic Acid;" "(207.7) Cobimetinib;"
THURSDAY, FEBRUARY 18, 2016
1119
"(236.5) Daclatasvir;" "(240.4) Daratumumab;" "(243.7) Deferiprone;" "(247.8) Deoxycholic Acid;" "(295.5) Dinutuximab;" "(330.7) Edoxaban;" "(331.059) Elotuzumab;" "(380.4) Evolocumab;" "(386.1) Filgrastim-SNDZ;" "(387.7) Flibanserin;" "(464.15) Idarucizumab;" "(474.3) Insulin degludec;" "(495.5) Isavuconazonium;" "(506.72) Ivabradine;" "(506.95) Ixazomib;" "(513.74) Lenvatinib;" "(513.77) Lesinurad;" "(531.4) Lumacaftor;" "(562.5) Mepolizumab;" "(638.47) Necitumumab;" "(665.55) Osimertinib;" "(681.35) Palbociclib;" "(685.65) Panobinostat;" "(692.29) Patiromer;" "(844.8) Rolapitant;" "(849.7) Sacubitril;" "(852.05) Sebelipase;" "(852.4) Secukinumab;" "(853.7) Selexipag;" "(882.3) Sonidegib;" "(903.17) Sugammadex;" "(930.98) Talimogene;" "(967.56) Tipiracil;" "(973.6) Trabectedin;" "(1021.1) Uridine;"
SECTION 6. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by adding a new subsection to read as follows:
"(b.1) A 'restricted dangerous drug' means any other drug or substance declared by the General Assembly to have no medical use, which cannot be legally prescribed by a practitioner, and which cannot be manufactured, grown, produced, distributed, used, or otherwise possessed in this state; to include any of the following drugs, chemicals, or
1120
JOURNAL OF THE HOUSE
substances; salts, isomers, esters, ethers, or derivatives of such drugs, chemicals, or substances which have essentially the same pharmacological action; and all other salts, isomers, esters, ethers, and compounds of such drugs, chemicals, or substances unless specifically exempted, identified as 'restricted dangerous drugs':
(1) Salvinorin A; and (2) Salvia divinorum except as otherwise provided for in paragraph (4.3) of Code Section 16-13-72. This subsection shall not prohibit a person from possessing a restricted dangerous drug for the purpose of conducting research approved by the federal Food and Drug Administration."
SECTION 7. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by adding a new paragraph to subsection (c) to read as follows:
"(6.1) Budesonide when used as a nasal spray in doses up to 32 mcg per spray;"
SECTION 8. Said chapter is further amended by revising Code Section 16-13-79, relating to violations of the "Dangerous Drug Act," as follows:
"16-13-79. (a) Except as provided in subsections (b), (c), and (d), and (e) of this Code section, any person who violates this article shall be guilty of a misdemeanor. (b) Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both. (c) Any person who distributes or possesses with the intent to distribute to any person under 18 years of age nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished for not less than two years nor more than six years or by a fine not to exceed $10,000.00 or both. (d) This article shall not apply to any person who possesses, distributes, sells, or uses nitrous oxide for food preparation in a restaurant, for food service, or in household products. (e) Any person who knowingly distributes or resells any nonprescription injectable insulin product which was first obtained through an over-the-counter sale made to a patient from any pharmacy, practitioner, or other source shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than two years nor more than five years or by a fine not to exceed $10,000.00 or both. All such
THURSDAY, FEBRUARY 18, 2016
1121
injectable insulin distributed or sold in this manner is considered to be an adulterated dangerous drug and unsalable, making it subject to seizure under the laws of this state."
SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower
Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 Y Turner
VACANT 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
1122
JOURNAL OF THE HOUSE
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 927. By Representatives Coomer of the 14th, Willard of the 51st, Dickey of the 140th, Nimmer of the 178th, Rogers of the 10th and others:
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts; to amend Chapter 6 of Title 5, Part 7 of Article 1 of Chapter 1 of Title 7, Chapter 6 of Title 9, Chapter 2 of Title 21, Article 3 of Chapter 4 of Title 23, Chapter 2 of Title 44, and Code Section 48-5-17, relating to certiorari and appeals to appellate courts generally, receivership powers and procedures generally, extraordinary writs, elections and primaries generally, decrees, recordation and registration of deeds and other instruments, and proceedings to determine county entitled to return and payment; to amend Chapter 2 of Title 15 of the O.C.G.A., relating to the Supreme 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 Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to enact reforms recommended by the Georgia Appellate Jurisdiction Review Commission relating to appellate court efficiencies; to improve law assistant selection for the appellate courts; to provide the Court of Appeals with greater procedural flexibility in its decisional process; to transfer jurisdiction over certain appeals in civil cases from the Supreme Court to the Court of Appeals; to amend the Official Code of Georgia Annotated, so as to conform appellate references; to amend Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to the Supreme Court, so as to increase the number of Supreme Court Justices and provide for their appointment and election; to change provisions relating to reversals and affirmance; to change provisions relating to the terms of court; to provide for effective dates and a contingent 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:
PART I SECTION 1-1.
THURSDAY, FEBRUARY 18, 2016
1123
This Act shall be known and may be cited as the "Appellate Jurisdiction Reform Act of 2016."
SECTION 1-2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-2-19, relating to law assistants, as follows:
"15-2-19. The Justices of the Supreme Court are shall be authorized to appoint law assistants for the use of the court and to remove them at pleasure. The law assistants shall have been admitted to the bar of this state as practicing attorneys; provided, however, that an individual who graduated from law school but who is not a member of the bar of this state may be appointed as a law assistant so long as he or she is admitted to the bar of this state within one year of such appointment. It shall be the duty of the law assistants to attend all sessions of the court, if so ordered, and generally to perform the duties incident to the role of law assistant."
SECTION 1-3. Said title is further amended by revising subsection (a) of Code Section 15-3-9, relating to law assistants, as follows:
"(a) The Judges of the Court of Appeals are shall be authorized to appoint law assistants for the use of the court and to remove them at pleasure. Each law assistant of the Court of Appeals shall have been admitted to practice law in the bar of this state as a practicing attorney; provided, however, that an individual who graduated from law school but who is not a member of the bar of this state may be appointed as a law assistant so long as he or she is admitted to the bar of this state within one year of such appointment."
PART II SECTION 2-1.
Said title is further amended by revising Code Section 15-3-1, relating to the composition, divisions, how cases are heard, and decisions overruled, quorum, oral arguments, and assistance of other judges, as follows:
"15-3-1. (a) Composition. The Court of Appeals shall consist of 15 Judges who shall elect one of their number as Chief Judge, in such manner and for such time as may be prescribed by rule or order of the court. (b) Divisions. The court shall sit in divisions composed of three Judges in each division. Two Judges shall constitute a quorum of a division. The assignment of Judges to each division shall be made by the Chief Judge, and the personnel of the divisions shall from time to time be changed in accordance with rules prescribed by the court. The Chief Judge shall designate the Presiding Judges of the divisions and shall, under
1124
JOURNAL OF THE HOUSE
rules prescribed by the court, distribute the cases among the divisions in such manner as to equalize their work as far as practicable. (c) How cases heard.
(1) Each Except as provided in paragraph (2) of this subsection, each division shall hear and determine, independently of the others, the cases assigned to it, except that the division next in line in rotation and a seventh Judge shall participate in the determination of each case in which there is a dissent in the division to which the case was originally assigned. Two Judges shall constitute a quorum of a division. (2) In all cases which involve one or more questions which, in the opinion of the majority of the Judges of the division or of the two divisions plus a seventh Judge to which a case is assigned, should be passed upon by all the members of the court, the questions may be presented to all the members of the court; and if a majority of all the members of the court decide that the question or questions involved should, in their judgment and discretion, be decided by all the members of the court, the case shall be passed upon by all the members of the court, provided that a majority of the Judges passing upon the case concur in the judgment. (3) In neither class of cases referred to in this subsection shall there be oral argument except before the division to which the cases are originally assigned. (2) The Court of Appeals may provide by rule for certain cases to be heard and determined by more than a single division and the manner in which those Judges will be selected for such cases. When a case is heard and determined by more than a single division, nine Judges shall be necessary to constitute a quorum. (d) How decision overruled. It being among the purposes of this Code section to avoid and reconcile conflicts among the decisions made by less than all of the Judges on the court and to secure more authoritative decisions, it is provided that when two divisions plus a seventh Judge sit as one court the court may, by the concurrence of a majority, overrule any previous decision in the same manner as prescribed for the Supreme Court. As precedent, a decision by such court with a majority concurring shall take precedence over a decision by any division or two divisions plus a seventh Judge. A decision concurred in by all the Judges shall not be overruled or materially modified except with the concurrence of all the Judges. (e) Quorum. When all the members of the court are sitting together as one court, eight Judges shall be necessary to constitute a quorum. In all cases decided by such court as a whole by less than 15 Judges, the concurrence of at least eight shall be essential to the rendition of a judgment. (d) Decisions as precedent. The Court of Appeals shall provide by rule for the establishment of precedent and the manner in which prior decisions of the court may be overruled. (f)(e) Oral arguments. The Court of Appeals may hear oral arguments at places other than the seat of government. Reasonable notice shall be given of such hearings. (g)(f) Assistance of other judges; procedure. Whenever the court unanimously determines that the business of the court requires the temporary assistance of an additional judge or additional judges or one additional panel, the court may request the
THURSDAY, FEBRUARY 18, 2016
1125
assistance of senior appellate judges as provided in Chapter 3A of this title or senior superior court judges as provided in Code Section 47-23-101. The Judge whose case assignment is transferred to the additional judge shall not vote on the case."
PART III SECTION 3-1.
Said title is further amended by adding a new Code section to read as follows: "15-3-3.1. (a) Pursuant to Article VI, Section VI, Paragraph III of the Constitution of this state, the Court of Appeals rather than the Supreme Court shall have appellate jurisdiction in the following classes of cases: (1) Cases involving title to land; (2) All equity cases, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (3) All cases involving wills; (4) All cases involving extraordinary remedies, except those cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (5) All divorce and alimony cases; and (6) All other cases not reserved to the Supreme Court or conferred on other courts. (b) This Code section shall not otherwise affect the jurisdiction of the Supreme Court or the Court of Appeals."
SECTION 3-2. Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts generally, is amended by revising Code Section 5-6-14, relating to execution of extraordinary orders of the Supreme Court, as follows:
"5-6-14. When judgments are rendered in the Supreme Court on appeal in injunction or other extraordinary cases, the judges of the superior courts may give immediate effect to such judgments."
SECTION 3-3. Part 7 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to receivership powers and procedures generally, is amended by revising Code Section 7-1-155, relating to injunction to restrain department, as follows:
"7-1-155. Any financial institution of whose business or property the department has taken possession as receiver may, at any time within ten days after the department has become receiver, apply to the principal court for an order requiring the department to show cause why it should not be enjoined from continuing as receiver. Service may be
1126
JOURNAL OF THE HOUSE
made in such action by serving the commissioner personally or by leaving a copy with the deputy in charge of his or her office in the department or by serving the deputy receiver appointed by the department to manage the affairs of such financial institution. The court shall, after a hearing upon the merits, either dismiss the application or order the department to surrender to the financial institution possession of its business and property; but no such injunction shall issue where the department has been appointed receiver by action of a court of competent jurisdiction or by action of the financial institution itself, in accordance with this chapter. Such application for injunction may in the discretion of the court be heard at any time after service as provided in this Code section, with the right to by either party by to appeal, as in other cases of applications for temporary injunction, to carry said case to the Supreme Court for review."
SECTION 3-4. Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, is amended by revising Code Section 9-6-1, relating to final judgment prerequisite to appeal, as follows:
"9-6-1. No appeal as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court until there has been a final judgment in the trial court. The grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases."
SECTION 3-5. Said chapter is further amended by revising Code Section 9-6-28, relating to appeal, as follows:
"9-6-28. (a) Upon refusal of the court to grant the mandamus nisi, the applicant may appeal to the Supreme Court, as in other cases. Either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise appeal. (b) Mandamus cases shall be heard in the Supreme Court on appeal under the same laws and rules as apply to injunction cases."
SECTION 3-6. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising subsection (c) of Code Section 21-2-171, relating to review and appeal of denial of nomination petitions, as follows:
"(c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office of such officer upon an application for a writ of mandamus to compel the granting of such petition. The application for such writ of mandamus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable; and notice thereof shall be served with a copy of such application upon the officer with whom the
THURSDAY, FEBRUARY 18, 2016
1127
nomination petition was filed and upon the petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose, shall hear the case. If after such hearing the said court shall find that the decision of the officer was erroneous, it shall issue its mandate to the officer to correct his or her decision and to grant the nomination petition. From any decision of the superior court an appeal may be taken within five days after the entry thereof to the Supreme Court. It shall be the duty of the Supreme Court appellate court to fix the hearing and to announce its decision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot if the court should so determine."
SECTION 3-7. Said chapter is further amended by revising Code Section 21-2-528, relating to appeals from court's determination on contest petition, as follows:
"21-2-528. An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the Supreme Court appellate court for a stay or supersedeas, and such court shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases."
SECTION 3-8. Article 3 of Chapter 4 of Title 23 of the Official Code of Georgia Annotated, relating to decrees, is amended by revising Code Section 23-4-33, relating to decree in will or contract matters, as follows:
"23-4-33. When it becomes impossible to carry out any last will and testament in whole or in part, and in all matters of contract, the judges of the superior courts shall have power to render any decree that may be necessary and legal, provided that all parties in interest shall consent thereto in writing and there shall be no issue as to the facts or, if there is such an issue, that there shall be a like consent in writing that the judge presiding may hear and determine such facts, subject to a review by the Supreme Court on appeal, as in other cases. In all cases where minors are interested, the consent of the guardian at law or the guardian ad litem shall be obtained before the decree is rendered."
SECTION 3-9. Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, is amended by revising Code Section 442-84, relating to review by Supreme Court, as follows:
"44-2-84. All judgments and decrees of the superior court or the judge thereof which are rendered under this article shall be subject to review by the Supreme Court of Appeals."
1128
JOURNAL OF THE HOUSE
SECTION 3-10. Said chapter is further amended by revising subsections (e) and (f) of Code Section 44-2103, relating to examiner's powers and appeal, as follows:
"(e) The right to grant a new trial upon any issue submitted to a jury and the right of appeal to the Supreme Court shall be as provided for in Code Sections 5-6-37 through 5-6-44, 5-6-48, and 5-6-49. (f) The judge may refer or recommit the record to the examiner in like manner as auditor's reports may be recommitted or he or she may on his or her own motion recommit it to the same or any other examiner for further information and report. Where When an exception or exceptions to the examiner's report have been sustained by the court or by verdict on the trial of an issue of fact or where the Supreme Court when the appellate court reverses the judgment of the trial court, it shall not be necessary for the trial court to recommit the case to an examiner, but the judge shall proceed to enter a decree in accordance with the law and the facts as thus established and appearing from the record; provided, however, that if the judge, in his or her discretion, is of the opinion that it is in the interests of truth and justice that a recommitment to an examiner should be made, he the judge may, upon the motion of any party or on his or her own motion, order a recommitment of the whole case or any part thereof or for the taking of additional testimony upon any matter which the court deems necessary to the rendition of a true and correct decree."
SECTION 3-11. Said chapter is further amended by revising subsection (b) of Code Section 44-2-136, relating to cancellation of mortgage, as follows:
"(b) If the holder of the mortgage, certificate of indebtedness, or any lien, equity, encumbrance, lis pendens, or other similar matter relating to the registered land or any interest therein refuses to give the requisite authority for the cancellation thereof if and when the debt has been paid or no longer exists or when it is no longer legal and equitable that the registered title should be encumbered by the same, any person adversely affected may petition the court for an involuntary cancellation of the same. In such case, the judge shall cause a rule nisi to be served upon such holder requiring him or her to show cause on a day set, which day shall be not less than 30 days from the date the rule was served, why the mortgage, certificate of indebtedness, lien, or other encumbrance on the registered title should not be canceled. The petition and rule nisi shall be served personally on such holder at least 15 days before the date set for the hearing if such service be practical; but, where when it is made to appear to the court that personal service cannot be practically effected, the judge may pass an order providing how the service shall be made. In case the holder is not a resident of this state or is unknown, service by publication shall be made upon the order of the judge in the manner prescribed in Code Section 9-11-4. In case of minors and persons of unsound mind, guardians ad litem shall be appointed. If any issue of fact as to the right of the petition to have the cancellation made appears, such issue shall, upon demand of either party, be tried by jury, with right of the judge to grant a new trial. If it appears
THURSDAY, FEBRUARY 18, 2016
1129
that the registered title should be freed from the encumbrance, the court shall decree accordingly and order the cancellation noted upon the certificate of title. The judge shall have power by attachment for contempt, if necessary, to compel the holder of the mortgage certificate of indebtedness or other instrument to surrender it for cancellation. The Supreme Court shall have jurisdiction for the correction of errors in the trial court."
SECTION 3-12. Code Section 48-5-17 of the Official Code of Georgia Annotated, relating to proceedings to determine county entitled to return and payment, is amended by revising paragraph (3) of subsection (a) as follows:
"(3) The proceedings under this Code section shall be the same in all respects as in other actions seeking equitable relief except that the petition shall be triable at the first term of the court and, as in other cases, shall be reviewed by on appeal to the Supreme Court of Georgia."
SECTION 3-13. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Court of Appeals and the Supreme Court" with "Court of Appeals or the Supreme Court" wherever such term occurs in: (1) Code Section 5-7-1, relating to orders, decisions, or judgments appealable and the defendant's right to cross appeal; (2) Code Section 31-14-8.2, relating to appeals from orders of superior court or hearing examiner, costs, and right to counsel; (3) Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (4) Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys; and (5) Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner.
SECTION 3-14. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Court of Appeals, and the Supreme Court" with "Court of Appeals, or the Supreme Court" wherever such term occurs in: (1) Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (2) Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys; (3) Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner.
PART IV SECTION 4-1.
1130
JOURNAL OF THE HOUSE
Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to the Supreme Court, is amended by revising Code Section 15-2-1.1, relating to the number of justices, as follows:
"15-2-1.1. The Supreme Court shall consist of seven nine Justices."
SECTION 4-2. Said chapter is further amended by revising Code Section 15-2-10, which is reserved, as follows:
"15-2-10. The additional justiceships created in 2016 shall be appointed by the Governor for a term beginning January 1, 2017, and continuing through December 31, 2018, and until their successors are elected and qualified. Their successors shall be elected in the manner provided by law for the election of Supreme Court Justices at the nonpartisan judicial election in 2018, for a term of six years beginning on January 1, 2019, and until their successors are elected and qualified. Future successors shall be elected at the nonpartisan judicial election each sixth year after such election for terms of six years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Reserved."
SECTION 4-3. Said chapter is further amended by revising subsection (a) of Code Section 15-2-16, relating to reversal and affirmance, as follows:
"(a) In all cases decided by the Supreme Court, the concurrence of a majority of the Justices shall be essential to a judgment of reversal. If the Justices are evenly divided, the judgment of the court below shall stand affirmed. In all cases decided by the court, with at least a quorum but less than seven nine Justices, the concurrence of at least four five shall be essential to the rendition of a judgment; and, if only four Justices act upon a case and they are evenly divided, the case shall be reargued before a full bench, if possible, before the term closes; and, if not possible, the judgment of the court below shall stand affirmed."
PART V SECTION 5-1.
Said chapter is further amended by revising Code Section 15-2-4, relating to place of sessions and terms of court, as follows:
"15-2-4. (a) The Supreme Court shall sit at the seat of government. (b) Unless the Supreme Court by rule or order chooses to extend its terms of court, the terms shall be as follows:
(1) December January term beginning the first Monday in January December; (2) April term beginning the third first Monday in April; and
THURSDAY, FEBRUARY 18, 2016
1131
(3) August September term beginning the first Monday in September August. (c) Each term shall continue until the business for that term has been disposed of by the court, provided that, unless sooner closed by order of the court, the September August term shall end on December 16 November 18, the January December term shall end on April 14 March 31, and the April term shall end on July 31 17. No judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term. Disposition of first-term cases may be made during nonterm periods."
PART VI SECTION 6-1.
(a) Except as provided in subsections (b), (c), (d), and (e) 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, 2016. (c) Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date. (d) Part IV of this Act shall only become effective if funds are appropriated for the purpose of Part IV of this Act in an appropriations Act enacted at the 2016 regular session of the General Assembly. If funds are so appropriated, then Part IV of this Act shall become effective on July 1, 2016, for purposes of making the initial appointments of the Supreme Court Justices created by this Act, and for all other purposes Part IV of this Act shall become effective on January 1, 2017. If funds are not so appropriated, then Part IV of this Act shall not become effective and shall stand repealed on July 1, 2016. (e) Part V of this Act shall become effective on December 5, 2016, and upon such date the December term of court shall begin as provided by this Act; provided, however, that the term of court which began on the first Monday in September, 2016, under the former provisions of Code Section 15-2-4 shall end on December 16, 2016.
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:
N Abrams N Alexander N Allison
Atwood Y Ballinger
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh
Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower
Y Mitchell Y Morris N Mosby Y Nimmer N Nix
Y Smith, L N Smith, M Y Smith, R Y Smyre Y Spencer
1132
JOURNAL OF THE HOUSE
Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K N Bennett, T Y Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick N Brockway E Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A N Carter, D N Casas Y Chandler Y Cheokas Y Clark, D
Clark, H Y Clark, V Y Coleman N Cooke
Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon
Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming Y Floyd N Fludd N Frazier Y Frye Y Gardner
Gasaway Y Gilligan N Glanton Y Golick N Gordon Y Gravley Y Greene Y Harden
Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley Y Jackson 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 Lott Y Lumsden N Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall N McClain Y Meadows
Metze
Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims N Smith, E
N Stephens, M Y Stephens, R N Stephenson
Stovall E 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
VACANT 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 Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 120, nays 45.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 826. By Representatives Price of the 48th, Cooper of the 43rd, Rynders of the 152nd, Hawkins of the 27th, Belton of the 112th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice relative to physicians, assistants, and others, so as to provide for certain requirements for advertisement or publication of representations of board certification by physicians; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
THURSDAY, FEBRUARY 18, 2016
1133
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 relative to physicians, assistants, and others, so as to provide for certain requirements for advertisement or publication of representations of board certification by physicians; to provide for disciplinary action as a result of violations; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice relative to physicians, assistants, and others, is amended by adding a new Code section to read as follows:
"43-34-22.1. (a) No physician shall advertise or hold himself or herself out to the public in any manner as being certified or board certified in any specialty or subspecialty by a public or private board, including, but not limited to, a multidisciplinary board, unless:
(1) The advertisement or publication states the full name of the certifying board; and (2) Such certifying board either:
(A) Is a member board of the American Board of Medical Specialties or the American Osteopathic Association; or (B) Requires successful completion of a postgraduate training program approved by the Accreditation Commission for Graduate Medical Education or the American Osteopathic Association that provides complete training in the specialty or subspecialty certified, followed by prerequisite certification by the American Board of Medical Specialties or the American Osteopathic Association board for that training field, and further successful completion of an examination in the specialty or subspecialty certified. (b) The board may take any disciplinary action provided under subsection (b) of Code Section 43-34-8 upon a finding of any conduct in violation of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
1134
JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 Y Turner
VACANT 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 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following communication was received:
House of Representatives Coverdell Legislative Office Building
Room 511-G Atlanta, Georgia 30334
February 18, 2016
THURSDAY, FEBRUARY 18, 2016
1135
Dear Clerk's Office,
I am currently having problems with my voting machine in the House Chamber and I would like to vote. Thank you for your attention to this matter. The bills missed were HB 745, 783, 927, and 826. I would like to vote Yes on all bills listed.
Sincerely,
/s/ Marie Metze Representative Marie Metze District 55
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 879. By Representatives Taylor of the 79th, Reeves of the 34th, Stephens of the 164th, Beskin of the 54th and Marin of the 96th:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary educational programs, so as to provide for the issuance of a seal of biliteracy for high school graduates who have achieved a high level of proficiency in speaking, reading, and writing one or more languages in addition to English; to provide for criteria; to provide for participation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Taylor of the 79th offers the following amendment:
Amend HB 879 (LC 40 1020) by replacing lines 28-39 with the following: (2) Proficiency in one or more languages other than English, demonstrated by passing a foreign language advanced placement examination with a score of 4 or higher or an international baccalaureate examination with a score of 5 or higher; provided, however, that for languages in which an advanced placement examination is not available, the Department of Education may provide a listing of equivalent summative examinations that local school systems may use in place of such an advanced placement examination.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
1136
JOURNAL OF THE HOUSE
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
VACANT 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 168, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 847. By Representatives Clark of the 98th, Willard of the 51st, Golick of the 40th, Thomas of the 39th, Cooper of the 43rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 9 of Title 16 and Article 1 of Chapter 4 of Title 49 of the O.C.G.A., relating to fraud and related offenses and general provisions relative to public assistance,
THURSDAY, FEBRUARY 18, 2016
1137
respectively, so as to redesignate Code Section 49-4-15, relating to fraud in obtaining public assistance, food stamps, or Medicaid, penalties, and recovery of overpayments, as new Code Section 16-9-63; to revise terminology in said Code Section 16-9-63; to reserve the Code Section 49-415 designation; to revise Article 7 of Chapter 8 of Title 34 and Chapter 7A of Title 48 of the O.C.G.A., relating to benefits relative to employment security and tax credits; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A N Carter, D 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 N Douglas N Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd N Fludd N Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick N Gordon Y Gravley Y Greene Y Harden
Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard N Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. N Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra Y Marin E Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows N Metze
Y Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice 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 Y Smyre Y Spencer
Stephens, M Y Stephens, R N 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
VACANT Y Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker
1138
JOURNAL OF THE HOUSE
On the passage of the Bill, the ayes were 140, nays 26.
The Bill, having received the requisite constitutional majority, was passed.
HB 777. By Representatives Dudgeon of the 25th, Coleman of the 97th and Parsons of the 44th:
A BILL to be entitled an Act to amend Code Section 40-6-165 of the Official Code of Georgia Annotated, relating to operation of school buses, so as to allow school bus drivers to use cellular telephones in a similar manner as a two-way radio; 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 40-6-165 of the Official Code of Georgia Annotated, relating to operation of school buses, so as to allow school bus drivers to use cellular telephones in a
similar manner as a two-way radio; 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 40-6-165 of the Official Code of Georgia Annotated, relating to operation of school buses, is amended by revising subsection (e) as follows:
"(e) The driver of a school bus shall not use or operate a cellular telephone while the bus is in motion, unless it is being used in a similar manner as a two-way radio to allow live communication between the driver and school officials or public safety officials and in accordance with the provisions of paragraph (2) of subsection (b) and of subsection (c) of Code Section 40-6-241.2."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 18, 2016
1139
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 Lott Y Lumsden Y Mabra Y Marin E Martin
Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 772. By Representatives Clark of the 147th, Brockway of the 102nd, Harden of the 148th, Epps of the 144th, Hightower of the 68th and others:
A BILL to be entitled an Act to amend Code Section 21-2-385 of the Official Code of Georgia Annotated, relating to procedure for voting by absentee ballot and advance voting, so as to revise the period of time for advance voting with regard to Saturday voting; to provide for related matters; to repeal conflicting laws; and for other purposes.
1140
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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Dunahoo E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Taylor, T Y Teasley
Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT 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 0.
The Bill, having received the requisite constitutional majority, was passed.
The following communications were received:
House of Representatives Coverdell Legislative Office Building, Room 511 B
Atlanta, Georgia 30334
THURSDAY, FEBRUARY 18, 2016
1141
Would like to vote Yes on HB 772. Pushed Yes it did not register.
Also I made a mistake on HB 847. Wanted to vote No instead of Yes. Thank you.
/s/ Rep. "Able" Mable Thomas
House of Representatives Coverdell Legislative Office Building
Room 401 Atlanta, Georgia 30334
February 18, 2016
Ref: HB 777 and HB 772
Subject: Recording of Votes
To: Clerk's Office
Please record a "Yea" vote for HB 777 and HB 772. I was unable to cast a vote due to being called to the ropes by constituents.
Please do not hesitate to contact me should you require further information.
Sincerely,
/s/ Emory Dunahoo, Jr. Representative Emory Dunahoo Jr. District 30
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 876. By Representatives Pirkle of the 155th, McCall of the 33rd, England of the 116th, Powell of the 32nd, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, so as to update license and surety requirements of livestock dealers and livestock market operators; to provide for publication of duly licensed dealers and operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; to repeal conflicting laws; and for other purposes.
1142
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston
Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT 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 162, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
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
THURSDAY, FEBRUARY 18, 2016
1143
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.
The following Committee substitute was read and adopted:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Accountability, Change Management, and Process Improvement Act of 2016."
SECTION 2. Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to information technology, is amended by revising Code Section 50-29-3, which was previously reserved, as follows:
"50-29-3. Reserved (a) The General Assembly finds that:
(1) As Georgia's state government seeks to provide improved service at a lower cost to its citizens and technology continues to play an increased role in service delivery, the pace of change for state agencies, boards, authorities, and commissions will continue to increase; (2) Programs that involve significant expenditures or major changes for large numbers of Georgia residents should each be backed by a strong business case at its launch; (3) Research has consistently shown that projects with effective change management programs are significantly more likely to be successful than projects with little or no change management programs and are significantly more likely to come in on time and on or under budget; and (4) Leading private businesses have grown and regularly utilize change management services to ensure that technological, organizational, and other changes are effectively implemented. (b)(1) All state agencies, boards, authorities, and commissions of the executive branch of state government shall provide a written business case for every information
1144
JOURNAL OF THE HOUSE
technology project that exceeds $1 million in value. Such business case shall include at a minimum:
(A) A description of the business need for the project; (B) A budget for the project; (C) An estimate of its operational impacts; (D) A scan of available options to meet the business need; (E) An outline of the benefits of a successful implementation to the citizens of Georgia and an outline with time frames of anticipated benefits; (F) An analysis of the risks of not acting and how the proposed solutions will mitigate those risks; and (G) An assessment of business process improvement, the need for process improvement, and corresponding change management. (2) Written business cases for covered projects shall be provided to the Georgia Technology Authority at least 30 days prior to the request of any state funds or the issuance of any procurement documents for the project. The Georgia Technology Authority shall consult with the Department of Administrative Services and report to the Governor's Office of Planning and Budget on findings and recommendations. (c)(1) All state agencies, boards, authorities, and commissions of the executive branch of state government shall provide for a change management plan and resources necessary for plan execution for projects that exceed $1 million in value, projects that directly involve two or more state agencies, or service delivery changes in existing programs that significantly change existing business processes. (2) A change management plan and execution shall, at a minimum, incorporate: (A) A stakeholder analysis covering all impacted parties, including impacted groups, number of stakeholders impacted, type and degree of impact, and like areas and degree of resistance; (B) A change risk assessment; (C) Primary sponsors for the change program; (D) A change management program approach; and (E) A change management work plan for communication, coaching, training, sponsorship, and resistance management. (3) It is the intent of the General Assembly that agencies shall seek best practices with private or public sector experts when appropriate to develop and implement change management plans. Change management consulting should be independent of project implementation, and no consultant shall provide change management services on a project for which they are also providing implementation services. (4) Written change management plans for covered projects shall be delivered to the Governor's Office of Planning and Budget and the Georgia Technology Authority."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
THURSDAY, FEBRUARY 18, 2016
1145
The report of the Committee, which was favorable to the passage of the Bill, 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 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 Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
VACANT 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.
The following member was recognized during the period of Evening Orders and addressed the House:
1146
JOURNAL OF THE HOUSE
Representative Jordan of the 77th.
Pursuant to HR 1204, the House commended the Miss Georgia Peach Scholarship Pageant and congratulated the 2015 Georgia Peach Queens.
The following Resolutions of the House were read and adopted:
HR 1401. By Representatives Williams of the 119th, England of the 116th, McCall of the 33rd, Watson of the 172nd, Coleman of the 97th and others:
A RESOLUTION recognizing February 23, 2016, as Future Farmers of America Day at the state capitol; and for other purposes.
HR 1402. By Representatives Cooper of the 43rd, Clark of the 101st, Sims of the 123rd, Frazier of the 126th, Yates of the 73rd and others:
A RESOLUTION commending Georgia CORE and recognizing March 2, 2016, as Georgia CORE Day at the state capitol; and for other purposes.
HR 1403. By Representatives Raffensperger of the 50th, Dudgeon of the 25th, Willard of the 51st and Jones of the 47th:
A RESOLUTION commending the City of Johns Creek on its 10th anniversary, and being one of Georgia's newest cities, established as of December 1, 2006; and for other purposes.
HR 1404. By Representatives Corbett of the 174th, Carter of the 175th, Shaw of the 176th, Watson of the 172nd, Rhodes of the 120th and others:
A RESOLUTION commending the Clinch County Panthers football team on winning the 2015 Class A state championship; and for other purposes.
HR 1405. By Representatives Cooper of the 43rd, Clark of the 101st, Howard of the 124th, Jones of the 47th, Ramsey of the 72nd and others:
A RESOLUTION commending those that support persons diagnosed and living with Type 1 Diabetes and recognizing February 23, 2016, as Type 1 Diabetes Day at the state capitol; and for other purposes.
HR 1406. By Representatives Williams of the 119th, Ralston of the 7th, Rhodes of the 120th, Quick of the 117th, Frye of the 118th and others:
THURSDAY, FEBRUARY 18, 2016
1147
A RESOLUTION recognizing and commending Coach Kirby Smart upon his selection as head coach of the University of Georgia football team; and for other purposes.
HR 1407. By Representatives Powell of the 32nd, Jasperse of the 11th and McCall of the 33rd:
A RESOLUTION congratulating Marcia L. Williams upon the grand occasion of her retirement; and for other purposes.
HR 1408. By Representatives Stovall of the 74th, Scott of the 76th, Douglas of the 78th, Mabra of the 63rd, Glanton of the 75th and others:
A RESOLUTION recognizing Ms. Rosalind Sconiers; and for other purposes.
HR 1409. By Representatives Stovall of the 74th, Jordan of the 77th, Scott of the 76th, Mabra of the 63rd and Glanton of the 75th:
A RESOLUTION commending Ms. Eloise Scott Archibald; and for other purposes.
HR 1410. By Representatives Cantrell of the 22nd, Ballinger of the 23rd, Turner of the 21st, Caldwell of the 20th and Carson of the 46th:
A RESOLUTION commending Dr. Susan Zinkil and congratulating her upon being named Georgia Middle School Principal of the Year; and for other purposes.
HR 1411. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION recognizing and commending Denise Wilbanks, Jackson County Comprehensive High School and Jackson County School System Teacher of the Year; and for other purposes.
HR 1412. By Representatives Belton of the 112th and Dickerson of the 113th:
A RESOLUTION recognizing Ms. Kristin Bagwell as Alcovy High School Teacher of the Year and Newton County School System Teacher of the Year for 2016; and for other purposes.
1148
JOURNAL OF THE HOUSE
HR 1413. By Representatives Belton of the 112th and Dickerson of the 113th:
A RESOLUTION recognizing Mr. Bo Holder as South Salem Elementary Teacher of the Year and Newton County School System Elementary Teacher of the Year for 2016; and for other purposes.
HR 1414. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Stephen Bowles, Jackson County Comprehensive High School's 2016 STAR Teacher; and for other purposes.
HR 1415. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION recognizing and commending Ms. Suzanne Slaughter, the 2015-2016 Jefferson Elementary School Teacher of the Year and the 20152016 Jefferson City School System Teacher of the Year; and for other purposes.
HR 1416. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Dr. Fe Gladden, Heritage Academy's STAR Teacher; and for other purposes.
HR 1417. By Representative Belton of the 112th:
A RESOLUTION recognizing Ms. Melissa Brown as Morgan County Middle School Teacher of the Year and Morgan County School System Teacher of the Year for 2016; and for other purposes.
HR 1418. By Representatives Belton of the 112th and Dickerson of the 113th:
A RESOLUTION recognizing Ms. Amanda Angulo as Indian Creek Middle School Teacher of the Year and Newton County School System Middle School Teacher of the Year for 2016; and for other purposes.
HR 1419. By Representatives Carson of the 46th, Marin of the 96th, Williamson of the 115th, Meadows of the 5th, Wilkinson of the 52nd and others:
A RESOLUTION recognizing March 1, 2016, as Boy Scout Day at the state capitol; and for other purposes.
THURSDAY, FEBRUARY 18, 2016
1149
HR 1420. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Jeanne Herriman, East Jackson Comprehensive High School's 2016 STAR Teacher; and for other purposes.
HR 1421. By Representatives Williamson of the 115th, Houston of the 170th, Jones of the 47th, Burns of the 159th, Sims of the 123rd and others:
A RESOLUTION honoring the life of John Phinizy Stevens; and for other purposes.
HR 1422. By Representatives Corbett of the 174th, Carter of the 175th, Shaw of the 176th, Watson of the 172nd, Rhodes of the 120th and others:
A RESOLUTION recognizing and commending Coach Jim Dickerson, Class A Coach of the Year; and for other purposes.
HR 1423. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Courtney Holcombe, East Jackson Comprehensive High School's 2016 STAR Student; and for other purposes.
HR 1424. By Representatives Corbett of the 174th, Carter of the 175th, Shaw of the 176th, Watson of the 172nd, Rhodes of the 120th and others:
A RESOLUTION commending Chauncey Manac on his athletic accomplishments and congratulating him on signing a football scholarship with the University of Georgia; and for other purposes.
HR 1425. By Representative Scott of the 76th:
A RESOLUTION honoring the life and memory of Lillie Doris "Pie" Robinson-Stokes; and for other purposes.
HR 1426. By Representatives Tanner of the 9th, Epps of the 144th and Broadrick of the 4th:
A RESOLUTION commending Sierra Chafin, Emily Finesilver, Andrew Snider, Emily Smith, and Kelly White-Bryant of Lumpkin County High School; and for other purposes.
Representative Morris of the 156th District, Chairman of the Committee on Banks and Banking, submitted the following report:
1150
JOURNAL OF THE HOUSE
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 283 Do Pass
Respectfully submitted, /s/ Morris of the 156th
Chairman
Representative Martin of the 49th District, Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report:
Mr. Speaker:
Your Committee on Budget and Fiscal Affairs Oversight has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 851 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 49th
Chairman
Representative Fleming of the 121st District, Vice-Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 171 Do Pass, by Substitute HB 381 Do Pass, by Substitute
Respectfully submitted, /s/ Fleming of the 121st
Vice-Chairman
THURSDAY, FEBRUARY 18, 2016
1151
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 868 Do Pass
Respectfully submitted, /s/ Sims of the 123rd
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 923 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
Representative Burns of the 159th 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.
1152
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Friday, February 19, 2016
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 E Allison Atwood Ballinger Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Beskin Beverly Blackmon Broadrick Brockway E Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter, A Carter, D 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 Dukes E Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick Gordon Gravley Greene Harden
Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain
Meadows Metze Mitchell Morris Nimmer Nix Oliver Pak Parrish Peake Petrea E Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper E Shaw
Sims Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T E 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 Benton of the 31st, Floyd of the 99th, Mosby of the 83rd, Smyre of the 135th, Stephenson of the 90th, and Stover of the 71st.
FRIDAY, FEBRUARY 19, 2016
1153
They wished to be recorded as present.
Prayer was offered by Reverend Joey Grizzle, Senior Pastor, Buford Church of God, Buford, 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 communications were received:
House of Representatives Coverdell Legislative Office Building, Room 609
Atlanta, Georgia 30334
February 19, 2016
The Honorable Bill Reilly Clerk of the House of Representatives 307 State Capitol Atlanta, Georgia 30334
Dear Mr. Reilly:
During the vote on House Bill 777, my machine malfunctioned; I intended to cast a "yes" vote for the bill.
Sincerely,
/s/ Carolyn F. Hugley
House of Representatives State Capitol, Room 217 Atlanta, Georgia 30334
February 18, 2016
1154
JOURNAL OF THE HOUSE
Mr. Bill Reilly Clerk of the House 309 State Capitol Atlanta, GA 30334
Dear Mr. Clerk:
Would you please note the record that I intended to vote yes on H.B. 818 on Wednesday, February 17, 2016. The Speaker stopped voting before I could reach my machine.
Your assistance in this matter would be greatly appreciated.
Sincerely,
/s/ John Yates State Representative District 73
JY:dr
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 1044. By Representatives Corbett of the 174th, Carter of the 175th, Shaw of the 176th and Sharper of the 177th:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia providing for the election of the Board of Tax Assessors of Lowndes
FRIDAY, FEBRUARY 19, 2016
1155
County and thereby end the elective terms of members of the Board of Tax Assessors of Lowndes County on December 31, 2020; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1045. By Representatives Jones of the 62nd and Thomas of the 39th:
A BILL to be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for centralized reporting standards for use of force complaints; to provide for definitions; to provide for intents and purposes; to provide for the Georgia Bureau of Investigation's collection and analysis of use of force complaints received by law enforcement agencies; to require certain training exercises and equipment for certain officers of law enforcement agencies as a result of the analysis of use of force complaints; to mandate reporting of use of force complaints by certain prosecuting attorneys and staff; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 1046. By Representatives Jones of the 62nd, Dawkins-Haigler of the 91st, Smith of the 41st and Waites of the 60th:
A BILL to be entitled an Act to amend Code Section 16-13-2 of the O.C.G.A., relating to possession of marijuana and conditional discharge for possession of controlled substances as first offense and certain nonviolent property crimes, so as to provide that possession of one ounce or less of marijuana is not punishable by imprisonment; to amend Titles 15 and 16 and Code Section 17-7-72 of the O.C.G.A., relating to courts, crimes and offenses, and jurisdiction of probate courts to try certain drug and alcohol offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1047. By Representatives Smith of the 70th, Trammell of the 132nd, Ramsey of the 72nd and Stover of the 71st:
A BILL to be entitled an Act to amend an Act continuing the State Court of Coweta County, approved May 17, 2004 (Ga. L. 2004, p. 4260), so as to
1156
JOURNAL OF THE HOUSE
revise the terms of court of the State Court of Coweta County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1048. By Representatives Blackmon of the 146th, Harden of the 148th, Clark of the 147th, Dickey of the 140th and Epps of the 144th:
A BILL to be entitled an Act to repeal an Act creating the Houston County Commission on Children and Youth, approved April 14, 1997 (Ga. L.1997, p. 4177); to provide for the assets and liabilities thereof; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1049. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend an Act to provide for the Board of Public Education for the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to authorize members of the Board of Public Education for the City of Savannah and Chatham County to censure its members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1050. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to authorize members of the governing body of the City of Savannah to censure its members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1051. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and others:
FRIDAY, FEBRUARY 19, 2016
1157
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to provide for an additional power of the board to censure members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1052. By Representatives Holcomb of the 81st, Willard of the 51st, Weldon of the 3rd, Evans of the 42nd, Beskin of the 54th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for benefit corporations; to provide for definitions; to provide for the application of the business corporation Code; to provide for naming; to provide for stock certificates; to provide for amendments and transactions; to provide for duties and limitations of liability of directors of benefit corporations; to provide for annual benefit reports; to change provisions relating to definitions for foreign corporation; to change provisions relating to the right to dissent; to change provisions relating to the corporate name of a foreign corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 1400. By Representative Epps of the 144th:
A RESOLUTION honoring the life of Mr. Steven Charles Brack and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 1034 HB 1036 HB 1038 HB 1040 HB 1042 HR 1399 SB 282 SB 319
HB 1035 HB 1037 HB 1039 HB 1041 HB 1043 SB 270 SB 305
1158
JOURNAL OF THE HOUSE
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 1007 HB 1009 HB 1012 HB 1019 HB 1021 HB 1024 HB 1033
Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass
HB 1008 HB 1011 HB 1018 HB 1020 HB 1023 HB 1029
Do Pass Do Pass Do Pass Do Pass 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 768 Do Pass, by Substitute
Respectfully submitted, /s/ Weldon of the 3rd
Chairman
Representative Rice of the 95th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
FRIDAY, FEBRUARY 19, 2016
1159
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 290 Do Pass HB 736 Do Pass, by Substitute
HB 499 Do Pass, by Substitute HB 806 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 FRIDAY, FEBRUARY 19, 2016
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
Modified Open Rule
HB 751
General appropriations; State Fiscal Year July 1, 2016 - June 30, 2017 (Substitute)(App-Ralston-7th)
Modified Structured Rule
HB 579 HB 886 HB 902
Motor vehicles; operation of certain vehicles upon highways when used in connection with agricultural pursuits; provide (Substitute)(A&CA-McCall33rd) Pharmacy licenses; employing mails or common carriers to sell, distribute, and deliver prescription drugs; revise a provision (Substitute)(H&HSCooper-43rd) Hospitals and related institutions; educational information on influenza disease to residents of assisted living communities; provide (H&HSDempsey-13th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
1160
JOURNAL OF THE HOUSE
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 1007. By Representative Powell of the 171st:
A BILL to be entitled an Act to provide a new charter for the City of Pelham; to provide for incorporation, boundaries, and property of the city; 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.
HB 1008. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, 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 May 30, 2003 (Ga. L. 2003, p. 3695), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), an Act approved April 10, 2014 (Ga. L. 2014, p. 4267), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4063), so as to change the salary of the chief deputy clerk and the clerk of the State Court of Cobb County; to change the salary of the chief assistant solicitor 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 1009. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4046), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.
FRIDAY, FEBRUARY 19, 2016
1161
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1011. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4281), 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 repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1012. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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 April 10, 2014 (Ga. L. 2014, p. 4104), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4284), so as to change the salary of the clerk of the superior court, the deputy clerk, the executive assistant, and the executive secretary; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1018. By Representative Parrish of the 158th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an additional ad valorem tax for the purpose of realizing additional tax revenue to provide payment for the Candler County Hospital Authority's services and facilities; to provide for
1162
JOURNAL OF THE HOUSE
legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1019. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to authorize the Magistrate Court of Upson 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 repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1020. By Representatives Trammell of the 132nd and Nix of the 69th:
A BILL to be entitled an Act to provide a new charter for the City of Hogansville; to provide for incorporation and boundaries; 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.
HB 1021. By Representatives Yates of the 73rd and Knight of the 130th:
A BILL to be entitled an Act to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4527), so as to provide for the election of the county solicitor; to specify the requirements for holding the office of the county solicitor; to establish the office of the county solicitor as a full-time position; to designate the salary of the office of the county solicitor; to authorize the appointment of assistant county solicitors; 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.
FRIDAY, FEBRUARY 19, 2016
1163
HB 1023. 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 reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to change the compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1024. By Representatives Corbett of the 174th, Carter of the 175th, Sharper of the 177th and Shaw of the 176th:
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), an Act approved February 18, 1992 (Ga. L. 1992, p. 4536), and an Act approved May 6, 2015 (Ga. L. 2015, p. 3743), so as to provide for the election and terms of office of the mayor and councilmembers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1029. By Representatives Broadrick of the 4th, Dickson of the 6th and Tarvin of the 2nd:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Whitfield County; to provide for the appointment of a county surveyor by the governing authority of the county; to provide that the person currently serving as elected county surveyor shall serve the remainder of his or her term; 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 1033. By Representatives Evans of the 42nd, Ehrhart of the 36th, Carson of the 46th, Wilkerson of the 38th, Golick of the 40th and others:
1164
JOURNAL OF THE HOUSE
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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4050), so as to change the compensation of the judge of the probate court; to change the compensation of the clerk of the probate 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.
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
Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K
Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
Brockway E Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas
Clark, D
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 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 Gilligan Y Glanton
Golick
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Jones, J 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 Lott Y Lumsden Y Mabra Y Marin Martin Y Maxwell Y Mayo
Y Mitchell Y Morris
Mosby Y Nimmer
Nix Y Oliver Y Pak Y Parrish
Parsons Peake Y Petrea E Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler
Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall
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
VACANT Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
FRIDAY, FEBRUARY 19, 2016
1165
Y Clark, H Y Clark, V Y Coleman
Cooke
Y Gordon Y Gravley Y Greene Y Harden
Y McCall Y McClain Y Meadows Y Metze
Y Sharper E Shaw Y Sims Y Smith, E
Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bills, the ayes were 148, 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 277. By Senators Albers of the 56th, Bethel of the 54th, Ligon, Jr. of the 3rd, Shafer of the 48th, Millar of the 40th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to provide that neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose; 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 309. By Senators Jones of the 25th, Bethel of the 54th, Hill of the 6th, Jeffares of the 17th, Mullis of the 53rd 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 certain programs and activities under the "Quality Basic Education Act," so as to provide that high schools that receive state funding cannot participate in an athletic association which prohibits religious expression on the clothing of student athletes; to provide that high schools that receive state funding cannot participate in an athletic association which prohibits member schools from organizing and playing scrimmage matches, games, or other athletic competitions with nonmember schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 314. By Senators Unterman of the 45th, Hufstetler of the 52nd and Burke of the 11th:
1166
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise certain provisions relating to advanced nursing practice; to provide for changes to the roles and definitions of advanced nursing practice and advanced practice registered nurses; to provide for renewal of licenses; to revise certain criminal background check requirements; to provide that a criminal background check is part of the renewal process; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 329. By Senators Tippins of the 37th, Jones of the 25th, Ginn of the 47th and Orrock of the 36th:
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 expand provisions relating to awarding of high school diplomas based on certain dual credit coursework; to provide that students who earn high school diplomas based on postsecondary coursework meet the rigor requirements for HOPE scholarships; 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 277. By Senators Albers of the 56th, Bethel of the 54th, Ligon, Jr. of the 3rd, Shafer of the 48th, Millar of the 40th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to provide that neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose; 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 Industry and Labor.
SB 309. By Senators Jones of the 25th, Bethel of the 54th, Hill of the 6th, Jeffares of the 17th, Mullis of the 53rd 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 certain programs and activities under the "Quality Basic Education Act," so as to provide that high schools that receive state funding cannot participate in an
FRIDAY, FEBRUARY 19, 2016
1167
athletic association which prohibits religious expression on the clothing of student athletes; to provide that high schools that receive state funding cannot participate in an athletic association which prohibits member schools from organizing and playing scrimmage matches, games, or other athletic competitions with nonmember schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 314. By Senators Unterman of the 45th, Hufstetler of the 52nd and Burke of the 11th:
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 certain provisions relating to advanced nursing practice; to provide for changes to the roles and definitions of advanced nursing practice and advanced practice registered nurses; to provide for renewal of licenses; to revise certain criminal background check requirements; to provide that a criminal background check is part of the renewal process; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 329. By Senators Tippins of the 37th, Jones of the 25th, Ginn of the 47th and Orrock of the 36th:
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 expand provisions relating to awarding of high school diplomas based on certain dual credit coursework; to provide that students who earn high school diplomas based on postsecondary coursework meet the rigor requirements for HOPE scholarships; 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 Williams of the 119th, McClain of the 100th, Carter of the 175th, and Williams of the 168th.
1168
JOURNAL OF THE HOUSE
Pursuant to HR 1294, the House recognized Mr. Charley Humbard, president of UP TV, for his commitment to eradicate bullying in the State of Georgia and the nation.
Pursuant to HR 1071, the House honored the life and memory of Representative Harry C. Geisinger.
By order of the Committee on Rules, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on Transportation:
HR 1052. By Representative Cheokas of the 138th:
A RESOLUTION honoring the life of Mr. Thomas William Poole and dedicating a bridge in his memory; 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 886. By Representatives Cooper of the 43rd, Martin of the 49th, Smith of the 134th and Rogers of the 29th:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant pharmacy licenses, so as to revise a provision relating to employing the mails or common carriers to sell, distribute, and deliver prescription drugs; 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 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant pharmacy licenses, so as to revise a provision relating to employing the mails or common carriers to sell, distribute, and deliver prescription drugs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
FRIDAY, FEBRUARY 19, 2016
1169
SECTION 1.
Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant pharmacy licenses, is amended by revising paragraph (11) of subsection (a) as follows: "(11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; provided, however, that this provision shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to: (A) A patient or directly to a patient's guardian or caregiver or a physician or physician acting as the patient's agent for whom the prescription drug was prescribed if: (i) Such prescription drugs are prescribed for complex chronic, terminal, or rare conditions; (ii) Such prescription drugs require special administration, comprehensive patient training, or the provision of supplies and medical devices or have unique patient compliance and safety monitoring requirements; (iii) Due to the prescription drug's high monetary cost, short shelf life, special manufacturer specified packaging and shipping requirements or instructions which require temperature sensitive storage and handling, limited availability or distribution, or other factors, the drugs are not carried in the regular inventories of retail pharmacies such that the drugs could be immediately dispensed to multiple retail walk-in patients; (iv) Such prescription drug has an annual retail value to the patient of more than $10,000.00; (v) The patient receiving the prescription drug consents to the delivery of the prescription drug via expedited overnight common carrier and designates the specialty pharmacy to receive the prescription drug on his or her behalf; (vi) The specialty pharmacy utilizes a shipping method, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, recognized standards. The shipping method may include the use of temperature tags, time temperature strips, insulated packaging, or a combination of these; and (vii) The specialty pharmacy establishes and notifies the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs; and (viii) Except as otherwise provided in division (vi) of this subparagraph, the specialty pharmacy complies with the rules and regulations of the State Board of Pharmacy regarding delivery by mail; (B) An institution or to sell, distribute, or deliver prescription drugs, upon his or her request, to an enrollee in a health benefits plan of a group model health maintenance organization or its affiliates by a pharmacy which is operated by that same group model health maintenance organization and licensed under Code Section 26-4-110 or to a patient on behalf of a pharmacy. Any pharmacy using the mails or other common
1170
JOURNAL OF THE HOUSE
carriers to dispense prescriptions pursuant to this paragraph shall comply with the following conditions: (i) The pharmacy shall provide an electronic, telephonic, or written communications mechanism which reasonably determines whether the medications distributed by the mails or other common carriers have been received by the enrollee and through which a pharmacist employed by the group model health maintenance organization or a pharmacy intern under his or her direct supervision is enabled to offer counseling to the enrollee as authorized by and in accordance with his or her obligations under Code Section 26-4-85, unless the enrollee refuses such consultation or counseling pursuant to subsection (e) of such Code section. In addition, the enrollee shall receive information indicating what he or she should do if the integrity of the packaging or medication has been compromised during shipment; (ii) In accordance with clinical and professional standards, Except as otherwise provided in division (iii) of this subparagraph, the pharmacy complies with the rules and regulations of the State Board of Pharmacy regarding delivery by mail, including special conditions on the mailing of certain drugs and if necessary, restriction from delivery of certain substances by mail; provided, however, that the State Board of Pharmacy shall not promulgate a list of medications which may not be delivered by the mails or other common carriers. If, however, the State Board of Pharmacy bans a medication from being sold in this state, either over the counter or otherwise, then such medication shall not be delivered by mail. However, until such list is promulgated, the group model health maintenance organization shall not deliver by use of the mails or other common carriers Class II controlled substance medications, medications which require refrigeration, chemotherapy medications deemed by the federal Environmental Protection Agency as dangerous, medications in suppository form, and other Nothing herein shall require a dispensing pharmacy to deliver by mail those medications which, in the professional opinion of the dispensing pharmacist, may be clinically compromised by distribution through the mail or other common carriers; (iii) The pharmacy shall utilize a shipping method, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, recognized standards. The shipping method may include the use of temperature tags, time temperature strips, insulated packaging, or a combination of these; and (iv) The pharmacy shall establish and notify the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs. For purposes of this subparagraph, the term 'group model health maintenance organization' means a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefits plans of the health maintenance organization; or
FRIDAY, FEBRUARY 19, 2016
1171
(C) A pharmacist or pharmacy to dispense a prescription and deliver it to another pharmacist or pharmacy to make available for a patient to receive the prescription and patient counseling according to Code Section 26-4-85. The State Board of Pharmacy shall adopt any rules and regulations necessary to implement this subparagraph;"
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene 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 Jasperse Y Jones, J
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 Lott Y Lumsden Y Mabra Y Marin
Martin Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper E 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 N 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
VACANT 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
1172
JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, the ayes were 155, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 902. By Representatives Dempsey of the 13th, Clark of the 101st, Randall of the 142nd, Wilkinson of the 52nd, Hawkins of the 27th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for educational information on influenza disease to residents of assisted living communities; to provide for statutory construction; to provide that no cause of action is created; 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 Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler
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 N Dudgeon N Dukes E Dunahoo N Duncan Y Ealum Y Efstration Y Ehrhart Y England
Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan
N Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders
Y Smith, L 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 E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner
VACANT Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
FRIDAY, FEBRUARY 19, 2016
1173
Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman
Cooke
Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Harden
Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Scott Y Setzler Y Sharper E Shaw Y Sims Y Smith, E
Y Williams, A Y Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 140, nays 23.
The Bill, having received the requisite constitutional majority, was passed.
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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles with regard to uniform rules of the road, so as to permit the operation of certain vehicles on roads when used for agricultural or silvicultural purposes; to provide for restrictions and limitations; to provide for local restrictions; 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 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles with regard to uniform rules of the road, is amended by adding a new part to read as follows:
"Part 1A
40-6-305. (a) As used in this part, the term:
1174
JOURNAL OF THE HOUSE
(1) 'Farmer' means the owner of a commercial agricultural or silvicultural operation or an employee thereof. Such term shall also include any spouse, child, sibling, parent, grandparent, or grandchild of the owner of such operation. (2) 'Farm use vehicle' means an all-terrain vehicle or personal transportation vehicle. (b) A farmer who is 16 years of age or older may operate a farm use vehicle on any public road or highway of this state so long as: (1) Such vehicle has a properly affixed emblem conforming to the requirements of Code Section 40-8-4; and (2) Such vehicle is actively being operated by such farmer to transport: (A) Agricultural products, livestock, farm machinery, or farm supplies to or from a farm; or (B) Such farmer between his or her residence and the farm at which he or she works or between properties of such farm.
40-6-306. Every person operating a farm use vehicle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to the provisions of this chapter which by their nature can have no application.
40-6-307. Any municipality may prohibit the operation of farm use vehicles on public roads and highways within its jurisdiction if it is determined that such operation endangers the safety of the traveling public."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley
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 Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold
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
FRIDAY, FEBRUARY 19, 2016
1175
Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
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 Gilligan Y Glanton Y Golick
Gordon Y Gravley Y Greene Y Harden
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper E Shaw Y Sims Y Smith, E
Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT 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 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 751. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; 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:
1176
JOURNAL OF THE HOUSE
HOUSE COMMITTEE SUBSTITUTE A BILL TO BE ENTITLED AN ACT
To make and provide appropriations for the State Fiscal Year beginning July 1, 2016, and ending June 30, 2017; 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, 2016, and ending June 30, 2017, as prescribed hereinafter for such fiscal year:
Total Funds
$47,518,960,372
Federal Funds and Grants
$13,694,801,100
CCDF Mandatory and Matching Funds (CFDA 93.596)
$97,827,249
Child Care and Development Block Grant (CFDA 93.575)
$127,917,722
Community Mental Health Services Block Grant (CFDA 93.958)
$14,163,709
Community Service Block Grant (CFDA 93.569)
$16,735,414
Federal Highway Administration Highway Planning and Construction (CFDA $1,526,296,548
20.205)
Foster Care Title IV-E (CFDA 93.658)
$93,370,209
Low-Income Home Energy Assistance (CFDA 93.568)
$56,629,642
Maternal and Child Health Services Block Grant (CFDA 93.994)
$16,884,236
Medical Assistance Program (CFDA 93.778)
$6,984,046,523
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$47,733,582
Preventive Health and Health Services Block Grant (CFDA 93.991)
$2,403,579
Social Services Block Grant (CFDA 93.667)
$93,257,165
State Children's Insurance Program (CFDA 93.767)
$458,164,986
TANF Transfers to Social Services Block Grant (CFDA 93.558)
$7,649,069
Temporary Assistance for Needy Families Block Grant (CFDA 93.558)
$346,585,599
Federal Funds Not Specifically Identified
$3,805,135,868
Federal Recovery Funds
$88,453,853
Federal Recovery Funds Not Specifically Identified
$88,453,853
Other Funds
$6,162,089,205
Agency Funds
$3,425,838,989
Indigent Care Trust Fund - Public Hospital Authorities
$139,386,524
FRIDAY, FEBRUARY 19, 2016
Other Funds - Not Specifically Identified 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
1177
$407,944,280 $606,000
$2,188,313,412 $23,739,409,078
$1,325,935 $283,993,012 $1,073,563,561 $1,660,064,000 $167,969,114 $20,428,002,694 $124,490,762 $3,834,207,136 $3,294,877,137 $280,857,262 $42,311,804 $56,903,535 $159,257,398
Section 1: Georgia Senate Total Funds State Funds State General Funds
1.1. Lieutenant Governor's Office Total Funds State Funds State General Funds
$1,278,792 $1,278,792 $1,278,792
1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds
$1,170,326 $1,170,326 $1,170,326
1.3. Senate Total Funds State Funds State General Funds
$7,228,476 $7,228,476 $7,228,476
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.
$10,770,129 $10,770,129 $10,770,129
1178
Total Funds State Funds
State General Funds
JOURNAL OF THE HOUSE
$1,092,535 $1,092,535 $1,092,535
Section 2: Georgia House of Representatives Total Funds State Funds State General Funds
$19,363,581 $19,363,581 $19,363,581
2.1. House of Representatives
Total Funds
$19,363,581
State Funds
$19,363,581
State General Funds
$19,363,581
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$18,967,403
$18,967,403
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$388,481
$388,481
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$7,697
$7,697
Amount appropriated in this Act
$19,363,581
$19,363,581
Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds
$10,954,840 $10,954,840 $10,954,840
3.1. Ancillary Activities
Purpose: The purpose of this appropriation is to provide services for the
legislative branch of government.
Total Funds
$5,822,705
State Funds
$5,822,705
State General Funds
$5,822,705
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$5,777,046
$5,777,046
FRIDAY, FEBRUARY 19, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Amount appropriated in this Act
$45,659 $5,822,705
$45,659 $5,822,705
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
$1,321,603
State Funds
$1,321,603
State General Funds
$1,321,603
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,307,716
$1,307,716
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,953
$23,953
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($26,275)
($26,275)
Reflect an adjustment in TeamWorks billings.
$11,980
$11,980
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$4,229
$4,229
Amount appropriated in this Act
$1,321,603
$1,321,603
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
$3,810,532
State Funds
$3,810,532
State General Funds
$3,810,532
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 76) as amended
$3,457,331
$3,457,331
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$353,201
$353,201
Amount appropriated in this Act
$3,810,532
$3,810,532
1179
1180
JOURNAL OF THE HOUSE
Section 4: Audits and Accounts, Department of Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
$36,178,419 $35,838,419 $35,838,419
$340,000 $340,000
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
$30,935,484
State Funds
$30,595,484
State General Funds
$30,595,484
Intra-State Government Transfers
$340,000
Other Intra-State Government Payments
$340,000
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 76) as amended
$29,920,865
$30,560,865
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$682,774
$682,774
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($14,633)
($14,633)
Reflect an adjustment in TeamWorks billings.
$6,478
$6,478
Increase funds in order to conduct the financial audit,
$0
$0
Single Audit, and State Health Benefit Plan audit for the
Department of Community Health. (H:Yes; Utilize
existing funds to conduct the financial audit, Single
Audit, and State Health Benefit Plan audit for the
Department of Community Health.)
Redirect existing funds to comply with O.C.G.A. 50-6-6
$0
$0
to perform local education audits. (H:Yes)
Reduce other funds to reflect projected receipts.
$0
($300,000)
Amount appropriated in this Act
$30,595,484
$30,935,484
FRIDAY, FEBRUARY 19, 2016
4.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all Department programs.
Total Funds
$2,483,357
State Funds
$2,483,357
State General Funds
$2,483,357
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 76) as amended
$2,380,309
$2,380,309
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$72,000
$72,000
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($977)
($977)
Reflect an adjustment in TeamWorks billings.
$500
$500
Reflect an adjustment in payroll shared services billings.
$6,023
$6,023
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$25,502
$25,502
Amount appropriated in this Act
$2,483,357
$2,483,357
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
$256,560
State Funds
$256,560
State General Funds
$256,560
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
1181
1182
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Amount appropriated in this Act
State Funds $252,560 $4,000
$256,560
Total Funds $252,560 $4,000
$256,560
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
$2,483,018
State Funds
$2,483,018
State General Funds
$2,483,018
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,419,862
$2,419,862
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$64,000
$64,000
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,344)
($1,344)
Reflect an adjustment in TeamWorks billings.
$500
$500
Amount appropriated in this Act
$2,483,018
$2,483,018
Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
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.
$20,560,573 $150,000 $150,000
$20,410,573 $20,410,573
FRIDAY, FEBRUARY 19, 2016
Total Funds
$20,560,573
Other Funds
$150,000
Other Funds - Not Specifically Identified
$150,000
State Funds
$20,410,573
State General Funds
$20,410,573
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 76) as amended
$17,314,958
$17,464,958
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$536,968
$536,968
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,966)
($3,966)
Reflect an adjustment in TeamWorks billings.
$1,664
$1,664
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$12,725
$12,725
Increase funds for personal services and operating expenses for three new judgeships.
$1,716,617
$1,716,617
Increase funds for a 5% salary adjustment for appellate court judges and 40 days of the adjusted expense allowance ($34,600) for judges residing 50 miles or more from the Judicial Building.
$130,786
$130,786
Increase funds to complete conversion of microfilm to searchable PDF format for court records. (H:Reduce one-time funds for the conversion of microfilm to searchable PDF format for court records.)
($60,000)
($60,000)
Increase funds for one additional procurement and facilities position.
$73,190
$73,190
Increase funds to restore two central staff attorney positions. (H:Increase funds for one central staff attorney position.)
$126,616
$126,616
Increase funds to restore one systems analyst position.
$114,801
$114,801
Increase funds to restore one deputy court administrator/attorney position. (H:No)
$0
$0
Increase funds for a one-time upgrade of the audiovisual system that supports the courtroom video streaming project.
$139,150
$139,150
Increase funds to provide live streaming of oral arguments and storage for online viewing.
$3,500
$3,500
Increase funds to provide a step increase on the attorney
$0
$0
salary scale. (H:No)
Increase funds to share costs for one deputy reporter position and one clerk position with the Supreme Court. (H:Increase funds to share costs of one assistant reporter position with the Supreme Court. )
$78,148
$78,148
Increase funds for a one-time purchase of seven servers.
$70,000
$70,000
1183
1184
JOURNAL OF THE HOUSE
Increase funds for one-time software costs to update efiling applications and allow judges to access trial court records from tablet devices. Increase funds to share costs of one editorial assistant position with the Supreme Court.
Amount appropriated in this Act
$121,100 $34,316 $20,410,573
$121,100 $34,316 $20,560,573
Section 6: Judicial Council Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds
$17,468,536 $1,627,367 $1,627,367 $1,024,998
$876,093 $148,905 $14,816,171 $14,816,171
6.1. Council of Accountability Court Judges
Purpose: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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
$610,976
State Funds
$610,976
State General Funds
$610,976
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$446,319
$446,319
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$8,026
$8,026
Reflect a change in the program purpose statement.
$0
$0
(G:Yes) (H:Yes)
Reflect a change in the program name. (G:Yes) (H:Yes)
$0
$0
Transfer funds from the Criminal Justice Coordinating Council for personal services and operating costs to support IT infrastructure, research, case management, and statewide reporting for Council of Accountability Court Judges at the Administrative Office of the Courts pursuant to HB 328 (2015 Session).
$156,631
$156,631
Amount appropriated in this Act
$610,976
$610,976
FRIDAY, FEBRUARY 19, 2016
6.2. Georgia Office of Dispute Resolution
Purpose: The purpose of this appropriation is to oversee the state's court-
connected alternative dispute resolution (ADR) services by promoting the
establishment of new ADR court programs, providing support to existing
programs, establishing and enforcing qualifications and ethical standards,
registering ADR professionals and volunteers, providing training,
administering statewide grants, and collecting statistical data to monitor
program effectiveness.
Total Funds
$172,890
Other Funds
$172,890
Agency Funds
$172,890
6.3. Institute of Continuing Judicial Education
Purpose: The purpose of this appropriation is to provide basic training and
continuing education for Superior Court Judges, Juvenile Court Judges, State
Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal
Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court
Clerks, and other court personnel.
Total Funds
$1,261,860
Other Funds
$703,203
Agency Funds
$703,203
State Funds
$558,657
State General Funds
$558,657
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 76) as amended
$471,789
$1,174,992
Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$19,868
$19,868
Increase funds for operations and technology infrastructure and licensing for services provided to multiple classes of court.
$24,000
$24,000
Increase funds for event management software for training support and services provided to multiple classes of court. (H:Provide one-time funds for event management software for training support and services provided to multiple classes of court.)
$43,000
$43,000
Increase funds for one electronic media curriculum
$0
$0
designer position to expand delivery of computer-based,
online training for judges. (H:No)
Amount appropriated in this Act
$558,657
$1,261,860
6.4. Judicial Council Purpose: The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the councils of the
1185
1186
JOURNAL OF THE HOUSE
Magistrate Court Judges, the Municipal Court Judges, the Probate Court
Judges, the State Court Judges, and the Georgia Council of Court
Administrators; to operate the Child Support E-Filing system, the Child
Support Guidelines Commission, and the Commission on Interpreters; and to
support the Committee on Justice for Children.
Total Funds
$14,088,704
Federal Funds and Grants
$1,627,367
Federal Funds Not Specifically Identified
$1,627,367
Other Funds
$148,905
Other Funds - Not Specifically Identified
$148,905
State Funds
$12,312,432
State General Funds
$12,312,432
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$12,178,882
$15,000,722
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$153,733
$153,733
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($27,510)
($27,510)
Reflect an adjustment in TeamWorks billings.
($582)
($582)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$5,959
$5,959
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Reduce federal and other funds based on projected revenues.
$0
($1,045,568)
Increase funds for the Cold Case Project to identify children most likely to age out of foster care without a family.
$75,000
$75,000
Increase funds to create a statewide repository for
$0
$0
Probate Court records and a central point of contact for
retrieving records. (H:No)
Increase funds for grants for civil legal services to victims of domestic violence.
$193,125
$193,125
Increase funds for the Council of Municipal Court Judges for publication of standard operating procedures, continued strategic business and information technology planning, and executive committee and district representative travel to present low-cost training to judges.
$21,795
$21,795
Increase funds for 10 parent accountability court
$0
$0
coordinator positions. (H:Yes; Reflect in the Department
of Human Services Child Support Services Program.)
FRIDAY, FEBRUARY 19, 2016
Increase funds to improve and expand training for members of the Georgia Council of Court Administrators. Reduce funds to reflect a change in the employer contribution rate for the Judicial Retirement System from 12.19% to 10.48%. Reduce one-time funds for the implementation of a statewide e-filing portal.
Amount appropriated in this Act
$7,500 ($199,470)
($96,000) $12,312,432
$7,500 ($199,470)
($96,000) $14,088,704
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
$534,106
State Funds
$534,106
State General Funds
$534,106
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$530,423
$530,423
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$3,683
$3,683
Amount appropriated in this Act
$534,106
$534,106
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
1187
Section 7: Juvenile Courts Total Funds State Funds State General Funds
$7,542,148 $7,542,148 $7,542,148
1188
JOURNAL OF THE HOUSE
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
$1,591,418
State Funds
$1,591,418
State General Funds
$1,591,418
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 76) as amended
$1,553,655
$2,001,111
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$37,763
$37,763
Eliminate federal funds based on projected revenues.
$0
($447,456)
Amount appropriated in this Act
$1,591,418
$1,591,418
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
$5,950,730
State Funds
$5,950,730
State General Funds
$5,950,730
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,053,333
$6,053,333
Increase funds to provide a judicial salary increase. (H:No)
$0
$0
Reduce funds to reflect a change in the employer contribution rate for the Judicial Retirement System from 12.19% to 10.48%.
($102,603)
($102,603)
Amount appropriated in this Act
$5,950,730
$5,950,730
Section 8: Prosecuting Attorneys Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
$78,921,042 $76,899,402 $76,899,402 $2,021,640 $2,021,640
FRIDAY, FEBRUARY 19, 2016
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 O.C.G.A. 15-18.
Total Funds
$71,923,212
State Funds
$69,901,572
State General Funds
$69,901,572
Intra-State Government Transfers
$2,021,640
Other Intra-State Government Payments
$2,021,640
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$64,578,481
$66,625,963
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,574,496
$1,574,496
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$167,468
$167,468
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$52,036
$52,036
Increase funds to annualize an increase in the employer's share for district attorneys in the Judicial Retirement System from 6.98% to 12.19%. (H:Increase funds to reflect an increase in the employer's share for district attorneys in the Judicial Retirement System from 6.98% to 10.48%.)
$188,501
$188,501
Increase funds to annualize accountability court supplements for district attorneys per HB 279 (2015 Session).
$183,642
$183,642
Increase funds to annualize a salary increase for district attorneys per HB 279 (2015 Session).
$219,874
$219,874
Increase funds to annualize an additional assistant district attorney position for the new judgeship in the Western Judicial Circuit.
$78,392
$78,392
1189
1190
JOURNAL OF THE HOUSE
Increase funds for personal services for recruitment, retention, and career advancement of assistant district attorneys.
Increase funds to provide one additional assistant district attorney for six newly established accountability courts in the following circuits per HB 279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs. (H:No)
Increase funds to provide an accountability court supplement for district attorneys for six newly established accountability courts in the following circuits per HB 279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.
Increase funds for 15 assistant district attorney positions to support juvenile courts across the state.
Reduce other funds to reflect an adjustment to the contract with the Department of Human Services.
Amount appropriated in this Act
$1,347,804 $0
$55,829
$1,455,049 $0
$69,901,572
$1,347,804 $0
$55,829
$1,455,049 ($25,842)
$71,923,212
8.3. Prosecuting Attorney's Council
Purpose: The purpose of this appropriation is to assist Georgia's District
Attorneys and State Court Solicitors.
Total Funds
$6,812,250
State Funds
$6,812,250
State General Funds
$6,812,250
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,531,433
$6,531,433
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$108,726
$108,726
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$9,841
$9,841
Reflect an adjustment in TeamWorks billings.
$21,030
$21,030
Increase funds to reflect a FY 2016 increase in the employer's share for solicitors in the Judicial Retirement System from 6.98% to 12.19%. (H:Increase funds to reflect an increase in the employer's share for solicitors in the Judicial Retirement System from 6.98% to 10.48%.)
$141,220
$141,220
Amount appropriated in this Act
$6,812,250
$6,812,250
Section 9: Superior Courts Total Funds Other Funds Other Funds - Not Specifically Identified
$72,215,202 $147,000 $147,000
FRIDAY, FEBRUARY 19, 2016
1191
State Funds State General Funds
$72,068,202 $72,068,202
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
$1,568,770
Other Funds
$60,000
Other Funds - Not Specifically Identified
$60,000
State Funds
$1,508,770
State General Funds
$1,508,770
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,397,409
$1,457,409
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$38,104
$38,104
Increase funds to restore one accountant position.
$73,257
$73,257
Increase funds to restore one project coordinator position. (H:No)
$0
$0
Amount appropriated in this Act
$1,508,770
$1,568,770
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
$2,758,039
Other Funds
$87,000
Other Funds - Not Specifically Identified
$87,000
State Funds
$2,671,039
State General Funds
$2,671,039
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 76) as amended
$2,550,051
$2,637,051
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$64,452
$64,452
Increase funds to adjust for rising costs and to support new judgeships and accountability courts.
$56,536
$56,536
1192
JOURNAL OF THE HOUSE
Increase funds to promote recruitment and retention of qualified staff. (H:No)
Amount appropriated in this Act
$0 $2,671,039
$0 $2,758,039
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
$67,888,393
State Funds
$67,888,393
State General Funds
$67,888,393
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$65,136,540
$65,136,540
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$563,062
$563,062
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($46,045)
($46,045)
Reflect an adjustment in TeamWorks billings.
$9,915
$9,915
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$16,392
$16,392
Annualize the cost of the new judgeship in the Western Circuit created in HB 279 (2015 Session).
$277,880
$277,880
Annualize the cost of the judicial salary increase for Superior Court judges provided in HB 279 (2015 Session).
$1,803,647
$1,803,647
Increase funds to provide one additional judgeship in the Clayton Circuit.
$185,253
$185,253
Increase funds to provide supplements to Superior Court judges in nine circuits that created accountability courts. (H:Increase funds to provide an accountability court supplement for Superior Court judges for six newly established accountability courts in the following circuits per HB 279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.)
$175,086
$175,086
Increase funds to restore four law clerk positions.
$261,044
$261,044
Increase funds to provide a salary increase for 22 secretaries. (H:No)
$0
$0
Reduce funds for one-time equipment costs associated with new judgeships in Coweta and Waycross circuits.
($60,500)
($60,500)
Reduce funds to reflect a change in the employer contribution rate for the Judicial Retirement System from 12.19% to 10.48%.
($433,881)
($433,881)
FRIDAY, FEBRUARY 19, 2016
Amount appropriated in this Act
$67,888,393
$67,888,393
1193
Section 10: Supreme Court Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$12,913,643 $1,859,823 $1,859,823 $11,053,820 $11,053,820
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
$12,913,643
Other Funds
$1,859,823
Other Funds - Not Specifically Identified
$1,859,823
State Funds
$11,053,820
State General Funds
$11,053,820
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 76) as amended
$10,312,655
$12,172,478
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$267,402
$267,402
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($700)
($700)
Reflect an adjustment in TeamWorks billings.
$1,975
$1,975
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$7,961
$7,961
Increase funds for annual maintenance costs for trial court records in the case management system.
$20,000
$20,000
Increase funds for one systems analyst position.
$114,801
$114,801
Increase funds to annualize salary, per diem, and commute mileage increases.
$63,557
$63,557
1194
JOURNAL OF THE HOUSE
Increase funds to restore one procurement and facilities position. (H:No)
Increase funds for one administrative assistant position. (H:No)
Increase funds for one assistant position to support the clerk's office and public affairs office.
Increase funds to provide salary adjustments for law assistants. (H:No)
Increase funds for continuing professional legal education training. Increase funds for increased security costs. (H:Provide one-time funds for increased security features.)
Increase funds to repair and replace furniture. (H:Provide one-time funds to repair or replace furniture.)
Increase funds to share costs of one assistant reporter position with the Court of Appeals.
Increase funds to share costs of one editorial assistant position with the Court of Appeals.
Increase funds for additional real estate rent, IT equipment, supplies, and publication costs.
Amount appropriated in this Act
$0 $0 $86,395 $0 $4,800 $10,969 $17,565
$78,148 $34,316 $33,976 $11,053,820
$0 $0 $86,395 $0 $4,800 $10,969 $17,565
$78,148 $34,316 $33,976 $12,913,643
Section 11: Accounting Office, State Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
$30,014,182 $21,408,152 $21,408,152 $7,720,609 $7,720,609
$885,421 $885,421
11.1. Administration
Purpose: The purpose of this appropriation is to provide administrative support to all department programs.
Total Funds
$1,603,879
Other Funds
$1,269,078
Other Funds - Not Specifically Identified
$1,269,078
State Funds
$334,801
State General Funds
$334,801
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 76) as
$0
$0
amended
FRIDAY, FEBRUARY 19, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Transfer funds and associated positions from the State Accounting Office program to establish the new Administration program.
Amount appropriated in this Act
$3,460 $0
$2,886
$328,455 $334,801
$3,460 $0
$2,886
$1,597,533 $1,603,879
11.2. Financial Systems
Purpose: The purpose of this appropriation is to operate, support, monitor,
and improve the State's enterprise financial accounting, payroll, and human
capital management systems.
Total Funds
$19,374,126
Other Funds
$19,210,126
Other Funds - Not Specifically Identified
$19,210,126
State Funds
$164,000
State General Funds
$164,000
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 76) as
$0
$0
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$0
$351,354
Reflect an adjustment in TeamWorks billings.
$0
$797,179
Transfer funds and associated positions from the State Accounting Office program to establish the new Financial Systems program.
$428,306
$18,027,923
Replace state general funds with other funds for two
($264,306)
$0
positions.
Transfer two positions from the Shared Services program and utilize other funds.
$0
$197,670
Amount appropriated in this Act
$164,000
$19,374,126
11.3. Shared Services
Purpose: The purpose of this appropriation is to support client agencies in
processing payroll and other financial transactions and to implement and
support the Statewide Travel Consolidation Program.
Total Funds
$2,538,976
Other Funds
$1,703,357
Other Funds - Not Specifically Identified
$1,703,357
1195
1196
JOURNAL OF THE HOUSE
State Funds
$835,619
State General Funds
$835,619
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$41,563
$54,225
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,719)
($5,719)
Reflect an adjustment in payroll shared services billings.
$704
$704
Transfer funds and associated positions from the State Accounting Office program to establish the new Shared Services program.
$1,142,654
$2,612,998
Reduce state general funds and transfer two positions to the Financial Systems program.
($195,670)
($195,670)
Replace state general funds with other funds for one
($147,913)
$0
payroll shared services position.
Increase other funds to fill one vacant payroll technician position.
$0
$72,438
Amount appropriated in this Act
$835,619
$2,538,976
11.4. 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.
Other Funds
($885,421)
Other Funds - Not Specifically Identified
($885,421)
Intra-State Government Transfers
$885,421
Other Intra-State Government Payments
$885,421
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,378,948
$24,828,999
Transfer funds and associated positions to the new Administration program.
($328,455)
($1,597,533)
Transfer funds and associated positions to the new Statewide Accounting and Reporting program.
($2,479,533)
($2,590,545)
FRIDAY, FEBRUARY 19, 2016
Transfer funds and associated positions to the new Financial Systems program. Transfer funds and associated positions to the new Shared Services program.
Amount appropriated in this Act
($428,306) ($1,142,654)
$0
($18,027,923) ($2,612,998)
$0
11.5. Statewide Accounting and Reporting
Purpose: The purpose of this appropriation is to provide financial reporting,
accounting policy, business process improvement, and compliance with state and federal fiscal reporting requirements.
Total Funds
$2,666,596
Other Funds
$111,012
Other Funds - Not Specifically Identified
$111,012
State Funds
$2,555,584
State General Funds
$2,555,584
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$76,051
$76,051
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Transfer funds and associated positions from the State Accounting Office program to establish the new Statewide Accounting and Reporting program.
$2,479,533
$2,590,545
Amount appropriated in this Act
$2,555,584
$2,666,596
The following appropriations are for agencies attached for administrative purposes.
11.6. 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
$3,031,838
State Funds
$3,031,838
State General Funds
$3,031,838
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,637,624
$2,637,624
1197
1198
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
$63,070 $0
$331,144 $3,031,838
$63,070 $0
$331,144 $3,031,838
11.7. 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
$798,767
State Funds
$798,767
State General Funds
$798,767
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$686,972
$686,972
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$36,795
$36,795
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Increase funds to perform audits of continuing education credits for licensees.
$75,000
$75,000
Amount appropriated in this Act
$798,767
$798,767
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
$201,099,886 $26,748,586 $18,211,925 $8,536,661 $4,253,663 $4,253,663
$170,097,637 $10,840,239
$159,257,398
FRIDAY, FEBRUARY 19, 2016
the current fiscal year.
12.1. 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
12.3. 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
12.4. 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
$1,126,977
Other Funds
$1,126,977
Other Funds - Not Specifically Identified
$1,126,977
12.5. Human Resources Administration
Purpose: The purpose of this appropriation is to provide centralized services for statewide human resources in support of state agencies, the State Personnel Board, and employees; develop human resource policies, create job descriptions and classification, develop fair and consistent compensation practices, and administer the employee benefits program.
Total Funds
$10,840,239
Intra-State Government Transfers
$10,840,239
Other Intra-State Government Payments
$10,840,239
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 76) as amended
$0
$10,840,239
Increase other funds to recognize additional revenue from merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$0
$10,840,239
1199
1200
JOURNAL OF THE HOUSE
12.6. 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
$159,687,398
State Funds
$430,000
State General Funds
$430,000
Intra-State Government Transfers
$159,257,398
Self Insurance Trust Fund Payments
$159,257,398
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$430,000
$162,187,398
Utilize existing funds for the Educators Professional Liability Insurance program. (G:Yes) (H:Yes)
$0
$0
Increase billings for workers' compensation premiums to reflect increase claims expenses.
$0
$2,000,000
Reduce billings for unemployment insurance to reflect reduced claims expenses.
$0
($4,500,000)
Amount appropriated in this Act
$430,000
$159,687,398
12.7. 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
$12,196,233
Other Funds
$12,196,233
Agency Funds
$12,196,233
12.8. 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
$1,643,951
FRIDAY, FEBRUARY 19, 2016
Other Funds Other Funds - Not Specifically Identified
$1,643,951 $1,643,951
The following appropriations are for agencies attached for administrative purposes.
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.
Total Funds
$4,385,691
Other Funds
$1,300,805
Agency Funds
$1,300,805
State Funds
$3,084,886
State General Funds
$3,084,886
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 76) as amended
$3,007,250
$4,308,055
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$71,914
$71,914
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$3,394
$3,394
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$2,328
$2,328
Amount appropriated in this Act
$3,084,886
$4,385,691
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
$4,714,887
Other Funds
$4,714,887
Agency Funds
$4,714,887
1201
1202
JOURNAL OF THE HOUSE
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
$699,271
State Funds
$699,271
State General Funds
$699,271
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$694,197
$694,197
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,074
$5,074
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$699,271
$699,271
12.12. Payments to Georgia Technology Authority
Purpose: The purpose of this appropriation is to set the direction for the state's
use of technology and promote efficient, secure, and cost-effective delivery of
information technology services.
Total Funds
$0
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
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
$3,286,331
State Funds
$3,286,331
State General Funds
$3,286,331
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
$56,430,405 $7,196,157 $7,196,157 $1,826,353 $1,826,353 $47,407,895 $47,407,895
FRIDAY, FEBRUARY 19, 2016
Amount from previous Appropriations Act (HB 76) as amended Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Increase operating funds.
Amount appropriated in this Act
State Funds $2,996,556
$89,775
$200,000 $3,286,331
Total Funds $2,996,556
$89,775
$200,000 $3,286,331
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
$33,966,885
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
$26,904,873
State General Funds
$26,904,873
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$26,330,934
$33,392,946
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$629,365
$629,365
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($65,811)
($65,811)
Reflect an adjustment in TeamWorks billings.
$2,441
$2,441
Reflect an adjustment in payroll shared services billings.
$7,944
$7,944
Amount appropriated in this Act
$26,904,873
$33,966,885
1203
1204
JOURNAL OF THE HOUSE
13.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$4,751,496
State Funds
$4,751,496
State General Funds
$4,751,496
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,617,804
$4,617,804
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$116,505
$116,505
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($8,232)
($8,232)
Reflect an adjustment in TeamWorks billings.
$348
$348
Reflect an adjustment in payroll shared services billings.
$1,030
$1,030
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$24,041
$24,041
Amount appropriated in this Act
$4,751,496
$4,751,496
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
$6,400,154
Other Funds
$411,171
Other Funds - Not Specifically Identified
$411,171
State Funds
$5,988,983
State General Funds
$5,988,983
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$5,893,145
$6,304,316
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$105,219
$105,219
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in TeamWorks billings. Reflect an adjustment in payroll shared services billings.
Amount appropriated in this Act
($11,284)
$562 $1,341 $5,988,983
($11,284)
$562 $1,341 $6,400,154
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
$2,911,399
State Funds
$2,911,399
State General Funds
$2,911,399
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 76) as amended
$2,830,399
$2,830,399
Increase funds for utility costs associated with new lab operations.
$81,000
$81,000
Amount appropriated in this Act
$2,911,399
$2,911,399
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
$996,667
State Funds
$996,667
State General Funds
$996,667
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$973,518
$973,518
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,600
$23,600
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($451)
($451)
Amount appropriated in this Act
$996,667
$996,667
1205
1206
JOURNAL OF THE HOUSE
13.7. State Soil and Water Conservation Commission
Purpose: The purpose of this appropriation is to protect, conserve, and
improve the soil and water resources of the State of Georgia.
Total Funds
$4,117,473
Federal Funds and Grants
$359,145
Federal Funds Not Specifically Identified
$359,145
Other Funds
$1,190,182
Other Funds - Not Specifically Identified
$1,190,182
State Funds
$2,568,146
State General Funds
$2,568,146
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,670,085
$4,219,412
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$49,090
$49,090
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,284)
($5,284)
Reflect an adjustment in TeamWorks billings.
$2,717
$2,717
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$1,538
$1,538
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Reduce personal services to reflect operational efficiencies and eliminate 10 vacant positions.
($150,000)
($150,000)
Amount appropriated in this Act
$2,568,146
$4,117,473
Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds
14.1. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all department programs.
Total Funds
$2,625,600
State Funds
$2,625,600
State General Funds
$2,625,600
$12,733,541 $12,733,541 $12,733,541
FRIDAY, FEBRUARY 19, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,322,612
$2,322,612
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$58,972
$58,972
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for
($522)
($522)
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in TeamWorks billings.
$693
$693
Reflect an adjustment in payroll shared services billings.
$257
$257
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$8,588
$8,588
Increase funds for one business analyst ($114,000) and
$212,000
$212,000
one desktop support technician ($98,000).
Increase funds for telecommunications expenses
$23,000
$23,000
associated with the new information technology system.
Amount appropriated in this Act
$2,625,600
$2,625,600
14.2. 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
$8,038,838
State Funds
$8,038,838
State General Funds
$8,038,838
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,561,890
$7,561,890
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$190,223
$190,223
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,836)
($2,836)
Reflect an adjustment in payroll shared services billings.
$1,363
$1,363
1207
1208
JOURNAL OF THE HOUSE
Increase funds for personal services for the retention of financial examiners.
Amount appropriated in this Act
$288,198 $8,038,838
$288,198 $8,038,838
14.3. 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, registration, and notification procedures for non-depository
financial institutions.
Total Funds
$2,069,103
State Funds
$2,069,103
State General Funds
$2,069,103
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,021,188
$2,021,188
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$48,276
$48,276
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($716)
($716)
Reflect an adjustment in payroll shared services billings.
$355
$355
Amount appropriated in this Act
$2,069,103
$2,069,103
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
$1,207,578,329 $144,666,334 $14,163,709 $25,361,291 $47,482,075 $40,481,142 $12,096,720 $5,081,397 $30,776,453 $23,202,036 $7,574,417
$1,032,135,542 $1,021,880,404
FRIDAY, FEBRUARY 19, 2016
1209
Tobacco Settlement Funds
$10,255,138
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
$90,961,645
Federal Funds and Grants
$44,254,231
Medical Assistance Program (CFDA 93.778)
$50,000
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
(CFDA 93.558)
$12,096,720
Other Funds
$434,903
Agency Funds
$434,903
State Funds
$46,272,511
State General Funds
$46,272,511
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$45,207,774
$89,896,908
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$363,207
$363,207
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($48,470)
($48,470)
Provide one-time funds for the Highland Rivers Health CSB Home Again pilot program to serve residents in region one.
$750,000
$750,000
Amount appropriated in this Act
$46,272,511
$90,961,645
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
$355,300,957
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
1210
JOURNAL OF THE HOUSE
Other Funds
$12,960,000
Agency Funds
$12,960,000
State Funds
$299,360,204
State General Funds
$289,105,066
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 76) as amended
$286,219,960
$342,160,713
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$4,596,844
$4,596,844
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($426,144)
($426,144)
Increase funds for 100 additional slots for the New Options Waiver (NOW).
$1,223,897
$1,223,897
Reduce funds to reflect an increase in Federal Medical
($2,676,130)
Assistance Percentage (FMAP) from 67.55% to 67.89%.
($2,676,130)
Eliminate one-time funds for Georgia Options for the severely disabled.
($150,000)
($150,000)
Provide six months of funding to reflect a provider rate increase for the Comprehensive Supports Waiver Program (COMP).
$11,900,000
$11,900,000
Transfer funds to the Direct Care Support Services program to align with projected expenditures due to the closing of one hospital unit.
($5,400,000)
($5,400,000)
Increase funds for 93 additional direct care staff at the Gracewood Campus in Augusta to remain in compliance with federal guidelines.
$2,843,506
$2,843,506
Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
$1,228,271
$1,228,271
Amount appropriated in this Act
$299,360,204
$355,300,957
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
$97,361,585
Other Funds
$26,500
Other Funds - Not Specifically Identified
$26,500
State Funds
$97,335,085
State General Funds
$97,335,085
FRIDAY, FEBRUARY 19, 2016
The above amounts include the following adjustments, additions, and deletions to the previous
appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$91,100,073
$91,126,573
amended
Provide funds for merit-based pay adjustments and
$1,517,486
$1,517,486
employee recruitment and retention initiatives effective
July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for
($46,673)
($46,673)
Department of Administrative Services administered
self insurance programs.
Increase funds to provide for an additional salary
$4,764,199
$4,764,199
increase for health aides to address recruitment and
retention issues in the highest turnover job classes.
Amount appropriated in this Act
$97,335,085
$97,361,585
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
$378,181,344
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
$1,090,095
Other Funds - Not Specifically Identified
$1,090,095
State Funds
$365,232,296
State General Funds
$365,232,296
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 76) as amended
$351,717,528
$364,666,576
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,858,685
$5,858,685
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($277,135)
($277,135)
Increase funds for one Behavioral Health Crisis Center to provide community-based emergency/urgent mental health services.
$5,700,000
$5,700,000
1211
1212
JOURNAL OF THE HOUSE
Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
Amount appropriated in this Act
$2,233,218
$2,233,218
$365,232,296
$378,181,344
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
$11,235,911
Federal Funds and Grants
$7,928,149
Medical Assistance Program (CFDA 93.778)
$50,000
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$7,878,149
State Funds
$3,307,762
State General Funds
$3,307,762
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,281,399
$11,209,548
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$26,363
$26,363
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$3,307,762
$11,235,911
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
$12,572,108
Federal Funds and Grants
$3,588,692
Medical Assistance Program (CFDA 93.778)
$3,588,692
State Funds
$8,983,416
State General Funds
$8,983,416
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 76) as amended
$8,840,683
$12,429,375
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$147,262
$147,262
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
($4,529) $8,983,416
($4,529) $12,572,108
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
$6,472,246
State Funds
$6,472,246
State General Funds
$6,472,246
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$5,230,226
$5,230,226
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$42,020
$42,020
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Provide funds to implement the juvenile code rewrite.
$1,200,000
$1,200,000
Amount appropriated in this Act
$6,472,246
$6,472,246
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
$63,267,572
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
$50,273,276
State General Funds
$50,273,276
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$49,342,643
$62,336,939
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$821,918
$821,918
1213
1214
JOURNAL OF THE HOUSE
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
Amount appropriated in this Act
$0 ($25,280) $133,995 $50,273,276
$0 ($25,280) $133,995 $63,267,572
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
$49,698,073
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
$37,960,356
State General Funds
$37,960,356
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$37,465,230
$49,202,947
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$326,958
$326,958
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($165,501)
($165,501)
Reflect an adjustment in TeamWorks billings.
$113,279
$113,279
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$220,390
$220,390
Amount appropriated in this Act
$37,960,356
$49,698,073
15.10. Direct Care Support Services
Purpose: The purpose of this appropriation is to operate five state-owned and
operated hospitals.
Total Funds
$129,242,123
Other Funds
$13,573,041
Agency Funds
$9,700,000
FRIDAY, FEBRUARY 19, 2016
Other Funds - Not Specifically Identified
$3,873,041
State Funds
$115,669,082
State General Funds
$115,669,082
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$108,858,524
$122,431,565
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$874,587
$874,587
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
$535,971
$535,971
Transfer funds from the Adult Developmental Disabilities Services program to align with projected expenditures due to the closing of one hospital unit.
$5,400,000
$5,400,000
Amount appropriated in this Act
$115,669,082
$129,242,123
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.
Total Funds
$10,232,888
Federal Funds and Grants
$9,996,415
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$9,996,415
State Funds
$236,473
State General Funds
$236,473
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$234,588
$10,231,003
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,885
$1,885
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$236,473
$10,232,888
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
1215
1216
JOURNAL OF THE HOUSE
support for people with developmental disabilities and their families.
Total Funds
$2,272,086
Federal Funds and Grants
$2,019,042
Federal Funds Not Specifically Identified
$2,019,042
State Funds
$253,044
State General Funds
$253,044
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$244,153
$2,263,195
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$8,891
$8,891
Amount appropriated in this Act
$253,044
$2,272,086
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
$779,791
State Funds
$779,791
State General Funds
$779,791
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$673,381
$673,381
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,859
$16,859
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Increase funds for one clinical evaluator.
$89,551
$89,551
Amount appropriated in this Act
$779,791
$779,791
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
$290,659,709 $192,544,116 $192,544,116
$16,159,152 $149,849
$16,009,303 $81,956,441
FRIDAY, FEBRUARY 19, 2016
1217
State General Funds
$81,956,441
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
$477,329
Other Funds
$224,020
Other Funds - Not Specifically Identified
$224,020
State Funds
$253,309
State General Funds
$253,309
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 76) as amended
$246,966
$470,986
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$6,593
$6,593
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($250)
($250)
Amount appropriated in this Act
$253,309
$477,329
16.2. Coordinated Planning
Purpose: The purpose of this appropriation is to ensure that county and city
governments meet the requirements of the Georgia Planning Act of 1989 by
establishing standards and procedures for comprehensive plans and reviewing
plans submitted by local governments; to provide training and assistance to
local governments in completing comprehensive plans for quality growth by
offering mapping and Geographical Information System (GIS) services, online
planning tools, and resource teams, and funding the regional planning efforts
of Regional Commissions; and to provide annexation reports from Georgia
cities to the U.S. Census Bureau.
Total Funds
$4,154,835
Federal Funds and Grants
$242,503
Federal Funds Not Specifically Identified
$242,503
Other Funds
$60,190
Other Funds - Not Specifically Identified
$60,190
State Funds
$3,852,142
State General Funds
$3,852,142
1218
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 76) as amended
$3,773,704
$4,076,397
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$29,434
$29,434
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for
($996)
($996)
Department of Administrative Services administered
self insurance programs.
Increase funds for environmental projects.
$50,000
$50,000
Amount appropriated in this Act
$3,852,142
$4,154,835
16.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$7,573,249
Federal Funds and Grants
$3,348,158
Federal Funds Not Specifically Identified
$3,348,158
Other Funds
$3,313,069
Other Funds - Not Specifically Identified
$3,313,069
State Funds
$912,022
State General Funds
$912,022
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 76) as amended
$1,128,518
$7,789,745
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,193
$1,193
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment in TeamWorks billings.
$2,103
$2,103
Reflect an adjustment in payroll shared services billings.
$1,124
$1,124
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$3,986
$3,986
Transfer funds from the Georgia Advocacy Office contract to the Special Housing Initiatives program for the Home Access initiative.
($224,902)
($224,902)
Amount appropriated in this Act
$912,022
$7,573,249
16.4. Federal Community and Economic Development Programs Purpose: The purpose of this appropriation is to administer federal grant and
FRIDAY, FEBRUARY 19, 2016
loan programs to promote volunteerism and community and economic
development among local governments, development authorities, and private
entities.
Total Funds
$53,519,300
Federal Funds and Grants
$51,572,530
Federal Funds Not Specifically Identified
$51,572,530
Other Funds
$305,415
Other Funds - Not Specifically Identified
$305,415
State Funds
$1,641,355
State General Funds
$1,641,355
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,604,758
$53,482,703
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$38,008
$38,008
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,411)
($1,411)
Amount appropriated in this Act
$1,641,355
$53,519,300
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
$14,343,460
Federal Funds and Grants
$8,768,721
Federal Funds Not Specifically Identified
$8,768,721
Other Funds
$5,574,739
Other Funds - Not Specifically Identified
$5,574,739
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
1219
1220
JOURNAL OF THE HOUSE
across local governments.
Total Funds
$1,378,819
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
$1,082,169
State General Funds
$1,082,169
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,055,291
$1,351,941
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$27,625
$27,625
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($747)
($747)
Amount appropriated in this Act
$1,082,169
$1,378,819
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, administering low-interest loans for affordable rental housing, researching affordable housing issues, and 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
$130,986,993
Federal Funds and Grants
$126,017,466
Federal Funds Not Specifically Identified
$126,017,466
Other Funds
$4,969,527
Other Funds - Not Specifically Identified
$4,969,527
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
$449,353
Other Funds
$42,213
Other Funds - Not Specifically Identified
$42,213
State Funds
$407,140
FRIDAY, FEBRUARY 19, 2016
State General Funds
$407,140
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$396,775
$438,988
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$10,697
$10,697
July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($332)
($332)
Amount appropriated in this Act
$407,140
$449,353
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
$6,524,904
Federal Funds and Grants
$2,391,738
Federal Funds Not Specifically Identified
$2,391,738
Other Funds
$945,372
Other Funds - Not Specifically Identified
$945,372
State Funds
$3,187,794
State General Funds
$3,187,794
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,962,892
$6,300,002
Transfer funds from the Georgia Advocacy Office contract to the Special Housing Initiatives program for the Home Access initiative.
$224,902
$224,902
Amount appropriated in this Act
$3,187,794
$6,524,904
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
$931,584
Other Funds
$149,849
Agency Funds
$149,849
1221
1222
JOURNAL OF THE HOUSE
State Funds
$781,735
State General Funds
$781,735
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$764,225
$914,074
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$18,008
$18,008
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($498)
($498)
Amount appropriated in this Act
$781,735
$931,584
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
$26,432,495
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
$26,096,908
State General Funds
$26,096,908
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 76) as amended
$26,092,153
$26,427,740
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$4,963
$4,963
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($208)
($208)
Increase funds for Regional Economic Business Assistance grants. (H:No)
$0
$0
Amount appropriated in this Act
$26,096,908
$26,432,495
The following appropriations are for agencies attached for administrative purposes.
FRIDAY, FEBRUARY 19, 2016
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
$813,495
State Funds
$813,495
State General Funds
$813,495
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 76) as amended
$983,495
$983,495
Reduce one-time funds for the Metropolitan North Georgia Water Planning District.
($250,000)
($250,000)
Increase funds for the Georgia Rural Water Association.
$25,000
$25,000
Increase funds for the grants for Resource Conservation and Development districts.
$55,000
$55,000
Amount appropriated in this Act
$813,495
$813,495
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
$12,928,372
State Funds
$12,928,372
State General Funds
$12,928,372
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$12,881,465
$12,881,465
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$48,430
$48,430
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,004)
($2,004)
Reflect an adjustment in TeamWorks billings.
$481
$481
Amount appropriated in this Act
$12,928,372
$12,928,372
16.14. Payments to OneGeorgia Authority
Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority.
Total Funds
$30,145,521
Other Funds
$145,521
Other Funds - Not Specifically Identified
$145,521
State Funds
$30,000,000
1223
1224
JOURNAL OF THE HOUSE
State General Funds
$30,000,000
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 76) as
$20,000,000
$20,145,521
amended
Increase funds for rural economic development projects. $10,000,000
$10,000,000
Establish a new contract with the Georgia Forestry
$0
$0
Commission for $450,000 for the reading, maintenance,
and management of all aspects of the Agricultural Water
Metering Program. (H:Yes)
Amount appropriated in this Act
$30,000,000
$30,145,521
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
$14,384,405,603 $7,376,481,585 $6,891,673,198 $458,164,986 $26,643,401 $222,272,597 $77,787,554 $139,386,524 $5,098,519 $3,209,917,022 $283,993,012 $167,969,114 $2,657,870,915 $100,083,981 $3,575,734,399 $3,294,877,137 $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
$394,060,443
Federal Funds and Grants
$304,869,072
Medical Assistance Program (CFDA 93.778)
$268,755,764
State Children's Insurance Program (CFDA 93.767)
$34,192,075
Federal Funds Not Specifically Identified
$1,921,233
Other Funds
$4,614,769
Agency Funds
($183,750)
Other Funds - Not Specifically Identified
$4,798,519
FRIDAY, FEBRUARY 19, 2016
State Funds
$63,265,017
State General Funds
$63,265,017
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 76) as amended
$65,283,852
$387,534,484
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$569,537
$569,537
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($67,604)
($67,604)
Reflect an adjustment in TeamWorks billings.
$24,035
$24,035
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$20,019
$20,019
Provide funds to comply with the Patient Protection and Affordable Care Act (PPACA) requirement that 1095-B forms be provided to individuals enrolled in PeachCare or Medicaid.
$1,817,591
$3,900,916
Replace the loss of federal funds for the Medicaid
$2,155,857
$0
Management Information System (MMIS).
Reduce funds to reflect the enhanced Federal Medical
($7,669,673)
$0
Assistance Percentage (FMAP) increase from 76.68% to
100% for PeachCare administrative expenses.
Reduce funds for contracts.
($275,625)
($735,000)
Utilize existing funds to initiate contract services with
$0
$0
an external firm for mandatory nursing home audits.
(H:Yes)
Transfer funds from the Medicaid: Aged, Blind and Disabled program for positions and operational costs related to the Community Care Services Program (CCSP).
$1,407,028
$2,814,056
Redirect any administrative savings from the transfer of
$0
$0
the Community Care Services Program (CCSP) to fund
additional slots and report to the Georgia General
Assembly on progress by January 1, 2017. (H:Yes)
The Department of Community Health, pursuant to
$0
$0
O.C.G.A. 49-4-142.1 et seq., is hereby authorized to
submit a request to the United States Department of
Health and Human Services Centers for Medicare and
Medicaid Services for a waiver pursuant to Section 1115
of the federal Social Security Act. (H:Yes)
Amount appropriated in this Act
$63,265,017
$394,060,443
1225
1226
JOURNAL OF THE HOUSE
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
$818,630
State Funds
$818,630
State General Funds
$818,630
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$812,629
$812,629
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$6,304
$6,304
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($303)
($303)
Amount appropriated in this Act
$818,630
$818,630
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
$756,370
State Funds
$756,370
State General Funds
$756,370
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$750,826
$750,826
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,824
$5,824
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($280)
($280)
Amount appropriated in this Act
$756,370
$756,370
17.4. Health Care Access and Improvement Purpose: The purpose of this appropriation is to provide grants and other
FRIDAY, FEBRUARY 19, 2016
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
$27,188,220
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
$10,741,669
State General Funds
$10,741,669
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,662,932
$27,109,483
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$82,713
$82,713
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,976)
($3,976)
Eliminate one-time start-up funds for Federally Qualified Health Centers.
($250,000)
($250,000)
Reduce funds for charity clinics.
($500,000)
($500,000)
Provide funds for two Federally Qualified Health Center community start-up grants in Jackson County and Jenkins County.
$500,000
$500,000
Increase contract funds for services for medically fragile children who do not qualify for the "Katie Beckett" TEFRA/Deeming waiver.
$250,000
$250,000
Utilize existing funds to continue the Rural Hospital
$0
$0
Stabilization Committee's grants to the current pilot sites
in Emanuel, Crisp, Appling, and Union counties.
(H:Yes)
Amount appropriated in this Act
$10,741,669
$27,188,220
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
$20,748,117
Federal Funds and Grants
$9,638,318
Medical Assistance Program (CFDA 93.778)
$3,733,665
Federal Funds Not Specifically Identified
$5,904,653
Other Funds
$100,000
Agency Funds
$100,000
State Funds
$11,009,799
1227
1228
JOURNAL OF THE HOUSE
State General Funds
$11,009,799
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$10,929,096
$20,667,414
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$84,778
$84,778
July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,075)
($4,075)
Amount appropriated in this Act
$11,009,799
$20,748,117
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
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
$5,415,077,499
Federal Funds and Grants
$3,434,059,704
Medical Assistance Program (CFDA 93.778)
$3,431,272,490
Federal Funds Not Specifically Identified
$2,787,214
Other Funds
$62,342,988
Agency Funds
$62,342,988
State Funds
$1,651,386,175
Hospital Provider Payment
$29,862,365
Nursing Home Provider Fees
$167,969,114
State General Funds
$1,447,362,890
Tobacco Settlement Funds
$6,191,806
FRIDAY, FEBRUARY 19, 2016
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 76) as $1,581,476,106 amended
$5,249,545,728
Increase funds to cover expenses related to higher pharmacy cost of Hepatitis C drugs ($23,129,866) and Cystic Fibrosis drugs ($3,390,400).
$26,520,266
$81,675,911
Reflect an adjustment for growth in Medicaid based on projected need.
($31,351,260)
($97,394,408)
Increase funds to reflect a projected increase in the Medicare Part D Clawback payment.
$8,088,994
$8,088,994
Increase funds for the hold harmless provision in Medicare Part B premiums.
$21,039,788
$65,524,097
Transfer $46,488,969 in state general funds and $6,191,806 in tobacco settlement funds for the Community Care Services Program (CCSP) from the Elder Community Living Services program in the Department of Human Services.
$52,680,775
$67,016,733
Reduce funds to reflect an increase in the Federal
($19,643,417)
$0
Medical Assistance Percentage (FMAP) from 67.55% to
67.89%.
Reflect additional revenue from hospital provider payments.
$1,242,217
$3,857,817
Reduce funds for previous changes in rate calculations for nursing facility operator changes to reflect projected expenditures.
($4,100,000)
($12,736,875)
Increase funds to provide for a 3% inflation adjustment on the 2012 nursing home cost reports.
$11,300,000
$35,104,070
Increase funds for the Independent Care Waiver Program (ICWP) Personal Support rates to match the CCSP and SOURCE program rates.
$3,774,382
$11,725,325
Increase funds for the reimbursement rates for Adult Day Health Centers by 5% to provide parity with other home and community-based service providers.
$399,670
$1,241,597
Provide funds to increase reimbursement rates for occupational therapy and physical therapy providers within the Medicaid Children's Intervention Services (CIS) program.
$1,365,682
$4,242,566
Evaluate budget neutral payment methodologies for
$0
$0
Medicaid member access to services provided by newly-
enrolled long-term acute care and inpatient
rehabilitation hospitals. (H:Yes)
Transfer funds to the Departmental Administration and Program Support programs for positions and operational costs related to the Community Care Services Program (CCSP).
($1,407,028)
($2,814,056)
Amount appropriated in this Act
$1,651,386,175 $5,415,077,499
1229
1230
JOURNAL OF THE HOUSE
17.8. Medicaid: Low-Income Medicaid
Purpose: The purpose of this appropriation is to provide healthcare access
primarily to low-income individuals.
Total Funds
$4,359,724,838
Federal Funds and Grants
$2,930,419,060
Medical Assistance Program (CFDA 93.778)
$2,930,419,060
Other Funds
$12,328,316
Agency Funds
$12,328,316
State Funds
$1,403,560,615
Hospital Provider Payment
$254,130,647
State General Funds
$1,055,537,793
Tobacco Settlement Funds
$93,892,175
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 76) as $1,285,085,321 amended
$3,933,283,365
Increase funds for growth in Medicaid based on projected need.
$98,115,154
$304,800,106
Replace $16,076,082 in tobacco settlement funds with
$0
$0
state general funds. (H:Yes)
Reduce funds to reflect an increase in the Federal
($18,800,043)
$0
Medical Assistance Percentage (FMAP) from 67.55% to
67.89%.
Reflect additional revenue from hospital provider payments.
$10,495,334
$32,594,205
Transfer hospital provider payments to reflect an increase in enhanced FMAP from 94.22% to 100% for children who were moved from the PeachCare for Kids program to the Low-Income Medicaid program as of January 1, 2014 per the PPACA.
$1,827,220
$5,674,596
Provide funds to increase reimbursement rates for select primary care and OB/GYN codes to 100% of 2014 Medicare levels.
$26,203,315
$81,402,035
Provide funds to increase the Advanced Life Support (ALS) emergency transport code reimbursement rate for EMS providers by 7%.
$634,314
$1,970,531
Effective July 1, 2016, Care Management Organizations
$0
$0
(CMO) are required to increase their current per unit
reimbursement rates for contracted primary care,
OB/GYN, and EMS providers at the increased rates
mandated by HB 751. (H:Yes)
The Department of Community Health is directed to evaluate cost-saving measures through accurate diagnosis of ADHD and report back to the Georgia General Assembly by January 1, 2017. (H:Yes)
$0
$0
Amount appropriated in this Act
$1,403,560,615 $4,359,724,838
FRIDAY, FEBRUARY 19, 2016
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
$423,972,911
State Children's Insurance Program (CFDA 93.767)
$423,972,911
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 76) as amended
$24,648,601
$424,124,694
Reduce funds to reflect an increase in enhanced Federal ($22,821,381)
$0
Medical Assistance Percentage from 94.22% to 100%.
Transfer hospital provider payments to reflect an
($1,827,220)
$0
increase in enhanced FMAP from 94.22% to 100% for
children who were moved from the PeachCare for Kids
program to the Low-Income Medicaid program as of
January 1, 2014 per the PPACA.
Amount appropriated in this Act
$0
$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
$3,273,565,552
Intra-State Government Transfers
$3,273,565,552
Health Insurance Payments
$3,273,565,552
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$0 $3,198,611,114
Increase funds to reflect updated projections for membership, medical services utilization, and medical trend changes.
$0
$4,252,738
Reduce funds for the reduction in employee contribution rates effective January 1, 2016.
$0
($11,100,000)
Increase funds for Medicare Advantage plans effective January 1, 2016.
$0
$91,600,000
Reduce funds by identifying future year plan design changes.
$0
($32,784,000)
Reduce funds due to a scheduled reduction in the Transitional Reinsurance Fee imposed by the Patient Protection and Affordable Care Act (PPACA).
$0
($7,420,000)
1231
1232
JOURNAL OF THE HOUSE
Increase funds for a scheduled increase of the employer contribution rate for non-certificated school service employees from $746.20 to $846.20 effective January 1, 2017.
Authorize a pilot program for non-certificated systemdirected health care coverage for a 24-month pilot effective for coverage year January 1, 2017, at the end of which the participating systems may opt to return to the state plan without penalty. (H:Yes)
Reflect a total fund balance for Other Post-Employment Benefits (OPEB) liabilities of $925,103,053 by recognizing 2015 payments ($478,094,972) and pending deposits ($314,627,314). (H:Yes)
Amount appropriated in this Act
$0
$30,405,700
$0
$0
$0
$0
$0 $3,273,565,552
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
$981,704
State Funds
$981,704
State General Funds
$981,704
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 76) as amended
$659,458
$659,458
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$13,467
$13,467
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Transfer funds from the Graduate Medical Education program to support tracking long-term rural capacity needs for physicians and other healthcare providers.
$208,779
$208,779
Provide funds for a facilitator position to specialize in emerging residency programs.
$100,000
$100,000
Amount appropriated in this Act
$981,704
$981,704
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
$11,043,515
State Funds
$11,043,515
State General Funds
$11,043,515
FRIDAY, FEBRUARY 19, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,014,219
$10,014,219
Transfer funds for 72 new residency slots in primary care medicine from the Board of Regents of the University System of Georgia Public Service/Special Funding Initiatives program.
$1,138,075
$1,138,075
Transfer funds to the Board Administration program to
($208,779)
($208,779)
support tracking long-term rural capacity needs for
physicians and other healthcare providers.
Transfer funds to the Physicians for Rural Areas
($100,000)
($100,000)
program for the Georgia South Family Medicine Rural Residency Training Program.
Provide funds for an emergency medicine residency program at Memorial Health University Medical Center.
$200,000
$200,000
Amount appropriated in this Act
$11,043,515
$11,043,515
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
State Funds
$24,039,911
State General Funds
$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
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
$1,610,000
State Funds
$1,610,000
State General Funds
$1,610,000
1233
1234
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 76) as
$1,410,000
$1,410,000
amended
Realign program activities to provide additional
$0
$0
Physician Rural Areas Assistance (PRAA) loan repayment awards. (G:Yes) (H:Yes)
Eliminate funds for the rural dentistry loan repayment
$0
$0
program. (H:No)
Provide funds for a loan repayment program for
$100,000
$100,000
Physician Assistants and Advanced Practice Registered
Nurses practicing in rural and underserved areas.
Transfer funds from the Graduate Medical Education
$100,000
$100,000
program to assist Georgia South Family Medicine Rural
Residency Training Program.
Amount appropriated in this Act
$1,610,000
$1,610,000
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
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, the purpose of this appropriation is to investigate complaints
and discipline those who violate the Medical Practice Act or other laws
governing the professional behavior of the Board licensees.
Total Funds
$2,698,434
Other Funds
$300,000
Other Funds - Not Specifically Identified
$300,000
State Funds
$2,398,434
State General Funds
$2,398,434
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,277,486
$2,577,486
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$55,818
$55,818
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment in merit system assessments. (H:No) Provide funds for the regulation of the vaccine protocol agreements as established by HB 504 (2015 Session).
Amount appropriated in this Act
$0 $65,130 $2,398,434
$0 $65,130 $2,698,434
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
$2,214,245
State Funds
$2,214,245
State General Funds
$2,214,245
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 76) as amended
$2,149,510
$2,149,510
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$43,235
$43,235
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Provide funds for increased rent.
$21,500
$21,500
Amount appropriated in this Act
$2,214,245
$2,214,245
1235
Section 18: Community Supervision, Department of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$159,873,719 $10,000 $10,000
$159,863,719 $159,863,719
18.1. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for the agency.
Total Funds
$9,061,568
State Funds
$9,061,568
State General Funds
$9,061,568
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,213,943
$8,213,943
1236
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in TeamWorks billings.
Reflect an adjustment in payroll shared services billings. Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Transfer funds and three positions from the Field Services program. Transfer funds from the Field Services program to accurately reflect the cost of real estate rentals. Transfer funds and one position from the Department of Corrections' Departmental Administration program. Transfer funds and two positions from the State Board of Pardons and Paroles' Board Administration program. Reduce funds to reflect administrative efficiencies.
Amount appropriated in this Act
$171,315
$0 $15,089
$17,427 $8,670
$117,512
$398,374 $64,889 $43,429 $110,920 ($100,000) $9,061,568
$171,315
$0 $15,089
$17,427 $8,670
$117,512
$398,374 $64,889 $43,429 $110,920 ($100,000) $9,061,568
18.2. Field Services
Purpose: The purpose of this appropriation is to protect and serve Georgia
citizens through effective and efficient offender supervision in communities,
while providing opportunities for successful outcomes.
Total Funds
$145,018,978
Other Funds
$10,000
Other Funds - Not Specifically Identified
$10,000
State Funds
$145,008,978
State General Funds
$145,008,978
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$21,851,578
$21,851,578
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$3,618,865
$3,618,865
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$321,013
$321,013
Reflect an adjustment in TeamWorks billings.
$370,721
$370,721
Reflect an adjustment in payroll shared services billings.
$184,449
$184,449
FRIDAY, FEBRUARY 19, 2016
Transfer funds and 1,628 positions from the Department of Corrections' Probation Supervision program. Transfer funds and nine positions from the Department of Corrections' Offender Management program. Transfer funds and seven positions from the Department of Corrections' State Prisons program. Transfer funds and 480 positions from the State Board of Pardons and Paroles' Parole Supervision program. Transfer funds and three positions to the Departmental Administration program. Transfer funds to the Departmental Administration program to accurately reflect the cost of real estate rentals. Transfer funds to the State Board of Pardons and Paroles' Clemency program to accurately reflect the cost of real estate rentals. Annualize efficiencies in operating budget. Reduce one-time funds used to recalibrate the offender supervision risk assessment tool. Reduce one-time funds for technology infrastructure.
Amount appropriated in this Act
$89,674,806 $458,707 $406,678
$29,217,168 ($398,374) ($64,889)
($16,528)
($472,716) ($75,000) ($67,500)
$145,008,978
$89,684,806 $458,707 $406,678
$29,217,168 ($398,374) ($64,889)
($16,528)
($472,716) ($75,000) ($67,500)
$145,018,978
18.3. Misdemeanor Probation
Purpose: The purpose of this appropriation is to provide regulation of all
governmental and private misdemeanor probation providers through
inspection and investigation.
Total Funds
$629,529
State Funds
$629,529
State General Funds
$629,529
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$609,367
$609,367
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,254
$16,254
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,432
$1,432
Reflect an adjustment in TeamWorks billings.
$1,653
$1,653
Reflect an adjustment in payroll shared services billings.
$823
$823
Amount appropriated in this Act
$629,529
$629,529
The following appropriations are for agencies attached for administrative purposes.
1237
1238
JOURNAL OF THE HOUSE
18.4. Georgia Commission on Family Violence
Purpose: The purpose of this appropriation is to provide for the study and
evaluation of needs and services relating to family violence in Georgia,
develop models for community task forces on family violence, provide training
and continuing education on the dynamics of family violence, and develop
standards to be used in the certification and regulation of Family Violence
Intervention Programs.
Total Funds
$391,822
State Funds
$391,822
State General Funds
$391,822
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$374,981
$374,981
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,380
$16,380
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$461
$461
Amount appropriated in this Act
$391,822
$391,822
18.5. Governor's Office of Transition, Support, and Reentry
Purpose: The purpose of this appropriation is to provide a collaboration of governmental and non-governmental stakeholders to develop and execute a systematic reentry plan for Georgia offenders and ensure the delivery of services to reduce recidivism and support the success of returning citizens.
Total Funds
$4,771,822
State Funds
$4,771,822
State General Funds
$4,771,822
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,741,443
$3,741,443
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$92,837
$92,837
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$5,293
$5,293
Transfer funds and two positions from the Department of Corrections' Departmental Administration program.
$280,057
$280,057
FRIDAY, FEBRUARY 19, 2016
Transfer funds and four positions from the State Board of Pardons and Paroles' Parole Supervision program. Increase funds for five community coordinators to expand the Georgia Prisoner Re-entry Initiative.
Transfer funds to the State Board of Pardons and Paroles' Clemency program to accurately reflect the cost of rental space.
Amount appropriated in this Act
$392,362 $388,945 ($129,115)
$4,771,822
$392,362 $388,945 ($129,115)
$4,771,822
1239
Section 19: 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
$1,140,327,019 $170,555 $170,555
$13,564,603 $13,564,603 $1,126,591,861 $1,126,591,861
19.1. 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
$5,000
State Funds
$5,000
State General Funds
$5,000
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 76) as amended
$50,000
$50,000
Reduce funds.
($45,000)
($45,000)
Amount appropriated in this Act
$5,000
$5,000
19.2. 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
$36,390,308
Federal Funds and Grants
$70,555
Federal Funds Not Specifically Identified
$70,555
State Funds
$36,319,753
State General Funds
$36,319,753
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
1240
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Transfer funds and one position to the Department of Community Supervision's Departmental Administration program.
Transfer funds and two positions to the Governor's Office of Transition, Support, and Reentry.
Transfer funds and six positions from the Probation Supervision program for consolidated banking services.
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
Provide a report to the General Assembly regarding the effectiveness of educational programs within the department including county correctional facility GED and vocational certificate programs, the charter high school initiative, vocational/technical programs, and the GED fast track program by January 1, 2017 and a follow-up report by January 1, 2018. (H:Yes)
Amount appropriated in this Act
State Funds $35,423,197
$411,399 $0
($50,000) ($3,525) $429,898
($43,429) ($280,057) $375,744
$56,526 $0
$36,319,753
Total Funds $35,493,752
$411,399 $0
($50,000) ($3,525) $429,898
($43,429) ($280,057) $375,744
$56,526 $0
$36,390,308
19.3. 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
$38,789,664
Other Funds
$450,000
Other Funds - Not Specifically Identified
$450,000
State Funds
$38,339,664
State General Funds
$38,339,664
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$30,232,566
$30,682,566
FRIDAY, FEBRUARY 19, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
Transfer funds, 82 positions, and 13 vehicles from the Probation Supervision program to consolidate program operations.
Amount appropriated in this Act
$858,702
$0 ($104,363)
($7,358) $1,429,639
$5,930,478
$38,339,664
$858,702
$0 ($104,363)
($7,358) $1,429,639
$5,930,478
$38,789,664
19.4. 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
$27,585,002
State Funds
$27,585,002
State General Funds
$27,585,002
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$27,555,071
$27,555,071
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$34,408
$34,408
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,182)
($4,182)
Reflect an adjustment in TeamWorks billings.
($295)
($295)
Amount appropriated in this Act
$27,585,002
$27,585,002
19.5. 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
$208,341,334
Other Funds
$390,000
Other Funds - Not Specifically Identified
$390,000
State Funds
$207,951,334
State General Funds
$207,951,334
1241
1242
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 76) as amended
$201,384,166
$201,774,166
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$224,399
$224,399
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for
($27,273)
($27,273)
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in TeamWorks billings.
($1,923)
($1,923)
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives for Georgia Correctional Healthcare employees effective July 1, 2016.
$2,642,834
$2,642,834
Increase funds to cover expenses related to recently approved Hepatitis C treatments and other bulk prescription medications.
$3,729,131
$3,729,131
Amount appropriated in this Act
$207,951,334
$208,341,334
19.6. 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
$43,575,335
Other Funds
$30,000
Other Funds - Not Specifically Identified
$30,000
State Funds
$43,545,335
State General Funds
$43,545,335
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$42,568,545
$42,598,545
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$97,240
$97,240
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($11,818)
($11,818)
Reflect an adjustment in TeamWorks billings.
($833)
($833)
Transfer funds and nine positions to the Department of Community Supervision's Field Services program.
($458,707)
($458,707)
FRIDAY, FEBRUARY 19, 2016
Increase funds to incentivize county correctional facilities to provide educational opportunities and graduate inmates from GED and vocational programs.
Provide a $1,000 per student performance-based funding incentive to county correctional facilities for each GED diploma and vocational certificate graduate. (G:Yes) (H:Yes)
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
Amount appropriated in this Act
$1,325,000 $0
$25,908 $43,545,335
$1,325,000 $0
$25,908 $43,575,335
19.7. 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
19.8. 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
$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 76) as amended
$95,981,028
$95,998,074
Transfer funds and 1,628 positions to the Department of ($89,674,806) Community Supervision's Field Services program.
($89,684,806)
Transfer funds and six positions to the Departmental Administration program for consolidated banking services.
($375,744)
($375,744)
Transfer funds, 82 positions, and 13 vehicles to the Detention Centers program to consolidate program operations.
($5,930,478)
($5,937,524)
Amount appropriated in this Act
$0
$0
19.9. 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.
1243
1244
JOURNAL OF THE HOUSE
Total Funds
$618,591,101
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
$605,796,498
State General Funds
$605,796,498
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$569,908,384
$582,702,987
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$12,699,513
$12,699,513
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,543,445)
($1,543,445)
Reflect an adjustment in TeamWorks billings.
($108,816)
($108,816)
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
$21,164,313
$21,164,313
Annualize the cost of operating expenses for the charter high school initiative at two state prisons.
$51,500
$51,500
Increase funds for 11 positions and operating expenses to provide educational enhancements to academic programs at four state prisons.
$1,411,727
$1,411,727
Increase funds for contracts to expand vocational/technical programs at four state prisons.
$2,620,000
$2,620,000
Transfer funds and seven positions to the Department of Community Supervision's Field Services program.
($406,678)
($406,678)
Amount appropriated in this Act
$605,796,498
$618,591,101
19.10. 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
$31,653,667
State Funds
$31,653,667
State General Funds
$31,653,667
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$29,965,735
$29,965,735
FRIDAY, FEBRUARY 19, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in TeamWorks billings.
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
Increase funds to expand the GED fast track program at transition centers.
Amount appropriated in this Act
$634,302
$0 ($77,090)
($5,435) $876,155
$260,000 $31,653,667
$634,302
$0 ($77,090)
($5,435) $876,155
$260,000 $31,653,667
1245
Section 20: 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
$67,986,098 $53,204,273 $53,204,273 $3,262,875 $1,375,447 $1,887,428 $11,518,950 $11,518,950
20.1. Departmental Administration
Purpose: The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.
Total Funds
$1,911,731
Federal Funds and Grants
$723,528
Federal Funds Not Specifically Identified
$723,528
State Funds
$1,188,203
State General Funds
$1,188,203
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,143,379
$1,866,907
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$32,856
$32,856
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$4,248
$4,248
1246
JOURNAL OF THE HOUSE
Reflect an adjustment in TeamWorks billings. Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Amount appropriated in this Act
$2,731 $4,989
$1,188,203
$2,731 $4,989
$1,911,731
20.2. Military Readiness
Purpose: The purpose of this appropriation is to provide and maintain
facilities for the training of Army National Guard, Air National Guard, and
State Defense Force personnel, and to provide an organized militia that can be
activated and deployed at the direction of the President or Governor for a
man-made crisis or natural disaster.
Total Funds
$43,074,460
Federal Funds and Grants
$34,639,522
Federal Funds Not Specifically Identified
$34,639,522
Other Funds
$3,258,997
Agency Funds
$1,375,447
Other Funds - Not Specifically Identified
$1,883,550
State Funds
$5,175,941
State General Funds
$5,175,941
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 76) as amended
$5,086,422
$42,984,941
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$76,270
$76,270
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$12,788
$12,788
Reflect an adjustment in TeamWorks billings.
$461
$461
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$5,175,941
$43,074,460
20.3. 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
$22,999,907
Federal Funds and Grants
$17,841,223
Federal Funds Not Specifically Identified
$17,841,223
Other Funds
$3,878
FRIDAY, FEBRUARY 19, 2016
Other Funds - Not Specifically Identified
$3,878
State Funds
$5,154,806
State General Funds
$5,154,806
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 76) as amended
$3,903,836
$17,911,437
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$71,628
$71,628
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$21,848
$21,848
Reflect an adjustment in TeamWorks billings.
$1,179
$1,179
Increase funds for personal services and operating expenses to support the Milledgeville Youth Challenge Academy.
$1,156,315
$4,993,815
Amount appropriated in this Act
$5,154,806
$22,999,907
1247
Section 21: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds
$70,626,477 $2,844,121 $2,844,121 $67,782,356 $67,782,356
21.1. Customer Service Support
Purpose: The purpose of this appropriation is for administration of license
issuance, motor vehicle registration, and commercial truck compliance.
Total Funds
$10,189,698
Other Funds
$500,857
Agency Funds
$500,857
State Funds
$9,688,841
State General Funds
$9,688,841
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$9,527,809
$10,028,666
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$148,246
$148,246
1248
JOURNAL OF THE HOUSE
Reflect an adjustment in merit system assessments. (H:No) 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
$0 ($5,359)
$18,145 $9,688,841
$0 ($5,359)
$18,145 $10,189,698
21.2. 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
$58,985,479
Other Funds
$1,827,835
Agency Funds
$1,827,835
State Funds
$57,157,644
State General Funds
$57,157,644
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$56,667,632
$58,495,467
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$922,619
$922,619
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($64,905)
($64,905)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$28,258
$28,258
Increase funds for two full-time and two part-time driver examiner positions at the Fayetteville Customer Service Center.
$104,040
$104,040
Eliminate one-time funds for a commercial driver's license pad in West Georgia.
($500,000)
($500,000)
Amount appropriated in this Act
$57,157,644
$58,985,479
21.3. 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.
FRIDAY, FEBRUARY 19, 2016
Total Funds
$1,451,300
Other Funds
$515,429
Agency Funds
$515,429
State Funds
$935,871
State General Funds
$935,871
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$900,866
$1,416,295
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$36,791
$36,791
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,786)
($1,786)
Amount appropriated in this Act
$935,871
$1,451,300
1249
Section 22: 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
$792,208,697 $364,941,816
$97,618,088 $125,696,047 $141,627,681
$13,695,660 $13,695,660
$160,000 $3,000
$157,000 $413,411,221 $357,841,570
$55,569,651
22.1. 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
$258,679,352
Federal Funds and Grants
$203,084,701
CCDF Mandatory and Matching Funds (CFDA 93.596)
$97,618,088
Child Care and Development Block Grant (CFDA 93.575) $102,013,932
Federal Funds Not Specifically Identified
$3,452,681
1250
JOURNAL OF THE HOUSE
Other Funds
$25,000
Agency Funds
$3,000
Other Funds - Not Specifically Identified
$22,000
State Funds
$55,569,651
State General Funds
$55,569,651
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$55,527,513
$258,637,214
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$40,903
$40,903
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$1,235
$1,235
Amount appropriated in this Act
$55,569,651
$258,679,352
22.2. 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
$138,000,000
Federal Funds and Grants
$138,000,000
Federal Funds Not Specifically Identified
$138,000,000
22.3. 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
$358,016,570
Federal Funds and Grants
$175,000
Federal Funds Not Specifically Identified
$175,000
State Funds
$357,841,570
Lottery Funds
$357,841,570
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$321,295,348
$321,470,348
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$7,927,490
$7,927,490
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment in TeamWorks billings.
Provide funds to implement a new compensation model to retain lead teachers, increase assistant teacher salaries, and maintain classroom quality.
Increase funds for benefits for Pre-Kindergarten lead and assistant teachers and provide program providers with the flexibility to combine benefits and noninstructional costs as needed.
Utilize $1,150,500 in existing departmental contract funds to provide a $300 one-time materials grant for each Pre-Kindergarten classroom. (H:Yes)
Amount appropriated in this Act
$22,430 $26,213,684
$2,382,618
$0 $357,841,570
$22,430 $26,213,684
$2,382,618
$0 $358,016,570
22.4. 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
$37,512,775
Federal Funds and Grants
$23,682,115
Child Care and Development Block Grant (CFDA 93.575)
$23,682,115
Federal Recovery Funds
$13,695,660
Federal Recovery Funds Not Specifically Identified
$13,695,660
Other Funds
$135,000
Other Funds - Not Specifically Identified
$135,000
1251
Section 23: Economic Development, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$106,167,473 $74,021,318 $74,021,318 $32,146,155 $32,146,155
23.1. 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
$4,630,693
State Funds
$4,630,693
State General Funds
$4,630,693
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,478,642
$4,478,642
1252
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in TeamWorks billings.
Reflect an adjustment in payroll shared services billings. Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Amount appropriated in this Act
$100,795
$0 $4,637
$33,206 $597
$12,816
$4,630,693
$100,795
$0 $4,637
$33,206 $597
$12,816
$4,630,693
23.2. 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
$1,118,618
State Funds
$1,118,618
State General Funds
$1,118,618
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,096,969
$1,096,969
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$21,543
$21,543
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment in payroll shared services billings.
$106
$106
Amount appropriated in this Act
$1,118,618
$1,118,618
23.3. 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
$1,275,762
Federal Funds and Grants
$659,400
Federal Funds Not Specifically Identified
$659,400
State Funds
$616,362
State General Funds
$616,362
FRIDAY, FEBRUARY 19, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$603,360
$1,262,760
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$13,002
$13,002
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$616,362
$1,275,762
23.4. Georgia Council for the Arts - Special Project
Purpose: 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 larger than $5,000.
Total Funds
$300,000
State Funds
$300,000
State General Funds
$300,000
23.5. Global Commerce
Purpose: The purpose of this appropriation is to promote Georgia as a state
that is appealing to businesses along with being competitive in the
international trade market; recruit, retain, and expand businesses in Georgia
through a network of statewide and regional project managers, foreign and
domestic marketing, and participation in Georgia Allies; and 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
$11,262,392
State Funds
$11,262,392
State General Funds
$11,262,392
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,881,240
$10,881,240
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$179,993
$179,993
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment in payroll shared services billings.
$1,159
$1,159
Increase funds for marketing.
$200,000
$200,000
Amount appropriated in this Act
$11,262,392
$11,262,392
1253
1254
JOURNAL OF THE HOUSE
23.6. 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
23.7. Innovation and Technology
Purpose: The purpose of this appropriation is to market and promote strategic
industries to existing and potential Georgia businesses.
Total Funds
$1,542,096
State Funds
$1,542,096
State General Funds
$1,542,096
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 76) as amended
$1,522,960
$1,522,960
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$19,031
$19,031
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment in payroll shared services billings.
$105
$105
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$1,542,096
$1,542,096
23.8. Small and Minority Business Development
Purpose: The purpose of this appropriation is to assist entrepreneurs and
small and minority businesses by providing technical assistance on planning,
advocacy, business needs, and identifying potential markets and suppliers; and
to provide assistance to local communities in growing small businesses.
Total Funds
$976,089
State Funds
$976,089
State General Funds
$976,089
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 76) as amended
$951,926
$951,926
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$24,058
$24,058
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment in payroll shared services billings.
$105
$105
FRIDAY, FEBRUARY 19, 2016
Amount appropriated in this Act
$976,089
$976,089
23.9. Tourism
Purpose: The purpose of this appropriation is to provide information to
visitors about tourism opportunities throughout the state; operate and maintain
state welcome centers; and work with communities to develop and market
tourism products in order to attract more tourism to the state.
Total Funds
$11,699,905
State Funds
$11,699,905
State General Funds
$11,699,905
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 76) as amended
$10,987,537
$10,987,537
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$130,928
$130,928
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment in payroll shared services billings.
$1,440
$1,440
Eliminate one-time funds for signage and marketing of the "Vietnam Moving Wall" at the Walk of Heroes.
($10,000)
($10,000)
Reduce funds for the Georgia Civil War Heritage Trails.
($10,000)
($10,000)
Eliminate one-time funds for the National Infantry Museum.
($500,000)
($500,000)
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Increase funds for tourism marketing and promotion.
$1,000,000
$1,000,000
Increase funds for the Georgia Historical Society for historical markers.
$100,000
$100,000
Amount appropriated in this Act
$11,699,905
$11,699,905
1255
Section 24: 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 Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds
$11,023,120,318 $1,982,964,757 $19,630 $1,982,945,127 $74,758,193 $74,758,193 $46,753,543 $324,372 $46,429,171 $8,918,643,825 $8,918,643,825
1256
JOURNAL OF THE HOUSE
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.
24.1. 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
$11,059,852
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
$9,199,579
State General Funds
$9,199,579
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,794,527
$10,654,800
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$11,098
$11,098
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($742)
($742)
Reflect an adjustment in TeamWorks billings.
$192
$192
Provide funds for a 3% salary adjustment effective July 1, 2016.
$244,504
$244,504
Increase funds for the Young Farmers program in Atkinson and Toombs counties.
$150,000
$150,000
Amount appropriated in this Act
$9,199,579
$11,059,852
24.2. Audio-Video Technology and Film Grants
Purpose: The purpose of this appropriation is to provide funds for grants for
film and audio-video equipment to local school systems.
Total Funds
$2,500,000
State Funds
$2,500,000
State General Funds
$2,500,000
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 76) as
$0
$0
amended
FRIDAY, FEBRUARY 19, 2016
Provide funds for film and audio-video equipment grants to middle and high schools.
Amount appropriated in this Act
$2,500,000 $2,500,000
$2,500,000 $2,500,000
24.3. Business and Finance Administration
Purpose: The purpose of this appropriation is to provide administrative
support for business, finance, facilities, and pupil transportation.
Total Funds
$30,153,696
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
$7,676,426
State General Funds
$7,676,426
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 76) as amended
$7,479,770
$29,957,040
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($14,334)
($14,334)
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$199,938
$199,938
Reflect an adjustment in TeamWorks billings.
$11,052
$11,052
Amount appropriated in this Act
$7,676,426
$30,153,696
24.4. 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
$28,789,415
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
$4,175,893
State General Funds
$4,175,893
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,048,477
$28,661,999
1257
1258
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Amount appropriated in this Act
$99,446 $0
($6,089) $5,786 $28,273
$4,175,893
$99,446 $0
($6,089) $5,786 $28,273
$28,789,415
24.5. 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
$2,313,304
Federal Funds and Grants
$153,422
Federal Funds Not Specifically Identified
$153,422
State Funds
$2,159,882
State General Funds
$2,159,882
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,146,548
$2,299,970
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$13,181
$13,181
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($408)
($408)
Reflect an adjustment in TeamWorks billings.
$561
$561
Amount appropriated in this Act
$2,159,882
$2,313,304
24.6. 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
$1,203,100
State Funds
$1,203,100
State General Funds
$1,203,100
FRIDAY, FEBRUARY 19, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,053,100
$1,053,100
Increase funds for local affiliates.
$150,000
$150,000
Amount appropriated in this Act
$1,203,100
$1,203,100
24.7. 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
$7,565,553
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
$3,741,346
State General Funds
$3,741,346
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 76) as amended
$3,523,280
$7,347,487
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$86,323
$86,323
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,071)
($5,071)
Reflect an adjustment in TeamWorks billings.
$3,414
$3,414
Increase funds for one computer science specialist position.
$133,400
$133,400
Amount appropriated in this Act
$3,741,346
$7,565,553
24.8. 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
1259
1260
JOURNAL OF THE HOUSE
Other Funds - Not Specifically Identified
$39,957
24.9. 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
$72,086,561
Federal Funds and Grants
$8,160,000
Federal Funds Not Specifically Identified
$8,160,000
State Funds
$63,926,561
State General Funds
$63,926,561
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 76) as amended
$62,246,538
$70,406,538
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,560,837
$1,560,837
Increase funds for personal services and operating expenses for the program manager position to provide state level support.
$46,724
$46,724
Increase funds for enrollment growth.
$72,462
$72,462
Amount appropriated in this Act
$63,926,561
$72,086,561
24.10. 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
$8,924,686
Other Funds
$5,924,409
Agency Funds
$324,372
Other Funds - Not Specifically Identified
$5,600,037
State Funds
$3,000,277
State General Funds
$3,000,277
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 76) as amended
$3,232,540
$8,832,577
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$92,109
$92,109
Replace state funds with revenue from tuition.
($324,372)
$0
Amount appropriated in this Act
$3,000,277
$8,924,686
FRIDAY, FEBRUARY 19, 2016
24.11. 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
$28,938,090
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
$20,361,374
State General Funds
$20,361,374
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 76) as amended
$18,393,696
$26,970,412
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($20,761)
($20,761)
Reflect an adjustment in TeamWorks billings.
$12,130
$12,130
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$324,417
$324,417
Increase funds to support the information technology applications utilized by local school systems.
$1,651,892
$1,651,892
Amount appropriated in this Act
$20,361,374
$28,938,090
24.12. Non Quality Basic Education Formula Grants
Purpose: The purpose of this appropriation is to fund specific initiatives
including: children in residential education facilities and sparsity grants.
Total Funds
$11,304,618
State Funds
$11,304,618
State General Funds
$11,304,618
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,683,086
$10,683,086
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$93,411
$93,411
Increase funds for Residential Treatment Facilities based on attendance.
$528,121
$528,121
Amount appropriated in this Act
$11,304,618
$11,304,618
1261
1262
JOURNAL OF THE HOUSE
24.13. Nutrition
Purpose: The purpose of this appropriation is to provide leadership, training,
technical assistance, and resources, so local program personnel can deliver
meals that support nutritional well-being and performance at school and
comply with federal standards.
Total Funds
$737,878,643
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
$23,578,391
State General Funds
$23,578,391
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 76) as amended
$22,862,765
$737,163,017
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$9,924
$9,924
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($742)
($742)
Reflect an adjustment in TeamWorks billings.
$365
$365
Provide funds for a 3% salary adjustment for lunchroom workers effective July 1, 2016.
$706,079
$706,079
Amount appropriated in this Act
$23,578,391
$737,878,643
24.14. Preschool Disabilities Services
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
$33,698,294
State Funds
$33,698,294
State General Funds
$33,698,294
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$31,446,339
$31,446,339
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$816,173
$816,173
Reflect a change in the program name. (G:Yes) (H:Yes)
$0
$0
Increase funds for enrollment growth and training and experience.
$1,435,782
$1,435,782
FRIDAY, FEBRUARY 19, 2016
Amount appropriated in this Act
$33,698,294
$33,698,294
24.15. Quality Basic Education Equalization
Purpose: The purpose of this appropriation is to provide additional financial
assistance to local school systems ranking below the statewide average of per
pupil tax wealth as outlined in O.C.G.A. 20-2-165.
Total Funds
$498,729,036
State Funds
$498,729,036
State General Funds
$498,729,036
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 76) as amended
$498,225,928
$498,225,928
Increase funds for Equalization grants.
$503,108
$503,108
Amount appropriated in this Act
$498,729,036
$498,729,036
24.16. Quality Basic Education Local Five Mill Share
Purpose: The purpose of this program is to recognize the required local
portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-
164.
Total Funds
($1,704,062,671)
State Funds
($1,704,062,671)
State General Funds
($1,704,062,671)
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as ($1,664,572,225) ($1,664,572,225) amended
Adjust funds for the Local Five Mill Share.
($39,490,446)
($39,490,446)
Amount appropriated in this Act
($1,704,062,671) ($1,704,062,671)
24.17. Quality Basic Education Program
Purpose: The purpose of this appropriation is to provide formula funds to
school systems based on full time equivalent students for the instruction of
students in grades K-12 as outlined in O.C.G.A. 20-2-161.
Total Funds
$9,844,285,780
State Funds
$9,844,285,780
State General Funds
$9,844,285,780
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 76) as $9,393,786,908 amended
$9,393,786,908
Increase funds for enrollment growth and training and experience.
$124,057,498
$124,057,498
1263
1264
JOURNAL OF THE HOUSE
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.
$300,000,000
Increase funds for charter system grants.
$2,999,129
Increase funds for differentiated pay for newly certified math and science teachers.
$307,704
Increase funds for the State Commission Charter School supplement.
$10,528,792
Increase funds for the Special Needs Scholarship.
$0
(H:Yes; Realize savings from program attrition in the
Special Needs Scholarship to fund additional growth.)
Increase funds for School Nurses.
$220,798
Transfer funds for the employer share of the Teachers Retirement System of Georgia for non-certificated managers and supervisors ($5,558,750) from the State Interagency Transfers program and increase funds to meet projected expenditures ($838,723).
$6,397,473
Transfer funds for special education in state institutions from the State Interagency Transfers program.
$2,539,213
Provide funds for a 3% salary adjustment for school nurses effective July 1, 2016.
$912,932
Provide funds for a 3% salary adjustment for school bus drivers effective July 1, 2016.
$2,535,333
Provide for a scheduled increase of the employer
$0
contribution rate for non-certificated school service
employees from $746.20 to $846.20 effective January 1,
2017. (H:Yes)
Amount appropriated in this Act
$9,844,285,780
$300,000,000
$2,999,129 $307,704
$10,528,792 $0
$220,798 $6,397,473
$2,539,213 $912,932
$2,535,333 $0
$9,844,285,780
24.18. Regional Education Service Agencies (RESAs)
Purpose: The purpose of this appropriation is to provide Georgia's sixteen
Regional Education Service Agencies with funds to assist local school systems
with improving the effectiveness of their educational programs by providing
curriculum consultation, skill enhancement, professional development,
technology training, and other shared services.
Total Funds
$10,760,033
State Funds
$10,760,033
State General Funds
$10,760,033
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 76) as amended
$10,223,960
$10,223,960
Provide funds for a 3% salary adjustment effective July 1, 2016.
$286,073
$286,073
Increase funds for personnel for Positive Behavioral Intervention Supports (PBIS) trainers.
$250,000
$250,000
Amount appropriated in this Act
$10,760,033
$10,760,033
FRIDAY, FEBRUARY 19, 2016
24.19. School Improvement
Purpose: The purpose of this appropriation is to provide research, technical
assistance, resources, teacher professional learning, and leadership training
for low-performing schools and local educational agencies to help them design
and implement school improvement strategies to improve graduation rates and
overall student achievement.
Total Funds
$18,601,294
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
$9,373,993
State General Funds
$9,373,993
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,797,519
$18,024,820
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$179,157
$179,157
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($9,760)
($9,760)
Reflect an adjustment in TeamWorks billings.
$747
$747
Increase funds for training, professional development and support for corps members in Teach for America.
$406,330
$406,330
Amount appropriated in this Act
$9,373,993
$18,601,294
24.20. 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
$3,229,392
Other Funds
$3,229,392
Other Funds - Not Specifically Identified
$3,229,392
24.21. 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
$0
1265
1266
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 76) as
$8,097,963
$30,945,063
amended
Transfer funds for the employer share of the Teachers
($5,558,750)
($5,558,750)
Retirement System of Georgia for non-certificated
managers and supervisors to the Quality Basic
Education Program.
Transfer funds for vocational education at the Technical
$0
($22,847,100)
College System of Georgia to the Technology/Career
Education program.
Transfer funds for special education in state institutions ($2,539,213)
($2,539,213)
to the Quality Basic Education Program.
Amount appropriated in this Act
$0
$0
24.22. 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
$29,093,987
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
$27,272,918
State General Funds
$27,272,918
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 76) as amended
$26,447,967
$28,269,036
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$680,839
$680,839
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($72,168)
($72,168)
Increase funds for training and experience.
$203,402
$203,402
Increase funds for differentiated pay for newly certified math and science teachers.
$12,878
$12,878
Amount appropriated in this Act
$27,272,918
$29,093,987
24.23. Technology/Career Education Purpose: The purpose of this appropriation is to equip students with academic,
FRIDAY, FEBRUARY 19, 2016
vocational, technical, and leadership skills and to extend learning
opportunities beyond the traditional school day and year.
Total Funds
$65,062,891
Federal Funds and Grants
$42,794,871
Federal Funds Not Specifically Identified
$42,794,871
Other Funds
$4,779,024
Other Funds - Not Specifically Identified
$4,779,024
State Funds
$17,488,996
State General Funds
$17,488,996
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 76) as amended
$17,002,426
$41,729,221
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$41,376
$41,376
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,595)
($2,595)
Reflect an adjustment in TeamWorks billings.
$2,239
$2,239
Increase funds for vocational industry certification.
$74,051
$74,051
Transfer funds from the State Interagency Transfers program for vocational education at the Technical College System of Georgia.
$0
$22,847,100
Provide funds for a 3% salary adjustment effective July 1, 2016.
$371,499
$371,499
Amount appropriated in this Act
$17,488,996
$65,062,891
24.24. 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
$46,069,854
Federal Funds and Grants
$19,218,028
Federal Funds Not Specifically Identified
$19,218,028
Federal Recovery Funds
$133,773
Federal Recovery Funds Not Specifically Identified
$133,773
State Funds
$26,718,053
State General Funds
$26,718,053
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$26,656,506
$46,008,307
1267
1268
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Reflect an adjustment in merit system assessments. (H:No)
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
$62,793
$0 ($3,954)
$2,708 $26,718,053
$62,793
$0 ($3,954)
$2,708 $46,069,854
24.25. Tuition for Multiple Disability Students
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-disabled student.
Total Funds
$1,551,946
State Funds
$1,551,946
State General Funds
$1,551,946
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,551,946
$1,551,946
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Reflect a change in the program name. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$1,551,946
$1,551,946
Section 25: 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 24.88% for New Plan employees and 20.13% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 21.85% 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 $727.97 per member for State Fiscal Year 2017.
$53,643,093 $4,856,129 $4,856,129 $28,305,275 $28,305,275 $20,481,689 $20,481,689
FRIDAY, FEBRUARY 19, 2016
25.1. 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
$4,856,129
Other Funds
$4,856,129
Agency Funds
$4,856,129
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$0
$4,456,129
Increase other funds for contractual services.
$0
$400,000
Amount appropriated in this Act
$0
$4,856,129
25.2. 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
$2,017,875
State Funds
$2,017,875
State General Funds
$2,017,875
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,989,530
$1,989,530
Increase funds for the actuarially determined employer contribution in accordance with the most recent actuarial report.
$28,345
$28,345
Amount appropriated in this Act
$2,017,875
$2,017,875
25.3. 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
$26,277,000
State Funds
$26,277,000
State General Funds
$26,277,000
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 76) as amended
$28,580,000
$28,580,000
Reduce funds for the actuarially determined employer contribution in accordance with the most recent actuarial report.
($2,303,000)
($2,303,000)
1269
1270
JOURNAL OF THE HOUSE
Encourage the Public School Employees Retirement System's Board of Trustees to consider a 3% benefit adjustment for retirees. (H:Yes)
Amount appropriated in this Act
$0 $26,277,000
$0 $26,277,000
25.4. 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
$20,492,089
State Funds
$10,400
State General Funds
$10,400
Intra-State Government Transfers
$20,481,689
Retirement Payments
$20,481,689
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 76) as amended
$10,400
$20,720,089
Eliminate one-time other funds used in FY 2016 for a network update project.
$0
($240,000)
Increase other funds for contractual services.
$0
$12,000
Recognize an increase in the employer share of the
$0
$0
Employees' Retirement System contribution rate to
provide a one-time benefit adjustment of 3% to retired
state employees (Total Funds: $3,499,963). (H:Yes)
Amount appropriated in this Act
$10,400
$20,492,089
Section 26: 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
26.1. 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.
$49,387,968 $5,982,769 $5,982,769 $7,102,187
$428,645 $6,673,542 $36,253,012 $36,253,012
$50,000 $50,000
FRIDAY, FEBRUARY 19, 2016
Total Funds
$3,977,224
Federal Funds and Grants
$48,800
Federal Funds Not Specifically Identified
$48,800
Other Funds
$182,780
Other Funds - Not Specifically Identified
$182,780
State Funds
$3,745,644
State General Funds
$3,745,644
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,477,646
$3,709,226
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$71,103
$71,103
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,142
$6,142
Reflect an adjustment in TeamWorks billings.
$6,827
$6,827
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$22,187
$22,187
Transfer two Geographic Information System (GIS) positions and associated funds from the Forest Management ($84,328) and Forest Protection ($77,411) programs.
$161,739
$161,739
Establish a new contract with the OneGeorgia Authority
$0
$0
for $450,000 for the reading, maintenance, and
management of all aspects of the Agricultural Water
Metering Program. (H:Yes)
Amount appropriated in this Act
$3,745,644
$3,977,224
26.2. 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 fire suppression assistance to the Forest Protection
program.
Total Funds
$7,542,883
1271
1272
JOURNAL OF THE HOUSE
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
$2,849,580
State General Funds
$2,849,580
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 76) as amended
$2,861,831
$7,555,134
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$69,437
$69,437
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,640
$2,640
Transfer one GIS position and the associated funds to the Commission Administration program.
($84,328)
($84,328)
Amount appropriated in this Act
$2,849,580
$7,542,883
26.3. 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
$36,660,781
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
$29,657,788
State General Funds
$29,657,788
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
FRIDAY, FEBRUARY 19, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Transfer one GIS position and the associated funds to the Commission Administration program.
Amount appropriated in this Act
State Funds $28,971,818
$719,369
$0 $44,012
($77,411) $29,657,788
Total Funds $35,974,811
$719,369
$0 $44,012
($77,411) $36,660,781
26.4. 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
1273
Section 27: 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.
27.1. 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
27.2. Governor's Office Purpose: The purpose of this appropriation is to provide numerous duties
$89,181,731 $30,120,112 $30,120,112
$908,356 $908,356 $58,153,263 $58,153,263
1274
JOURNAL OF THE HOUSE
including, but not limited to: granting commissions, appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per O.C.G.A. 45-7-4 shall be $40,000.
Total Funds
$6,743,992
Other Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$6,643,992
State General Funds
$6,643,992
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,504,848
$6,604,848
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$148,647
$148,647
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($13,680)
($13,680)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$4,177
$4,177
Amount appropriated in this Act
$6,643,992
$6,743,992
27.3. 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
$8,744,754
State Funds
$8,744,754
State General Funds
$8,744,754
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,568,626
$8,568,626
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$167,611
$167,611
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$14,144
$14,144
Reflect an adjustment in TeamWorks billings.
($17,038)
($17,038)
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment in payroll shared services billings. Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Amount appropriated in this Act
$6,543 $4,868
$8,744,754
$6,543 $4,868
$8,744,754
The following appropriations are for agencies attached for administrative purposes.
27.4. 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
$1,008,362
Federal Funds and Grants
$5,000
Federal Funds Not Specifically Identified
$5,000
State Funds
$1,003,362
State General Funds
$1,003,362
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$981,295
$986,295
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$22,517
$22,517
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,127)
($1,127)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$677
$677
Amount appropriated in this Act
$1,003,362
$1,008,362
27.5. 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
$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 76) as amended
$824,505
$824,505
1275
1276
JOURNAL OF THE HOUSE
Transfer funds for supporting Georgia's children and families to the Office of Children and Families program in the Department of Public Health.
Amount appropriated in this Act
($824,505) $0
($824,505) $0
27.6. 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
$33,083,852
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
$2,572,814
State General Funds
$2,572,814
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,534,416
$33,045,454
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$39,162
$39,162
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,299)
($2,299)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$1,535
$1,535
Amount appropriated in this Act
$2,572,814
$33,083,852
27.7. 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
$690,087
State Funds
$690,087
State General Funds
$690,087
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
FRIDAY, FEBRUARY 19, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Amount appropriated in this Act
State Funds $695,777 $15,932
$0 ($22,100)
$478
$690,087
Total Funds $695,777 $15,932
$0 ($22,100)
$478
$690,087
27.8. 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
$7,463,679
Federal Funds and Grants
$411,930
Federal Funds Not Specifically Identified
$411,930
Other Funds
$500
Other Funds - Not Specifically Identified
$500
State Funds
$7,051,249
State General Funds
$7,051,249
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,887,089
$7,299,519
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$167,199
$167,199
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($7,587)
($7,587)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$4,548
$4,548
Amount appropriated in this Act
$7,051,249
$7,463,679
27.9. Office of the State Inspector General Purpose: The purpose of this appropriation is to foster and promote
1277
1278
JOURNAL OF THE HOUSE
accountability and integrity in state government by investigating and
preventing fraud, waste, and abuse.
Total Funds
$688,146
State Funds
$688,146
State General Funds
$688,146
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$670,679
$670,679
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,799
$16,799
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$176
$176
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$492
$492
Amount appropriated in this Act
$688,146
$688,146
27.10. 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
$19,696,818
State Funds
$19,696,818
State General Funds
$19,696,818
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$19,574,080
$19,574,080
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$116,178
$116,178
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$3,332
$3,332
FRIDAY, FEBRUARY 19, 2016
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Utilize $500,000 in Innovation Grant funds to provide grants to local school systems to increase participation and achievement in AP STEAM courses. (H:Yes)
Amount appropriated in this Act
$3,228 $0
$19,696,818
$3,228 $0
$19,696,818
1279
Section 28: Human Services, Department of
Total Funds
$1,775,043,702
Federal Funds and Grants
$1,102,177,888
CCDF Mandatory and Matching Funds (CFDA 93.596)
$209,161
Community Service Block Grant (CFDA 93.569)
$16,735,414
Foster Care Title IV-E (CFDA 93.658)
$91,875,031
Low-Income Home Energy Assistance (CFDA 93.568)
$56,629,642
Medical Assistance Program (CFDA 93.778)
$66,765,192
Social Services Block Grant (CFDA 93.667)
$52,776,023
TANF Transfers to Social Services Block Grant (CFDA 93.558)
$7,649,069
Temporary Assistance for Needy Families Block Grant (CFDA 93.558)
$323,092,670
Federal Funds Not Specifically Identified
$486,445,686
Other Funds
$30,832,966
Agency Funds
$2,841,500
Other Funds - Not Specifically Identified
$27,991,466
State Funds
$641,514,300
State General Funds
$641,514,300
Intra-State Government Transfers
$518,548
Other Intra-State Government Payments
$518,548
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.
1280
JOURNAL OF THE HOUSE
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.
28.1. 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
$91,280,043
Federal Funds and Grants
$57,651,085
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$16,400,000
Federal Funds Not Specifically Identified
$41,251,085
Other Funds
$46,500
Other Funds - Not Specifically Identified
$46,500
State Funds
$33,582,458
State General Funds
$33,582,458
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 76) as amended
$33,722,357
$91,198,734
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$172,177
$172,177
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($90,868)
($90,868)
Reduce funds to reflect an increase in the Federal
($221,208)
$0
Medicaid Assistance Percentage (FMAP) from 67.55%
to 67.89%.
Amount appropriated in this Act
$33,582,458
$91,280,043
FRIDAY, FEBRUARY 19, 2016
28.2. 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
(CFDA 93.558)
$15,500,000
28.3. 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
$14,776,987
Federal Funds and Grants
$13,500,229
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$3,072,670
Federal Funds Not Specifically Identified
$10,427,559
State Funds
$1,276,758
State General Funds
$1,276,758
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 76) as amended
$1,275,033
$15,864,628
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,482
$5,482
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,757)
($3,757)
Transfer the Maternal and Infant Early Childhood Home Visitation (MIECHV) grant to the Infant and Child Essential Health Treatment Services program in the Department of Public Health for home visiting services.
$0
($1,089,366)
Amount appropriated in this Act
$1,276,758
$14,776,987
28.4. 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
28.5. Child Support Services Purpose: The purpose of this appropriation is to encourage and enforce the
1281
1282
JOURNAL OF THE HOUSE
parental responsibility of paying financial support.
Total Funds
$108,765,569
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
$29,122,555
State General Funds
$29,122,555
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 76) as amended
$28,819,045
$108,462,059
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$144,222
$144,222
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($87,979)
($87,979)
Increase funds for 10 parent accountability court coordinators positions.
$247,267
$247,267
Amount appropriated in this Act
$29,122,555
$108,765,569
28.6. 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
$345,378,071
Federal Funds and Grants
$188,454,201
Foster Care Title IV-E (CFDA 93.658)
$30,484,959
Medical Assistance Program (CFDA 93.778)
$240,261
Social Services Block Grant (CFDA 93.667)
$2,844,537
TANF Transfers to Social Services Block Grant (CFDA
93.558)
$7,649,069
Temporary Assistance for Needy Families Block Grant $120,247,997
(CFDA 93.558)
Federal Funds Not Specifically Identified
$26,987,378
State Funds
$156,801,082
State General Funds
$156,801,082
Intra-State Government Transfers
$122,788
Other Intra-State Government Payments
$122,788
FRIDAY, FEBRUARY 19, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$141,978,657
$316,321,908
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,274,491
$5,274,491
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for
$1,033,486
$1,033,486
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in TeamWorks billings.
$63,279
$63,279
Provide funds for 175 additional child protective caseworkers.
$7,367,120
$8,840,544
Transfer TANF funds from the Out-of-Home Care program to reflect projected expenditures.
$0
$49,339,792
Provide funds for 10 additional kinship navigators.
$584,049
$584,049
Reduce funds to align budget with the Temporary Assistance for Needy Families Block Grant (TANF)
$0
($36,579,478)
notice of award.
Provide funds to the Court Appointed Special
$500,000
$500,000
Advocates (CASA) to enhance state-wide capacity for
the program.
Amount appropriated in this Act
$156,801,082
$345,378,071
28.7. 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
28.8. 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
$102,519,709
Federal Funds and Grants
$51,697,276
CCDF Mandatory and Matching Funds (CFDA 93.596)
$209,161
Community Service Block Grant (CFDA 93.569)
$403,981
Foster Care Title IV-E (CFDA 93.658)
$4,241,528
Low-Income Home Energy Assistance (CFDA 93.568)
$674,420
Medical Assistance Program (CFDA 93.778)
$4,062,010
Social Services Block Grant (CFDA 93.667)
$2,539,375
1283
1284
JOURNAL OF THE HOUSE
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$8,406,561
Federal Funds Not Specifically Identified
$31,160,240
Other Funds
$12,828,542
Other Funds - Not Specifically Identified
$12,828,542
State Funds
$37,993,891
State General Funds
$37,993,891
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$36,133,992
$100,659,810
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$155,358
$155,358
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($106,471)
($106,471)
Reflect an adjustment in TeamWorks billings.
($6,021)
($6,021)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$317,033
$317,033
Provide funds to the Division of Family and Children Services (DFCS) Special Assistant Attorney Generals (SAAGs) for a $5 per hour increase.
$1,500,000
$1,500,000
Amount appropriated in this Act
$37,993,891
$102,519,709
28.9. 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
$22,487,191
Federal Funds and Grants
$3,073,433
Social Services Block Grant (CFDA 93.667)
$2,279,539
Federal Funds Not Specifically Identified
$793,894
State Funds
$19,413,758
State General Funds
$19,413,758
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 76) as amended
$16,664,077
$19,787,510
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$305,694
$305,694
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Increase funds for an additional 11 adult protective services caseworkers.
Provide additional funds to cover adult protective services caseworkers added in FY 2015 and FY 2016.
Increase funds to cover the loss of federal revenues and operational costs.
Amount appropriated in this Act
$0 ($209,499)
$760,532 $266,497 $1,626,457 $19,413,758
$0 ($209,499)
$760,532 $266,497 $1,576,457 $22,487,191
28.10. 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
$48,307,228
Federal Funds and Grants
$27,651,543
Social Services Block Grant (CFDA 93.667)
$3,761,430
Federal Funds Not Specifically Identified
$23,890,113
State Funds
$20,655,685
State General Funds
$20,655,685
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$71,099,477
$112,516,279
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$8,523
$8,523
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,841)
($5,841)
Reduce funds to reflect an increase in the Federal
($570,699)
$0
Medicaid Assistance Percentage (FMAP) from 67.55%
to 67.89%.
Transfer the Community Care Services Program (CCSP) to the Medicaid Aged, Blind and Disabled program in the Department of Community Health.
($52,680,775)
($67,016,733)
Increase funds for 1,000 Non-Medicaid Home and Community Based Service slots.
$2,055,000
$2,055,000
Provide funds to transition 125 seniors from nursing homes into community settings.
$750,000
$750,000
Amount appropriated in this Act
$20,655,685
$48,307,228
28.11. Elder Support Services Purpose: The purpose of this appropriation is to assist older Georgians, so
1285
1286
JOURNAL OF THE HOUSE
that they may live in their homes and communities, by providing health,
employment, nutrition, and other support and education services.
Total Funds
$10,499,715
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
$3,883,447
State General Funds
$3,883,447
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 76) as amended
$3,628,538
$10,244,806
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$15,601
$15,601
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($10,692)
($10,692)
Provide additional funds for Meals on Wheels and senior center nutrition programs.
$250,000
$250,000
Amount appropriated in this Act
$3,883,447
$10,499,715
28.12. 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
28.13. 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
$291,429,539
Federal Funds and Grants
$172,995,388
Community Service Block Grant (CFDA 93.569)
$221,296
Foster Care Title IV-E (CFDA 93.658)
$3,940,770
Low-Income Home Energy Assistance (CFDA 93.568)
$635,195
Medical Assistance Program (CFDA 93.778)
$61,290,102
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$22,261,277
Federal Funds Not Specifically Identified
$84,646,748
State Funds
$118,434,151
FRIDAY, FEBRUARY 19, 2016
State General Funds
$118,434,151
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as $107,245,814
$275,531,120
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$4,776,002
$4,776,002
July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,032,211
$1,032,211
Increase funds to hire 180 additional eligibility
$5,380,124
$10,090,206
caseworkers and for operational costs to avoid further
federal penalties and sanctions.
Amount appropriated in this Act
$118,434,151
$291,429,539
28.14. 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
(CFDA 93.558)
$23,492,930
28.15. 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
$288,207,805
Federal Funds and Grants
$101,670,895
Foster Care Title IV-E (CFDA 93.658)
$52,588,511
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$48,850,460
Federal Funds Not Specifically Identified
$231,924
State Funds
$186,536,910
State General Funds
$186,536,910
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$81,687,918
$219,595,868
Transfer TANF to the Child Welfare Services program to reflect projected expenditures.
$0
($49,339,792)
1287
1288
JOURNAL OF THE HOUSE
Increase funds for growth in Out-of-Home Care utilization. Replace prior year Temporary Assistance for Needy Families (TANF) funds with state funds.
Reduce funds to reflect an increase in the Federal Medicaid Assistance Percentage (FMAP) from 67.55% to 67.89%.
Provide funds for a 1.5% provider rate increase for Child Caring Institutions, Child Placing Agencies, foster parents, and relatives.
Amount appropriated in this Act
$51,482,167 $49,339,792
($232,195)
$4,259,228
$186,536,910
$64,352,709 $49,339,792
$0
$4,259,228
$288,207,805
28.16. 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
28.17. 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.
Total Funds
$2,259,519
Federal Funds and Grants
$619,263
Foster Care Title IV-E (CFDA 93.658)
$619,263
State Funds
$1,640,256
State General Funds
$1,640,256
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,638,040
$2,257,303
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$7,043
$7,043
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,827)
($4,827)
Amount appropriated in this Act
$1,640,256
$2,259,519
28.18. 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.
FRIDAY, FEBRUARY 19, 2016
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
28.19. 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
$24,254,980
Federal Funds and Grants
$24,154,980
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$16,554,165
Federal Funds Not Specifically Identified
$7,600,815
State Funds
$100,000
State General Funds
$100,000
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 76) as amended
$0
$19,154,980
Increase funds to provide the state match to implement the Supplemental Nutrition Assistance Program (SNAP) Employment and Training Grant.
$100,000
$5,100,000
Amount appropriated in this Act
$100,000
$24,254,980
The following appropriations are for agencies attached for administrative purposes.
28.20. Council On Aging
Purpose: The purpose of this appropriation is to assist older individuals, atrisk adults, persons with disabilities, their families and caregivers in achieving safe, healthy, independent and self-reliant lives.
Total Funds
$238,554
State Funds
$238,554
State General Funds
$238,554
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$232,731
$232,731
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$5,823
$5,823
1289
1290
JOURNAL OF THE HOUSE
July 1, 2016. Reflect an adjustment in merit system assessments. (H:No)
Amount appropriated in this Act
$0 $238,554
$0 $238,554
28.21. 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
$9,995,967
Federal Funds and Grants
$1,172,819
Medical Assistance Program (CFDA 93.778)
$1,172,819
State Funds
$8,823,148
State General Funds
$8,823,148
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 76) as amended
$8,664,148
$9,836,967
Provide funds to increase each county's allocation from $46,000 to $47,000.
$159,000
$159,000
Amount appropriated in this Act
$8,823,148
$9,995,967
28.22. 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
$3,242,392
Federal Funds and Grants
$2,919,976
Federal Funds Not Specifically Identified
$2,919,976
Other Funds
$36,000
Other Funds - Not Specifically Identified
$36,000
State Funds
$286,416
State General Funds
$286,416
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 76) as amended
$282,801
$3,238,777
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$3,903
$3,903
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($288)
($288)
FRIDAY, FEBRUARY 19, 2016
Amount appropriated in this Act
$286,416
$3,242,392
28.23. 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
$8,806,402
Federal Funds and Grants
$7,474,248
Federal Funds Not Specifically Identified
$7,474,248
Other Funds
$45,000
Other Funds - Not Specifically Identified
$45,000
State Funds
$1,287,154
State General Funds
$1,287,154
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,461,659
$9,565,509
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$20,175
$20,175
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,488)
($1,488)
Transfer savings from contractual services to the Vocational Rehabilitation program for additional services for consumers.
($34,971)
($34,971)
Transfer 12 positions to the Vocational Rehabilitation program to align position functions.
($158,221)
($742,823)
Encourage the Georgia Vocational Rehabilitation
$0
$0
Agency to create third-party cooperative arrangements
with the Technical College System of Georgia to
maximize financial assistance for vocational
rehabilitation clients. (H:Yes)
Amount appropriated in this Act
$1,287,154
$8,806,402
28.24. 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
1291
1292
JOURNAL OF THE HOUSE
28.25. 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
28.26. 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
$1,600,000
State Funds
$1,600,000
State General Funds
$1,600,000
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 76) as amended
$2,069,043
$2,069,043
Reduce funds based on projected expenditures.
($469,043)
($469,043)
Amount appropriated in this Act
$1,600,000
$1,600,000
28.27. 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
$102,761,275
Federal Funds and Grants
$77,495,108
Federal Funds Not Specifically Identified
$77,495,108
Other Funds
$5,528,090
Other Funds - Not Specifically Identified
$5,528,090
State Funds
$19,738,077
State General Funds
$19,738,077
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 76) as amended
$19,294,878
$101,733,474
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$266,322
$266,322
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for
($19,642)
($19,642)
FRIDAY, FEBRUARY 19, 2016
Department of Administrative Services administered self insurance programs. Reflect an adjustment in TeamWorks billings.
Transfer savings from contractual services from the Georgia Vocational Rehabilitation Agency: Departmental Administration program for additional services for consumers.
Transfer 12 positions from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to align position functions.
Amount appropriated in this Act
$3,327 $34,971
$3,327 $34,971
$158,221
$742,823
$19,738,077
$102,761,275
1293
Section 29: 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
$21,445,930 $733,208 $733,208 $339,026 $334,026 $5,000
$20,373,696 $20,373,696
29.1. 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
$1,929,907
State Funds
$1,929,907
State General Funds
$1,929,907
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,866,817
$1,866,817
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$48,785
$48,785
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,927)
($5,927)
Reflect an adjustment in TeamWorks billings.
$4,553
$4,553
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$15,679
$15,679
1294
JOURNAL OF THE HOUSE
Amount appropriated in this Act
$1,929,907
$1,929,907
29.2. 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
$807,555
State Funds
$807,555
State General Funds
$807,555
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$789,431
$789,431
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$20,630
$20,630
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,506)
($2,506)
Amount appropriated in this Act
$807,555
$807,555
29.3. 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
$8,118,856
Federal Funds and Grants
$727,000
Federal Funds Not Specifically Identified
$727,000
Other Funds
$339,026
Agency Funds
$334,026
Other Funds - Not Specifically Identified
$5,000
State Funds
$7,052,830
State General Funds
$7,052,830
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,894,544
$7,960,570
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$180,173
$180,173
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
$0 ($21,887)
$7,052,830
$0 ($21,887)
$8,118,856
29.4. 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
$683,553
State Funds
$683,553
State General Funds
$683,553
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$668,212
$668,212
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$17,462
$17,462
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,121)
($2,121)
Amount appropriated in this Act
$683,553
$683,553
29.5. 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
$9,906,059
Federal Funds and Grants
$6,208
Federal Funds Not Specifically Identified
$6,208
State Funds
$9,899,851
State General Funds
$9,899,851
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$9,677,670
$9,683,878
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$252,904
$252,904
1295
1296
JOURNAL OF THE HOUSE
July 1, 2016. Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
$0 ($30,723)
$9,899,851
$0 ($30,723)
$9,906,059
Section 30: 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
$206,639,835 $50,308,267 $991,680 $49,316,587 $24,658,236 $24,658,236
$131,673,332 $131,673,332
30.1. Bureau Administration
Purpose: The purpose of this appropriation is to provide the highest quality
investigative, scientific, information services, and resources for the purpose of
maintaining law and order and protecting life and property.
Total Funds
$8,177,858
Federal Funds and Grants
$12,600
Federal Funds Not Specifically Identified
$12,600
State Funds
$8,165,258
State General Funds
$8,165,258
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,912,855
$7,925,455
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$114,276
$114,276
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($714)
($714)
Reflect an adjustment in TeamWorks billings.
$73,498
$73,498
Reflect an adjustment in payroll shared services billings.
$869
$869
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$64,474
$64,474
FRIDAY, FEBRUARY 19, 2016
Amount appropriated in this Act
$8,165,258
$8,177,858
30.2. 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
$11,041,071
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
$4,608,492
State General Funds
$4,608,492
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,392,764
$10,825,343
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$215,388
$215,388
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,773)
($1,773)
Reflect an adjustment in payroll shared services billings.
$2,113
$2,113
Amount appropriated in this Act
$4,608,492
$11,041,071
30.3. 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
$35,875,413
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
$35,651,417
State General Funds
$35,651,417
1297
1298
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 76) as
$32,984,331
$33,208,327
amended
Provide funds for merit-based pay adjustments and
$835,259
$835,259
employee recruitment and retention initiatives effective
July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for
($5,382)
($5,382)
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in payroll shared services billings.
$6,240
$6,240
Increase funds for five toxicology scientist positions.
$1,017,205
$1,017,205
Increase funds for four scientist positions.
$813,764
$813,764
Amount appropriated in this Act
$35,651,417
$35,875,413
30.4. 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
$41,089,830
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
$39,861,566
State General Funds
$39,861,566
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$36,084,275
$37,312,539
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$919,954
$919,954
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($6,191)
($6,191)
Reflect an adjustment in payroll shared services billings.
$6,773
$6,773
Increase funds for 20 investigator positions to address increased investigative caseloads statewide.
$3,700,853
$3,700,853
FRIDAY, FEBRUARY 19, 2016
Reduce one-time funds. Amount appropriated in this Act
($844,098) $39,861,566
($844,098) $41,089,830
The following appropriations are for agencies attached for administrative purposes.
30.5. 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
$98,019,966
Federal Funds and Grants
$48,948,786
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$991,680
Federal Funds Not Specifically Identified
$47,957,106
Other Funds
$18,120,278
Other Funds - Not Specifically Identified
$18,120,278
State Funds
$30,950,902
State General Funds
$30,950,902
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 76) as amended
$27,634,621
$94,703,685
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$28,318
$28,318
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,864)
($1,864)
Reflect an adjustment in TeamWorks billings.
$1,937
$1,937
Reflect an adjustment in payroll shared services billings.
$1,303
$1,303
Transfer funds to the Council of Accountability Court Judges program at the Judicial Council for personal services and operating costs to support IT infrastructure, research, case management, and statewide reporting pursuant to HB 328 (2015 Session).
($156,631)
($156,631)
Increase funds for the Accountability Court Grants Program to expand and create adult felony drug courts.
$1,545,589
$1,545,589
Increase funds for the Accountability Court Grants Program to expand existing courts and provide the state match to implement and support new veterans' courts.
$461,735
$461,735
Increase funds for the Accountability Court Grants Program to expand and create mental health accountability courts.
$638,725
$638,725
1299
1300
JOURNAL OF THE HOUSE
Increase funds for the Accountability Court Grants Program to expand and create family dependency treatment courts.
Increase funds for the Accountability Court Grants Program to expand DUI accountability courts.
Increase funds to expand the Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders.
Increase funds for the Accountability Court Grants Program to provide fidelity reviews and technical monitoring for treatment providers. (H:Increase funds for the Juvenile Incentive Funding Grant Program to provide fidelity reviews and technical monitoring for treatment providers. )
Increase funds for the Accountability Court Grants Program to enter into an agreement with the Department of Driver Services to provide one position for a dedicated call center for driver's license reinstatement.
Transfer funds to establish the new administrative staff for the Council of Accountability Court Judges Program at the Criminal Justice Coordinating Council pursuant to HB 328 (2015 Session).
Amount appropriated in this Act
$256,604 $390,175 $250,000 $247,000
$50,000 ($396,610) $30,950,902
$256,604 $390,175 $250,000 $247,000
$50,000 ($396,610) $98,019,966
30.6. Criminal Justice Coordinating Council: Council of Accountability Court
Judges
Purpose: The purpose of this appropriation is to support adult felony drug
courts, DUI courts, juvenile drug courts, family dependency treatment courts,
mental health courts, and veteran's courts, as well as the Council of
Accountability Court Judges. 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
$403,247
State Funds
$403,247
State General Funds
$403,247
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$6,637
$6,637
Transfer funds from the Criminal Justice Coordinating Council (CJCC) program to establish the administrative staff for the Council of Accountability Court Judges program at CJCC pursuant to HB 328 (2015 Session).
$396,610
$396,610
Amount appropriated in this Act
$403,247
$403,247
FRIDAY, FEBRUARY 19, 2016
30.7. 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
$12,032,450
State Funds
$12,032,450
State General Funds
$12,032,450
1301
Section 31: 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
$334,629,229 $6,804,611 $1,495,178 $5,309,433 $340,165 $340,165
$327,484,453 $327,484,453
31.1. 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
$95,511,115
Federal Funds and Grants
$2,189,222
Foster Care Title IV-E (CFDA 93.658)
$1,495,178
Federal Funds Not Specifically Identified
$694,044
Other Funds
$300,305
Other Funds - Not Specifically Identified
$300,305
State Funds
$93,021,588
State General Funds
$93,021,588
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 76) as amended
$86,143,081
$88,632,608
1302
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
Transfer funds from the Secure Commitment (YDCs) program for 16 school resource officer positions to be located at the five newly created Regional Educational Transition Centers.
Transfer funds from the Secure Commitment (YDCs) program for Commercial Sexual Exploitation of Children (CSEC) Victims' Facility operations.
Transfer funds from the Secure Commitment (YDCs) program for 40 step-down slots as part of juvenile justice reform initiatives.
Transfer funds from the Secure Commitment (YDCs) program to implement a salary increase for juvenile probation and parole officers.
Provide funds for a 1.5% provider rate increase for Child Caring Institutions.
Amount appropriated in this Act
$1,443,914 $0
($18,392) $5,299
$981,169
$402,726 $2,727,088 $1,064,603
$272,100 $93,021,588
$1,443,914 $0
($18,392) $5,299
$981,169
$402,726 $2,727,088 $1,064,603
$272,100 $95,511,115
31.2. 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
$24,864,927
Federal Funds and Grants
$743,202
Federal Funds Not Specifically Identified
$743,202
Other Funds
$18,130
Other Funds - Not Specifically Identified
$18,130
State Funds
$24,103,595
State General Funds
$24,103,595
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$23,535,119
$24,296,451
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$392,382
$392,382
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,820)
($3,820)
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment in TeamWorks billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
Amount appropriated in this Act
$8,843 $163,958
$7,113 $24,103,595
$8,843 $163,958
$7,113 $24,864,927
31.3. 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
$94,588,993
Federal Funds and Grants
$2,470,420
Federal Funds Not Specifically Identified
$2,470,420
Other Funds
$17,748
Other Funds - Not Specifically Identified
$17,748
State Funds
$92,100,825
State General Funds
$92,100,825
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$93,787,929
$96,276,097
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,882,462
$1,882,462
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($24,790)
($24,790)
Reflect an adjustment in TeamWorks billings.
$5,279
$5,279
Transfer funds to the Community Services program for 40 step-down slots as part of juvenile justice reform initiatives.
($2,727,088)
($2,727,088)
Transfer funds to the Community Services program for Commercial Sexual Exploitation of Children (CSEC) Victims' Facility operations.
($402,726)
($402,726)
Transfer funds to the Community Services program to implement a salary increase for juvenile probation and parole officers.
($1,064,603)
($1,064,603)
Transfer funds to the Community Services program to provide for 16 school resource officer positions to be located at the five newly created Regional Educational Transition Centers.
($981,169)
($981,169)
1303
1304
JOURNAL OF THE HOUSE
Utilize anticipated savings of $281,471 from the Milan YDC to support the Residential Substance Abuse Treatment (RSAT) program. (G:Yes) (H:Yes)
Utilize anticipated savings of $1,180,721 from the Milan YDC to fill vacancies as efforts to promote recruitment and retention are implemented. (G:Yes) (H:Yes)
Transfer funds to the Secure Detention (RYDCs) program for facility sustainment costs.
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
Redirect $461,550 in funds from the Milan Youth Development Campus to support facility sustainment costs. (G:Yes) (H:Yes)
Amount appropriated in this Act
$0 $0
($683,736) $2,309,267
$0 $92,100,825
$0 $0
($683,736) $2,309,267
$0 $94,588,993
31.4. 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
$119,664,194
Federal Funds and Grants
$1,401,767
Federal Funds Not Specifically Identified
$1,401,767
Other Funds
$3,982
Other Funds - Not Specifically Identified
$3,982
State Funds
$118,258,445
State General Funds
$118,258,445
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 76) as amended
$109,292,919
$110,698,668
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$2,503,459
$2,503,459
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($32,786)
($32,786)
Reflect an adjustment in TeamWorks billings.
$6,609
$6,609
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
$3,136,979
$3,136,979
FRIDAY, FEBRUARY 19, 2016
Transfer funds from the Secure Commitment (YDCs) program for facility sustainment costs.
Increase funds to add 63 positions and operational funds for security management, education, and medical services at Terrell Regional Youth Detention Center effective October 1, 2016.
Amount appropriated in this Act
$683,736 $2,667,529
$118,258,445
$683,736 $2,667,529
$119,664,194
1305
Section 32: 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
$132,595,551 $117,319,857 $117,319,857
$1,842,251 $1,842,251 $13,293,170 $13,293,170
$140,273 $140,273
32.1. 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
$33,908,891
Federal Funds and Grants
$31,312,292
Federal Funds Not Specifically Identified
$31,312,292
Other Funds
$772,585
Other Funds - Not Specifically Identified
$772,585
State Funds
$1,683,741
State General Funds
$1,683,741
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 76) as amended
$1,638,327
$33,863,477
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$19,185
$19,185
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($489)
($489)
1306
JOURNAL OF THE HOUSE
Reflect an adjustment in TeamWorks billings. Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Amount appropriated in this Act
$19,997 $6,721
$1,683,741
$19,997 $6,721
$33,908,891
32.2. 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
$2,394,639
Federal Funds and Grants
$2,394,639
Federal Funds Not Specifically Identified
$2,394,639
32.3. 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
$38,913,612
Federal Funds and Grants
$34,599,186
Federal Funds Not Specifically Identified
$34,599,186
State Funds
$4,314,426
State General Funds
$4,314,426
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 76) as amended
$4,228,565
$38,827,751
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$90,571
$90,571
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,710)
($4,710)
Utilize existing state funds for the collection of administrative assessments. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$4,314,426
$38,913,612
32.4. 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
$57,378,409
Federal Funds and Grants
$49,013,740
Federal Funds Not Specifically Identified
$49,013,740
FRIDAY, FEBRUARY 19, 2016
Other Funds
$1,069,666
Other Funds - Not Specifically Identified
$1,069,666
State Funds
$7,295,003
State General Funds
$7,295,003
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,173,431
$57,256,837
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$127,293
$127,293
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,721)
($5,721)
Amount appropriated in this Act
$7,295,003
$57,378,409
1307
Section 33: 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.
$71,907,886 $3,597,990 $3,597,990 $37,256,814 $37,256,814 $31,053,082 $31,053,082
33.1. 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
$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 76) as amended
$4,818,706
$5,486,395
Transfer funds, 65 positions, and two vehicles to the Department of Law program to consolidate consumer
($4,818,706)
($5,486,395)
1308
JOURNAL OF THE HOUSE
protection activities. Amount appropriated in this Act
$0
$0
33.2. 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
$66,967,928
Other Funds
$37,254,703
Other Funds - Not Specifically Identified
$37,254,703
State Funds
$29,713,225
State General Funds
$29,713,225
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$20,814,264
$57,401,278
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$827,773
$827,773
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($43,047)
($43,047)
Reflect an adjustment in TeamWorks billings.
$6,803
$6,803
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$25,926
$25,926
Transfer funds, 65 positions, and two vehicles from the Consumer Protection program to consolidate consumer protection activities.
$4,818,706
$5,486,395
Increase funds to implement a new salary structure to target attorneys with up to 15 years of experience and to address salary compression for more experienced attorneys.
$2,400,000
$2,400,000
Increase funds to retain key attorneys and develop future agency leaders.
$569,800
$569,800
Increase funds to establish a fellowship program to recruit top talent for the agency.
$293,000
$293,000
Amount appropriated in this Act
$29,713,225
$66,967,928
33.3. 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.
FRIDAY, FEBRUARY 19, 2016
Total Funds
$4,939,958
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
$1,339,857
State General Funds
$1,339,857
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,308,368
$4,908,469
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$31,489
$31,489
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$1,339,857
$4,939,958
1309
Section 34: 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 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.
$247,750,436 $46,510,538
$11,607
$46,498,931 $96,919,142 $23,957,835 $72,961,307 $104,320,756 $104,320,756
34.1. 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
1310
JOURNAL OF THE HOUSE
enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs.
Total Funds
$7,354,040
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
$2,191,494
State General Funds
$2,191,494
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,137,916
$7,300,462
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$56,273
$56,273
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,695)
($2,695)
Amount appropriated in this Act
$2,191,494
$7,354,040
34.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$12,281,914
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
$12,132,849
State General Funds
$12,132,849
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$11,845,766
$11,994,831
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$204,231
$204,231
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in TeamWorks billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Amount appropriated in this Act
($8,653) $32,242 $59,263
$12,132,849
($8,653) $32,242 $59,263
$12,281,914
34.3. 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
$110,298,474
Federal Funds and Grants
$24,910,777
Federal Funds Not Specifically Identified
$24,910,777
Other Funds
$55,793,855
Agency Funds
$23,957,835
Other Funds - Not Specifically Identified
$31,836,020
State Funds
$29,593,842
State General Funds
$29,593,842
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$30,054,296
$110,758,928
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$553,982
$553,982
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
1311
1312
JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reduce funds.
Amount appropriated in this Act
($104,436)
($104,436)
($910,000) $29,593,842
($910,000) $110,298,474
34.4. 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
34.5. 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
$2,737,799
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
$1,717,012
State General Funds
$1,717,012
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,628,998
$2,649,785
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$33,802
$33,802
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,788)
($3,788)
Provide funds for one architectural reviewer.
$58,000
$58,000
Amount appropriated in this Act
$1,717,012
$2,737,799
FRIDAY, FEBRUARY 19, 2016
34.6. 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, archaeological, 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
$20,897,611
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
$18,645,496
State General Funds
$18,645,496
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$18,174,399
$20,426,514
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$502,821
$502,821
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($31,724)
($31,724)
Amount appropriated in this Act
$18,645,496
$20,897,611
34.7. 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
$49,091,037
Federal Funds and Grants
$1,704,029
Federal Funds Not Specifically Identified
$1,704,029
Other Funds
$32,391,791
Other Funds - Not Specifically Identified
$32,391,791
State Funds
$14,995,217
State General Funds
$14,995,217
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 76) as amended
$14,796,763
$48,892,583
1313
1314
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Provide funds for raising sunken vessels causing navigational hazards in Lake Lanier.
Amount appropriated in this Act
$179,980
$0 ($6,526)
$25,000 $14,995,217
$179,980
$0 ($6,526)
$25,000 $49,091,037
34.8. Solid Waste Trust Fund
Purpose: The purpose of this appropriation is to fund the administration of the
scrap tire management activity; 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
34.9. 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
$38,341,363
Federal Funds and Grants
$11,461,866
Federal Funds Not Specifically Identified
$11,461,866
Other Funds
$8,582,849
Other Funds - Not Specifically Identified
$8,582,849
State Funds
$18,296,648
State General Funds
$18,296,648
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$17,924,057
$37,968,772
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$418,650
$418,650
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
($46,059) $18,296,648
($46,059) $38,341,363
1315
Section 35: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$17,252,274 $806,050 $806,050
$16,446,224 $16,446,224
35.1. Board Administration
Purpose: The purpose of this appropriation is to provide administrative
support for the agency.
Total Funds
$1,092,504
State Funds
$1,092,504
State General Funds
$1,092,504
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,319,596
$1,319,596
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$17,773
$17,773
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($25,303)
($25,303)
Reflect an adjustment in TeamWorks billings.
($85,053)
($85,053)
Reflect an adjustment in payroll shared services billings.
($30,809)
($30,809)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$7,220
$7,220
Transfer funds and two positions to the Department of Community Supervision's Departmental Administration program.
($110,920)
($110,920)
Amount appropriated in this Act
$1,092,504
$1,092,504
35.2. Clemency Decisions
Purpose: The purpose of this appropriation is to support the Board in exercising its constitutional authority over executive clemency. This includes setting tentative parole dates for offenders in the correctional system and all aspects of parole status of offenders in the community including warrants,
1316
JOURNAL OF THE HOUSE
violations, commutations, and revocations. The Board coordinates all
interstate compact release matters regarding the acceptance and placement of
parolees into and from the State of Georgia and administers the pardon
process by reviewing all applications and granting or denying these
applications based on specific criteria.
Total Funds
$15,668,432
Federal Funds and Grants
$806,050
Federal Funds Not Specifically Identified
$806,050
State Funds
$14,862,382
State General Funds
$14,862,382
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$12,262,630
$12,262,630
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$407,879
$407,879
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($127,019)
($127,019)
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Transfer funds from the Department of Community Supervision's Field Services program to accurately reflect real estate rental costs.
$16,528
$16,528
Transfer funds from the Governor's Office of Transition, Support, and Re-Entry to accurately reflect real estate rental costs.
$129,115
$129,115
Transfer funds and 20 positions from the Parole Supervision program.
$2,173,249
$2,979,299
Amount appropriated in this Act
$14,862,382
$15,668,432
35.3. 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
$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 76) as amended
$31,782,779
$32,588,829
Transfer funds and 20 positions to the Clemency Decisions program.
($2,173,249)
($2,979,299)
FRIDAY, FEBRUARY 19, 2016
Transfer funds and 480 positions to the Department of Community Supervision's Field Services program. Transfer funds and four positions to the Governor's Office of Transition, Support, and Reentry.
Amount appropriated in this Act
($29,217,168) ($392,362) $0
($29,217,168) ($392,362) $0
35.4. 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
$491,338
State Funds
$491,338
State General Funds
$491,338
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$482,110
$482,110
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$13,276
$13,276
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,048)
($4,048)
Amount appropriated in this Act
$491,338
$491,338
1317
Section 36: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified
36.1. State Properties Commission
Purpose: The purpose of this appropriation is to maintain long-term plans for
state buildings and land; to compile an accessible database of state-owned and
leased real property with information about utilization, demand management,
and space standards; and to negotiate better rates in the leasing market and
property acquisitions and dispositions.
Total Funds
$1,750,000
Other Funds
$1,750,000
Other Funds - Not Specifically Identified
$1,750,000
$1,750,000 $1,750,000 $1,750,000
1318
JOURNAL OF THE HOUSE
Section 37: Public Defender Council, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$52,741,414 $340,000 $340,000
$52,401,414 $52,401,414
37.1. Public Defender 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
$7,793,877
Other Funds
$340,000
Other Funds - Not Specifically Identified
$340,000
State Funds
$7,453,877
State General Funds
$7,453,877
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,097,779
$7,437,779
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$166,949
$166,949
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,318
$2,318
Reflect an adjustment in TeamWorks billings.
$13,501
$13,501
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$59,354
$59,354
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Reflect a change in the program name. (G:Yes) (H:Yes)
$0
$0
Increase funds to hire an additional trial team for the
$0
$0
Georgia Capital Defender and assign the fact
investigator to the Atlanta office. (H:Yes; Reflect in the
Public Defenders program.)
Increase funds for one additional attorney position for the Office of the Mental Health Advocate.
$113,976
$113,976
Amount appropriated in this Act
$7,453,877
$7,793,877
37.2. Public Defenders
Purpose: The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to
FRIDAY, FEBRUARY 19, 2016
representation under this chapter; provided that staffing for circuits are based
on O.C.G.A. 17-12.
Total Funds
$44,947,537
State Funds
$44,947,537
State General Funds
$44,947,537
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 76) as amended
$40,923,986
$40,923,986
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$978,931
$978,931
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,390
$6,390
Reflect an adjustment in TeamWorks billings.
$1,302
$1,302
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Increase funds to annualize an additional assistant public defender position to reflect a new judgeship in the Western judicial circuit.
$54,132
$54,132
Increase funds to annualize a 5% salary enhancement to circuit public defender salaries and a $6,000 accountability court supplement.
$361,202
$361,202
Increase funds to reflect an accountability court supplement for circuit public defenders for six newly established accountability courts in the following circuits: Cordele, Houston, Middle, Paulding, Rome, and Toombs.
$55,829
$55,829
Increase state funds for 20 additional juvenile public defenders.
$1,640,246
$1,640,246
Increase funds to provide salary and operating expenses in accordance with the Cordele settlement agreement.
$118,000
$118,000
Increase funds to hire an additional trial team for the Georgia Capital Defender and assign the fact investigator to the Atlanta office.
$415,201
$415,201
Reduce funds to reflect savings associated with the purchase of new vehicles.
($163,715)
($163,715)
Increase funds for personal services for recruitment, retention, and career advancement of assistant public defenders.
$556,033
$556,033
Amount appropriated in this Act
$44,947,537
$44,947,537
1319
Section 38: Public Health, Department of Total Funds Federal Funds and Grants
$668,305,561 $397,247,775
1320
JOURNAL OF THE HOUSE
Maternal and Child Health Services Block Grant (CFDA 93.994) Medical Assistance Program (CFDA 93.778) 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 Intra-State Government Transfers Other Intra-State Government Payments
$16,864,606 $246,842
$2,403,579 $10,404,529 $367,328,219 $13,816,542
$644,830 $13,171,712 $257,050,727 $1,325,935 $242,006,932 $13,717,860
$190,517 $190,517
38.1. 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
$32,534,606
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
(CFDA 93.558)
$10,404,529
Federal Funds Not Specifically Identified
$8,397,424
Other Funds
$745,000
Other Funds - Not Specifically Identified
$745,000
State Funds
$12,321,825
State General Funds
$5,464,646
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 76) as amended
$10,643,994
$30,856,775
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,597
$23,597
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
FRIDAY, FEBRUARY 19, 2016
Increase funds to provide for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes. Eliminate one-time matching funds for the Georgiacancerinfo.org website. (H:No) Replace federal funds. Provide funds for the Positive Alternatives for Pregnancy and Parenting Grant Program.
Amount appropriated in this Act
$2,337
$0 $651,897 $1,000,000 $12,321,825
$2,337
$0 $651,897 $1,000,000 $32,534,606
38.2. 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
38.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all departmental programs.
Total Funds
$35,015,020
Federal Funds and Grants
$8,312,856
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$1,266,938
Federal Funds Not Specifically Identified
$7,045,918
Other Funds
$3,945,000
Other Funds - Not Specifically Identified
$3,945,000
State Funds
$22,566,647
State General Funds
$22,434,852
Tobacco Settlement Funds
$131,795
Intra-State Government Transfers
$190,517
Other Intra-State Government Payments
$190,517
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$22,381,455
$34,829,828
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$138,646
$138,646
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
1321
1322
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.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Increase funds to provide for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes.
Provide funds for telehealth maintenance and infrastructure.
Amount appropriated in this Act
($144,672) $25,346 $38,047
$5,629 $122,196 $22,566,647
($144,672) $25,346 $38,047
$5,629 $122,196 $35,015,020
38.4. 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
$26,448,280
Federal Funds and Grants
$23,675,473
Maternal and Child Health Services Block Grant (CFDA
93.994)
$350,000
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$200,000
Federal Funds Not Specifically Identified
$23,125,473
Other Funds
$171,976
Other Funds - Not Specifically Identified
$171,976
State Funds
$2,600,831
State General Funds
$2,600,831
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 76) as amended
$2,584,725
$26,432,174
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,106
$16,106
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$2,600,831
$26,448,280
38.5. 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
$11,564,832
Federal Funds and Grants
$6,749,343
FRIDAY, FEBRUARY 19, 2016
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
$4,790,333
State General Funds
$4,674,696
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 76) as amended
$4,562,622
$11,337,121
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$27,711
$27,711
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Increase funds for the Georgia Poison Center to support additional staffing needs.
$100,000
$100,000
Provide funds for the Georgia Poison Center for a telephone-based stroke support program for pre-hospital providers.
$100,000
$100,000
Amount appropriated in this Act
$4,790,333
$11,564,832
38.6. Immunization
Purpose: The purpose of this appropriation is to provide immunization,
consultation, training, assessment, vaccines, and technical assistance.
Total Funds
$9,254,645
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
$2,543,457
State General Funds
$2,543,457
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 76) as amended
$2,527,706
$9,238,894
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$15,751
$15,751
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$2,543,457
$9,254,645
1323
1324
JOURNAL OF THE HOUSE
38.7. 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
$50,794,775
Federal Funds and Grants
$24,082,186
Maternal and Child Health Services Block Grant (CFDA
93.994)
$8,605,171
Medical Assistance Program (CFDA 93.778)
$246,842
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$132,509
Federal Funds Not Specifically Identified
$15,097,664
Other Funds
$3,618,978
Agency Funds
$9,403
Other Funds - Not Specifically Identified
$3,609,575
State Funds
$23,093,611
State General Funds
$23,093,611
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 76) as amended
$21,122,570
$47,487,526
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$131,623
$131,623
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Transfer the Maternal and Infant Early Childhood Home Visitation (MIECHV) grant from the Child Abuse and Neglect Prevention program in the Department of Human Services.
$0
$1,089,366
Provide funds for therapies for children with congenital disorders pursuant to O.C.G.A. 31-12-6. (H:Yes; Provide funds for therapies for individuals with congenital disorders pursuant to O.C.G.A. 31-12-6.)
$1,722,240
$1,722,240
Eliminate one-time funds for the Georgia Comprehensive Sickle Cell Center. (H:No)
$0
$0
Increase funds for the Medical College of Georgia Sickle Cell Center at Augusta University.
$117,178
$364,020
Amount appropriated in this Act
$23,093,611
$50,794,775
38.8. 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
$276,609,313
Federal Funds and Grants
$263,629,246
Maternal and Child Health Services Block Grant (CFDA
93.994)
$7,392,607
FRIDAY, FEBRUARY 19, 2016
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
$12,893,480
State General Funds
$12,893,480
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$12,838,479
$276,554,312
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$80,001
$80,001
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Eliminate one-time funds for the Rally Foundation for Childhood Cancer Research.
($25,000)
($25,000)
Amount appropriated in this Act
$12,893,480
$276,609,313
38.9. 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
$79,849,734
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
$31,909,064
State General Funds
$31,909,064
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$31,696,391
$79,637,061
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$197,512
$197,512
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Increase funds for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes.
$15,161
$15,161
Amount appropriated in this Act
$31,909,064
$79,849,734
1325
1326
JOURNAL OF THE HOUSE
38.10. 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
$4,872,080
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
$3,799,883
State General Funds
$3,799,883
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,776,351
$4,848,548
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,532
$23,532
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$3,799,883
$4,872,080
38.11. Office for Children and Families
Purpose: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.
Total Funds
$827,428
State Funds
$827,428
State General Funds
$827,428
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$2,923
$2,923
Transfer funds for supporting Georgia's children and families from the Governor's Office for Children and Families.
$824,505
$824,505
Amount appropriated in this Act
$827,428
$827,428
38.12. Public Health Formula Grants to Counties Purpose: The purpose of this appropriation is to provide general grant-in-aid
FRIDAY, FEBRUARY 19, 2016
to county boards of health delivering local public health services.
Total Funds
$111,047,289
State Funds
$111,047,289
State General Funds
$111,047,289
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$100,343,948
$100,343,948
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$7,300,606
$7,300,606
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment in TeamWorks billings.
$29,812
$29,812
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$184,080
$184,080
Provide funds to complete the phase-in of the new general grant-in-aid formula to hold harmless all counties. (H:Increase funds for the sixth year phase-in of the new grant-in-aid formula to hold harmless all counties.)
$1,388,991
$1,388,991
Increase funds to provide for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes.
$1,799,852
$1,799,852
Amount appropriated in this Act
$111,047,289
$111,047,289
38.13. 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
$4,863,252
Federal Funds and Grants
$530,680
Federal Funds Not Specifically Identified
$530,680
State Funds
$4,332,572
State General Funds
$4,332,572
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,786,253
$4,316,933
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,594
$23,594
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
1327
1328
JOURNAL OF THE HOUSE
Provide funds for new Vital Records facility real estate rent.
Amount appropriated in this Act
$522,725 $4,332,572
$522,725 $4,863,252
The following appropriations are for agencies attached for administrative purposes.
38.14. 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
$1,325,935
State Funds
$1,325,935
Brain and Spinal Injury Trust Fund
$1,325,935
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,458,567
$1,458,567
Reduce funds to reflect FY 2015 collections.
($132,632)
($132,632)
Utilize prior year funds of $132,632 to maintain budget
$0
$0
at current level. (G:Yes) (H:Yes)
Amount appropriated in this Act
$1,325,935
$1,325,935
38.15. 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 to participate in the accountability
mechanism for the entire Georgia trauma system, primarily overseeing the
flow of funds for system improvement.
Total Funds
$16,385,123
State Funds
$16,385,123
State General Funds
$16,385,123
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$16,372,494
$16,372,494
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$12,629
$12,629
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$16,385,123
$16,385,123
FRIDAY, FEBRUARY 19, 2016
1329
Section 39: 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
$202,964,875 $23,504,462 $23,504,462 $5,336,165 $5,336,165
$150,816,181 $150,816,181
$23,308,067 $23,308,067
39.1. 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
$4,130,634
Federal Funds and Grants
$10,034
Federal Funds Not Specifically Identified
$10,034
Other Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$4,020,600
State General Funds
$4,020,600
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,104,714
$4,214,748
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$60,286
$60,286
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$5,600
$5,600
Reduce one-time funds for Perry airport hangar.
($150,000)
($150,000)
Amount appropriated in this Act
$4,020,600
$4,130,634
39.2. 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
1330
JOURNAL OF THE HOUSE
individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol.
Total Funds
$8,143,321
Intra-State Government Transfers
$8,143,321
Other Intra-State Government Payments
$8,143,321
39.3. 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
$9,063,703
Federal Funds and Grants
$5,571
Federal Funds Not Specifically Identified
$5,571
Other Funds
$3,510
Other Funds - Not Specifically Identified
$3,510
State Funds
$9,054,622
State General Funds
$9,054,622
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,690,701
$8,699,782
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$223,769
$223,769
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$24,442
$24,442
Reflect an adjustment in TeamWorks billings.
$11,710
$11,710
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$104,000
$104,000
Amount appropriated in this Act
$9,054,622
$9,063,703
39.4. 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
$118,050,119
FRIDAY, FEBRUARY 19, 2016
Federal Funds and Grants
$1,888,148
Federal Funds Not Specifically Identified
$1,888,148
Other Funds
$850,000
Other Funds - Not Specifically Identified
$850,000
State Funds
$107,613,263
State General Funds
$107,613,263
Intra-State Government Transfers
$7,698,708
Other Intra-State Government Payments
$7,698,708
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$101,817,527
$112,254,383
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$2,598,043
$2,598,043
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$339,557
$339,557
Reflect an adjustment in TeamWorks billings.
$13,964
$13,964
Increase funds for a 50 man trooper school.
$2,844,172
$2,844,172
Amount appropriated in this Act
$107,613,263
$118,050,119
39.5. 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
$17,973,652
Federal Funds and Grants
$2,627,825
Federal Funds Not Specifically Identified
$2,627,825
Other Funds
$2,703,467
Other Funds - Not Specifically Identified
$2,703,467
State Funds
$10,456,291
State General Funds
$10,456,291
Intra-State Government Transfers
$2,186,069
Other Intra-State Government Payments
$2,186,069
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,073,561
$17,590,922
1331
1332
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
$309,243 $0
$73,487 $10,456,291
$309,243 $0
$73,487 $17,973,652
The following appropriations are for agencies attached for administrative purposes.
39.6. 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
$775,680
State Funds
$775,680
State General Funds
$775,680
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$695,864
$695,864
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$12,055
$12,055
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,239)
($2,239)
Increase funds for one compliance and evaluation position.
$70,000
$70,000
Use existing funds for IT and other operating costs. (H:Yes)
$0
$0
Amount appropriated in this Act
$775,680
$775,680
39.7. 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
$21,954,139
Federal Funds and Grants
$17,912,078
Federal Funds Not Specifically Identified
$17,912,078
FRIDAY, FEBRUARY 19, 2016
Other Funds
$337,102
Other Funds - Not Specifically Identified
$337,102
State Funds
$3,505,779
State General Funds
$3,505,779
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 76) as amended
$3,494,886
$21,943,246
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$11,355
$11,355
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($462)
($462)
Amount appropriated in this Act
$3,505,779
$21,954,139
39.8. 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
$3,070,737
State Funds
$3,070,737
State General Funds
$3,070,737
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 76) as amended
$2,904,319
$2,904,319
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$68,754
$68,754
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($8,152)
($8,152)
Increase funds for one curriculum development position.
$105,816
$105,816
Amount appropriated in this Act
$3,070,737
$3,070,737
1333
1334
JOURNAL OF THE HOUSE
39.9. 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
$19,802,890
Federal Funds and Grants
$1,060,806
Federal Funds Not Specifically Identified
$1,060,806
Other Funds
$1,342,086
Other Funds - Not Specifically Identified
$1,342,086
State Funds
$12,319,209
State General Funds
$12,319,209
Intra-State Government Transfers
$5,080,789
Other Intra-State Government Payments
$5,080,789
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$11,743,950
$19,227,631
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$275,332
$275,332
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($10,753)
($10,753)
Increase funds for training courses at the Fire Academy.
$240,000
$240,000
Increase funds for operating expenses at the Columbia County and Rome academies.
$70,680
$70,680
Amount appropriated in this Act
$12,319,209
$19,802,890
Section 40: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
40.1. Commission Administration
Purpose: The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.
Total Funds
$1,535,876
Federal Funds and Grants
$83,500
Federal Funds Not Specifically Identified
$83,500
$10,529,143 $1,343,100 $1,343,100 $9,186,043 $9,186,043
FRIDAY, FEBRUARY 19, 2016
State Funds
$1,452,376
State General Funds
$1,452,376
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,299,406
$1,382,906
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$32,028
$32,028
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($22)
($22)
Reflect an adjustment in TeamWorks billings.
$148
$148
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$6,839
$6,839
Provide funds for one operations support analyst.
$113,977
$113,977
Retain one-time funds for information technology. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$1,452,376
$1,535,876
40.2. 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
$2,328,128
Federal Funds and Grants
$1,231,100
Federal Funds Not Specifically Identified
$1,231,100
State Funds
$1,097,028
State General Funds
$1,097,028
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,048,728
$2,279,828
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$50,656
$50,656
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,653)
($2,653)
Reflect an adjustment in TeamWorks billings.
$297
$297
Amount appropriated in this Act
$1,097,028
$2,328,128
1335
1336
JOURNAL OF THE HOUSE
40.3. 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
$6,665,139
Federal Funds and Grants
$28,500
Federal Funds Not Specifically Identified
$28,500
State Funds
$6,636,639
State General Funds
$6,636,639
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,134,264
$6,162,764
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$144,153
$144,153
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($688)
($688)
Reflect an adjustment in TeamWorks billings.
$697
$697
Provide funds for three utilities analysts ($317,507) and increase funds for the recruitment of one engineer analyst ($40,706).
$358,213
$358,213
Amount appropriated in this Act
$6,636,639
$6,665,139
Section 41: 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
$7,216,303,187 $5,087,746,763 $2,893,701,537
$5,125,814 $606,000
$2,188,313,412 $2,128,556,424 $2,128,556,424
41.1. 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.
FRIDAY, FEBRUARY 19, 2016
Total Funds
$76,400,106
Other Funds
$37,552,919
Agency Funds
$15,552,919
Research Funds
$22,000,000
State Funds
$38,847,187
State General Funds
$38,847,187
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$38,494,527
$76,047,446
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$755,160
$755,160
Transfer funds to reflect shared costs of positions to the Cooperative Extension Service program.
($738,500)
($738,500)
Provide funds for a ruminant nutritionist ($168,000) and a row crop physiologist ($168,000).
$336,000
$336,000
Amount appropriated in this Act
$38,847,187
$76,400,106
41.2. 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
41.3. 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
$66,290,828
Other Funds
$31,333,929
Agency Funds
$21,333,929
Research Funds
$10,000,000
State Funds
$34,956,899
State General Funds
$34,956,899
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$32,287,418
$63,621,347
1337
1338
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Transfer funds to reflect shared costs of positions from the Agricultural Experiment Station program. Provide funds for a viticulturist ($168,000), a grain crop agronomist ($168,000) and a vegetable pathologist ($168,000). Increase funds for personnel for 12 extension agents.
Amount appropriated in this Act
$706,981
$738,500 $504,000
$720,000 $34,956,899
$706,981
$738,500 $504,000
$720,000 $66,290,828
41.4. 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
$19,654,535
Other Funds
$10,900,000
Agency Funds
$10,900,000
State Funds
$8,754,535
State General Funds
$8,754,535
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 76) as amended
$8,590,935
$19,490,935
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$163,600
$163,600
Amount appropriated in this Act
$8,754,535
$19,654,535
41.5. 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
$1,429,890
Other Funds
$575,988
Agency Funds
$100,000
Research Funds
$475,988
State Funds
$853,902
State General Funds
$853,902
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 76) as amended
$810,431
$1,386,419
FRIDAY, FEBRUARY 19, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Provide funds for travel and operations for extension agents.
Amount appropriated in this Act
$13,471 $30,000 $853,902
$13,471 $30,000 $1,429,890
41.6. 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
$12,975,989
Other Funds
$10,250,426
Agency Funds
$590,634
Other Funds - Not Specifically Identified
$659,792
Research Funds
$9,000,000
State Funds
$2,725,563
State General Funds
$2,725,563
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,660,386
$12,910,812
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$65,177
$65,177
Amount appropriated in this Act
$2,725,563
$12,975,989
41.7. 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
$5,560,610
Other Funds
$882,473
Agency Funds
$276,473
Records Center Storage Fee
$606,000
State Funds
$4,678,137
State General Funds
$4,678,137
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,646,252
$5,528,725
1339
1340
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Amount appropriated in this Act
$31,885 $4,678,137
$31,885 $5,560,610
41.8. 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
$4,466,022
Other Funds
$4,466,022
Other Funds - Not Specifically Identified
$4,466,022
41.9. Georgia Research Alliance
Purpose: The purpose of this appropriation is to expand research and
commercialization capacity in public and private universities in Georgia to
launch new companies and create jobs.
Total Funds
$5,097,451
State Funds
$5,097,451
State General Funds
$5,097,451
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Transfer funds for the Georgia Research Alliance from the Public Service/Special Funding Initiatives program.
$5,097,451
$5,097,451
Amount appropriated in this Act
$5,097,451
$5,097,451
41.10. 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
$367,562,410
Other Funds
$361,751,431
Research Funds
$361,751,431
State Funds
$5,810,979
State General Funds
$5,810,979
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$5,694,440
$367,445,871
FRIDAY, FEBRUARY 19, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Amount appropriated in this Act
$116,539 $5,810,979
$116,539 $367,562,410
41.11. 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
$1,428,336
Other Funds
$486,281
Agency Funds
$118,633
Research Funds
$367,648
State Funds
$942,055
State General Funds
$942,055
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 76) as amended
$926,998
$1,413,279
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$15,057
$15,057
Amount appropriated in this Act
$942,055
$1,428,336
41.12. 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
$2,763,351
Other Funds
$1,345,529
Agency Funds
$745,529
Research Funds
$600,000
State Funds
$1,417,822
State General Funds
$1,417,822
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,243,709
$2,589,238
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$24,113
$24,113
Provide funds for personal services and operations.
$150,000
$150,000
Amount appropriated in this Act
$1,417,822
$2,763,351
1341
1342
JOURNAL OF THE HOUSE
41.13. Medical College of Georgia Hospital and Clinics
Purpose: The purpose of this appropriation is to provide medical education
and patient care, including ambulatory, trauma, cancer, neonatal intensive,
and emergency and express care.
Total Funds
$29,838,518
State Funds
$29,838,518
State General Funds
$29,838,518
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 76) as amended
$28,840,775
$28,840,775
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$797,743
$797,743
Provide funds for a new re-entry into obstetrics program for OB/GYN physicians licensed in Georgia and practicing in underserved areas.
$200,000
$200,000
Amount appropriated in this Act
$29,838,518
$29,838,518
41.14. 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
$42,497,841
Other Funds
$5,222,400
Agency Funds
$5,222,400
State Funds
$37,275,441
State General Funds
$37,275,441
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 76) as amended
$32,869,520
$38,091,920
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$670,421
$670,421
Increase funds for public library materials to 35 cents per capita.
$3,735,500
$3,735,500
Amount appropriated in this Act
$37,275,441
$42,497,841
41.15. 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
$23,117,944
State Funds
$23,117,944
FRIDAY, FEBRUARY 19, 2016
State General Funds
$23,117,944
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$32,691,972
$32,691,972
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$509,381
$509,381
July 1, 2016.
Transfer funds for the Fort Valley State University Land Grant match to the Teaching program.
($3,725,725)
($3,725,725)
Transfer funds for 72 new residency slots in primary care medicine to the Georgia Board for Physician Workforce: Graduate Medical Education program in the Department of Community Health.
($1,138,075)
($1,138,075)
Eliminate tobacco settlement funds for the Georgia
($247,158)
($247,158)
Research Alliance.
Transfer funds to the Georgia Research Alliance program.
($5,097,451)
($5,097,451)
Increase funds for the Georgia Youth Science and Technology Center.
$125,000
$125,000
Amount appropriated in this Act
$23,117,944
$23,117,944
41.16. 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
$12,066,484
State Funds
$12,066,484
State General Funds
$12,066,484
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$11,894,954
$11,894,954
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$107,723
$107,723
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$14,854
$14,854
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$11,513
$11,513
Increase funds for the Southern Regional Education Board to reflect FY 2017 dues and contract amounts.
$37,440
$37,440
Amount appropriated in this Act
$12,066,484
$12,066,484
1343
1344
JOURNAL OF THE HOUSE
41.17. Skidaway Institute of Oceanography
Purpose: The purpose of this appropriation is to fund research and
educational programs regarding marine and ocean science and aquatic
environments.
Total Funds
$5,098,197
Other Funds
$3,800,620
Agency Funds
$1,050,000
Research Funds
$2,750,620
State Funds
$1,297,577
State General Funds
$1,297,577
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,273,178
$5,073,798
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$24,399
$24,399
Amount appropriated in this Act
$1,297,577
$5,098,197
41.18. Teaching
Purpose: The purpose of this appropriation is to provide funds to the Board of
Regents for annual allocations to University System of Georgia institutions for
student instruction and to establish and operate other initiatives that promote,
support, or extend student learning.
Total Funds
$6,496,304,516
Other Funds
$4,598,893,472
Agency Funds
$2,817,900,747
Research Funds
$1,780,992,725
State Funds
$1,897,411,044
State General Funds
$1,897,411,044
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as $1,795,857,875 amended
$6,394,751,347
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$55,474,234
$55,474,234
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($326,551)
($326,551)
Transfer funds for the Fort Valley State University Land Grant match from the Public Service/Special Funding Initiatives program.
$3,725,725
$3,725,725
FRIDAY, FEBRUARY 19, 2016
Increase funds to reflect the change in enrollment and square footage at University System of Georgia institutions. Reduce funds for Georgia Gwinnett College (GGC) to reflect year three of the seven year plan to eliminate the GGC Special Funding Initiative. Increase funds for the Military Academic and Training Center in Warner Robins.
Amount appropriated in this Act
$43,516,661 ($1,375,000)
$538,100 $1,897,411,044
$43,516,661 ($1,375,000)
$538,100 $6,496,304,516
41.19. Veterinary Medicine Experiment Station
Purpose: The purpose of this appropriation is to coordinate and conduct
research at the University of Georgia on animal disease problems of present
and potential concern to Georgia's livestock and poultry industries and to
provide training and education in disease research, surveillance, and
intervention.
Total Funds
$2,707,032
State Funds
$2,707,032
State General Funds
$2,707,032
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,649,796
$2,649,796
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$57,236
$57,236
Amount appropriated in this Act
$2,707,032
$2,707,032
41.20. Veterinary Medicine Teaching Hospital
Purpose: The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation.
Total Funds
$14,927,418
Other Funds
$14,500,000
Agency Funds
$14,500,000
State Funds
$427,418
State General Funds
$427,418
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 76) as amended
$417,163
$14,917,163
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$10,255
$10,255
Amount appropriated in this Act
$427,418
$14,927,418
1345
1346
JOURNAL OF THE HOUSE
The following appropriations are for agencies attached for administrative purposes.
41.21. Payments to Georgia Military College
Purpose: The purpose of this appropriation is to provide quality basic
education funding for grades six through twelve at Georgia Military College's
Junior Military College and preparatory school.
Total Funds
$5,178,446
State Funds
$5,178,446
State General Funds
$5,178,446
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,547,852
$3,547,852
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$81,470
$81,470
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($109,248)
($109,248)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$181
$181
Increase funds for enrollment growth and training and experience at the Georgia Military College Preparatory School.
$158,191
$158,191
Eliminate one-time funds for the design of the Jenkins Hall renovation.
($500,000)
($500,000)
Provide funds for student services.
$2,000,000
$2,000,000
Amount appropriated in this Act
$5,178,446
$5,178,446
41.22. Payments to Georgia Public Telecommunications Commission
Purpose: The purpose of this appropriation is to create, produce, and
distribute high quality programs and services that educate, inform, and
entertain audiences, and enrich the quality of their lives.
Total Funds
$15,151,990
State Funds
$15,151,990
State General Funds
$15,151,990
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 76) as amended
$14,997,510
$14,997,510
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$177,008
$177,008
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment in merit system assessments. (H:No) 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
$0 ($21,253)
($1,275) $15,151,990
$0 ($21,253)
($1,275) $15,151,990
1347
Section 42: 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
$184,093,367 $819,087 $251,507 $567,580
$183,274,280 $182,840,497
$433,783
42.1. 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
$14,058,075
State Funds
$14,058,075
State General Funds
$14,058,075
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,113,036
$8,113,036
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$285,794
$285,794
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$5,094
$5,094
Reflect an adjustment in TeamWorks billings.
$3,119
$3,119
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$66,219
$66,219
Redistribute funds to properly align budget to expenditures.
$1,641,502
$1,641,502
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$3,301,898
$3,301,898
1348
JOURNAL OF THE HOUSE
Transfer nine positions and operating expenses for facilities and mailroom operations from the Office of Special Investigations program.
Amount appropriated in this Act
$641,413 $14,058,075
$641,413 $14,058,075
42.2. 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
42.3. Fraud Detection and Prevention
Purpose: The purpose of this program is to identify and prevent tax fraud and
protect Georgia citizens from identity theft through the use of fraud analytical
tools.
Total Funds
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,250,000
$1,250,000
Transfer funds for the fraud detection and prevention contract to the Office of Special Investigations program.
($1,250,000)
($1,250,000)
Amount appropriated in this Act
$0
$0
42.4. Industry Regulation
Purpose: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages and tobacco products, and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles.
Total Funds
$7,438,914
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
$7,067,407
State General Funds
$6,633,624
Tobacco Settlement Funds
$433,783
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
FRIDAY, FEBRUARY 19, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Redistribute funds to properly align budget to expenditures.
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
Amount appropriated in this Act
State Funds $6,048,349
$123,247
$0 $4,681
$820,155 $70,975
$7,067,407
Total Funds $6,419,856
$123,247
$0 $4,681
$820,155 $70,975
$7,438,914
42.5. Local Government Services
Purpose: The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit.
Total Funds
$4,842,857
State Funds
$4,842,857
State General Funds
$4,842,857
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,873,457
$4,873,457
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$96,158
$96,158
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,797
$2,797
Redistribute funds to properly align budget to expenditures.
($168,177)
($168,177)
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$38,622
$38,622
Amount appropriated in this Act
$4,842,857
$4,842,857
42.6. Local Tax Officials Retirement and FICA
Purpose: The purpose of this appropriation is to provide state retirement
benefits and employer share of FICA to local tax officials.
Total Funds
$10,992,977
1349
1350
JOURNAL OF THE HOUSE
State Funds
$10,992,977
State General Funds
$10,992,977
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$13,011,424
$13,011,424
Reduce funds to align budget with projected expenditures.
($2,018,447)
($2,018,447)
Amount appropriated in this Act
$10,992,977
$10,992,977
42.7. Motor Vehicle Registration and Titling
Purpose: The purpose of this appropriation is to establish motor vehicle
ownership by maintaining title and registration records and validate rebuilt
vehicles for road-worthiness for new title issuance.
Total Funds
$32,732,938
State Funds
$32,732,938
State General Funds
$32,732,938
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$19,566,913
$19,566,913
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$222,196
$222,196
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$9,563
$9,563
Redistribute funds to properly align budget to expenditures.
$9,552,397
$9,552,397
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$3,381,869
$3,381,869
Amount appropriated in this Act
$32,732,938
$32,732,938
42.8. Office of Special Investigations
Purpose: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts.
Total Funds
$5,999,050
State Funds
$5,999,050
State General Funds
$5,999,050
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
FRIDAY, FEBRUARY 19, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (H:No)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Redistribute funds to properly align budget to expenditures.
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
Transfer nine positions and operating expenses for facilities and mailroom operations to the Administration program.
Transfer funds for the fraud detection and prevention contract from the Fraud Detection and Prevention program.
Amount appropriated in this Act
State Funds $3,955,313
$110,142
$0 $2,561
$1,280,261 $42,186
($641,413)
$1,250,000
$5,999,050
Total Funds $3,955,313
$110,142
$0 $2,561
$1,280,261 $42,186
($641,413)
$1,250,000
$5,999,050
42.9. Revenue Processing
Purpose: The purpose of this appropriation is to ensure that all tax payments
are received, credited, and deposited according to sound business practices
and the law, and to ensure that all tax returns are reviewed and recorded to
accurately update taxpayer information.
Total Funds
$15,278,729
State Funds
$15,278,729
State General Funds
$15,278,729
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$13,613,917
$13,613,917
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$168,711
$168,711
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,424
$6,424
Redistribute funds to properly align budget to expenditures.
($317,180)
($317,180)
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$1,806,857
$1,806,857
Amount appropriated in this Act
$15,278,729
$15,278,729
1351
1352
JOURNAL OF THE HOUSE
42.10. Tax Compliance
Purpose: The purpose of this appropriation is to audit tax accounts, ensure
compliance, and collect on delinquent accounts.
Total Funds
$59,529,067
Federal Funds and Grants
$222,000
Federal Funds Not Specifically Identified
$222,000
State Funds
$59,307,067
State General Funds
$59,307,067
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$54,604,522
$54,826,522
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$952,388
$952,388
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$32,032
$32,032
Increase funds for telecommunications to meet projected need.
$1,518,447
$1,518,447
Redistribute funds to properly align budget to expenditures.
($2,026,593)
($2,026,593)
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$4,226,271
$4,226,271
Amount appropriated in this Act
$59,307,067
$59,529,067
42.11. Tax Policy
Purpose: The purpose of this appropriation is to conduct all administrative
appeals of tax assessments; draft regulations for taxes collected by the
department; support the State Board of Equalization; and draft letter rulings
and provide research and analysis related to all tax law and policy inquiries.
Total Funds
$4,240,073
State Funds
$4,240,073
State General Funds
$4,240,073
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 76) as amended
$3,127,866
$3,127,866
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$116,390
$116,390
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Redistribute funds to properly align budget to expenditures. Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
Amount appropriated in this Act
$1,257 $800,806 $193,754 $4,240,073
$1,257 $800,806 $193,754 $4,240,073
42.12. Taxpayer Services
Purpose: The purpose of this appropriation is to provide assistance to
customer inquiries about the administration of individual income tax, sales and
use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes,
and all registration functions.
Total Funds
$14,908,336
Federal Funds and Grants
$225,580
Federal Funds Not Specifically Identified
$225,580
State Funds
$14,682,756
State General Funds
$14,682,756
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$13,726,342
$13,951,922
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$272,977
$272,977
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$7,444
$7,444
Reflect a change in the program name. (G:Yes) (H:Yes)
$0
$0
Redistribute funds to properly align budget to expenditures.
($224,954)
($224,954)
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$900,947
$900,947
Amount appropriated in this Act
$14,682,756
$14,908,336
42.13. 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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
1353
1354
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Redistribute funds to properly align budget to expenditures. Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
Amount appropriated in this Act
State Funds $25,321,596 ($11,358,217) ($13,963,379)
$0
Total Funds $25,321,596 ($11,358,217) ($13,963,379)
$0
Section 43: 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
$29,189,294 $85,000 $85,000
$4,723,849 $4,723,849 $24,380,445 $24,380,445
43.1. 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
$4,394,681
Other Funds
$3,775,096
Other Funds - Not Specifically Identified
$3,775,096
State Funds
$619,585
State General Funds
$619,585
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 76) as amended
$943,462
$4,718,558
Reduce funds to meet projected expenditures.
($323,877)
($323,877)
Amount appropriated in this Act
$619,585
$4,394,681
43.2. 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
$5,560,303
FRIDAY, FEBRUARY 19, 2016
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
$5,425,303
State General Funds
$5,425,303
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$5,369,670
$5,504,670
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$64,623
$64,623
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($10,335)
($10,335)
Reflect an adjustment in TeamWorks billings.
$1,345
$1,345
Amount appropriated in this Act
$5,425,303
$5,560,303
43.3. 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
$2,853,821
State Funds
$2,853,821
State General Funds
$2,853,821
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,784,729
$2,784,729
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$69,092
$69,092
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Amount appropriated in this Act
$2,853,821
$2,853,821
43.4. 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
$3,310,880
Other Funds
$15,000
1355
1356
JOURNAL OF THE HOUSE
Other Funds - Not Specifically Identified
$15,000
State Funds
$3,295,880
State General Funds
$3,295,880
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,304,322
$3,319,322
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$78,619
$78,619
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($30,019)
($30,019)
Reflect an adjustment in TeamWorks billings.
$3,796
$3,796
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$12,191
$12,191
Reduce funds to meet projected expenditures.
($73,029)
($73,029)
Amount appropriated in this Act
$3,295,880
$3,310,880
43.5. 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
$9,109,293
Other Funds
$813,753
Other Funds - Not Specifically Identified
$813,753
State Funds
$8,295,540
State General Funds
$8,295,540
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 76) as amended
$8,150,375
$8,964,128
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$193,027
$193,027
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($50,465)
($50,465)
Reflect an adjustment in TeamWorks billings.
$2,603
$2,603
Amount appropriated in this Act
$8,295,540
$9,109,293
FRIDAY, FEBRUARY 19, 2016
43.6. 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, examination, investigation, and administrative
enforcement actions.
Total Funds
$627,195
Other Funds
$50,000
Other Funds - Not Specifically Identified
$50,000
State Funds
$577,195
State General Funds
$577,195
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$668,528
$718,528
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,187
$16,187
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reduce funds to meet projected expenditures.
($107,520)
($107,520)
Amount appropriated in this Act
$577,195
$627,195
The following appropriations are for agencies attached for administrative purposes.
43.7. 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
$291,659
Other Funds
$20,000
Other Funds - Not Specifically Identified
$20,000
State Funds
$271,659
State General Funds
$271,659
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 76) as amended
$264,236
$284,236
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$7,408
$7,408
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment in TeamWorks billings.
$15
$15
1357
1358
JOURNAL OF THE HOUSE
Amount appropriated in this Act
$271,659
$291,659
43.8. 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
$3,041,462
State Funds
$3,041,462
State General Funds
$3,041,462
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 76) as amended
$2,991,468
$2,991,468
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$62,562
$62,562
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($14,272)
($14,272)
Reflect an adjustment in TeamWorks billings.
$1,704
$1,704
Amount appropriated in this Act
$3,041,462
$3,041,462
Section 44: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds Lottery Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
$808,669,772 $38,650 $38,650
$1,000,000 $1,000,000 $807,031,122 $715,721,991 $91,309,131
$600,000 $600,000
44.1. 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
$1,060,500
State Funds
$1,060,500
FRIDAY, FEBRUARY 19, 2016
State General Funds
$1,060,500
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 76) as
$1,029,000
$1,029,000
amended
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Increase funds to meet the projected need.
$31,500
$31,500
Amount appropriated in this Act
$1,060,500
$1,060,500
44.2. 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
44.3. 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
$700,000
State Funds
$700,000
State General Funds
$700,000
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 76) as amended
$800,000
$800,000
Reduce funds based on projected expenditures.
($100,000)
($100,000)
Amount appropriated in this Act
$700,000
$700,000
44.4. 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
$8,950,336
Federal Funds and Grants
$38,650
Federal Funds Not Specifically Identified
$38,650
State Funds
$8,311,686
Lottery Funds
$8,311,686
1359
1360
JOURNAL OF THE HOUSE
Intra-State Government Transfers
$600,000
Other Intra-State Government Payments
$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 76) as amended
$8,209,800
$9,079,400
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$99,776
$99,776
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$944
$944
Reflect an adjustment in TeamWorks billings.
$1,166
$1,166
Reduce funds to reflect a decrease in other funds.
$0
($230,950)
Amount appropriated in this Act
$8,311,686
$8,950,336
44.5. HOPE GED
Purpose: The purpose of this program is to encourage Georgia's General
Educational Development (GED) recipients to pursue education beyond the
high school level at an eligible postsecondary institution located in Georgia.
Total Funds
$1,930,296
State Funds
$1,930,296
Lottery Funds
$1,930,296
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,930,296
$1,930,296
Reflect a change in the program purpose statement. (G:Yes) (H:Yes)
$0
$0
Amount appropriated in this Act
$1,930,296
$1,930,296
44.6. 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 76) as amended
$109,059,989
$109,059,989
FRIDAY, FEBRUARY 19, 2016
Utilize existing funds of $751,998 for the Strategic Industries Workforce Development Grant to include Industrial Maintenance certificate and diploma programs. (G:Yes) (H:Yes)
Amount appropriated in this Act
$0 $109,059,989
$0 $109,059,989
44.7. 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
44.8. 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
$522,503,690
State Funds
$522,503,690
Lottery Funds
$522,503,690
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$463,360,413
$463,360,413
Increase funds to meet the projected need for the HOPE Scholarship - Public Schools.
$53,817,940
$53,817,940
Increase funds to meet the projected need for Zell Miller Scholarship students attending public postsecondary institutions.
$5,325,337
$5,325,337
Amount appropriated in this Act
$522,503,690
$522,503,690
44.9. 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 or technical 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
$27,000,000
Other Funds
$1,000,000
Agency Funds
$1,000,000
State Funds
$26,000,000
Lottery Funds
$26,000,000
1361
1362
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 76) as amended
$27,000,000
$27,000,000
Replace state funds with revenue from loan repayments ($1,000,000)
$0
and interest.
Amount appropriated in this Act
$26,000,000
$27,000,000
44.10. Move on When Ready
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
$58,318,219
State Funds
$58,318,219
State General Funds
$58,318,219
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$28,892,039
$28,892,039
Reflect a change in the program name. (G:Yes) (H:Yes)
$0
$0
Increase funds to meet the projected need.
$29,426,180
$29,426,180
Amount appropriated in this Act
$58,318,219
$58,318,219
44.11. North Ga. Military Scholarship Grants
Purpose: The purpose of this appropriation is to provide outstanding students
with a full scholarship to attend North Georgia College and State University,
thereby strengthening Georgia's Army National Guard with their membership.
Total Funds
$3,037,740
State Funds
$3,037,740
State General Funds
$3,037,740
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,825,445
$2,308,168
Increase funds to meet the projected need.
$729,572
$729,572
Replace other funds with state funds.
$482,723
$0
Amount appropriated in this Act
$3,037,740
$3,037,740
44.12. North Georgia ROTC Grants
Purpose: The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program.
FRIDAY, FEBRUARY 19, 2016
Total Funds State Funds
State General Funds
$1,237,500 $1,237,500 $1,237,500
44.13. 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
44.14. 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
$2,750,000
State Funds
$2,750,000
State General Funds
$2,750,000
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 76) as amended
$2,000,000
$2,000,000
Increase funds to add additional school systems and to establish a pilot program for youth in foster care.
$750,000
$750,000
Amount appropriated in this Act
$2,750,000
$2,750,000
44.15. Service Cancelable Loans
Purpose: Provide service cancelable loans as authorized in statute including programs for large animal veterinarians and Georgia National Guard members.
Total Funds
$200,000
State Funds
$200,000
State General Funds
$200,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Provide funding for service cancelable loans to fund five large animal veterinarian slots.
$100,000
$100,000
1363
1364
JOURNAL OF THE HOUSE
Provide funding for service cancelable loans for Georgia National Guard members as authorized in O.C.G.A. 203-374.
Amount appropriated in this Act
$100,000 $200,000
$100,000 $200,000
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
$21,224,952
State Funds
$21,224,952
State General Funds
$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
$976,980
State Funds
$976,980
State General Funds
$976,980
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 76) as amended
$873,071
$873,071
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,033
$23,033
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$726
$726
Increase funds for personal services.
$80,150
$80,150
Amount appropriated in this Act
$976,980
$976,980
Section 45: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers
$36,686,846 $265,000 $265,000
$36,421,846
FRIDAY, FEBRUARY 19, 2016
1365
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 2017.
$36,421,846
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
$265,000
State Funds
$265,000
State General Funds
$265,000
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 76) as amended
$317,000
$317,000
Reduce funds due to the declining population of teachers who qualify for this benefit.
($52,000)
($52,000)
Amount appropriated in this Act
$265,000
$265,000
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
$36,421,846
Intra-State Government Transfers
$36,421,846
Retirement Payments
$36,421,846
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$0
$36,002,746
Increase other funds for computer equipment ($780,000), telecommunications ($4,800), and regular operating expenses ($7,800).
$0
$792,600
Reduce other funds for contractual services ($119,000) and computer charges ($254,500).
$0
($373,500)
Amount appropriated in this Act
$0
$36,421,846
Section 46: Technical College System of Georgia Total Funds Federal Funds and Grants
$792,652,215 $81,691,954
1366
JOURNAL OF THE HOUSE
Child Care and Development Block Grant (CFDA 93.575) 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
$2,221,675 $79,470,279 $356,501,704 $356,304,934
$196,770 $351,206,458 $351,206,458
$3,252,099 $3,252,099
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
$41,879,246
Federal Funds and Grants
$19,324,577
Federal Funds Not Specifically Identified
$19,324,577
Other Funds
$6,485,279
Agency Funds
$6,485,279
State Funds
$16,069,390
State General Funds
$16,069,390
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$14,492,443
$40,302,299
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$367,538
$367,538
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$789
$789
Transfer funds for 20 additional full-time adult education instructors from the Technical Education program and utilize existing funds to shift 30 part-time instructors to full-time to reach 50 additional full-time instructors.
$1,208,620
$1,208,620
Utilize existing funds to provide GED and educational
$0
$0
opportunities for inmates in county correctional
facilities. (G:Yes) (H:Yes)
Amount appropriated in this Act
$16,069,390
$41,879,246
FRIDAY, FEBRUARY 19, 2016
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
$9,239,827
Other Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$9,039,312
State General Funds
$9,039,312
Intra-State Government Transfers
$100,515
Other Intra-State Government Payments
$100,515
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,719,592
$8,920,107
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$219,324
$219,324
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,876)
($3,876)
Reflect an adjustment in TeamWorks billings.
$7,036
$7,036
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$97,236
$97,236
Encourage the Technical College System of Georgia to
$0
$0
create third-party cooperative arrangements with the
Georgia Vocational Rehabilitation Agency to maximize
financial assistance for vocational rehabilitation clients
(H:Yes)
Amount appropriated in this Act
$9,039,312
$9,239,827
46.3. Quick Start and Customized Services
Purpose: The purpose of this appropriation is to promote job creation and
retention by developing and delivering customized workforce training for
Georgia businesses during start-up, expansion, or when they make capital
investments in new technology, processes, or product lines in order to remain
competitive in the global marketplace.
Total Funds
$22,259,124
Federal Funds and Grants
$171,029
Federal Funds Not Specifically Identified
$171,029
Other Funds
$8,745,822
1367
1368
JOURNAL OF THE HOUSE
Agency Funds
$8,745,822
State Funds
$13,291,273
State General Funds
$13,291,273
Intra-State Government Transfers
$51,000
Other Intra-State Government Payments
$51,000
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 76) as amended
$13,060,226
$22,028,077
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$233,802
$233,802
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,048)
($4,048)
Reflect an adjustment in TeamWorks billings.
$1,293
$1,293
Amount appropriated in this Act
$13,291,273
$22,259,124
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
$719,274,018
Federal Funds and Grants
$62,196,348
Child Care and Development Block Grant (CFDA 93.575)
$2,221,675
Federal Funds Not Specifically Identified
$59,974,673
Other Funds
$341,170,603
Agency Funds
$341,073,833
Other Funds - Not Specifically Identified
$96,770
State Funds
$312,806,483
State General Funds
$312,806,483
Intra-State Government Transfers
$3,100,584
Other Intra-State Government Payments
$3,100,584
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$303,662,180
$710,129,715
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$8,030,740
$8,030,740
FRIDAY, FEBRUARY 19, 2016
Reflect an adjustment in merit system assessments. (H:No)
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 1.7% increase in square footage.
Transfer funds for 20 additional full-time adult education instructors to the Adult Education program.
Utilize existing funds to provide vocational education opportunities for inmates in county correctional facilities. (G:Yes) (H:Yes)
Provide one-time funds for equipment at the Military Academic and Training Center.
Encourage the Technical College System of Georgia to create third-party cooperative arrangements with the Georgia Vocational Rehabilitation Agency to maximize financial assistance for vocational rehabilitation clients. (H:Yes)
Amount appropriated in this Act
$0 $80,563
$162,240 $891,484 ($1,208,620)
$0
$1,187,896 $0
$312,806,483
$0 $80,563
$162,240 $891,484 ($1,208,620)
$0
$1,187,896 $0
$719,274,018
1369
Section 47: Transportation, Department of
Total Funds
$3,401,228,048
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
$93,372,703
Agency Funds
$14,041,037
Other Funds - Not Specifically Identified
$79,331,666
State Funds
$1,714,544,035
Motor Fuel Funds
$1,660,064,000
State General Funds
$54,480,035
Intra-State Government Transfers
$165,000
Other Intra-State Government Payments
$165,000
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
1370
JOURNAL OF THE HOUSE
fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. d.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. e.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses.
47.1. 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
$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 76) as amended
$223,238,790
$1,203,791,919
Consolidate the Capital Construction Projects program ($223,238,790) into the Capital Projects program and transfer funds and any associated prior year motor fuel funds.
($1,203,791,919)
Amount appropriated in this Act
$0
$0
47.2. Capital Maintenance Projects
Purpose: The purpose of this appropriation is to provide funding for Capital
Outlay for maintenance projects.
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 76) as amended
$41,483,404
$225,052,363
Consolidate the Capital Maintenance Projects program into the Capital Projects program and transfer funds and any associated prior year motor fuel funds.
($41,483,404)
($225,052,363)
Amount appropriated in this Act
$0
$0
47.3. Capital Projects
Purpose: The purpose of this appropriation is to provide funding for Capital Outlay road construction, maintenance, and enhancement projects on local and state road systems and to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges.
FRIDAY, FEBRUARY 19, 2016
Total Funds
$2,068,561,724
Federal Funds and Grants
$1,200,127,001
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$1,200,127,001
Other Funds
$56,246,237
Other Funds - Not Specifically Identified
$56,246,237
State Funds
$812,188,486
Motor Fuel Funds
$812,188,486
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 76) as
$0
$0
amended
Consolidate the Capital Construction Projects, Capital Maintenance Projects, and Local Roads Assistance Administration programs into the Capital Projects program.
$269,068,655
$1,525,441,893
Increase funds to recognize additional revenue from HB $543,119,831 170 (2015 Session) for capital projects.
$543,119,831
Amount appropriated in this Act
$812,188,486 $2,068,561,724
47.4. Construction Administration
Purpose: The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects.
Total Funds
$169,799,165
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
$4,298,619
State Funds
$96,692,556
Motor Fuel Funds
$96,692,556
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 76) as amended
$82,124,154
$155,230,763
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,974,916
$1,974,916
Increase funds to recognize additional revenue from HB 170 (2015 Session) for construction administration.
$12,593,486
$12,593,486
1371
1372
JOURNAL OF THE HOUSE
Amount appropriated in this Act
$96,692,556
$169,799,165
47.5. Data Collection, Compliance and Reporting
Purpose: The purpose of this appropriation is to collect and disseminate crash,
accident, road, and traffic data in accordance with state and federal law in
order to provide current and accurate information for planning and public
awareness needs.
Total Funds
$12,403,223
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
Other Funds - Not Specifically Identified
$233,000
State Funds
$1,837,709
Motor Fuel Funds
$1,837,709
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 76) as amended
$2,825,346
$13,390,860
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$12,363
$12,363
Transfer funds to the Departmental Administration program to align budget to expenditures.
($1,000,000)
($1,000,000)
Amount appropriated in this Act
$1,837,709
$12,403,223
47.6. Departmental Administration
Purpose: The purpose of this appropriation is to plan, construct, maintain, and
improve the state's roads and bridges and to provide planning and financial
support for other modes of transportation such as mass transit, airports,
railroads, and waterways.
Total Funds
$78,953,415
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
Other Funds - Not Specifically Identified
$238,000
State Funds
$66,976,622
Motor Fuel Funds
$66,974,177
State General Funds
$2,445
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
FRIDAY, FEBRUARY 19, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
Transfer funds from the Planning ($750,000) and Data Collection, Compliance, and Reporting ($1,000,000) programs to align budget to expenditures.
Increase funds to recognize additional revenue from HB 170 (2015 Session) for departmental administration.
Amount appropriated in this Act
State Funds $55,760,528
$1,006,251
$2,445
$1,750,000
$8,457,398 $66,976,622
Total Funds $67,737,321
$1,006,251
$2,445
$1,750,000
$8,457,398 $78,953,415
47.7. 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
$85,562,631
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
$17,919,030
State General Funds
$17,919,030
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$16,321,171
$83,964,772
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$51,887
$51,887
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$7,416
$7,416
Increase funds for Airport Aid grants based on projected revenues resulting from HB 170 (2015 Session).
$1,538,556
$1,538,556
Amount appropriated in this Act
$17,919,030
$85,562,631
47.8. Local Maintenance and Improvement Grants Purpose: The purpose of this appropriation is to provide funding for Capital Outlay grants to local governments for road and bridge resurfacing projects
1373
1374
JOURNAL OF THE HOUSE
through the State Funded Construction - Local Road Assistance Program.
Total Funds
$165,562,234
State Funds
$165,562,234
Motor Fuel Funds
$165,562,234
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$124,470,000
$124,470,000
Increase funds to recognize additional revenue from HB 170 (2015 Session) for Local Maintenance and Improvement grants.
$41,092,234
$41,092,234
Amount appropriated in this Act
$165,562,234
$165,562,234
47.9. Local Road Assistance Administration
Purpose: The purpose of this appropriation is to provide technical and
financial assistance to local governments for construction, maintenance, and
resurfacing of local roads and bridges.
Total Funds
$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 76) as amended
$4,346,461
$96,597,611
Consolidate the Local Road Assistance Administration program into the Capital Projects program and transfer funds and any associated prior year motor fuel funds.
($4,346,461)
($96,597,611)
Amount appropriated in this Act
$0
$0
47.10. Planning
Purpose: The purpose of this appropriation is to develop the state
transportation improvement program and the state-wide strategic
transportation plan, and coordinate transportation policies, planning, and
programs related to design, construction, maintenance, operations, and
financing of transportation.
Total Funds
$16,453,554
Federal Funds and Grants
$14,683,804
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$14,683,804
State Funds
$1,769,750
Motor Fuel Funds
$1,769,750
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,270,378
$16,954,182
FRIDAY, FEBRUARY 19, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Transfer funds to the Departmental Administration program to align budget to expenditures. Increase funds to recognize additional revenue from HB 170 (2015 Session) for planning.
Amount appropriated in this Act
$24,940
($750,000) $224,432 $1,769,750
$24,940
($750,000) $224,432 $16,453,554
47.11. 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
$454,011,607
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
$423,846,251
Motor Fuel Funds
$423,846,251
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$216,339,439
$246,504,795
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$2,763,168
$2,763,168
Increase funds to recognize additional revenue from HB $204,743,644 170 (2015 Session) for routine maintenance.
$204,743,644
Amount appropriated in this Act
$423,846,251
$454,011,607
47.12. 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.
1375
1376
JOURNAL OF THE HOUSE
Total Funds
$97,707,637
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
$12,342,969
Other Funds - Not Specifically Identified
$13,191,515
State Funds
$26,062,611
Motor Fuel Funds
$26,062,611
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 76) as amended
$21,871,601
$93,516,627
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$438,527
$438,527
Increase funds to recognize additional revenue from HB 170 (2015 Session) for traffic management, traffic engineering, and signals.
$3,752,483
$3,752,483
Amount appropriated in this Act
$26,062,611
$97,707,637
The following appropriations are for agencies attached for administrative purposes.
47.13. 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
$252,212,858
Federal Funds and Grants
$150,524,072
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$150,524,072
State Funds
$101,688,786
Motor Fuel Funds
$65,130,226
State General Funds
$36,558,560
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 76) as amended
$99,485,952
$250,010,024
Replace $26,716,187 in motor fuel funds with state general funds. (H:Yes)
$0
$0
Increase funds for debt service.
$2,202,834
$2,202,834
Amount appropriated in this Act
$101,688,786
$252,212,858
FRIDAY, FEBRUARY 19, 2016
1377
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
$39,177,529 $14,734,560 $14,734,560 $3,104,119 $2,954,119
$150,000 $21,338,850 $21,338,850
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
$1,836,378
State Funds
$1,836,378
State General Funds
$1,836,378
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 76) as amended
$1,801,404
$1,801,404
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$20,316
$20,316
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$5,065
$5,065
Reflect an adjustment in TeamWorks billings.
($172)
($172)
Reflect an adjustment in payroll shared services billings.
$2,855
$2,855
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$6,910
$6,910
Utilize existing funds for the Vietnam War Certificate of
$0
$0
Honor initiative ($25,000). (H:Yes)
Amount appropriated in this Act
$1,836,378
$1,836,378
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
$1,598,403
Federal Funds and Grants
$928,004
1378
JOURNAL OF THE HOUSE
Federal Funds Not Specifically Identified
$928,004
State Funds
$670,399
State General Funds
$670,399
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 76) as amended
$661,086
$839,090
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$7,455
$7,455
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,858
$1,858
Transfer federal funds from the Veterans Benefits program to reflect projected expenditures.
$0
$750,000
Amount appropriated in this Act
$670,399
$1,598,403
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
$28,382,720
Federal Funds and Grants
$13,179,116
Federal Funds Not Specifically Identified
$13,179,116
Other Funds
$2,954,119
Agency Funds
$2,954,119
State Funds
$12,249,485
State General Funds
$12,249,485
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 76) as amended
$11,951,352
$27,633,160
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$392,100
$392,100
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Transfer funds for two veterans field service officers to the Veterans Benefits program.
($93,967)
($242,540)
Transfer other funds from the Veterans Benefits program to reflect projected expenditures.
$0
$600,000
Amount appropriated in this Act
$12,249,485
$28,382,720
48.4. Veterans Benefits Purpose: The purpose of this appropriation is to serve Georgia's veterans,
FRIDAY, FEBRUARY 19, 2016
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
$7,360,028
Federal Funds and Grants
$627,440
Federal Funds Not Specifically Identified
$627,440
Other Funds
$150,000
Other Funds - Not Specifically Identified
$150,000
State Funds
$6,582,588
State General Funds
$6,582,588
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 76) as amended
$6,398,475
$8,525,915
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$72,159
$72,159
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$17,987
$17,987
Transfer funds for two veterans field service officers from the Georgia War Veterans Nursing Homes program.
$93,967
$93,967
Transfer federal funds to the Georgia Veterans Memorial Cemetery program to reflect projected expenditures.
$0
($750,000)
Transfer other funds to the Georgia War Veterans Nursing Home program to reflect projected expenditures.
$0
($600,000)
Utilize existing funds for one Women's Veterans Services Coordinator position ($150,000). (H:Yes)
$0
$0
Amount appropriated in this Act
$6,582,588
$7,360,028
1379
Section 49: Workers' Compensation, State Board of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
49.1. Administer the Workers' Compensation Laws Purpose: The purpose of this appropriation is to provide exclusive remedy for
$21,096,606 $373,832 $373,832
$20,722,774 $20,722,774
1380
JOURNAL OF THE HOUSE
resolution of disputes in the Georgia Workers' Compensation law.
Total Funds
$13,011,554
Other Funds
$308,353
Other Funds - Not Specifically Identified
$308,353
State Funds
$12,703,201
State General Funds
$12,703,201
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$12,442,450
$12,750,803
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$257,003
$257,003
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$3,748
$3,748
Amount appropriated in this Act
$12,703,201
$13,011,554
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
$8,085,052
Other Funds
$65,479
Other Funds - Not Specifically Identified
$65,479
State Funds
$8,019,573
State General Funds
$8,019,573
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 76) as amended
$9,875,906
$9,941,385
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$203,991
$203,991
Reflect an adjustment in merit system assessments. (H:No)
$0
$0
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,974
$2,974
Reflect an adjustment in TeamWorks billings.
$1,239
$1,239
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
$11,910
$11,910
FRIDAY, FEBRUARY 19, 2016
Reduce the payment to the Office of the State Treasurer from $4,152,893 to $2,076,446.
Amount appropriated in this Act
($2,076,447) $8,019,573
($2,076,447) $8,085,052
1381
Section 50: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$1,223,975,311 $20,010,634 $20,010,634
$1,203,964,677 $1,203,964,677
50.1. GO Bonds Issued
Total Funds
$1,123,309,877
Federal Funds and Grants
$20,010,634
Federal Funds Not Specifically Identified
$20,010,634
State Funds
$1,103,299,243
State General Funds
$1,103,299,243
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as $1,096,780,192 amended
$1,116,790,826
Transfer funds from the GO Bonds New program to reflect the issuance of new bonds.
$117,927,609
$117,927,609
Reduce funds for debt service to reflect savings associated with refundings and favorable rates received in recent bond sales.
($118,912,247)
($118,912,247)
Replace $136,777,277 in motor fuel funds with state
$0
$0
general funds for debt service on road and bridge
general obligation bonds. (H:Yes)
Increase funds for debt service.
$6,488,687
$6,488,687
Increase state general funds for debt service on road and bridge projects to meet projected need.
$1,709,202
$1,709,202
Redirect $680,000 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 2017 Capital Outlay Program
Regular for local school construction, statewide. (G:Yes)
(H:Yes)
Redirect $330,000 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 Exceptional Growth (HB 78, Bond 379.302)
to be used for the FY 2017 Capital Outlay Program
Regular for local school construction, statewide. (G:Yes)
1382
JOURNAL OF THE HOUSE
(H:Yes)
Redirect $315,000 in 20-year unissued bonds from FY
$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 Low Wealth (HB 78, Bond 379.304) to be
used for the FY 2017 Capital Outlay Program Regular
for local school construction, statewide. (G:Yes) (H:Yes)
Redirect $3,600,000 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 2017 Capital Outlay Program Regular for local
school construction, statewide. (G:Yes) (H:Yes)
Redirect $1,540,000 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 Growth (HB 742, Bond #2) to be used for the
FY 2017 Capital Outlay Program Regular for local
school construction, statewide. (G:Yes) (H:Yes)
Redirect $12,000,000 in 20-year unissued bonds from
$0
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 2017 Capital Outlay Program
Regular for local school construction, statewide. (G:Yes)
(H:Yes)
Redirect $11,590,000 in 20-year unissued bonds from
$0
FY 2015 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 744, Bond #1) to be
used for the FY 2017 Capital Outlay Program Regular
for local school construction, statewide. (G:Yes) (H:Yes)
Repeal the authorization of $3,000,000 in unissued 5year bonds from FY 2015 (HB 744, Bond #110, revised in HB 75) to upgrade information systems for the Secretary of State.
($694,200)
Amount appropriated in this Act
$1,103,299,243
$0 $0 $0 $0 $0 ($694,200) $1,123,309,877
50.2. GO Bonds New
Total Funds
$100,665,434
State Funds
$100,665,434
State General Funds
$100,665,434
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$117,927,609
$117,927,609
FRIDAY, FEBRUARY 19, 2016
Transfer funds to the GO Bonds Issued program to reflect the issuance of new bonds.
($117,927,609) ($117,927,609)
Increase funds for debt service.
$100,665,434
$100,665,434
Amount appropriated in this Act
$100,665,434
$100,665,434
Bond Financing Appropriated:
[Bond # 1] From State General Funds, $14,762,148 is specifically appropriated
for the State Board of Education (Department of Education) for the purpose of
financing educational facilities for county and independent school systems
through the issuance of not more than $172,455,000 in principal amount of
General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
[Bond # 2] From State General Funds, $371,076 is specifically appropriated for
the State Board of Education (Department of Education) for the purpose of
financing educational facilities for county and independent school systems
through the issuance of not more than $4,335,000 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, $2,469,988 is specifically appropriated
for the State Board of Education (Department of Education) for the purpose of
financing educational facilities for county and independent school systems
through the issuance of not more than $28,855,000 in principal amount of
General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
[Bond # 4] From State General Funds, $1,422,244 is specifically appropriated
for the State Board of Education (Department of Education) for the purpose of
financing educational facilities for county and independent school systems
through the issuance of not more than $16,615,000 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, $1,897,048 is specifically appropriated
for the State Board of Education (Department of Education) for the purpose of
financing educational facilities for county and independent school systems
through the issuance of not more than $14,285,000 in principal amount of
General Obligation Debt, the instruments of which shall have maturities not in
excess of one hundred and twenty months.
[Bond # 6] From State General Funds, $164,780 is specifically appropriated for
the purpose of financing projects and facilities for the Department of Education
by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings,
structures, equipment or facilities, both real and personal, necessary or useful
in connection therewith, through the issuance of not more than $1,925,000 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, $57,658 is specifically appropriated for
the purpose of financing projects and facilities for the Department of Education
by means of the acquisition, construction, development, extension,
1383
1384
JOURNAL OF THE HOUSE
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $635,000 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, $208,840 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 $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 9] From State General Funds, $959,153 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 10] From State General Funds, $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 # 12] 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.
[Bond # 13] 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
FRIDAY, FEBRUARY 19, 2016
instruments of which shall have maturities not in excess of sixty 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 instruments of which shall have maturities not in excess of sixty months. [Bond # 15] From State General Funds, $462,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 16] From State General Funds, $535,720 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 $5,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 18] From State General Funds, $1,624,260 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 $18,975,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 19] From State General Funds, $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 # 20] From State General Funds, $254,540 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,
1385
1386
JOURNAL OF THE HOUSE
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 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, $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 # 22] From State General Funds, $416,872 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,870,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 23] From State General Funds, $321,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 24] From State General Funds, $2,508,080 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $29,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 25] From State General Funds, $1,515,120 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
FRIDAY, FEBRUARY 19, 2016
not more than $17,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 26] 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. [Bond # 27] From State General Funds, $445,120 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 $5,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 28] From State General Funds, $141,240 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 29] From State General Funds, $485,940 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 30] From State General Funds, $278,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and
1387
1388
JOURNAL OF THE HOUSE
forty months.
[Bond # 31] From State General Funds, $252,520 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 $2,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 32] From State General Funds, $136,960 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 33] 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 # 34] From State General Funds, $85,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 35] From State General Funds, $150,410 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
FRIDAY, FEBRUARY 19, 2016
[Bond # 36] 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.
[Bond # 37] 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 # 38] From State General Funds, $227,000 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, $111,280 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Board of Trustees of the Georgia Military College by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 40] From State General Funds, $116,857 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Board of Trustees of the Georgia Military College by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 41] From State General Funds, $171,200 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of
1389
1390
JOURNAL OF THE HOUSE
trustees of public libraries or boards of trustees of public library systems, 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 # 42] From State General Funds, $462,800 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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 # 43] From State General Funds, $171,200 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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 # 44] From State General Funds, $115,700 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Georgia Public Telecommunications 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 $500,000 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, $200,161 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Georgia Public Telecommunications 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 $865,000 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, $1,362,000 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 $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 47] From State General Funds, $2,776,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical College
FRIDAY, FEBRUARY 19, 2016
System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 sixty months.
[Bond # 48] From State General Funds, $2,176,317 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,405,000 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, $4,382,916 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 $48,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 50] From State General Funds, $454,000 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 two hundred and forty months.
[Bond # 51] From State General Funds, $1,468,690 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,175,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 52] From State General Funds, $1,139,086 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 $12,545,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
1391
1392
JOURNAL OF THE HOUSE
[Bond # 53] From State General Funds, $433,564 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 $5,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 54] From State General Funds, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 55] From State General Funds, $94,874 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 $410,000 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, $1,115,348 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 $4,820,000 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, $1,110,720 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 $4,800,000 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, $92,560 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
FRIDAY, FEBRUARY 19, 2016
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 # 59] From State General Funds, $42,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 60] From State General Funds, $227,000 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 $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 # 61] From State General Funds, $461,643 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Supervision by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,995,000 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, $134,212 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Supervision by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $580,000 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, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 64] From State General Funds, $537,568 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension,
1393
1394
JOURNAL OF THE HOUSE
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,280,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 65] From State General Funds, $593,541 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 $2,565,000 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, $960,432 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 $11,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 67] From State General Funds, $228,416 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 $1,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 68] From State General Funds, $521,807 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 $2,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 69] From State General Funds, $1,175,716 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 $13,735,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
FRIDAY, FEBRUARY 19, 2016
[Bond # 70] From State General Funds, $333,412 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 $3,895,000 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, $168,922 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 $730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 72] From State General Funds, $17,120 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 $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 # 73] From State General Funds, $1,914,835 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 $8,275,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 74] From State General Funds, $48,594 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 $210,000 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, $234,871 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
1395
1396
JOURNAL OF THE HOUSE
$1,015,000 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, $163,137 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 $705,000 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, $399,165 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 $1,725,000 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, $38,520 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 $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 79] From State General Funds, $69,420 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 80] From State General Funds, $246,441 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 $1,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 81] From State General Funds, $462,800 is specifically appropriated for the Georgia Bureau of Investigation for purpose of financing projects and facilities for the Criminal Justice Coordinating Council by means of the acquisition, construction, development, extension, enlargement, or
FRIDAY, FEBRUARY 19, 2016
improvement of land, waters, 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 # 82] From State General Funds, $470,800 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 $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 83] From State General Funds, $1,426,581 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 $6,165,000 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, $647,920 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 $2,800,000 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, $330,416 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 86] From State General Funds, $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.
1397
1398
JOURNAL OF THE HOUSE
[Bond # 87] From State General Funds, $210,574 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 $910,000 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, $174,707 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 $755,000 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, $1,470,547 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 $6,355,000 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, $300,820 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 $1,300,000 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, $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 # 92] From State General Funds, $312,440 is specifically appropriated for the Department of Public Safety for purpose of financing projects and facilities for the Georgia Public Safety Training Center by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in
FRIDAY, FEBRUARY 19, 2016
connection therewith, through the issuance of not more than $3,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 93] 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 # 94] From State General Funds, $578,500 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 $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, $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 # 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, $289,250 is specifically appropriated for the purpose of financing projects and facilities for the Georgia General Assembly Joint Offices by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 98] From State General Funds, $419,991 is specifically appropriated for the purpose of financing projects and facilities for the Georgia House of Representatives by means of the acquisition, construction, development,
1399
1400
JOURNAL OF THE HOUSE
extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,815,000 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, $138,840 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 $600,000 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, $173,550 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Public Defender Council by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 101] From State General Funds, $416,520 is specifically appropriated for the purpose of financing projects and facilities for the Public Service 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 102] From State General Funds, $5,322,200 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 $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 103] From State General Funds, $462,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
FRIDAY, FEBRUARY 19, 2016
[Bond # 104] From State General Funds, $231,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 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 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. [Bond # 106] From State General Funds, $908,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Affairs by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 107] From State General Funds, $154,080 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 108] From State General Funds, $856,000 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to counties, municipal corporations, political subdivision, local authorities, and other local government entities for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste 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 # 109] From State General Funds, $856,000 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to counties, municipal corporations, political subdivision, local authorities, and other local government entities for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste facilities or systems, through the issuance of not more than $10,000,000
1401
1402
JOURNAL OF THE HOUSE
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, $342,400 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 $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 # 111] From State General Funds, $858,494 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 $3,710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 112] From State General Funds, $1,684,340 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 $18,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 113] From State General Funds, $347,100 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 $1,500,000 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, $29,960 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 $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 # 115] From State General Funds, $417,677 is specifically appropriated for the Department of Transportation for the purpose of financing projects and facilities for the Georgia Regional Transportation Authority by means of the
FRIDAY, FEBRUARY 19, 2016
acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,805,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 116] From State General Funds, $428,000 is specifically appropriated for the Department of Transportation for the purpose of financing projects and facilities for the Georgia Regional Transportation 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 # 117] From State General Funds, $573,520 is specifically appropriated for the purpose of financing projects and facilities for the State Soil and Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 118] 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 # 119] From State General Funds, $170,250 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 $1,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 120] From State General Funds, $272,400 is specifically appropriated for the Georgia World Congress Center Authority 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,
1403
1404
JOURNAL OF THE HOUSE
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 # 121] From State General Funds, $363,200 is specifically appropriated for the Georgia World Congress Center Authority 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 $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.
Section 51: General Obligation Bonds Repealed, Revised, or Reinstated
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) signed by the Governor on April 28, 2014, carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2014 2015 (Ga. L. 2015, Volume One Appendix, commencing at p. 1 of 98, 92, Act No. 1, 2015 Regular Session, H.B. 75) signed by the Governor on February 19, 2015, and which reads as follows:
[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.
is hereby repealed in its entirety.
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,
FRIDAY, FEBRUARY 19, 2016
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 2016 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, 2016.
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 Banking and Finance, Department of Behavioral Health and Developmental Disabilities, Department of Corrections, Department of Juvenile Justice, Department of Law, Department of Public Health, Prosecuting Attorneys, and Georgia Public Defender Council. The amount for this Item is calculated according to an effective date of July 1, 2016.
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, 2016.
4.) In lieu of other numbered items, funds for the Department of Early Care and Learning for pre-kindergarten teachers to be used for employee recruitment and retention initiatives. The amount for this Item is calculated according to an effective date of July 1, 2016.
5.) Before Item 4 above, but not in lieu of it, additional funds for the Department of Early Care and Learning to implement a new compensation model to retain lead teachers, increase assistant teacher salaries, and maintain classroom quality. The amount for this Item is calculated according to an effective date of July 1, 2016.
6.) 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 2016 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, 2016.
7.) 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, 2016.
1405
1406
JOURNAL OF THE HOUSE
8.) 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 2016 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, 2016.
9.) 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 2016 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, 2016.
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
FRIDAY, FEBRUARY 19, 2016
summary level of detail associated with the statement of Program Name and Program Purpose, and the more specific levels of detail shall be for information only. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds and Federal Funds, including in Other Funds without limitation all Intra-State Government Transfers. Regardless of placement on the page, both the broadest or summary level of detail and the more specific detail of appropriations of Intra-State Government Transfers shall be deemed more specific levels of detail of Other Funds, and the broadest or summary amount shall be deemed added to the broadest or summary amount of the appropriation of Other Funds for the program.
Within this Act, Program Names appear as underlined captions, and Program Purpose appears immediately below as italicized text. Text within a box is not an appropriation but rather is for information only. The most specific level of detail for authorizations for general obligation debt in Section 50 shall be the authorizing paragraphs.
Section 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.
1407
1408
JOURNAL OF THE HOUSE
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 751, designating Representative Burns of the 159th as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 751 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 E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway E Bruce Y Bryant Y Buckner Y Burns
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 Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
VACANT
FRIDAY, FEBRUARY 19, 2016
1409
Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Harden
Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows Y Metze
Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper E Shaw Y Sims Y Smith, E
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 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
House of Representatives Coverdell Legislative Office Building
Room 501 Atlanta, GA 30334
HOUSE JOURNAL ENTRY
February 19, 2016
Mr. Bill Reilly Clerk of the House
Re: Improper authorization (Line Item 973, HB 751)
Mr. Clerk:
Line item 973 of H.B. 751, contains language that falsely authorizes the Department of Community Health to pursue a Section 1115 Medicaid Waiver. This waiver could be used to expand Medicaid as permitted by the Affordable Care Act (ACA). The use of this appropriations act to confer such power in the absence of general law is improper. Provisions of general law may not be amended by an appropriations act. Further limitations on what may be done in the appropriations act are based on the state constitution (See Ga. const. Art III, Sect IX, III.)
Therefore, my YEA vote for H.B. 751 does not constitute as an endorsement for this particular line item.
1410
JOURNAL OF THE HOUSE
Respectfully submitted,
/s/ Jason Spencer Rep. Jason Spencer House District 180
Representative England of the 116th asked unanimous consent that HB 751 be immediately transmitted to the Senate.
It was so ordered.
The following Resolutions of the House were read and adopted:
HR 1432. By Representatives Thomas of the 56th, Stovall of the 74th, Beasley-Teague of the 65th, Jones of the 53rd and Metze of the 55th:
A RESOLUTION commemorating Howard University's 149th Charter Day Celebration; and for other purposes.
HR 1433. 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 23, 2016, as Columbus State University Day at the state capitol; and for other purposes.
HR 1434. 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, 2016, as Columbus Day at the state capitol and congratulating the Columbus region on its many outstanding accomplishments; and for other purposes.
HR 1435. By Representatives Dukes of the 154th, Smyre of the 135th, Jones of the 53rd, Stephenson of the 90th and Beasley-Teague of the 65th:
A RESOLUTION honoring Dosh Jackson on his 105th birthday; and for other purposes.
HR 1436. By Representatives Mabra of the 63rd and Fludd of the 64th:
A RESOLUTION recognizing Destiny Christian Center International on the grand occasion of its 10th anniversary; and for other purposes.
FRIDAY, FEBRUARY 19, 2016
1411
HR 1437. By Representative Fludd of the 64th:
A RESOLUTION recognizing and commending Damacia Howard upon being honored with the 2016 Prudential Spirit of Community Award; and for other purposes.
HR 1438. By Representative Beverly of the 143rd:
A RESOLUTION recognizing February 25, 2016, as Southern College of Optometry Day at the state capitol and commending student leaders at Southern College of Optometry; and for other purposes.
HR 1439. By Representatives Williams of the 119th, Stephens of the 164th, Quick of the 117th, Frye of the 118th and Parrish of the 158th:
A RESOLUTION honoring Golden Pantry Food Stores, Inc., on the grand occasion of their 50th anniversary and recognizing Mr. Tom Griffith; and for other purposes.
HR 1440. By Representatives Williams of the 119th, Quick of the 117th and Frye of the 118th:
A RESOLUTION recognizing and commending Mr. Bobby Heath; and for other purposes.
HR 1441. By Representative Kelley of the 16th:
A RESOLUTION honoring the life and memory of Mr. James L. "Jimmy" Lester, III; and for other purposes.
HR 1442. By Representative Rakestraw of the 19th:
A RESOLUTION recognizing and commending Graham Preston Sheriff; and for other purposes.
HR 1443. By Representative Cheokas of the 138th:
A RESOLUTION recognizing March 2, 2016, as Georgia Southwestern State University Day at the capitol; and for other purposes.
1412
JOURNAL OF THE HOUSE
HR 1444. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Jared Brown, Jefferson High School's 2016 STAR Student; and for other purposes.
HR 1445. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Ms. Lane Guzman, Jefferson High School's 2016 STAR Teacher; and for other purposes.
HR 1446. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Lauren Grinstead, Heritage Academy's 2016 STAR Student; and for other purposes.
HR 1447. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Michelle Haralson, Jackson County Comprehensive High School's 2016 STAR Student; and for other purposes.
HR 1448. By Representative Jackson of the 128th:
A RESOLUTION honoring the life and memory of Mr. Earl Dyrone Little, Jr.; and for other purposes.
HR 1449. By Representatives Jackson of the 128th, Williams of the 87th, Frazier of the 126th, Hugley of the 136th and Williams of the 168th:
A RESOLUTION honoring the life and memory of Quenterious JaQuan Kobla Griner; and for other purposes.
HR 1450. By Representatives Jackson of the 128th, Parrish of the 158th, Houston of the 170th and Morris of the 156th:
A RESOLUTION honoring the life and memory of Judge Walter C. McMillan, Jr.; and for other purposes.
HR 1451. By Representatives Chandler of the 105th, Pak of the 108th, Harrell of the 106th, Casas of the 107th, Coleman of the 97th and others:
A RESOLUTION recognizing the Grayson High School Girls Soccer Team for winning the 6A State Championship; and for other purposes.
FRIDAY, FEBRUARY 19, 2016
1413
HR 1452. By Representatives Smyre of the 135th, Hugley of the 136th, Smith of the 134th, Buckner of the 137th and Pezold of the 133rd:
A RESOLUTION honoring the life and memory of Sergeant First Class Lamar Geddis, Sr.; and for other purposes.
HR 1453. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Nicole Chai; and for other purposes.
HR 1454. By Representatives Lumsden of the 12th, Broadrick of the 4th, Tanner of the 9th, Dempsey of the 13th, Deffenbaugh of the 1st and others:
A RESOLUTION honoring Ms. Christie Entrekin; and for other purposes.
HR 1455. By Representatives Cooper of the 43rd, Sharper of the 177th, Dudgeon of the 25th, Jones of the 47th and Martin of the 49th:
A RESOLUTION recognizing February 25, 2016, as Health Information Technology Day at the state capitol; and for other purposes.
HR 1456. By Representative Raffensperger of the 50th:
A RESOLUTION commending and congratulating William Stone Chalmers; and for other purposes.
The following communication was 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 one page list the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 16th day of February, 2016 in District 58 for State House in Fulton County to fill the unexpired term of the Honorable Simone Bell. Having received the majority of the votes cast, Park Cannon was duly elected to House District 58.
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 19th day of February, in the
1414
JOURNAL OF THE HOUSE
year of our Lord Two Thousand and Sixteen and of the Independence of the United States of America the Two Hundred and Fortieth.
(SEAL)
/s/ Brian P. Kemp Secretary of State
Georgia Secretary of State Election Report
Special Election Runoff Official Results
February 16, 2016 Special Election Runoff
State Contest STATE HOUSE 58
County FULTON
Total:
Choice PARK CANNON (D) RALPH LONG III (D) Votes For Seat In County:
PARK CANNON (D) RALPH LONG III (D) Total Votes For Seat:
Votes 668 464
1,132 668 464
1,132
Votes % 59.01% 40.99%
59.01% 40.99%
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 22, 2016, 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 22, 2016.
MONDAY, FEBRUARY 22, 2016
1415
Representative Hall, Atlanta, Georgia
Monday, February 22, 2016
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 following communication was received:
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 58 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/ Park Cannon STATE REPRESENTATIVE
1416
JOURNAL OF THE HOUSE
Sworn to and subscribed before me,
This 22nd day of February, 2016.
/s/ Kimberly M. Esmond Adams Judge, Superior Court of Georgia, Atlanta Judicial Circuit
The roll was called and the following Representatives answered to their names:
Abrams Alexander Atwood Ballinger Barr Battles E Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell Carson Carter, A Carter, D Chandler Cheokas Clark, D Clark, H Clark, V Coleman Coomer
Cooper Corbett Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick E Gordon Gravley Greene 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 Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Metze Mitchell Morris Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice 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 Strickland Tankersley Tanner Tarvin Taylor, D E Taylor, T Teasley Thomas, E Trammell Turner Waites Watson Welch E Weldon Werkheiser 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 Allison of the 8th, Brockway of the 102nd, Casas of the 107th, Cooke of the 18th, Dunahoo of the 30th, Floyd of the 99th, Jordan of the 77th, Mosby of the 83rd, Stephenson of the 90th, Stover of the 71st, and Williams of the 168th.
MONDAY, FEBRUARY 22, 2016
1417
They wished to be recorded as present.
Prayer was offered by Reverend Mike Howard, Senior Pastor, Glennville First Baptist Church, Glennville, 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 1053. By Representative Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide that members of the board of education shall be elected on a nonpartisan basis; to provide for continuation in office of current 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.
1418
JOURNAL OF THE HOUSE
HB 1054. By Representatives Drenner of the 85th and Henson of the 86th:
A BILL to be entitled an Act to amend Article 1A of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by local Act of the General Assembly, so as to provide for additional requirements and procedures for legislative annexations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1055. By Representatives Willard of the 51st, Smith of the 134th, Hugley of the 136th, Hatchett of the 150th and Spencer of the 180th:
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 legislative findings and intent; to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that certain requirements relating to charity and indigent care previously imposed as a condition for a certificate of need are imposed as a condition of licensure; 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 1056. By Representative Jasperse of the 11th:
A BILL to be entitled an Act to amend an Act creating the Pickens County Airport Authority, approved April 19, 2006 (Ga. L. 2006, p. 3645), so as to reduce the number of members; to revise the appointment and qualifications of members; to revise the election of chairperson; to revise terms by which a vacancy on the authority shall exist; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1057. By Representatives Fludd of the 64th and Prince of the 127th:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects, causes, agencies, or nonprofit corporations, so as
MONDAY, FEBRUARY 22, 2016
1419
to establish a specialty license plate for Hampton University; to provide for related matters; to require a two-thirds' majority vote for passage in accordance with constitutional requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1058. By Representatives Price of the 48th, Hawkins of the 27th, Cooper of the 43rd, Dempsey of the 13th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Chapters 17 and 22 of Title 31 and Code Section 24-12-21 of the O.C.G.A., relating to control of venereal disease, clinical laboratories, and the disclosure of AIDS confidential information, respectively, so as to revise various statutes relating to HIV and AIDS; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1059. By Representatives Hitchens of the 161st, Powell of the 32nd, Tanner of the 9th, Lumsden of the 12th, Caldwell of the 131st and others:
A BILL to be entitled an Act to amend Titles 36 and 46 of the O.C.G.A., relating to local government and public utilities and public transportation, respectively, so as to provide for the creation, authority, powers, and membership of the Local Government 9-1-1 Authority; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 1060. By Representatives Jasperse of the 11th, Meadows of the 5th, Powell of the 32nd, Ballinger of the 23rd, Hightower of the 68th and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to carrying and possession of firearms; to amend Article 3 of Chapter 5 of Title 17 of the O.C.G.A., relating to disposition of property seized; to amend Code Section 35-3-34 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System; to amend Chapter 1 of Title 51 of the O.C.G.A., relating to general provisions
1420
JOURNAL OF THE HOUSE
regarding torts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 1061. By Representatives Dickson of the 6th, Coleman of the 97th, Dudgeon of the 25th, Nix of the 69th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations, so as to provide for the composition of factors in annual evaluations for teachers of record, assistant principals, and principals; to provide for recommended practices for classroom and school observations for purposes of annual evaluations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 1062. By Representatives Welch of the 110th and Clark of the 98th:
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 a free special and distinctive vehicle license plate for military veterans who have received a Soldier's Medal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1063. By Representative Martin of the 49th:
A BILL to be entitled an Act to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, effect of zoning laws, covenants and scenic easements for public use, and renewal of certain covenants, so as to provide for renewal of covenants which restrict land to certain uses affecting planned subdivisions containing no fewer than 15 individual plots; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1064. By Representatives Hitchens of the 161st, Welch of the 110th, Lumsden of the 12th, Tanner of the 9th and Taylor of the 79th:
MONDAY, FEBRUARY 22, 2016
1421
A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to revise provisions for the off-duty use of motor vehicles by certain law enforcement officers of the department relative to approved off-duty employment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 1065. By Representatives Holcomb of the 81st, Caldwell of the 20th, Bennett of the 80th, Turner of the 21st, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide for rules of the House of Representatives and the Senate governing the submission of written or prerecorded audiovisual statements by members of the general public to standing committees regarding legislation in possession of such standing committees; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HR 1427. By Representatives Rakestraw of the 19th, Maxwell of the 17th, Cooper of the 43rd, Rogers of the 29th, Taylor of the 79th and others:
A RESOLUTION creating the House Study Committee on Electronic Cigarettes, E-liquids, and Other Vapor Products; and for other purposes.
Referred to the Committee on Special Rules.
HR 1428. By Representatives Thomas of the 39th, Beskin of the 54th, Wilkerson of the 38th, Clark of the 98th, Thomas of the 56th and others:
A RESOLUTION creating the House Study Committee on Reducing the Caseloads of Foster Kids' Caseworkers; and for other purposes.
Referred to the Committee on Special Rules.
HR 1429. By Representatives Powell of the 32nd and Rogers of the 10th:
A RESOLUTION honoring the life of Mr. William Douglas "Billy" Dilworth and dedicating a road in his memory; and for other purposes.
1422
JOURNAL OF THE HOUSE
Referred to the Committee on Transportation.
HR 1430. By Representative Buckner of the 137th:
A RESOLUTION honoring the life of Trooper Bobby Mathis and dedicating an intersection in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1431. By Representatives Welch of the 110th, Douglas of the 78th, Scott of the 76th and Strickland of the 111th:
A RESOLUTION honoring the life of Mr. Martin Luther King, Sr., and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:
HB 1072. By Representatives Coomer of the 14th, Abrams of the 89th, Rogers of the 29th, Blackmon of the 146th, Harden of the 148th and others:
A BILL to be entitled an Act to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan fund and authorized types of service cancelable educational loans financed by state funds and issued by the Georgia Student Finance Authority, so as to remove ineligibility for such loans for members of the Georgia National Guard also receiving HOPE scholarship or HOPE grant funds; 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 and Senate were read the second time:
HB 1044 HB 1046 HB 1048 HB 1050 HB 1052 SB 277 SB 314
HB 1045 HB 1047 HB 1049 HB 1051 HR 1400 SB 309 SB 329
MONDAY, FEBRUARY 22, 2016
1423
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 838 Do Pass, by Substitute HB 943 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 MONDAY, FEBRUARY 22, 2016
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
Modified Open Rule
HB 784 HB 831 HB 910 HB 965
Insurance; advertising and promotional items not exceeding $100 will not be considered an unfair trade practice; provide (Substitute) (Ins-Carson-46th) "Protecting Guardmen's Employment Act"; enact (Substitute) (D&VA-Smyre-135th) Health records; provisions relating to costs of copying and mailing patient records apply to psychiatric, psychological, and other mental health records; provide (H&HS-Frye-118th) "The Honorable Jimmy Carter Cancer Treatment Access Act"; enact (Ins-Cheokas-138th)
1424
JOURNAL OF THE HOUSE
Modified Structured Rule
HB 808
Courts; Judicial Qualifications Commission; create (Substitute) (Judy-Willard-51st)
Pursuant to House Rule 33.3, debate shall be limited to one hour on HB 859. Time to be allocated at the discretion of the Speaker
HB 859
HB 903 HB 904 HR 1113
Firearms; weapons carry license holders; carrying and possession of certain weapons in certain buildings or real property owned or leased to public institutions of postsecondary education; authorize (Substitute) (PS&HS-Jasperse-11th) Labor and industrial relations; employment security; prevent fraud and abuse of the Unemployment Trust Fund (I&L-Strickland-111th) Labor and industrial relations; employment security; change certain contribution rates and credits (I&L-Strickland-111th) Judicial Qualifications Commission; create - CA (Substitute) (Judy-Willard-51st)
Structured Rule
HB 763
Sales and use tax; exemption regarding certain food and food ingredients; remove sunset (Substitute)(W&M-Houston-170th)
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 bill of the Senate:
SB 370. By Senators Martin of the 9th, McKoon of the 29th, Millar of the 40th, Crane of the 28th and Shafer of the 48th:
MONDAY, FEBRUARY 22, 2016
1425
A BILL to be entitled an Act to amend Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to the superior court clerk's term of office and training requirements, so as to change provisions relating to the sponsor of training requirements; 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 839. By Representatives Hatchett of the 150th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4402), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 867. By Representatives Taylor of the 173rd, Carter of the 175th, Watson of the 172nd and Burke of the 11th:
A BILL to be entitled an Act to authorize the governing authority of the City of Thomasville 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 880. By Representatives Spencer of the 180th and Corbett of the 174th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, so as to provide for the manner of election of the mayor and council; 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 757. By Representatives Tanner of the 9th, Nix of the 69th, Battles of the 15th, Powell of the 171st, Hatchett of the 150th and others:
A BILL to be entitled an Act to protect religious freedoms; to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that religious officials shall not be required to
1426
JOURNAL OF THE HOUSE
perform marriage ceremonies in violation of their legal right to free exercise of religion; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to days of rest for employees of business and industry; to protect property owners which are religious institutions against infringement of religious freedom; to define a term; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 370. By Senators Martin of the 9th, McKoon of the 29th, Millar of the 40th, Crane of the 28th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to the superior court clerk's term of office and training requirements, so as to change provisions relating to the sponsor of training requirements; 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 Cheokas of the 138th, Stovall of the 74th, Stephens of the 164th, Chandler of the 105th, and Sharper of the 177th et al.
Pursuant to HR 1390, the House recognized February 22, 2016, as Clark Atlanta University Day at the state capitol.
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 763. By Representatives Houston of the 170th, Harrell of the 106th, Knight of the 130th, Carter of the 175th, Nimmer of the 178th 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 remove the sunset for the exemption regarding certain food and food ingredients; to provide for related matters; to repeal conflicting laws; and for other purposes.
MONDAY, FEBRUARY 22, 2016
1427
The following Committee substitute was read and adopted:
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 extend the sunset period for the exemption of the sale of food and food ingredients to qualified food banks and for the use of food and food ingredients donated to qualified nonprofit agencies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the state sales and use tax, is amended by revising paragraphs (57.1) and (57.2) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows:
"(57.1)(A) From July 1, 2014, until June 30, 2016 2021, sales of food and food ingredients to a qualified food bank. (B) As used in this paragraph, the term 'qualified food bank' means any food bank which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which is operated primarily for the purpose of providing hunger relief to low income persons residing in this state. (C) 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 clients served in the previous calendar year, total pounds of food donated by retailers, and total amount of exempt purchases made in the preceding 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 clients served, total pounds of food donated by retailers, and total amount of sales and use tax exempted sales for the previous calendar year, by June 30 each year. (C)(D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.2)(A) For the period commencing July 1, 2015, and ending on June 30, 2020 2021, the use of food and food ingredients which is donated to a qualified nonprofit agency and which is used for hunger relief purposes. (B) As used in this paragraph, the term 'qualified nonprofit agency' means any entity which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which provides hunger relief.
1428
JOURNAL OF THE HOUSE
(C) For the purposes of this paragraph, the term 'food and food ingredients' as defined in Code Section 48-8-2 shall not include drugs or over-the-counter drugs. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph;"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan
Glanton Y Golick E Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E 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
MONDAY, FEBRUARY 22, 2016
1429
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 808. By Representatives Willard of the 51st, Jones of the 47th, Burns of the 159th, Oliver of the 82nd, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to create a new Judicial Qualifications Commission; to provide for the powers, composition, and appointment of such commission; to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to certain proceedings exempted from open meetings requirements, so as to remove any exemptions for meetings of the Judicial Qualifications Commission; to provide effective dates; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to create a new Judicial Qualifications Commission; to provide for the powers, composition, and appointment of such commission; to provide for a commission member's term; to amend Code Section 50-143 of the Official Code of Georgia Annotated, relating to certain proceedings exempted from open meetings requirements, so as to remove any exemptions for meetings of the Judicial Qualifications Commission; to provide effective dates; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, is amended by adding a new Code section to read as follows:
"15-1-12.1. (a) Pursuant to Paragraph VI of Section VII of Article VI of the Constitution, there is hereby created the Judicial Qualifications Commission, which shall have the power to discipline, remove, and cause involuntary retirement of judges in accordance with said Paragraph.
1430
JOURNAL OF THE HOUSE
(b) The commission shall consist of seven members, each of whom shall serve for a term of four years, as follows:
(1) Two judges of any court of record, selected by the Supreme Court; (2) One member of the State Bar of Georgia who shall have been an active status member of the state bar for at least ten years and who shall be appointed by the Governor; (3) One member of the State Bar of Georgia who shall have been an active status member of the state bar for at least ten years and who shall be appointed by the Speaker of the House of Representatives; (4) One member of the State Bar of Georgia who shall have been an active status member of the state bar for at least ten years and who shall be appointed by the President of the Senate; and (5) Two citizens, neither of whom shall be a member of the State Bar of Georgia, who shall be appointed by the Governor. (c) The commission may adopt procedures for its own governance which are not otherwise provided by the Constitution."
SECTION 2. Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to certain proceedings exempted from open meetings requirements, is amended by adding a new subsection to read as follows:
"(c) The exemptions provided by subsections (a) and (b) of this Code section shall not apply to meetings of the Judicial Qualifications Commission."
SECTION 3. (a) Section 1 of this Act shall become effective on January 1, 2017, only if an amendment to the Constitution abolishing the existing Judicial Qualifications Commission and requiring the General Assembly to create and provide by general law for the composition and manner of appointment of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges, is ratified by the voters at the November, 2016, statewide general election. If such an amendment is not so ratified, then Section 1 of this Act shall not become effective and shall stand repealed on January 1, 2017. (b) All other provisions of this Act shall become effective upon approval of this Act 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.
Pursuant to Rule 133, Representative Atwood of the 179th was excused from voting on HB 808.
MONDAY, FEBRUARY 22, 2016
1431
The report of the Committee, which was favorable to the passage of the Bill, 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
Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K N Bennett, T Y Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas
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 Y Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming Y Floyd N Fludd N Frazier Y Frye Y Gardner Y Gasaway Y Gilligan
Glanton Y Golick E Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
N Metze Y Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice
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
Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch E 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 passage of the Bill, by substitute, the ayes were 123, nays 45.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 1113. By Representatives Willard of the 51st, Jones of the 47th, Burns of the 159th, Oliver of the 82nd, Meadows of the 5th and others:
1432
JOURNAL OF THE HOUSE
A RESOLUTION proposing an amendment to the Constitution so as to abolish the existing Judicial Qualifications Commission; to require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to abolish the existing Judicial Qualifications Commission; to require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; to require the Judicial Qualifications Commission to have procedures that provide for due process of law; to provide for Supreme Court review of Judicial Qualifications Commission advisory opinions and procedures; 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. Section VII of Article VI of the Constitution is amended by revising Paragraph VI as follows:
"Paragraph VI. Judicial Qualifications Commission; power; composition. (a) The General Assembly shall by general law create and provide for the composition, manner of appointment, and governance of a Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges as provided by this Article shall be vested in the Judicial Qualifications Commission. It shall consist of seven members, as follows:
(1) Two judges of any court of record, selected by the Supreme Court; (2) Three members of the State Bar of Georgia who shall have been active status members of the state bar for at least ten years and who shall be elected by the board of governors of the state bar; and (3) Two citizens, neither of whom shall be a member of the state bar, who shall be appointed by the Governor. (b) The procedures of the Judicial Qualifications Commission shall comport with due process. Such procedures and advisory opinions issued by the Judicial Qualifications Commission shall be subject to review by the Supreme Court.
MONDAY, FEBRUARY 22, 2016
1433
(c) The Judicial Qualifications Commission which existed on December 31, 2016, is hereby abolished."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES ( ) NO
Shall the Constitution of Georgia be amended so as to abolish the existing Judicial Qualifications Commission; require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; and require the Judicial Qualifications Commission to have procedures that provide for due process of law and review by the Supreme Court of its advisory opinions?"
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.
Pursuant to Rule 133, Representative Atwood of the 179th was excused from voting on HR 1113.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison
Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin N Beverly Y Blackmon
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 Y Drenner Y Dudgeon N Dukes Y Dunahoo
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B.
Y Metze Y Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D
1434
JOURNAL OF THE HOUSE
Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier Y Frye Y Gardner Y Gasaway Y Gilligan
Glanton Y Golick E Gordon Y Gravley Y Greene
N Jones, L N Jones, S N Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice
Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch E 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, by substitute, the ayes were 125, nays 43.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HB 965. By Representatives Cheokas of the 138th, Burns of the 159th, Smyre of the 135th, Dawkins-Haigler of the 91st, Greene of the 151st 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 general insurance provisions, so as to provide that no health benefit plan shall require an insured to fail to successfully respond to a drug or drugs for stage four advanced, metastatic cancer prior to the approval of a drug prescribed by his or her physician; to provide for definitions; to provide for a short title; to provide for legislative findings and intent; 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 Atwood Y Ballinger Y Barr
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson E Hightower
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Y Smith, E Smith, L
Y Smith, M Y Smith, R Y Smyre
Spencer
MONDAY, FEBRUARY 22, 2016
1435
Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan E Glanton Y Golick E Gordon Y Gravley Y Greene
Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 910. By Representatives Frye of the 118th, Fleming of the 121st, Kelley of the 16th, Mabra of the 63rd, Weldon of the 3rd and others:
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 provide that provisions relating to the costs of copying and mailing patient records apply to psychiatric, psychological, and other mental health 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:
1436
JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan E Glanton Y Golick E Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson E Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E N 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
Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
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 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 903. By Representatives Strickland of the 111th, Shaw of the 176th, Fleming of the 121st, Bryant of the 162nd and Kirby of the 114th:
A BILL to be entitled an Act to amend Article 4 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to disclosure of records relative to employment security, so as to prevent fraud and abuse of the Unemployment Trust Fund by authorizing the Commissioner of Labor to submit to and receive from the state revenue commissioner certain information related to persons paying into or receiving funds from such fund; to provide penalties for the unlawful divulging of certain confidential
MONDAY, FEBRUARY 22, 2016
1437
information; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan E Glanton Y Golick E Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 904. By Representatives Strickland of the 111th, Shaw of the 176th, Fleming of the 121st, Bryant of the 162nd and Kirby of the 114th:
1438
JOURNAL OF THE HOUSE
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 contribution rates and credits; to change certain provisions relating to rate of employer contributions; to extend certain provisions relating to variations in the standard rate; to extend provisions relating to administrative assessments; to reduce the percentage of the administrative assessment to be assessed for a certain period; to provide exceptions; to change certain provisions relating to additional assessments for a new or newly covered employer; to extend the provision relating to automatic repeal; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan E Glanton Y Golick E Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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
MONDAY, FEBRUARY 22, 2016
1439
On the passage of the Bill, the ayes were 172, nays 0. The Bill, having received the requisite constitutional majority, was passed. The Speaker announced the House in recess until 1:15 o'clock, this afternoon.
1440
JOURNAL OF THE HOUSE
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 1463. By Representatives Thomas of the 39th, Bentley of the 139th, Evans of the 42nd, Wilkerson of the 38th, Deffenbaugh of the 1st and others:
A RESOLUTION recognizing Blah to Fierce Girls! and commending its founder, Ms. Shekina Moore; and for other purposes.
HR 1464. By Representatives Douglas of the 78th, Scott of the 76th, Jordan of the 77th, McClain of the 100th and Alexander of the 66th:
A RESOLUTION recognizing February 21, 2016, as Hair Loss Epidemic Summit Day in Georgia; and for other purposes.
HR 1465. By Representatives Dollar of the 45th, Cooper of the 43rd, Hatchett of the 150th and Ramsey of the 72nd:
A RESOLUTION recognizing February 21-27, 2016, as Eating Disorders Awareness Week at the capitol, in conjunction with the observance of National Eating Disorders Awareness Week; and for other purposes.
HR 1466. By Representatives Waites of the 60th, Fludd of the 64th, Jones of the 53rd, Thomas of the 56th and Metze of the 55th:
A RESOLUTION recognizing and commending Steven Lee; and for other purposes.
HR 1467. 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 honoring the life and memory of Mrs. Dorothy Jean Rigby Aniton; and for other purposes.
HR 1468. By Representatives Martin of the 49th, Willard of the 51st, Jones of the 47th, Benton of the 31st, Petrea of the 166th and others:
A RESOLUTION commending Ms. Dorothy C. Benson as the Distinguished Older Georgian for 2016; and for other purposes
MONDAY, FEBRUARY 22, 2016
1441
HR 1469. 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 Ms. A. Davita Bynam on the occasion of her retirement as Executive Director of the Columbus Community Center; and for other purposes.
HR 1470. By Representatives Carter of the 92nd, Dukes of the 154th, Thomas of the 56th, Abrams of the 89th, Hugley of the 136th and others:
A RESOLUTION recognizing and commending Mr. Henry "Hank" Thomas; and for other purposes.
HR 1471. By Representatives Coleman of the 97th, Casas of the 107th, Kaiser of the 59th, Clark of the 101st, Dickson of the 6th and others:
A RESOLUTION recognizing October 3-7, 2016, as Georgia Pre-K Week at the capitol; and for other purposes.
HR 1472. By Representatives Carter of the 92nd, Kaiser of the 59th, Abrams of the 89th, Hugley of the 136th, McClain of the 100th and others:
A RESOLUTION recognizing February 21-27, 2016, as National Entrepreneur Week at the state capitol; and for other purposes.
HR 1473. By Representatives Scott of the 76th, Waites of the 60th, Douglas of the 78th, Glanton of the 75th, Jordan of the 77th and others:
A RESOLUTION recognizing and commending Dr. Mohan Sadhasivan, Stockbridge High School's 2016 Teacher of the Year; and for other purposes.
HR 1474. By Representative Pirkle of the 155th:
A RESOLUTION recognizing and commending Turner County Sheriff Andy Hester; and for other purposes.
HR 1475. By Representatives Thomas of the 39th, Bentley of the 139th, Abrams of the 89th, Thomas of the 56th, Hugley of the 136th and others:
A RESOLUTION recognizing the month of July, 2016, as Fibroid Awareness Month at the state capitol; and for other purposes.
1442
JOURNAL OF THE HOUSE
HR 1476. By Representatives Powell of the 32nd, Rice of the 95th, Burns of the 159th, Epps of the 144th, Battles of the 15th and others:
A RESOLUTION recognizing and commending Robert "Rob" G. Mikell, Esq.; and for other purposes.
HR 1477. By Representatives Scott of the 76th, Waites of the 60th, Douglas of the 78th, Glanton of the 75th, Jordan of the 77th and others:
A RESOLUTION recognizing and commending Ms. Stefanie Anderson, Clayton County Public Schools' 2015-2016 Teacher of the Year; and for other purposes.
HR 1478. By Representatives Scott of the 76th, Waites of the 60th, Douglas of the 78th, Glanton of the 75th, Jordan of the 77th and others:
A RESOLUTION recognizing and commending Shamika Randolph, Morrow Middle School's 2015-2016 Teacher of the Year; and for other purposes.
HR 1479. By Representatives Scott of the 76th, Waites of the 60th, Douglas of the 78th, Glanton of the 75th, Jordan of the 77th and others:
A RESOLUTION commending Mrs. Clae Andrew White, Jewell C. Anderson Elementary School's Teacher of the Year; and for other purposes.
HR 1480. By Representatives Scott of the 76th, Waites of the 60th, Douglas of the 78th, Glanton of the 75th, Jordan of the 77th and others:
A RESOLUTION recognizing and commending Mr. Jos M. Osorio, Roberta T. Smith Elementary School's 2015-2016 Teacher of the Year; and for other purposes.
HR 1481. By Representatives Jordan of the 77th, Scott of the 76th, Glanton of the 75th, Waites of the 60th, Douglas of the 78th and others:
A RESOLUTION recognizing Ms. Eloise Scott Archibald; and for other purposes.
HR 1482. By Representatives Jordan of the 77th, Scott of the 76th, Waites of the 60th, Douglas of the 78th, Epps of the 144th and others:
A RESOLUTION congratulating Mrs. Leola Wiggins Jordan on the grand occasion of her 90th birthday; and for other purposes.
MONDAY, FEBRUARY 22, 2016
1443
HR 1483. By Representatives Jordan of the 77th, Stephens of the 165th, Gordon of the 163rd and Marin of the 96th:
A RESOLUTION commending Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters and recognizing February 18, 2016, as Alpha Phi Alpha Day at the state capitol; and for other purposes.
HR 1484. By Representatives Scott of the 76th, Waites of the 60th, Douglas of the 78th, Glanton of the 75th, Jordan of the 77th and others:
A RESOLUTION recognizing and commending Mrs. Jamie Moser, Austin Road Elementary School's 2015-2016 Teacher of the Year; and for other purposes.
HR 1485. By Representatives Scott of the 76th, Waites of the 60th, Douglas of the 78th, Glanton of the 75th, Jordan of the 77th and others:
A RESOLUTION recognizing and commending Mrs. Ashantee Ervin, East Clayton Elementary School's 2015-2016 Teacher of the Year; 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 831. By Representatives Smyre of the 135th, Scott of the 76th, Hitchens of the 161st, Smith of the 134th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions for certain military personnel, so as to require that private employers reemploy certain members of any reserve component of the armed forces of the United States who have been discharged or suspended from employment by his or her employer due to being called into active state service; 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 Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions for certain military personnel,
1444
JOURNAL OF THE HOUSE
so as to require that private employers reemploy certain members of the National Guard of another state who have been discharged or suspended from employment by his or her employer due to being called into active state service; to provide 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 cited as the "Protecting Guardsmen's Employment Act."
SECTION 2. Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions for certain military personnel, is amended by revising subsection (d) of Code Section 38-2-280, relating to reemployment in private industry, various types of absences, injunction to compel, and Attorney General's aid, as follows:
"(d) The benefits, rights, and privileges granted to persons in the military service by this Code section shall be extended to and be applicable to any person who is a member of the Georgia National Guard and who is called into active state service pursuant to by the commander-in-chief of such force for a purpose identified in subsection (a) or (b) of Code Section 38-2-6 or Code Section 38-2-6.1 or who has been called to statesponsored active duty as part of the National Guard of another state by that state's Governor, and who because of such active state service is discharged by his or her employer or whose employment is suspended by his or her employer because of such active state service and who, being qualified to perform the duties of the position, makes application for reemployment or termination of the period of his or her suspension within ten days after such discharge or suspension. In the event that the member of the Georgia National Guard or a member of any other reserve component of the armed forces of the United States is serving in active state service at the time of receipt of notice of the discharge or suspension the aforesaid ten-day period within which application must be made shall not commence to run until the day next following the date of termination of such active state service."
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:
MONDAY, FEBRUARY 22, 2016
1445
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan E Glanton Y Golick E Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett
Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice 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 E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C E Williams, E Y Williamson
Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 859. By Representatives Jasperse of the 11th, Ballinger of the 23rd, Meadows of the 5th, Powell of the 32nd, Hightower of the 68th and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying and possession of certain weapons by weapons carry license holders in or on certain buildings or real property owned by or leased to public institutions of postsecondary
1446
JOURNAL OF THE HOUSE
education; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying and possession of handguns in certain manners by weapons carry license holders in certain buildings or on real property owned by or leased to public institutions of postsecondary education; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended in 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, by deleting "or" at the end of paragraph (17), by replacing the period with "; or" at the end of paragraph (18), and by adding a new paragraph to read as follows:
"(19)(A) Any license holder when he or she is in any building or on real property owned by or leased to any public technical school, vocational school, college, or university, or other public institution of postsecondary education; provided, however, that such exception shall:
(i) Not apply to buildings or property used for athletic sporting events or student housing, including, but not limited to, fraternity and sorority houses; (ii) Only apply to the carrying of handguns which a licensee is licensed to carry pursuant to subsection (h) of Code Section 16-11-126 and pursuant to Code Section 16-11-129; and (iii) Only apply to the carrying of handguns which are concealed. (B) As used in this paragraph, the term: (i) 'Handgun' shall have the same meaning as provided for in Code Section 16-11125.1. (ii) 'Concealed' means carried in such a fashion that does not actively solicit the attention of others and prominently, openly, and intentionally displayed only for purposes of defense of self or others. Such term shall include, but not be limited to, carrying on one's person while such handgun is substantially, but not necessarily completely, covered by an article of clothing which is worn by such person, carrying within a bag of a nondescript nature which is being carried about
MONDAY, FEBRUARY 22, 2016
1447
by such person, or carrying in any other fashion as to not be clearly discernible by the passive observation of others."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K N Bennett, T N Bentley Y Benton N Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H
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 N Dukes Y Dunahoo Y Duncan
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 Gilligan E Glanton Y Golick N Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice 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 N Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E 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 N Wilkinson N Willard N Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 113, nays 59.
1448
JOURNAL OF THE HOUSE
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 784. By Representatives Carson of the 46th, Maxwell of the 17th and Lumsden of the 12th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that certain insurer advertising and promotional items not exceeding $100.00 in value will not be considered an unfair trade practice or an unlawful inducement; 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 that insurers and insurance producers may advertise or conduct certain promotional programs whereby certain items not to exceed a certain value may be provided and will not be considered an unfair trade practice or an unlawful inducement; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-6-4, relating to unfair trade practices, by revising subsection (a) and subparagraph (b)(8)(C) as follows:
"(a) As used in this Code section, the term 'policy': (1) 'Gift certificate' shall have the same meaning as provided in Code Section 10-1393. (2) 'Policy' means any insuring bond issued by an insurer. (3) 'Store gift card' shall have the same meaning as provided in Code Section 10-1393." "(C) Nothing in subparagraphs (A) and (B) of this paragraph shall be construed as including within the definition of discrimination or rebates any of the following practices: (i) In the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any bonuses
MONDAY, FEBRUARY 22, 2016
1449
or abatement of premiums shall be fair and equitable to policyholders and for the best interest of the company and its policyholders; (ii) In the case of life or accident and sickness insurance policies issued on the industrial debit or weekly premium plan, making allowance in an amount which fairly represents the saving in collection expense to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer; (iii) Making a readjustment of the rate of premium for a policy based on the loss or expense experienced at the end of the first or any subsequent policy year of insurance thereunder, which adjustment may be made retroactive only for the policy year; (iv) Issuing life or accident and sickness insurance policies covering bona fide employees of the insurer at a rate less than the rate charged other persons in the same class; (v) Issuing life or accident and sickness policies on a salary-saving, payroll deduction, preauthorized, postdated, automatic check, or draft plan at a reduced rate commensurate with the savings made by the use of such plan; (vi) Paying commissions or other compensation to duly licensed agents or brokers or allowing or returning dividends, savings, or unabsorbed premium deposits to participating policyholders, members, or subscribers; (vii) Paying by an insurance agent of part or all of the commissions on public insurance to a nonprofit association of insurance agents which is affiliated with a recognized state or national insurance agents' association, which commissions are to be used in whole or in part for one or more civic enterprises; (viii) Paying for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during group sales presentations and group seminars, provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; or (ix) Paying for business meals and entertainment by an insurer or an agent, broker, or employee of an insurer, agent, or broker for current or prospective clients; or (x) Advertising or conducting promotional programs by insurers or insurance producers whereby prizes, goods, wares, store gift cards, gift certificates, sporting event tickets, or merchandise, not exceeding $50.00 in value per customer in the aggregate in any one calendar year, are given to current or prospective customers; provided, however, that the giving of any item or items of value under this subsection shall not be contingent on the sale or renewal of a policy;"
SECTION 2. Said title is further amended by revising Code Section 33-9-36, relating to unauthorized premiums and unlawful inducements, as follows:
"33-9-36.
1450
JOURNAL OF THE HOUSE
"(a) As used in this Code section, the term: (1) 'Gift certificate' shall have the same meaning as provided in Code Section 10-1393. (2) 'Insurance' includes suretyship. (3) 'Policy' includes bond. (4) 'Store gift card' shall have the same meaning as provided in Code Section 10-1393.
(a)(b) No broker or agent shall knowingly charge, demand, or receive a premium for any policy of insurance except in accordance with this chapter. (b)(c) No insurer or employee of such insurer and no broker or agent shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly as an inducement to insurance or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue on such policy of insurance, or any valuable consideration or inducement whatever, not specified in the policy of insurance, except to the extent provided for in an applicable filing. No insured named in a policy of insurance nor any employee of the insured shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit, or reduction of premium, or any special favor or advantage or valuable consideration or inducement. (c)(d) Nothing in this Code section shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents and brokers, nor as prohibiting any insurer from allowing or returning to its participating policyholders, members, or subscribers dividends, savings, or unabsorbed premium deposits. (d) As used in this Code section the word 'insurance' includes suretyship and the word 'policy' includes bond. (e) Nothing in this Code section shall be construed as prohibiting the payment for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during sales presentations and seminars, provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars. (f) Nothing in this Code section shall be construed as prohibiting insurers or insurance producers from advertising or conducting promotional programs by insurers or insurance producers whereby prizes, goods, wares, store gift cards, gift certificates, sporting event tickets, or merchandise, not exceeding $50.00 in value per customer in the aggregate in any one calendar year, are given to current or prospective customers; provided, however, that the giving of any item or items of value under this subsection shall not be contingent on the sale or renewal of a policy."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
MONDAY, FEBRUARY 22, 2016
1451
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly E Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D
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 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 Gilligan E Glanton
Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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 Benton of the 31st District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
1452
JOURNAL OF THE HOUSE
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 934 Do Pass
Respectfully submitted, /s/ Benton of the 31st
Chairman
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, FEBRUARY 23, 2016
1453
Representative Hall, Atlanta, Georgia
Tuesday, February 23, 2016
Twenty-Sixth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell E Carson E Carter, A Carter, D E Casas Chandler Cheokas Clark, D
Clark, V Coleman Cooke Coomer Cooper Corbett E 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 E Frye Gardner Gasaway Gilligan Glanton
Gravley Greene Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb E Holmes Houston Howard Hugley E Jackson Jones, J E Jones, L Jones, S Kaiser Kelley Kendrick Kidd Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell E Mayo McCall
McClain Meadows Mitchell Morris Mosby Nimmer Nix Pak Parrish Petrea Pezold Pirkle Powell, A Powell, J Price Prince Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw
Sims Smith, E E Smith, L Smith, M Smith, R Smyre Spencer Stephens, R Stovall E Stover Strickland Tankersley Tanner Tarvin Taylor, D E Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Watson Werkheiser Wilkerson Wilkinson Willard E Williams, A Williams, C E 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, Golick of the 40th, Gordon of the 163rd, Jones of the 167th, Jordan of the 77th, Kirby of the 114th, Metze of the 55th, Oliver of the 82nd, Stephens of the 165th, Stephenson of the 90th, Waites of the 60th, and Weldon of the 3rd.
1454
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Pastor Carlos L. Kelly, Beulahland Bible 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 communications were received:
House of Representatives Coverdell Legislative Office Building
Room 509 Atlanta, Georgia 30334
February 23, 2016
Mr. Bill Reilly Clerk of the House 309 State Capitol Atlanta, GA 30334
Dear Mr. Reilly,
On February 22, 2016 I mistakenly cast a "yes" vote on House Resolution 1113 when my intention was to cast a "no" vote. I request that you please amend my "yes" vote on HR 1113.
Thank you in advance and please let me know if you have any questions.
Respectfully,
/s/ Taylor Bennett Representative Taylor Bennett District 80
TB/nsc
TUESDAY, FEBRUARY 23, 2016
1455
Valerie Clark Representative District 101 252 Regal Dr. Lawrenceville, GA 30046
Dear Mr. Reilly,
I voted "yes" on HB 859 buy my vote was not recorded. Please allow my yes vote to be reflected.
Sincerely,
/s/ Valerie Clark
To whom it may concern,
I would like the journal to reflect that I would have voted "YES" on the HB 903 on Monday Feb. 22, 2016.
I was outside of the House Chambers at the ropes, for the first time ever, speaking with a constituent that called me out.
I do not have official letterhead.
In service,
/s/ Rep. Park Cannon (58)
House of Representatives 401-B State Capitol
Atlanta, Georgia 30334
February 23, 2016
The Honorable William Reilly 309 State Capitol Atlanta, GA 30334
RE: HB 813
Dear Mr. Reilly:
My intentions were to vote no for HB 813.
1456
JOURNAL OF THE HOUSE
Respectfully,
/s/ Jan Tankersley Jan Tankersley, District 160
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 1066. By Representatives Powell of the 32nd, Taylor of the 173rd and Jasperse of the 11th:
A BILL to be entitled an Act to amend Code Section 42-2-8 of the Official Code of Georgia Annotated, relating to additional duties of the commissioner of corrections, so as to authorize the chief of staff to the commissioner to issue warrants for the arrest of an offender who has escaped from the custody of the department; 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.
HB 1067. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Greene County, approved May 16, 2007 (Ga. L. 2007, p. 3602), so as to provide for an election supervisor; to provide for the qualifications, appointment, compensation, duties, and employment of said election supervisor; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, FEBRUARY 23, 2016
1457
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1068. By Representatives Kaiser of the 59th, Beverly of the 143rd, Clark of the 101st, Gardner of the 57th and Thomas of the 39th:
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 postpartum depression counseling, screening, and treatment referral; to provide for duty for certain medical professionals to counsel; to provide for treatment and hospitalization for postpartum depression; to provide for records; to provide a short title; to provide legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1069. By Representative Martin of the 49th:
A BILL to be entitled an Act to amend Code Section 40-2-8 of the Official Code of Georgia Annotated, relating to operation of an unregistered vehicle or vehicle without a current license plate, revalidation decal, or county decal; storage of an unlicensed vehicle; display, revision, and extension of temporary license plates; and fines, so as to provide for the issuance of a temporary plate to a tag service company; to provide for a definition; to provide for conditions upon the issuance of such temporary plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1070. By Representatives Dempsey of the 13th, Houston of the 170th, Willard of the 51st, Thomas of the 39th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to permit the department to use certain information in the department's records concerning the adopted child's biological parents; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1071. By Representatives Dickerson of the 113th, Dawkins-Haigler of the 91st, Stephenson of the 90th, Kendrick of the 93rd, Carter of the 92nd and others:
1458
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Chapter 10A of Title 19 of the Official Code of Georgia Annotated, relating to safe place for newborns, so as to provide for signs to be posted at certain medical facilities to indicate locations where a newborn child may be left such that the mother can avoid criminal prosecution; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1073. By Representatives Strickland of the 111th and Weldon of the 3rd:
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 change provisions relating to procedure in juvenile courts; to provide that adoption proceedings be stayed while an appeal of an order to terminate rights is pending; to clarify the court's duties to a case while an appeal is pending; to clarify provisions relating to the waiver of the right to counsel; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 1074. By Representatives Reeves of the 34th, Carson of the 46th, Dollar of the 45th, Setzler of the 35th, 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, so as to change the compensation of the judges of the state court; to authorize the governing authority of Cobb County to make payments to the Trial Judges and Solicitors Retirement Fund; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1075. By Representatives Hawkins of the 27th, Cooper of the 43rd, Chandler of the 105th, Rakestraw of the 19th, Rogers of the 29th and others:
A BILL to be entitled an Act to amend Code Section 10-1-393.5 of the Official Code of Georgia Annotated, relating to prohibited telemarketing, Internet activities, or home repair, so as to provide that the transmission of another person's medical information shall be deemed an unfair and deceptive trade practice; to provide for a definition; to provide for cumulative remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, FEBRUARY 23, 2016
1459
Referred to the Committee on Health & Human Services.
HB 1076. By Representatives Bennett of the 80th and Taylor of the 79th:
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 provide that no development authority activated by a single county that has also activated a public safety and judicial facilities authority shall acquire, lease, or accept title to any real property located within a city that has activated a development authority without the consent by resolution of such city's development authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1077. By Representatives Peake of the 141st, Gravley of the 67th, Clark of the 98th, Kaiser of the 59th, Battles of the 15th and others:
A BILL to be entitled an Act to provide for a nonbinding state-wide referendum on the question of whether the state of Georgia should establish a strict regulatory structure that would allow for the limited licensure for growing, processing, and dispensing medical cannabis oil in Georgia for citizens with certain severe illnesses and that are properly registered with the state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 1457. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th, Benton of the 31st, Barr of the 103rd and others:
A RESOLUTION honoring the life of Confederate General James Longstreet and dedicating a bridge in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1458. By Representatives Waites of the 60th, Fludd of the 64th, Scott of the 76th, Thomas of the 56th and Dawkins-Haigler of the 91st:
A RESOLUTION encouraging all state, county, and local law enforcement agencies to engage in emergency pursuits only in the most necessary instances; and for other purposes.
1460
JOURNAL OF THE HOUSE
Referred to the Committee on Public Safety & Homeland Security.
HR 1459. By Representatives Peake of the 141st, Randall of the 142nd, Epps of the 144th, Dickey of the 140th and Beverly of the 143rd:
A RESOLUTION honoring the life of Colonel William Lee Robinson and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1460. By Representatives Alexander of the 66th and Maxwell of the 17th:
A RESOLUTION recognizing Mt. Olivet Missionary Baptist Church and dedicating a road in its honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1461. By Representatives Hatchett of the 150th and Epps of the 144th:
A RESOLUTION recognizing Mr. Mack Fitzgerald and dedicating an intersection in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1462. By Representatives Coomer of the 14th, Battles of the 15th and Kelley of the 16th:
A RESOLUTION recognizing Reverend Joe E. Edwards and dedicating an intersection 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 1084. By Representatives Houston of the 170th, England of the 116th, Watson of the 172nd, Shaw of the 176th and Efstration of the 104th:
A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to eliminate certain powers and duties of such commission relative to measuring farm and agricultural uses of water; to amend Title 12 of the O.C.G.A., relating to conservation and natural
TUESDAY, FEBRUARY 23, 2016
1461
resources, so as to substitute the State Forestry Commission for the State Soil and Water Conservation Commission with regard to certain powers and duties relative to measuring farm and agricultural uses of water; to change certain provisions relating to the powers of the director of the State Forestry Commission concerning the adoption of rules and regulations and methods of administration; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1085. By Representatives Dempsey of the 13th, England of the 116th, Parrish of the 158th, Cooper of the 43rd, Hatchett of the 150th and others:
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 transfer the oversight of such services to the Department of Community Health; to provide for the department to establish a community care unit within the Division of Medical Assistance; to delete certain provisions related to the implementation of a community care system; to provide for an annual community care plan to be incorporated into the State Plan for Medical Assistance; to change references to agency to department; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1086. By Representative Martin of the 49th:
A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal corporations, so as to broaden the prohibition on dual government service of members of municipal councils or boards to include all local governmental offices within the same county; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HB 1087. By Representative Morris of the 156th:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance generally, so as to require legislative notification prior to any request for a state plan amendment for an increase in eligibility or benefits above the minimum requirements for temporary assistance for needy families or the
1462
JOURNAL OF THE HOUSE
supplemental nutrition assistance program; 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 1053 HB 1055 HB 1057 HB 1059 HB 1061 HB 1063 HB 1065 HR 1427 HR 1429 HR 1431
HB 1054 HB 1056 HB 1058 HB 1060 HB 1062 HB 1064 HB 1072 HR 1428 HR 1430 SB 370
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 1010 HB 1042 HB 1047 HB 1049 HB 1051
Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass
HB 1038 HB 1044 HB 1048 HB 1050
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:
Mr. Speaker:
TUESDAY, FEBRUARY 23, 2016
1463
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 979 Do Pass
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 825 HB 887 HB 962
Do Pass Do Pass, by Substitute Do Pass, by Substitute
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 899 HB 919 HB 935 HB 987
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
HB 911 HB 922 HB 981
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
1464
JOURNAL OF THE HOUSE
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 23, 2016
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
HB 1030 Georgia Seed Development Commission; change certain provisions (A&CA-Watson-172nd)
Modified Open Rule
HB 804 HB 851
HB 856 HB 944
HB 970 HB 975
Superior courts; fifth judge of the Clayton Judicial Circuit; provide (Substitute)(Judy-Mabra-63rd) Local government; annual audit of financial affairs, books, and records of boards of trustees of county law libraries; require (Substitute)(B&FAOAtwood-179th) Probate courts; bond required for judges; change provisions (Judy-Fleming121st) Health; pronouncement of death of patients in nursing homes who are organ donors by a physician assistant or registered professional nurse; provide (Substitute)(H&HS-Gilligan-24th) Fire protection and safety; issuance of certificates of compliance for fire departments; revise requirements (PS&HS-Lumsden-12th) Commerce and trade; assets and liabilities; provide certain updates to the standard valuation law (Ins-Shaw-176th)
Modified Structured Rule
HB 93 HB 792
Motor vehicles; law enforcement retaining license plate data obtained from automated license plate recognition systems for certain periods; prohibit (Substitute)(PS&HS-Pezold-133rd) (AM 41 0148) Firearms; carrying, possession, and use of electroshock weapons by persons who are students or who are employed at a public institution; authorize (Substitute)(PS&HS-Brockway-102nd)
TUESDAY, FEBRUARY 23, 2016
1465
HB 827 HB 900
HB 941
HR 1312 HR 1363
"Pursuing Justice for Rape Victims Act"; enact (Substitute)(JudyNCHolcomb-81st) Crimes and offenses; electronic data base of prescription information; authorize the retention of data base information for 2 years (Substitute)(H&HS-Cooper-43rd) Courts; review of incidents involving a peace officer's use of deadly force that results in death or serious bodily injury; provide for procedure (Substitute)(JudyNC-Golick-40th) Houston County; certain property currently dedicated as a heritage preserve; authorize the change of use (SProp-Sims-123rd) House Special Study Committee on Judicial Qualifications Commission Reform; create (Rules-Willard-51st)
Structured Rule
HB 768 HB 923
Handicapped persons; ABLE program establishment to use tax exempt accounts to pay for qualified expenses of eligible individuals with disabilities; provisions (Substitute)(W&M-Hawkins-27th) Sales and use tax; fire districts which have elected governing bodies and are supported by ad valorem taxes; provide exemption (Substitute)(W&MQuick-117th)
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 1010. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4048), 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.
1466
JOURNAL OF THE HOUSE
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3691) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4048), so as to change the provisions relating to the compensation of the 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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4048), is amended by revising subsection (a) of Section 8 as follows:
"(a) Commissioners representing Districts 1 and 4 shall be eligible to be paid as their entire compensation for services as commissioners the sum of $45,175.86 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. Commissioners representing Districts 2 and 3 shall be eligible to be paid as their entire compensation for services as commissioners the sum of $45,418.81 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 $131,188.22 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."
TUESDAY, FEBRUARY 23, 2016
1467
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 1038. By Representatives Rhodes of the 120th and Kidd of the 145th:
A BILL to be entitled an Act to authorize the governing authority of the City of Eatonton 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 1042. By Representative Kelley of the 16th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1044. By Representatives Corbett of the 174th, Carter of the 175th, Shaw of the 176th and Sharper of the 177th:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia providing for the election of the Board of Tax Assessors of Lowndes County and thereby end the elective terms of members of the Board of Tax Assessors of Lowndes County on December 31, 2020; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; 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.
1468
JOURNAL OF THE HOUSE
HB 1047. By Representatives Smith of the 70th, Trammell of the 132nd, Ramsey of the 72nd and Stover of the 71st:
A BILL to be entitled an Act to amend an Act continuing the State Court of Coweta County, approved May 17, 2004 (Ga. L. 2004, p. 4260), so as to revise the terms of court of the State Court of Coweta County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1048. By Representatives Blackmon of the 146th, Harden of the 148th, Clark of the 147th, Dickey of the 140th and Epps of the 144th:
A BILL to be entitled an Act to repeal an Act creating the Houston County Commission on Children and Youth, approved April 14, 1997 (Ga. L.1997, p. 4177); to provide for the assets and liabilities thereof; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1049. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend an Act to provide for the Board of Public Education for the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to authorize members of the Board of Public Education for the City of Savannah and Chatham County to censure its 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 1050. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to authorize members of the governing body of the City of Savannah to censure
TUESDAY, FEBRUARY 23, 2016
1469
its 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 1051. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to provide for an additional power of the board to censure 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.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K
Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell
Y Cooke Y Coomer Y Cooper Y Corbett E 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
Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson 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
Kirby Y Knight Y LaRiccia
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons
Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Y Smith, E E Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R
Stephenson Y Stovall E Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Welch Weldon
1470
JOURNAL OF THE HOUSE
E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Rice 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 E Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bills, the ayes were 151, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
Mr. Speaker:
SB 271. By Senators Burke of the 11th, Kirk of the 13th and Watson of the 1st:
A BILL to be entitled an Act to amend Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination and treatment for mental illness, so as to provide for reasonable standards for providing patients and their representatives notice of their rights upon each such patient's admission to an emergency receiving facility; to provide for procedure for continued involuntary hospitalization of a mentally ill patient when a discharge has been planned and is deemed unsafe; to change the time frame for certain notices related to the procedure for continued involuntary hospitalization; to provide for a reasonable standard for diligent efforts to secure the names of a mental patient's representatives; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 275. By Senators Williams of the 27th, Ligon, Jr. of the 3rd, Burke of the 11th, Gooch of the 51st, Martin of the 9th and others:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that the governing body of any county, consolidated government, or municipality; local board of education; or any other governmental entity shall not adopt or
TUESDAY, FEBRUARY 23, 2016
1471
maintain any policy, rule, or other provision that has the effect of preventing the free exercise of the right of freedom of speech by the members of the governing body and the ability of members of the governing body to discuss freely the policies and actions of such entity; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 316. By Senators Gooch of the 51st, Mullis of the 53rd, Harper of the 7th, Beach of the 21st and Ginn of the 47th:
A BILL to be entitled an Act to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relative to bingo, so as to remove the daily permissible prize limitation while preserving the weekly permissible prize limitation; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 337. By Senators Walker III of the 20th, Hill of the 6th, Hufstetler of the 52nd, Cowsert of the 46th, Kirk of the 13th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Human Services to provide that certain dependents of a military service member shall maintain eligibility and priority for certain medical assistance and developmental disability services under certain conditions; to require the department to request a waiver if necessary to implement such provision; to provide that such provision shall only apply to the fullest extent permissible to remain in compliance with certain federal laws, rules, and regulations; to repeal conflicting laws; and for other purposes.
SB 348. By Senators Tippins of the 37th, Cowsert of the 46th, Wilkinson of the 50th, Williams of the 27th and Sims of the 12th:
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 college and career academies as charter schools or as schools within a strategic waivers school system or charter system; to provide for requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 380. By Senator Gooch of the 51st:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of White County, approved May 13, 2008 (Ga. L. 2008, p. 4205), as amended, so as to provide for compensation increases for members
1472
JOURNAL OF THE HOUSE
of the board; 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 807. By Representatives Stovall of the 74th, Scott of the 76th, 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 one or more community improvement districts within Clayton County, approved April 7, 1992 (Ga. L. 1992, p. 5698), so as to change certain provisions relating to the purpose of the Act; to change the definition of the term "electors"; to change the definition of the term "project"; to change certain provisions relating to taxes, fees, and assessments; to change certain provisions relating to boundaries of such districts; to change certain provisions relating to the powers of boards of such districts; to repeal conflicting laws; and for other purposes.
HB 930. By Representative Allison of the 8th:
A BILL to be entitled an Act to provide a new charter for the City of Blairsville; 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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 271. By Senators Burke of the 11th, Kirk of the 13th and Watson of the 1st:
A BILL to be entitled an Act to amend Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination and treatment for mental illness, so as to provide for reasonable standards for providing patients and their representatives notice of their rights upon each such patient's admission to an emergency receiving facility; to provide for procedure for continued involuntary hospitalization of a mentally ill patient when a discharge has been planned and is deemed unsafe; to change the time frame for certain notices related to the procedure for continued involuntary hospitalization; to provide for a reasonable standard for diligent efforts to secure the names of a mental patient's representatives; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, FEBRUARY 23, 2016
1473
Referred to the Committee on Health & Human Services.
SB 275. By Senators Williams of the 27th, Ligon, Jr. of the 3rd, Burke of the 11th, Gooch of the 51st, Martin of the 9th and others:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that the governing body of any county, consolidated government, or municipality; local board of education; or any other governmental entity shall not adopt or maintain any policy, rule, or other provision that has the effect of preventing the free exercise of the right of freedom of speech by the members of the governing body and the ability of members of the governing body to discuss freely the policies and actions of such entity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 316. By Senators Gooch of the 51st, Mullis of the 53rd, Harper of the 7th, Beach of the 21st and Ginn of the 47th:
A BILL to be entitled an Act to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relative to bingo, so as to remove the daily permissible prize limitation while preserving the weekly permissible prize limitation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SB 337. By Senators Walker III of the 20th, Hill of the 6th, Hufstetler of the 52nd, Cowsert of the 46th, Kirk of the 13th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Human Services to provide that certain dependents of a military service member shall maintain eligibility and priority for certain medical assistance and developmental disability services under certain conditions; to require the department to request a waiver if necessary to implement such provision; to provide that such provision shall only apply to the fullest extent permissible to remain in compliance with certain federal laws, rules, and regulations; to repeal conflicting laws; and for other purposes.
1474
JOURNAL OF THE HOUSE
Referred to the Committee on Health & Human Services.
SB 348. By Senators Tippins of the 37th, Cowsert of the 46th, Wilkinson of the 50th, Williams of the 27th and Sims of the 12th:
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 college and career academies as charter schools or as schools within a strategic waivers school system or charter system; to provide for requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 380. By Senator Gooch of the 51st:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of White County, approved May 13, 2008 (Ga. L. 2008, p. 4205), as amended, so as to provide for compensation increases for members of the board; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
Pursuant to HR 1406, the House recognized and commended Coach Kirby Smart upon his selection as head coach of the University of Georgia football team.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Epps of the 144th, Cooper of the 43rd, Spencer of the 180th, McCall of the 33rd, Kaiser of the 59th, Stephens of the 164th, Marin of the 96th, Beverly of the 143rd, Bentley of the 139th, Cheokas of the 138th, Buckner of the 137th et al., and Kelley of the 16th.
Pursuant to HR 1169, the House recognized and commended Mr. A. Paul Wood upon the grand occasion of his retirement.
Pursuant to HR 1305, the House recognized and commended Morgan Brian.
Pursuant to HR 1217, the House recognized Anita and Dave Smith.
Representative Pruett of the 149th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
TUESDAY, FEBRUARY 23, 2016
1475
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 749 Do Pass
Respectfully submitted, /s/ Pruett of the 149th
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 1030. By Representatives Watson of the 172nd, Houston of the 170th, England of the 116th, Corbett of the 174th and LaRiccia of the 169th:
A BILL to be entitled an Act to amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its membership; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
Y Cooke Y 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 E Dunahoo Y Duncan
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
Y Smith, E E 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
1476
JOURNAL OF THE HOUSE
Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y 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 E 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.
HR 1312. By Representatives Sims of the 123rd, Blackmon of the 146th, Coomer of the 14th, Clark of the 101st, Dunahoo of the 30th and others:
A RESOLUTION authorizing the change of use of certain property located in Houston County currently dedicated as a heritage preserve; authorizing the granting of a nonexclusive easement for the construction, operation, and maintenance of facilities and ingress and egress in, on, over, under, upon, across, or through certain state owned real property located in Houston County; to provide an effective date; to repeal conflicting laws; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak
Y Smith, E E Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
TUESDAY, FEBRUARY 23, 2016
1477
Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dickey E Dickson Y 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 E Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley
Greene
E Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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.
HB 900. By Representatives Cooper of the 43rd, Weldon of the 3rd, Hawkins of the 27th, Parrish of the 158th, Harden of the 148th and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, so as to authorize the retention of data base information for two years; to provide for delegates of prescribers and dispensers to access data base information under certain conditions; to revise language relating to subpoenas and search warrants; to provide for accessing data base information for purposes of investigation of potential abuse; to provide for the release of nonpatient specific data to the agency for instructional, drug abuse prevention, and research purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
1478
JOURNAL OF THE HOUSE
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Part 2 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, so as to authorize the retention of data base information for two years; to provide for delegates of prescribers and dispensers to access data base information under certain conditions; to revise language relating to subpoenas and search warrants; to provide for accessing data base information for purposes of investigation of potential abuse; to provide for the release of nonpatient specific data to the agency for instructional, drug abuse prevention, and research purposes; to limit liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, is amended in Code Section 16-13-59, relating to information to include for each Schedule II, III, IV, or V controlled substance prescription, by revising subsection (e) as follows:
"(e) The agency shall not access or allow others to access any identifying prescription information from the electronic data base after one year two years from the date such information was originally received by the agency. The agency may retain aggregated prescription information for a period of one year two years from the date the information is received but shall promulgate regulations and procedures that will ensure that any identifying information the agency receives from any dispenser or reporting entity that is one year two years old or older is deleted or destroyed on an ongoing basis in a timely and secure manner."
SECTION 2. Said part is further amended in Code Section 16-13-60, relating to privacy and confidentiality, use of data, and security program, as follows:
"16-13-60. (a) Except as otherwise provided in subsections (c) and (d) of this Code section, prescription information submitted pursuant to Code Section 16-13-59 shall be confidential and shall not be subject to open records requirements, as contained in Article 4 of Chapter 18 of Title 50. (b) The agency, in conjunction with the board, shall establish and maintain strict procedures to ensure that the privacy and confidentiality of patients, prescribers, and patient and prescriber information collected, recorded, transmitted, and maintained pursuant to this part are protected. Such information shall not be disclosed to any
TUESDAY, FEBRUARY 23, 2016
1479
person or entity except as specifically provided in this part and only in a manner which in no way conflicts with the requirements of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, P.L. 104-191. Nothing in this subsection shall be construed to prohibit the agency from accessing prescription information as a part of an investigation into suspected or reported abuses or regarding illegal access of the data. Such information may be used in the prosecution of an offender who has illegally obtained prescription information. (c) The agency shall be authorized to provide requested prescription information collected pursuant to this part only as follows:
(1) To persons authorized to prescribe or dispense controlled substances for the sole purpose of providing medical or pharmaceutical care to a specific patient or to delegates of such persons authorized to prescribe or dispense controlled substances in accordance with the following:
(A) Such delegates are members of the prescriber or dispenser's staff and retrieve and review information and reports strictly for purposes of determining misuse, abuse, or underutilization of prescribed medication; (B) Such delegates are licensed, registered, or certified by the state regulatory board governing the delegating prescriber or dispenser, and the delegating prescriber or dispenser shall be held responsible for the use of the information and data by their delegates; and (C) All information and reports retrieved and reviewed by delegates shall be maintained in a secure and confidential manner in accordance with the requirements of subsection (f) of this Code section; (2) Upon the request of a patient, prescriber, or dispenser about whom the prescription information requested concerns or upon the request on his or her behalf of his or her attorney; (3) To local, or state, or federal law enforcement or prosecutorial officials pursuant to the issuance of a search warrant from an appropriate court or official in the county in which the office of such law enforcement or prosecutorial officials are located pursuant to Article 2 of Chapter 5 of Title 17 or to federal law enforcement or prosecutorial officials pursuant to the issuance of a search warrant pursuant to 21 U.S.C. or a grand jury subpoena pursuant to 18 U.S.C.; and (4) To the agency, or the Georgia Composite Medical Board or any other state regulatory board governing prescribers or dispensers in this state, or the Department of Community Health for purposes of the state Medicaid program upon the issuance of an administrative a subpoena issued by a Georgia state administrative law judge by such agency, board, or department pursuant to their existing subpoena power or to the federal Centers for Medicare and Medicaid Services upon the issuance of a subpoena by the federal government pursuant to its existing subpoena powers. (c.1) An individual authorized to access electronic data base prescription information pursuant to this part may:
1480
JOURNAL OF THE HOUSE
(1) Communicate concerns about a patient's potential misuse, abuse, or underutilization of a controlled substance with other prescribers and dispensers that are involved in the patient's health care; or (2) Report potential violations of this article to the agency for review or investigation. Following such review or investigation, the agency may:
(A) Refer instances of a patient's possible personal misuse or abuse of controlled substances to the patient's primary prescriber to allow for potential intervention and impairment treatment; (B) Refer probable violations of controlled substances being acquired for illegal distribution, and not solely for a patient's personal use, to the appropriate authorities for further investigation and potential prosecution; or (C) Refer probable regulatory violations by prescribers or dispensers to the regulatory board governing such person. (d) The board may provide statistical data to government entities and other entities for statistical, research, educational, or grant application purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers; the board may provide nonpatient specific data to the agency for instructional, drug abuse prevention, and research purposes. (e) Any person or entity who receives electronic data base prescription information or related reports relating to this part from the agency shall not provide such information or reports to any other person or entity except by order of a court of competent jurisdiction pursuant to this part. (f) Any permissible user identified in this part who directly accesses electronic data base prescription information shall implement and maintain a comprehensive information security program that contains administrative, technical, and physical safeguards that are substantially equivalent to the security measures of the agency. The permissible user shall identify reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, or other compromise of the information and shall assess the sufficiency of any safeguards in place to control the risks. (g) No provision in this part shall be construed to modify, limit, diminish, or impliedly repeal any authority existing on June 30, 2011, of a licensing or regulatory board or any other entity so authorized to obtain prescription information from sources other than the data base maintained pursuant to this part; provided, however, that the agency shall be authorized to release information from the data base only in accordance with the provisions of this part."
SECTION 3. Said part is further amended in Code Section 16-13-63, relating to liability, as follows:
"16-13-63. (a) Nothing in this part shall require a dispenser or prescriber to obtain information about a patient from the program established pursuant to this part. A dispenser or prescriber shall not have a duty and shall not be held civilly liable for damages to any
TUESDAY, FEBRUARY 23, 2016
1481
person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the dispenser or prescriber did or did not seek or obtain information from the electronic data base established pursuant to Code Section 16-13-57. Nothing in this part shall create a private cause of action against a prescriber or dispenser. (b) A dispenser or prescriber acting in good faith shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property for receiving or using information from the electronic data base established pursuant to Code Section 16-13-57."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler
N Cooke Y 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 E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince N Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
Y 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 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 E Williams, A
1482
JOURNAL OF THE HOUSE
Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
Y Glanton Y Golick Y Gordon
Gravley Y Greene
Y Maxwell E Mayo Y McCall Y McClain Y Meadows
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 151, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 975. By Representatives Shaw of the 176th, Smith of the 134th, Efstration of the 104th, Caldwell of the 131st, Blackmon of the 146th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities, so as to provide for certain updates to the standard valuation law as it relates to the reserve requirements for companies allowed to opt out of the principal based reserves standards; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Y Cooke Y 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 E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson 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 Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall
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. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson
TUESDAY, FEBRUARY 23, 2016
1483
Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
E Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 970. By Representatives Lumsden of the 12th, Powell of the 32nd, Hitchens of the 161st, Jasperse of the 11th, Atwood of the 179th and others:
A BILL to be entitled an Act to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to revise requirements for the issuance of certificates of compliance for fire departments; to revise and to provide for definitions; to expand the functions and powers of the Georgia Firefighter Standards and Training Council; to revise qualifications for firefighters; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
Cooke Y 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 E Dunahoo Y Duncan
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
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
1484
JOURNAL OF THE HOUSE
Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y 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 E Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 941. By Representatives Golick of the 40th, Atwood of the 179th, Pak of the 108th and Abrams of the 89th:
A BILL to be entitled an Act to amend Chapter 12 of Title 15, Chapter 7 of Title 17, and Chapter 11 of Title 45 of the O.C.G.A., relating to juries, pretrial proceedings, and miscellaneous offenses concerning public officers and employees, respectively, so as to provide for procedure for review of incidents involving a peace officer's use of deadly force that results in death or serious bodily injury; 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 15, Chapter 7 of Title 17, and Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to juries, pretrial proceedings, and miscellaneous offenses concerning public officers and employees, respectively, so as to provide for procedure for review of incidents involving a peace officer's use of deadly force that results in death or serious bodily injury; to provide for definitions; to provide for procedure and disclosure of information from such review; to repeal provisions relating to the use of stenographers and enact provisions relating to court reporters in
TUESDAY, FEBRUARY 23, 2016
1485
grand jury proceedings; to change provisions relating to the use of special purpose grand juries; to repeal population Act features connected to grand juries; to provide for peace officer notification of grand jury proceedings and the process of testifying before a grand jury; to change provisions relating to the indictment of public officials for professional misconduct; 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 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended in Code Section 15-12-71, relating to the duties of the grand jury, by adding a new paragraph to subsection (b) and two new subsections to read as follows:
"(5)(A) As used in this paragraph, the term 'serious bodily injury' means bodily harm which deprives a person of a member of his or her body, which renders a member of such person's body useless, or which seriously disfigures such person's body or a member thereof. (B) The grand jury, whenever deemed necessary by 12 or more of its members, or at the request of the district attorney, shall conduct a review of any incident in which a peace officer's use of deadly force resulted in death or serious bodily injury to another. Except when requested by the district attorney, such review shall only be conducted after the investigative report of the incident has been completed and submitted to the district attorney. The district attorney shall begin assisting the grand jury in its review no later than one year from the date of the incident or the date a different prosecuting attorney is appointed by the Attorney General under Code Section 15-18-5 or 15-18-65, whichever is later. A review shall not be conducted pursuant to this paragraph in any case in which the district attorney informs the grand jury that a bill of indictment or special presentment will be presented to a grand jury charging such peace officer with a criminal offense in conjunction with, or arising out of, the incident in which such peace officer's use of deadly force resulted in death or serious bodily injury to another. (C) Not less than 20 days prior to the date upon which the grand jury shall begin hearing evidence in such review, the chief executive officer of the law enforcement agency and the peace officer shall be notified of such date and the time and place of the grand jury meeting, provided that nothing in this paragraph shall require either officer to make a presentation to the grand jury unless requested by the grand jury to do so. (D) When the grand jury is conducting a review pursuant to this paragraph, the testimony of any witness appearing before it and any argument or legal advice provided to the grand jury by the prosecuting attorney shall be recorded by a court reporter. The cost of conducting such review, including, but not limited to, the cost of any recordation and transcription of testimony, shall be paid out of the county
1486
JOURNAL OF THE HOUSE
treasury, upon the certificate of the judge of the superior court, as other court expenses are paid. (E) Prior to the introduction of any evidence or the first witness being sworn, the district attorney shall advise the grand jury of the laws applicable to the conduct of such review. In particular, the grand jury shall be advised of Code Sections 16-320, 16-3-21, 16-3-23.1, and 17-4-20." "(e)(1) If the grand jury conducts a review pursuant to paragraph (5) of subsection (b) of this Code section, and the grand jury does not request that the district attorney create a bill of indictment or special presentment, the grand jury shall prepare a report or issue a general presentment based upon its inspection, and any such report or presentment shall be subject to publication as provided for in Code Section 15-12-80. (2) Such report or general presentment shall include a summary of the evidence considered by the grand jury and the grand jury's findings of the facts regarding the incident. (3) Such report or general presentment shall be returned to the court by the grand jury and published in open court, and the report or general presentment shall be filed with the clerk. (4) If the grand jury does not request that the district attorney create a bill of indictment or special presentment, the district attorney shall, upon the release of such report or general presentment and unless otherwise ordered by the court, make available for inspection or copying any evidence considered by the grand jury during such review and the transcripts of the testimony of the witnesses who testified during the review no later than the end of the following term of court or six months, whichever is later. On motion of the district attorney, the court shall order the redaction of any part of the evidence or transcripts which contains matters subject to a statutory privilege, the names of the grand jurors, or information contained therein that may be exempt from disclosure pursuant to Code Section 50-18-72. (5) Any person requesting copies of such report, copies of any evidence considered by the grand jury during such review, or the transcripts of the testimony of the witnesses who testified during the review may be charged a reasonable fee for the cost of the redaction, reproduction, copying, and delivery of such report, evidence, or transcripts as provided in Code Section 50-18-71. Such costs shall be paid before such material is provided. (f) If the grand jury requests that the district attorney create a bill of indictment or special presentment against the peace officer, the transcript of the testimony of the witnesses who testified during the review, together with any other evidence presented to the grand jury, shall be not be disclosed, except as provided in Code Section 15-1272 and in compliance with Article 1 of Chapter 16 of Title 17. If the bill of indictment or special presentment is to be presented to another grand jury, the district attorney shall transfer such transcripts and evidence to the grand jury considering the bill of indictment or special presentment."
TUESDAY, FEBRUARY 23, 2016
1487
SECTION 2. Said chapter is further amended by revising Code Section 15-12-74, relating to grand jury presentment of offenses, as follows:
"15-12-74. (a) Grand jurors have a duty to examine or make presentments of such offenses as may or shall come to their knowledge or observation after they have been sworn. Additionally, they have the right and power and it is their duty as jurors to make presentments of any violations of the laws which they may know to have been committed at any previous time which are not barred by the statute of limitations. (b) If a true bill is returned by the grand jury on any count of an indictment or special presentment, the indictment or special presentment shall be published in open court. If a no bill is returned by the grand jury on all counts of an indictment or special presentment, the prosecuting attorney shall file such indictment or special presentment with the clerk."
SECTION 3. Said chapter is further amended by repealing Code Section 15-12-83, relating to attendance of stenographer at grand jury proceeding and the use of a recording device, and enacting a new Code Section 15-12-83 to read as follows:
"15-12-83. (a) Upon the request of the district attorney or accused peace officer, a court reporter shall be authorized to be present and shall attend the grand jury proceedings while any witness is being examined by the grand jury. Before attending the grand jury proceedings, the court reporter shall take the following oath:
'I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the grand jury, so help me God.' (b) The district attorney of the circuit in which the county is located shall appoint the court reporter and, notwithstanding any law to the contrary, fix the compensation therefor, and such compensation, including the cost of transcripts, shall be paid by the county. (c) The court reporter shall take and transcribe the testimony of any witness appearing before the grand jury and any argument or legal advice provided to the grand jury by the prosecuting attorney and shall furnish such transcript to the district attorney. (d) When a witness testifies pursuant to a grant of immunity as provided in Code Section 24-5-507, such testimony shall be transcribed, a copy of the transcript shall be provided to the district attorney, and the original transcript shall be filed under seal in the office of the clerk. (e) The court reporter shall be incompetent to testify at any hearing or trial concerning any matter or thing coming to the knowledge of the court reporter while in attendance upon the grand jury. (f) Except as otherwise provided in this Code section, a recording, any court reporter's notes, and any transcript prepared from such recording or notes shall be provided solely to the district attorney, who shall retain control of such recording, notes, and transcript.
1488
JOURNAL OF THE HOUSE
The district attorney may use such materials to the extent such use is appropriate to the proper performance of his or her official duties."
SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 15-12-100, relating to the procedure for impaneling special grand jury, as follows:
"(a) The chief judge of the superior court of any county to which this part applies, on his or her own motion, on motion or petition of the district attorney, or on petition of any elected public official of the county or of a municipality lying wholly or partially within the county, may request the judges of the superior court of the county to impanel a special grand jury for the purpose of investigating any alleged violation of the laws of this state or any other matter subject to investigation by grand juries as provided by law."
SECTION 5. Said chapter is further amended by repealing Code Section 15-12-102, relating to the applicability of special purpose grand juries, and enacting a new Code Section 15-12-102 to read as follows:
"15-12-102. This part shall apply only to all counties and consolidated city-county governments of this state. Except as otherwise provided by this part, Part 1 of this article shall apply to the grand juries authorized by this part."
SECTION 6. Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, is amended by revising Code Section 17-7-52, relating to the procedure for indictment of peace officer for crime in the performance of duties, notification, and rights of the officer, as follows:
"17-7-52. (a) Before an a bill of indictment or special presentment against a present or former peace officer charging the officer with a crime which is alleged to have occurred while he or she was in the performance of his or her duties is returned by presented to a grand jury, the officer shall be given a copy of the proposed bill of indictment or special presentment and notified in writing of the contemplated action by the district attorney of the county wherein the grand jury shall convene and the officer shall be afforded the rights provided in Code Section 45-11-4. Such notice and a copy of the proposed bill of indictment or special presentment shall be provided to the officer not less than 20 days prior to the date upon which a grand jury will begin hearing evidence, and such notice shall inform the officer:
(1) That the grand jury is investigating the officer's conduct to determine if there is probable cause to conclude that the officer has violated one or more laws of this state; (2) Of the date upon which the grand jury will begin hearing testimony on the proposed bill of indictment or special presentment and the location of the hearing;
TUESDAY, FEBRUARY 23, 2016
1489
(3) That he or she may request, but cannot be compelled, to testify as a witness before the grand jury regarding his or her conduct; and (4) That, if the officer requests to testify before the grand jury, he or she will be permitted to do so at the conclusion of the presentation of the state's case-in-chief and that he or she may be questioned by the prosecuting attorney or members of the grand jury as are any other witnesses. (b) If the officer requests to appear as a witness, he or she shall notify the district attorney any time prior to the date the grand jury will begin hearing testimony in such investigation. The district attorney shall, after consulting with the grand jury, inform the officer in writing of the date and time when he or she shall be present in order to testify and of the procedure that the grand jury will follow pursuant to subsection (c) of this Code section. The district attorney shall further advise the grand jury that an officer has the right to appear and testify or not to appear and testify and that, if the officer chooses not to testify, the grand jury shall not consider that in any way in making its decision. (c) Prior to the introduction of any evidence or the first witness being sworn, the district attorney shall advise the grand jury of the laws applicable to the conduct of such proceedings, all relevant sections of the Code relating to the crime or crimes alleged in the bill of indictment as well as any Code section that excuses or justifies such conduct. In particular, the grand jury shall be advised of Code Sections 16-3-20, 16-3-21, 16-323.1, and 17-4-20. (d) If the officer requests to testify before the grand jury and appears at the date and time specified, the case shall proceed as in any other criminal case heard by a grand jury, except that the officer shall be permitted to testify. Such officer may be questioned by the prosecuting attorney or members of the grand jury as are any other witnesses. After the officer has been sworn as a witness and prior to any testimony by the officer, the district attorney shall advise the officer substantially of the following: (1) The officer's appearance before the grand jury is voluntary, and he or she cannot be compelled to appear as a witness; (2) By agreeing to be sworn as a witness on the bill of indictment or special presentment that will be laid before the grand jury, he or she will be asked to testify and answer questions and may be asked to produce records, documents, or other physical evidence; (3) The officer may refuse to answer any question or to produce records, documents, and other physical evidence if a truthful answer to the question or producing such records, documents, or other physical evidence would tend to incriminate the officer or would tend to bring infamy, disgrace, or public contempt upon the officer; (4) Any testimony given by the officer may be used against him or her by the grand jury or in a subsequent legal proceeding; and (5) If the officer is represented by an attorney, the attorney shall have the right to be present in the grand jury room while the officer is testifying, and the officer will be permitted reasonable opportunity to consult with his or her attorney outside the grand jury room.
1490
JOURNAL OF THE HOUSE
(e) After being sworn as a witness but prior to being asked any questions by the prosecuting attorney or the grand jurors, the officer may make such sworn statement as he or she shall desire. Counsel for the officer shall not propound questions to the officer nor object to questions propounded to the officer on evidentiary grounds. (f) At the conclusion of the officer's testimony, if any, the prosecuting attorney may present rebuttal evidence and advise the grand jury on matters of law. (g) At any time during the presentation of evidence or during deliberations, the grand jury may amend the bill of indictment or special presentment or instruct the district attorney to cause a new bill of indictment or special presentment to be created as in any other case. When a bill of indictment or special presentment is amended or newly created, the accused peace officer and his or her attorney shall be provided a copy of it. (h) No individual other than the jurors, and any interpreter needed to assist a hearing impaired or speech impaired juror, shall be present while the grand jury is deliberating or voting.
(b)(i)(1) As used in this subsection, the term 'nonserious traffic offense' means any offense in violation of Title 40 which is not prohibited by Article 15 of Chapter 6 of Title 40. (2) The requirements of subsection (a) of this Code section shall apply to all prosecutions, whether for felonies or misdemeanors or felonies, other than nonserious traffic offenses, and no such prosecution shall proceed either in state or superior court without a grand jury indictment or special presentment."
SECTION 7. Said chapter is further amended by revising subsection (e) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases, as follows:
"(e) Notwithstanding the above provisions, nothing in this Code section shall affect the rights of police officers and public officials to appear before a grand jury as provided in Code Sections 17-7-52, 45-11-4, and 45-15-11 or peace officers to appear before a grand jury as provided in Code Section 17-7-52."
SECTION 8. Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, is amended by revising Code Section 45-11-4, relating to unprofessional conduct and indictment, as follows:
"45-11-4. (a) As used in this Code section, the term:
(1) 'County officer' means any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner where such office has replaced the tax receiver and tax collector, and any county commissioner. (2) 'Municipal officer' means any mayor or elected member of any municipal governing authority.
TUESDAY, FEBRUARY 23, 2016
1491
(3) 'Public officer' means a county officer, a municipal officer, and state officials as provided in Code Section 45-15-11. (b) A public officer may be charged under this Code section for: (1) Malpractice, misfeasance, or malfeasance in office; (2) Using oppression or tyrannical partiality in the administration or under the color of his or her office; (3) When required by law, willfully refusing or failing to preside in or hold his or her court at the regular terms thereof, or when it is his or her duty under the law to do so; (4) Using any other deliberate means to delay or avoid the due course or proceeding of law; or (5) Willfully and knowingly demanding more cost than he or she is entitled to by law in the administration and under color of his or her office. (c) A conviction for violating subsection (b) of this Code section shall be punished as for a misdemeanor, and, upon conviction in a court of competent jurisdiction, the accused shall be removed from office. (d) This Code section shall only apply to a public officer charged under subsection (b) of this Code section. This Code section shall not apply when a public officer is charged with any other crime alleged to have occurred while such official was in the performance of an official duty. (e) This Code section shall only apply to a public officer holding office at the time of indictment and not to former office holders. (f) Any indictment brought pursuant to subsection (b) of this Code section shall specially set forth the merits of the complaint against the accused public officer. A copy of the proposed bill of indictment shall be served on the accused public officer at least 15 days before it is presented to the grand jury. (g) The accused shall have the right to appear before the grand jury to make such sworn statement as he or she shall desire at the conclusion of the presentation of the state's evidence. The accused shall not be subject to examination, either direct or cross, and shall not have the right individually or through his or her counsel to examine the state's witnesses. The accused and his or her counsel shall have the right to be present during the presentation of all evidence and alleged statements of the accused on the proposed indictment, presentment, or accusation, after which the accused and his or her counsel shall retire instanter from the grand jury room to permit the grand jury to deliberate upon the indictment. (h) At any time during the presentation of evidence or during deliberations, the grand jury may amend the indictment or instruct the district attorney to cause a new indictment to be drawn as in any other case. In such case, a copy of the amendment or new indictment, if it relates to the accused public official, shall be provided to the accused public official and his or her counsel. (i) If a true bill is returned by the grand jury, the indictment shall, as in other cases, be published in open court and shall be placed on the superior court criminal docket of cases to be tried by a trial jury."
1492
JOURNAL OF THE HOUSE
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D 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 E 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 E Floyd Y Fludd Y Frazier E Frye Y Gardner
Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y 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. Y 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 passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
TUESDAY, FEBRUARY 23, 2016
1493
HB 804. By Representatives Mabra of the 63rd, Glanton of the 75th, Douglas of the 78th, Scott of the 76th, Stovall of the 74th 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 fifth judge of the superior courts of the Clayton Judicial Circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Clayton Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the governing authority of the counties that comprise the Clayton Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent 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. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraph (10) as follows:
"(10) Clayton Circuit..................................................................................... 4 5"
SECTION 2. One additional judge of the superior courts is added to the Clayton Judicial Circuit, thereby increasing to five the number of judges of said circuit.
SECTION 3. Said additional judge shall be appointed by the Governor for a term beginning July 1, 2016, and continuing through December 31, 2018, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial
1494
JOURNAL OF THE HOUSE
election in 2018, for a term of four years beginning on January 1, 2019, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 4. The additional judge of the superior courts of the Clayton Judicial Circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Clayton Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Clayton Judicial Circuit shall be the same as are now provided by law for the other superior court judges of such circuit. The provisions, if any, enacted for the supplementation by the counties of such circuit of the salary of the judges of the superior courts of the Clayton Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 6. All writs and processes in the superior courts of the Clayton Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide five judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.
SECTION 7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of such circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in such courts so as to have jurors for the trial of cases before any of such judges separately or before each of them at the same time.
TUESDAY, FEBRUARY 23, 2016
1495
SECTION 8. The five judges of the superior courts of the Clayton Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 9.
All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Clayton Judicial Circuit may bear teste in the name of any judge of the Clayton Judicial Circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be heard and determined before the same or any other judge of such circuit. Any judge of such circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 10.
Upon request of any judge of the circuit, the governing authorities of the counties comprising the Clayton Judicial Circuit shall be authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
SECTION 11. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
SECTION 12. (a) For purposes of making the initial appointment of the judge to fill the superior court judgeship created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, this Act shall become effective on July 1, 2016.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison
Y Cooke Y Coomer Y Cooper
Y Harden Y Harrell Y Hatchett
Y Metze Y Mitchell Y Morris
Y Smith, E E Smith, L Y Smith, M
1496
JOURNAL OF THE HOUSE
Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley
Greene
Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 E Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker announced the House in recess until 1:45 o'clock, this afternoon.
TUESDAY, FEBRUARY 23, 2016
1497
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 1488. By Representative Marin of the 96th:
A RESOLUTION recognizing and commending ICNA Relief; and for other purposes.
HR 1489. By Representative Price of the 48th:
A RESOLUTION recognizing and commending Lauren Piper upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 1490. By Representatives Greene of the 151st, Buckner of the 137th, Taylor of the 173rd, Smyre of the 135th and Houston of the 170th:
A RESOLUTION recognizing and commending Deborah Shaw on the grand occasion of her retirement; and for other purposes.
HR 1491. By Representative Greene of the 151st:
A RESOLUTION honoring the life and memory of James Edgar Coleman; and for other purposes.
HR 1492. By Representative Price of the 48th:
A RESOLUTION recognizing and commending Camille Ryan upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 1493. By Representative Price of the 48th:
A RESOLUTION recognizing and commending Katie Reynolds upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 1494. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th:
A RESOLUTION recognizing and commending David Ball upon being named the Rotary Club's Citizen of the Year; and for other purposes.
1498
JOURNAL OF THE HOUSE
HR 1495. By Representative Price of the 48th:
A RESOLUTION recognizing and congratulating Carson Cleary Howgate; and for other purposes.
HR 1496. By Representatives Abrams of the 89th, Mosby of the 83rd and Mayo of the 84th:
A RESOLUTION recognizing Cedar Grove United Methodist Church on the grand occasion of its 188th anniversary; and for other purposes.
HR 1497. By Representative Reeves of the 34th:
A RESOLUTION recognizing March 2, 2016, as Georgia Music Day at the state capitol; and for other purposes.
HR 1498. By Representatives Mosby of the 83rd, Stephenson of the 90th and Dickerson of the 113th:
A RESOLUTION commending Eugene Harmond for his 43 years of service to Delta Air Lines; and for other purposes.
HR 1499. By Representative Ealum of the 153rd:
A RESOLUTION recognizing the Deerfield-Windsor School Knights on winning the 2015 Dr. Michael Drake Athletic Excellence Award and commending their longtime athletic director Gordy Gruhl for his outstanding leadership; and for other purposes.
HR 1500. By Representatives Bentley of the 139th, Abrams of the 89th, Smyre of the 135th, Randall of the 142nd, Fleming of the 121st and others:
A RESOLUTION honoring the life and memory of Sheriff Van Peavy; and for other purposes.
HR 1501. By Representatives Howard of the 124th, Prince of the 127th, Smith of the 125th and Sims of the 123rd:
A RESOLUTION recognizing and commending Lieutenant John W. Ivey on the occasion of his retirement; and for other purposes.
HR 1502. By Representatives Bentley of the 139th, Abrams of the 89th, Smyre of the 135th, Randall of the 142nd, Fleming of the 121st and others:
TUESDAY, FEBRUARY 23, 2016
1499
A RESOLUTION honoring and commending Lieutenant Colonel Joel Davis, Jr.; and for other purposes.
HR 1503. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION honoring the first grade classes of Elm Street Elementary School for their successful class project, Sugar Kids Beauty; and for other purposes.
HR 1504. By Representatives Stovall of the 74th, Scott of the 76th, Glanton of the 75th, Waites of the 60th, Jordan of the 77th and others:
A RESOLUTION recognizing and commending Edith P. "Edie" Yongue; and for other purposes.
HR 1505. By Representatives Atwood of the 179th, Jones of the 167th, Rice of the 95th and Wilkinson of the 52nd:
A RESOLUTION commending The Gathering Place and recognizing the week of February 29th through March 4th as The Week of the Gathering Place; and for other purposes.
HR 1506. By Representatives Stovall of the 74th, Scott of the 76th, Glanton of the 75th, Jordan of the 77th and Mabra of the 63rd:
A RESOLUTION recognizing and commending Ms. Darlene Beale-Norris; 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 856. By Representatives Fleming of the 121st, Weldon of the 3rd, Beskin of the 54th, Oliver of the 82nd, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for probate courts, so as to change provisions relating to the bond required for probate court judges; 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.
1500
JOURNAL OF THE HOUSE
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D 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 E Drenner Y Dudgeon Y Dukes E 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 Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Smith, E E 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
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 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, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 944. By Representatives Gilligan of the 24th, Cooper of the 43rd, Petrea of the 166th and Jasperse of the 11th:
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 the pronouncement of death of patients in nursing homes who are organ donors by a physician assistant or a registered professional nurse; to provide for the pronouncement of death of patients in hospice care who are organ donors by a registered
TUESDAY, FEBRUARY 23, 2016
1501
professional nurse; 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 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the pronouncement of death of patients in nursing homes who are organ donors by a registered professional nurse or a physician assistant; to provide for the pronouncement of death of patients in hospice care who are organ donors by a registered professional nurse or physician assistant; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-7-16, relating to determination or pronouncement of death of patient who died in a facility classified as a nursing home as follows:
"31-7-16. When a patient dies in any facility classified as a nursing home by the department and operating under a permit issued by the department, a physician assistant, a nurse practitioner, or a registered professional nurse licensed in this state and employed by such nursing home at the time of apparent death of such person, in the absence of a physician, may make the determination and pronouncement of the death of said patient; provided, however, that, when said patient is a registered organ donor, only a physician may make the determination or pronouncement of death; provided, further, that when it appears that a patient died from other than natural causes, only a physician may make the determination or pronouncement of death. Such determination or pronouncement shall be made in writing on a form approved by the department."
SECTION 2. Said title is further amended by revising Code Section 31-7-176.1, relating to determination or pronouncement of death of patients in hospice care, as follows:
"31-7-176.1. When a patient who is terminally ill or whose death is anticipated and who is receiving hospice care from a licensed hospice dies, a physician assistant, a nurse practitioner, or a registered professional nurse licensed in this state and employed by such hospice at the time of apparent death of such person, in the absence of an attending physician, may make the determination and pronouncement of the death of said patient; provided, however, that, when a hospice patient is a registered organ donor, only a physician may
1502
JOURNAL OF THE HOUSE
make the determination or pronouncement of death. Such determination or pronouncement shall be made in writing on a form approved by the commissioner of community health."
SECTION 3.
Said title is further amended by revising subsection (a) of Code Section 31-10-16, relating to criteria for determining death and immunity from liability, as follows:
"(a) A person may be pronounced dead by a qualified physician, by a registered professional nurse or nurse practitioner authorized to make a pronouncement of death under Code Section 31-7-16 or 31-7-176.1 or subsection (o) of Code Section 43-34-25, or by a physician assistant authorized to make a pronouncement of death under Code Section 31-7-16 or 31-7-176.1 or subsection (j) of Code Section 43-34-103, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function or (2) irreversible cessation of all functions of the entire brain, including the brain stem."
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 Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
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 E Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson 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 Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Y Smith, E E 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 N Thomas, A.M.
Thomas, E Y Trammell Y Turner Y Waites
TUESDAY, FEBRUARY 23, 2016
1503
Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fleming Floyd
Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read:
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 officers and agencies, so as to prohibit law enforcement from retaining license plate data obtained from automated license plate recognition systems beyond a certain period; to provide for definitions; to provide for the exchange of data obtained from license plate recognition systems by law enforcement; to provide for criminal penalties for misuse of captured license plate data; to provide for policies; to provide for Georgia Crime Information Center auditing; to provide for related matters; to repeal conflicting laws; and for other purposes.
1504
JOURNAL OF THE HOUSE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, is amended by adding a new Code section to read as follows:
"35-1-20. (a) As used in this Code section, the term:
(1) 'Automated license plate recognition system' means one or more high-speed cameras combined with computer algorithms used to convert images of license plates into computer readable data. (2) 'Captured license plate data' means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automated license plate recognition system or any other source. (3) 'Law enforcement agency' means the Department of Public Safety, the Department of Transportation, and any other state, local, public transit, school, college, or university agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, toll violation, regulatory, game, or controlled substance laws. (4) 'Law enforcement purpose' means the investigation of an offense or activity attributed to a case number assigned by a law enforcement agency. (5) 'Person' means an individual, corporation, company, partnership, firm, association, joint venture, or any other unincorporated association or group. (b) Law enforcement agencies may collect captured license plate data. Such data shall be stored immediately upon collection and not accessed except for a law enforcement purpose. All such data collected shall be destroyed no later than 90 days after such data were originally collected unless such data are the subject matter of a toll violation or for a law enforcement purpose. (c) Law enforcement agencies may exchange captured license plate data with other law enforcement agencies for law enforcement purposes. (d)(1) Any person who knowingly requests, uses, obtains, or attempts to obtain captured license plate data of a law enforcement agency under false pretenses or for any purpose other than for a law enforcement purpose shall for each such offense, upon conviction thereof, be fined not more than $5,000.00 or imprisoned for not more than two years, or both. (2) Nothing in this Code section shall be construed to preclude a law enforcement agency from contracting with a person to hold and maintain captured license plate data for such law enforcement agency; provided, however, that such person shall be subject to the policies of the law enforcement agency, paragraph (1) of this subsection, and subsection (f) of this Code section. (e) Any law enforcement agency deploying an automated license plate recognition system shall maintain policies for the use and operation of such system, including but
TUESDAY, FEBRUARY 23, 2016
1505
not limited to policies for the training of law enforcement officers in the use of captured license plate data consistent with this Code section. (f) The Georgia Crime Information Center shall, when periodically conducting audits of crime reporting practices of criminal justice agencies pursuant to paragraph (4) of subsection (a) of Code Section 35-3-33, conduct performance audits on the use of captured license plate data consistent with this Code section. (g) Captured license plate data collected by a law enforcement agency shall not be subject to public disclosure pursuant to Article 4 of Chapter 18 of Title 50."
SECTION 2. 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 Pezold of the 133rd offer the following amendment:
Amend the committee substitute to HB 93 (LC 41 0603S) by replacing line 33 with the following:
All such data collected shall be destroyed no later than one year after such data were
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 Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon N Broadrick Y Brockway
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 E Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Y Smith, E E 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
1506
JOURNAL OF THE HOUSE
Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Efstration Ehrhart
Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jordan Y Kaiser
Kelley Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Pruett Y Quick
Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 Y Watson
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, as amended, the ayes were 152, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 792. By Representatives Brockway of the 102nd, Pak of the 108th, Quick of the 117th, Cooke of the 18th, Ballinger of the 23rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying, possession, and use of electroshock weapons by persons who are students or who are employed at a public institution of postsecondary education; to provide for a definition; to provide for 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 Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying, possession, and use of electroshock weapons while in or on any building or real property owned by or leased to a public institution of postsecondary education; to provide for a definition; to provide for conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, FEBRUARY 23, 2016
1507
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended in 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, by deleting "or" at the end of paragraph (17), by replacing the period with "; or" at the end of paragraph (18), and by adding a new paragraph to read as follows:
"(19) Any person carrying, possessing, or having under such person's control an electroshock weapon while in or on any building or real property owned by or leased to such public technical school, vocational school, college or university or other public institution of postsecondary education; provided, however, that, if such person makes use of such electroshock weapon, such use shall be in defense of self or others. The exemption under this paragraph shall apply only to such person in regard to such electroshock weapon. As used in this paragraph, the term 'electroshock weapon' means any commercially available device that is powered by electrical charging units and designed exclusively to be capable of incapacitating a person by electrical charge, including, but not limited to, a stun gun or taser as defined in subsection (a) of Code Section 16-11-106."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K Y Bennett, T N Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick
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 E Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston N Howard N Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
N Smith, E E Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N 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
1508
JOURNAL OF THE HOUSE
Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell E Carson E Carter, A N Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming Y Floyd N Fludd N Frazier E Frye N Gardner Y Gasaway Y Gilligan Y Glanton Y Golick N Gordon Y Gravley Y Greene
N Jones, S Y Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra N Marin Y Martin Y Maxwell E Mayo Y McCall N McClain Y Meadows
N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott E Setzler N Sharper Y Shaw Y Sims
Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch
Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 117, nays 46.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 851. By Representative Atwood of the 179th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to require an annual audit of the financial affairs, books, and records of boards of trustees of the county law library; to provide for publication of such audit; 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 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to require an annual audit of the financial affairs, books, and records of boards of trustees of the county law library; to provide for publication of such audit; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
TUESDAY, FEBRUARY 23, 2016
1509
SECTION 1.
Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by adding a new Code section to read as follows:
"36-15-13. Each board created pursuant to this chapter shall, at the end of each fiscal year for the preceding year, have an annual audit of its financial affairs, books, and accounts performed by the county accountant as provided for in Code Section 36-1-10; the internal auditor employed by the governing authority of the county, if such internal auditor is a certified public accountant; or a certified public accountant. The determination of the performance of such audit by the county accountant, the internal auditor, or a certified public accountant shall be made by the board. Such audit shall be conducted in accordance with generally accepted accounting principles, including, but not limited to, a report on whether the control, deposit, and investment of funds, the receipt and investment of money and property, and the use of funds by such board have been conducted as provided for under this chapter. A copy of such audit shall be made available to the governing authority of the county and shall be a public document."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns
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 E Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
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. Y Thomas, E Y Trammell Y Turner
1510
JOURNAL OF THE HOUSE
Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Georgia House of Representatives Marie Robinson-Metze
Coverdell Legislative Office Building Room 511-G
Atlanta, Georgia 30334
February 23, 2016
I would like to vote yes on HB 851
/s/ Marie Robinson-Metze
HB 827. By Representatives Holcomb of the 81st, Bennett of the 80th, Pak of the 108th, Quick of the 117th, Abrams of the 89th 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 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 a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
TUESDAY, FEBRUARY 23, 2016
1511
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 definitions; to provide for procedure; to provide for reporting; 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 "Pursuing Justice for Rape Victims Act."
SECTION 2. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, is amended by revising Code Section 35-1-2, which was previously reserved, as follows:
"35-1-2. (a) As used in this Code section, the term:
(1) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (2) 'Medical examination' means an examination pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2. (b) When a forensic medical examination is performed, evidence is collected, and the alleged victim has requested that law enforcement officials be notified, the individual performing such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence. Law enforcement officials shall take possession of such evidence no later than 96 hours of being notified. (c) It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in subsection (b) of this Code section to ensure that such evidence is submitted to the division within 30 days of it being collected, in accordance with the procedures established by the division. (d) When a forensic medical examination was performed before July 1, 2016, evidence was collected, and the alleged victim requested that law enforcement officials be notified, the individual who performed such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence on or before July 15, 2016, and law enforcement officials shall take possession of such evidence on or before July 31, 2016. It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in this Code section to ensure that such evidence
1512
JOURNAL OF THE HOUSE
is submitted to the division by August 31, 2016, in accordance with the procedures established by the division. (e) It shall be the duty of every law enforcement agency to create a list of evidence resulting from a forensic medical examination that is in such agency's possession on August 1, 2016, identifying such evidence as needing to be tested and submitting such listing of information to the division by August 15, 2016. (f) A failure to comply with the provisions of this Code section shall not affect the admissibility of evidence collected from a forensic medical examination. (g) Beginning December 1, 2016, the division shall issue an annual report detailing the number of cases for which it has tested evidence pursuant to this Code section and the number of cases that are awaiting testing. Such report shall be provided to the executive counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant Governor, the members of the House Committee on Judiciary, Non-civil, the members of the Senate Judiciary, Non-civil Committee, and posted online at the Georgia Bureau of Investigation's website. Reserved."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
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 E Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson 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 Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey
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. Y Thomas, E Y Trammell Y Turner Y Waites
TUESDAY, FEBRUARY 23, 2016
1513
Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin
Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 768. By Representatives Hawkins of the 27th, Willard of the 51st, Fludd of the 64th, Jones of the 47th, Turner of the 21st and others:
A BILL to be entitled an Act to amend Title 30 of the O.C.G.A., relating to disabled persons, so as to provide for the establishment of a qualified ABLE program in this state to enable the contribution of funds to tax-exempt accounts to pay for the qualified expenses of eligible individuals with disabilities; to amend Code Section 48-7-27 of the O.C.G.A., relating to computation of taxable net income; to amend Code Section 50-13-2 of the O.C.G.A., relating to the definitions for purposes of the Georgia Administrative Procedure Act, so as to exclude the Georgia ABLE Program Corporation from the meaning of "agency"; 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 30 of the Official Code of Georgia Annotated, relating to disabled persons, so as to provide for the establishment of a qualified ABLE program in this state to enable the contribution of funds to tax-exempt accounts to pay for the qualified expenses of eligible individuals with disabilities; to provide a short title; to provide for legislative intent; to define certain terms; to provide for the creation of the Georgia ABLE Program Corporation; to provide for a board of directors and its membership, powers, duties, and administration; to provide for the establishment of the Georgia ABLE
1514
JOURNAL OF THE HOUSE
Program; to provide for participation agreements and ABLE accounts; to provide for the trust fund and the administration thereof; to provide for a comprehensive investment plan; to provide for effect of account deposits on eligibility for certain public assistance; to provide for annual reports; to provide for confidentiality and nondisclosure of certain records; 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 for tax treatment of withdrawals from ABLE accounts; to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to the definitions for purposes of the Georgia Administrative Procedure Act, so as to exclude the Georgia ABLE Program Corporation from the meaning of "agency"; 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 30 of the Official Code of Georgia Annotated, relating to disabled persons, is amended by adding a new chapter to read as follows:
"CHAPTER 9
30-9-1. This chapter shall be known and may be cited as the 'Georgia Achieving a Better Life Experience (ABLE) Act.'
30-9-2. (a) It is the intent of the legislature to authorize the establishment of a qualified ABLE program in this state to encourage and assist the saving of private funds in tax-exempt accounts in order to pay for the qualified disability expenses of eligible individuals with disabilities. (b) It is also the intent of the legislature that any qualified ABLE program established in this state be implemented in a manner that is consistent with federal law authorizing the program and that maximizes program efficiency and effectiveness.
30-9-3. As used in this chapter, the term:
(1) 'ABLE account' means an account established and owned by an eligible individual pursuant to this chapter. (2) 'Board' means the board of directors of the Georgia ABLE Program Corporation. (3) 'Corporation' means the Georgia ABLE Program Corporation created pursuant to Code Section 30-9-4. (4) 'Designated beneficiary' means the eligible individual who establishes an ABLE account or to whom an ABLE account is transferred.
TUESDAY, FEBRUARY 23, 2016
1515
(5) 'Eligible individual' means an eligible individual as defined in Section 529A of the Internal Revenue Code. (6) 'Georgia ABLE program' or 'program' means a qualified ABLE program established pursuant to this chapter. (7) 'Internal Revenue Code' has the meaning provided in Code Section 48-1-2. (8) 'Participation agreement' means the agreement between the board and an eligible individual participating in the Georgia ABLE Program Trust Fund or his or her fiduciary. (9) 'Qualified ABLE Program' means a program established pursuant to Section 529A of the Internal Revenue Code. (10) 'Qualified disability expense' means an expense as defined in Section 529A of the Internal Revenue Code. (11) 'Trust fund' means the Georgia ABLE Program Trust Fund.
30-9-4. (a)(1) There is created the Georgia ABLE Program Corporation, as a body corporate and politic and an instrumentality of the state, for purposes of establishing and administering the Georgia ABLE Program. The corporation shall be governed by a board of directors consisting of the commissioner of behavioral health and developmental disabilities; the commissioner of community health; the state auditor; the director of the Office of Planning and Budget; the state revenue commissioner; the state treasurer; and three directors who shall be appointed by and serve at the pleasure of the Governor, who shall include at least two persons who are persons with a disability, a family member of a person with a disability, or a disability advocacy professional. The board shall elect a chairperson from its membership. The state treasurer shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. (2) Members of the board who are state officials or employees shall receive no compensation for their service on the board but may be reimbursed for expenses incurred by them in the performance of their duties as members of the board. Any members of the board who are not state officials or employees shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 for each day such member is in attendance at a meeting of the board. Expense allowances and other costs authorized in this paragraph shall be paid from moneys in the trust fund.
(b) The board shall have the authority necessary or convenient to carry out the purposes and provisions of this chapter and the purposes and objectives of the trust fund, including, but not limited to, the authority to:
(1) Have a seal and alter the same at its pleasure; bring and defend actions; make, execute, and deliver contracts, conveyances, and other instruments necessary or convenient to the exercise of its powers; and make and amend bylaws; (2) Adopt such rules and regulations as are necessary to implement this chapter, subject to applicable federal laws and regulations;
1516
JOURNAL OF THE HOUSE
(3) Contract for necessary goods and services; employ necessary personnel; engage the services of consultants and other qualified persons and entities for administrative and technical assistance in carrying out its responsibilities under this chapter; and contract with state or federal departments or agencies, upon such terms, for such consideration, and for such purposes as it deems advisable; (4) Solicit and accept gifts, including bequests or other testamentary gifts made by will, trust, or other disposition grants, loans, and other funds or aid from any endowment or other public or private source or participate in any other way in any federal, state, or local governmental program in carrying out the purposes of this chapter; (5) Define the terms and conditions under which payments may be withdrawn or refunded from an ABLE account or the trust fund established under this chapter and impose reasonable charges for a withdrawal or refund; (6) Regulate the receipt of contributions or payments to the trust fund; (7) Require and collect fees and charges to cover the reasonable costs of administering ABLE accounts and impose a 10 percent penalty on the earnings portion included within a withdrawal of funds for nonqualified disability expenses or for entering into a participation agreement on a fraudulent basis; (8) Procure insurance against any loss in connection with the property, assets, and activities of the trust fund or the corporation; (9) Establish other policies, procedures, and criteria and perform such other acts as necessary or appropriate to implement and administer this chapter; and (10) Authorize the state treasurer to carry out any or all of the powers and duties enumerated in this chapter for efficient and effective administration of the program and trust fund. (c) The corporation is assigned to the Department of Administrative Services for administrative purposes only.
30-9-5. (a) The board shall be authorized to establish a Georgia ABLE Program under which a person may make contributions for a taxable year, for the benefit of an eligible individual, to an ABLE account established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the ABLE account. Any such program shall be administered by the corporation. Contributions and investment earnings on the contributions may be used for any qualified disability expenses of the designated beneficiary. Only one ABLE account may be established for any eligible individual. (b) In addition to or in lieu of establishing a Georgia ABLE Program pursuant to subsection (a) of this Code section, the corporation may:
(1) Enter into an agreement with another state which allows the residents of such state to participate under the Georgia ABLE Program;
TUESDAY, FEBRUARY 23, 2016
1517
(2) Enter into an agreement with one or more states or a consortium of states that has a qualified ABLE program to allow residents of this state to participate in the qualified ABLE program of such other state, states, or consortium; or (3) Facilitate or otherwise provide access to allow residents of this state to participate in qualified ABLE programs operated by other states. (c) If a Georgia ABLE Program is established pursuant to subsection (a) of this Code section, it shall continue in existence until terminated by law. If the state determines that the program is financially infeasible, the state may terminate the program. Upon termination, amounts in the trust fund held for each designated beneficiary shall be returned in accordance with the participation agreement. (d) The state pledges to the designated beneficiaries that the state will not limit or alter their rights under this Code section which are vested in the Georgia ABLE Program until the program's obligations are met and discharged. However, this subsection shall not preclude such limitation or alteration if adequate provision is made by law for the protection of the designated beneficiaries pursuant to the obligations of the corporation and does not preclude termination of the program pursuant to subsection (c) of this Code section.
30-9-6. If the board establishes a Georgia ABLE Program pursuant to Code Section 30-9-5, the board shall:
(1) Establish, implement, and maintain the program as a qualified ABLE program under Section 529A of the Internal Revenue Code; (2) Provide for the marketing of the program and develop and provide information to eligible individuals and their families necessary to establish and maintain an ABLE account; and (3) Make participation agreements and ABLE accounts available to eligible individuals.
30-9-7. (a) Each participation agreement entered into pursuant to this chapter shall include the following terms and conditions:
(1) The participation agreement shall not constitute a debt or obligation of the state; (2) Participation in the Georgia ABLE Program does not guarantee that sufficient funds will be available to cover all qualified disability expenses for any designated beneficiary and does not guarantee the receipt or continuation of any product or service for the designated beneficiary; (3) The establishment of an ABLE account in violation of federal law is prohibited; (4) Contributions in excess of the limitations set forth in Section 529A of the Internal Revenue Code are prohibited; (5) The state is a creditor of ABLE accounts as, and to the extent, set forth in Section 529A of the Internal Revenue Code; and
1518
JOURNAL OF THE HOUSE
(6) Material misrepresentations by a party to the participation agreement, other than the Georgia ABLE Program Corporation, in the application for the participation agreement or in any communication with the Georgia ABLE Program Corporation regarding the Georgia ABLE Program may result in the involuntary liquidation of the ABLE account. If an account is involuntarily liquidated, the designated beneficiary is entitled to a refund, subject to any fees or penalties provided by the participation agreement and the Internal Revenue Code. (b) A participation agreement entered into pursuant to this chapter may include terms and conditions specifying: (1) The requirements and applicable restrictions for opening an ABLE account; (2) The eligibility requirements for a party to the participation agreement and the rights of the party; (3) The requirements and applicable restrictions for making contributions to an ABLE account; (4) The requirements and applicable restrictions for directing the investment of the contributions or balance of the ABLE account; (5) The administrative fee and other fees and penalties applicable to an ABLE account; (6) The terms and conditions under which an ABLE account or a participation agreement may be modified, transferred, or terminated; and (7) Any other terms and conditions that the board deems necessary or appropriate, including without limitation those necessary to conform the participation agreement with the requirements of Section 529A of the Internal Revenue Code or other applicable federal laws. (c) A participation agreement may be amended throughout its term for purposes that include, but are not limited to, allowing a participant to increase or decrease the level of participation and to change designated beneficiaries and other matters authorized by this Code section and Section 529A of the Internal Revenue Code.
30-9-8. (a)(1) The board shall be authorized to create the Georgia ABLE Program Trust Fund. The trust fund shall be administered by the state treasurer. The state treasurer shall credit to the trust fund all amounts transferred to such fund. The trust fund shall consist of money remitted in accordance with participation agreements and shall receive and hold all payments, contributions, and deposits intended for it as well as gifts, bequests, endowments, grants and any other public or private source of funds, and all earnings on the fund until disbursed as provided under this Code section. The amounts on deposit in the trust fund shall not constitute property of the state. Amounts on deposit in the trust fund shall not be commingled with state funds, and the state shall have no claim to or interest in such funds other than the amount of reasonable fees and charges assessed to cover administration costs. Participation agreements or any other contract entered into by or on behalf of the trust fund shall not constitute a debt or obligation of the state, and no account contributor shall be
TUESDAY, FEBRUARY 23, 2016
1519
entitled to any amounts except for those amounts on deposit in or accrued to the account of such contributor. (2) The trust fund shall continue in existence so long as it holds any funds belonging to an account contributor or otherwise has any obligations to any person or entity until its existence is terminated by law and remaining assets on deposit in the trust fund are returned to designated beneficiaries or other eligible persons pursuant to the terms of the participation agreement or transferred to the state in accordance with unclaimed property laws. (b) The official location of the trust fund shall be the Office of the State Treasurer, and unless otherwise authorized by the board, the facilities of the Office of the State Treasurer shall be used and employed in the administration of the fund, including without limitation the keeping of records, the management of bank accounts and other investments, the transfer of funds, and the safekeeping of securities evidencing investments. These functions may be administered pursuant to a management agreement with a qualified entity or entities. (c) Payments received by the board on behalf of designated beneficiaries from account contributors, other payors, or any other source, public or private, shall be placed in the trust fund, and the board shall cause there to be maintained separate records and accounts for individual beneficiaries as may be required under Section 529A of the Internal Revenue Code or other applicable federal laws. (d) Account contributors shall only be permitted to contribute cash except as otherwise permitted under Section 529A of the Internal Revenue Code. The board shall establish appropriate safeguards against contributions to an ABLE account in excess of the limitations set forth in Section 529A of the Internal Revenue Code. (e) Earnings derived from investment of the contributions shall be considered to be held in trust in the same manner as contributions. Amounts on deposit in an ABLE account shall be available for administrative fees and expenses and penalties imposed by the board as delineated in the participation agreement. (f) The assets of the trust fund shall be preserved, invested, and expended solely pursuant to and for the purposes of this chapter and shall not be loaned or otherwise transferred or used by the state for any other purpose.
30-9-9. The trust fund and ABLE account property and income shall be subject to taxation by the state only as provided by paragraph (10.1) of subsection (b) of Code Section 48-727 and shall not be subject to taxation by any of the state's political subdivisions.
30-9-10. (a) The board shall have authority to establish a comprehensive investment plan for the purposes of this chapter and to invest any funds of the trust fund through the state treasurer. The state treasurer shall invest the trust fund moneys pursuant to an investment policy adopted by the board. Notwithstanding any state law to the contrary, the board, through the state treasurer, shall invest or cause to be invested amounts on
1520
JOURNAL OF THE HOUSE
deposit in the trust fund, including the program account, in a manner reasonable and appropriate to achieve the objectives of the corporation, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The board shall give due consideration to the risk of, expected rate of return of, term or maturity of, diversification of total investments of, liquidity of, and anticipated investments in and withdrawals from the trust fund. (b) The board may employ or contract with financial organizations, investment managers, evaluation services, or other such entities as determined by the board to be necessary for the effective and efficient investment, administration, and operation of the program. The board shall establish criteria for financial organizations, investment managers, evaluation services, or other such entities that act as contractors or consultants to the board. The board may contract, either directly or through such contractors or consultants, to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board, including without limitation providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control, and safekeeping. All contractors and consultants shall be selected by competitive solicitation, unless otherwise directed by the board. (c) All investments shall be marked clearly to indicate ownership by the corporation and, to the extent possible, shall be registered in the name of the corporation. (d) Subject to the terms, conditions, limitations, and restrictions set forth in this Code section, the board may sell, assign, transfer, and dispose of any of the securities and investments of the corporation if the sale, assignment, or transfer has the majority approval of the entire board. (e) Members and employees of the board shall be subject to the provisions of Chapter 10 of Title 45, relating to codes of ethics and conflicts of interest. (f) No account contributor or beneficiary shall directly or indirectly direct the investment of any account funds except as may be permitted under Section 529A of the Internal Revenue Code or other applicable federal laws. (g) The board may approve different investment plans and options to be offered to participants to the extent permitted under Section 529A of the Internal Revenue Code or other applicable federal laws and consistent with the objectives of this chapter, and the board may require the assistance of investment counseling before participation in different options.
30-9-11. Notwithstanding any other provision of state or local law or regulation that requires consideration of the financial circumstances of an applicant for local, state, or federal public assistance or a benefit provided under that law, the agency or entity making the determination of eligibility for such assistance or benefit may not consider the amount in the applicant's ABLE account or in an applicant's ABLE account established pursuant to an ABLE program in another state, including earnings on that amount, and any distribution for qualified disability expenses in determining the applicant's
TUESDAY, FEBRUARY 23, 2016
1521
eligibility to receive the amount of the assistance or benefit with respect to the period during which the individual maintains any such ABLE account.
30-9-12. (a) If the board creates the Georgia ABLE Program Trust Fund pursuant to Code Section 30-9-8, the board shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the Georgia Able Trust Fund at the close of each fiscal year. Such report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives. In addition, the board shall make the report available to account contributors and designated beneficiaries in the trust fund upon written request and may charge a reasonable fee for such report. The accounts of the trust fund shall be subject to annual audits by the state auditor or his or her designee. (b) Statements shall be provided to each designated beneficiary at least four times each year within 30 days after the end of the quarterly period to which a statement relates. The statement shall identify the contributions made during the preceding quarter, the total contributions made to the account through that quarter, the value of the account on the last day of that quarter, distributions made during that quarter, and any other information that the state treasurer requires to be reported to the designated beneficiary.
30-9-13. The Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, the Department of Human Services, the Georgia Vocational Rehabilitation Agency, and the Department of Education shall assist, cooperate, and coordinate with the corporation in the provision of public information and outreach for a board approved Qualified ABLE Program.
30-9-14. (a) Upon the death of a designated beneficiary of a Georgia ABLE Trust Fund account, the Department of Community Health and the Medicaid program for another state may file a claim with the Georgia ABLE Program for the total amount of medical assistance provided for the designated beneficiary under the Medicaid program after the date of the establishment of the ABLE account, less any premiums paid by or on behalf of the designated beneficiary to a Medicaid buy-in program. Funds in the ABLE account of the deceased designated beneficiary must first be distributed for qualified disability expenses followed by distributions for the Medicaid claim authorized under this subsection. Any remaining amount shall be distributed as provided in the participation agreement. (b) The corporation shall assist and cooperate with the Department of Community Health and Medicaid programs in other states upon the death of a designated beneficiary of the trust fund by coordinating through the Department of Community Health with the information needed to accomplish the purpose and objective of subsection (a) of this Code section.
1522
JOURNAL OF THE HOUSE
30-9-15. An ABLE account may not be assigned for the benefit of creditors, used as security or collateral for any loan, or otherwise subject to alienation, sale, transfer, assignment, pledge, encumbrance, or charge. Except as provided in Code Section 30-9-14, moneys paid into or out of an ABLE account, and the income and assets of such account, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any designated beneficiary or account contributor.
30-9-16. (a) The provisions of Article 4 of Chapter 18 of Title 50 notwithstanding, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
(1) Completed participation applications, executed participation agreements, and ABLE account numbers; (2) All wiring or automated clearing-house transfer of funds instructions regarding participation agreements; (3) ABLE account transactions, IP addresses used to initiate transactions, and analysis statements received or prepared by or for the corporation; (4) All bank routing and account numbers in the possession of the corporation and any record or document containing such numbers; (5) All proprietary computer software in the possession or under the control of the corporation; and (6) All security codes and procedures related to physical, electronic, or other access to any ABLE account or the trust fund, its systems, and its software. (b) For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, of the trust fund shall not constitute public records and shall not be open to inspection by the general public: (1) Investment trade tickets; and (2) Bank statements. (c) The restrictions of subsections (a) and (b) of this Code section shall not apply to access: (1) Required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the corporation is a party; (2) In prosecutions or other court actions to which the State of Georgia or the corporation is a party; (3) Given to federal or state regulatory or law enforcement agencies; (4) Given to any person or entity in connection with an ABLE account to which such person or entity is an account contributor or given to any person in connection with an ABLE account of which such person is a beneficiary; or (5) Given to the board or any member, employee, or contractor thereof for use and public disclosure in the ordinary performance of its duties pursuant to this chapter."
TUESDAY, FEBRUARY 23, 2016
1523
SECTION 2. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, is amended in subsection (b) by adding a new paragraph to read as follows:
"(10.1)(A) The amount of any qualified withdrawals from an ABLE account established pursuant to a Georgia ABLE program or any Qualified ABLE Program, as such programs are defined under Chapter 9 of Title 30, shall not be subject to state income tax under this chapter. (B) For withdrawals other than qualified withdrawals from such an ABLE account, the proportion of earnings in the account balance at the time of the withdrawal shall be applied to the total funds withdrawn to determine the earnings portion to be included in the designated beneficiary's taxable net income in the year of withdrawal."
SECTION 3. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions for purposes of the Georgia Administrative Procedure Act, is amended by revising paragraph (1) as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board; 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; the Georgia ABLE Program Corporation; 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
1524
JOURNAL OF THE HOUSE
(B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, 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 Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H
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 E 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 Y Gasaway
Gilligan Y Glanton Y Golick Y Gordon
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E 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. Y 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
TUESDAY, FEBRUARY 23, 2016
1525
Y Clark, V Y Coleman
Y Gravley Y Greene
Y McClain Y Meadows
Y Shaw Y Sims
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.
House of Representatives 18 Capitol Square, SW Coverdell Legislative Office Building, Suite 612 Atlanta, Georgia 30334
William Reilly Clerk of the House 316 State Capitol Atlanta, Georgia 30334
Dear Clerk Reilly,
On February 23, 2016 the vote box did not register my vote on House Bill 768, the ABLE bill. It was my intention to vote in the affirmative for this bill. Please update the House voting record to indicate my vote. Thank you in advance and please let me know if you have any questions.
Sincerely,
/s/ Sheri Gilligan House District 24
The following communication was received:
Georgia House of Representatives Sharon Beasley-Teague Representative
Coverdell Legislative Office Building Room 509
Atlanta, Georgia 30334
2-23-16
1526
JOURNAL OF THE HOUSE
I would have voted
HB 768 Yes
HB 944 Yes
HB 93
Yes
Thanks
/s/ Sharon Beasley-Teague
By unanimous consent, the following Resolution of the House was postponed until the next legislative day:
HR 1363. By Representatives Willard of the 51st, Oliver of the 82nd, Weldon of the 3rd, Bennett of the 80th, Stephenson of the 90th and others:
A RESOLUTION creating the House Special Study Committee on Judicial Qualifications Commission Reform; 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 923. By Representatives Quick of the 117th and Benton of the 31st:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide an exemption for fire districts which have elected governing bodies and are supported by ad valorem taxes; 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 exemptions from sales and use taxes, so as to provide an exemption for fire districts which have elected governing bodies and are supported by ad valorem taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
TUESDAY, FEBRUARY 23, 2016
1527
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 (1) as follows:
"(1) Sales to the United States government, this state, any county or municipality of this state, fire districts which have elected governing bodies and are supported, in whole or in part, by ad valorem taxes, or any bona fide department of such governments when paid for directly to the seller by warrant on appropriated government funds;".
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson E Carter, A Y Carter, D E Casas Y Chandler Y Cheokas
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson
Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye
Gardner Y Gasaway Y Gilligan Y Glanton
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
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. Y 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
1528
JOURNAL OF THE HOUSE
Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Golick Y Gordon Y Gravley Y Greene
E Mayo Y McCall Y McClain Y Meadows
E Setzler Y Sharper Y Shaw Y Sims
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Brockway of the 102nd moved that the following Resolution of the House be withdrawn from the Committee on Ways & Means and recommitted to the Committee on Transportation:
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.
The motion prevailed.
Representative Rogers of the 29th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1072 Do Pass
Respectfully submitted, /s/ Rogers of the 29th
Chairman
Representative Powell of the 171st District, Chairman of the Committee on Ways and Means, submitted the following report:
TUESDAY, FEBRUARY 23, 2016
1529
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 991 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
Representative Burns of the 159th 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.
1530
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Wednesday, February 24, 2016
Twenty-Seventh Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell Carson Carter, A Carter, D Casas Chandler Cheokas Clark, D Clark, H
Clark, V Coleman Cooke Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick
Gordon Gravley Greene Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb E Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, S E Jordan Kaiser Kelley Kendrick Kidd LaRiccia Lott E Lumsden Mabra Marin Martin Maxwell Mayo
McCall McClain Meadows Metze Mitchell Morris Nimmer Nix Pak E Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger E Rakestraw Ramsey Reeves Rhodes Rice Rogers, C Rutledge Rynders Scott E Setzler Sharper
Shaw Sims Smith, E E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall E Stover Strickland Tankersley Tanner Tarvin Taylor, D E Taylor, T Teasley Thomas, A.M. Thomas, E E Trammell Turner Waites Watson Welch Werkheiser Wilkerson Willard Williams, A 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, Jones of the 62nd, Kirby of the 114th, Knight of the 130th, Oliver of the 82nd, Smyre of the 135th, Wilkinson of the 52nd, and Williams of the 119th.
WEDNESDAY, FEBRUARY 24, 2016
1531
They wished to be recorded as present.
Prayer was offered by Pastor Lindsey Phillip Napier, Sr., Warner Robins CME Church, Warner Robins, 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 401 Atlanta, Georgia 30334
Subject: Legislative Day 26
To:
Clerk's Office
Yea on HB 1030
Yea on HB 804
Yea on HB 851
Yea on HB 856
Nay on HB 944
Yea on HB 970
Yea on HB 975
Yea on HB 93
Yea on HB 792
1532
JOURNAL OF THE HOUSE
Yea on HB 827 Nay on HB 900 Nay on HB 941 Yea on HR 1312 Yea on HR 1363 Yea on HB 768 Yea on HB 923 State Representative District 30 /s/ Emory Dunahoo, Jr.
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 1078. By Representatives Kaiser of the 59th, Smith of the 41st, Stephens of the
165th and Waites of the 60th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to raise the age of mandatory education from 16 to 17; to revise provisions relating to adult literacy for
WEDNESDAY, FEBRUARY 24, 2016
1533
purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 1079. By Representative Kaiser of the 59th:
A BILL to be entitled an Act to amend Part 2 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for motorcycles relative to uniform rules of the road, so as to provide that motorcycles may overtake and pass in the same lane occupied by the vehicle being overtaken under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1080. By Representative Ramsey of the 72nd:
A BILL to be entitled an Act to authorize the Magistrate Court of Fayette 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1081. By Representative Williamson of the 115th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Jersey, approved March 22, 1990 (Ga. L. 1990, p. 4484), so as to change the terms of the members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1082. By Representative Greene of the 151st:
A BILL to be entitled an Act to provide a new charter for the City of Blakely; 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.
1534
JOURNAL OF THE HOUSE
HB 1083. By Representatives Houston of the 170th, Pirkle of the 155th and Watson of the 172nd:
A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), so as to change the office of the solicitor of the state court to a full-time position; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1088. By Representatives Clark of the 98th, Willard of the 51st, Holcomb of the 81st, Yates of the 73rd, Glanton of the 75th and others:
A BILL to be entitled an Act to amend Code Section 31-2A-18 of the Official Code of Georgia Annotated, relating to establishment of the Low THC oil patient registry, definitions, purpose, registration cards, quarterly reports, and waiver forms, so as to add post traumatic stress disorder to the conditions authorized for the use of low THC oil; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1089. By Representatives Beverly of the 143rd and Randall of the 142nd:
A BILL to be entitled an Act to amend an Act to provide for the restructuring of the governments of the City of Macon, the City of Payne City, and Bibb County, approved April 20, 2012 (Ga. L. 2012, p. 5595), as amended, particularly by an Act approved April 30, 2013 (Ga. L. 2013, p. 3942), so as to change the boundaries of the commissioner districts; to provide for the continuation in office of the current members of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1090. By Representatives Dawkins-Haigler of the 91st, Beasley-Teague of the 65th, Stephenson of the 90th, Kendrick of the 93rd and Dickerson of the 113th:
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 in the "Quality Basic Education Act," so as to provide that the State Board of Education shall incorporate into rape prevention and personal safety education programs a program for preventing teen dating
WEDNESDAY, FEBRUARY 24, 2016
1535
violence, the Love Is Not Abuse Curriculum; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 1091. By Representative Weldon of the 3rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide for a moratorium on the issuance of new licenses to narcotic treatment programs; to create the State Commission on Narcotic Treatment Programs; to provide legislative findings and intent; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the acceptance of applications and issuing of licenses for narcotic treatment programs for a certain period; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1092. By Representative Rogers of the 10th:
A BILL to be entitled an Act to repeal an Act creating the Habersham County Airport Authority, approved April 20, 2011 (Ga. L. 2011, p. 3684); to provide for the assets and encumbrances thereof; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1486. By Representatives Stovall of the 74th, Kaiser of the 59th, Thomas of the 56th, McClain of the 100th, Bruce of the 61st and others:
A RESOLUTION recognizing Mr. Lovett Stovall and dedicating a bridge in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1487. By Representatives Bentley of the 139th, Cheokas of the 138th, Deffenbaugh of the 1st and McClain of the 100th:
1536
JOURNAL OF THE HOUSE
A RESOLUTION honoring the life of Mr. Walter M. Mathews, Jr., and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1507. By Representatives Stephens of the 164th, Williams of the 168th, Dollar of the 45th, Jones of the 167th, Wilkinson of the 52nd and others:
A RESOLUTION creating the Joint Study Committee on Standardizing the Start Date of Georgia Public Schools; and for other purposes.
Referred to the Committee on Special Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1066 HB 1068 HB 1070 HB 1073 HB 1075 HB 1077 HB 1085 HB 1087 HR 1458 HR 1460 HR 1462 SB 275 SB 337 SB 380
HB 1067 HB 1069 HB 1071 HB 1074 HB 1076 HB 1084 HB 1086 HR 1457 HR 1459 HR 1461 SB 271 SB 316 SB 348
Representative England of the 116th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1084 Do Pass HB 1085 Do Pass
WEDNESDAY, FEBRUARY 24, 2016
1537
Respectfully submitted, /s/ England of the 116th
Chairman
Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 926 Do Pass, by Substitute HB 1037 Do Pass HB 1058 Do Pass, by Substitute
HB 954 Do Pass, by Substitute HB 1043 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 Intra-Governmental Coordination has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1053 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:
1538
JOURNAL OF THE HOUSE
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 229 Do Pass, by Substitute HB 725 Do Pass, by Substitute
HB 713 Do Pass, by Substitute HB 1073 Do Pass
Respectfully submitted, /s/ Weldon of the 3rd
Chairman
Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety and Homeland Security has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 976 Do Pass, by Substitute HB 1060 Do Pass, by Substitute HB 1064 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 32nd
Chairman
Representative Maxwell of the 17th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 498 Do Pass, by Substitute HB 727 Do Pass, by Substitute
HB 654 Do Pass, by Substitute HB 889 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
WEDNESDAY, FEBRUARY 24, 2016
1539
Representative Coomer of the 14th 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 973 Do Pass, by Substitute
Respectfully submitted, /s/ Coomer of the 14th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 24, 2016
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
Modified Open Rule
HB 381
HB 614 HR 502
Revised Georgia Law on Notarial Acts of 2015; enact (Substitute)(JudyWelch-110th) Landon Dunson Act; enact (Substitute)(Ed-Stovall-74th) General Assembly; provide for dedication of revenues derived from fees or other assessments to the public purpose for which such fees or other assessments were imposed; authorize - CA (Substitute)(W&M-Welch110th)
Modified Structured Rule
HB 166 HB 773
Motorcycle Mobility Safety Act; enact (Substitute)(PS&HS-Yates-73rd) Georgia Housing and Finance Authority; outstanding bond limit; increase (Substitute)(App-Houston-170th)
1540
JOURNAL OF THE HOUSE
HB 806 HB 838
HB 874 HB 916
HB 948
HB 949 HB 980
Drivers' licenses; expiration of certain licenses and identification cards; provisions (Substitute)(MotV-Tanner-9th) Insurance; carriers that sell certain health plans through an agent shall compensate such agent a minimum of 5 percent of collected premiums; provide (Substitute)(Ins-Blackmon-146th) Courts; ability to prosecute street gang terrorism; improve (Substitute)(JudyNC-Reeves-34th) "The Pharmacy Audit Bill of Rights"; certain audits conducted by the Department of Community Health; remove exception; provisions (H&HSHightower-68th) Penal institutions; application fee paid to the State Board of Pardons and Paroles by nonindigent adult offenders applying to transfer supervision; revise (JudyNC-Powell-32nd) Crimes and offenses; illegal use of financial transaction cards; revise provisions (Substitute)(JudyNC-Powell-32nd) Municipal elections; reopening of qualifications under certain conditions; provide (Substitute)(GAff-Powell-32nd)
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 323. By Senators Dugan of the 30th, Jackson of the 24th, Miller of the 49th, Martin of the 9th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide for public disclosure not to be required for any documents pertaining to an economic development project by any agency; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 24, 2016
1541
SB 356. By Senators Williams of the 27th, Stone of the 23rd, Unterman of the 45th and Cowsert of the 46th:
A BILL to be entitled an Act to amend Title 4 of the O.C.G.A., relating to animals, so as to provide a definition of the term "owner"; to provide for impoundment of animals for any violation of Article 1 of Chapter 11 of said title; to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide for the foreclosure of liens on animals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 358. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3832), so as to provide for an oath of office and its administration; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 359. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to terminate the employment of appointed officers upon such persons qualifying to seek public office; to provide for the termination of employees upon qualifying to seek public office in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 360. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to prohibit the mayor and councilmembers from holding any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected; to prohibit any former mayor or former councilmember from holding any appointive office in the city or being employed by the city until one year after the expiration of the term for which that official was elected; to provide for related matters; to repeal conflicting laws; and for other purposes.
1542
JOURNAL OF THE HOUSE
SB 361. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for a city manager; to provide for manner of selection, appointment, qualifications, compensation, and removal; to provide for an acting city manager; to provide for powers and duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 362. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 377. By Senators Jeffares of the 17th and VanNess 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; to provide for related matters; to provide for an effective date and for severability; to repeal conflicting laws; and for other purposes.
SB 390. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for the override of a mayoral veto under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 954. By Senators Jeffares of the 17th, Jones of the 25th, Kennedy of the 18th, Kirk of the 13th, Bethel of the 54th and others:
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 Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion,
WEDNESDAY, FEBRUARY 24, 2016
1543
Murray, Paulding, Sumter, Ware, and Whitfield; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SR 955. By Senators Jeffares of the 17th, VanNess of the 43rd, Jones of the 25th, Kennedy of the 18th and Hill of the 6th:
A RESOLUTION authorizing the conveyance and lease of various state owned real properties; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 940. By Representatives Gilligan of the 24th, Dudgeon of the 25th, Duncan of the 26th, Cantrell of the 22nd and Tanner of the 9th:
A BILL to be entitled an Act to amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County May 19, 2011 (Ga. L. 2012, p. 5687), so as to exempt the position of IT/special projects administrator of the office of the Clerk of Superior Court of Forsyth County from the application of the Forsyth County civil service system; to provide for related matters; 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 323. By Senators Dugan of the 30th, Jackson of the 24th, Miller of the 49th, Martin of the 9th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide for public disclosure not to be required for any documents pertaining to an economic development project by any agency; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 356. By Senators Williams of the 27th, Stone of the 23rd, Unterman of the 45th and Cowsert of the 46th:
1544
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Title 4 of the O.C.G.A., relating to animals, so as to provide a definition of the term "owner"; to provide for impoundment of animals for any violation of Article 1 of Chapter 11 of said title; to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide for the foreclosure of liens on animals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 358. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3832), so as to provide for an oath of office and its administration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 359. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to terminate the employment of appointed officers upon such persons qualifying to seek public office; to provide for the termination of employees upon qualifying to seek public office in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 360. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to prohibit the mayor and councilmembers from holding any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected; to prohibit any former mayor or former councilmember from holding any appointive office in the city or being employed by the city until one year after the expiration of the term for which that official was elected; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 24, 2016
1545
Referred to the Committee on Intragovernmental Coordination - Local.
SB 361. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for a city manager; to provide for manner of selection, appointment, qualifications, compensation, and removal; to provide for an acting city manager; to provide for powers and duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 362. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 377. By Senators Jeffares of the 17th and VanNess 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; to provide for related matters; to provide for an effective date and for severability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 390. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for the override of a mayoral veto under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
1546
JOURNAL OF THE HOUSE
SR 954. By Senators Jeffares of the 17th, Jones of the 25th, Kennedy of the 18th, Kirk of the 13th, Bethel of the 54th and others:
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 Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
SR 955. By Senators Jeffares of the 17th, VanNess of the 43rd, Jones of the 25th, Kennedy of the 18th and Hill of the 6th:
A RESOLUTION authorizing the conveyance and lease of various state owned real properties; to provide 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 Williams of the 168th et al., Willard of the 51st, Williamson of the 115th et al., and Harden of the 148th.
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 980. By Representatives Powell of the 32nd, Rynders of the 152nd, Clark of the 147th, Brockway of the 102nd and Spencer of the 180th:
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 in municipal elections under certain conditions; 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:
WEDNESDAY, FEBRUARY 24, 2016
1547
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 revise the qualifying times for municipal elections; to provide for the reopening of qualifications in municipal elections under certain conditions; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended in Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; and military service, by revising paragraph (3) of subsection (c) as follows:
"(3)(A) Each candidate for a nonpartisan municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's nonpartisan qualifying period. Each municipal superintendent shall designate the days of such qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Nonpartisan qualifying periods shall commence no earlier than 8:30 A.M. on the last third Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal nonpartisan qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and. (B) In any case in which no individual has filed a notice of candidacy and paid the prescribed qualifying fee to fill a particular office in a nonpartisan municipal election, the governing authority of the municipality shall be authorized to reopen qualifying for candidates at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and cease such qualifying at 5:00 P.M. on the Tuesday immediately following such Monday notwithstanding the fact that such days may be legal holidays; and"
SECTION 2. Said chapter is further amended by revising paragraph (3) of subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; and military service, as follows:
"(3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during
1548
JOURNAL OF THE HOUSE
the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last third Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and".
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson
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
Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier
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 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 Lott
Y Metze Mitchell
Y Morris Mosby
Y Nimmer Y Nix Y Oliver Y Pak E Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J
Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R
Stephenson Y Stovall E 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
Weldon Y Werkheiser
WEDNESDAY, FEBRUARY 24, 2016
1549
Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
E Lumsden Y Mabra
Marin Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Welch of the 110th moved that the following Resolution of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
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:
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.
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 916. By Representatives Hightower of the 68th, Welch of the 110th, McCall of the 33rd, Knight of the 130th, Petrea of the 166th and others:
A BILL to be entitled an Act to amend Code Section 26-4-118 of the O.C.G.A., relating to "The Pharmacy Audit Bill of Rights;" so as to remove an exception relating to certain audits conducted by the Department of Community Health; to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., relating to medical assistance generally, so as to provide that clerical or other errors do not constitute a basis to recoup payments made by providers of medical assistance; to provide for a correction period; 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 clerical or other errors do
1550
JOURNAL OF THE HOUSE
not constitute a basis to recoup payments made by providers of medical assistance; to provide for a correction period; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y Pak E Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 Stovall E Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Taylor, D E 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 24, 2016
1551
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.
The following Committee substitute was read:
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 repeal Chapter 17, relating to notaries public, and enact the "Revised Georgia Law on Notarial Acts of 2017"; to provide for definitions; to provide for applicability; to provide for the authority to perform a notarial act; to provide for requirements for certain notarial acts; to provide appearances and identification of individuals seeking notarization; to provide for refusal to notarize; to provide for signatures when a person is physically unable to sign a record; to provide for notarial acts performed in this state, in other states, and under authority of federally recognized Indian tribes and federal authority; to provide for foreign notarial acts; to provide for certificate of notarial act; to provide for forms; to provide for the power to commission a notary public; to provide for qualifications, examination, and commission for a notary public; to provide for the contents of an official seal; to provide for a journal; to provide for electronic records; to provide for an examination and course of study; to provide for denial, revocation, and suspension of a notary public's commission; to provide for a data base of notaries public; to provide for prohibited acts; to provide for fees; to provide for change of residence, address, or name of a notary public; to provide for validity of notarial acts; to provide for rules or regulations; to provide for application, construction, savings clause, interaction with federal law, and penalties; 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 cross-references; to provide for a short title; 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. This Act shall be known and may be cited as the "Revised Georgia Law on Notarial Acts of 2017."
1552
JOURNAL OF THE HOUSE
SECTION 2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by repealing in its entirety Chapter 17, relating to notaries public, and enacting a new Chapter 17 to read as follows:
"CHAPTER 17
45-17-1. As used in this chapter, the term:
(1) 'Acknowledgment' means a declaration by an individual that the individual has signed for the purpose stated in the record and, if signed in a representative capacity, that the individual signed with proper authority and as the act of the individual or entity identified. (2) 'Attesting' or 'attestation' means bearing witness to a signature or execution of a record. (3) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (4) 'Electronic signature' means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign. (5) 'In a representative capacity' means acting as:
(A) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual; (B) A public officer, personal representative, guardian, or other representative in the capacity stated; (C) An agent or attorney-in-fact for a principal; or (D) An authorized representative of another in any other capacity. (6) 'Notarial act' means, pertaining to a record: (A) Attesting a signature; (B) Taking an acknowledgment; (C) Administering an oath or affirmation which is not required by law to be administered by a particular officer; (D) Taking a verification on oath or affirmation; (E) Certifying or attesting a copy as authorized; or (F) Noting a protest of a negotiable instrument. (7) 'Notarial officer' means a notary public or other individual authorized by law to perform a notarial act. (8) 'Person' means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (9) 'Public record' means any document, whether in a tangible or electronic format, on file with a government entity and open to public inspection.
WEDNESDAY, FEBRUARY 24, 2016
1553
(10) 'Record' means information that is inscribed or that is stored and is retrievable in perceivable form. (11) '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 an electronic symbol, sound, or process. (12) 'Signature' means a tangible symbol or an electronic signature that evidences signing. (13) 'Verification on oath or affirmation' means a declaration, made by an individual on oath or affirmation, that a statement in a record is true.
45-17-2. This chapter shall apply to a notarial act performed on or after July 1, 2017.
45-17-3. (a) A notarial officer shall not perform a notarial act when such officer or his or her spouse is a party to the record being notarized or in which either such officer or his or her spouse expressly receives or could receive anything of value. A notarial act performed in violation of this subsection shall be void ab initio. (b) A notarial officer shall have authority to:
(1) Perform a notarial act; (2) Witness affidavits upon oath or affirmation; (3) Make certified copies, provided that the document presented for copying is an original document and is neither a public record nor a publicly recorded document; and (4) Perform such other acts as authorized by other laws of this state.
45-17-4. (a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is that of the individual. (b) A notarial officer who takes a verification on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification on oath or affirmation has the identity claimed and that the signature is that of the individual. (c) A notarial officer who attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed. (d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item. (e) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in subsection (b) of Code Section 11-3-505.
1554
JOURNAL OF THE HOUSE
45-17-5. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.
45-17-6. (a) A notarial officer shall be deemed to have personal knowledge of the identity of an individual appearing before such officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (b) A notarial officer shall be deemed to have satisfactory evidence of the identity of an individual appearing before such officer if the officer can identify the individual by means of inspecting:
(1) A current passport, driver's license, or other government issued identification card; or (2) Another form of government identification issued to an individual that is current, contains the signature and photograph of the individual, and is satisfactory to the officer. (c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
45-17-7. (a) A notarial officer may refuse to perform a notarial act if the officer knows or suspects the transaction is illegal, false, or deceptive or such officer is not satisfied that:
(1) The individual executing the record is competent; (2) The individual executing the record has the capacity to execute the record; or (3) The individual's signature is knowingly and voluntarily made. (b) A notarial officer may refuse to perform a notarial act.
45-17-8. If an individual is physically unable to sign, the individual may direct an individual other than the notarial officer to sign the individual's name so long as all parties appear personally before the notarial officer. The notarial officer shall insert 'Signature affixed by (name of other individual) at the direction of (name of individual)' or words of similar import.
45-17-9. (a) A notarial act may be performed in any county in this state by:
(1) A notary public of this state; or (2) Any other individual authorized by the laws of this state to perform the notarial act.
WEDNESDAY, FEBRUARY 24, 2016
1555
(b) The signature and title of an individual performing a notarial act in this state shall be prima-facie evidence that his or her signature is genuine and that the individual holds the designated title. (c) The signature and title of an individual described in subsection (a) of this Code section shall be prima-facie evidence of the authority of such individual to perform the notarial act.
45-17-10. (a) As used in this Code section, the term 'another state' means a state of the United States other than Georgia, 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. (b) A notarial act performed in another state shall have the same effect under the laws of this state as though performed by a notarial officer of this state if the laws of another state are substantially similar to the laws of this state and the act performed in another state is performed by:
(1) A notary public of another state; or (2) Any other individual authorized by the law of another state to perform a notarial act. (c) The signature and title of an individual performing a notarial act in another state shall be prima-facie evidence that his or her signature is genuine and that the individual holds the designated title. (d) The signature and title of an individual described in subsection (b) of this Code section shall be prima-facie evidence of the authority of such individual to perform the notarial act.
45-17-11. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe shall have the same effect under the laws of this state as though performed by a notarial officer of this state if the laws of the federally recognized Indian tribe are substantially similar to the laws of this state and the act performed in the jurisdiction of the tribe is performed by:
(1) A notary public of the tribe; or (2) Any other individual authorized by the law of the tribe to perform a notarial act. (b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe shall be prima-facie evidence that his or her signature is genuine and that the individual holds the designated title. (c) The signature and title of an individual described in subsection (a) of this Code section shall be prima-facie evidence of the authority of such individual to perform the notarial act.
1556
JOURNAL OF THE HOUSE
45-17-12. (a) A notarial act performed under federal law shall have the same effect under the laws of this state as though performed by a notarial officer of this state if the act performed under federal law is performed by:
(1) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law; (2) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or (3) Any other individual authorized by federal law to perform a notarial act. (b) The signature and title of an individual performing a notarial act under federal authority shall be prima-facie evidence that his or her signature is genuine and that the individual holds the designated title. (c) The signature and title of an individual described in subsection (a) of this Code section shall be prima-facie evidence of the authority of such individual to perform the notarial act.
45-17-13. (a) As used in this Code section, the term 'foreign state' means a government other than the United States, a federally recognized Indian tribe, this state, or another state as such term is defined in Code Section 45-17-10. Such term shall not mean the government of Iran, Sudan, or Syria. (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of a foreign state or is performed under the authority of a multinational or international governmental organization, such act shall have the same effect under the laws of this state as though performed by a notarial officer of this state. (c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for such information, the authority of an officer with that title to perform notarial acts shall be prima-facie evidence of his or her title and authority to perform notarial acts in a foreign state. (d) The signature and official seal of an individual holding an office described in subsection (c) of this Code section shall be prima-facie evidence that his or her signature is genuine and the individual holds the designated title. (e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention shall conclusively establish that the signature of the notarial officer is genuine and that the officer holds the indicated office. (f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record on which the notarial act is performed shall conclusively establish that his or her signature is genuine and that the officer holds the indicated office.
WEDNESDAY, FEBRUARY 24, 2016
1557
45-17-14. (a) A notarial act shall be evidenced by a certificate. The certificate shall:
(1) Be executed contemporaneously with the performance of a notarial act; (2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as is on file with the clerk of superior court who issued the notary public's commission; (3) Identify the jurisdiction in which the notarial act is performed; (4) Contain the title of office of the notarial officer; and (5) If the notarial officer is a notary public, indicate the date of expiration of the notary public's commission and identify the notarial act performed. (b) If a notarial act regarding a tangible record is performed by a notary public, the notary public's official seal shall be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in paragraphs (2) through (4) of subsection (a) of this Code section, the notarial officer's official seal may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in paragraphs (2) through (4) of subsection (a) of this Code section, the notarial officer's official seal may be attached to or logically associated with the certificate. (c) A certificate of a notarial act shall be sufficient if it meets the requirements of subsections (a) and (b) of this Code section and: (1) Is in a short form set forth in Code Section 45-17-15; (2) Is in a form otherwise permitted by the laws of this state; (3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or (4) Sets forth the actions of the notarial officer and his or her actions are sufficient to meet the requirements provided in Code Sections 45-17-3 through 45-17-6. (d) By executing a certificate of a notarial act, a notarial officer certifies that he or she has complied with the requirements and made the determinations specified in Code Sections 45-17-3 through 45-17-6. (e) A notarial officer shall not affix his or her signature to, or logically associate it with, a certificate until the notarial act has been performed. (f) If a notarial act is performed regarding a tangible record, a certificate shall be made a part of, or securely attached to, such record. If a notarial act is performed regarding an electronic record, a certificate shall be affixed to, or logically associated with, the electronic record and shall conform to any rules or regulations established pursuant to Code Section 45-17-30. (g) The signature of a notarial officer certifying a notarial act shall not be evidence to show that such notarial officer had knowledge of the contents of the record so signed, other than those specific contents which constitute the signature, execution, acknowledgment, oath, affirmation, affidavit, verification, or other act which the signature of that notarial officer chronicles, nor shall a certification by a notarial officer
1558
JOURNAL OF THE HOUSE
that a record is a certified or true copy of an original document be evidence to show that such notarial officer had knowledge of the contents of the record so certified.
45-17-15. The following short form certificates of notarial acts shall be sufficient for the purposes indicated, if completed with the information required by subsections (a) and (b) of Code Section 45-17-14:
(1) For an acknowledgment in an individual capacity: State of ________________________________________ County of ______________________________________
This record was acknowledged before me on (date) by (name(s) of individual(s)).
___________________________________ Signature of notarial officer
Seal
___________________________________ Title of office
My commission expires: _______________ (2) For an acknowledgment in a representative capacity:
State of _________________________________________ County of _______________________________________
This record was acknowledged before me on (date) by (name(s) of individual(s)) as (title) of (name of party on behalf of whom record was executed) .
___________________________________ Signature of notarial officer
Seal
___________________________________ Title of office
My commission expires: _______________ (3) For a verification on oath or affirmation:
State of _________________________________________ County of ______________________________________
WEDNESDAY, FEBRUARY 24, 2016
1559
Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s) making statement).
___________________________________ Signature of notarial officer
Seal
___________________________________ Title of office
My commission expires: _______________ (4) For witnessing or attesting a signature:
State of ________________________________________ County of ______________________________________
Signed or attested before me on (date) by
(name(s) of individual(s)) .
___________________________________ Signature of notarial officer
Seal
___________________________________ Title of office
My commission expires: _______________ (5) For certifying a copy of a record:
State of ________________________________________ County of ______________________________________ I certify that this is a true and correct copy of a record in the possession of _______________________________________________________. Dated ____________________________________________________
___________________________________ Signature of notarial officer
Seal
___________________________________ Title of office
My commission expires: _______________
1560
JOURNAL OF THE HOUSE
45-17-16. The clerks of the superior court shall have the power to issue a commission to a notary public.
45-17-17. (a) An applicant for a commission as a notary public shall:
(1) Be at least 18 years old; (2) Be a citizen of the United States; (3) Except as provided in subsection (c) of this Code section, be a legal resident of the county from which such individual is appointed; (4) Have, and provide at the time of the application, the applicant's operating telephone number; (5) Be able to read and write the English language; (6) Have passed the examination required by Code Section 45-17-22; (7) Submit at least one set of classifiable electronically recorded fingerprints to the sheriff of the county where the applicant resides. Such sheriff shall submit such 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, and return such report to the clerk of superior court. The sheriff shall collect the applicable fee charged by the Georgia Crime Information Center; and (8) Not have been convicted of any felony or of any crime involving fraud, dishonesty, or deceit in the courts of this state or another state. As used in this paragraph, the term 'another state' shall have the same meaning as set forth in Code Section 45-17-10; the term 'felony' shall mean any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and the term 'conviction' shall mean a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. (b) An individual qualified under subsection (a) of this Code section may apply to the clerk of superior court for a commission as a notary public. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the clerk of superior court shall determine whether the applicant may be commissioned or a renewal shall be issued. The clerk of superior court shall shred such report within five days of completing his or her review of such report. The applicant shall comply with and provide the information required by rules or regulations established pursuant to Code Section 45-17-30 and pay the application fee set forth in Code Section 15-6-77 or 15-6-77.3, as applicable. (c)(1) Any individual who is a resident of Alabama, Florida, North Carolina, South Carolina, or Tennessee may be commissioned as a notary public by the clerk of the superior court of the county in which the individual carries on such business, profession, or employment so long as he or she meets all of the requirements of this subsection and he or she:
(A) Carries on a business or profession in the State of Georgia; or
WEDNESDAY, FEBRUARY 24, 2016
1561
(B) Is regularly employed in this state.
(2) The nonresident applicant described in paragraph (1) of this subsection shall
submit the application, endorsements, and declaration of applicant required by
subsection (f) of this Code section to the clerk of superior court in the county in which
such individual carries on his or her business, profession, or employment. The clerk
of superior court shall approve or deny such application based on the provisions of
this Code section. Upon approval and payment of the fee set forth in Code Section
15-6-77 or 15-6-77.3, as applicable, the applicant shall be commissioned as a notary
public of this state and shall be authorized to perform all of the duties and exercise all
of the powers and authorities relating to notaries public who are residents of this state.
(d) Any individual desiring to be a notary public shall submit an application to the
clerk of superior court of the county in which the individual resides or, when applying
under the provisions of subsection (c) of this Code section, to the clerk of superior court
of the county in which the individual carries on a business, profession, or employment.
Except for applicants applying under the provisions of subsection (c) of this Code
section, the applicant shall submit proof to the clerk of superior court that he or she
resides in the county in which he or she is applying. Such proof shall consist of one of
the following:
(1) An unexpired Georgia driver's license;
(2) An unexpired United States passport;
(3) An unexpired voter identification card; or
(4) Such other unexpired identification issued by a local or state government or by
the United States government.
(e) The applicant shall sign and swear or affirm as outlined in subsection (g) of this
Code section to the truthfulness of the application which shall state:
(1) That the applicant resides or carries on a business, profession, or employment in
the county of application and the address of the residence or business. The applicant
shall use his or her residential address for purposes of the application and shall only
use a business address for the application if the applicant is applying pursuant to the
provisions of subsection (c) of this Code section;
(2) That the applicant is at least 18 years old;
(3) That the applicant is a citizen of the United States;
(4) That the applicant can read and write the English language;
(5) That the applicant has an operating telephone number; and
(6) All denials, revocations, suspensions, restrictions, or resignations of a notary
public commission held by the applicant.
(f) A declaration of an applicant shall be signed in the presence of a notarial officer.
The declaration shall be in the following form:
'I,
(name of applicant)
, do solemnly swear or affirm under penalty of
perjury that the personal information I have written in this application is true,
complete, and correct.
____________________________________
1562
JOURNAL OF THE HOUSE
(Signature of applicant)
State of _____________________________ County of ___________________________
On this day of _______________________, before me appeared_________________, the person who signed the preceding declaration in my presence and who swore or affirmed that (he/she) understood the document and freely declared it to be truthful.
____________________________________ (Signature of the notarial officer)
____________________________________'
(Seal of the notarial officer)
(g) Before issuance of a commission as a notary public, an applicant for the
commission shall take and subscribe before the clerk of the superior court the following
oath, which shall be entered on the superior court minutes:
'I,
(name of applicant)
, do solemnly swear or affirm that I will well and
truly perform the duties of a notary public to the best of my ability; and I further
swear or affirm that I am not the holder of any public money belonging to this state
and unaccounted for, so help me God.'
(h) Upon compliance with this Code section, the clerk of superior court shall issue a
commission as a notary public to an applicant for a term of four years.
(i) A commission to act as a notary public shall authorize the notary public to perform
notarial acts. A commission shall not provide the notary public with any immunity or
benefit conferred by the laws of this state on public officials or employees.
45-17-18. (a) A notary public's official seal may be circular but shall not be more than two inches in diameter or may be rectangular but shall not be more than one inch in width by two and one-half inches in length. The official seal of a notary public shall:
(1) Have for its impression the notary public's name as commissioned, the words 'Notary Public,' the words 'State of Georgia,' the county name of appointment, the commission expiration date, and the unique number assigned to the notary public and issued by the clerk of superior court or his or her designee; (2) Be photographically reproducible with the record to which it is affixed or attached or with which it is logically associated, and the impression shall be made in a manner that ensures a clear, legible, and sufficiently dark image when photocopied or scanned; (3) Not contain any words, numbers, or symbols other than those referenced in paragraph (1) of this subsection; and (4) Be surrounded by a border except as otherwise permitted by the rules or regulations of the Georgia Superior Court Clerks' Cooperative Authority.
WEDNESDAY, FEBRUARY 24, 2016
1563
(b) A notary public shall be responsible for the security of his or her official seal and shall not allow another individual to use his or her official seal to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the official seal, if any, the notary public shall disable the official seal by destroying, defacing, damaging, erasing, or securing it in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, his or her personal representative or guardian or any other person knowingly in possession of such notary public's official seal shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. (c) If a notary public's official seal is lost or stolen, the notary public or the notary public's personal representative or guardian shall notify the clerk of superior court and the Georgia Superior Court Clerks' Cooperative Authority within ten days of discovering that such official seal is lost or stolen. (d) A notary public's official seal is the property of the notary public only and shall not be retained or used by any other person including an employer of a notary public even if the employer purchased or paid for the notary public's official seal. (e) It shall be unlawful for any person to supply a notary public official seal to any individual unless the individual has presented a copy of the evidence of the commissioning of the individual as a notary public. It shall be unlawful for any individual to order or obtain a notary public official seal unless such individual is commissioned as a notary public.
45-17-19. (a) A notary public shall maintain a journal in which he or she shall chronicle all notarial acts regarding an electronic record which he or she performs, provided that on and after January 1, 2022, he or she shall chronicle all notarial acts which he or she performs. A notary public shall retain his or her journal for ten years after the performance of the last notarial act chronicled in such journal. (b) A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only one journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. If a journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages. If a journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format that complies with the rules or regulations established pursuant to Code Section 45-17-30. (c) A journal entry shall be made contemporaneously with performing the notarial act and contain the following information:
(1) The date and time of the notarial act and a description of the type of notarial act; (2) A description of the tangible or electronic record being notarized; (3) The full name and address of each individual for whom the notarial act is performed;
1564
JOURNAL OF THE HOUSE
(4) If identity of the individual is based on personal knowledge, a statement to that effect; (5) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, including the date of issuance and expiration of the identification credential; and (6) The fee, if any, charged by the notary public. (d) Upon discovering that a notary public's journal is lost or stolen, the notary public shall promptly notify the clerk of superior court who issued his or her commission and the Georgia Superior Court Clerks' Cooperative Authority. (e) When a notary public's commission is retired, suspended, or revoked, the notary public shall transmit his or her journal to the clerk of superior court who issued his or her commission or a repository approved by such clerk of superior court. The clerk of superior court shall retain such journals for ten years and thereafter may destroy such journals or may digitally copy each journal, in which case the original journals may be destroyed by such clerk of superior court and, in lieu thereof, the digital copy of each journal shall be retained for ten years. (f) When a current or former notary public dies or is adjudicated incompetent, such notary public's personal representative or guardian or any other person knowingly in possession of such notary public's journal shall transmit it to the clerk of superior court who issued his or her commission or a repository approved by the clerk of superior court. The clerk of superior court shall retain such journals for ten years and thereafter may destroy such journals or may digitally copy each journal, in which case the original journals may be destroyed by such clerk of superior court and, in lieu thereof, the digital copy of each journal shall be retained for ten years.
45-17-20. Before a notary public performs his or her initial notarial act for an electronic record, the notary public shall notify the Georgia Superior Court Clerks' Cooperative Authority that the notary public will be performing notarial acts for electronic records and shall identify the technology the notary public intends to use. If the technology conforms to the specific standards adopted by the Georgia Superior Court Clerks' Cooperative Authority, such authority shall approve the use of the technology. A person shall not require a notary public to perform a notarial act for an electronic record with a technology that the notary public has not selected and the Georgia Superior Court Clerks' Cooperative Authority has not approved.
45-17-21. Except for the report generated as provided under paragraph (7) of subsection (a) of Code Section 45-17-17, the information in the application for appointment and commissioning as a notary public and the journal retained by the clerk of superior court pursuant to subsection (e) or (f) of Code Section 45-17-19 shall be a matter of public record.
WEDNESDAY, FEBRUARY 24, 2016
1565
45-17-22. (a) Not more than 30 days prior to a commission as a notary public or renewal being granted, an applicant shall be required to take and pass an examination based on a course of study described in subsection (b) of this Code section. The Georgia Superior Court Clerks' Cooperative Authority, or an entity approved by the Georgia Superior Court Clerks' Cooperative Authority, shall administer such examination. (b) The Georgia Superior Court Clerks' Cooperative Authority, or an entity approved by the Georgia Superior Court Clerks' Cooperative Authority, shall regularly offer a course of study to individuals desiring to become a notary public in this state. The course of study shall include the laws, rules, regulations, procedures, and ethics relevant to notarial acts.
45-17-23. (a) The clerk of superior court shall review an applicant's criminal background information and a notary public's criminal background information and may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as a notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:
(1) Failure to comply with this chapter; (2) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the clerk of superior court; (3) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit; (4) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit; (5) Failure by the notary public to discharge any duty required of a notary public, whether required by this chapter, rules or regulations established pursuant to Code Section 45-17-30, or any federal or state law; (6) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have; (7) Violation by the notary public of rules or regulations established pursuant to Code Section 45-17-30 regarding a notary public; and (8) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state, as such term is defined in Code Section 45-17-10. (b) Any applicant who is denied a notary public commission or renewal by the clerk of superior court shall upon demand be allowed a hearing and adjudication before the clerk of superior court with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury. (c) Any notary public whose notarial commission is revoked by the clerk of superior court shall upon demand be allowed a hearing and adjudication before the clerk of
1566
JOURNAL OF THE HOUSE
superior court with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury. (d) Whenever a clerk of superior court denies the issuance of a commission as a notary public, or refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, such clerk shall forward the name and identifying information regarding such action to the Georgia Superior Court Clerks' Cooperative Authority.
45-17-24. (a) The Georgia Superior Court Clerks' Cooperative Authority shall maintain an electronic data base of notaries public:
(1) Through which a person may verify the authority of a notary public to perform notarial acts; and (2) Which indicates whether a notary public has notified the clerk of superior court that the notary public will be performing notarial acts on electronic records. (b) The Georgia Superior Court Clerks' Cooperative Authority shall keep a record for each notary public showing the notary public's name, address, signature, age, sex, and term of the commission and whether the notary public has been approved to perform notarial acts on electronic records.
45-17-25. (a) A commission as a notary public shall not authorize an individual to:
(1) Assist persons in drafting legal documents, give legal advice, or otherwise practice law; (2) Act as an immigration consultant or an expert on immigration matters; (3) Represent an individual in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; (4) Receive compensation for performing any of the activities listed in this subsection; or (5) Make certified copies of documents which are either a public record or a publicly recorded document. (b) A notary public shall not engage in false or deceptive advertising. (c) A notary public shall not execute a notarial certificate containing a statement known by the notary public to be false nor perform any action with an intent to deceive or defraud. (d) A notary public, other than an attorney licensed to practice law in this state, shall not use the term 'notario' or 'notario publico.' (e) A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal documents, give legal advice, or otherwise practice law. (f) A notary public shall not withhold access to or possession of an original record provided by a person who seeks performance of a notarial act by the notary public. (g) A notary public required to comply with the provisions of subsection (e) of this Code section shall prominently post at the notary public's place of business a schedule
WEDNESDAY, FEBRUARY 24, 2016
1567
of fees established in Code Section 45-17-27. The fee schedule shall be written in English and in any other language in which the notary public's services were solicited and shall contain the notice required in subsection (e) of this Code section, unless the notice is otherwise prominently posted at the notary public's place of business. (h) The Attorney General or prosecuting attorney may seek injunctive relief against any notary public who violates the provisions of this Code section. Nothing in this Code section shall diminish the authority of the State Bar of Georgia. (i) A violation of subsection (d) or (e) of this Code section shall constitute a deceptive trade practice under Code Section 10-1-427 in addition to any other penalties provided by law. (j) It shall be unlawful for a notary public to issue attachments or garnishments, to approve bonds for the purpose of issuing attachments or garnishments, or to issue a summons in a dispossessory case, but a notary public may attest an affidavit in an attachment, garnishment, or dispossessory action; provided, however, that no writ or summons in such matter shall issue without first having judicial approval as provided by law.
45-17-26. The clerk of superior court shall send a copy of the certificate commissioning or recommissioning a notary public, under his or her seal of office, and remit $2.00 of the fee collected pursuant to Code Section 15-6-77 or 15-6-77.3, as applicable, to the Georgia Superior Court Clerks' Cooperative Authority.
45-17-27. (a) It shall be unlawful for a notary public to charge a fee greater than $4.00 for each notarial act performed. (b) A notary public may opt not to charge fees for notarial acts. (c) Prior to performing a notarial act, a notary public shall inform the person requesting the notarial act of the fees permitted for each act. (d) The authenticity of the official signature and term of commission of a notary public may be evidenced by:
(1) A certificate of authority from the clerk of superior court who issued the commission of the notary public or from the Georgia Superior Court Clerks' Cooperative Authority; or (2) An apostille in the exact form prescribed by the Hague Convention of October 5, 1961, from the United States Secretary of State, provided that an apostille shall be obtained only from the Georgia Superior Court Clerks' Cooperative Authority on or after the thirtieth day following the designation, by the United States Department of State, of the Georgia Superior Court Clerks' Cooperative Authority as an authority in the United States competent to issue an apostille. (e) The fee for a certificate of authority shall be $4.00. The fee for an apostille shall be $10.00.
1568
JOURNAL OF THE HOUSE
(f) An apostille as specified by the Hague Convention of October 5, 1961, shall be attached to any document requiring authentication that is bound for a nation that has signed and ratified the Hague Convention.
45-17-28. (a) When a notary public's telephone number, residence address, or business address, whichever address was used for the purpose of commissioning, has changed, within 30 days of such change such notary public shall notify, and verify by signature and official seal, the clerk of superior court who issued the commission to him or her and provide a copy of such notice to the Georgia Superior Court Clerks' Cooperative Authority. The notice shall contain both the old and new addresses or old and new telephone numbers, as applicable.
(b)(1) When a notary public's name has changed, within 30 days of such change such notary public shall notify, and verify by signature and official seal, the clerk of superior court who issued the commission to him or her and provide a copy of such notice to the Georgia Superior Court Clerks' Cooperative Authority. The notice shall contain both the old and new names and new signature. (2) A notary public with a new name may begin to officially sign his or her new name on notarial certificates after:
(A) The notice described in paragraph (1) of this subsection has been received by the clerk of superior court; (B) A confirmation of the notary public's name change has been received from the clerk of superior court; and (C) A new official seal bearing the new name exactly as indicated in the confirmation has been obtained.
45-17-29. Except as otherwise provided in subsection (a) of Code Section 45-17-3, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter shall not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter shall not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on a law of this state other than this chapter or law of the United States. This Code section shall not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
45-17-30. (a) The Georgia Superior Court Clerks' Cooperative Authority shall adopt rules or regulations to implement this chapter. The rules or regulations shall establish the standards for the use of and the type of tamper-evident technology that shall be used to perform notarial acts for electronic records. Rules or regulations adopted regarding the performance of notarial acts for electronic records shall not require, or accord greater
WEDNESDAY, FEBRUARY 24, 2016
1569
legal status or effect to, the implementation or application of a specific technology or technical specification. The rules or regulations may:
(1) Prescribe the manner of performing notarial acts regarding tangible and electronic records; (2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident; (3) Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures; (4) Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as a notary public; (5) Include provisions to prevent fraud or mistake in the performance of notarial acts; (6) Prescribe the specifications of a notary public's official seal as set forth in Code Section 45-17-18; (7) Prescribe the acceptable format for a notary public's journal as set forth in Code Section 45-17-19 and determine how and when such journals may be inspected and who will perform such examinations; (8) Provide for the administration of the examination and course of study set forth in Code Section 45-17-22; (9) Prescribe fees for online training and testing of notaries public; and (10) Prescribe advertisement criteria as set forth in Code Section 45-17-25. (b) In adopting, amending, or repealing rules or regulations for notarial acts for electronic records, the Georgia Superior Court Clerks' Cooperative Authority shall consider, so far as is consistent with this chapter: (1) The most recent standards regarding electronic records promulgated by national bodies such as the National Association of Secretaries of State; (2) Standards, practices, and customs of other jurisdictions with substantially similar laws as Georgia; and (3) The views of governmental officials and entities and other interested persons.
45-17-31. A commission as a notary public in effect on July 1, 2017, shall continue until its date of expiration. With the exception of replacing an official seal prior to renewal, a notary public, in performing notarial acts after July 1, 2017, shall comply with this chapter.
45-17-32. (a) This chapter shall not affect the validity or effect of a notarial act performed before July 1, 2017. (b) No document executed prior to July 1, 2017, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the requirement that the document contain a notary public's official seal.
1570
JOURNAL OF THE HOUSE
45-17-33. (a) Any individual who violates subsection (e) of Code Section 45-17-18 or subsection (d) of Code Section 45-17-25 shall be guilty of a misdemeanor. (b) Any individual who performs a notarial act without complying with the provisions of this chapter shall upon conviction for the first or second violation be guilty of a misdemeanor and upon conviction for a third or subsequent violation be guilty of a felony, punishable by imprisonment of not less than one nor more than five years, a fine not to exceed $5,000.00, or both."
SECTION 3. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by revising subsection (c) and paragraph (9) of subsection (g) of Code Section 15-6-77, relating to fees, as follows:
"(c) In all counties in this state where the clerk of the superior court is paid or compensated on a salary basis, the fees provided for in this Code section shall be paid into the county treasury less and except such sums as are otherwise directed to be paid pursuant to Code Section 15-6-61 or 45-17-27 and such sums as are collected pursuant to Code Section Sections 36-15-9 and Code Section 15-6-77.4, which sums shall be remitted to such authorities as provided by law. Fees, sums, or other remuneration for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws shall be as provided in such laws or regulations as personal compensation to the clerk of the superior court for the performance of such duties."
"(9) Issuing certificate of appointment and reappointment commissions and recommissions to notaries public, as provided by Code Section 4517-4 45-17-17........................................................................................................ 20.00"
SECTION 4. Said article is further amended by revising paragraph (4) of subsection (c) of Code Section 15-6-77.3, relating to additional fees in counties with populations in unincorporated areas of 350,000 or more, as follows:
"(4) Issuing certificate of appointment and reappointment commissions and recommissions to notaries public, as provided by Code Section 4517-4 45-17-17........................................................................................................ 8.00"
SECTION 5. For purposes of promulgating rules and regulations by the Georgia Superior Court Clerks' Cooperative Authority as provided in new Code Section 45-17-30, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2017.
WEDNESDAY, FEBRUARY 24, 2016
1571
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Welch of the 110th moved that HB 381 be recommitted to the Committee on Rules:
The motion prevailed.
HB 773. By Representatives Houston of the 170th, Hatchett of the 150th, Rogers of the 29th, Battles of the 15th and Tankersley of the 160th:
A BILL to be entitled an Act to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to increase the outstanding bond limit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to increase the outstanding bond limit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, is amended in Code Section 50-26-10, relating to issuance of bonds by the authority, by revising subsection (i) as follows:
"(i)(1) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate amount exceeding $1.3 billion $3 billion, excluding bonds and notes issued to refund outstanding bonds and notes. (2) The authority shall not have outstanding at any one time bonds and notes for financing of enterprises, other than enterprises contained in a health facility and other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 30, 1995; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.
1572
JOURNAL OF THE HOUSE
(3) The authority shall not have outstanding at any one time bonds and notes for the financing of health care services exceeding $30 million; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refinance outstanding bonds and notes. (4) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson
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 N Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak E Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice
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
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
Weldon Y Werkheiser
WEDNESDAY, FEBRUARY 24, 2016
1573
Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frye Gardner
Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rogers, C Y Rogers, T Y Rutledge
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 160, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 948. By Representative Powell of the 32nd:
A BILL to be entitled an Act to amend Code Section 42-9-90 of the Official Code of Georgia Annotated, relating to application fee required for transfer consideration, so as to revise the application fee paid to the Department of Community Supervision or the State Board of Pardons and Paroles by nonindigent adult offenders when applying to transfer supervision to any other state or territory; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant
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
Ehrhart
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak E Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y 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 E Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E
1574
JOURNAL OF THE HOUSE
Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott E Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y 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
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.
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 734 Do Pass, by Substitute HB 1025 Do Pass, by Substitute HB 1027 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 51st
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 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
WEDNESDAY, FEBRUARY 24, 2016
1575
pilot program for the placement of video monitoring cameras in classrooms providing special education services; to provide for program requirements; to 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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for the placement of video monitoring cameras in classrooms providing special education services; to provide for requirements; to provide for funding; 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 "Landon Dunson Act."
SECTION 2. Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-324.2. (a) The Department of Education is authorized to provide for the placement of video monitoring cameras and equipment by a school in self-contained classrooms in which students receive special education services. The Department of Education is authorized to approve local school systems for participation and may approve local school systems which already utilize video monitoring cameras and equipment in their special education self-contained classrooms through an application process. The department or an approved local school system may approve schools in the local school system for participation. A local school system or school may, in its sole discretion, agree to participate. (b) Participating local school systems or schools shall provide, at a minimum, for:
(1) Prior notice of the placement of video monitoring cameras to the parents or guardians of each student in the approved classrooms; (2) The retention of videos recorded from video monitoring cameras placed pursuant to this Code section for no less than three months from the date of the recording;
1576
JOURNAL OF THE HOUSE
(3) The coverage by video monitoring cameras of all areas of the approved classrooms, to the extent practical; and (4) Procedures and requirements to protect the confidentiality of student records contained in videos recorded from video monitoring cameras placed pursuant to this Code section in accordance with the federal Family Educational Rights and Privacy Act and Article 15 of this chapter. (c) The video monitoring cameras shall only be used for purposes of classroom instruction, monitoring classroom interactions, and teacher observation, and review of recorded material shall only be for such purposes, except with the written permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction. Recorded material, including identity of students or demographics of students, shall not be used for marketing purposes. (d) The Department of Education shall provide guidelines and criteria regarding the effectiveness, feasibility, and benefits, including any impact on safety, and the Department of Education may require participating local school systems or schools to conduct an evaluation. If the department requires such evaluations, the department shall collect and report the results of such evaluation to the House Committee on Education and the Senate Education and Youth Committee. (e)(1) The department shall serve as a state level flow through point for any available state or federal funding. (2) Local school systems may solicit and accept gifts, grants, and donations from any person or entity for use in placing video monitoring cameras in classrooms 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak E 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 E Stover Y Strickland Y Tankersley
WEDNESDAY, FEBRUARY 24, 2016
1577
Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart N England Y Epps Y Evans Y Fleming N Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby N Knight Y LaRiccia Y Lott E Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo N McCall Y McClain Y Meadows
Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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 158, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 166. By Representatives Yates of the 73rd, Powell of the 32nd, Harbin of the 122nd, Smith of the 125th and Kaiser of the 59th:
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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 40-6-314 of the Official Code of Georgia Annotated, relating to footrests and handlebars regarding motorcycles, so as to revise provisions regarding height of handlebars; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
1578
JOURNAL OF THE HOUSE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Motorcycle Mobility Safety Act."
SECTION 2.
Code Section 40-6-314 of the Official Code of Georgia Annotated, relating to footrests and handlebars, is amended as follows:
"40-6-314. (a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger. (b) No person shall operate any motorcycle with handlebars more than 15 25 inches in height above that portion of the seat occupied by the operator or with a backrest more commonly known as a sissy bar that is designed in such a way as to create a sharp point at its apex."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
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 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 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 Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak E Parrish
Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E 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 E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
WEDNESDAY, FEBRUARY 24, 2016
1579
Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kirby Y Knight Y LaRiccia Y Lott E Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Bill, by substitute, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 838. By Representatives Blackmon of the 146th, Meadows of the 5th, Epps of the 144th, Rhodes of the 120th, Smith of the 134th 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 that carriers that sell certain health insurance plans in this state through an agent shall compensate such agent a minimum of 5 percent of the collected premiums; to provide for exceptions; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, so as to provide for the compensation of health insurance agents in certain situations; to provide for definitions; to provide for exceptions; to provide a short title; 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. This Act shall be known and may be cited as the "Protection and Guarantee of Service for Health Insurance Consumers Act."
1580
JOURNAL OF THE HOUSE
SECTION 2.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, is amended by adding a new Code section to read as follows:
"33-24-59.20. (a) As used in this Code section, the term:
(1) 'Agent' shall have the same meaning as in Code Section 33-23-1. (2) 'Carrier' means any entity licensed to provide health insurance in this state and which is subject to state insurance regulation. (3) 'Health benefit plan' shall have the same meaning as in Code Section 33-30A-1. (4) 'Premium' means the consideration paid in exchange for coverage under a health benefit plan. (b) Any carrier that issues a health benefit plan in this state through an agent shall compensate such agent a minimum of 5 percent of the premium collected on a group health benefit plan and a minimum of 4 percent of the premium collected on an individual health benefit plan for the first term and for each renewal term thereafter, so long as such agent reviews coverage and provides ongoing customer service for such plan; provided, however, that no such compensation shall be required for: (1) Any individual health benefit plan sold during a special enrollment period; provided, however, that this paragraph shall not apply to renewals of any individual health benefit plan sold during a special enrollment period that renews during the open enrollment period; or (2) The initial term or any renewal term of any health benefit plan sold to any employer, whether or not self-employed, if at the time of such initial term or renewal term such employer employs more than 50 bona fide employees on at least half of its working days. For purposes of this paragraph, affiliated companies or companies that are eligible to file a combined tax return for purposes of state taxation shall be considered single employers."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Hugley of the 136th was excused from voting on HB 838.
The report of the Committee, which was favorable to the passage of the Bill, 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
N Cooke Y Coomer Y Cooper
Y Harden Y Harrell Y Hatchett
Y Metze Y Mitchell Y Morris
Y Smith, E Smith, L
Y Smith, M
WEDNESDAY, FEBRUARY 24, 2016
1581
Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague N Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier N Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard
Hugley Y Jackson 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 Lott E Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Mosby Y Nimmer Y Nix Y Oliver
Pak E Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince N Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott N Setzler Y Sharper
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 N Tanner
Tarvin Y Taylor, D E Taylor, T E 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 Y Williamson Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 145, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 874. By Representatives Reeves of the 34th, Golick of the 40th, Efstration of the 104th, Strickland of the 111th, Ramsey of the 72nd and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 11 of Title 15, Title 16, Chapter 4 of Title 24, and Code Section 42-5-18 of the O.C.G.A., relating to access to hearings and records, crimes and offenses, relevant evidence and its limits, and items prohibited for possession by inmates, respectively, so as to improve the ability to prosecute street gang terrorism; to provide for related matters; to repeal conflicting laws; and for other purposes.
1582
JOURNAL OF THE HOUSE
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 9 of Chapter 11 of Title 15, Title 16, Chapter 4 of Title 24, and Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to access to hearings and records, crimes and offenses, relevant evidence and its limits, and items prohibited for possession by inmates, respectively, so as to improve the ability to prosecute street gang terrorism; to provide for the admissibility of juvenile adjudications under certain circumstances; to clarify provisions relating to terroristic threats and acts; to provide for misdemeanor punishment of terroristic threats under certain circumstances; to correct a cross-reference; to increase penalties for unlawful activities connected with criminal street gang activity and provide for certain mandatory minimum terms of imprisonment; to change provisions relating to the admissibility of evidence of the existence of criminal street gangs; to provide for the admissibility of similar transaction evidence in prosecutions for criminal street gang activity; to increase penalties for providing items prohibited for possession by inmates and provide for mandatory minimum terms of imprisonment; 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 9 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to hearings and records, is amended by revising Code Section 15-11-703, relating to the use of disposition and evidence, as follows:
"15-11-703. Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child and evidence adduced in a hearing in the juvenile court may shall not be used against such child in any proceeding in any court other than as provided in Code Section 16-15-9 or 24-4-418 or for a proceeding for delinquency or a child in need of services, whether before or after reaching 18 years of age, except in the establishment of conditions of bail, plea negotiations, and sentencing in criminal offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to prosecuting attorneys, superior or state court judges, and the accused and may be used in the same manner as adult records. Whenever such record of disposition is filed in a superior or state court or admitted into evidence in a superior or state court proceeding, it shall be filed under seal."
WEDNESDAY, FEBRUARY 24, 2016
1583
SECTION 2.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-11-37, relating to terroristic threats and acts and penalties, as follows:
"16-11-37. (a) As used in this Code section, the term 'hazardous substance' shall have the same meaning as set forth in Code Section 12-8-92.
(b)(1) A person commits the offense of a terroristic threat when he or she threatens to commit:
(A) Commit any crime of violence, to release; (B) Release any hazardous substance, as such term is defined in Code Section 12-892, or to burn; or (C) Burn or damage property with. (2) Such terroristic threat shall be made: (A) With the purpose of terrorizing another or; (B) With the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation or; (C) With the purpose of otherwise causing serious public inconvenience; or in (D) In reckless disregard of the risk of causing such the terror, evacuation, or inconvenience described in subparagraph (A), (B), or (C) of this paragraph. (3) No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated. (b)(c) A person commits the offense of a terroristic act when: (1) He or she uses a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household; (2) While not in the commission of a lawful act, he or she shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers; or (3) He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance for: (A) For the purpose of terrorizing another or; (B) For the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation or; (C) For the purpose of otherwise causing serious public inconvenience; or in (D) In reckless disregard of the risk of causing such the terror, evacuation, or inconvenience described in subparagraph (A), (B), or (C) of this paragraph. (c)(d)(1) A person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided, however, that if the threat suggested the death of the threatened individual, the person convicted shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00, or by imprisonment for not less than one nor more than five years, or both. (2) A person convicted of the offense of a terroristic act shall be punished by a fine of not more than $5,000.00, or by imprisonment for not less than one nor more than ten years, or both; provided, however, that if any person suffers a serious physical injury
1584
JOURNAL OF THE HOUSE
as a direct result of an act giving rise to a conviction under subsection (b) of this Code section, the person so convicted shall be punished by a fine of not more than $250,000.00, or imprisonment for not less than five nor more than 40 years, or both. (d)(e) A person who commits or attempts to commit a terroristic threat or act violation of subsection (b) or (c) of this Code section shall, upon conviction thereof, be punished by a fine of not less than $50,000.00, imprisonment for not less than five nor more than 20 years, or both, when such act is done with the intent to retaliate against any person for or intimidate or threaten any person from: (1) Attending a judicial or administrative proceeding as a witness, attorney, judge, clerk of court, deputy clerk of court, court reporter, 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, 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 3. Said title is further amended by revising Code Section 16-11-37.1, relating to dissemination of information relating to terroristic acts, as follows:
"16-11-37.1. It shall be unlawful for any person knowingly to furnish or disseminate through a computer or computer network any picture, photograph, drawing, or similar visual representation or verbal description of any information designed to encourage, solicit, or otherwise promote terroristic acts as defined in Code Section 16-11-37. Any person convicted for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that if such act is in violation of paragraph (1) of subsection (d) (e) of Code Section 16-11-37, the person convicted shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years or by a fine not to exceed $100,000.00 or both."
SECTION 4. Said title is further amended by revising subsection (k) of Code Section 16-15-4, relating to the prohibition of participating in criminal gang activity, as follows:
WEDNESDAY, FEBRUARY 24, 2016
1585
"(k)(1) Any person who violates subsection (a), (b), or (c) of this Code section shall be guilty of a felony and upon conviction thereof, in addition to any other penalty imposed, by law, be punished by shall be sentenced to imprisonment for not less than five nor years but not more than 15 20 years or by pay a fine of not less than $10,000.00 nor more than $15,000.00, or both. (2) Any person who violates subsection (a) of this Code section through the commission of a violation of Code Section 42-5-18 shall be guilty of a felony and upon conviction thereof, in addition to any other penalty imposed, shall be sentenced to a mandatory minimum term of imprisonment of five years but not more than 20 years which shall be served consecutively to any other sentence imposed, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court. (2)(3) Any person who violates subsection (d) of this Code section may shall be guilty of a felony and upon conviction thereof, in addition to any other penalty provided by law, be punished by imposed, shall be sentenced to imprisonment for an additional ten for five years but not more than 20 years which shall be served consecutively to any other sentence imposed on such person by law. (3)(4) Any person who violates subsection (e), (f), (g), (h), (i), or (j) of this Code section shall be guilty of a felony and upon conviction thereof, in addition to any other penalty provided by law, be punished by imposed, shall be sentenced to imprisonment for not less than three nor more than ten for five years but not more than 20 years."
SECTION 5. Said title is further amended by revising Code Section 16-15-9, relating to commission of offense admissible as evidence of existence of criminal street gang and criminal gang activity, as follows:
"16-15-9. The commission For the purpose of proving the existence of a criminal street gang and criminal gang activity, the commission, adjudication, or conviction of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member or associate of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and criminal gang activity. Evidence offered under this Code section shall not be subject to the restrictions in paragraph (22) of Code Section 24-8-803."
SECTION 6. Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to relevant evidence and its limits, is amended by adding a new Code section to read as follows:
"24-4-418. (a) In a criminal proceeding in which the accused is accused of conducting or participating in criminal gang activity in violation of Code Section 16-15-4, evidence of the accused's commission of criminal gang activity, as such term is defined in Code
1586
JOURNAL OF THE HOUSE
Section 16-15-3, shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a proceeding in which the prosecution intends to offer evidence under this Code section, the prosecutor shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown. (c) This Code section shall not be the exclusive means to admit or consider evidence described in this Code section."
SECTION 7.
Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to items prohibited for possession by inmates, is amended by revising subsection (d) as follows:
"(d)(1) An inmate A person who commits or attempts to commit a violation of subsection (c) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, if a person an inmate violates this Code section while being held pursuant to an arrest or conviction for a misdemeanor offense, the possession of a telecommunications device in violation of this Code section shall be treated as a misdemeanor. (2) A person who commits or attempts to commit a violation of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be sentenced to a mandatory minimum term of imprisonment of two years but not more than five years, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court."
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 N Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K
Y Cooke Y Coomer Y Cooper Y Corbett N Dawkins-Haigler N Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens Y Holcomb E Holmes Y Houston
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak E Parrish Y Parsons
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
WEDNESDAY, FEBRUARY 24, 2016
1587
Y Bennett, T Y Bentley Y Benton Y Beskin N Beverly E Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J N Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Y Fleming
Floyd N Fludd N Frazier Y Frye N Gardner Y Gasaway Y Gilligan N Glanton Y Golick N Gordon Y Gravley Y Greene
N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S E Jordan N Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott E Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
Y Peake Y Petrea Y Pezold Y Pirkle
Powell, A Y Powell, J Y Price N Prince N Pruett N Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C E Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
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 N 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
Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 106, nays 60.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Shaw of the 176th et al.
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 949. By Representatives Powell of the 32nd, Tarvin of the 2nd, Jasperse of the 11th, Lumsden of the 12th and Epps of the 144th:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, and Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to revise a definition; to
1588
JOURNAL OF THE HOUSE
revise provisions of law relating to government purchasing cards and government credit cards; to provide for the issuance of government purchasing cards and government credit cards; to provide for the conditions for such issuance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, and Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to revise and provide for definitions; to revise provisions of law relating to government purchasing cards and government credit cards; to provide for the issuance of government purchasing cards and government credit cards; to provide for the conditions for such issuance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, is amended by revising paragraph (5.2) of Code Section 16-9-30, relating to definitions, as follows:
"(5.2) 'Government' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school system, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, school system, or other political subdivision of this state; and (D) Every city, county, regional, or other authority established pursuant to the laws of this state; and (E) Every locally elected clerk of superior court, judge of the probate court, sheriff, tax receiver, tax collector, or tax commissioner."
SECTION 2. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by revising Code Section 36-80-24, relating to limitation on elected
WEDNESDAY, FEBRUARY 24, 2016
1589
official's use of government issued purchasing or credit cards and policy development, as follows:
"36-80-24. (a) As used in this Code section, the term 'constitutional officer' means the locally elected clerk of superior court, judge of the probate court, sheriff, tax receiver, tax collector, or tax commissioner. (a)(b) An elected official of a county, municipal corporation, local school system, or consolidated government or a constitutional officer 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 or constitutional officer's public duties; and (2) Such purchases are in accordance with guidelines adopted by the county, municipal corporation, local school system, or consolidated government, or constitutional officer. (b)(c) Documents related to such purchases incurred by such elected officials or constitutional officers shall be available for public inspection. (c)(d) 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. No constitutional officer shall issue government purchasing cards or government credit cards to himself, herself, or his or her employees on or after July 1, 2016, until he or she has promulgated specific policies regarding the use of such government purchasing cards or government credit cards that apply to himself or herself and his or her employees and such policies have been filed with the governing authority of the county. If an elected official of such county, municipal corporation, local school system, or consolidated government. Such or constitutional officer promulgates specific policies regarding the use of such government purchasing cards or government credit cards, such, policies shall include the following: (1) Designation of officials or employees who shall be authorized to be issued such government purchasing cards or government credit cards; (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, or constitutional officer 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 or constitutional officer; (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;
1590
JOURNAL OF THE HOUSE
(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 or credit card policies and imposing penalties for violations, including, but not limited to, revocation of purchasing card or credit card privileges. Nothing in such procedures or any administrative action taken pursuant thereto shall preclude any other civil or criminal remedy under any other provision of law."
SECTION 3. This Act shall become effective on July 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.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K
Bennett, T Y Bentley Y Benton Y Beskin Y Beverly E Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D
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
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner
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 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 Lott E Lumsden Y Mabra
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak E Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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
WEDNESDAY, FEBRUARY 24, 2016
1591
Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 806. By Representatives Tanner of the 9th, Tankersley of the 160th, Epps of the 144th, Caldwell of the 131st and Rice of the 95th:
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 expiration of certain licenses and identification cards issued by the Department of Driver Services; to provide for the suspension of a driver's license upon receipt of conviction reports from a 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the expiration of certain licenses and identification cards issued by the Department of Driver Services; to provide for the suspension of a driver's license upon receipt of conviction reports from a court; to provide for multiple effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising Code Section 40-5-32, relating to expiration and renewal of licenses and reexamination requirements, as follows:
"40-5-32. (a)(1) Except as otherwise provided in this Code section, every driver's license shall expire on the licensee's birthday in the fifth eighth year following the issuance of such
1592
JOURNAL OF THE HOUSE
license. Notwithstanding the foregoing, any commercial driver's license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensee's security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. An applicant for a Class C, E, F, or M noncommercial driver's license who is under age 60 shall at the applicant's option apply for a license which shall expire on the licensee's birthday in the fifth or eighth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section. (2) Except as otherwise provided by subsection (c) of this Code section, every veteran's, or honorary, or distinctive license shall expire on the licensee's birthday in the eighth year following the issuance thereof until the holder reaches age 65 and shall thereafter be subject to renewal pursuant to paragraph (1) of this subsection on or before his or her birthday every five years. The department may allow a veteran, or honorary, or distinctive license holder to retain his or her expired veteran's, or honorary, or distinctive license as a souvenir. (3) Every driver's license shall be renewed on or before its expiration date upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required by subsection (c) of this Code section. Nothing in this Code section shall be interpreted as affecting the rights and privileges of any person holding a veteran's, honorary, or distinctive license, or authorizing the imposition of a charge or fee for the issuance or renewal of such licenses. (4) The commissioner shall issue such rules and regulations as are required to enforce this subsection. (b) An application for driver's license renewal may be submitted by means of: (1) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to licensees, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing drivers' licenses under this paragraph from the license surrender requirement of subsection (c) of Code Section 40-5-20. (c)(1) The department shall require every person who is age 64 or older applying for issuance or renewal of a driver's license to take and pass successfully such test of his or her eyesight as the department shall prescribe. (2) The commissioner may issue such rules and regulations as are necessary to implement this subsection."
SECTION 2. Said chapter is further amended in Code Section 40-5-53, relating to reporting of convictions to the department, destruction of license by department, and requirements for issuance of new license in certain instances, by revising subsection (b) as follows:
WEDNESDAY, FEBRUARY 24, 2016
1593
"(b)(1) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method approved by the department. Subject to appropriations by the General Assembly, the department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically in a timely manner as required in this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court. (2) Except as otherwise provided for in paragraphs (3) and (4) of this subsection, a report of any conviction received by the department two or more years after the date of final disposition shall be noted on a person's driving record and such conviction shall be made available in accordance with Code Sections 40-5-2 and 40-5-155. No such conviction shall result in the suspension of a driver's license as such term is defined in paragraph (17) of Code section 40-5-1, provided that the department determines that two or more years have elapsed since the date the driver's license was surrendered in accordance with the provisions set forth in subsection (e) of Code Section 40-5-61 and no new driver's license was subsequently issued. (3) A report of any conviction for an offense covered under Code Section 40-5-54, or Code Sections 40-6-391 through 40-6-395, or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395, regardless of the date such report of conviction is received by the department, shall be considered for purposes of revoking a driver's license in accordance with Code Section 40-5-58. (4) Any report of any conviction for a violation of Article 7 of this chapter, regardless of the date such report of conviction is received by the department, shall be considered for purposes of disqualifying a person's commercial driver's license, commercial driver instruction permit, or commercial driving privileges in accordance with Code Section 40-5-151."
SECTION 3. Said chapter is further amended in Code Section 40-5-100, relating to personal identification cards, by revising subsection (b) as follows:
"(b) The An identification card issued pursuant to this Code section shall be valid for a period of five or eight years, at the option of the applicant, and shall bear the signatures
1594
JOURNAL OF THE HOUSE
of the commissioner and the Governor, and shall bear an identification card number which shall not be the same as the social security number."
SECTION 4.
Said chapter is further amended in Code Section 40-5-150, relating to contents of license, classifications, endorsements, and restrictions, by revising subsection (g) as follows:
"(g) Except as provided for in Code Section 40-5-21.1, the commercial driver's license shall expire on the licensee's birthdate in the fifth eighth year following the issuance of such license."
SECTION 5.
Said chapter is further amended in Code Section 40-5-172, relating to identification cards for persons with disabilities, by revising subsection (a) as follows:
"(a) The An identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of five eight years and shall be renewable on the applicant's birthday in the fourth seventh year following such issuance. Such identification cards shall be issued to persons:
(1) With obvious permanent disabilities without further verification of disability; and (2) With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal."
SECTION 6.
(a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided in subsection (b) of this section. (b) Subsection (b) of Code Section 40-5-53 as amended by Section 2 of this Act shall become effective 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:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Y Metze 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
WEDNESDAY, FEBRUARY 24, 2016
1595
Y Battles Y Beasley-Teague Y Belton E Bennett, K
Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Oliver Y Pak E Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C E 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, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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 1363. By Representatives Willard of the 51st, Oliver of the 82nd, Weldon of the 3rd, Bennett of the 80th, Stephenson of the 90th and others:
A RESOLUTION creating the House Special Study Committee on Judicial Qualifications Commission Reform; 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:
1596
JOURNAL OF THE HOUSE
Y Abrams Y Alexander N Allison E Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott E Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak E Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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, the ayes were 165, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
Pursuant to HR 1215, the House recognized and commended Christian Tetzlaff.
The following Resolutions of the House were read and adopted:
HR 1514. By Representative Ramsey of the 72nd:
A RESOLUTION recognizing February 24, 2016, as Physical Therapy Day at the state capitol; and for other purposes.
WEDNESDAY, FEBRUARY 24, 2016
1597
HR 1515. By Representatives Wilkinson of the 52nd, Price of the 48th, Jones of the 47th, Beskin of the 54th, Willard of the 51st and others:
A RESOLUTION honoring the life and memory of Mrs. Betty Rowland Voyles; and for other purposes.
HR 1516. By Representatives Wilkinson of the 52nd, Powell of the 32nd, Hitchens of the 161st, Lumsden of the 12th and Atwood of the 179th:
A RESOLUTION commending the Police Benevolent Association of Georgia and recognizing its 30th anniversary; and for other purposes.
HR 1517. By Representatives Rhodes of the 120th and Kidd of the 145th:
A RESOLUTION commending the Leadership Putnam Class of 2016; and for other purposes.
HR 1518. By Representatives Hawkins of the 27th, Rogers of the 29th and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Louie E. Gailey; and for other purposes.
HR 1519. By Representatives Epps of the 144th, Dickey of the 140th, Peake of the 141st, Randall of the 142nd and Beverly of the 143rd:
A RESOLUTION commending the Boeing Company upon the grand occasion of its 100th anniversary; and for other purposes.
HR 1520. By Representatives Buckner of the 137th and Trammell of the 132nd:
A RESOLUTION commending and recognizing Doug and Vicky Matthews upon being selected as the 2016 Meriwether County Boy Scout Distinguished Citizen of the Year; and for other purposes.
HR 1521. By Representatives Kidd of the 145th, Dollar of the 45th and Sharper of the 177th:
A RESOLUTION recognizing March 7, 2016, as Hemophilia of Georgia Day at the state capitol; and for other purposes.
HR 1522. By Representatives Mayo of the 84th, Thomas of the 56th, Abrams of the 89th and Smyre of the 135th:
1598
JOURNAL OF THE HOUSE
A RESOLUTION commemorating Howard University's 149th Charter Day Celebration; and for other purposes.
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 864 Do Pass, by Substitute HB 895 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 House and has instructed me to report the same back to the House with the following recommendations:
HB 781 Do Pass, by Substitute HB 1031 Do Pass
Respectfully submitted, /s/ Rynders of the 152nd
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:
WEDNESDAY, FEBRUARY 24, 2016
1599
HB 1066 Do Pass
Respectfully submitted, /s/ Powell of the 32nd
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 951 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
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 364 HB 793 HB 960 HB 990
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
HB 471 HB 828 HB 982 HB 1014
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Powell of the 171st
Chairman
Representative Burns of the 159th 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.
1600
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Thursday, February 25, 2016
Twenty-Eighth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day.
The House stood at ease until 10:15 o'clock, this morning.
The Speaker called the house to order.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell Carson E Carter, A Carter, D 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 Gilligan Glanton Golick Gordon Gravley Greene
Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Metze Mitchell Morris Mosby Nimmer Nix Oliver Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger E Rakestraw Ramsey Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw E Sims Smith, E Smith, L
Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson E Stovall E 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:
THURSDAY, FEBRUARY 25, 2016
1601
Representatives Floyd of the 99th, Pak of the 108th, Randall of the 142nd, and Setzler of the 35th.
They wished to be recorded as present.
Prayer was offered by Reverend Tyrone E. Barnette, Pastor, Peace Baptist Church, Decatur, Georgia.
The members pledged allegiance to the flag.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Ralston of the 7th, Abrams of the 89th, Burns of the 159th, Williams of the 168th, Smyre of the 135th, Stephens of the 164th, and Stephens of the 165th.
The Speaker assumed the Chair.
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 communications were received:
House of Representatives Coverdell Legislative Office Building
Room 401 Atlanta, Georgia 30334
February 24, 2016
Mr. Bill Reilly Clerk of the House 309 State Capitol Building Atlanta, GA 30334
Mr. Reilly,
1602
JOURNAL OF THE HOUSE
Early today I incorrectly voted no on House Bill 838. Please let the journal reflect that it was intent to vote yes on this measure. Please let me know, if there is anything else you need from me.
Thank you,
/s/ Kevin Tanner Representative Kevin Tanner District 9
House of Representatives Coverdell Legislative Office Building
Room 509 Atlanta, Georgia 30334
February 24, 2016
Mr. Bill Reilly Clerk of the House 309 State Capitol Atlanta, GA 30334
Dear Mr. Reilly,
On February 24, 2016 the vote box did not register my vote on House Bill 949, a bill pertaining to the illegal use of financial transaction cards. It was my intention to vote in the affirmative for this bill. Please update the House voting record to indicate my "yes" vote.
Thank you in advance and please let me know if you have any questions.
Respectfully,
/s/ Taylor Bennett Representative Taylor Bennett District 80
TB/nsc
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
THURSDAY, FEBRUARY 25, 2016
1603
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 1093. By Representatives Hightower of the 68th, Nix of the 69th, Cooke of the 18th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act providing that the tax commissioner of Carroll County shall retain 1 percent of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes, approved March 27, 1998 (Ga. L. 1998, p. 3698), so as to increase the percentage of educational funds retained and remitted by said officer for said purpose to the governing authority of Carroll County; to provide a statement of intention and authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1094. By Representatives Kaiser of the 59th and Drenner of the 85th:
A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to impose additional requirements on municipal water supply systems related to testing for certain contaminants; to require timely notice to affected users in the event of emergencies related to drinking water quality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
1604
JOURNAL OF THE HOUSE
HB 1095. By Representatives Cheokas of the 138th, Fleming of the 121st and Stephens of the 164th:
A BILL to be entitled an Act to establish the "Patient Compensation Act"; to amend Title 51 of the O.C.G.A., relating to torts, so as to create an alternative to medical malpractice litigation whereby patients are compensated for medical injuries; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1096. By Representative Parsons of the 44th:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to provide for the donation of abandoned dividends or capital credits by rural telephone cooperatives for certain purposes; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HR 1508. By Representative Powell of the 171st:
A RESOLUTION honoring the life of Mr. Harvey J. Morey and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1509. By Representatives Kidd of the 145th, Powell of the 32nd, Clark of the 101st and Cooper of the 43rd:
A RESOLUTION creating the House Study Committee on Ambulance Service Rates; and for other purposes.
Referred to the Committee on Special Rules.
HR 1510. By Representatives Kidd of the 145th, Broadrick of the 4th, Sharper of the 177th, Clark of the 101st, Cooper of the 43rd and others:
A RESOLUTION creating the House Durable Medical Equipment Study Committee; and for other purposes.
THURSDAY, FEBRUARY 25, 2016
1605
Referred to the Committee on Special Rules.
HR 1511. By Representatives Gordon of the 163rd, Abrams of the 89th, Shaw of the 176th, Dollar of the 45th, Waites of the 60th and others:
A RESOLUTION creating the Joint Study Committee on New Market Tax Credits in Georgia; and for other purposes.
Referred to the Committee on Special Rules.
HR 1512. By Representatives Willard of the 51st, Wilkinson of the 52nd, Dollar of the 45th and Bennett of the 80th:
A RESOLUTION honoring the life of Mayor Eva Cohn Galambos and dedicating an interchange in her memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1513. By Representatives Evans of the 42nd, Willard of the 51st and Beskin of the 54th:
A RESOLUTION creating the House Study Committee on Civil Rights; and for other purposes.
Referred to the Committee on Special Rules.
HR 1523. By Representative Ralston of the 7th:
A RESOLUTION honoring the life of Sergeant First Class Ray F. Lents and dedicating an intersection in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1524. By Representative Ralston of the 7th:
A RESOLUTION honoring the life of Mayor Barbara Stephens and dedicating a road in her memory; and for other purposes.
Referred to the Committee on Transportation.
1606
JOURNAL OF THE HOUSE
HR 1525. By Representative Ralston of the 7th:
A RESOLUTION honoring the life of Mr. Roy L. Chapman and dedicating an intersection in his memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1078 HB 1080 HB 1082 HB 1088 HB 1090 HB 1092 HR 1487 SB 323 SB 358 SB 360 SB 362 SB 390 SR 955
HB 1079 HB 1081 HB 1083 HB 1089 HB 1091 HR 1486 HR 1507 SB 356 SB 359 SB 361 SB 377 SR 954
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 699 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:
THURSDAY, FEBRUARY 25, 2016
1607
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 12 Do Pass, by Substitute HB 722 Do Pass, by Substitute
HB 513 Do Pass, by Substitute HB 779 Do Pass, by Substitute
Respectfully submitted, /s/ Golick of the 40th
Chairman
Representative Rice of the 95th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 795 Do Pass, by Substitute
Respectfully submitted, /s/ Rice of the 95th
Chairman
Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1028 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 70th
Chairman
1608
JOURNAL OF THE HOUSE
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 25, 2016
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 Structured Rule
HB 205
HB 770 HB 897
HB 905 HB 911 HB 919
Drivers' licenses; require driver who refused blood alcohol concentration testing to install and maintain ignition interlock devices on vehicle; provisions (Substitute)(JudyNC-Rice-95th) Crimes and offenses; trafficking of persons for labor or sexual servitude; provisions (Substitute)(JudyNC-Efstration-104th) Health; care and protection of indigent and elderly patients; provide for the establishment and operation of a drug repository program to accept and dispense unused prescription drugs (Substitute)(H&HS-Price-48th) Courts; child abuse; change provisions (Substitute) (JudyNC-Ballinger-23rd) Sales and use tax; agricultural machinery and equipment; provide exemption (Substitute)(W&M-Duncan-26th)(AM 34 0728) Health; rural health care organizations which provide health care services to underserved areas; approve (Substitute)(W&M-Duncan-26th) (AM 34 0727)(AM 34 0729)
Structured Rule
HB 216 HB 802 HB 939 HB 981
HB 987
Occupational diseases; define certain terms; provisions (Substitute) (I&L-Gravley-67th) Revenue and taxation; deduction from income for contributions to savings trust accounts; revise (W&M-Teasley-37th) Revenue and taxation; setoff debt collections by the Administrative Office of the Courts; revise terms and procedures (W&M-Price-48th) Taxation; certain for profit corporations to participate in the indirect ownership of a home for the mentally disabled for primarily financing purpose; allow (Substitute)(W&M-Harrell-106th) Ad valorem tax; property; change certain definitions (Substitute) (W&M-McCall-33rd)
THURSDAY, FEBRUARY 25, 2016
1609
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 312. By Senators Bethel of the 54th, Hill of the 32nd, Martin of the 9th, Wilkinson of the 50th, VanNess of the 43rd and others:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to revise a definition; to establish minimum HOPE award amounts; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 350. By Senators Mullis of the 53rd, Watson of the 1st, Harper of the 7th, Shafer of the 48th, Kennedy of the 18th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of consumer fireworks, so as to dedicate moneys collected from the excise tax on the sale of consumer fireworks for trauma care, fire services, and local public safety purposes; to provide for related matters; to provide for an effective date contingent on a certain ratification of the Constitution of Georgia; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 558. By Senators Mullis of the 53rd, Harbison of the 15th, Harper of the 7th, Burke of the 11th, Watson of the 1st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the proceeds of excise taxes on the sale of fireworks in this state
1610
JOURNAL OF THE HOUSE
be dedicated to the funding of trauma care, fire services, burn treatment, and local public safety purposes in the State of Georgia; 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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 925. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1018. By Representative Parrish of the 158th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an additional ad valorem tax for the purpose of realizing additional tax revenue to provide payment for the Candler County Hospital Authority's services and facilities; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
HB 1021. By Representatives Yates of the 73rd and Knight of the 130th:
A BILL to be entitled an Act to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4527), so as to provide for the election of the county solicitor; to specify the requirements for holding the office of the county solicitor; to establish the office of the county solicitor as a full-time position; to designate the salary of the office of the county solicitor; to authorize the appointment of assistant county solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1023. By Representatives Corbett of the 174th, Spencer of the 180th and Shaw of the 176th:
THURSDAY, FEBRUARY 25, 2016
1611
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to change the compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 312. By Senators Bethel of the 54th, Hill of the 32nd, Martin of the 9th, Wilkinson of the 50th, VanNess of the 43rd and others:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to revise a definition; to establish minimum HOPE award amounts; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 350. By Senators Mullis of the 53rd, Watson of the 1st, Harper of the 7th, Shafer of the 48th, Kennedy of the 18th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of consumer fireworks, so as to dedicate moneys collected from the excise tax on the sale of consumer fireworks for trauma care, fire services, and local public safety purposes; to provide for related matters; to provide for an effective date contingent on a certain ratification of the Constitution of Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SR 558. By Senators Mullis of the 53rd, Harbison of the 15th, Harper of the 7th, Burke of the 11th, Watson of the 1st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the proceeds of excise taxes on the sale of fireworks in this state be dedicated to the funding of trauma care, fire services, burn treatment, and local public safety purposes in the State of Georgia; 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.
1612
JOURNAL OF THE HOUSE
Referred to the Committee on Ways & Means.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Cooper of the 43rd, Tankersley of the 160th, Clark of the 101st, Martin of the 49th, Kaiser of the 59th et al., Cannon of the 58th, Evans of the 42nd, Gravley of the 67th, Peake of the 141st, Abrams of the 89th, Rakestraw of the 19th, Marin of the 96th et al., Ramsey of the 72nd, and McClain of the 100th et al.
Pursuant to HR 742, the House commended Dr. Daniel Todd for providing excellent veterinary care to Floyd County Law Enforcement and Georgia State Patrol service dogs.
Pursuant to HR 1214, the House recognized and commended Mr. Clark Howard.
Pursuant to HR 1231, the House commended Atlanta Motor Speedway for stimulating the economy and providing entertainment and enjoyment to NASCAR fans across the State of Georgia and recognized February 25, 2016, as Atlanta Motor Speedway Day at the capitol.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary Non-Civil and recommitted to the Committee on Regulated Industries:
HB 677. By Representatives Stephens of the 164th, Rogers of the 29th, Harbin of the 122nd, Evans of the 42nd and Marin of the 96th:
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.
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 905. By Representatives Ballinger of the 23rd, Oliver of the 82nd, Dempsey of the 13th, Efstration of the 104th, Reeves of the 34th and others:
A BILL to be entitled an Act to amend Code Section 15-11-710, Title 19, and Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to exchange of information, domestic relations, and programs and protection for children and youth, so as to change provisions relating to child abuse; to
THURSDAY, FEBRUARY 25, 2016
1613
correct a cross-reference; to change and provide for defined terms; to change provisions relating to protocol committees on child abuse; to remove certain reporting requirements to the child abuse registry; 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 3 of Title 16, Title 19, and Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to justification and excuse, domestic relations, and programs and protection for children and youth, respectively, so as to change provisions relating to child abuse; to provide for immunity from criminal liability for possession of certain materials or images under certain circumstances; to change and provide for defined terms; to change provisions relating to protocol committees on child abuse; to remove certain reporting requirements to the child abuse registry; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse, is amended by adding a new Code section to read as follows:
"16-3-22.1. (a) Any person that in good faith has possession of materials or images in violation of Article 3 of Chapter 12 of this title and immediately notifies law enforcement officials or any person that is required by Code Section 19-7-5 to report suspected child abuse, or makes such notification within 72 hours from the time there is reasonable cause to believe such person is in possession of such materials or images, shall be immune to the same extent as a law enforcement officer would be immune from criminal liability for such possession. (b) The official report of the law enforcement agency or the Division of Family and Children Services of the Department of Human Services shall create a rebuttable presumption of good faith and reasonableness on the part of the person that has possession. (c) The purpose of this Code section is to provide for those persons that act in good faith to assist law enforcement officers or the Division of Family and Children Services of the Department of Human Services when the health and safety of a child are being adversely affected and threatened by the conduct of another. This Code section shall be liberally construed so as to carry out the purposes thereof."
1614
JOURNAL OF THE HOUSE
SECTION 2.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising subsection (b) of Code Section 19-7-5, relating to reporting of child abuse, as follows:
"(b) As used in this Code section, the term: (1) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681. (2) 'Abused' means subjected to child abuse. (3) 'Child' means any person under 18 years of age. (4) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Endangering a child; (C)(D) Sexual abuse of a child; or (D)(E) Sexual exploitation of a child. However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' abused child. (5) 'Child service organization personnel' means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children. (6) 'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization. (6.1) 'Endangering a child' means: (A) Any act described by subsection (d) of Code Section 16-5-70; (B) Any act described by Code Section 16-5-73; (C) Any act described by subsection (l) of Code Section 40-6-391; or (D) Prenatal abuse, as such term is defined in Code Section 15-11-2. (7) 'Pregnancy resource center' means an organization or facility that: (A) Provides pregnancy counseling or information as its primary purpose, either for a fee or as a free service; (B) Does not provide or refer for abortions; (C) Does not provide or refer for FDA approved contraceptive drugs or devices; and (D) Is not licensed or certified by the state or federal government to provide medical or health care services and is not otherwise bound to follow the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or other state or federal laws relating to patient confidentiality.
THURSDAY, FEBRUARY 25, 2016
1615
(8) 'Reproductive health care facility' means any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, or gynecological care and services. (9) 'School' means any public or private pre-kindergarten, elementary school, secondary school, technical school, vocational school, college, university, or institution of postsecondary education. (10) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that such person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' Sexual abuse shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than five four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (11) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires that a child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."
SECTION 3. Said title is further amended by revising Code Section 19-15-1, relating to definitions for child abuse, as follows:
"19-15-1. As used in this chapter, the term:
(1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means:
1616
JOURNAL OF THE HOUSE
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual abuse of a child; or (D) Sexual exploitation of a child. (4) 'Child advocacy center' means an entity which is operated for the purposes of investigating known or suspected child abuse and treating a child or a family that is the subject of a report of child abuse and which: (A) Has been created and supported through one or more intracommunity compacts between such center and:
(i) One or more law enforcement agencies within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; (ii) The office of the district attorney, Attorney General, or United States Attorney General; (iii) A legally mandated public or private child protective agency within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; (iv) A mental health board within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; or (v) A community health service board within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; and (B) Has been approved by a protocol committee. (4)(5) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, school teacher, school administrator, or school counselor or who is employed to render services to children by the Department of Public Health, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services or any county board of health, community service board, or county department of family and children services. (5) Reserved. (6) 'Investigation' in the context of child death includes all of the following: (A) A post-mortem examination which may be limited to an external examination or may include an autopsy; (B) An inquiry by law enforcement agencies having jurisdiction into the circumstances of the death, including a scene investigation and interview with the child's parents, guardian, or caretaker and the person who reported the child's death; and (C) A review of information regarding the child and family from relevant agencies, professionals, and providers of medical care.
THURSDAY, FEBRUARY 25, 2016
1617
(7) 'Panel' means the Georgia Child Fatality Review Panel established pursuant to Code Section 19-15-4. (8) 'Protocol committee' means a multidisciplinary, multiagency committee established for a county pursuant to Code Section 19-15-2. (9) 'Report' means a standardized form designated by the panel which is required for collecting data on child fatalities reviewed by local child fatality review committees. (10) 'Review committee' means a multidisciplinary, multiagency child fatality review committee established for a county or circuit pursuant to Code Section 19-15-3. (11) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that such person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' Sexual abuse shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than three four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (12) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires that a child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."
SECTION 4. Said title is further amended by revising Code Section 19-5-2, relating to protocol committee on child abuse, as follows:
1618
JOURNAL OF THE HOUSE
"19-15-2. (a) Each Except as provided in paragraph (3) of subsection (b) of this Code section, each county shall be required to establish a protocol for the investigation and prosecution of alleged cases of child abuse as provided in this Code section.
(b)(1) The chief superior court judge of the circuit in which the county is located shall establish a protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting, and the chief superior court judge shall appoint persons to fill any vacancies on the protocol committee. (2) After the establishment of a Thus established, the protocol committee shall thereafter, the committee members shall elect a chairperson from its the protocol committee's membership. The protocol committee shall be charged with developing local protocols for the investigation and prosecution of alleged cases of child abuse. (3) When a judicial circuit is composed of more than one county, the protocol committee shall determine if it shall be established for each county in the judicial circuit or if it will serve all of the counties within the judicial circuit. (c)(1) Each of the following individuals, agencies, and entities shall designate a representative to serve on the a protocol committee established pursuant to paragraph (1) of subsection (b) of this Code section:
(A) The sheriff; (B) The county department of family and children services; (C) The district attorney for the judicial circuit; (D) The presiding juvenile court judge; (E) The chief magistrate; (F) The county board of education; (G) The county mental health organization; (H) The chief of police of a county in counties which have a county police department; (I) The chief of police of the largest municipality in the county; (J) The county public health department, which shall designate a physician to serve on the protocol committee; and (K) The coroner or county medical examiner. (2) Each of the following individuals, agencies, and entities shall designate a representative to serve on a protocol committee established pursuant to paragraph (3) of subsection (b) of this Code section: (A) The sheriff of each county in the judicial circuit; (B) The county department of family and children services of each county in the judicial circuit; (C) The district attorney for the judicial circuit; (D) The presiding juvenile court judge of each county in the judicial circuit; (E) The chief magistrate of each county in the judicial circuit; (F) The county board of education of each county in the judicial circuit; (G) The county mental health organization of each county in the judicial circuit;
THURSDAY, FEBRUARY 25, 2016
1619
(H) The chief of police of each county in the judicial circuit, if any; (I) The chief of police of the largest municipality in the judicial circuit; (J) The county public health department of each county in the judicial circuit; and (K) The coroner or county medical examiner of each county in the judicial circuit. (3) A representative of a local child advocacy center shall serve on a protocol committee established under paragraph (1) or (3) of subsection (b) of this Code section if one exists in such location. (4) A representative of a sexual assault center shall serve on a protocol committee established under paragraph (1) or (3) of subsection (b) of this Code section if one exists in such location. (2)(5) In addition to the representatives serving on the protocol committee as provided for in paragraph paragraphs (1) through (4) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention to serve on such protocol committee. (3)(6) If any designated agency fails to carry out its duties relating to participation on the protocol committee, the chief superior court judge of the circuit may issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for punishment as for contempt of court. (d) Each protocol committee shall elect or appoint a chairperson who shall be responsible for ensuring that written protocol procedures are followed by all agencies. Such person can may be independent of agencies listed in paragraph (1) of subsection (c) of this Code section. The protocol committee may appoint such additional members as necessary and proper to accomplish the purposes of the protocol committee. (e) The protocol committee shall adopt a written protocol which shall be filed with the Division of Family and Children Services of the Department of Human Services and the panel Office of the Child Advocate for the Protection of Children, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child. The protocol shall also outline procedures to be used when child abuse occurs in a household where there is violence between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. The protocol adopted shall not be inconsistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Services. (f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child, including counseling.
1620
JOURNAL OF THE HOUSE
(g) Upon completion of the writing of the protocol, the protocol committee shall continue in existence and shall meet at least semiannually for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating the same. The protocol committee shall file the updated protocol with the Division of Family and Children Services of the Department of Human Services and the Office of the Child Advocate for the Protection of Children not later than the first day of September each year. (h) Each protocol committee shall adopt or amend its written protocol to specify the circumstances under which law enforcement officers shall and shall not be required to accompany investigators from the county department of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany investigators, the protocol committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each protocol committee shall establish joint work efforts between the law enforcement and investigative agencies in child abuse investigations. The adoption or amendment of the protocol shall also describe measures which can be taken within the county or circuit, as the case may be, to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The protocol shall be further amended to specify procedures to be adopted by the protocol committee to ensure that written protocol procedures are followed. (i) The protocol committee shall issue a report no later than the first day of July each year. Such report shall evaluate the extent to which investigations of child abuse during the 12 months prior to the report have complied with the protocols of the protocol committee, recommend measures to improve compliance, and describe which measures taken within the county or circuit, as the case may be, to prevent child abuse have been successful. The report shall be transmitted to the county governing authority, the fall term grand jury of the judicial circuit, the panel Office of the Child Advocate for the Protection of Children, and the chief superior court judge of the circuit. (j) Each member of each protocol committee shall receive appropriate training within 12 months after his or her appointment. The Office of the Child Advocate for the Protection of Children shall provide such training. (k) The protocol committee shall adopt include a written sexual abuse and sexual exploitation section within its protocol which shall be filed with the Division of Family and Children Services of the Department of Human Services and the Office of the Child Advocate for the Protection of Children, a copy of which shall be furnished to each agency in the county handling the cases of sexually abused or exploited children. The sexual abuse and sexual exploitation section of the protocol shall be a written document outlining outline in detail the procedures to be used in investigating and prosecuting cases arising from alleged sexual abuse and sexual exploitation and the procedures to be followed concerning the obtainment of and payment for sexual assault examinations. Each protocol committee shall adopt or amend its written sexual abuse and sexual exploitation protocol. The sexual abuse and sexual exploitation section of the protocol
THURSDAY, FEBRUARY 25, 2016
1621
adopted shall be consistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Services. A The sexual abuse and sexual exploitation section of the protocol is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. Such section of the protocol shall not limit or otherwise restrict a prosecuting attorney in the exercise of his or her discretion nor in the exercise of any otherwise lawful litigative prerogatives."
SECTION 5. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by revising Article 8, relating to the central child abuse registry, 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 an individual named in an abuse investigator's report as having committed a substantiated case. (3) 'Child' means any person an individual under 18 years of age. (4) 'Child abuse' has shall have 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)(5) '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
1622
JOURNAL OF THE HOUSE
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. (9)(6) 'Division' means the Division of Family and Children Services of the department. (10)(7) '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)(8) 'Sexual abuse' has shall have the same meaning as in paragraph (10) of subsection (b) of Code Section 19-7-5. (12)(9) 'Sexual exploitation' has shall have the same meaning as in paragraph (11) of subsection (b) of Code Section 19-7-5. (13)(10) '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 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;
THURSDAY, FEBRUARY 25, 2016
1623
(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) 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 via certified mail, return receipt requested. It shall be a rebuttable presumption that any such notice has been received if the return receipt has been received by the division. The notice shall further inform such alleged child abuser of such person's his or her 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
1624
JOURNAL OF THE HOUSE
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 shall file a written request for a hearing with the division within ten days after receipt of such notice. The written request shall contain the alleged child abuser's current residence address and, if the person he or she has a telephone, a telephone number at which such person he or she 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 such 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 this 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
THURSDAY, FEBRUARY 25, 2016
1625
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 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. (h) With regard to a minor child alleged to have committed abuse, the division shall remove such individual's name from the registry if:
(1) He or she has reached 18 years of age; (2) More than one year has passed from the date of the act or omission that resulted in a substantiated case and there have been no subsequent acts or omissions resulting in a substantiated case; and (3) He or she can prove by a preponderance of the evidence that he or she has been rehabilitated.
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)(a) An individual Any person whose name appears in the child abuse registry as a convicted child abuser having committed a substantiated case shall be entitled to a hearing for an administrative determination of whether or not expungement of such person's individual's name should be ordered. In order to exercise such right, the person must individual shall file a written request for a hearing with the division. The
1626
JOURNAL OF THE HOUSE
provisions of this subsection shall not apply to persons individuals who have waived their a hearing after receipt of notice. (c)(b) Upon receipt by the division of a written request for a hearing pursuant to subsection (b) (a) 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 individual who requested the hearing is a convicted child abuser had a substantiated case, 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. (d)(c) Notwithstanding any other provision of law, the decision of the Office of State Administrative Hearings pursuant to subsection (c) (b) 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 that 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 and who shall only be provided information relating to that such case for purposes of using that such 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 and which shall only be provided information for purposes of licensing or employment of a specific individual; (3) A licensing entity, which 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,
THURSDAY, FEBRUARY 25, 2016
1627
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, which 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; and (5) An affiliate court appointed special advocate program, as such term is defined in Code Section 15-11-2, which information shall be provided and used solely for the purpose of screening and selecting employees and volunteers of such affiliate court appointed special advocate program and screening and selecting individuals to serve as a CASA, as such term is defined in Code Section 15-11-2. (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. (c) A person An individual may make a written request to the division to find out whether such person's his or her 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 individual 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 or entities.
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.
1628
JOURNAL OF THE HOUSE
(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 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner
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 Y Ehrhart Y England
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 E Stephenson E 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
THURSDAY, FEBRUARY 25, 2016
1629
Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw E Sims
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 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
House of Representatives State Capitol, Suite 401 Atlanta, Georgia 30334
February 25, 2016
Subject: House Bill 905
Dear Clerk of the House,
With regard to House Bill 905 in the 2016 legislative session, I would like to formally register my vote of "Yea". I was in the House anteroom when the presentation of House Bill 905 concluded. Unfortunately, after running across the floor of the House, I was not able to get to my Seat #152 on the opposite side of the House chamber in time to vote. I would appreciate the office of the Clerk recording my vote as a "Yea" on this bill.
I urge you to contact me at through my administrative assistant Dianna Allen in 401 Capitol at 404-656-7857 if you have any questions regarding this matter.
Very Respectfully,
/s/ Ed Setzler Representative, District 35 Chairman, Science & Technology
1630
JOURNAL OF THE HOUSE
HB 770. By Representatives Efstration of the 104th, Welch of the 110th, Houston of the 170th, Atwood of the 179th, Evans of the 42nd and others:
A BILL to be entitled an Act to amend Code Section 16-5-46 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude, so as to provide for and revise defined terms; to change penalty provisions; to remove a potential defense to a charge of trafficking of persons for labor or sexual servitude; 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 16-5-46 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude, so as to provide for and revise defined terms; to change penalty provisions; to remove a potential defense to a charge of trafficking of persons for labor or sexual servitude; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-5-46 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude, is amended by revising subsections (a), (d), and (f) and by adding a new subsection to read as follows:
"(a) As used in this Code section, the term: (1) 'Developmental disability' shall have the same meaning as set forth in Code Section 37-1-1. (1)(2) 'Coercion' means: (A) Causing or threatening to cause bodily harm to any person individual, physically restraining or confining any person individual, or threatening to physically restrain or confine any person individual; (B) Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person an individual to criminal or immigration proceedings, hatred, contempt, or ridicule; (C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person individual;
THURSDAY, FEBRUARY 25, 2016
1631
(D) Providing a controlled substance, as such term is defined by Code Section 1613-21, to such person individual for the purpose of compelling such person individual to engage in labor or sexual servitude against his or her will; or (E) Causing or threatening to cause financial harm to any person individual or using financial control over any person individual. (3) 'Controlled substance' shall have the same meaning as set forth in Code Section 16-13-21. (2)(4) 'Deception' means: (A) Creating or confirming another's impression of an existing fact or past event which is false and which the accused knows or believes to be false; (B) Maintaining the status or condition of a person an individual arising from a pledge by that person such individual of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person an individual from acquiring information pertinent to the disposition of such debt; or (C) Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section. (3)(5) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another person individual and is induced or obtained by coercion or deception. (4)(6) 'Performance' shall have the same meaning as set forth in Code Section 16-12100. (5)(7) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100. (6)(8) 'Sexual servitude' means: (A) Any any sexually explicit conduct or performance involving sexually explicit conduct for which anything of value is directly or indirectly given, promised to, or received by any person individual, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person: (A) By coercion or deception; (B) From an individual who is under the age of 18 years; (C) From an individual whom the accused believes to be under the age of 18 years; (D) From an individual who has a developmental disability; or (E) From an individual whom the accused believes to have a developmental disability or (B) Any sexually explicit conduct or performance involving sexually explicit conduct which is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years."
1632
JOURNAL OF THE HOUSE
"(d) The age of consent for sexual activity or the accused's lack of knowledge of the age or developmental disability of the person individual being trafficked shall not constitute a defense in a prosecution for a violation of this Code section."
"(f)(1) Except as provided in paragraph (2) of this subsection, any accused person who commits the offense of trafficking a person an individual for labor or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years, and a fine not to exceed $100,000.00, or both. (2) Any accused person who commits the offense of trafficking a person an individual for labor or sexual servitude against a person an individual who is under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years, and a fine not to exceed $100,000.00, or both; provided, however, that if the offense is committed against a person an individual under 18 years of age and such person individual under the age of 18 years was coerced or deceived into being trafficked for labor or sexual servitude, the accused or if the offense is committed against an individual who has a developmental disability, the person shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than 25 nor more than 50 years or life imprisonment, and a fine not to exceed $100,000.00, or both." "(k) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section; provided, however, that Code Section 16-3-25 may still provide an absolute defense."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton
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 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 Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y 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 Y Spencer Y Stephens, M Y Stephens, R Y Stephenson E Stovall N Stover Y Strickland Y Tankersley
THURSDAY, FEBRUARY 25, 2016
1633
Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E 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
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 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 987. By Representatives McCall of the 33rd and Powell of the 171st:
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 Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, so as to provide an exception to a breach of covenant for bona fide conservation use property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1634
JOURNAL OF THE HOUSE
SECTION 1.
Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, is amended in subsection (p) 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) Allowing all or part of the property subject to the covenant to be used to host a not for profit rodeo event to which spectator admission and participant entry fees are charged in an amount that in aggregate does not exceed the cost of hosting such event."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson E Carter, A Y Carter, D
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
Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner
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 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 Lott Y Lumsden Y Mabra
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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
THURSDAY, FEBRUARY 25, 2016
1635
Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E 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 897. By Representatives Price of the 48th, Cooper of the 43rd, Broadrick of the 4th, Lott of the 122nd, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to the care and protection of indigent and elderly patients, so as to provide for the establishment and operation of a drug repository program to accept and dispense unused prescription drugs; to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to repeal the "Utilization of Unused Prescription Drugs Act"; to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., relating to medical assistance generally, so as to revise a provision for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to provide for the establishment and operation of a drug repository program to accept and dispense unused over-thecounter and prescription drugs; to provide for definitions; to provide for criteria and requirements for unused over-the-counter and prescription drugs; to provide procedures for donation and dispensing of unused over-the-counter and prescription drugs; to provide for limited liability; to provide for rules and regulations; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to repeal the "Utilization of Unused Prescription Drugs 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 revise a provision for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
1636
JOURNAL OF THE HOUSE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, is amended by adding a new article to read as follows:
"ARTICLE 10
31-8-300. As used in this article, the term:
(1) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (2) 'Eligible patient' means an individual who is indigent, uninsured, underinsured, or enrolled in a public assistance health benefits program, in accordance with criteria established by the Department of Public Health pursuant to Code Section 31-8-304. Other individuals may be considered eligible patients if the need for donated drugs for indigent, uninsured, underinsured, and public assistance health benefits program patients is less than the supply of donated drugs. (3) 'Eligible recipient' means a pharmacy, hospital, federally qualified health center, nonprofit clinic, or other entity meeting the criteria established by the Department of Public Health pursuant to Code Section 31-8-304. (4) 'Health care facility' means a:
(A) Nursing home licensed pursuant to Article 1 of Chapter 7 of this title; (B) Personal care home licensed pursuant to Code Section 31-7-12; (C) Assisted living community licensed pursuant to Code Section 31-7-12.2; (D) Hospice licensed pursuant to Article 9 of Chapter 7 of this title; and (E) Home health agency licensed pursuant to Article 7 of Chapter 7 of this title. (5) 'Health care professional' means any of the following who provide medical, dental, or other health related diagnosis, care, or treatment: (A) Physicians licensed to practice medicine under Chapter 34 of Title 43; (B) Registered nurses and licensed practical nurses licensed under Chapter 26 of Title 43; (C) Physician assistants licensed under Chapter 34 of Title 43; (D) Dentists and dental hygienists licensed under Chapter 11 of Title 43; (E) Optometrists licensed under Chapter 30 of Title 43; and (F) Pharmacists licensed under Chapter 4 of Title 26. (6) 'Hospital' means a facility licensed pursuant to Chapter 7 of this title. (7) 'Program' means the drug repository program established pursuant to Code Section 31-8-301.
THURSDAY, FEBRUARY 25, 2016
1637
31-8-301. (a) The Department of Public Health shall establish a drug repository program to accept and dispense over-the-counter and prescription drugs donated for the purpose of being dispensed to eligible patients. (b) Drugs shall only be dispensed pursuant to the program if:
(1) For prescription drugs, they do not expire before the completion of the medication by the eligible patient based on the prescribing health care professional's directions for use and, for over-the-counter drugs, they do not expire before use by the eligible patient based on the directions for use on the manufacturer's label; and (2) The drugs were donated in unopened tamper-evident packaging as defined by United States Pharmacopeia General Chapter 659, Packaging and Storage Requirements, including but not limited to unopened unit-dose and multiple-dose packaging. (c) The following drugs shall not be donated to the program: (1) Controlled substances; (2) Drugs subject to a federal Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code if inventory transfer is prohibited by such strategy; or (3) Drugs that there is reason to believe are adulterated pursuant to Code Section 263-7.
31-8-302. (a) Any person, including a drug manufacturer, wholesaler, reverse distributor pharmacy, third-party logistics provider, government entity, hospital, or health care facility, may donate over-the-counter and prescription drugs to the program. The drugs shall be donated to an eligible recipient that voluntarily elects to participate in the program. Nothing in this or any other Code section shall require an eligible recipient to participate in the program. (b) An eligible recipient may do any of the following:
(1) Accept and dispense donated drugs to eligible patients. Prescription drugs shall only be dispensed pursuant to a valid prescription drug order. Eligible patients who are indigent, uninsured, underinsured, or enrolled in a public assistance health benefits program in accordance with criteria established by the Department of Public Health pursuant to Code Section 31-8-304 shall be prioritized over other individuals; (2) Transfer donated drugs to another eligible recipient participating in the program or to a drug repository program operated by another state; (3) Repackage donated drugs as necessary for dispensing, administration, or transfers; and (4) Replenish drugs previously dispensed or administered to eligible patients. (c) An eligible recipient that accepts donated drugs shall comply with all applicable federal laws and laws of this state dealing with storage and distribution of dangerous drugs and shall inspect all drugs prior to dispensing them to determine that they are not adulterated.
1638
JOURNAL OF THE HOUSE
(d) An eligible recipient may charge a handling fee established in accordance with rules and regulations adopted by the Department of Public Health pursuant to Code Section 31-8-304; provided, however, that any such fee shall not exceed the reasonable costs of participating in the program. (e) Drugs donated to the program shall not be resold; provided, however, that reimbursement for any fee charged as authorized pursuant to this article by a health plan or pharmacy benefits manager for donated drugs shall not constitute reselling. Nothing in this article shall require a health plan or pharmacy benefits manager to be reimbursed for donated drugs.
31-8-303. When complying with the provisions of this article and the rules and regulations adopted pursuant to this chapter, unless an action or omission constitutes willful or wanton misconduct, the following persons or entities shall not be subject to criminal or civil prosecution, criminal or civil liability for injury, death, or loss to person or property, other criminal or civil action, or disciplinary actions by licensing, professional, or regulatory agencies:
(1) A person that donates or gives drugs to an eligible recipient, including a drug manufacturer, wholesaler, reverse distributor pharmacy, third-party logistics provider, government entity, hospital, or health care facility; (2) An eligible recipient; (3) A health care professional who prescribes or dispenses a donated drug; (4) The Department of Public Health and State Board of Pharmacy; (5) An intermediary that helps administer the program by facilitating the donation or transfer of drugs to eligible recipients; (6) A manufacturer or repackager of a donated drug; and (7) Any employee, volunteer, trainee, or other staff of individuals and entities listed in paragraphs (1) through (6) of this Code section.
31-8-304. (a) No later than January 1, 2017, the Department of Public Health shall establish rules and regulations to implement the program according to the provisions of this article for criteria for eligible recipients; standards and procedures for safely storing and dispensing donated drugs; criteria for eligible patients to receive donated drugs, including priority for patients who are indigent, uninsured, underinsured, or enrolled in a public assistance health benefits program; and handling fees that may be charged by eligible recipients to eligible patients to cover restocking, marketing, administrative, and dispensing costs. (b) The Department of Public Health may waive any provision of this article if it determines that the waiver is in the interest of public health and safety."
THURSDAY, FEBRUARY 25, 2016
1639
SECTION 2. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by repealing and reserving Article 11, the "Utilization of Unused Prescription Drugs Act," in its entirety.
SECTION 3.
Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by revising Code Section 49-4-152.5, relating to restocking fees, as follows:
"49-4-152.5. In the provision of medical assistance pursuant to this article, the department shall allow for the payment and coverage of appropriate restocking fees incurred by a pharmacy which receives and dispenses unused over-the-counter and prescription drugs pursuant to Article 11 of Chapter 4 of Title 26, the 'Utilization of Unused Prescription Drugs Act.' Article 10 of Chapter 8 of Title 31."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
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 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 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 Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 E 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
1640
JOURNAL OF THE HOUSE
Y Caldwell, M Y Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fleming Floyd
Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E 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 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 981. By Representatives Harrell of the 106th, Abrams of the 89th, Gardner of the 57th, Kaiser of the 59th, Thomas of the 56th and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to allow certain for profit corporations to participate in the indirect ownership of a home for the mentally disabled for primarily financing purposes; 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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to allow certain for profit corporations to participate in the indirect ownership of a home for the mentally disabled for primarily financing purposes; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
THURSDAY, FEBRUARY 25, 2016
1641
SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, is amended by revising paragraph (13) of subsection (a) of Code Section 48-5-41, relating to property exempt from taxation, as follows:
"(13)(A) All property of any nonprofit home for the mentally disabled used in connection with its operation when the home for the mentally disabled has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501(c)(3), as amended, and Code Section 48-7-25, and is subject to the laws of this state regulating nonprofit and charitable corporations. (B) Property exempted by this paragraph shall not include property of a home for the mentally disabled held primarily for investment purposes or used for purposes unrelated to the providing of residential or health care to the mentally disabled;. (C) For purposes of this paragraph, indirect ownership of such home for the mentally disabled through a limited liability company that is fully owned by such exempt organization shall be considered direct ownership. (D) For purposes of this paragraph, the participation of a for profit corporation or other entity or person in the indirect ownership of such home for the mentally disabled, as a member of the limited liability company or limited partner of the partnership that is the direct owner of such home, for the purpose of providing financing for the construction or renovation of such home in return for a share of any tax credits pursuant to United States Internal Revenue Code of 1986, Section 42, as amended, and which relinquishes all ownership of such home upon the completion of its obligation under the financing agreement, shall not operate to disqualify such home for the exemption under this paragraph;"
SECTION 2. The Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the entire state for approval or rejection. The Secretary of State shall conduct such election on the Tuesday next following the first Monday in November, 2016, and shall issue the call and conduct that election as provided by general law. The Secretary of State 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 each county in the state. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides an exemption from ad valorem ( ) NO taxes on homes for the mentally disabled if they include for profit
corporations in the ownership structure for financing purposes?"
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
1642
JOURNAL OF THE HOUSE
of full force and effect on January 1, 2017, and shall be applicable to all tax years beginning on or after such date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. It shall be the duty of each county election superintendent to certify the result 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.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas
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 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
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 Lott Y Lumsden Y Mabra Y Marin
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
Y Smith, E Smith, L Smith, M
Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson E 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
THURSDAY, FEBRUARY 25, 2016
1643
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gilligan Y Glanton Y Golick Y Gordon
Gravley Y Greene
Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to compensation for occupational disease, so as to include certain ordinary diseases of life attributable to the performance of the usual work of an employee within the meaning of occupational disease; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to compensation for occupational disease, is amended by revising Code Section 34-9-280, relating to definitions, as follows:
"34-9-280. As used in this article, the term:
1644
JOURNAL OF THE HOUSE
(1) 'Disablement' means the event of an employee becoming actually disabled to work, as provided in Code Sections 34-9-261, 34-9-262, and 34-9-263, because of occupational disease. (2) 'Occupational disease' means those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensation all of the following:
(A) A direct causal connection between the conditions under which the work is performed and the disease; (B) That the disease followed as a natural incident of exposure by reason of the employment; (C) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment; (D) That the disease is not an ordinary disease of life to which the general public is exposed; provided, however, that for firefighters, as defined in Code Section 25-4-2, the disease of cancer, otherwise considered an ordinary disease of life, is shown by a preponderance of the competent and credible evidence, which shall include medical evidence, to have been attributable to the firefighter's performance of his or her duties as a firefighter; and (E) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence. For the purposes of this paragraph, partial loss of hearing due to noise shall not be considered an occupational disease. Psychiatric and psychological problems and heart and vascular diseases shall not be considered occupational diseases, except where they arise from a separate occupational disease."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton
Y Cooke Y Coomer Y Cooper Y Corbett E Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson N Dickey
Y Harden N Harrell N Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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
Stephenson
THURSDAY, FEBRUARY 25, 2016
1645
E Bennett, K Y Bennett, T Y Bentley Y Benton N Beskin Y Beverly Y Blackmon N Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum E Efstration N Ehrhart N England Y Epps Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye N Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Houston Y Howard Y Hugley Y Jackson Y Jasperse N 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 Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A N Powell, J Y Price N Prince N Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw E Sims
Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner
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
Weldon Y Werkheiser Y Wilkerson N Wilkinson N Willard Y Williams, A Y Williams, C Y Williams, E N Williamson
Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 148, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 205. By Representatives Rice of the 95th and Petrea of the 166th:
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 installation of ignition interlock devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
1646
JOURNAL OF THE HOUSE
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 40 and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to drivers' licenses and ignition interlock devices as condition of probation, respectively, so as to provide for changes to licensing and driving privileges for individuals arrested for driving under the influence; to provide for the issuance of an optional ignition interlock device limited driving permit upon arrest for driving under the influence under certain circumstances; to provide for submission of a report by the Department of Driver Services; to provide for procedures, conditions, fees, and limitations for the issuance of an ignition interlock device limited driving permit; to change the time frame for requesting hearings after an arrest for driving under the influence; to provide for cancellation of restrictions upon successful completion of complying with an ignition interlock device limited driving permit; to provide for conditions of maintaining ignition interlock devices and use of such devices; to revise and correct cross-references; 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:
PART I SECTION 1-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsections (a), (c) through (e), and (g) as follows:
"(a) To whom issued. (1) Notwithstanding any contrary provision of this Code section or Code Section 405-57, or 40-5-63, or any other Code section of this chapter 40-5-75, 40-5-121, or 428-111, 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 had a suspension imposed prior to July 1, 2015, under Code Section 40-5-22 or that person's driver's license has been suspended in accordance with 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
THURSDAY, FEBRUARY 25, 2016
1647
judge, in his or her discretion, decides it is reasonable to issue a limited driving permit. (2) Any person whose driver's license has been suspended as a result of a second conviction for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, may apply for an ignition interlock limited driving permit after serving at least 120 days of the suspension required for such conviction and providing either a certificate of eligibility from a drug court program in the court in which he or she was convicted of the offense for which such suspension was imposed or by submitting proof of enrollment in clinical treatment as provided in Code Section 40-5-63.1. No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 shall be eligible for a limited driving permit, an ignition interlock device limited driving permit, or any other driving privilege for a period of one year. (3) To the extent a person is subject to more than one suspension for which a limited driving permit may be issued, the department shall not issue such permit unless the suspensions are for a conviction for driving under the influence in violation of Code Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative suspension imposed pursuant to paragraph (1) of subsection (a) of Code Section 40-567.2 arising from the same incident." "(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from: (1) Going to his or her place of employment or performing the normal duties of his or her occupation; (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 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
1648
JOURNAL OF THE HOUSE
(7) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain 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 imposed prior to July 1, 2015, 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. (d) Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; and (4.1) The installation and use of an ignition interlock device in accordance with Article 7 of Chapter 8 of Title 42, which shall be required for any permittee who is applying for an ignition interlock limited driving permit; and (5) Such other restrictions as the department may require. (e) Fees, duration, renewal, and replacement of limited driving permit. (1) A limited driving permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, or upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the
THURSDAY, FEBRUARY 25, 2016
1649
department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation administrative driver's license suspension form or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. Permits Limited driving permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Permits Limited driving permits may be renewed until the person has his or her license reinstated for the violation that was the basis of the issuance of the limited driving permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed limited driving permit issued to him or her. (2) An ignition interlock device limited driving permit shall be valid for a period of one year. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the permit may be renewed for additional periods of two months as provided in paragraph (1) of this subsection." "(g) Revocation of limited driving permit. (1)(A) Any limited driving permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any limited driving permittee who is convicted of violating the conditions endorsed on his or her limited driving permit shall have his or her such permit revoked by the department. Any court in which such conviction is had shall require the such permittee to surrender the his or her limited driving 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.
(B) Upon receipt of notice from the Department of Behavioral Health and Developmental Disabilities that a permittee who is required to complete a substance abuse treatment program pursuant to Code Section 40-5-63.1 enrolled in but failed to attend or complete such program as scheduled, the department shall revoke such person's limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing. (C) Upon receipt of notice from a provider center for ignition interlock devices that an ignition interlock device which a permittee is required to use has been tampered with or the permittee has failed to report for monitoring of such device as required by law, the department shall revoke such permittee's limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective
1650
JOURNAL OF THE HOUSE
date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing. (2) 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. In any case of revocation of a limited driving permit pursuant to subparagraph (A) of paragraph (1) of this subsection, the department may impose an additional period of suspension for the conviction upon which revocation of the permit was based."
SECTION 1-2. Said chapter is further amended by adding a new Code section to read as follows:
"40-5-64.1. (a) To whom issued.
(1) 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 and whose driver's license is subject to an administrative driver's license suspension pursuant to subsections (c) and (d) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department. (2) Any person whose driver's license has been suspended as a result of a second conviction for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, may apply for an ignition interlock device limited driving permit after serving at least 120 days of the suspension required for such conviction. (b) Application form. Applications for ignition interlock device limited driving permits shall be made upon such forms as the commissioner may prescribe. All applications shall be signed by the applicant before a person authorized to administer oaths. (c) Standards for approval. (1) The department shall issue an ignition interlock device limited driving permit for a fee of $25.00 and:
(A) For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph (1) of subsection (a) of this Code section:
(i) Within 30 days from the date on which notice was given pursuant to subsection (g) of Code Section 40-5-67.1; (ii) Upon surrender of the applicant's driver's license; and (iii) Upon the applicant's execution of an affidavit attesting that the hearing afforded under subsection (g) of Code Section 40-5-67.1 has been waived; or (B) For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph (2) of subsection (a) of this Code section, upon the
THURSDAY, FEBRUARY 25, 2016
1651
submission of either a certificate of eligibility from a drug court program in the court in which he or she was convicted of the offense for which such suspension was imposed or the submission of proof of enrollment in a substance abuse treatment program as provided in Code Section 40-5-63.1 and the surrender of his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the administrative driver's license suspension form or conviction. (2) No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 shall be eligible for a limited driving permit or any other driving privilege for a period of one year. (d) Duration, renewal fees, and replacement of ignition interlock device limited driving permit.
(1) An ignition interlock device limited driving permit issued pursuant to this Code section shall become invalid upon the expiration of one year following issuance thereof or upon any earlier reinstatement of the driver's license. (2) Ignition interlock device limited driving permits issued pursuant to this Code section shall be renewable upon payment of a renewal fee of $5.00. Such permits may be renewed for additional periods of two months and until the person has his or her license reinstated. (3) Upon payment of a fee in the same amount as that provided by Code Section 405-25 for the issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed ignition interlock device limited driving permit previously issued to him or her. (e) Revocation of ignition interlock device limited driving permit.
(1)(A) Any permittee eligible for an ignition interlock device limited driving permit pursuant to paragraph (1) of subsection (a) of this Code section who is convicted of violating Code Section 40-6-391 shall have his or her permit revoked by the department. Any court in which such conviction is had shall require such permittee to surrender the ignition interlock device limited driving 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. (B) The department shall revoke the ignition interlock device limited driving permit of any permittee who is required to complete a substance abuse treatment program pursuant to Code Section 40-5-63.1 and enrolled but failed to attend or complete such program as scheduled upon receipt of notice of such information from the Department of Behavioral Health and Developmental Disabilities. The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing. (C) The department shall revoke the ignition interlock device limited driving permit of a permittee upon receipt of notice from an ignition interlock device service
1652
JOURNAL OF THE HOUSE
provider that an ignition interlock device has been tampered with or a permittee has failed to report for monitoring as required by law. (2) The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing. (3) Any person whose ignition interlock device limited driving permit has been revoked for the first time shall not be eligible to apply for a driver's license until 12 months from the date such permit was surrendered to the department. Any person whose ignition interlock device limited driving permit has previously been revoked shall not be eligible to apply for a driver's license until two years from the date such permit was surrendered to the department. (f) Hearings. Any person whose ignition interlock device limited driving permit has been revoked or who has been refused such permit by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with such chapter. (g) Rules and regulations. The commissioner may promulgate rules and regulations as are necessary to implement this Code section. (h) Penalty. Any permittee who operates a motor vehicle in violation of an ignition interlock device limited driving permit shall be guilty of a misdemeanor.
40-5-64.2. (a) The commissioner shall submit a report to the Senate Public Safety Committee and the House Committee on Motor Vehicles detailing the annual number of optional ignition interlock device limited driving permits issued under paragraph (1) of subsection (a) of Code Section 40-5-64.1. Such report shall be made no later than the last day of December of each year. (b) This Code section shall stand repealed on January 1, 2019."
SECTION 1-3. Said chapter is further amended by revising subsection (b) of Code Section 40-5-67, relating to seizure and disposition of driver's license of persons charged with driving under the influence, as follows:
"(b)(1) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows:
(1)(A) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 45 day temporary driving permit; (2)(B) If the driver's license is required to be suspended under Code Section 40-567.1, the officer shall issue a 30 45 day temporary driving permit; or
THURSDAY, FEBRUARY 25, 2016
1653
(3)(C) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit. (2) A This temporary driving permit issued under this subsection shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of the such temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the a temporary driving permit may be delayed."
SECTION 1-4. Said chapter is further amended in Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspensions and denials, and right to a hearing and review, by revising paragraph (1) of subsection (f) and paragraphs (1), (3), and (4) of subsection (g) as follows:
"(f)(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 45 day temporary driving permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary driving permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section." "(g)(1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code section shall remit to the department a $150.00 filing fee together with a request, in writing, for a hearing within ten business 30 days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. The issuance of an ignition interlock device limited driving permit to a person eligible for such permit under paragraph (1) of subsection (a) of Code Section 40-5-64.1 shall constitute a waiver of the right to a hearing under this subsection. Within 30 days after receiving a written request for a
1654
JOURNAL OF THE HOUSE
hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded." "(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualification. If no hearing is requested within the ten business 30 days specified above in paragraph (1) of this subsection, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The issuance of an ignition interlock device limited driving permit to a person eligible for such permit under paragraph (1) of subsection (a) of Code Section 40-5-64.1 shall constitute a waiver of the right to a hearing under this subsection. The request for a hearing shall not stay the suspension of the driver's license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made. (4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record, and if such person had obtained an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section 40-5-64.1, then the permit shall be revoked and the driver's license shall be reinstated without a fee. An accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver's license restoration fee shall be promptly returned by the department to the licensee."
SECTION 1-5. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as condition of probation, is amended in Code Section 42-8110, relating to definitions, by revising subsection (b) as follows:
"(b) As used in this article, the term 'provider center' means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court or as required in order to maintain an ignition interlock device limited driving permit in accordance with Code Section 40-564.1."
SECTION 1-6. Said article is further amended by adding a new Code section to read as follows:
"42-8-110.1. (a) Any person arrested for violating Code Section 40-6-391 with no previous conviction of and no previous plea of nolo contendere accepted to a charge of violating such Code section within the previous five years, as measured from the dates of
THURSDAY, FEBRUARY 25, 2016
1655
previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, may apply for an ignition interlock device limited driving permit in accordance with Code Section 40-5-64.1. For purposes of determining previous convictions under this subsection, a person who has been convicted of a crime under the laws of any other state or territory of the United States which, if committed in this state, would be a violation of Code Section 40-6-391 shall be deemed to have a prior conviction. (b) Issuance of an ignition interlock device limited driving permit in accordance with subparagraph (c)(1)(A) of Code Section 40-5-64.1 shall constitute a waiver of the right to a hearing under subsection (g) of Code Section 40-5-67.1 and shall serve as notice of suspension of a driver's license. (c) Any person qualified under this Code section to be issued an ignition interlock device limited driving permit shall, upon issuance thereof, have installed and shall maintain in any motor vehicle to be driven by such person for a period of not less than four months a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period. (d) The restriction for maintaining and using an ignition interlock device shall be cancelled by the department upon payment to the department of a $100 fee or $90 when such fee is processed by mail and upon successful completion of four months of monitoring of an ignition interlock device; provided, however, that the restriction shall remain in effect for 12 months for any person who refused to submit to a test under Code Section 40-5-67.1. (e) Any ignition interlock device limited driving permit issued shall bear a restriction reflecting that the person shall only operate a motor vehicle equipped with a functional ignition interlock device. (f) The fee for issuance of an ignition interlock device limited driving permit shall be as prescribed in Code Section 40-5-64.1."
SECTION 1-7. Said article is further amended in Code Section 42-8-111, relating to court issuance of certificate for installation of ignition interlock devices, exceptions, and fees, by revising subsections (a), (d), and (e) as follows:
"(a) Upon a second or subsequent conviction of a resident of this state for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which such person is granted probation, the court shall issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license, subject to the following conditions:
(1) Such person shall have installed and shall maintain in each motor vehicle registered in such person's name for a period of not less than one year a functioning, certified ignition interlock device; (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person for a period of not less than one year a functioning, certified
1656
JOURNAL OF THE HOUSE
ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the permit may be renewed for additional periods of two months as provided in paragraph (1) of subsection (e) (d) of Code Section 40-5-64 40-5-64.1; and (3) Such person shall participate in a substance abuse treatment program as defined in paragraph (16.2) of Code Section 40-5-1 or a drug court program in compliance with Code Section 15-1-15 for a period of not less than 120 days. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction; and a conviction of any offense under the law of another laws of any other state or territory substantially conforming to any offense under of the United States which, if committed in this state, would be a violation of Code Section 40-6-391 shall be deemed a conviction of violating said such Code section." "(d) Except as provided in Code Section Sections 42-8-110.1 and 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law. (e) The fee for issuance of any driver's license indicating that use of an ignition interlock device is required shall be as prescribed for a regular driver's license in Code Section 40-5-25, and the fee for issuance of any limited driving permit indicating that use of an ignition interlock device is required shall be as prescribed for a limited driving permit in Code Section 40-5-64 40-5-64.1; except that, for habitual violators required to use an ignition interlock device as a condition of a probationary license, the fee shall be as prescribed for a probationary license in Code Section 40-5-58."
SECTION 1-8. Said article is further amended in Code Section 42-8-112, relating to timing for issuance of ignition interlock device limited driving permit and documentation and reporting requirements, by revising paragraph (1) of subsection (d) as follows:
"(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 permit 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 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."
THURSDAY, FEBRUARY 25, 2016
1657
PART II SECTION 2-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-22, relating to minimum ages for licenses and limited driving permits, by revising subsection (d) as follows:
"(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 and paragraph (1) of subsection (a) of Code Section 40-5-64.1."
SECTION 2-2. Said chapter is further amended in Code Section 40-5-39, relating to endorsements on licenses of limousine chauffeurs, by revising paragraph (2) of subsection (b) as follows:
"(2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64 or 40-5-64.1;"
SECTION 2-3. Said chapter is further amended in Code Section 40-5-63, relating to periods of suspension and conditions for return of a license, by revising paragraph (2) of subsection (a) as follows:
"(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be three years. At the end of 120 days, the person may apply to the department for reinstatement of his or her driver's license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, provides proof of installation and maintenance of an ignition interlock device for a period of one year coinciding with the issuance of an ignition interlock device limited driving permit as
1658
JOURNAL OF THE HOUSE
provided in Code Section 40-5-64 40-5-64.1 unless waived due to financial hardship, and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or"
SECTION 2-4. Said chapter is further amended in Code Section 40-5-66, relating to appeals from decisions of the department, by revising subsection (a) as follows:
"(a) Except as provided in subsection (h) of Code Section 40-5-67.1, and subsection (h) of Code Section 40-5-64, and subsection (f) of Code Section 40-5-64.1, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance."
SECTION 2-5. Said chapter is further amended in Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1, by revising subsection (d) as follows:
"(d) Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-391 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, during the period of administrative suspension contemplated under this chapter, shall be entitled to a limited driving permit or an ignition interlock device limited driving permit as provided in Code Section Sections 40-5-64 and 40-5-64.1."
SECTION 2-6. Said chapter is further amended in Code Section 40-5-76, relating to judicial restoration of a driver's license or issuance of a limited driving permit, by revising subsection (a) as follows:
"(a) A judge presiding in a drug court division, mental health court division, or veterans court division may order the department to restore a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75, suspend such license, issue a defendant an ignition interlock device limited driving
THURSDAY, FEBRUARY 25, 2016
1659
permit in accordance with Code Section 40-5-64.1, or issue a defendant a limited driving permit in accordance with the provisions set forth in subsections (c) and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances as a reward or sanction to the defendant's behavior in such court division. The court shall determine what fees, if any, shall be paid to the department for such reward or sanction, provided that such fee shall not be greater than the fee normally imposed for such services."
PART III SECTION 3-1.
This Act shall become effective on January 1, 2017.
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 N Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson
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 N Dunahoo Y Duncan Y Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier
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 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 Lott
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer N Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 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
1660
JOURNAL OF THE HOUSE
E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E 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 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 919. By Representatives Duncan of the 26th, Shaw of the 176th, Houston of the 170th, Cheokas of the 138th, Greene of the 151st and others:
A BILL to be entitled an Act to amend Titles 31 and 48 of the Official Code of Georgia Annotated, relating to health and revenue and taxation, respectively, so as to approve rural health care organizations which provide health care services to underserved areas in this state; to provide for definitions; to provide for tax credits for contributions to rural health care organizations; to provide for the amount, nature, limits, and procedures for such tax credits; to provide for related matters; 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 Titles 31 and 48 of the Official Code of Georgia Annotated, relating to health and revenue and taxation, respectively, so as to approve rural health care organizations which provide health care services to underserved areas in this state; to provide for definitions; to provide for tax credits for contributions to rural health care organizations; to provide for the amount, nature, limits, and procedures for such tax credits; to provide for related matters; to provide for automatic repeal; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
THURSDAY, FEBRUARY 25, 2016
1661
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Code section to Article 1 of Chapter 8, relating to hospital care for the indigent generally, to read as follows:
"31-8-9.1. (a) As used in this Code section, the term 'rural health care organization' means an organization that:
(1) Is located in a rural county; (2) Participates in both Medicaid and medicare and accepts both Medicaid and medicare patients; (3) Provides health care services to indigent patients; (4) Receives at least 10 percent of its net revenue from uncompensated care; (5) Is a not for profit organization; (6) Has a local board of directors; (7) Is current with all audits and reports required by law; and (8) Annually files IRS Form 990, Return of Organization Exempt From Income Tax, with the Department of Public Health; or (9) Is a critical access hospital as defined in paragraph (3) of Code Section 33-21A-2 that annually files IRS Form 990, Return of Organization Exempt From Income Tax, with the Department of Public Health. (b) The Department of Public Health shall approve and maintain a list of rural health care organizations eligible to receive contributions from the tax credit provided pursuant to Code Section 48-7-29.20 and may adopt regulations as necessary to implement the provisions of this Code section."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to Article 2 of Chapter 7, relating to imposition, rate, and computation of income taxes and exemptions, to read as follows:
"48-7-29.20. (a) As used in this Code section, the term:
(1) 'Qualified rural health care organization expense' means the contribution of funds by an individual or corporate taxpayer during the tax year for which a credit under this Code section is claimed to a rural health care organization for the benefit of such organization. (2) 'Rural health care organization' means an organization that is approved by the Department of Public Health pursuant to Code Section 31-8-9.1. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for contributions in support of a rural health care organization as follows: (1) In the case of a single individual or a head of household, 80 percent of the actual amount expended or $2,500.00 per tax year, whichever is less; or (2) In the case of a married couple filing a joint return, 80 percent of the actual amount expended or $5,000.00 per tax year, whichever is less.
1662
JOURNAL OF THE HOUSE
(c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified rural health care organization expenses in an amount not to exceed 80 percent of the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less. (d) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability.
(e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $250 million per tax year. (2) The commissioner shall allow the tax credits on a first come, first served basis. (3) For the purposes of paragraph (1) of this subsection, a rural health care organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a rural health care organization, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of contributions that the taxpayer intends to make to the rural health care organization. The commissioner shall preapprove or deny the requested amount within 30 days after receiving the request from the taxpayer and shall provide written notice to the taxpayer and the rural health care organization of such preapproval or denial which shall not require any signed release or notarized approval by the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the contribution to the rural health care organization within 60 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limit prescribed in paragraph (1) of this subsection. The department shall establish a web based donation approval process to implement this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection. The department shall maintain an ongoing, current list on its website of the amount of tax credits available under this Code section. (5) Notwithstanding any laws to the contrary, the department shall not take any adverse action against donors to rural health care organizations if the commissioner preapproved a donation for a tax credit prior to the date the rural health care organization is removed from the Department of Public Health list pursuant to Code Section 31-8-9.1, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with paragraph (3) of this subsection. (f) In order for the taxpayer to claim the tax credit under this Code section, a letter of confirmation of donation issued by the rural health care organization to which the contribution was made shall be attached to the taxpayer's tax return. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the return is transmitted to the department. In the event the taxpayer
THURSDAY, FEBRUARY 25, 2016
1663
files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. The letter of confirmation of donation shall contain the taxpayer's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit. (g) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer as a charitable contribution to a bona fide charitable organization qualified under Section 501(c)(3) of the Internal Revenue Code. (h) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (i) This Code section shall stand automatically repealed on December 31, 2020."
SECTION 3. This Act shall be applicable to all taxable years beginning on or after January 1, 2017.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Duncan of the 26th and Powell of the 171st offer the following amendment:
Amend the substitute to HB 919 (LC 34 4878S) by deleting "$250" on line 59 and inserting "$100" in lieu thereof.
Pursuant to Rule 133, Representative Spencer of the 180th was excused from voting on HB 919.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K
Y Cooke Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre
Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall
1664
JOURNAL OF THE HOUSE
N Bennett, T Y Bentley Y Benton Y Beskin N Beverly Y Blackmon
Broadrick Y Brockway N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson E Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dollar N Douglas N Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan N Ealum E Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming
Floyd Fludd N Frazier Y Frye N Gardner Y Gasaway Y Gilligan N Glanton Y Golick N Gordon Y Gravley Y Greene
N Howard N Hugley N Jackson 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 Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J N Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw E Sims
N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. N Thomas, E Y 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 amendment, the ayes were 114, nays 52.
The amendment was adopted.
House of Representatives Coverdell Legislative Office Building
Room 607-C Atlanta, Georgia 30334
February 25, 2016
I, Representative Patty Bentley, voted in error yes to the amendment of HB 919. My intent was to vote no for the amendment and yes for the actual BILL.
/s/ Patty Bentley
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
THURSDAY, FEBRUARY 25, 2016
1665
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 Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson E Carter, A Y Carter, D 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 Y Dickey Y Dickson Y Dollar N Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum E Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye N Gardner Y Gasaway Y Gilligan Y Glanton Y Golick N Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw E Sims
N Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre
Spencer N 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
Thomas, A.M. Y Thomas, E Y 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 passage of the Bill, by substitute, as amended, the ayes were 137, nays 30.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 802. By Representatives Teasley of the 37th, Tankersley of the 160th, Williams of the 119th, Ehrhart of the 36th, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to revise the deduction from income for contributions to savings trust
1666
JOURNAL OF THE HOUSE
accounts established pursuant to Article 11 of Chapter 3 of Title 20; 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:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson E Carter, A Y Carter, D 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 E Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum E Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 25, 2016
1667
HB 939. By Representatives Price of the 48th, Fleming of the 121st, Tankersley of the 160th, Brockway of the 102nd, Willard of the 51st and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to revise terms; to revise the procedures for the transfer of setoffs by the Administrative Office of the Courts to the court to whom the debt is owed; to correct references; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson E Carter, A Y Carter, D 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 E Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum E Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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
1668
JOURNAL OF THE HOUSE
On the passage of the Bill, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 911. By Representatives Duncan of the 26th, Watson of the 172nd, Harrell of the 106th, Buckner of the 137th, Powell of the 171st 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 sales and use tax, so as to provide for administration by the Department of Revenue of the exemption for agricultural machinery and equipment; to provide for a change to the qualifying amounts for the agricultural exemption; to provide for the separation of qualifying items at the point of sale; 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:
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 sales and use tax, so as to provide for cooperation by the Department of Revenue and the Department of Agriculture in the administration and enforcement of the state sales tax exemption for agricultural machinery and equipment; to provide for a change to the qualifying amounts for the agricultural exemption; to provide for the separation of qualifying items at the point of sale; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use tax, is amended by revising paragraph (5) of subsection (a) and subsections (c) through (f) of Code Section 48-8-3.3, relating to the sales and use tax exemption for agricultural machinery and equipment, as follows:
"(5) 'Qualified agricultural producer' includes producers of agricultural products who meet one of the following criteria:
(A) The person or entity is the owner or lessee of agricultural land or other real property from which $2,500.00 $10,000.00 or more of agricultural products in aggregate were produced and sold during the year, including payments from government sources;
THURSDAY, FEBRUARY 25, 2016
1669
(B) The person or entity is in the business of performing agricultural operations and has provided $2,500.00 $10,000.00 of such services during the year; (C) The person or entity is in the business of producing long-term agricultural products from which there might not be annual income, including, but not limited to, timber, pulpwood, orchard crops, pecans, livestock, and horticultural or other multiyear agricultural or farm products. Applicants must demonstrate that sufficient volumes of such long-term agricultural products will be produced which have the capacity to generate in aggregate at least $2,500.00 $10,000.00 in annualized sales annually in the future; or (D) The person or entity must establish, to the satisfaction of the Commissioner of Agriculture, that the person or entity is actively engaged in the production of agricultural products and has or will have created sufficient volumes to generate in aggregate at least $2,500.00 $10,000.00 in sales annually." "(c) The Commissioner of Agriculture shall require applicants to acknowledge and produce, upon request, at least one of the following forms to determine eligibility under this Code section: (1) Business activity on IRS schedule F (Profit or Loss from Farming); (2) Farm rental activity on IRS form 4835 (Farm Rental Income and Expenses) or schedule E (Supplemental Income and Loss); (3) IRS Form 4797; (4) IRS Form 1065; or (5) IRS Form 1120 or 1120(s). (d)(1) Qualified agricultural producers that meet the criteria provided for in paragraph (5) of subsection (a) of this Code section must apply to the Commissioner of Agriculture to request an agricultural sales and use tax exemption certificate that contains an exemption number. Upon request, the qualified agricultural producer shall also produce the form or forms requested by the Commissioner of Agriculture under subsection (c) of this Code section to the commissioner. (2) The Commissioner of Agriculture shall not issue or renew an agricultural sales and use tax exemption until the agricultural producer requesting such certificate has provided the Commissioner of Agriculture with a valid state taxpayer identification number obtained through the Department of Revenue's Georgia Tax Center. (3) Any agricultural sales and use tax exemption certificate issued or renewed on or after July 1, 2016, shall be valid for three years. In order to have staggered renewal dates for such three-year certificates, the Commissioner of Agriculture shall, by rules and regulations, establish a schedule for the orderly renewal of existing certificates and shall prorate the application or renewal fee specified in paragraph (3) of subsection (e) of this Code section for the initial period, if less than three years, so renewed. (4) To facilitate the use of the exemption certificate, a wallet-sized card containing that same the information required by paragraphs (1) and (2) of this subsection shall also be issued by the Commissioner of Agriculture.
1670
JOURNAL OF THE HOUSE
(e)(1) The Commissioner of Agriculture is and the commissioner are authorized to promulgate cooperate in the promulgation of rules and regulations governing the issuance of agricultural exemption certificates and the administration and enforcement of this Code section. The rules and regulations shall contain a provision requiring the seller of products to separately identify on an invoice, receipt, or other proof of purchase those items exempt from taxation under this Code section from those items subject to taxation. At the time of the sale of items for which an exemption is claimed, the seller shall record the purchaser's tax exemption certificate number and his or her name, and such information shall be retained with the details of the sale. (2) The seller shall, on the Department of Agriculture's website, verify the continuing validity of the qualified agricultural producer's tax exemption certificate number the first time it is used in a calendar year. If an attempt is made to use an invalid tax exemption certificate, the seller shall notify the Commissioner of Agriculture who, after verifying that the tax exemption certificate is invalid and subject to notice and a hearing in accordance with Chapter 13 of Title 50, shall revoke the certificate. Any agricultural producer who has had his or her certificate revoked pursuant to this paragraph shall not be issued a new certificate until the expiration of three years from the date of such revocation. (3) The Commissioner of Agriculture is authorized to establish an oversight board and direct staff and is authorized to charge annual fees a fee of not less than $15.00 nor more than $25.00 $150.00 per year in accordance with Code Section 2-1-5, but in no event shall the total amount of the proceeds from such fees exceed the cost of administering this Code section three-year issuance or renewal. (f)(1) The commissioner is authorized to promulgate rules and regulations as necessary to facilitate compliance with and the administration of the provisions of this Code section. The department, in conjunction with the Department of Agriculture, is authorized to conduct audits, as necessary, to monitor compliance with the provisions of this Code section. (2) The department and the Department of Agriculture shall, and are hereby authorized to, share information that is necessary to efficiently administer and enforce the provisions of this Code section. Any information shared for these purposes shall be considered confidential and privileged information, and furnishing information as permitted by this Code section shall not be deemed to change the confidential character of the information furnished. Any person who divulges any confidential information obtained under this Code section shall be subject to the same civil and criminal penalties as provided for divulgence of confidential information by members of the department."
SECTION 2. This Act shall become effective on January 1, 2017.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
THURSDAY, FEBRUARY 25, 2016
1671
The following amendment was read and adopted:
Representatives Duncan of the 26th and Powell of the 171st offer the following amendment:
Amend the substitute to HB 911 (LC 34 4877S) by deleting "$10,000.00" on lines 17, 21, 27, and 32 and inserting in lieu thereof "$7,500.00".
By adding after "year." on line 72 the following: If the seller does not have Internet access, he or she shall verity the validity of the tax exemption certificate number using a toll-free telephone number established by the Commissioner of Agriculture for such purpose.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson E Carter, A Y Carter, D
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 E Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum E Efstration
Ehrhart Y England Y Epps Y Evans
Fleming Floyd Y Fludd Y Frazier Y Frye Y Gardner
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 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 Lott Y Lumsden Y Mabra
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T
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 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
1672
JOURNAL OF THE HOUSE
Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E 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, as amended, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Resolutions of the House were read and adopted:
HR 1529. By Representative Dollar of the 45th:
A RESOLUTION commending and congratulating Grant Anderson; and for other purposes.
HR 1530. By Representatives Gilligan of the 24th, Duncan of the 26th, Cantrell of the 22nd, Dudgeon of the 25th and Tanner of the 9th:
A RESOLUTION recognizing and commending Hannah Testa upon being honored with a 2016 Prudential Spirit of Community Award; and for other purposes.
HR 1531. By Representatives Smith of the 134th, Parrish of the 158th, Stephens of the 164th, Duncan of the 26th, Epps of the 144th and others:
A RESOLUTION recognizing February 26, 2016, as "Community Health Centers Day" and commending the Georgia Association for Primary Health Care; and for other purposes.
HR 1532. By Representatives Burns of the 159th, Tankersley of the 160th, Parrish of the 158th and Ramsey of the 72nd:
A RESOLUTION recognizing and commending the Georgia Southern University Eagles; and for other purposes.
HR 1533. By Representatives Thomas of the 39th, Bentley of the 139th, Smith of the 41st, Jones of the 53rd, Kendrick of the 93rd and others:
THURSDAY, FEBRUARY 25, 2016
1673
A RESOLUTION recognizing Ms. Frances Oneymaechi Udukwu, the reigning Miss Africa USA; and for other purposes
HR 1534. By Representatives Dunahoo of the 30th, Nix of the 69th, Caldwell of the 131st, Battles of the 15th, Chandler of the 105th and others:
A RESOLUTION recognizing March 8, 2016, as Children's Day at the state capitol; and for other purposes.
HR 1535. By Representatives Scott of the 76th, Waites of the 60th, Jordan of the 77th, Glanton of the 75th, Douglas of the 78th and others:
A RESOLUTION recognizing and commending Yulonda Darden Beauford; and for other purposes.
HR 1536. By Representative Parsons of the 44th:
A RESOLUTION commending Georgia linemen and recognizing April as Georgia Lineman Appreciation Day at the state capitol; and for other purposes.
HR 1537. By Representatives Tankersley of the 160th, Burns of the 159th and Parrish of the 158th:
A RESOLUTION recognizing and commending the Waters family, Bulloch County's 2015 Conservationist of the Year; and for other purposes.
HR 1538. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION congratulating the Commerce High School wrestling team on winning their third consecutive Class A Traditional State title; and for other purposes.
HR 1539. 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 1540. By Representatives Spencer of the 180th and Corbett of the 174th:
A RESOLUTION recognizing Gabe Smith, Domonique Hargrave, Antonio Stewart, Bunmi Smith, and Raydan Wilder; and for other purposes.
1674
JOURNAL OF THE HOUSE
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 1036 Do Pass, by Substitute
Respectfully submitted, /s/ Parsons of the 44th
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 915 Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 43rd
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 685 HB 920 HB 1004 HB 1041 HB 1070
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass
HB 914 HB 957 HB 1017 HB 1052
Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute
THURSDAY, FEBRUARY 25, 2016
1675
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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 677 Do Pass, by Substitute HR 807 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
Representative Epps of the 144th 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 952 Do Pass, by Substitute
Respectfully submitted, /s/ Epps of the 144th
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
1676
JOURNAL OF THE HOUSE
HB 924 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
Representative Burns of the 159th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:30 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:30 o'clock, tomorrow morning.
FRIDAY, FEBRUARY 26, 2016
1677
Representative Hall, Atlanta, Georgia
Friday, February 26, 2016
Twenty-Ninth Legislative Day
The House met pursuant to adjournment at 9:30 o'clock, A.M., this day.
The House stood at ease.
The Speaker called the House to order.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M E Cannon Cantrell Carson E Carter, A E Carter, D Casas Chandler Cheokas E Clark, D Clark, H Clark, V
Coleman Cooke Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner E Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick Gordon
Gravley Greene Harden Harrell Hatchett Hawkins E Henson E Hightower Hitchens Holcomb Holmes Houston Howard Hugley E Jackson Jasperse Jones, J Jones, J.B. E Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Knight LaRiccia Lott Lumsden Mabra E Marin E Martin Maxwell Mayo McCall
McClain Meadows Metze Mitchell Morris Nimmer Nix E Oliver Pak Parrish Parsons E Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey E Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper
Shaw Sims Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall E Stover Strickland Tankersley Tanner Tarvin E 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
1678
JOURNAL OF THE HOUSE
The following members were off the floor of the House when the roll was called:
Representatives Kirby of the 114th, Mosby of the 83rd, Smyre of the 135th, Stephenson of the 90th, and Weldon of the 3rd.
They wished to be recorded as present.
Prayer was offered by Reverend Dr. Carol E. Dixon, Kainos Ministries International, 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.
The following communication was received:
House of Representatives District 53
February 26, 2016
Mr. Reilly:
On Feb. 25, 2016, I was not present on the House Floor during the roll call. It was necessary that I handle some matters outside the chamber.
Please count me as present.
Thank you,
/s/ Sheila Jones
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.
FRIDAY, FEBRUARY 26, 2016
1679
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bill and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1097. By Representatives Yates of the 73rd, Fludd of the 64th, Mabra of the 63rd and Ramsey of the 72nd:
A BILL to be entitled an Act to amend an Act providing for the compensation and expenses of the chairperson and members of the Board of Education of Fayette County, approved March 30, 1993 (Ga. L. 1993, p. 4308), so as to increase the compensation of the chairperson and members of the Fayette County Board of Education; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1526. By Representatives Spencer of the 180th and Corbett of the 174th:
A RESOLUTION honoring the life of Mr. Colquitt George "C.G." Russell and dedicating an interchange in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1527. By Representative Parsons of the 44th:
A RESOLUTION encouraging the enactment of a Regulation Freedom Amendment to the Constitution of the United States by the United States Congress; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
1680
JOURNAL OF THE HOUSE
HR 1528. By Representative McCall of the 33rd:
A RESOLUTION honoring the life of Mr. Jesse Rouse and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1093 HB 1095 HR 1508 HR 1510 HR 1512 HR 1523 HR 1525 SB 350
HB 1094 HB 1096 HR 1509 HR 1511 HR 1513 HR 1524 SB 312 SR 558
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 1002 HB 1067 HB 1081 HB 1083
Do Pass Do Pass Do Pass Do Pass
HB 1056 Do Pass HB 1074 Do Pass HB 1082 Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
Representative Coomer of the 14th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
FRIDAY, FEBRUARY 26, 2016
1681
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1052 Do Pass, by Substitute
Respectfully submitted, /s/ Coomer of the 14th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR FRIDAY, FEBRUARY 26, 2016
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:
Open Rule
DEBATE CALENDAR
HB 1084
State Soil and Water Conservation Commission; measuring farm and agriculture uses of water; eliminate certain powers and duties (App-Houston-170th)
Modified Open Rule
HB 654 HB 749 HB 962
HB 1085
Tattoo studios; post notification that certain tattoos could disqualify wearer from military service; require (Substitute)(RegI-Scott-76th) State government; councils to meet by teleconference or similar means; authorize (SP&CA-Werkheiser-157th) Human Services, Department of; creation, appointment, removal, and duties of a kinship care enforcement administrator; provide (Substitute)(JuvJ-Abrams-89th) Social services; aging; transfer oversight of such services to the Department of Community Health (App-Dempsey-13th)
Modified Structured Rule
HB 498
Professions and businesses; professional counseling; revise definition (Substitute)(RegI-Hawkins-27th)
1682
JOURNAL OF THE HOUSE
HB 508 HB 736 HB 887
HB 926
HB 954 HB 959 HB 979
HB 1053
Appellate court judges; age of eligibility for certain benefits; decrease (Ret-Fleming-121st) Special license plates; marine habitat conservation; provide (Substitute)(MotV-Atwood-179th)(AM 39 0153) Courts; parental rights; prioritize placement of a child with an adult or fictive kin qualified to care for such child (Substitute) (JuvJ-Efstration-104th) Pharmacists and pharmacies; regulation of certain facilities and entities involved in the wholesale, manufacture, and distribution of drugs; provide (Substitute)(H&HS-Broadrick-4th) "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act"; enact (Substitute)(H&HS-Efstration-104th) Education; K-12; update and clarify certain provisions (Substitute) (Ed-Beskin-54th) Crimes and offenses; assault and battery; increase the punishment committed upon hospital emergency department and medical services personnel (JudyNC-Caldwell-131st) Grady County; board of education; provide that members shall be elected on a nonpartisan basis (IGC-Taylor-173rd)
Structured Rule
HB 893 HB 899
Revenue and taxation; forms of payment; change certain provisions (W&M-Powell-171st) Commerce and trade; tobacco product manufacturers; revise and add 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
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1002. By Representatives Fludd of the 64th, Jones of the 62nd, Mabra of the 63rd and Waites of the 60th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the electors of the City of College Park regarding airport noise issues; to provide for legislative purpose; to provide for procedures and
FRIDAY, FEBRUARY 26, 2016
1683
requirements relating thereto; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1056. By Representative Jasperse of the 11th:
A BILL to be entitled an Act to amend an Act creating the Pickens County Airport Authority, approved April 19, 2006 (Ga. L. 2006, p. 3645), so as to reduce the number of members; to revise the appointment and qualifications of members; to revise the election of chairperson; to revise terms by which a vacancy on the authority shall exist; 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 1067. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Greene County, approved May 16, 2007 (Ga. L. 2007, p. 3602), so as to provide for an election supervisor; to provide for the qualifications, appointment, compensation, duties, and employment of said election supervisor; 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 1074. By Representatives Reeves of the 34th, Carson of the 46th, Dollar of the 45th, Setzler of the 35th, 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, so as to change the compensation of the judges of the state court; to authorize the governing authority of Cobb County to make payments to the Trial Judges and Solicitors Retirement Fund; 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.
1684
JOURNAL OF THE HOUSE
HB 1081. By Representative Williamson of the 115th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Jersey, approved March 22, 1990 (Ga. L. 1990, p. 4484), so as to change the terms of the members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1082. By Representative Greene of the 151st:
A BILL to be entitled an Act to provide a new charter for the City of Blakely; 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.
HB 1083. By Representatives Houston of the 170th, Pirkle of the 155th and Watson of the 172nd:
A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), so as to change the office of the solicitor of the state court to a full-time position; to 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson E Hightower Y Hitchens Y Holcomb Y Holmes
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix E Oliver
Pak Y Parrish
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson
FRIDAY, FEBRUARY 26, 2016
1685
E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dickson Y Dollar Y Douglas Y Drenner E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Houston Y Howard Y Hugley E Jackson 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
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
Y Stovall E Stover Y Strickland Y Tankersley Y Tanner Y Tarvin E Taylor, D Y Taylor, T
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 Bills, the ayes were 153, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
House of Representatives Coverdell Legislative Office Building, Room 512
Atlanta, Georgia 30334
February 26, 2016
Mr. Bill Reilly Clerk of the House 309 State Capitol Atlanta, GA 30334
Dear Clerk Bill Reilly,
Today I arrived after the roll call but prior to the local calendar. When I attempted to vote my E was still on the board. I wanted to vote yes for that calendar. Please have the official record, record my correct vote.
1686
JOURNAL OF THE HOUSE
Thank you,
/s/ LaDawn Blackett Jones State Representative, District 62
House of Representatives State Capitol, Room 218 Atlanta, Georgia 30334
February 26, 2016
Mr. William Reilly Clerk of the Georgia House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk,
Earlier today I erred in voting in favor of the Local Calendar. It had been my intent to recuse myself from voting on the Local Calendar due to a personal conflict related to HB 1074. I ask that you please insert this statement into the House Journal as appropriate.
Thank you,
/s/ Rich Golick Rep. Rich Golick
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 258. By Senators Millar of the 40th and Albers of the 56th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide that the assessed value of property for a taxable year shall not be increased beyond the initial assessment value established by the board of tax assessors during an appeal of such valuation for such taxable year by the taxpayer but may be
FRIDAY, FEBRUARY 26, 2016
1687
reduced as a result of the appeal of the taxpayer; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 302. By Senators Martin of the 9th, Burke of the 11th, Unterman of the 45th, Watson of the 1st and Parent of the 42nd:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require health carriers to maintain accurate provider directories; to provide for definitions; to provide for electronic and printed provider directories; to require certain information in provider directories; to grant enforcement authority to the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 331. By Senators Thompson of the 14th, Hill of the 32nd, Cowsert of the 46th, McKoon of the 29th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 15-11-2 and Title 19 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code and domestic relations, respectively, so as to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for terminating parental rights; to revise definitions; to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for losing parental rights and is relevant in certain adoption proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 365. By Senators Shafer of the 48th, Cowsert of the 46th, Millar of the 40th, Wilkinson of the 50th, Harper of the 7th and others:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects, causes, agencies, or nonprofit corporations, so as to establish a specialty license plate for the Georgia Pet Foundation; to provide for related matters; to require a two-thirds' majority vote for passage in accordance with constitutional requirements; to repeal conflicting laws; and for other purposes.
SB 367. By Senators Kennedy of the 18th, Miller of the 49th, Dugan of the 30th, Jones of the 25th, Kirk of the 13th and others:
A BILL to be entitled an Act to provide for comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice
1688
JOURNAL OF THE HOUSE
system so as to promote an offender's successful reentry into society, benefit the public, and enact reforms recommended by the Georgia Council on Criminal Justice Reform; to repeal conflicting laws; and for other purposes.
SB 388. By Senator Lucas of the 26th:
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 prohibit the removal of a sticker without authorization; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 419. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act establishing the State Court of Wayne County (formerly the City Court of Jesup, in and for the County of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved April 28, 2001 (Ga. L. 2001, p. 4563), so as to change the salary of the judge and solicitor; 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 748. By Representatives Taylor of the 173rd, Carter of the 175th and Watson of the 172nd:
A BILL to be entitled an Act to authorize the Magistrate Court of Thomas 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 888. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to transfer probation and intake services of the Juvenile Court of Upson County to the Georgia Department of Juvenile Justice pursuant to Code Section 15-11-69 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 932. By Representatives Taylor of the 173rd, Carter of the 175th and Watson of the 172nd:
FRIDAY, FEBRUARY 26, 2016
1689
A BILL to be entitled an Act to authorize the governing authority of Thomas 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 967. By Representatives Epps of the 144th, Peake of the 141st and Dickey of the 140th:
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 modify provisions related to termination of employment before retirement; to modify provisions related to direct rollovers; to repeal conflicting laws; and for other purposes.
HB 1007. By Representative Powell of the 171st:
A BILL to be entitled an Act to provide a new charter for the City of Pelham; to provide for incorporation, boundaries, and property of the city; 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.
HB 1019. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to authorize the Magistrate Court of Upson 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 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 258. By Senators Millar of the 40th and Albers of the 56th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide that the assessed value of property for a taxable year shall not be increased beyond the initial assessment value established by the board of tax assessors during an appeal of such valuation for such taxable year by the taxpayer but may be reduced as a result of the appeal of the taxpayer; to provide for related matters; to repeal conflicting laws; and for other purposes.
1690
JOURNAL OF THE HOUSE
Referred to the Committee on Ways & Means.
SB 302. By Senators Martin of the 9th, Burke of the 11th, Unterman of the 45th, Watson of the 1st and Parent of the 42nd:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require health carriers to maintain accurate provider directories; to provide for definitions; to provide for electronic and printed provider directories; to require certain information in provider directories; to grant enforcement authority to the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 331. By Senators Thompson of the 14th, Hill of the 32nd, Cowsert of the 46th, McKoon of the 29th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 15-11-2 and Title 19 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code and domestic relations, respectively, so as to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for terminating parental rights; to revise definitions; to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for losing parental rights and is relevant in certain adoption proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 365. By Senators Shafer of the 48th, Cowsert of the 46th, Millar of the 40th, Wilkinson of the 50th, Harper of the 7th and others:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects, causes, agencies, or nonprofit corporations, so as to establish a specialty license plate for the Georgia Pet Foundation; to provide for related matters; to require a two-thirds' majority vote for passage in accordance with constitutional requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
FRIDAY, FEBRUARY 26, 2016
1691
SB 367. By Senators Kennedy of the 18th, Miller of the 49th, Dugan of the 30th, Jones of the 25th, Kirk of the 13th and others:
A BILL to be entitled an Act to provide for comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system so as to promote an offender's successful reentry into society, benefit the public, and enact reforms recommended by the Georgia Council on Criminal Justice Reform; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 388. By Senator Lucas of the 26th:
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 prohibit the removal of a sticker without authorization; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SB 419. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act establishing the State Court of Wayne County (formerly the City Court of Jesup, in and for the County of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved April 28, 2001 (Ga. L. 2001, p. 4563), so as to change the salary of the judge and solicitor; 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 Williams of the 87th, Knight of the 130th, Smith of the 134th, and Thomas of the 39th et al.
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 749. By Representatives Werkheiser of the 157th, Greene of the 151st, Harrell of the 106th, Dudgeon of the 25th, Teasley of the 37th and others:
1692
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Code Section 50-8-34 of the Official Code of Georgia Annotated, relating to councils of regional commissions, membership, terms of membership, voting, officers, and powers, so as to authorize such councils to meet by teleconference or similar means; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A
Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
Y Cooke Y Coomer
Cooper Y Corbett
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner E Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson 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
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix E Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice 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
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall E 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 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 152, nays 0.
FRIDAY, FEBRUARY 26, 2016
1693
The Bill, having received the requisite constitutional majority, was passed.
HB 1084. By Representatives Houston of the 170th, England of the 116th, Watson of the 172nd, Shaw of the 176th and Efstration of the 104th:
A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to eliminate certain powers and duties of such commission relative to measuring farm and agricultural uses of water; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to substitute the State Forestry Commission for the State Soil and Water Conservation Commission with regard to certain powers and duties relative to measuring farm and agricultural uses of water; to change certain provisions relating to the powers of the director of the State Forestry Commission concerning the adoption of rules and regulations and methods of administration; to 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson
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 E Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England N Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan N Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix E Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice
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 E 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 Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
1694
JOURNAL OF THE HOUSE
E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
N Lumsden Y Mabra E Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
N Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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 150, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 893. By Representatives Powell of the 171st, Battles of the 15th, Stephens of the 164th, Duncan of the 26th, Knight of the 130th 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 of revenue and taxation, so as to change certain provisions regarding forms of payment; to lower the threshold for requiring electronic payment of sales taxes, withholding taxes, and motor fuel distributor taxes; 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:
Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner
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 E Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix E Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger
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 E Stover Y Strickland Y Tankersley Y Tanner Y Tarvin E Taylor, D
Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
FRIDAY, FEBRUARY 26, 2016
1695
Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
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 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 979. By Representatives Caldwell of the 131st, Cooper of the 43rd, Golick of the 40th, Atwood of the 179th, Lott of the 122nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery and related offenses against persons, so as to increase the punishment for aggravated assault and aggravated battery committed upon hospital emergency department personnel and emergency medical services personnel; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
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 Harden Y Harrell Y Hatchett Y Hawkins E Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix E Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea N Pezold Y Pirkle
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 E Stover Y Strickland Y Tankersley Y Tanner
1696
JOURNAL OF THE HOUSE
Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd E Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick E Gordon Y Gravley Y Greene
Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Powell, A Y Powell, J Y Price Y Prince N Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tarvin E 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
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 147, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
HB 959. By Representatives Beskin of the 54th, Dudgeon of the 25th, Coleman of the 97th, Nix of the 69th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update and clarify certain provisions relating to K-12 education; to revise a provision relating to conflicts of interest of local board of education members; to provide that students who earn certain grades in dual enrollment courses in core subjects are exempt from taking end-of-course assessments for such courses; to authorize the sharing of data for certain program evaluation purposes; to provide for an annual review of tuition for the Georgia Virtual School; to eliminate a restriction on the Office of Student Achievement's authority to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
FRIDAY, FEBRUARY 26, 2016
1697
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update and clarify certain provisions relating to K-12 education; to revise a provision relating to conflicts of interest of local board of education members; to provide that students who earn certain grades in dual enrollment courses in core subjects are exempt from taking end-of-course assessments for such courses; to authorize the sharing of data for certain program evaluation purposes; to eliminate a restriction on the Office of Student Achievement's authority to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amending in Code Section 20-2-63, relating to prohibiting certain conflicts of interest of board members, by revising paragraph (6) of subsection (a) as follows:
"(6) No local board of education member shall be prohibited from: (A) Making making an inquiry for information on behalf of a constituent if no fee, reward, or other thing of value is promised to, given to, or accepted by the local board of education member or his or her immediate family member in return therefor; (B) Discussing any nonconfidential matters with a constituent; (C) Attending or conducting a town hall meeting; or (D) Discussing any nonconfidential matter with representatives of the media."
SECTION 2. Said title is further amended in Code Section 20-2-149.2, relating to awarding of high school diploma for completion of postsecondary programs, by revising subsection (a) as follows:
"(a) A local board of education may award a high school diploma to a student enrolled in coursework pursuant to Code Section 20-2-159.5 20-2-161.3 who:
(1) Completes rigorous coursework at a postsecondary institution which meets the requirements in paragraph (7) of Code Section 20-3-519; (2) Has completed at least the following state required ninth and tenth grade level high school courses: 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 unless exempt pursuant to paragraph (2) of subsection (f) of Code Section 20-2-281; (3) Receives a score of admission acceptable on the readiness assessment required by the postsecondary institution; and (4) Completes: (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
1698
JOURNAL OF THE HOUSE
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."
SECTION 3. Said title is further amended in Code Section 20-2-161.3, relating to the "Move on When Ready Act," by revising paragraph (3) of subsection (f) as follows:
"(3) A participating eligible high school shall be required 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 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 unless exempt pursuant to paragraph (2) of subsection (f) of Code Section 20-2-281; 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."
SECTION 4. Said title is further amended by revising paragraph (3) of subsection (e) of Code Section 20-2-210, relating to annual performance evaluations, as follows:
"(3) The department may by agreement share individual data with the Office of Student Achievement for inclusion in the state-wide comprehensive educational information system created pursuant to Code Section 20-2-320 for the purposes of evaluating educational programs and of improving postsecondary educator
FRIDAY, FEBRUARY 26, 2016
1699
preparation so long as the office agrees that it will not disclose personally identifiable information about any public school employee."
SECTION 5. Said title is further amended by revising subsections (f) and (j) of Code Section 20-2-281, relating to student assessments, as follows:
"(f)(1) 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, each such student's Individualized Education Program team shall identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act and state board regulations. (2) Students who earn a grade of A, B, or C in a dual credit course pursuant to Code Section 20-2-149.2 or 20-2-161.3 in a core subject for which an end-of-course assessment is required pursuant to paragraph (1) of this subsection shall be exempt from taking the end-of-course assessment for such core subject course." "(j) 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; provided, however, that this shall not apply to students who earn a grade of A, B, or C in a dual credit course pursuant to Code Section 20-2-149.2 or 20-2-161.3 in a core subject for which an end-of-course assessment is required pursuant to subsection (f) of this Code section."
SECTION 6. Said title is further amended by revising subsection (b) of Code Section 20-14-26.1, relating to authority of the Office of Student Achievement to incorporate a nonprofit corporation as a public foundation, as follows:
"(b) Any nonprofit corporation created pursuant to this Code section shall be subject to the following provisions:
(1) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation; (2) Upon dissolution of any such nonprofit corporation incorporated by the office, any assets shall revert to the office or to any successor to the office or, failing such succession, to the State of Georgia; (3) As used in this paragraph, the term 'direct employee costs' means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the office; (4) Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records; (5) The office shall not be liable for the action or omission to act of any such nonprofit corporation; and
1700
JOURNAL OF THE HOUSE
(6) No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and (7) Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler
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 E Frazier Y Frye Y Gardner Y Gasaway Y Gilligan
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson 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
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra E Marin Y Martin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix E Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
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
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 Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A
FRIDAY, FEBRUARY 26, 2016
1701
Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
Y Glanton Y Golick E Gordon Y Gravley Y Greene
Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 962. By Representatives Abrams of the 89th, Dempsey of the 13th, Benton of the 31st, Hugley of the 136th, Sharper of the 177th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, so as to provide for the creation, appointment, removal, and duties of a kinship care enforcement administrator; to provide 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 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, so as to provide for the creation, appointment, and duties of a kinship care enforcement administrator; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, is amended by adding a new subsection to Code Section 49-2-1, relating to department created, transfer of powers, functions, and duties of Department of Human Resources to Department of Human Services, creation, appointment, removal, and duties of commissioner of human services, to read as follows:
"(c)(1) As used in this subsection, the term: (A) 'Fictive kin' has the same meaning as set forth in Code Section 15-11-2. (B) 'Kinship caregiver' means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child under the age of 18 or fictive kin who has assumed
1702
JOURNAL OF THE HOUSE
responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the legal parents of such child losing or abdicating the ability to care for or provide basic necessities for such child. (2) There is created the position of kinship care enforcement administrator within the Department of Human Services who shall be appointed by and serve at the discretion of the commissioner of human services. The kinship care enforcement administrator shall account for, monitor, facilitate, and ensure compliance with all laws, rules, and regulations of the federal government and this state which relate to any programs, including, but not limited to, any pilot programs, subsidies, or benefits, available to kinship caregivers or the children within their care."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas
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 E Frazier Y Frye Y Gardner Y Gasaway
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson 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
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix E Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice 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 E 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
FRIDAY, FEBRUARY 26, 2016
1703
Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gilligan Y Glanton Y Golick E Gordon Y Gravley Y Greene
Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
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, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1085. By Representatives Dempsey of the 13th, England of the 116th, Parrish of the 158th, Cooper of the 43rd, Hatchett of the 150th and others:
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 transfer the oversight of such services to the Department of Community Health; to provide for the department to establish a community care unit within the Division of Medical Assistance; to delete certain provisions related to the implementation of a community care system; to provide for an annual community care plan to be incorporated into the State Plan for Medical Assistance; to change references to agency to department; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr
Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix E Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 E Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
1704
JOURNAL OF THE HOUSE
E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd E Frazier Y Frye Y Gardner
Gasaway Y Gilligan Y Glanton Y Golick E Gordon Y Gravley Y Greene
Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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.
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 clarify that persons licensed as professional counselors, social workers, and marriage and family therapists are not authorized to conduct psychological testing; to provide for legislative findings and intent; to clarify that psychological testing is part of the practice of psychology; to provide that certain licensed persons are able to perform certain tests other than psychological testing; to revise definitions; to amend Code Section 37-1-1 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 provide an effective date; to repeal conflicting laws; and for other purposes.
FRIDAY, FEBRUARY 26, 2016
1705
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that the mental health and wellness needs of Georgia's citizens require the availability of trained mental health professionals who can accurately diagnose, treat, prescribe, and appropriately assess the mental and emotional illnesses, disorders, and conditions from which they suffer and the vocational, educational, interpersonal, and intrapersonal needs essential to living and learning how to live productive and useful lives. It is the intent of the General Assembly to assure geographical and financial access for all of Georgia's citizens to excellent mental health services to the extent that Georgia's resources and regulations permit. To these ends, Georgia regulates its licensed psychiatrists, psychologists, professional counselors, marriage and family therapists, and clinical social workers who provide graduate level professional services to Georgia's private and public mental health services and to its public mental health, educational, and vocational support systems. The General Assembly seeks in such regulatory process to protect the public and assure it receives high quality and appropriate services and to define the scopes of practice and diagnostic authority for each of these professional groups consistent with the graduate level training and supervision, or its equivalent, that the members of each profession have sought and successfully completed. The General Assembly has empowered and authorized the Georgia Composite Medical Board, the State Board of Examiners of Psychologists, and the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists to fulfill these responsibilities and expects them to work together to assure a continuum of professional services that ensure appropriate diagnostic and assessment functions for each profession and the psychotherapeutic and counseling treatment services appropriate to each profession. The General Assembly recognizes that advances in medicine, science, education, training, and service delivery occur constantly in our modern history and therefore also expects the regulatory boards for each profession to assure that its licensees seek and successfully complete appropriate continuing education and training for the functions and services authorized to each profession.
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Code Section 43-10A-3, relating to definitions relative to professional counselors, social workers, and others, by revising paragraph (10) as follows:
"(10) 'Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, intrapersonal, and interpersonal concerns; utilizes counseling and psychotherapy to evaluate, diagnose, treat, and recommend a course of treatment for emotional and mental problems and conditions, whether cognitive, behavioral, or affective, provided that the counselor
1706
JOURNAL OF THE HOUSE
shall have graduate level education, training, and supervised experience, or its equivalency, working with people with mental illness, developmental disability, or substance abuse; administers and interprets educational and vocational assessment instruments and other tests which the professional counselor is qualified to employ by virtue of education, training, and experience; utilizes information, community resources, and goal setting for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment and vocational planning and guidance for persons requesting assistance in adjustment to a disability or disabling condition; utilizes referral for persons who request counseling services; performs service planning; and utilizes and interprets counseling research."
SECTION 3. Said title is further amended by revising Code Section 43-10A-22, relating to restrictions on scope of practice relative to professional counselors, social workers, and marriage and family therapists, as follows:
"43-10A-22. Nothing in this chapter shall be construed to authorize persons licensed under this chapter to practice nursing, occupational therapy, physical therapy, medicine, or psychology, as regulated under Chapters 26, 28, 33, 34, and 39, respectively, of this title nor shall anything in this chapter be construed to limit or regulate the practice of those licensed under said Chapters 26, 28, 33, 34, and 39 of this title, nor shall anything in this chapter be construed to authorize persons licensed under this chapter to perform psychological testing as defined in Code Section 43-39-1."
SECTION 4. Said title is further amended by revising Code Section 43-39-1, relating to definitions relative to psychologists, as follows:
"43-39-1. As used in this chapter, the term:
(1) 'Board' means the State Board of Examiners of Psychologists. (2) 'Mental abilities' means abilities that are psychological in nature, as opposed to physical in nature. Mental abilities include but are not limited to intelligence, cognition, attention, concentration, memory, language, abstraction, creativity, and problem solving. (3) 'Neuropsychological functioning' means the psychological manifestations of brain functioning. Neuropsychological functioning includes but is not limited to sensory motor functioning, attention, concentration, memory, language, abstraction, problem solving, visual-spatial ability, executive functioning, and personality. (2)(4) 'Neuropsychology' means the subspecialty of psychology concerned with the relationship between the brain and behavior, including the diagnosis of brain pathology through the use of psychological tests and assessment techniques.
FRIDAY, FEBRUARY 26, 2016
1707
(5) 'Personality characteristics' means personality states, traits, attitudes, emotional conditions, self-image, and motivation. (6) 'Psychological testing' means the use of assessment instruments to:
(A) Measure mental abilities, personality characteristics, or neuropsychological functioning; and (B) Diagnose, evaluate, classify, or render opinions regarding mental and nervous disorders and illnesses, including, but not limited to, organic brain disorders, brain damage, and other neuropsychological conditions. (3)(7) 'To practice psychology' means to render or offer to render to individuals, groups, organizations, or the public for a fee or any remuneration, monetary or otherwise, any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology, such as including, but not limited to, diagnosing and treating mental and nervous disorders and illnesses,; rendering opinions concerning diagnoses of mental disorders, including, but not limited to, organic brain disorders and brain damage,; engaging in neuropsychology,; engaging in psychotherapy,; interviewing, administering, and interpreting tests of mental abilities, aptitudes, interests, and personality characteristics, including, but not limited to, psychological testing, for such purposes as psychological classification or evaluation, or for education educational or vocational placement, or for such purposes as psychological counseling, guidance, or readjustment. When engaged in the practice of psychology, licensed psychologists may describe or label any testing, assessment, or evaluation they conduct within the scope of practice described in this Code section as 'psychological' in nature; provided, however, that any such description or labeling shall not be construed to alter the meaning of psychological testing as provided in paragraph (6) of this Code section and in paragraph (9) of Code Section 43-39-7. Nothing in this paragraph shall be construed as permitting the administration or prescription of drugs or in any way infringing upon or restricting the practice of medicine as defined in the laws of this state."
SECTION 5. Said title is further amended by revising Code Section 43-39-7, relating to the practice of psychology without a license, use of psychologist title, and exceptions, by striking the word "and" at the end of paragraph (7), by replacing the period at the end of paragraph (8) with "; and", and by adding a new paragraph to read as follows:
"(9) Nothing in this chapter shall be construed as prohibiting any person licensed under Chapter 10A of this title from providing services he or she is authorized to perform under Chapter 10A of this title, including, but not limited to, administering and interpreting educational and vocational tests; functional assessments; interest inventories; tests that evaluate marital and family functioning; mental health symptom screening and assessment instruments that evaluate emotional, mental, behavioral, and interpersonal problems or conditions including substance use, health, and disability."
1708
JOURNAL OF THE HOUSE
SECTION 6.
Code Section 37-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to the general provisions governing and regulating mental health, is amended by revising paragraph (17) as follows:
"(17) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 4339-1 duly licensed to practice psychology in this state under Chapter 39 of Title 43."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr
Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D
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 E Frazier Y Frye Y Gardner
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley E Jackson 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
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix E Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J N Price Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice 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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin E 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
FRIDAY, FEBRUARY 26, 2016
1709
Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gasaway Y Gilligan Y Glanton Y Golick E Gordon Y Gravley Y Greene
E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rutledge Rynders
Y Scott E 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 150, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Bruce Broadrick, Sr. Georgia House of Representatives
Mr. Clerk,
Add me yes to HB 498
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.
The report of the Committee, which was favorable to the 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 Atwood
Ballinger N Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea
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
1710
JOURNAL OF THE HOUSE
Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
Y Drenner N 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 E Frazier Y Frye
Gardner N Gasaway N Gilligan Y Glanton Y Golick E Gordon
Gravley Y Greene
E Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin N Martin
Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Pezold N Pirkle Y Powell, A Y Powell, J N Price Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge
Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Tankersley Y Tanner Y Tarvin E 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, the ayes were 141, nays 12.
The Bill, having received the requisite constitutional majority, was passed.
HB 899. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Jones of the 47th, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapters 13 and 13A of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers and master settlement agreement enhancements, respectively, so as to revise and add certain definitions; to provide for procedures, conditions, and limitations; to provide for responsibilities of cigarette importers and stamping agents; to provide for duties of the Attorney General and the revenue commissioner; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to clarify applicability in conjunction with other provisions of law; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
FRIDAY, FEBRUARY 26, 2016
1711
To amend Chapters 13 and 13A of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers and master settlement agreement enhancements, respectively, so as to revise and add certain definitions; to provide for procedures, conditions, and limitations; to provide for responsibilities of cigarette importers and stamping agents; to provide for duties of the Attorney General and the revenue commissioner; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to clarify applicability in conjunction with other provisions of law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, is amended by revising Code Section 10-13-2, relating to definitions regarding tobacco product manufacturers, as follows:
"10-13-2. As used in this chapter, the term:
(1) 'Adjusted for inflation' means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) 'Affiliate' means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms 'owns,' 'is owned,' and 'ownership' mean ownership of an equity interest, or the equivalent thereof of 10 percent or more, and the term 'person' means an individual, partnership, committee, association, corporation, or any other organization or group of persons. (3) 'Allocable share' means Allocable Share as that term is defined in the Master Settlement Agreement. (4) 'Cigarette' means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (B) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (C) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (A) of this definition. The term 'cigarette' includes 'roll-your-own' (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of 'cigarette,' 0.09 ounces of 'roll-your-own' tobacco shall constitute one individual 'cigarette.'
1712
JOURNAL OF THE HOUSE
(5) 'Importer' means any person in the United States to whom nonfederal excise taxpaid cigarettes manufactured in a foreign country are shipped or consigned, any person who removes cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse, or any person who smuggles or otherwise unlawfully brings cigarettes into the United States. (6) 'Master Settlement Agreement' means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. (6)(7) 'Qualified escrow fund' means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1 billion where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subparagraph (B) of paragraph (2) of Code Section 10-13-3. The principal balance in the qualified escrow fund must always be maintained so that both the face value and the cost basis of the account are each equal to or greater than the accumulated principal deposits. (7)(8) 'Released claims' means Released Claims as that term is defined in the Master Settlement Agreement. (8)(9) 'Releasing parties' means Releasing Parties as that term is defined in the Master Settlement Agreement. (9)(10) 'Tobacco product manufacturer' means an entity that after the date of enactment of this chapter directly (and not exclusively through any affiliate):
(A) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsections subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (B) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (C) Becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph. The term 'tobacco product manufacturer' shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subparagraphs (A) through (C) of this paragraph.
FRIDAY, FEBRUARY 26, 2016
1713
(10)(11) 'Units sold' means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or 'roll-your-own' tobacco containers) bearing the excise tax stamp of the state on packs required to bear a tax stamp pursuant to Code Section 48-11-3 and on 'roll-your-own' tobacco on which excise tax is due either by tax stamp or pursuant to an alternate method of taxation. 'Units sold' does not include cigarettes the purchase or use of which the state is prohibited from taxing under the Constitution or statutes of the United States. The state revenue commissioner shall and the Attorney General may promulgate such regulations as are necessary to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year."
SECTION 2. Said chapter is further amended by revising Code Section 10-13-3, relating to deposits into escrow accounts, as follows:
"10-13-3. Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after the date of enactment of this chapter shall do one of the following:
(1) Become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or
(2)(A) Place into a qualified escrow fund by April 15 of the year following the year in question on a quarterly basis, no later than 30 days after the end of each calendar quarter in which sales are made, the following amounts (as such amounts are adjusted for inflation):
(i) 1999: $0.0094241 per unit sold after the date of enactment of this chapter; (ii) 2000: $0.0104712 per unit sold; (iii) For each of 2001 and 2002: $0.0136125 per unit sold; (iv) For each of 2003 through 2006: $0.0167539 per unit sold; and (v) For each of 2007 and each year thereafter: $0.0188482 per unit sold. (B) A tobacco product manufacturer that places funds into escrow pursuant to subparagraph (A) of this paragraph shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances: (i) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this division: (I) in the order in which they were placed into escrow; and (II) only to the extent and at the time necessary to make payments required under such judgment or settlement;
1714
JOURNAL OF THE HOUSE
(ii) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the state in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including, after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or (iii) To the extent not released from escrow under division (i) or (ii) of this subparagraph, funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow. (C) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this paragraph shall annually quarterly and annually certify to the Attorney General that it is in compliance with this paragraph. The Attorney General may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under this paragraph. Any tobacco product manufacturer that fails in any calendar quarter or year to place into escrow the funds required under this paragraph shall: (i) Be required within 15 days to place such funds into escrow as shall bring it into compliance with this paragraph. The court, upon a finding of a violation of this paragraph, may impose a civil penalty (to be paid to the general fund of the state) in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow; (ii) In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this Code section. The court, upon a finding of a knowing violation of this paragraph, may impose a civil penalty (to be paid to the general fund of the state) in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and (iii) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary) for a period not to exceed two years. (D) An importer shall be jointly and severally liable for escrow deposits due from a nonparticipating manufacturer with respect to any nonparticipating manufacturer cigarettes that it imported and which were then sold in this state. Each failure to make an a quarterly or annual deposit required under this Code section shall constitute a separate violation."
FRIDAY, FEBRUARY 26, 2016
1715
SECTION 3. Chapter 13A of Title 10 of the Official Code of Georgia Annotated, relating to master settlement agreement enhancements, is repealed and reenacted to read as follows:
"CHAPTER 13A
10-13A-1. The General Assembly finds that violations of Chapter 13 of this title threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The General Assembly finds that enacting procedural enhancements will aid the enforcement of such chapter and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the state, and the public health.
10-13A-2. As used in this chapter, the term:
(1) 'Brand family' means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, 'menthol,' 'lights,' 'kings,' and '100s,' and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to or identifiable with a previously known brand of cigarettes. (2) 'Cigarette' means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (B) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (C) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (A) of this definition. The term 'cigarette' includes 'roll-your-own' (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of 'cigarette,' 0.09 ounces of 'roll-your-own' tobacco shall constitute one individual 'cigarette.' (3) 'Commissioner' means the state revenue commissioner. (4) 'Dealer' means cigarette and loose and smokeless dealers as defined in paragraphs (7) and (17) of Code Section 48-11-1. (5) 'Directory' means the directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of Code Section 10-13A-3 and all brand families that are listed in such certifications developed by the Attorney General pursuant to Code Section 10-13A-4, or in the case
1716
JOURNAL OF THE HOUSE
of reference to another state's directory, the directory compiled under the similar law of the other state. (5)(6) 'Distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on dealers; and (B) Is engaged in the business of:
(i) Manufacturing cigars or cigarettes in this state, importing cigars or cigarettes into this state, or purchasing cigars or cigarettes from other manufacturers or distributors; and (ii) Selling the cigars or cigarettes to dealers in this state for resale but is not in the business of selling the cigars or cigarettes directly to the ultimate consumer of the cigars or cigarettes. (7) 'Importer' means any person in the United States to whom nonfederal excise taxpaid cigarettes manufactured in a foreign country are shipped or consigned, any person who removes cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse, or any person who smuggles or otherwise unlawfully brings cigarettes into the United States. (6)(8) 'Master Settlement Agreement' means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. (7)(9) 'Nonparticipating manufacturer' means any tobacco product manufacturer that is not a participating manufacturer. (10) 'Package' means any pack or other container on which a state stamp could be applied consistent with and as required by Code Section 48-11-3 that contains one or more individual cigarettes for sale. Nothing in this paragraph shall alter any other applicable requirements with respect to the minimum number of cigarettes that may be contained in a pack or other container of cigarettes. References to package do not include a container of multiple packages. (8)(11) 'Participating manufacturer' has the meaning given that term in subsection II(jj) of the Master Settlement Agreement and all amendments thereto. (12) 'Person' means any natural person, trustee, company, partnership, corporation, or other legal entity. (13) 'Purchase' means any acquisition in any manner or by any means for any consideration. The term includes transporting or receiving product in connection with a purchase. (14) 'Qualified escrow fund' means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1 billion where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subparagraph (B) of paragraph (2) of Code Section 10-13-3. The principal balance in the qualified escrow fund must always be maintained so that both
FRIDAY, FEBRUARY 26, 2016
1717
the face value and the cost basis of the account are each equal to or greater than the accumulated principal deposits. (15) 'Sale or sell' means any transfer, exchange, or barter in any manner or by any means for any consideration. Sale or sell includes distributing or shipping product in connection with a sale. References to sale 'in' or 'into' a state refers to the state of the destination point of the product in the sale, without regard to where title was transferred. References to sale 'from' the state refers to the sale of cigarettes that are located in the state to the destination in question without regard to where title was transferred. (16) 'Shortfall amount' means the difference between:
(A) The full amount of the deposit required to be made by a nonparticipating manufacturer for a calendar quarter or year under Code Section 10-13-3; and (B) The sum of:
(i) The actual amount deposited into escrow by the nonparticipating manufacturer for that calendar quarter or year under Code Section 10-13-3; (ii) Any amounts deposited into escrow for that calendar quarter under subparagraph (D) of paragraph (2) of Code Section 10-13-3 by an importer on such nonparticipating manufacturer's cigarettes; and (iii) Any amounts collected by the state for that calendar quarter under the bond posted by the nonparticipating manufacturer under Code Section 10-13A-7. (17) 'Stamping agent' means any person that is authorized to affix stamps to packages or other containers of cigarettes under Code Section 48-11-3 or any person that is required to pay the excise tax under the alternate method of taxation, if so prescribed pursuant to Code Section 48-11-3 on 'roll-your-own' tobacco. (9) 'Qualified escrow fund' means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1 billion where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subparagraph (B) of paragraph (2) of Code Section 10-13-3. (10)(18) 'Tobacco product manufacturer' means an entity that after April 28, 1999: (A) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);
1718
JOURNAL OF THE HOUSE
(B) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (C) Becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph. The term tobacco product manufacturer shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subparagraphs (A) through (C) of this paragraph. (11)(19) 'Units sold' means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or 'roll-your-own' tobacco containers) bearing the excise tax stamp of the state. on cigarette packs required to bear a tax stamp pursuant to Code Section 48-11-3 and on 'roll-your-own' tobacco on which excise tax is due either by tax stamp or pursuant to an alternate method of taxation. 'Units sold' does not include cigarettes the purchase or use of which the state is prohibited from taxing under the Constitution or statutes of the United States. The state revenue commissioner shall and the Attorney General may promulgate such regulations as are necessary to ascertain the amount of state excise tax paid on cigarettes of such tobacco product manufacturer for each year.
10-13A-3. (a) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver in the manner prescribed by the Attorney General a certification to the commissioner and Attorney General, no later than the thirtieth day of April each year, certifying that, as of the date of such certification, such tobacco product manufacturer either is a participating manufacturer or is in full compliance with Chapter 13 of this title, including all annual deposits required by paragraph (2) of Code Section 10-13-3. (b) Every tobacco product manufacturer shall also certify that:
(1) Such manufacturer or its importer holds a valid permit under 26 U.S.C. Section 5713; and (2) Such manufacturer is in compliance with all reporting and registration requirements of 15 U.S.C. Sections 376 and 376a. (c) A In addition, participating manufacturer shall include in its certification a list of its brand families. A participating manufacturer shall update such list 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General and commissioner. A participating manufacturer may not include a brand family in its certification unless the participating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement
FRIDAY, FEBRUARY 26, 2016
1719
Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement. (c)(d) A nonparticipating manufacturer shall include in its certification a list of all of its brand families and the number of units sold for each brand family that were sold in this state during the preceding calendar year and a list of all of its brand families that have been sold in this state at any time during the current calendar year. Such lists must indicate by an asterisk any brand family sold in this state during the preceding calendar year that is no longer being sold in this state as of the date of such certification, and identification by name and address of any other manufacturer of such brand families in the preceding or current calendar year. The nonparticipating manufacturer shall update such list 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General and commissioner. A nonparticipating manufacturer may not include a brand family in its certification unless such nonparticipating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of Chapter 13 of this title. Such certification must also certify:
(1) That such nonparticipating manufacturer is registered to do business in this state and has appointed a resident agent for service of process and provided notice thereof as required by Code Section 10-13A-6; (2) That such nonparticipating manufacturer has established and continues to maintain a qualified escrow fund as required by Code Section 10-13-3 and has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund; (3) That such nonparticipating manufacturer is in full compliance with Chapter 13 of this title, and with this chapter, Chapter 11 of Title 48, and any regulations promulgated pursuant to either chapter such chapters; and (4) The name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established such qualified escrow fund required pursuant to Chapter 13 of this title and all regulations promulgated pursuant to such chapter; the account number of such qualified escrow fund and any subaccount number for this state; the amount such nonparticipating manufacturer placed in such fund for cigarettes sold in this state during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the Attorney General to confirm the foregoing; and the amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from such fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to Chapter 13 of this title and all regulations promulgated pursuant to such chapter.; (5) That such nonparticipating manufacturer consents to be sued in the courts of the State of Georgia for purposes of the state:
(A) Enforcing this chapter, Chapter 13 of this title, Title 48, and any regulations promulgated pursuant to these provisions; or (B) Bringing a released claim as defined in paragraph (8) of Code Section 10-13-2;
1720
JOURNAL OF THE HOUSE
(6) That such nonparticipating manufacturer has posted the appropriate bond required under Code Section 10-13A-7 and the information needed to establish the existence of such bond; and (7) In the case of a nonparticipating manufacturer located outside of the United States, the nonparticipating manufacturer shall provide a declaration from each of its importers into the United States of any of its brand families to be sold in this state. The declaration shall be on a form prescribed by the Attorney General and shall state the following:
(A) The importer accepts joint and several liability with the nonparticipating manufacturer for all obligations to place funds into a qualified escrow fund and for payment of all civil penalties and all reasonable costs and expenses of investigation and prosecution, including attorney's fees; (B) The importer consents to personal jurisdiction in Georgia for the purposes of claims by the state for any obligation to place funds into a qualified escrow fund and for payment of all civil penalties and all reasonable costs and expenses of investigation and prosecution, including attorney's fees; and (C) The importer has appointed a registered agent for service of process in Georgia according to the same requirements as established in Code Section 10-13A-6 for any nonresident or foreign nonparticipating manufacturer. Certification in accordance with this subsection shall be deemed to be in compliance with subparagraph (C) of paragraph (2) of Code Section 10-13-3. (d)(e) Nothing in this Code section shall be construed as limiting or otherwise affecting the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of Chapter 13 of this title. (e)(f) Tobacco product manufacturers shall maintain all invoices and documentation of sales and other such information relied upon for such certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.
10-13A-4. (a) Not later than August 1, 2004, the The Attorney General shall develop and make available for public inspection on its website a directory, as defined in paragraph (4) (5) of Code Section 10-13A-2. (b) The Attorney General shall not include or retain in such directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose certification the Attorney General determines is not in compliance with subsection (c) of Code Section 10-13A-3, unless the Attorney General has determined that such violation has been cured to the satisfaction of the Attorney General. (c) Neither a tobacco product manufacturer nor brand family shall be included or retained in the directory if the Attorney General concludes, in the case of a nonparticipating manufacturer, that:
FRIDAY, FEBRUARY 26, 2016
1721
(1) Any escrow payment required pursuant to Chapter 13 of this title for any period for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; or (2) Any outstanding final judgment, including interest thereon, for a violation of Chapter 13 of this title has not been fully satisfied for such brand family or such manufacturer. (d) The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove tobacco product manufacturers or brand families to keep the directory in conformity with the requirements of this chapter. (e) Every distributor shall provide and update as necessary an e-mail address to the Attorney General for the purpose of receiving any notifications as may be required by this chapter.
10-13A-5. It shall be unlawful for any person to affix a tax stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory or to sell, offer for sale, or possess with intent to sell, or import for personal use, in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.
10-13A-6. (a) Any nonresident or foreign nonparticipating manufacturer or importer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this state as required by Code Section 48-11-5 to act as agent for the service of process on whom all process and any action or proceeding against it concerning or arising out of the enforcement of Chapter 13 of this title or this chapter may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of such agent to the satisfaction of the commissioner and Attorney General. (b) The nonparticipating manufacturer or importer shall provide notice to the commissioner and Attorney General 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the agent and the nonparticipating manufacturer or importer shall notify the commissioner and Attorney General of said termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent.
1722
JOURNAL OF THE HOUSE
(c) Any nonparticipating manufacturer or importer whose cigarettes are sold in this state who has not appointed and engaged an agent as required in this Code section shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this state by service of process upon the Secretary of State; provided, however, that the appointment of the Secretary of State as such agent shall not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer or importer included or retained in the directory. (d) The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this chapter. The Attorney General shall post in the directory and transmit by e-mail or other practicable means to each notice of any removal from the directory of a tobacco product manufacturer or brand family at least 30 days prior to removal from the directory of such tobacco product manufacturer or brand family. Unless otherwise provided by agreement between the wholesaler and a tobacco product manufacturer, the wholesaler shall be entitled to a refund from a tobacco product manufacturer for any money paid by the wholesaler to the tobacco product manufacturer for any cigarettes of the tobacco product manufacturer in the possession of the wholesaler on the effective date of removal from the directory, or as subsequently received from a retail dealer as provided in this chapter, of products of that tobacco product manufacturer or brand family of cigarettes. Unless otherwise provided by agreement between a retail dealer and the wholesaler or a tobacco product manufacturer, a retail dealer shall be entitled to a refund from the wholesaler or a tobacco product manufacturer for any money paid by the retail dealer to the wholesaler or such tobacco product manufacturer for any cigarettes of the tobacco product manufacturer still in the possession of the retail dealer on the effective date of removal from the directory of that tobacco product manufacturer or brand family. (e) The failure of the Attorney General to provide notice of any intended removal from the directory as required under subsection (d) of this Code section or the failure of a distributor or stamping agent to receive such notice does not relieve the distributor or stamping agent of its obligations under this chapter.
10-13A-7. (a) All nonparticipating manufacturers shall post a bond for the benefit of the state which is subject to execution under subsection (c) of this Code section. The bond shall be posted by a corporate surety located within the United States. The bond shall be posted and evidence of such posting shall be provided to the Attorney General with the nonparticipating manufacturer's quarterly and annual certifications as a condition of the nonparticipating manufacturer and its brand families being included or remaining in the directory for the following quarter or year. (b) The amount of the bond shall be the greater of:
(1) Fifty thousand dollars; or (2) The highest amount of escrow owed in Georgia by the nonparticipating manufacturer or its predecessor in the last 12 quarters.
FRIDAY, FEBRUARY 26, 2016
1723
(c) If a nonparticipating manufacturer that posted a bond has failed to make, or have made on its behalf by an entity with joint and several liability, escrow deposits equal to the full amount owed for a quarter within 15 days following the due date for the quarter under Code Section 10-13-3, the state may execute upon the bond, first to recover delinquent escrow, which amount shall be deposited into a qualified escrow account under Code Section 10-13-3, and then to recover civil penalties and costs authorized under such Code section. Escrow obligations above the amount collected on the bond remain due from that nonparticipating manufacturer and from the importers and stamping agents that sold its cigarettes during that calendar quarter and at any time prior to the removal of the nonparticipating manufacturer and brand from the directory.
10-13A-7. 10-13A-8. (a) Not later than 20 10 calendar days after the end of each calendar quarter month, and more frequently if so directed by the Attorney General, each distributor shall submit such information as the Attorney General requires to facilitate compliance with this chapter, including, but not limited to, a list by brand family of the total number of cigarettes, or, in the case of 'roll-your-own,' the equivalent count, for which the distributor affixed tax stamps during the previous calendar quarter month or otherwise paid the tax due for such cigarettes. The distributor shall also certify that the information provided to the Attorney General is complete and accurate. The distributor shall maintain and make available to the Attorney General all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the Attorney General for a period of five years. (b) The commissioner is authorized to disclose to the Attorney General any information received under this chapter and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of this chapter. The commissioner and Attorney General shall share with each other the information received under this chapter and may share such information with other federal, state, or local agencies only for purposes of enforcement of this chapter or the corresponding laws of other states. Notwithstanding any law to the contrary, the commissioner and the Attorney General are authorized to disclose to each other any information received under this chapter, Chapter 13 of this title, and Title 48 for the purposes of determining compliance with and enforcing the provisions of this chapter, Chapter 13 of this title, and Title 48. The commissioner and Attorney General may also share such information with other federal, state, or local courts or agencies for purposes of enforcing the provisions of this chapter, Chapter 13 of this title, or the corresponding laws of other states. The commissioner and Attorney General may also disclose information provided under this Code section, Chapter 13 of this title, and Title 48 that may otherwise be confidential:
(1) In discharge of the duty to enforce or defend the provisions of this part or Chapter 13 of this title;
1724
JOURNAL OF THE HOUSE
(2) In the course of any litigation, arbitration, or proceeding related to this part, Chapter 13 of this title, the Master Settlement Agreement, or the NPM Adjustment Settlement Agreement; or (3) In complying with provisions in the NPM Adjustment Settlement Agreement. Despite this disclosure, the information shall maintain its confidential status. (c) Any tobacco sales data provided by another state, a tobacco product manufacturer, or other person or entity to a data clearing-house pursuant to the NPM Adjustment Settlement Agreement that is also provided to the Attorney General or commissioner pursuant to that agreement shall be treated as confidential tax information as defined in Title 48. This subsection only applies to information received by the Attorney General or commissioner solely as a result of the NPM Adjustment Settlement Agreement. (c)(d) The Attorney General may require at any time from the nonparticipating manufacturer proof from the financial institution in which such manufacturer has established a qualified escrow fund for the purpose of compliance with Chapter 13 of this title of the amount of money in such fund, exclusive of interest, the amount and date of each deposit to such fund, and the amount and date of each withdrawal from such fund. (d)(e) In addition to the information required to be submitted pursuant to this chapter, the Attorney General may require a distributor, stamping agent, or tobacco product manufacturer to submit any additional information or documentation, including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to enable the Attorney General to determine whether a tobacco product manufacturer is in compliance with this chapter. (e)(f) To promote compliance with this chapter, the Attorney General may promulgate regulations requiring a tobacco product manufacturer subject to the requirements of subsection (c) of Code Section 10-13A-3 to make the annual escrow deposits required during the year in which the sales covered by such deposits are made. The Attorney General may also require production of information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment quarterly or annual escrow deposit. (g) A stamping agent shall be jointly and severally liable for the escrow deposits required under Code Section 10-13-3 in the event that there is a shortfall amount. The liability of a stamping agent for escrow deposits shall be calculated as follows: If there is a shortfall amount for a nonparticipating manufacturer for a calendar quarter, each stamping agent that sold cigarettes of that nonparticipating manufacturer during the calendar quarter shall deposit into such escrow account as shall be designated by the state an amount equal to the applicable shortfall amount multiplied by a fraction, the numerator of which is the number of cigarettes of that nonparticipating manufacturer sold in or into the state by the stamping agent during that calendar quarter and the denominator of which is the total number of cigarettes of that nonparticipating manufacturer sold by all stamping agents in or into the state during that calendar quarter. To the extent a stamping agent makes payments with respect to a shortfall
FRIDAY, FEBRUARY 26, 2016
1725
amount under this subsection, such stamping agent shall have a claim against the nonparticipating manufacturer for such amount.
10-13A-8. 10-13A-9. (a) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a distributor stamping agent has violated Code Section 10-13A-5 or any regulation adopted pursuant to this chapter, the commissioner may revoke or suspend the dealer or distributor's license of the distributor stamping agent in the manner provided by Code Section 48-11-6. Each tax stamp affixed and each sale or offer to sell cigarettes in violation of Code Section 10-13A-5 or the rules and regulations adopted pursuant to this chapter shall constitute a separate violation. For each violation, the commissioner may also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes or $5,000.00 upon a determination of a violation of Code Section 10-13A-5 or any regulations adopted pursuant thereto. Such penalty shall be imposed in the manner provided in subsection (c) of Code Section 48-11-24. (b) A license may also be subject to termination, suspension, or other available remedy found in Code Section 48-11-14, if:
(1) A distributor fails to provide a report required under Code Section 10-13A-8; (2) A distributor files an incomplete or inaccurate report required under Code Section 10-13A-8; or (3) A distributor or stamping agent fails to deposit escrow as provided in subsection (g) of Code Section 10-13A-8. (c) Any cigarettes that have been sold, offered for sale, or possessed for sale in this state in violation of Code Section 10-13A-5 or other provisions of this chapter or Chapter 13 of this title shall be deemed contraband under Code Section 48-11-9 and such cigarettes shall be subject to seizure and forfeiture as provided in such Code section. (c)(d) The Attorney General, on behalf of the commissioner, may seek an injunction to restrain a threatened or actual violation of Code Section 10-13A-5 or of subsection (a) or (d) (e) of Code Section 10-13A-7 10-13A-8 by a distributor or stamping agent and to compel the distributor to comply with said Code section or either such subsection. In any action brought pursuant to this Code section, the state shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney fees. (d)(e) It shall be unlawful for a person to sell or distribute cigarettes or to acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in this state in violation of Code Section 10-13A-5. Any person who violates this subsection shall be guilty of a misdemeanor. (e)(f) A violation of Code Section 10-13A-5 shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.'
1726
JOURNAL OF THE HOUSE
(g) It is unlawful for any person to knowingly submit any false information required pursuant to Chapter 13 of this title or this chapter. A violation of this subsection is a felony. Knowing submission of false information shall also be grounds for removal of a tobacco product manufacturer or brand from the directory.
10-13A-9. 10-13A-10. (a) A determination of the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Article 1 of Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.' (b) No person shall be issued a license or granted a renewal of a license under Chapter 11 of Title 48 to act as a distributor unless such person has certified in writing that such person will comply fully with this chapter. (c) The first report of distributors required by subsection (a) of Code Section 10-13A-7 shall be due 30 calendar days after July 1, 2003, the certifications by a tobacco product manufacturer described in subsection (a) of Code Section 10-13A-3 shall be due 45 calendar days after such date, and the directory described in Code Section 10-13A-4 shall be published or made available within 90 calendar days after such date. (d)(c) The Attorney General may promulgate rules and regulations necessary to effect the purposes of this chapter. (e)(d) In any action brought by the state to enforce this chapter, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney fees. (f)(e) If a court of competent jurisdiction finds that the provisions of this chapter and of Chapter 13 of this title conflict and cannot be harmonized, then such provisions of Chapter 13 of this title shall control. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter causes Chapter 13 of this title to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof."
SECTION 4. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, is amended by revising paragraph (4) of subsection (c) of Code Section 48-11-4, relating to licensing and registration of persons engaged in the tobacco business and annual fees, as follows:
"(4) Each manufacturer's, importer's, distributor's, or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. A separate
FRIDAY, FEBRUARY 26, 2016
1727
license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time."
SECTION 5. Said chapter is further amended by revising Code Section 48-11-6, relating to suspension and revocation of licenses, as follows:
"48-11-6. The commissioner may suspend or refuse to renew a license issued to any person under this chapter for violation of any provision of this chapter or of any rule or regulation of the commissioner made pursuant to this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. After notice and opportunity for hearing, the commissioner may revoke a license issued to any person under this chapter for violation of any provision of this chapter or of any rule or regulation of the commissioner made pursuant to this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. Any person aggrieved by the suspension of or refusal to renew his or her license may apply to the commissioner for a hearing as provided in subsection (a) of Code Section 48-11-18; and any person aggrieved by the action of the commissioner in revoking or refusing to renew his or her license after hearing may further appeal to the courts as provided in subsection (b) of Code Section 48-11-18. No legal proceedings or other action by the commissioner shall be barred or abated by the suspension, revocation, or expiration of any license issued under this chapter."
SECTION 6. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 48-11-9, relating to seizure of unstamped tobacco products as contraband, as follows:
"(a)(1) Any cigars, cigarettes, or loose or smokeless tobacco found at any place in this state without stamps affixed to them as required by this chapter and any cigarettes seized pursuant to in violation of subsection (b) (c) of Code Section 10-13A-8 1013A-9 are declared to be contraband articles and may be seized by the commissioner, the commissioner's agents or employees, or any peace officer of this state when directed by the commissioner to do so."
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:
1728
JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D 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 E Floyd Y Fludd E Frazier Y Frye
Gardner Y Gasaway Y Gilligan Y Glanton Y Golick E Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice 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 E 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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 736. By Representatives Atwood of the 179th, Jones of the 167th, Petrea of the 166th, Stephens of the 164th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to provide for a special license plate promoting marine habitat conservation; to provide for related matters; to require a two-
FRIDAY, FEBRUARY 26, 2016
1729
thirds' majority vote for passage in accordance with constitutional requirements; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special and distinctive license plates for women veterans; to provide for definitions; to provide for the issuance of a special license plate to the spouse of an eligible person under certain circumstances; to establish a special and distinctive license plate for the Omega Psi Phi Fraternity, Inc.; to provide for a special license plate promoting marine habitat conservation; to provide for related matters; to provide for an effective date; to require a two-thirds' majority vote for passage of certain provisions in accordance with constitutional requirements; 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 revising Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, as follows:
"40-2-85.1. (a) For purposes of this Code section, the term:
(1) 'Military medal award' means the following medals, decorations, or other recognition of honor for military service awarded by a branch of the United States military:
(A) Medal of Honor; (B) Bronze Star Medal; (C) Silver Star Medal; (D) Distinguished Service Cross; (E) Navy Cross; (F) Air Force Cross; (G) Defense Distinguished Service Medal; (H) Homeland Security Distinguished Service Medal; (I) Distinguished Service Medal; (J) Navy Distinguished Service Medal; (K) Air Force Distinguished Service Medal; (L) Coast Guard Distinguished Service Medal;
1730
JOURNAL OF THE HOUSE
(M) Defense Superior Service Medal; (N) Legion of Merit; (O) Distinguished Flying Cross; (P) Purple Heart; and (Q) Air Medal. (2) 'Served during active military combat' means active duty service in World War I, World War II, the Korean War, the Vietnam War, Operation Desert Storm, the Global War on Terrorism as defined by Presidential Executive Order 13289, Section 2, the war in Afghanistan, or the war in Iraq, which includes either Operation Iraqi Freedom or Operation Enduring Freedom. (3) 'Veteran' means a former member of the armed forces of the United States who is discharged from the armed forces under conditions other than dishonorable. (4) 'Woman veteran' and 'women veterans' means former members of the armed forces of the United States who are female and discharged from the armed forces under conditions other than dishonorable. (b)(1) Motor vehicle and trailer owners who are veterans or women 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 women veterans, who or have received a military medal award, or who 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, a woman veteran's license plate, a military medal award recipient license plate, or a 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 of the United States 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, and such 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 woman 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
FRIDAY, FEBRUARY 26, 2016
1731
operation of private passenger cars, motorcycles, trucks, and trailers before issuing these such 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, recreational vehicles, 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 who are veterans, of the armed forces of the United States, who are recipients of a military medal award, or persons who served during active military combat and shall additionally identify distinctly the owner as a veteran current or former member of one of the following branches of the armed forces of the United States: Army, Navy, Marines, Air Force, or Coast Guard. (e) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States or of a deceased person who received a military medal award or who served during active military combat shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran person, ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's person's death or acquired thereafter, so long as such person surviving spouse does not remarry. (e.1) The spouse of any person eligible to be issued a special license plate under this Code section shall also be eligible for such license plate, provided that no motor vehicle is registered in the name of the eligible person and all other requirements relating to registration and licensing relative to motor vehicles as prescribed in Article 2 of this chapter have been satisfied. (f) Special license plates issued under this Code section, except as provided in subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee."
SECTION 2. Said article is further amended in Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations with proceeds disbursed to the general fund and the agency, fund, or nonprofit corporation, by adding a new paragraph to subsection (l) and revising subsection (n) to read as follows:
1732
JOURNAL OF THE HOUSE
"(52) A special license plate honoring the Omega Psi Phi Fraternity, Inc. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Omega Psi Phi Foundation." "(n)(1) The General Assembly recognizes that Code Section 12-3-600 mandates that the best interests of the state are served by providing for the conservation of nongame species of wildlife and has determined that the following special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated. The special license plates listed in this subsection shall be subject to a special license plate fee and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows:
(A) Special license plate fee $25.00 of which $5.00 is to be deposited into the general fund, $1.00 is to be paid to the local county tag agent, and $19.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation; and (B) Special license plate renewal fee $25.00 of which $5.00 is to be deposited into the general fund and $20.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation. (2) Special license plates A special license plate promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources. The funds raised by the sale of these this special license plates plate shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Department of Natural Resources for the purposes enumerated in subsection (b) of Code Section 123-602. Such license plates plate shall not include a space for a county name decal but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name of the county of issuance. (3) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs. (4) A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the Bobwhite Quail Restoration Initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. Such license plate shall not include a space for a county
FRIDAY, FEBRUARY 26, 2016
1733
decal but shall instead bear the legend 'Support Wildlife' in lieu of the name of the county of issuance.
(5)(A) A special license plate promoting marine habitat conservation, restoration, and enhancement. The funds raised by the sale of this special license plate shall be disbursed to the Coastal Resources Division of the Department of Natural Resources to supplement marine habitat conservation, restoration, and enhancement projects undertaken to increase the abundance of marine fish and invertebrate species. (B) The Marine Fisheries Advisory Council of the Department of Natural Resources shall provide recommendations to the Coastal Resources Division regarding expenditure of funds raised by the sale of such license plate."
SECTION 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided in subsection (b) of this section. (b) In accordance with the requirements of Article III, Section IX, Paragraph VI(n) of the Constitution of the State of Georgia, Section 2 of this Act amending subsections (l) and (n) of Code Section 40-2-86 of the Official Code of Georgia Annotated shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Rice of the 95th and Fludd of the 64th offer the following amendment:
Amend the House Committee on Motor Vehicles substitute to HB 736 (LC 39 1318S) by deleting lines 5 and 6 and inserting in lieu thereof the following: person under certain circumstances; to establish special and distinctive license plates for the Omega Psi Phi Fraternity, Inc., and Hampton University; to provide for a special license plate promoting marine
By deleting line 116 and inserting in lieu thereof the following: Omega Psi Phi Foundation. (53) A special license plate honoring Hampton University. The funds raised by the sale of this special license plate shall be disbursed to the Hampton University Scholarship Fund."
The Committee substitute, as amended, was adopted.
1734
JOURNAL OF THE HOUSE
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D 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
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 E Frazier Y Frye
Gardner Y Gasaway Y Gilligan Y Glanton Y Golick E Gordon Y Gravley Y Greene
Y Harden N Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson 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
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice 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 E 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, as amended, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following member was recognized during the period of Morning Orders and addressed the House:
FRIDAY, FEBRUARY 26, 2016
1735
Representative Bentley of the 139th et al.
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 887. By Representatives Efstration of the 104th, Ballinger of the 23rd, Quick of the 117th, Caldwell of the 131st, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Articles 3 and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings and termination of parental rights, respectively, so as to prioritize the placement of a child with a relative who is an adult or fictive kin when such individual is qualified to care for such child and it is in the best interests of the child; 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 Articles 3 and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings and termination of parental rights, respectively, so as to prioritize the placement of a child with an adult who is a relative or fictive kin when such individual is qualified to care for such child and it is in the best interests of the child; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings, is amended by revising subsection (e) of Code Section 15-11135, relating to placement in eligible foster care, as follows:
"(e) In any case in which a child is taken into protective custody of DFCS, such child shall be placed together:
(1) DFCS shall give preference for placement to an adult who is a relative or fictive kin over a nonrelated caregiver, provided that the such relative or fictive kin has met all requirements for a DFCS relative or fictive kin placement and such placement is in the best interests of the child; and (2) Such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or document why such joint
1736
JOURNAL OF THE HOUSE
placement would be contrary to the safety or well-being of any of the siblings. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings."
SECTION 2. Said article is further amended by revising paragraph (3) of subsection (b) of Code Section 15-11-146, relating to preliminary protective hearing and findings, as follows:
"(3) On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child before the court in the temporary custody of DFCS pending the hearing on the dependency petition. DFCS shall prioritize temporary placement with an adult who is a relative or fictive kin, provided that such individual has met DFCS's requirements for relative placement and such temporary placement is in the best interests of such child."
SECTION 3. Said article is further amended by revising subparagraph (a)(2)(A) of Code Section 1511-212, relating to disposition of a dependent child, as follows:
"(A) Any individual, including a biological parent, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for such child, provided that priority for placement is given to an adult who is a relative or fictive kin;"
SECTION 4. Article 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, is amended by revising subsection (a) of Code Section 1511-321, relating to custody of child following termination proceedings or surrender of parental rights, as follows:
"(a) When a court enters an order terminating the parental rights of a parent or accepts a parent's voluntary surrender of parental rights, or a petition for termination of parental rights is withdrawn because a parent has executed an act of surrender in favor of the department, a placement may be made only if the court finds that such placement is in the best interests of the child and in accordance with such child's court approved permanency plan created pursuant to Code Sections 15-11-231 and 15-11-232. In determining which placement is in a child's best interests, the court shall initially attempt to place the child with an adult who is a relative or fictive kin, if such individual is willing and found by the court to be qualified to receive and care for such child. In determining which placement is in a child's best interests, the court shall enter findings of fact reflecting its consideration of the following:
(1) Such child's need for a placement that offers the greatest degree of legal permanence and security; (2) The least disruptive placement for such child;
FRIDAY, FEBRUARY 26, 2016
1737
(3) Such child's sense of attachment and need for continuity of relationships; (4) The value of biological and familial connections; and (5) Any other factors the court deems relevant to its determination."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D 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 E Floyd Y Fludd E Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick E Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice 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 E 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 160, nays 0.
1738
JOURNAL OF THE HOUSE
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 926. By Representatives Broadrick of the 4th, Stephens of the 164th, Harden of the 148th and Parrish of the 158th:
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 regulation of certain facilities and entities involved in the wholesale, manufacture, and distribution of drugs; to provide definitions; to provide for licensure and registration; to provide for temporary pharmacy licenses for service members; to revise provisions relating to the compounding of drug products to conform with federal law; to establish requirements relating to drug supply chain security; to revise a provision relating to the return of outdated drugs; 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 the licensure of third-party logistics providers; to provide for definitions; to provide for temporary pharmacy licenses for service members; to require that compounding of drug products for use in a practitioner's office can only be conducted by outsourcing facilities to conform to federal law; to establish requirements relating to drug supply chain security; to revise a provision relating to the return of outdated drugs; 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:
"(1.05) 'Authorized' means, in the case of a wholesale distributor, having a valid license pursuant to this chapter or 21 U.S.C. 360eee-1(a)(6) and complying with the licensure reporting requirements under 21 U.S.C. 360eee-3(b)." "(24.1) 'Outsourcing facility' means a facility that is engaged in the compounding of drugs and is registered with the federal Food and Drug Administration as an outsourcing facility pursuant to Section 503b of the federal act."
FRIDAY, FEBRUARY 26, 2016
1739
"(40.1) 'Third-party logistics provider' means an entity that provides or coordinates warehousing, distribution, or other services on behalf of a manufacturer but does not take title to a drug or have general responsibility to direct the sale or other disposition of the drug."
SECTION 2. Said chapter is further amended in Code Section 26-4-28, relating to the powers, duties, and authority of the Georgia State Board of Pharmacy, by revising paragraph (13) of subsection (a) as follows:
"(13) The issuance and renewal of licenses or permits of all persons engaged in the manufacture and distribution of drugs, including but not limited to drug manufacturers, wholesale distributors, reverse drug distributors, and third-party logistics providers. The board shall be authorized to establish all licensing and permit requirements of such entities by rule and regulation;"
SECTION 3. Said chapter is further amended by revising Code Section 26-4-43, relating to temporary pharmacy licenses, as follows:
"26-4-43. (a) A temporary license may be issued by the executive director upon the approval of the president of the board if an applicant produces satisfactory evidence of fulfilling the requirements for licensure under this article, except the examination requirement, and evidence of an emergency situation justifying such temporary license. All Except as provided in subsection (b) of this Code section, temporary licenses shall expire at the end of the month during which following the first third board meeting is conducted following after the issuance of such license and may not be reissued or renewed. (b) A temporary license may be issued to a service member, as defined in Code Section 26-4-44.2, for a period of six months. The board shall promulgate rules and regulations to effectuate this subsection. (c) Notwithstanding subsection (a) of this Code section, applicants who have been accepted for a pharmacy resident position in this state may be issued a temporary license if they meet the examination requirement for licensure as specified by the board."
SECTION 4. Said chapter is further amended by revising Code Section 26-4-86, relating to compounding and distribution of drug products, as follows:
"26-4-86. (a) The board shall establish rules and regulations governing the compounding and distribution of drug products by pharmacists, practitioners, and pharmacies licensed or registered by this state. Such rules and regulations shall include provisions ensuring compliance with USP-NF standards.
1740
JOURNAL OF THE HOUSE
(b) All drug products compounded and labeled in accordance with board rules regarding pharmaceutical compounding and which have been compounded by an outsourcing facility in accordance with applicable current good manufacturing practices established by the federal Food and Drug Administration shall be deemed to meet the labeling requirements of Chapter 13 of Title 16 and Chapters 3 and 4 of this title. (c) In regards to pharmacists compounding sterile drugs to be provided to practitioners to use in patient care or altering or repackaging such drugs for practitioners to use in patient care in the practitioner's office, such sterile compounding shall only be conducted by an outsourcing facility and as allowed by applicable federal law and board rule for pharmaceutical compounding using USP-NF standards for sterile compounding. Such sterile drugs may be compounded only in quantities determined by board rule following consultation with the Georgia Composite Medical Board. No Schedule II, III, IV, or V controlled substance, as defined in Article 2 of Chapter 13 of Title 16, shall be eligible for such designation. Nothing in this subsection shall be construed to apply to pharmacies owned or operated by institutions or to pharmacists or practitioners within or employed by an institution or affiliated entity; provided, however, that pharmacies owned or operated by institutions and pharmacists and practitioners within or employed by institutions or affiliated entities shall remain subject to other requirements, rules, and regulations established by the board and the federal Food and Drug Administration governing the compounding of medication. (d) Practitioners who may lawfully compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 shall comply with all provisions of this Code section and board rules regarding pharmaceutical compounding."
SECTION 5. Said chapter is further amended in Code Section 26-4-113, relating to wholesale distributors, licensing requirements, suspension or revocation of license, and reinstatement, by revising subsection (b) as follows:
"(b) Except where otherwise permitted by law, it shall be unlawful for a manufacturer, wholesale distributor, or a reverse drug distributor, or third-party logistics provider to distribute or deliver drugs or devices to or receive drugs or devices from any person or firm in this state not licensed under this chapter. Any person who distributes or delivers drugs or devices to or receives drugs or devices from a person or firm not licensed under this chapter shall be subject to a fine to be imposed by the board for each offense in addition to such other disciplinary action the board may take under this chapter. Each such violation shall also constitute a misdemeanor."
SECTION 6. Said chapter is further amended by revising Code Section 26-4-115, relating to wholesale drug distributors, registration, fees, reports of excessive purchases, and penalty for violations, as follows:
"26-4-115.
FRIDAY, FEBRUARY 26, 2016
1741
(a) All persons, firms, or corporations, whether located in this state or in any other state, engaged in the business of selling or distributing drugs at wholesale in this state, in the business of supplying drugs to manufacturers, compounders, and processors in this state, or in the business of a reverse drug distributor shall biennially register with the board as a drug wholesaler, distributor, reverse drug distributor, or supplier, or third-party logistics provider. The application for registration shall be made on a form to be prescribed and furnished by the board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the executive director. Registration shall be renewed pursuant to the rules and regulations of the board, and a renewal fee prescribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, wholesale distribution, or reverse drug distribution, or third-party logistics provider distribution of controlled substances or dangerous drugs as defined in Chapter 13 of Title 16; if the registrant fails to comply with any rule or regulation promulgated by the board; or if any registration or license issued to the registrant under the federal act is suspended or revoked. (b) Every drug wholesaler, distributor, or supplier, or third-party logistics provider registered as provided in Chapter 13 of Title 16 or in subsection (a) of this Code section, except reverse drug distributors, shall:
(1) Submit reports, upon request from the Georgia Drugs and Narcotics Agency, to account for all transactions with licensed persons or firms located within this state; such reportable transactions shall include all dangerous drugs and controlled substances as defined in Chapter 13 of Title 16. Such reports shall be submitted to the Georgia Drugs and Narcotics Agency; and (2) Automatically submit reports of any excessive purchases of controlled substances by licensed persons or firms located within this state using the federal Drug Enforcement Administration guidelines to define 'excessive purchases' excessive purchases as set forth under the provisions of 21 C.F.R. Sec. Section 1301. Such reports shall be submitted to the Georgia Drugs and Narcotics Agency.; and
(3)(A) Comply with the requirements of Section 360eee, et seq., of the federal act, relating to drug supply chain security. (B) Each manufacturer of a drug subject to Section 360eee, et seq., of the federal act shall maintain at its corporate offices a current list of the authorized wholesale distributors of such drug.
1742
JOURNAL OF THE HOUSE
(C) The board shall establish rules and regulations relating to drug supply chain security based on the requirements of Section 360eee, et seq., of the federal act which are not inconsistent with, more stringent than, or in addition to any requirements applicable under Section 353(e) or Section 360eee of the federal act or any regulations issued thereunder and which are not inconsistent with any waiver, exception, or exemption pursuant to Section 360eee, et seq., of the federal act or any restrictions specified in Section 360eee-1 of the federal act. (c) The board shall be authorized to promulgate rules and regulations to facilitate compliance with this Code section. Such rules and regulations shall include a requirement that all wholesale drug distributors required to register pursuant to this Code section shall make adequate provision for the return of outdated drugs, both full and partial containers, for up to six months after the labeled expiration date for prompt full credit or replacement; provided, however, that such rules and regulations may also include a list of drugs exempted from the requirements of such provision that have been determined by the board as essential to health care treatment and having an expiration date of less than one year from the date such drug is manufactured. (d) The provisions of subsection (b) of this Code section shall not apply to any wholesaler, manufacturer, distributor, or supplier who, or third-party logistics provider that only ships controlled substances directly to a licensed wholesaler within this state. (e) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $25,000.00, or both. (f) Any practitioner who knowingly transfers any controlled substance or dangerous drug as such terms are defined in Chapter 13 of Title 16 by purchasing from or returning to a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $10,000.00, or both."
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 Atwood
Cooke Y Coomer Y Cooper Y Corbett
Y Harden N Harrell Y Hatchett Y Hawkins
Y Metze Y Mitchell Y Morris Y Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
FRIDAY, FEBRUARY 26, 2016
1743
Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M E Cannon N Cantrell Y Carson E Carter, A Y Carter, D N Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson N 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 E Floyd Y Fludd E Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick E Gordon N Gravley Y Greene
Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick
Kidd Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
N Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons E Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince N Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves N Rhodes Y Rice Y Rogers, C N Rogers, T N Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin E 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 128, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker announced the House in recess until 2:00 o'clock, this afternoon.
1744
JOURNAL OF THE HOUSE
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 1543. By Representative Stovall of the 74th:
A RESOLUTION recognizing and commending Reverend Dr. Angela Arnold-Witherow; and for other purposes.
HR 1544. By Representatives Taylor of the 173rd, Watson of the 172nd and Carter of the 175th:
A RESOLUTION honoring the life and memory of Mr. Robert C. "Hutch" Hutchison, Sr.; and for other purposes.
HR 1545. By Representatives McCall of the 33rd, Watson of the 172nd, England of the 116th, Dickey of the 140th, LaRiccia of the 169th and others:
A RESOLUTION commending the Georgia peanut industry and recognizing March 16, 2016, as Peanut Butter and Jelly Day at the capitol; and for other purposes.
HR 1546. By Representatives Williams of the 119th, McCall of the 33rd, England of the 116th, Quick of the 117th and Frye of the 118th:
A RESOLUTION honoring J. Scott Angle, President and CEO of the International Fertilizer Development Center; and for other purposes.
HR 1547. By Representatives Stephens of the 164th, Stephens of the 165th, Hitchens of the 161st and Gordon of the 163rd:
A RESOLUTION honoring Visit Savannah in its 40th year; and for other purposes.
HR 1548. By Representatives Williams of the 119th, Quick of the 117th, Hitchens of the 161st, Tanner of the 9th and Welch of the 110th:
A RESOLUTION recognizing Chief Lee E. O'Dillon for 30 years of service to the City of Watkinsville; and for other purposes.
FRIDAY, FEBRUARY 26, 2016
1745
HR 1549. By Representatives Kidd of the 145th, Houston of the 170th, England of the 116th, Meadows of the 5th, Oliver of the 82nd and others:
A RESOLUTION recognizing and commending Chase Jones; and for other purposes.
HR 1550. By Representatives Dawkins-Haigler of the 91st, Stephenson of the 90th and Dickerson of the 113th:
A RESOLUTION recognizing the Resource Center for Community Action; and for other purposes.
HR 1551. By Representatives Dawkins-Haigler of the 91st, Stephenson of the 90th and Dickerson of the 113th:
A RESOLUTION recognizing Boyz to Men of Honor, Inc. (B2MH); and for other purposes.
HR 1552. By Representatives Dawkins-Haigler of the 91st and Stephenson of the 90th:
A RESOLUTION commending Angie's House, Inc.; 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 954. By Representatives Efstration of the 104th, Cooper of the 43rd, Abrams of the 89th, England of the 116th, Trammell of the 132nd and others:
A BILL to be entitled an Act to amend Title 29 of the O.C.G.A., relating to guardian and ward, so as to enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; to provide for a short title; to provide for definitions; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to enact the "Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act"; to provide for a short title; to provide for definitions; to provide for international application; to provide for communications and cooperation between courts; to provide for taking testimony in another state; to provide for jurisdiction and special
1746
JOURNAL OF THE HOUSE
jurisdiction; to provide for jurisdiction declined by reason of conduct; to provide for notice of proceedings and proceedings in more than one state; to provide for transfer of guardianship or conservatorship to another state; to provide for acceptance of guardianship or conservatorship transferred from another state; to provide for registration and recognition from other states; to provide for uniformity of application and construction; to provide for relation to electronic signature; to provide for applicability; to repeal certain provisions relating to procedure and transfers of guardianship and conservatorship; 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 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by adding a new chapter to read as follows:
"CHAPTER 11 ARTICLE 1
29-11-1. This chapter shall be known and may be cited as the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act.'
29-11-2. As used in this chapter, the term:
(1) 'Conservatorship order' means an order appointing a conservator or other order related to management of an adult's property. (2) 'Conservatorship proceeding' means a judicial proceeding in which a conservatorship order is sought or has been issued. (3) 'Emergency' means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf. (4) 'Guardianship order' means an order appointing a guardian. (5) 'Guardianship proceeding' means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued. (6) 'Home state' means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservatorship order or the appointment of a guardian or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition. (7) 'Incapacitated person' means an adult for whom a guardian has been appointed.
FRIDAY, FEBRUARY 26, 2016
1747
(8) 'Party' means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship proceeding or conservatorship proceeding. (9) 'Person,' except in the term 'incapacitated person' or 'protected person,' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity. (10) 'Protected person' means an adult for whom a conservatorship order has been issued. (11) '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. (12) 'Respondent' means an adult for whom a conservatorship order or the appointment of a guardian is sought. (13) 'Significant-connection state' means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. (14) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
29-11-3. A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5 of this chapter.
29-11-4. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this Code section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
29-11-5. (a) In a guardianship proceeding or conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) Order that an evaluation or assessment be made of the respondent; (4) Order any appropriate investigation of a person involved in a proceeding; (5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) of this subsection or any other proceeding, any
1748
JOURNAL OF THE HOUSE
evidence otherwise produced under paragraph (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4) of this subsection; (6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated person or protected person; or (7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 160.103, as amended. (b) If a court of another state in which a guardianship proceeding or conservatorship proceeding is pending requests a court of this state to do any action included in subsection (a) of this Code section, such court of this state shall have jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
29-11-6. (a) In a guardianship proceeding or conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (b) In a guardianship proceeding or conservatorship proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule as provided for under Chapter 10 of Title 24.
ARTICLE 2
29-11-10. In determining under Code Section 29-11-12 and subsection (e) of Code Section 29-1120 whether a respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent's family and other persons required to be notified of the guardianship proceeding or conservatorship proceeding; (2) The length of time the respondent at any time was physically present in the state and the duration of any absence; (3) The location of the respondent's property; and
FRIDAY, FEBRUARY 26, 2016
1749
(4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
29-11-11. This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a conservatorship order for an adult.
29-11-12. A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if:
(1) This state is the respondent's home state; (2) On the date the petition is filed, this state is a significant-connection state and:
(A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i) A petition for an appointment or order is not filed in the respondent's home state; (ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) The court in this state concludes that it is an appropriate forum under the factors set forth in Code Section 29-11-15; (3) This state does not have jurisdiction under either paragraph (1) or (2) of this Code section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitutions of this state and the United States; or (4) The requirements for special jurisdiction under Code Section 29-11-13 are met.
29-11-13. (a) A court of this state lacking jurisdiction under paragraphs (1) through (3) of Code Section 29-11-12 has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (2) Issue a conservatorship order with respect to real or tangible personal property located in this state; or (3) Appoint a guardian or conservator for an incapacitated person or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Code Section 29-11-20.
1750
JOURNAL OF THE HOUSE
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
29-11-14. Except as otherwise provided in Code Section 29-11-13, a court that has appointed a guardian or issued a conservatorship order consistent with this chapter shall have exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
29-11-15. (a) A court of this state having jurisdiction under Code Section 29-11-12 to appoint a guardian or conservator may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction under subsection (a) of this Code section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a conservatorship order be filed promptly in another state. (c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent; (2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) The length of time the respondent was physically present in or was a legal resident of this or another state; (4) The distance of the respondent from the court in each state; (5) The financial circumstances of the respondent's estate; (6) The nature and location of the evidence; (7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (8) The familiarity of the court of each state with the facts and issues in the proceeding; and (9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
29-11-16. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
FRIDAY, FEBRUARY 26, 2016
1751
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a conservatorship order is filed in a court of another state having jurisdiction; or (3) Continue to exercise jurisdiction after considering:
(A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection (c) of Code Section 29-11-15; and (C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Code Section 29-11-12. (b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
29-11-17. If a petition for the appointment of a guardian or issuance of a conservatorship order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons that would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
29-11-18. Except for a petition for the appointment of a guardian in an emergency or issuance of a conservatorship order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Code Section 29-11-13, if a petition for the appointment of a guardian or issuance of a conservatorship order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules shall apply:
(1) If the court in this state has jurisdiction under Code Section 29-11-12, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to Code Section 29-11-12 before the appointment or issuance of the order; and (2) If the court in this state does not have jurisdiction under Code Section 29-11-12, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the
1752
JOURNAL OF THE HOUSE
court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
ARTICLE 3
29-11-20. (a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this Code section shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator. (c) On the court's own motion or on request of the guardian or conservator, the incapacitated person or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this Code section. (d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and (3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient. (e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that: (1) The protected person is physically present in or is reasonably expected to move permanently to the other state or the protected person has a significant connection to the other state considering the factors in Code Section 29-11-10; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and (3) Adequate arrangements will be made for management of the protected person's property. (f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
FRIDAY, FEBRUARY 26, 2016
1753
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Code Section 29-11-21; and (2) The documents required to terminate a guardianship or conservatorship in this state.
29-11-21. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Code Section 29-11-20, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer. (b) Notice of a petition under subsection (a) of this Code section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a conservatorship order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state. (c) On the court's own motion or on request of the guardian or conservator, the incapacitated person or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this Code section. (d) The court shall issue an order provisionally granting a petition filed under subsection (a) of this Code section unless:
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated person or protected person; or (2) The guardian or conservator is ineligible for appointment in this state. (e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Code Section 29-11-20 transferring the proceeding to this state. (f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. (g) In granting a petition under this Code section, the court shall recognize a guardianship order or conservatorship order from the other state, including the determination of the incapacitated person's or protected person's incapacity and the appointment of the guardian or conservator. (h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Article 2 of Chapter 4 and Article 2 of Chapter 5 of this title if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
1754
JOURNAL OF THE HOUSE
ARTICLE 4
29-11-30. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
29-11-31. If a conservator has been appointed in another state and a petition for a conservatorship order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the conservatorship order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
29-11-32. (a) Upon registration of a guardianship order or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties. (b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
ARTICLE 5
29-11-40. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
29-11-41. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does 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).
29-11-42. (a) This chapter shall apply to guardianship proceedings and conservatorship proceedings begun on or after July 1, 2016.
FRIDAY, FEBRUARY 26, 2016
1755
(b) Articles 1, 3, and 4 of this chapter and Code Sections 29-11-40 and 29-11-41 shall apply to proceedings begun before July 1, 2016, regardless of whether a guardianship order or conservatorship order has been issued."
SECTION 2. Said title is further amended by repealing Parts 2 and 3 of Article 9 of Chapter 4, relating, respectively, to procedure and transfer of guardianship, and designating said parts as reserved.
SECTION 3. Said title is further amended by repealing Parts 2 and 3 of Article 13 of Chapter 5, relating to transfer of conservatorship, and designating said parts as reserved.
SECTION 4. Said title is further amended by revising subsection (a) of Code Section 29-4-95, relating to the definition of "foreign guardian" and the sale of ward's property, as follows:
"(a) For purposes of this part, a 'foreign guardian' is a guardian or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of an incapacitated adult referred to as the 'ward' and whose guardianship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article Article 3 of Chapter 11 of this title."
SECTION 5. Said title is further amended by revising subsection (a) of Code Section 29-5-135, relating to the definition of "foreign conservator" and the sale or disposal of property, as follows:
"(a) For purposes of this part, the term 'foreign conservator' means a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of an incapacitated adult, referred to as the ward, and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article Article 3 of Chapter 11 of this title."
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:
1756
JOURNAL OF THE HOUSE
Y Abrams Y Alexander E Allison Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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
Gardner Y Gasaway Y Gilligan
Glanton Y Golick E Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea E Pezold
Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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
Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read and adopted:
FRIDAY, FEBRUARY 26, 2016
1757
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 provide for a criminal penalty; 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 40 of Title 31 of the Official Code of Georgia Annotated, relating to tattoo studios, is amended by adding a new Code section to read as follows:
"31-40-11. (a) Each tattoo studio shall conspicuously display in a prominent place easily seen by patrons immediately upon entering the tattoo studio a printed warning sign stating the following: 'WARNING: YOU WILL LIKELY BE DISQUALIFIED FROM JOINING THE MILITARY IF YOU HAVE A TATTOO ON YOUR FACE, NECK, FOREARM, HAND, WRIST, OR LOWER LEG.' Such sign shall consist entirely of letters that are at least one inch high. (b) Any tattoo studio that fails to comply with subsection (a) of this Code section shall receive a warning for a first offense, pay a $25.00 fine for a second offense, pay a $75.00 fine for a third offense, and pay a $300.00 fine for a fourth or subsequent offense. Any fines paid pursuant to this subsection shall be paid to the county board of health in the county in which such tattoo studio is located. (c) Pursuant to Code Section 31-40-5, county boards of health shall adopt and promulgate rules and regulations for the enforcement of this Code section."
SECTION 2. This Act shall become effective on June 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 E Allison N Atwood
N Cooke Y Coomer Y Cooper N Corbett
N Harden N Harrell N Hatchett Y Hawkins
Y Metze Y Mitchell N Morris Y Mosby
Y Smith, E N Smith, L Y Smith, M Y Smith, R
1758
JOURNAL OF THE HOUSE
E Ballinger N Barr N Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley N Benton Y Beskin Y Beverly N Blackmon N Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M E Cannon N Cantrell N Carson Y Carter, A Y Carter, D N Casas Y Chandler
Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman
Y Dawkins-Haigler Y Deffenbaugh N Dempsey Y Dickerson N Dickey Y 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 E Floyd Y Fludd Y Frazier N Frye Y Gardner N Gasaway N Gilligan
Glanton Y Golick E Gordon N Gravley N Greene
Y Henson N Hightower Y Hitchens Y Holcomb N Holmes N Houston Y Howard Y Hugley E Jackson N Jasperse Y Jones, J N Jones, J.B. E Jones, L Y Jones, S E Jordan N Kaiser N Kelley Y Kendrick Y Kidd
Kirby Y Knight N LaRiccia N Lott N Lumsden Y Mabra E Marin N Martin Y Maxwell Y Mayo N McCall Y McClain
Meadows
N Nimmer Y Nix Y Oliver N Pak N Parrish Y Parsons E Peake N Petrea E Pezold N Pirkle N Powell, A N Powell, J N Price Y Prince N Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall N Reeves N Rhodes N Rice Y Rogers, C N Rogers, T N Rutledge N Rynders Y Scott Y Setzler Y Sharper N Shaw N Sims
Y Smyre N Spencer Y Stephens, M
Stephens, R Y Stephenson Y Stovall N Stover N Strickland N Tankersley N Tanner N Tarvin E Taylor, D
Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites N Watson
Welch Y Weldon N Werkheiser Y Wilkerson N Wilkinson Y Willard Y Williams, A N Williams, C Y Williams, E N Williamson
Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 76, nays 78.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Abrams of the 89th gave notice that at the proper time she would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 654.
By unanimous consent, the following Bill of the House was postponed until the next legislative day:
HB 1053. By Representative Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide that members of the board of education shall be elected on a nonpartisan basis; to provide for continuation in office of current
FRIDAY, FEBRUARY 26, 2016
1759
members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, FEBRUARY 26, 2016
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:
DEBATE CALENDAR
Modified Open Rule
HB 781 HB 795
HB 952 HB 1064 HB 1072
Local government; individuals appointed to authorities and boards be United States citizens; require (Substitute)(GAff-Raffensperger-50th) Georgia Driver's Education Commission; transfer from Department of Driver Services to the Governor's Office of Highway Safety (Substitute)(MotV-Epps-144th) "Georgia Professional Regulation Reform Act"; enact (Substitute) (SBD-Nimmer-178th) Public Safety, Department of; off-duty use of motor vehicles; revise provisions (Substitute)(PS&HS-Hitchens-161st) Education; service cancelable loan fund; remove ineligibility for such loans for members of the Georgia National Guard also receiving HOPE (HEd-Coomer-14th)
Modified Structured Rule
HB 499 HB 677 HB 920 HB 973
Motor vehicles; nonrenewal and nonissuance of driver's licenses for certain reasons; provide (Substitute)(MotV-Powell-32nd) State government; casino gambling; provide limited number of licensed resort facilities; provisions (Substitute)(RegI-Stephens-164th) (AM 36 0540) Health; hospitals and related institutions; restrict civil actions against passive investors in nursing homes and intermediate care homes (Substitute)(Judy-Kelley-16th) Public Safety, Department of; regulation of towing service providers operating on interstate highways; provisions (Substitute) (Trans-Coomer-14th)(AM 39 0159)
1760
JOURNAL OF THE HOUSE
HB 1073 HR 807
Juvenile Code; procedure in juvenile courts; change provisions (JuvJ-Strickland-111th) Casino resorts; local authorization of limited number of licensed resorts; provide - CA (Substitute)(RegI-Stephens-164th)
Structured Rule
HB 951 HB 991
Sales and use tax; admissions to major sporting events; create exemption (Substitute)(W&M-Nimmer-178th) Ad valorem tax; property; change certain definitions (Substitute) (W&M-Hitchens-161st)
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 and Resolution of the House were postponed until the next legislative day:
HB 677. By Representatives Stephens of the 164th, Rogers of the 29th, Harbin of the 122nd, Evans of the 42nd and Marin of the 96th:
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.
HR 807. By Representatives Stephens of the 164th, Rogers of the 29th, Harbin of the 122nd, Evans of the 42nd, 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 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.
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:
FRIDAY, FEBRUARY 26, 2016
1761
HB 1073. By Representatives Strickland of the 111th and Weldon of the 3rd:
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 change provisions relating to procedure in juvenile courts; to provide that adoption proceedings be stayed while an appeal of an order to terminate rights is pending; to clarify the court's duties to a case while an appeal is pending; to clarify provisions relating to the waiver of the right to counsel; 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 Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y 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 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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan
Glanton Y Golick
Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse
Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea E Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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
Yates Ralston, Speaker
1762
JOURNAL OF THE HOUSE
On the passage of the Bill, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 781. By Representatives Raffensperger of the 50th, Rynders of the 152nd, Jones of the 167th, Taylor of the 173rd, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Chapter 80 of Title 36, Article 1 of Chapter 2 of Title 45, and Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities; general provisions regarding eligibility and qualifications for public office; and general provisions relating to state government, respectively, so as to require that individuals appointed to authorities, boards, councils, and commissions be United States citizens; to provide for other residency requirements; to provide for a definition; to provide for enforcement; to provide an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, further consideration of HB 781 was suspended until later in the legislative day.
HB 1064. By Representatives Hitchens of the 161st, Welch of the 110th, Lumsden of the 12th, Tanner of the 9th and Taylor of the 79th:
A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to revise provisions for the off-duty use of motor vehicles by certain law enforcement officers of the department relative to approved off-duty employment; 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 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to revise provisions for the off-duty use of motor vehicles by certain law enforcement officers of the department relative to approved offduty employment; to provide for related matters; to repeal conflicting laws; and for other purposes.
FRIDAY, FEBRUARY 26, 2016
1763
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by revising Code Section 35-2-56, relating to use of motor vehicles or other equipment by members of Uniform Division, as follows:
"35-2-56. (a) Except as otherwise provided in subsection (b) of this Code section, no department motor vehicles shall be used by any member of the Uniform Division except in discharge of official duties. Any other equipment shall be used only with the express written approval of the commissioner. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety. (b)(1) Members of the Uniform Division may use a department motor vehicle while working an approved off-duty job that requires vested police powers as a condition of employment if such job has been approved by the commissioner, provided that no employee shall, for purposes of this subsection, use a department motor vehicle at any political function:
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the Department of Public Safety and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department's mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind. (c) The commissioner, in his or her sole discretion, in granting approval for such offduty job, or at any instance or interval thereafter, but prior to the use of such vehicle, shall determine whether the off-duty employer provided for in subsection (b) of this Code section shall reimburse the department for use of the vehicle. When reimbursement is required, such off-duty employer shall enter into a written agreement with the department to pay the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such agreement, the department shall pay the employee of the department the compensation earned on offduty employment whenever such employee performs such service in a department motor vehicle."
1764
JOURNAL OF THE HOUSE
SECTION 2. Said chapter is further amended in Code Section 35-2-101, relating to jurisdiction, duties and powers, use of dogs to detect controlled substances, and off-duty use vehicles, by revising subsection (e) as follows:
"(e)(1) Certified law enforcement officers employed by the Motor Carrier Compliance Enforcement Section may use a department motor vehicle while working an approved off-duty job that requires vested police powers as a condition of employment if such job has been approved by the commissioner, provided that no employee shall, for purposes of this subsection, use a department motor vehicle at any political function:
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department's mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind The commissioner, in his or her sole discretion, in granting approval for such off-duty job, or at any instance or interval thereafter, but prior to the use of such vehicle, shall determine whether the off-duty employer provided for in paragraph (1) of this subsection shall reimburse the department for use of the vehicle. When reimbursement is required, such off-duty employer shall enter into a written agreement with the department to pay the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such agreement, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle."
SECTION 3. Said chapter is further amended by revising Code Section 35-2-123, relating to use of vehicles by off-duty law enforcement officer, as follows:
"35-2-123. (a) Certified law enforcement officers employed by the division shall be authorized to use official vehicles while engaging in approved off-duty employment that requires vested police powers as a condition of employment if the off-duty employment has
FRIDAY, FEBRUARY 26, 2016
1765
been approved by the commissioner, provided that no employee shall, for purposes of this subsection, use a department motor vehicle at any political function:
(1) The off-duty employment is related to a contract between the off-duty employer and the department and is service in which the use of the official vehicle is a benefit to the department or is in furtherance of the department's mission; (2) The off-duty employer pays to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the official vehicle; and (3) The commissioner has approved, in writing, the individual use of the official vehicle by the law enforcement officer. (b) At no time shall an off-duty law enforcement officer be allowed the use of an official vehicle at a political function of any kind The commissioner, in his or her sole discretion, in granting approval for such off-duty job, or at any instance or interval thereafter, but prior to the use of such vehicle, shall determine whether the off-duty employer provided for in subsection (a) of this Code section shall reimburse the department for use of the vehicle. When reimbursement is required, such off-duty employer shall enter into a written agreement with the department to pay the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle. Pursuant to such agreement, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
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 E Dunahoo
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 Jasperse Y Jones, J Y Jones, J.B.
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea E Pezold Y Pirkle 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 E Taylor, D
1766
JOURNAL OF THE HOUSE
Y Broadrick Brockway
Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan
Glanton Y Golick Y Gordon Y Gravley Y Greene
E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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.
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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read and adopted:
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 automated traffic enforcement safety devices in school zones; to provide for definitions; to provide for the operation of automated traffic enforcement safety devices by agents or registered or certified peace officers; to provide for automated traffic enforcement safety device testing exceptions and procedures; to provide for automated traffic enforcement safety device use warning
FRIDAY, FEBRUARY 26, 2016
1767
signs; to provide for further exceptions for when case may be made and conviction had for exceeding posted speed limit by less than ten miles per hour; to provide for an exception for the ratio of speeding fines to an agency budget; to provide for civil enforcement of violations recorded by automated traffic enforcement safety devices; to provide for rules, regulations, and terms of use for automated traffic enforcement safety devices; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, is amended by adding two new Code sections to read as follows:
"40-14-1.1. As used in this article, the term:
(1) 'Agent' means a person or entity who is authorized by a law enforcement agency or governing body to administer the procedures contained herein and:
(A) Provides services to such law enforcement agency or governing body; (B) Operates, maintains, leases, or licenses an automated traffic enforcement safety device; or (C) Is authorized by such law enforcement agency or governing body to review and assemble the recorded images captured by the automated traffic enforcement safety device for review by a peace officer. (2) 'Automated traffic enforcement safety device' means a speed detection device that: (A) Is capable of producing photographically recorded still or video images, or both, of the rear of a motor vehicle or of the rear of a motor vehicle being towed by another vehicle, including an image of such vehicle's rear license plate; (B) Is capable of monitoring the speed of a vehicle as photographically recorded pursuant to subparagraph (A) of this paragraph; and (C) Indicates on each of the one or more photographically recorded still or video images produced the date, time, location, and speed of a photographically recorded vehicle traveling at a speed above the posted speed limit within a marked school zone. (3) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company. (4) 'Recorded images' means still or video images recorded by an automated traffic enforcement safety device. (5) 'School zone' means any roadway within 1,000 feet of the perimeter of the property of any public or private elementary school or secondary school.
1768
JOURNAL OF THE HOUSE
40-14-1.2. Nothing in this article shall be construed to mean that an agent is providing or participating in private investigative services or acting in such a manner as would render such agent subject to the provisions of Article 4 of Chapter 18 of Title 50."
SECTION 2. Said article is further amended by revising subsection (c) of Code Section 40-14-2, relating to permit required for use of speed detection devices, use not authorized where officers paid on fee system, and operation by registered or certified peace officers, as follows:
"(c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant provides law enforcement services by certified peace officers 24 hours a day, seven days a week on call or on duty or allows only peace officers employed full time by the applicant to operate speed detection devices. Speed detection devices can only be operated by registered or certified peace officers of the county sheriff, county, municipality, college, or university to which the permit is applicable; provided, however, that an automated traffic enforcement safety device may be operated by an agent or registered or certified peace officers of the county sheriff, county, or municipality to which the permit is applicable. Persons operating the speed detection devices must be registered or certified by the Georgia Peace Officer Standards and Training Council as peace officers and certified by the Georgia Peace Officer Standards and Training Council as operators of speed detection devices; provided, however, that agents may operate automated traffic enforcement safety devices without such registrations or certifications."
SECTION 3. Said article is further amended by revising Code Section 40-14-5, relating to testing and removal of inaccurate radar devices from service, as follows:
"40-14-5. (a) Each state, county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any radar unit not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the state, county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4. (b) Each county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time
FRIDAY, FEBRUARY 26, 2016
1769
a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
(c)(1) The law enforcement agency, or agent on behalf of the law enforcement agency, operating an automated traffic enforcement safety device provided for under Code Section 40-14-18 shall maintain a log for the automated traffic enforcement safety device attesting to the performance of such device's self-test at least once every 30 days and the results of such self-test pertaining to the accuracy of the automated traffic enforcement safety device. Such log shall be admissible in any court proceeding for a violation issued pursuant to Code Section 40-14-18. (2) The law enforcement agency, or agent on behalf of the law enforcement agency, operating an automated traffic enforcement safety device shall have performed an independent calibration test on the automated traffic enforcement safety device at least once every 12 months. The results of such calibration test shall be admissible in any court proceeding for a violation issued pursuant to Code Section 40-14-18."
SECTION 4. Said article is further amended by adding a new subsection to Code Section 40-14-6, relating to the requirement for warning signs, to read as follows:
"(c) In addition to the signs required under subsections (a) and (b) of this Code section, each law enforcement agency using an automated traffic enforcement safety device as provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary speed detection device within the approaching school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. Such signs shall be placed within 500 feet prior to the warning sign announcing the reduction of the speed limit for the school speed zone."
SECTION 5. Said article is further amended by revising Code Section 40-14-7, relating to the visibility of a vehicle from which a speed detection device is operated, as follows:
"40-14-7. No Except as provided for in Code Section 40-14-18, no stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet."
1770
JOURNAL OF THE HOUSE
SECTION 6. Said article is further amended by revising subsection (b) of Code Section 40-14-8, relating to when case may be made and conviction had, as follows:
"(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation or programs for care and supervision of students before school, after school, or during vacation periods as provided for under Code Section 202-65, in properly marked historic districts, and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. For purposes of this Code section, the term 'historic district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places or as defined by ordinance adopted pursuant to a local constitutional amendment."
SECTION 7. Said article is further amended by revising subsection (d) of Code Section 40-14-11, relating to investigations by the commissioner of public safety, issuance of order suspending or revoking a permit, and ratio of speeding fines to agency's budget, 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 35 percent of 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 20 miles per hour over the established speed limit and fines for speeding violations issued pursuant to Code Section 40-14-18 shall not be considered when calculating total speeding fine revenue for the agency."
SECTION 8. Said article is further amended by adding a new Code section to read as follows:
"40-14-18. (a) The speed limit within any school zone as provided for in Code Section 40-14-8 and marked pursuant to Code Section 40-14-6 may be enforced by using recorded images for violations which occurred during the time periods relative to normal hours of school operation and programs of care and supervision of students as provided for in Code Section 40-14-8 when such violations are in excess of ten miles per hour over the speed limit. (b) For the purpose of enforcement pursuant to this Code section:
(1) The driver of a motor vehicle shall be liable for a civil monetary penalty if such vehicle is found, as evidenced by recorded images, to have been operated in disregard or disobedience of the speed limit within any school zone and such disregard or
FRIDAY, FEBRUARY 26, 2016
1771
disobedience was not otherwise authorized by law. The amount of such fine shall be $125.00, in addition to fees associated with the electronic processing of such fine which shall not exceed $25.00; provided, however, that for a period of 30 days after an automated traffic enforcement safety device is first introduced within a school zone, other than an automated traffic enforcement safety device replacing a previously used automated traffic enforcement safety device, the driver of a motor vehicle shall not be liable for a civil monetary penalty but shall be issued a civil warning for disregard or disobedience of the speed limit within the school zone; (2) A law enforcement agency authorized to enforce the speed limit of a school zone shall send by first class mail addressed to the owner of the motor vehicle postmarked within 30 days after obtaining the name and address of the owner of the motor vehicle but no later than 60 days after the date of the alleged violation:
(A) A citation for the alleged violation, which shall include the date and time of the violation, the location of the infraction, the maximum speed at which such motor vehicle was traveling in recorded images, the maximum speed applicable within such school zone, the civil warning or the amount of the civil monetary penalty imposed, and the date by which a civil monetary penalty shall be paid; (B) An image taken from the recorded images showing the vehicle involved in the infraction; (C) A website address where recorded images showing the vehicle involved in the infraction and a duplicate of the information provided for in this paragraph may be viewed; (D) A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency authorized to enforce the speed limit of the school zone and stating that, based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of the speed limit in the marked school zone and that such disregard or disobedience was not otherwise authorized by law; (E) A statement of the inference provided by paragraph (4) of this subsection and of the means specified therein by which such inference may be rebutted; (F) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested through an administrative hearing; and (G) A warning that failure to pay the civil monetary penalty or to contest liability in a timely manner as provided for in subsection (d) of this Code section shall waive any right to contest liability; (3) Proof that a motor vehicle was operated in disregard or disobedience of the speed limit of the marked school zone shall be evidenced by recorded images. A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of the speed limit in the marked school zone and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and
1772
JOURNAL OF THE HOUSE
(4) Liability under this Code section shall be determined based upon a preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this Code section was operated in violation of the speed limit of the school zone, together with proof that the defendant was, at the time of such violation, the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle:
(A) Testifies under oath in open court or submits to the court a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation and identifies the name of the operator of the vehicle at the time of the alleged violation; or (B) Presents to the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation. (c) A violation for which a civil warning or a civil penalty is imposed pursuant to this Code section shall not be considered a moving traffic violation for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil warning or civil penalty pursuant to this Code section shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (d) If a person issued and mailed a citation pursuant to subsection (b) of this Code section fails to pay the penalty for the violation or has not filed a police report or notarized statement pursuant to paragraph (4) of subsection (b) of this Code section in no less than 30 nor more than 60 days after such mailing as determined and noticed by the law enforcement agency, the agent or law enforcement agency shall send to such person by first class mail a second notice of any unpaid civil penalty, except in cases where there is an adjudication that no violation occurred or there is otherwise a lawful determination that no civil penalty shall be imposed. The second notice shall include all information required in paragraph (2) of subsection (b) of this Code section and shall include a new date of return which shall be no less than 30 days after such mailing as determined and noticed by the law enforcement agency. If such person notified by second notice again fails to pay the penalty or file a police report or notarized statement pursuant to paragraph (4) of subsection (b) of this Code section by the new date of return, such person shall have waived the right to contest the violation and shall be liable for the civil monetary penalty provided for under this Code section, except in cases where there is an adjudication that no violation occurred or there is otherwise a lawful determination that no civil penalty shall be imposed. (e) Notices mailed by first class mail pursuant to this Code section shall be adequate notification of the fees and penalties imposed by this Code section. No other notice shall be required for the purposes of this Code section. (f) Any court having jurisdiction over violations of the speed limit in the school zone shall have jurisdiction over cases arising under this Code section and shall be authorized to impose the civil monetary penalty. The provisions of law governing
FRIDAY, FEBRUARY 26, 2016
1773
jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of the speed limit in the school zone shall apply to enforcement under this Code section, except as otherwise provided in this Code section; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (g) Recorded images made for purposes of this Code section shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (h) A civil warning or penalty under this Code section on the owner of a motor vehicle shall not be imposed if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation."
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 Atwood E Ballinger N Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M E Cannon N Cantrell Y Carson Y Carter, A Y Carter, D N Casas
E 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 N Dudgeon Y Dukes E Dunahoo E 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 Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Hugley E Jackson Y Jasperse
Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley N Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons E Peake Y Petrea E Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett N Quick N Raffensperger N Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice N Rogers, C Y Rogers, T Y Rutledge
Y Smith, E N Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R N Stephenson N Stovall N Stover Y Strickland Y Tankersley
Tanner N Tarvin E Taylor, D Y Taylor, T N Teasley Y Thomas, A.M.
Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon
Werkheiser Y Wilkerson Y Wilkinson Y Willard
1774
JOURNAL OF THE HOUSE
Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman
N Gilligan Glanton Golick
Y Gordon N Gravley
Greene
E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
N Rynders Y Scott N 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, by substitute, the ayes were 122, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 920. By Representatives Kelley of the 16th, Powell of the 171st, Fleming of the 121st, Petrea of the 166th and Cooper of the 43rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to restrict civil actions against passive investors in nursing homes and intermediate care homes; to provide for definitions; to provide for procedure; to provide for insurance or self-insurance trusts as a condition precedent to obtaining or maintaining a permit to operate a nursing home or intermediate care home; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to restrict civil actions against certain parties involved in nursing homes and intermediate care homes; to provide for definitions; to provide for procedure; to provide for insurance or self-insurance trusts as a condition precedent to obtaining or maintaining a permit to operate a nursing home or intermediate care home; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding two new Code sections to read as follows:
FRIDAY, FEBRUARY 26, 2016
1775
"31-7-3.3. (a) As used in this Code section, the term 'excluded party' means a person or entity that neither performs, has the duty to perform, nor controls the performance of any of the following functions at or on behalf of a nursing home or intermediate care home where alleged injuries occurred:
(1) Providing management, operation, or administrative services for such home; (2) Hiring or firing of the administrator, director of nursing, or other staff working at such home; (3) Setting or controlling the budget of such home; (4) Staffing or determining the level of staff at such home; (5) Providing direct care, treatment, or services to the residents of such home; (6) Making decisions regarding the care, treatment, or services provided to residents at such home; or (7) Adopting, implementing, or enforcing the policies and procedures for such home. (b) The mere ownership of an entity shall not, by itself, create the duty to perform the functions listed in subsection (a) of this Code section. This subsection shall not limit a claim against an owner of an entity otherwise authorized by law. (c) An excluded party shall not be named in a civil action that alleges their direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title. (d) Any person or entity named as a defendant in a civil action or arbitration, who claims to be an excluded party, may serve a notice of such claim upon the plaintiff. Such notice shall be sent to counsel for the plaintiff by certified mail, return receipt requested, or, if the plaintiff does not have an attorney, to the plaintiff personally via certified mail, return receipt requested. Such notice shall be served after the discovery period begins under applicable law for the case but not later than 30 days after such discovery period begins. (e) If, after the expiration of 90 days from the date the notice described in subsection (d) of this Code section is received, the plaintiff does not agree to a dismissal without prejudice of such defendant claiming to be an excluded party, and: (1) The court later determines that there is no genuine issue of material fact as to whether such defendant is an excluded party, grants summary judgment to such defendant as to this issue, and such order becomes final after any appeal; or (2) If an arbitrator enters judgment for such defendant as to this issue and determines that there was not a good faith basis in law and fact for the plaintiff's claim that such defendant was not an excluded party and such order becomes final after any appeal, then such finding by an arbitrator or final judgment by a court shall be deemed a finding that the plaintiff's claim against such defendant was substantially frivolous, substantially groundless, or substantially vexatious. Upon such a final judgment or finding, such excluded party shall be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation upon the filing of a motion. The court or arbitrator shall award only such reasonable and necessary attorneys' fees and expenses
1776
JOURNAL OF THE HOUSE
of litigation as the court or arbitrator determines were related to the defense of only such excluded party and not to the defense of other defendants in such action, unless otherwise authorized by law. Such attorneys' fees and expenses so awarded shall be assessed against the party asserting such claim, or against such party's attorney, or against both in such manner as is just. (f) In the event that the plaintiff prevails on any claim against a defendant claiming to be an excluded party, such judgment by a court or arbitrator shall be deemed a finding that the contention by such defendant that it was an excluded party was substantially frivolous, substantially groundless, or substantially vexatious. Upon such a final judgment or finding, the plaintiff shall be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation upon the filing of a motion. The court or arbitrator shall award only such reasonable and necessary attorneys' fees and expenses of litigation that were incurred in the pursuit of the action against the defendant claiming to be an excluded party, and the plaintiff shall not be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation that were incurred in the pursuit of the action against other defendants, unless otherwise authorized by law. Such attorneys' fees and expenses so awarded shall be assessed against the party asserting such claim, or against such party's attorney, or against both in such manner as is just. (g) The time period set forth in subsection (e) of this Code section may be extended by agreement of the parties or by order of the court; provided, however, that if during such time period any party files a motion to stay the case or a motion to compel arbitration, such time period shall be extended for 30 days following the date the court rules on such motion; and provided, further, that if any party files a motion to compel discovery, such period shall be extended until 30 days following the date that the party complies with the court's order to produce discovery, whichever is later. (h) A defendant which is a licensee shall not identify an excluded party as a potentially at-fault nonparty for purposes of apportionment under Code Section 51-12-33, unless such nonparty has entered into a settlement agreement with the plaintiff or claimant.
31-7-3.4. (a) As used in this Code section, the term 'nursing home claim' means a claim alleging direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title.
(b)(1) As a condition precedent to obtaining or maintaining a permit under this article to operate a nursing home or intermediate care home, a licensee shall carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim. (2) Failure to maintain such coverage shall result in the department:
(A) Revoking such licensee's permit issued pursuant to this article to operate the nursing home or intermediate care home; (B) Denying any application to renew such permit; and
FRIDAY, FEBRUARY 26, 2016
1777
(C) Denying any application for a change of ownership of the nursing home or intermediate care home."
SECTION 2. This Act shall become effective on July 1, 2016, and shall apply to any claim filed on or after July 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:
N Abrams N Alexander E Allison Y Atwood E Ballinger Y Barr Y Battles
Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
E Cooke Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England
Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner
Gasaway Y Gilligan
Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard N Hugley E Jackson 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 Lott Y Lumsden Y Mabra E Marin E Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea E Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall
Reeves Y Rhodes Y Rice 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 Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley
Tanner Y Tarvin E 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 N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
1778
JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, the ayes were 137, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 973. By Representatives Coomer of the 14th, Rice of the 95th, Powell of the 32nd, Kaiser of the 59th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the O.C.G.A., relating to identification and regulation of motor vehicles, so as to provide for the regulation by the Department of Public Safety of towing service providers operating on interstate highways subject to appropriation by the General Assembly; to provide for definitions; to require annual permits for the operation of towing service providers; to provide for power of the department to establish procedures for the issuance of such permits; to provide for a maximum fee to be charged for such permits; to provide for authority to promulgate rules and regulations; to provide for a right to a hearing upon denial of such permit; to provide for effective dates; 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 1 of Title 40 and Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles and dimensions and weight of vehicles and loads, respectively, so as to provide for the regulation of vehicles towing other vehicles in certain instances; to provide for regulation by the Department of Public Safety of towing service providers operating on interstate highways subject to appropriation by the General Assembly; to provide for legislative intent; to provide for definitions; to require annual permits for the operation of towing service providers; to provide for power of the department to establish procedures for the issuance of such permits; to provide for a maximum fee to be charged for such permits; to provide for authority to promulgate rules and regulations; to provide for a civil monetary penalty; to provide for a right to a hearing upon denial of such permit; to provide for effective dates; to provide for automatic repeal on January 1, 2024; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
FRIDAY, FEBRUARY 26, 2016
1779
SECTION 1.
Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles, is amended by adding a new Code section to read as follows:
"40-1-9. (a) As used in this Code section, the term:
(1) 'Commissioner' means the commissioner of public safety or the official designated by the commissioner pursuant to rules and regulations of the department. (2) 'Department' means the Department of Public Safety. (3) 'Permit' means an instrument of whatever character or nature, including, but not limited to, electronic format, issued by the department pursuant to this Code section. (4) 'Towing service provider' means any person utilizing a vehicle to tow disabled, damaged, abandoned, or wrecked vehicles in exchange for a fee. (b)(1) Subject to appropriation by the General Assembly, in order to promote safe towing practices by towing service providers in Georgia, the commissioner shall issue permits which allow towing service providers to operate on any portion of the Dwight D. Eisenhower System of Interstate and Defense Highways within this state for the duration of such permit; provided, however, that any such permit shall be in addition to and not in lieu of the ability of counties, municipalities, or consolidated governments to regulate towing service providers operating on any portion of state or local roads within such jurisdiction. (2) Pursuant to this Code section, annual permits shall be issued to towing service provider applicants who demonstrate to the satisfaction of the commissioner that the applicant has completed an operator safety course that meets or exceeds the minimum safety training standards recognized and adopted by the Towing and Recovery Association of Georgia in effect as of February 21, 2016. Any towing service provider recognized by the Georgia Department of Transportation as a Towing and Recovery Incentive Program service provider shall satisfy the safety training requirements of this paragraph. (3) Pursuant to this Code section, the commissioner may charge a fee for the issuance of such permits and may develop and adopt an apportionment schedule for fees to be established by rules and regulations promulgated by the commissioner. The fee for the issuance of a towing service provider permit shall be not more than $85.00 per towing service provider operator. (c) A copy of such permit and all other documentation required by the commissioner shall be carried by the towing service provider operator and shall be open to inspection by any law enforcement officer, employee of the department who has been given enforcement authority by the commissioner, or any law enforcement officer acting within the scope of his or her authority. (d) The commissioner is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits, including the timeline for compliance, provided that such rules and regulations are not in conflict with other provisions of law. The commissioner is authorized to issue such orders,
1780
JOURNAL OF THE HOUSE
authorizations, and modification thereof as necessary to implement this Code section. A court shall take judicial notice of all rules, regulations, and orders promulgated and issued by the department pursuant to this Code section. (e) Any person violating this Code section or any rule or regulation issued by the department shall be liable for a civil monetary penalty of $500.00. A civil penalty under this subsection may be imposed by the department only after notice and hearing. Such penalty may be collected by the department in the manner provided in Code Section 9-11-69 for the enforcement of money judgments.
(f)(1) For just cause, including, but not limited to, repeated and consistent past violations of this Code section, the commissioner may refuse to issue or may cancel, suspend, or revoke the towing service provider permit of an applicant or permittee. (2) Within 30 days after any denial or cancellation of a towing service provider permit granted pursuant to this Code section, the applicant or permit holder may appeal a denial or cancellation by requesting a hearing before the commissioner in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commissioner shall notify an applicant or permit holder in writing of the denial or cancellation by registered or certified mail or statutory overnight delivery to the last known address of the applicant or permit holder appearing in the commissioner's files or by personal service upon the applicant or permit holder by an authorized agent of the commissioner. (3) An appeal hearing provided for by this paragraph shall be conducted no more than 60 days from the date which the appeal was requested. Further, if the appellant towing service provider's permit has not expired, the permit holder shall be allowed to continue to operate under the terms of the original permit until such time that the appeal is decided or the original permit expires, whichever occurs first. (g) The commissioner is authorized to employ such persons as may be necessary, in the discretion of the commissioner, for the proper enforcement of this Code section, as provided for in this Code section and Chapter 2 of Title 35. (h) This Code section shall stand repealed on January 1, 2024."
SECTION 2. This Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval for purposes of promulgating rules and regulations and shall become effective on January 1, 2017, for all other purposes.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Coomer of the 14th and Harrell of the 106th offer the following amendment:
FRIDAY, FEBRUARY 26, 2016
1781
Amend the House Committee on Transportation substitute to HB 973 (LC 39 1358S) by replacing "2024" with "2021" on line 12.
By deleting lines 60 through 64 and inserting in lieu thereof the following: (e) Any person violating this Code section shall be guilty of a misdemeanor.
By replacing "2024" with "2021" on line 84.
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 Atwood E Ballinger N Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T N Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M E Cannon Y Cantrell N Carson Y Carter, A Y Carter, D N Casas Y Chandler N Cheokas E 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 N Dollar Y Douglas Y Drenner N Dudgeon Y Dukes E Dunahoo E 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 N Gilligan
Glanton Y Golick Y Gordon N Gravley Y Greene
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 N Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons E Peake N Petrea E Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince N Pruett N Quick N Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Taylor, D Y Taylor, T N Teasley Y Thomas, A.M.
Thomas, E N 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
1782
JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, as amended, the ayes were 130, nays 30.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 795. By Representatives Epps of the 144th, Greene of the 151st, Tanner of the 9th, Hitchens of the 161st, Jasperse of the 11th and others:
A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Driver's Education Commission, so as to transfer such commission from the Department of Driver Services to the Governor's Office of Highway Safety; to extend the sunset applicable to penalties for violations of traffic laws or ordinances; 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 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Driver's Education Commission, so as to transfer such commission from the Department of Driver Services to the Governor's Office of Highway Safety; to provide for a purpose of such commission; to provide for limitations on the disbursement of funds for driver education and training; to extend the sunset applicable to penalties for violations of traffic laws or ordinances; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a limitation upon the issuance of grants to secondary public schools for the provision of driver education training courses and programs; to provide for conditions and limitations upon the provision of driver education and training by institutions within the Technical College System of Georgia; to require certain action by the Department of Driver Services; to amend Code Section 43-13-10 of the Official Code of Georgia Annotated, relating to exceptions to chapter relative to driver training schools, so as to remove technical colleges from exceptions to such chapter; 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 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Driver's Education Commission, is amended by revising Code Section 1521-172, relating to the establishment of such commission, as follows:
FRIDAY, FEBRUARY 26, 2016
1783
"15-21-172. There is established the Georgia Driver's Education Commission, which is assigned to the Department of Driver Services Governor's Office of Highway Safety for administrative purposes only, as prescribed in Code Section 50-4-3."
SECTION 2. Said article is further amended by revising Code Section 15-21-178, relating to disbursement of funds for driver education and training, as follows:
"15-21-178. (a) The purpose of the commission shall be to provide funds for the promotion of driver's education programs in areas of the state where such services are not available by a private company. The commission may authorize the disbursement of available funds from moneys appropriated to the commission by the General Assembly for purposes of providing driver education and training programs consistent with the standards required by the Department of Driver Services under Chapter 5 of Title 40 to obtain a driver's license to a person, entity, or program eligible pursuant to criteria to be set by the commission, provided that:
(1) No disbursement shall be made to a secondary school receiving state funds and providing driver education programs when such services are provided by a private company within the geographic jurisdiction of the school district; (2) No disbursement shall be made to a secondary school receiving state funds and providing driver education programs outside the geographic jurisdiction of the school district; (3) No disbursement shall be made to a secondary school receiving state funds that provides driver education programs to a student not enrolled in the school; and (4) No disbursement shall be made to any institution within the Technical College System of Georgia providing driver education programs when such services are provided by a private company within the county where a campus is located. (b) The commission shall weigh the objective to promote driver education programs with the promotion of private business when authorizing the disbursement of available funds. (c) Nothing in this Code section shall be construed to limit the authority of the Department of Driver Services under Chapter 13 of Title 43, 'The Driver Training School and Commercial Driver Training School License Act.'"
SECTION 3. Said article is further amended in Code Section 15-21-179, relating to additional penalty for violation of traffic laws or ordinances, by revising subsection (c) as follows:
"(c) This Code section shall be repealed in its entirety on June 30, 2016 June 30, 2019, unless extended by an Act of the General Assembly."
1784
JOURNAL OF THE HOUSE
SECTION 4. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-257, relating to grants for driver education courses for secondary school students, as follows:
"20-2-257. The State Board of Education shall provide public secondary schools and local school systems with grants, subject to appropriation by the General Assembly and pursuant to applications made at the discretion of such systems. The purpose of such grants shall be to support motor vehicle driver education courses and programs for secondary school students. The amount of such grants shall be reflective of the most recent counts of age 15, 16, and 17 year old secondary school students in the public schools or local school systems. No grant shall be awarded to a public school which provides driver education courses or programs to students not enrolled in such school. The public schools or local school systems receiving such grants may expend these funds only for purposes of providing driver education courses or programs to secondary school students. Such courses or programs may be provided directly by the local school system or by contract with a private driver education school licensed by the Department of Driver Services. Such grants shall be supplemental to any other provision of state funds for such driver education courses or programs. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."
SECTION 5. Said title is further amended by adding a new Code section to read as follows:
"20-4-18.1. (a) Any driver education program offered by an institution within the Technical College System of Georgia shall be conducted by a driver training school licensed pursuant to Chapter 13 of Title 43, 'The Driver Training School and Commercial Driver Training School License Act,' which has provided such program to an educational institution for at least five years. (b) Prior to entering into an agreement with a licensed driver training school for the provision of driver education, an institution within the Technical College System of Georgia shall verify that such licensed driver training school has the resources and capacity to operate a driver education program."
SECTION 6. Code Section 43-13-10 of the Official Code of Georgia Annotated, relating to exceptions to chapter relative to driver training schools, is amended by revising subsection (a) as follows:
"(a) This chapter shall not apply to a college which is not a technical college conducting a driver or commercial driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality."
FRIDAY, FEBRUARY 26, 2016
1785
SECTION 7. This Act shall become effective on July 1, 2016.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives McCall of the 33rd and Meadows of the 5th offer the following amendment:
Amend the committee substitute to HB 795 (LC 39 1364S) by replacing lines 1 through 98 with the following: To amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Driver's Education Commission, so as to transfer such commission from the Department of Driver Services to the Governor's Office of Highway Safety; to extend the sunset applicable to penalties for violations of traffic laws or ordinances; 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 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Driver's Education Commission, is amended by revising Code Section 1521-172, relating to the establishment of such commission, as follows:
"15-21-172. There is established the Georgia Driver's Education Commission, which is assigned to the Department of Driver Services Governor's Office of Highway Safety for administrative purposes only, as prescribed in Code Section 50-4-3."
SECTION 2. Said article is further amended in Code Section 15-21-179, relating to additional penalty for violation of traffic laws or ordinances, by revising subsection (c) as follows:
"(c) This Code section shall be repealed in its entirety on June 30, 2016 June 30, 2019, unless extended by an Act of the General Assembly."
SECTION 3.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
1786
JOURNAL OF THE HOUSE
Y Abrams Y Alexander E Allison Y Atwood E Ballinger N Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley N Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas E Clark, D Y 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 Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo E 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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver E Pak Y Parrish Y Parsons E Peake Y Petrea E Pezold Y Pirkle N Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes N Rice 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 N Stover Y Strickland Y Tankersley Y Tanner N Tarvin E Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the amendment, the ayes were 144, nays 8.
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 Y Alexander E Allison
E Cooke Y Coomer Y Cooper
Y Harden Y Harrell Y Hatchett
Y Metze Y Mitchell Y Morris
Y Smith, E Y Smith, L Y Smith, M
FRIDAY, FEBRUARY 26, 2016
1787
Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley N Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
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 E 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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Mosby Y Nimmer Y Nix Y Oliver E Pak Y Parrish Y Parsons E Peake Y Petrea E Pezold Y Pirkle N Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 N Stover Y Strickland Y Tankersley Y Tanner N Tarvin E Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 148, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 991. By Representatives Hitchens of the 161st, Powell of the 171st and Williamson of the 115th:
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:
1788
JOURNAL OF THE HOUSE
A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to provide that a tax collector or tax commissioner shall waive the collection of penalties and interest incurred upon default that occurred due to a taxpayer's military service in a combat zone if the taxpayer pays the underlying tax liability within 60 days of the end of such military service; to provide a short title; 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 "Returning Heroes Act."
SECTION 2.
Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, is amended by adding a new Code section to read as follows:
"48-5-243. The tax collector or tax commissioner shall waive the collection of any amount due the taxing authorities for which taxes are collected, when such amount represents a penalty or an amount of interest assessed for failure to comply with the laws governing the assessment and collection of ad valorem taxes, if:
(1) The tax collector or tax commissioner determines that the default giving rise to such penalty or interest was due to a taxpayer's military service in the armed forces of the United States in an area designated by the President of the United States by executive order as a combat zone and not due to gross or willful neglect or disregard of the law or of regulations or instructions issued pursuant to the law; and (2) The taxpayer makes full payment of taxes due, not including penalties and interest, within 60 days of such taxpayer's return from such military service."
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 Y Atwood
E Cooke Y Coomer Y Cooper Y Corbett
Y Harden Y Harrell Y Hatchett Y Hawkins
Y Metze Y Mitchell Y Morris Y Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
FRIDAY, FEBRUARY 26, 2016
1789
E Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
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 E 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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Nimmer Nix
Y Oliver E Pak Y Parrish Y Parsons E Peake Y Petrea E Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger
Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E 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 E 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.
HB 951. By Representatives Nimmer of the 178th, Powell of the 171st, Abrams of the 89th, Dickey of the 140th, Smyre of the 135th 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 state sales and use taxes, so as to create a new exemption for admissions to major sporting events; to provide a definition; 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:
1790
JOURNAL OF THE HOUSE
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide for a back-to-school sales tax holiday; to provide for a sales tax holiday for certain energy efficient products; to create a new exemption for admissions to major sporting events; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for automatic repeal; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, is amended by revising subparagraph (A) of paragraphs (75) and (82) and by deleting "or" at the end of paragraph (95), by deleting the period and adding "; or" at the end of paragraph (96), and by adding a new paragraph to read as follows:
"(75)(A) The sale of eligible property. The exemption provided by this paragraph applies only to sales occurring during periods:
(i) Commencing the period commencing at 12:01 A.M. on August 1, 2014 July 30, 2016, and concluding at 12:00 Midnight on August 2, 2014; and July 31, 2016. (ii) Commencing at 12:01 A.M. on July 31, 2015, and concluding at 12:00 Midnight on August 1, 2015." "(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 occurring during the period commencing at 12:01 A.M. on October 3, 2014 September 30, 2016, and concluding at 12:00 Midnight on October 5, 2014; and October 2, 2016. (ii) Commencing at 12:01 A.M. on October 2, 2015, and concluding at 12:00 Midnight on October 4, 2015." "(97)(A) Sales of admissions to nonrecurring major sporting events in this state expected to generate over $50 million in the host locality. (B) As used in this paragraph, the term 'major sporting event' means the National Football League championship game; any semifinal game or championship game of a national collegiate tournament; a Major League Baseball, Major League Soccer, or National Basketball Association all-star game; or any other nonrecurring major sporting event determined by the commissioner of economic development and the state revenue commissioner to be a major sporting event. (C) As used in this paragraph, the term 'nonrecurring' means not occurring in this state more than once every three years.
FRIDAY, FEBRUARY 26, 2016
1791
(D) The revenue projections for purposes of this paragraph shall include, but not be limited to, lodging, meals, vehicle rentals, and admissions to tourist attractions. (E) Determinations made under this paragraph by the commissioners on or after the effective date of this paragraph shall be made prior to the date of the convening of the General Assembly immediately preceding the awarding of the sales tax exemption for a major sporting event. Such a determination shall become effective either 30 days prior to the major sporting event or on the first fiscal day of the fiscal year immediately following a year during which such determination was made, whichever is earlier. Such a determination may be rendered null and void by a joint resolution passed by both chambers of the General Assembly. In the event that the presiding officers of the General Assembly, in their discretion, choose to introduce such a joint resolution, a special committee in each respective chamber of the General Assembly will be appointed by the presiding officers of both chambers of the General Assembly for the purpose of considering such a joint resolution, subject to the rules of both respective chambers. (F) This paragraph shall stand automatically repealed on December 31, 2022; provided, however, that this repeal shall not apply to any event for which an application has been submitted prior to December 31, 2022."
SECTION 2. This Act shall become effective on July 1, 2016, and shall be applicable to admissions purchased on or after January 1, 2017. This Act shall only apply to events secured on or after the effective date of this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Ehrhart of the 36th was excused from voting on HB 951.
The report of the Committee, which was favorable to the passage of the Bill, 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 Atwood E Ballinger N Barr Y Battles Y Beasley-Teague Y Belton
E Cooke Y Coomer
Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harden E Harrell Y Hatchett Y Hawkins Y Henson E Hightower Y Hitchens Y Holcomb Y Holmes
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver E Pak Y Parrish
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson
1792
JOURNAL OF THE HOUSE
E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns N Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman
Y Dickson Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes E Dunahoo E Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan E Glanton Y Golick Y Gordon N Gravley Y Greene
Y Houston Y Howard Y Hugley E Jackson N Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley E Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin N Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Parsons E Peake N Petrea E Pezold N Pirkle E Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger N Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
Y Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin E 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 Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 127, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 952. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Coomer of the 14th and Carter of the 175th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating professions and businesses, so as to enact the "Georgia Professional Regulation Reform Act"; to provide for executive oversight of licensing boards; to establish state policy for the regulation of certain professions and businesses; to provide for legislative intent; 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, FEBRUARY 26, 2016
1793
To amend Title 43 of the Official Code of Georgia Annotated, relating professions and businesses, so as to enact the "Georgia Professional Regulation Reform Act"; to provide for state oversight of licensing boards; to establish state policy for the regulation of certain professions and businesses; to provide for legislative findings; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows:
"CHAPTER 1C
43-1C-1. This chapter shall be known and may be cited as the 'Georgia Professional Regulation Reform Act.'
43-1C-2. The General Assembly finds, determines, and declares that:
(1) In N.C. State Bd. of Dental Exam'rs v. FTC, 135 S. Ct. 1101 (2015), the Supreme Court of the United States established a new standard for determining whether state professional licensing boards and board members are entitled to immunity for federal antitrust violations. Pursuant to N.C. State Bd. of Dental Exam'rs, state professional licensing boards and board members are entitled to antitrust immunity only if:
(A) Their anticompetitive conduct is consistent with "clearly articulated" state policy; and (B) The state provides "active supervision" of their conduct. (2) It is the policy of the State of Georgia to increase economic opportunities for all of its citizens by promoting competition and thereby encouraging innovation and job growth. It is therefore also the policy of the State of Georgia to displace competition only when necessary to protect consumers from present, significant, and substantiated harms that threaten public health and safety. (3) By establishing the policies and procedures of this chapter, the General Assembly intends to ensure that the state's professional licensing boards and board members are entitled to antitrust immunity and that state laws relating to professions and businesses are interpreted and enforced in a manner consistent with clearly articulated state policy.
43-1C-3. As used in this chapter, the term:
1794
JOURNAL OF THE HOUSE
(1) 'Professional licensing board' means any board, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade, including all boards, commissions, or other agencies established pursuant to this title or Chapter 4 of Title 26; provided, however, that such term shall not include the State Bar of Georgia. (2) 'Rule' means a regulation, standard, or statement of general applicability, whether formal or informal, that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any professional licensing board. Such term shall include the amendment or repeal of a prior rule but shall not include statements of policy or interpretation made as part of a decision in a contested case.
43-1C-4. (a) The Secretary of State shall have the authority and duty to actively supervise the professional licensing boards of this state to ensure that their actions are consistent with clearly articulated state policy and shall therefore have the authority and duty to:
(1) Review and, in writing, approve or veto any rule before it is filed in the office of the Secretary of State if such rule is required to be filed in the office of the Secretary of State by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' or before such rule becomes effective, if filing is not required; (2) Review and, in writing, approve or veto any rule that is:
(A) Challenged via an appeal to the Secretary of State after the denial of a petition filed pursuant to Code Section 50-13-9; or (B) Submitted by a professional licensing board for review by the Secretary of State; (3) Review and, in writing, approve, remand, modify, or reverse any action by a professional licensing board that is: (A) Challenged via an appeal to the Secretary of State; or (B) Submitted by a professional licensing board for review by the Secretary of State; and (4) Promulgate any regulations necessary to effectuate the provisions of this chapter, including regulations relating to the process, procedures, and timelines that will govern any appeal or submission filed in accordance with this Code section. (b) Any review undertaken by the Secretary of State pursuant to subsection (a) of this Code section shall be fully completed within 90 days. (c) Nothing in this Code section shall be interpreted to subject the Secretary of State to any of the administrative procedures of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
FRIDAY, FEBRUARY 26, 2016
1795
The report of the Committee, which was favorable to the passage of the Bill, 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 Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon N Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman
E Cooke Y Coomer
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 E Dunahoo E 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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson E Hightower
Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley E Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea E Pezold Y Pirkle E Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw E Ramsey Y Randall E Reeves Y Rhodes Y Rice 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 N Tarvin E 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
Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 145, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the House, having previously been read, was again taken up for consideration:
1796
JOURNAL OF THE HOUSE
HB 781. By Representatives Raffensperger of the 50th, Rynders of the 152nd, Jones of the 167th, Taylor of the 173rd, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Chapter 80 of Title 36, Article 1 of Chapter 2 of Title 45, and Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities; general provisions regarding eligibility and qualifications for public office; and general provisions relating to state government, respectively, so as to require that individuals appointed to authorities, boards, councils, and commissions be United States citizens; to provide for other residency requirements; to provide for a definition; to provide for enforcement; to provide an effective date and applicability; 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, Article 1 of Chapter 2 of Title 45, and Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities; general provisions regarding eligibility and qualifications for public office; and general provisions relating to state government, respectively, so as to require that individuals appointed to authorities, boards, councils, and commissions be United States citizens or nationals or lawful permanent residents; to provide for other residency requirements; to provide for other qualifications; to provide for exceptions; to provide for definitions; to provide for enforcement; to provide 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by revising Code Section 36-80-1, which is designated as reserved, as follows:
"36-80-1. (a) As used in this Code section, the term:
(1) 'Lawful permanent resident' means a person who is not a United States citizen but who has the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration
FRIDAY, FEBRUARY 26, 2016
1797
laws of the United States, and such status has not been revoked or found administratively or judicially to have been abandoned. (2) 'Local governing body' means any political subdivision of this state, including any county, consolidated government, municipality, or other local public body corporate, governmental unit, or political subdivision. (3) 'Policy' means the establishment of procedures, rules, regulations, or requirements which do not require the approval or review of the appointing official or body to be implemented. (b) Except for ex officio, nonvoting members, no individual shall be appointed to serve on an authority, school district, commission, council, or board for a local governing body which establishes policy, spends public funds, levies taxes, or imposes or collects fees or charges unless:
(1)(A) He or she is a citizen or national of the United States or a lawful permanent resident; and (B) He or she is a legal resident of the State of Georgia; provided, however, that an individual who resides in another state in a county of such state that abuts the State of Georgia and who is the owner of a business in the State of Georgia of which such individual exercises day-to-day executive or operational control shall be eligible. As used in this paragraph, the term 'owner' means the direct or indirect ownership of more than 50 percent of the assets or stock of a business; or (2) He or she is an active duty member of the armed forces of the United States or an immediate family member of such person. (c) It shall be the duty of the appointing official or body to ensure compliance with this Code section. Reserved."
SECTION 2. Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding eligibility and qualifications for public office, is amended by adding a new Code section to read as follows:
"45-2-10. (a) As used in this Code section, the term:
(1) 'Lawful permanent resident' means a person who is not a United States citizen but who has the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws of the United States, and such status has not been revoked or found administratively or judicially to have been abandoned. (2) 'Policy' means the establishment of procedures, rules, regulations, or requirements which do not require the approval or review of the appointing official or body to be implemented. (b) Except for ex officio, nonvoting members, in addition to all other qualifications to be appointed to serve on any municipal or county board, commission, or authority which establishes policy, spends public funds, levies taxes, or imposes or collects fees or charges, an individual shall be:
1798
JOURNAL OF THE HOUSE
(1)(A) A citizen or national of the United States or a lawful permanent resident; and (B) A legal resident of the State of Georgia; provided, however, that an individual who resides in another state in a county of such state that abuts the State of Georgia and who is the owner of a business in the State of Georgia of which such individual exercises day-to-day executive or operational control shall be eligible. As used in this paragraph, the term 'owner' means the direct or indirect ownership of more than 50 percent of the assets or stock of a business; or (2) He or she is an active duty member of the armed forces of the United States or an immediate family member of such person. (c) Except for ex officio, nonvoting members, in addition to all other qualifications to be appointed to serve on any state authority, board, council, or commission which establishes policy, spends public funds, levies taxes, or imposes or collects fees or charges, an individual shall be a citizen or national of the United States or a lawful permanent resident, and a legal resident of this state."
SECTION 3. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to state government, is amended by adding a new Code section to read as follows:
"50-1-10. (a) As used in this Code section, the term:
(1) 'Lawful permanent resident' means a person who is not a United States citizen but who has the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws of the United States, and such status has not been revoked or found administratively or judicially to have been abandoned. (2) 'Policy' means the establishment of procedures, rules, regulations, or requirements which do not require the approval or review of the appointing official or body to be implemented. (b) Except for ex officio, nonvoting members, no individual shall be appointed to serve on a state authority, board, council, or commission which establishes policy, spends public funds, levies taxes, or imposes or collects fees or charges unless he or she: (1) Is a citizen or national of the United States or a lawful permanent resident, and a legal resident of this state; or (2) Is an active duty member of the armed forces of the United States or an immediate family member of such person. It shall be the duty of the appointing official or body to ensure compliance with this Code section."
SECTION 4. This Act shall become effective on July 1, 2016, and shall apply to appointments made on or after such date.
FRIDAY, FEBRUARY 26, 2016
1799
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Taylor of the 79th was excused from voting on HB 781.
The following amendment was read:
Representative Willard of the 51st moves to amend the committee substitute to HB 781 as follows:
1. Line 29; insert "elected or", before "appointed".
2. Line 73; insert "elected or", before "appointed".
3. Line 91; insert "elected or", before "appointed".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison N Atwood E Ballinger N Barr N Battles Y Beasley-Teague N Belton E Bennett, K Y Bennett, T Y Bentley N Benton N Beskin Y Beverly N Blackmon N Broadrick E Brockway Y Bruce E Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M E Cannon N Cantrell
E Cooke N Coomer
Cooper N Corbett Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson N Dollar Y Douglas E Drenner N Dudgeon Y Dukes E Dunahoo E Duncan
Ealum N Efstration N Ehrhart N England N Epps Y Evans N Fleming E Floyd Y Fludd
N Harden N Harrell N Hatchett N Hawkins E Henson E Hightower N Hitchens Y Holcomb N Holmes N Houston Y Howard Y Hugley E Jackson N Jasperse N Jones, J N Jones, J.B. N Jones, L Y Jones, S E Jordan Y Kaiser N Kelley E Kendrick N Kidd
Kirby N Knight N LaRiccia
Y Metze Y Mitchell N Morris Y Mosby N Nimmer N Nix Y Oliver Y Pak Y Parrish N Parsons E Peake N Petrea E Pezold N Pirkle E Powell, A N Powell, J N Price Y Prince N Pruett N Quick N Raffensperger N Rakestraw E Ramsey Y Randall E Reeves N Rhodes
Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover N Strickland N Tankersley N Tanner N Tarvin E Taylor, D
Taylor, T N Teasley Y Thomas, A.M. E Thomas, E Y Trammell N Turner Y Waites N Watson N Welch N Weldon
1800
JOURNAL OF THE HOUSE
N Carson E Carter, A Y Carter, D N Casas N Chandler N Cheokas E Clark, D N Clark, H N Clark, V E Coleman
Y Frazier Y Frye Y Gardner N Gasaway N Gilligan E Glanton N Golick Y Gordon N Gravley N Greene
N Lott N Lumsden Y Mabra E Marin N Martin N Maxwell Y Mayo N McCall Y McClain
Meadows
N Rice N Rogers, C
Rogers, T N Rutledge N Rynders Y Scott N Setzler N Sharper N Shaw E Sims
N Werkheiser Y Wilkerson E Wilkinson Y Willard Y Williams, A N Williams, C E Williams, E N Williamson N Yates
Ralston, Speaker
On the adoption of the amendment, the ayes were 49, nays 93.
The amendment was lost.
The following amendment was read:
Representatives Oliver of the 82nd and Abrams of the 89th move to amend the committee substitute to HB 781 as follows:
Page 2, line 31 after "levies taxes" strike "or" and insert "and" in lieu thereof.
The following amendment was read:
Representative Ehrhart of the 36th et al. move to amend the Oliver amendment as follows:
On page 2 line 31 Replace "and" with "or Assesses,".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison Y Atwood E Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K N Bennett, T N Bentley
E Cooke Y Coomer
Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson E Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver N Pak Y Parrish Y Parsons E 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 Y Strickland
FRIDAY, FEBRUARY 26, 2016
1801
Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick E Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A N Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V E Coleman
E Drenner Y Dudgeon N Dukes E Dunahoo E Duncan
Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming E Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Gilligan E Glanton Y Golick N Gordon Y Gravley Y Greene
E Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S E Jordan N Kaiser Y Kelley E Kendrick N Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra E Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
E Pezold Y Pirkle E Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey N Randall E Reeves Y Rhodes Y Rice Y Rogers, C
Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw E Sims
Y Tankersley Y Tanner Y Tarvin E Taylor, D
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 E Wilkinson Y Willard
Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the amendment, the ayes were 95, nays 48.
The amendment was adopted.
The Oliver amendment, as amended, was adopted.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison Y Atwood E Ballinger Y Barr Y Battles N Beasley-Teague Y Belton E Bennett, K N Bennett, T N Bentley
E Cooke Y Coomer
Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson E Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver N Pak N Parrish Y Parsons E Peake Y Petrea
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M N Stephens, R Y Stephenson N Stovall Y Stover Y Strickland
1802
JOURNAL OF THE HOUSE
Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick E Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A N Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V E Coleman
E Drenner Y Dudgeon N Dukes E Dunahoo E Duncan
Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming E Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Gilligan E Glanton Y Golick N Gordon Y Gravley Y Greene
E Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S E Jordan N Kaiser Y Kelley E Kendrick N Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra E Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
E Pezold Y Pirkle E Powell, A Y Powell, J N Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey N Randall E Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw E Sims
Y Tankersley Y Tanner Y Tarvin E Taylor, D
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 E Wilkinson E Willard
Williams, A N Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 93, nays 50.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 1072. By Representatives Coomer of the 14th, Abrams of the 89th, Rogers of the 29th, Blackmon of the 146th, Harden of the 148th and others:
A BILL to be entitled an Act to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan fund and authorized types of service cancelable educational loans financed by state funds and issued by the Georgia Student Finance Authority, so as to remove ineligibility for such loans for members of the Georgia National Guard also receiving HOPE scholarship or HOPE grant 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:
Y Abrams Y Alexander E Allison
E Cooke Y Coomer
Cooper
Y Harden Y Harrell Y Hatchett
Y Metze Y Mitchell Y Morris
Y Smith, E Y Smith, L Y Smith, M
FRIDAY, FEBRUARY 26, 2016
1803
Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton E Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson E Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V E Coleman
Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner
Dudgeon Y Dukes E Dunahoo E Duncan
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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hawkins E Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea E Pezold Y Pirkle E Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall E Reeves Y Rhodes Y Rice Y Rogers, C Y 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 E 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 E Willard
Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 1096 Do Pass
1804
JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Parsons of the 44th
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 999 Do Pass
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 285 Do Pass, by Substitute HB 365 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 29, 2016, 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 29, 2016.
MONDAY, FEBRUARY 29, 2016
1805
Representative Hall, Atlanta, Georgia
Monday, February 29, 2016
Thirtieth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles E Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell Carson Carter, A Carter, D Casas Chandler Cheokas Clark, D
Clark, H Clark, V Coleman Cooke Coomer Cooper Corbett Deffenbaugh Dempsey Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo E Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon
Gravley Greene Harden Harrell Hatchett Hawkins E 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 Lott Lumsden Mabra Marin Martin E Maxwell
Mayo McCall McClain Meadows Metze Mitchell Morris Nimmer Nix Oliver Pak Parrish Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders
Scott Setzler Sharper Shaw Sims Smith, E Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, E Trammell Turner Waites Watson Welch Werkheiser Wilkerson Wilkinson Williams, A Williams, C Yates Ralston, Speaker
The following members were off the floor of the House when the roll was called:
Representatives Dawkins-Haigler of the 91st, Golick of the 40th, Kirby of the 114th, Mosby of the 83rd, Stephenson of the 90th, Stover of the 71st, Thomas of the 56th, Weldon of the 3rd, and Williamson of the 115th.
1806
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Reverend Jonathan Howes, Lead Pastor, Graystone Church, Loganville, 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 Office Building, Room 509
Atlanta, Georgia 30334
2-26-16
I would vote no on HB 920.
Thanks
/s/ Rep. Beasley-Teague 65th
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.
MONDAY, FEBRUARY 29, 2016
1807
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 1098. By Representatives Gordon of the 163rd, Stephens of the 165th and Waites of the 60th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to repeal and reserve Code Section 32-10-77, relating to General Assembly approval of funding for streetcar projects; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 1099. By Representative Holcomb of the 81st:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relative 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 change the composition of the governing authority; to abolish the office of chief executive officer; to provide for a commission chairperson to be elected at large; to shorten certain terms of office; to provide for elections and new terms of office; to provide for term limits; to provide for a county manager; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1100. By Representatives Oliver of the 82nd, Willard of the 51st, Abrams of the 89th, Efstration of the 104th, Wilkerson of the 38th and others:
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 change the jurisdiction of the juvenile court to include children who are under the age of 18 years; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
1808
JOURNAL OF THE HOUSE
HR 1541. By Representatives Hawkins of the 27th, Reeves of the 34th, Pezold of the 133rd, Dollar of the 45th, Shaw of the 176th and others:
A RESOLUTION creating the Joint Music Economic Development Study Committee; and for other purposes.
Referred to the Committee on Special Rules.
HR 1542. By Representatives Reeves of the 34th, Stephens of the 164th, Hawkins of the 27th, Strickland of the 111th, Frye of the 118th and others:
A RESOLUTION creating the House Study Committee on Music Economic Development; and for other purposes.
Referred to the Committee on Special Rules.
HR 1553. By Representatives Pruett of the 149th, Clark of the 98th, Clark of the 101st, Deffenbaugh of the 1st, Beskin of the 54th and others:
A RESOLUTION creating the House Study Committee on Homes for Georgia's Families; and for other purposes.
Referred to the Committee on Special Rules.
HR 1554. By Representative Sims of the 123rd:
A RESOLUTION recognizing United States military veterans of the Vietnam War and dedicating a road 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 1097 HR 1527 SB 258 SB 331 SB 367 SB 419
HR 1526 HR 1528 SB 302 SB 365 SB 388
MONDAY, FEBRUARY 29, 2016
1809
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 29, 2016
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
Modified Open Rule
HB 513 HB 889 HB 934
Pleadings and motions; procedure for claims asserted against a person or entity arising from an act which could be construed as an act in furtherance of the right of free speech or right to petition government for redress of grievances; revise provisions (Substitute)(JudyNC-Stephens-164th) Professions and businesses; funeral establishments and crematories; authorize certain advertisements related to crematories and cremation services (Substitute)(RegI-Kidd-145th) Human Services, Department of; website providing kinship caregivers with information and access to apply for public assistance benefits; provide (HumR-Kirby-114th)
Modified Structured Rule
HB 12
HB 171
HB 699
HB 727
HB 734 HB 779
HB 825 HB 868
HB 976
Georgia Military Service Integrity and Preservation Act; enact (Substitute)(JudyNC-Rogers-10th) Laws and statutes; revise provisions relating to effect and enforcement of foreign laws; provisions (Substitute)(Judy-Hightower-68th) Local government; define a certain term; provisions (Substitute)(GAffWelch-110th) Fireworks; certain further regulations by counties and municipal corporations; provide (Substitute)(RegI-Battles-15th)(AM 41 0156) "Georgia Space Flight Act"; enact (Substitute)(Judy-Spencer-180th) Crimes and offenses; regulate use of unmanned aircraft systems and images; provisions (Substitute)(JudyNC-Tanner-9th) "Protecting Military Children Act"; enact (JuvJ-Smith-125th) State government; Georgia State Games Commission; eliminate (SPropRogers-10th) State records management; minimum retention periods for video recordings from law enforcement devices on or inside a vehicle; provide (Substitute)(PS&HS-Hitchens-161st)
1810
JOURNAL OF THE HOUSE
HB 1060 HB 1066 HB 1070
Crimes and offenses; carrying and possession of firearms; confirm that the right of the people to keep and bear arms shall not be infringed (Substitute)(PS&HS-Jasperse-11th) Penal institutions; additional duties of commissioner of corrections; authorize chief of staff to issue warrants of an offender who has escaped (PS&HS-Powell-32nd) Domestic relations; adoption; permit the department to use certain information in the records concerning the adopted child's biological parents (Judy-Dempsey-13th)
Structured Rule
HB 364 HB 471 HB 722 HB 828 HB 935 HB 936 HB 937 HB 990 HB 1014 HB 1028
Real estate transfer tax; change certain provisions (Substitute)(W&MKnight-130th) Ad valorem tax; heavy-duty vehicles; add a definition of certain vehicles (Substitute)(W&M-Stephens-164th) Health; patient registry program for the use of medical cannabis; provide (Substitute)(JudyNC-Peake-141st) Income tax credit; employers who hire certain qualified parolees for fulltime jobs; create (Substitute)(W&M-Fludd-64th) Ad valorem tax; properties eligible for a freeport exemption; add certain fulfillment centers (Substitute)(W&M-Harrell-106th) Income tax; wages necessary to qualify for a job tax credit; clarify certain terms (W&M-Harrell-106th) Sales and use tax; exemption for projects of regional significance; change sunset provision (W&M-Harrell-106th) Alternative ad valorem tax; motor vehicles; change certain definitions (Substitute)(W&M-Powell-171st) Income tax; exemption for donation of real property for conservation use; extend sunset date (W&M-Powell-171st) Natural Resources, Department of; Environmental Protection Division; provide notice to affected localities upon certain events relating to permitted solid or hazardous waste facilities (Substitute)(NR&EWerkheiser-157th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
MONDAY, FEBRUARY 29, 2016
1811
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 226. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Gordon, approved March 24, 1988 (Ga. L. 1988, p. 4375), as amended, so as to comprehensively revise the charter of the City of Gordon; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
SB 269. By Senators Stone of the 23rd, Heath of the 31st, Thompson of the 14th, Ligon, Jr. of the 3rd, Martin of the 9th and others:
A BILL to be entitled an Act to amend Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to the prohibition on immigration sanctuary policies by local governmental entities, so as to require local governing bodies to provide certain entities with a certification of compliance with such Code section as a condition of funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 274. By Senators Albers of the 56th and Beach of the 21st:
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 provide for the nonrevival of a previously repealed Act; to repeal conflicting laws; and for other purposes.
SB 327. By Senators Hill of the 32nd, Hill of the 6th, McKoon of the 29th, Crane of the 28th, Thompson of the 14th and others:
1812
JOURNAL OF THE HOUSE
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 prohibit the state, including all of its subdivisions and instrumentalities, from entering into certain contracts with an individual or company unless such contracts contain a certification that such individual or company does not presently conduct a boycott of Israel and will not conduct such a boycott for the duration of such contract; to exclude certain contracts from these requirements; to provide for definitions; to repeal conflicting laws; and for other purposes.
SB 332. By Senators Kennedy of the 18th, VanNess of the 43rd, Dugan of the 30th, Cowsert of the 46th, Walker III of the 20th and others:
A BILL to be entitled an Act to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 1611-126 through 16-11-127.2, so as to clarify the judges and Justices who are exempt from various weapons carry laws and prohibitions; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the issuance of personal identification cards to certain judges and Justices of the federal and state judiciary who are exempt from various weapons carry laws and prohibitions; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 333. By Senators Kennedy of the 18th, VanNess of the 43rd, Dugan of the 30th, Cowsert of the 46th, Walker III of the 20th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to nonprofit corporations, so as to allow for a nonprofit corporation organized in a foreign jurisdiction to change its jurisdiction of organization to this state; to allow for a nonprofit corporation organized in this state to change its jurisdiction of organization to a foreign jurisdiction; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 335. By Senators Black of the 8th, Hufstetler of the 52nd, Hill of the 6th, Jones of the 10th and Lucas of the 26th:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to revise provisions related to permissible investments in commingled funds and collective investment funds; to repeal conflicting laws; and for other purposes.
MONDAY, FEBRUARY 29, 2016
1813
SB 345. By Senators Hill of the 6th, Hill of the 32nd, VanNess of the 43rd, Bethel of the 54th, Watson of the 1st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to corporations organized for religious, fraternal, or educational purposes, so as to provide for the policy of the state with regard to determining the property rights of religious organizations; to provide that such disputes shall be resolved by a neutral principles analysis of all relevant matters; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 347. By Senator Bethel of the 54th:
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 extensive changes to the captive insurance company provisions of this title; to provide for definitions for types of captive insurance companies; to provide for creation and regulation of different types of captive insurance companies; to provide for certain exemptions; to change certain requirements; to provide for regulation by the Commissioner; to repeal conflicting laws; and for other purposes.
SB 364. By Senators Tippins of the 37th, Sims of the 12th, Wilkinson of the 50th, Shafer of the 48th, Cowsert of the 46th 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 annual teacher, principal, and assistant principal evaluations; to revise provisions relating to student assessment; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 366. By Senators Gooch of the 51st, Cowsert of the 46th, Williams of the 19th, Hill of the 4th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Code Section 50-22-7 of the Official Code of Georgia Annotated, relating to exemptions from requirements of state agencies relative to the selection of and contracts with providers of professional services, so as to provide for an alternative selection process for the Department of Transportation; to provide for related matters; to repeal conflicting laws; and for other purposes.
1814
JOURNAL OF THE HOUSE
SB 369. By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise the standard of compliance from explosion to ignition; to provide for definitions; 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 provide for further regulations by municipal corporations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 374. By Senators Tippins of the 37th and Hill of the 4th:
A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for temporary exemption from certain financial reporting requirements for local school systems participating in a federally authorized pilot program; to provide for related matters; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
SB 379. By Senators Ginn of the 47th, Wilkinson of the 50th, Harper of the 7th, Mullis of the 53rd, Albers of the 56th 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 taxes, so as to provide an exemption for fire districts which have elected governing bodies and are supported by ad valorem taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 383. By Senators Ginn of the 47th, Mullis of the 53rd, Black of the 8th, Williams of the 27th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the O.C.G.A., relating to the regulation of maintenance and use of public roads, so as to provide for the purpose of the Roadside Enhancement and Beautification Council; to provide for the issuance of permits for the removal or trimming of vegetation on state rights of way when such vegetation obstructs the target viewing zone of a building, sign, or structure upon commercial property; to provide for procedures, conditions, and limitations for the issuance of such permits; to provide for the department to set standards for applications and
MONDAY, FEBRUARY 29, 2016
1815
fees for such permits; to prohibit the removal or certain types of vegetation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 730. By Senators Ligon, Jr. of the 3rd, Watson of the 1st and Jackson of the 2nd:
A RESOLUTION encouraging the Coastal Regional Commission and other entities to support implementation of the Coastal Georgia Greenway; and for other purposes.
SR 809. By Senators Fort of the 39th and Tate of the 38th:
A RESOLUTION proposing an amendment to the Constitution so as to prohibit county and municipal governments from entering into contracts with private entities for the provision of parking enforcement services; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
SR 863. By Senator Gooch of the 51st:
A RESOLUTION recognizing United States military veterans of the Vietnam War and dedicating a bridge in their honor; and for other purposes.
SR 876. By Senators Gooch of the 51st, Wilkinson of the 50th, Ginn of the 47th, Mullis of the 53rd, Harper of the 7th and others:
A RESOLUTION creating the Joint High-Speed Broadband Communications Access for all Georgians Study Committee; and for other purposes.
SR 883. By Senators Beach of the 21st, Thompson of the 14th, Gooch of the 51st, Jones II of the 22nd and Parent of the 42nd:
A RESOLUTION creating the Joint Study Committee on Industry Incentives for Financial Technologies and the Payment Processing Industry; and for other purposes.
SR 892. By Senators Walker III of the 20th, Hill of the 4th, Kennedy of the 18th, Lucas of the 26th, Black of the 8th and others:
A RESOLUTION recognizing Governor Sonny Perdue and dedicating a road in his honor; and for other purposes.
1816
JOURNAL OF THE HOUSE
SR 956. By Senator Gooch of the 51st:
A RESOLUTION recognizing the Sautee and Nacoochee Valley Historic Districts and dedicating three roads in their honor; and for other purposes.
SR 978. By Senator Ginn of the 47th:
A RESOLUTION honoring the life of Sheriff Dewey George Seagraves and dedicating an intersection in his memory; and for other purposes.
SR 1027. By Senators Mullis of the 53rd, Miller of the 49th, Cowsert of the 46th, Tate of the 38th and Jackson of the 24th:
A RESOLUTION creating the Joint Music Economic Development Study Committee; and for other purposes.
SR 1029. By Senators Hufstetler of the 52nd, Unterman of the 45th, Albers of the 56th, Burke of the 11th and Orrock of the 36th:
A RESOLUTION creating the Joint Study Committee on Health and Social Services Integrated Data Platform; and for other purposes.
SR 1038. By Senator Mullis of the 53rd:
A RESOLUTION creating the Joint Alternative Fuels Infrastructure Study Committee; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 787. By Representatives Dickson of the 6th, Broadrick of the 4th and Tarvin of the 2nd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Varnell ad valorem taxes for municipal purposes in the full amount of the assessed value of the homestead for residents of that city who are 65 years of age or older or who are the unremarried spouses of deceased firefighters, police officers, or military veterans; 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.
MONDAY, FEBRUARY 29, 2016
1817
HB 968. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to authorize the Magistrate Court of Pike 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 repeal conflicting laws; and for other purposes.
HB 1024. By Representatives Corbett of the 174th, Carter of the 175th, Sharper of the 177th and Shaw of the 176th:
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), an Act approved February 18, 1992 (Ga. L. 1992, p. 4536), and an Act approved May 6, 2015 (Ga. L. 2015, p. 3743), so as to provide for the election and terms of office of the mayor and councilmembers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1029. By Representatives Broadrick of the 4th, Dickson of the 6th and Tarvin of the 2nd:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Whitfield County; to provide for the appointment of a county surveyor by the governing authority of the county; to provide that the person currently serving as elected county surveyor shall serve the remainder of his or her term; to provide for related matters; 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 226. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Gordon, approved March 24, 1988 (Ga. L. 1988, p. 4375), as amended, so as to comprehensively revise the charter of the City of Gordon; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
1818
JOURNAL OF THE HOUSE
SB 269. By Senators Stone of the 23rd, Heath of the 31st, Thompson of the 14th, Ligon, Jr. of the 3rd, Martin of the 9th and others:
A BILL to be entitled an Act to amend Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to the prohibition on immigration sanctuary policies by local governmental entities, so as to require local governing bodies to provide certain entities with a certification of compliance with such Code section as a condition of funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 274. By Senators Albers of the 56th and Beach of the 21st:
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 provide for the nonrevival of a previously repealed Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
SB 327. By Senators Hill of the 32nd, Hill of the 6th, McKoon of the 29th, Crane of the 28th, Thompson of the 14th 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 prohibit the state, including all of its subdivisions and instrumentalities, from entering into certain contracts with an individual or company unless such contracts contain a certification that such individual or company does not presently conduct a boycott of Israel and will not conduct such a boycott for the duration of such contract; to exclude certain contracts from these requirements; to provide for definitions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
MONDAY, FEBRUARY 29, 2016
1819
SB 332. By Senators Kennedy of the 18th, VanNess of the 43rd, Dugan of the 30th, Cowsert of the 46th, Walker III of the 20th and others:
A BILL to be entitled an Act to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, so as to clarify the judges and Justices who are exempt from various weapons carry laws and prohibitions; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the issuance of personal identification cards to certain judges and Justices of the federal and state judiciary who are exempt from various weapons carry laws and prohibitions; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
SB 333. By Senators Kennedy of the 18th, VanNess of the 43rd, Dugan of the 30th, Cowsert of the 46th, Walker III of the 20th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to nonprofit corporations, so as to allow for a nonprofit corporation organized in a foreign jurisdiction to change its jurisdiction of organization to this state; to allow for a nonprofit corporation organized in this state to change its jurisdiction of organization to a foreign jurisdiction; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 335. By Senators Black of the 8th, Hufstetler of the 52nd, Hill of the 6th, Jones of the 10th and Lucas of the 26th:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to revise provisions related to permissible investments in commingled funds and collective investment funds; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 345. By Senators Hill of the 6th, Hill of the 32nd, VanNess of the 43rd, Bethel of the 54th, Watson of the 1st and others:
1820
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to corporations organized for religious, fraternal, or educational purposes, so as to provide for the policy of the state with regard to determining the property rights of religious organizations; to provide that such disputes shall be resolved by a neutral principles analysis of all relevant matters; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 347. By Senator Bethel of the 54th:
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 extensive changes to the captive insurance company provisions of this title; to provide for definitions for types of captive insurance companies; to provide for creation and regulation of different types of captive insurance companies; to provide for certain exemptions; to change certain requirements; to provide for regulation by the Commissioner; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 364. By Senators Tippins of the 37th, Sims of the 12th, Wilkinson of the 50th, Shafer of the 48th, Cowsert of the 46th 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 annual teacher, principal, and assistant principal evaluations; to revise provisions relating to student assessment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 366. By Senators Gooch of the 51st, Cowsert of the 46th, Williams of the 19th, Hill of the 4th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Code Section 50-22-7 of the Official Code of Georgia Annotated, relating to exemptions from requirements of state agencies relative to the selection of and contracts with providers of professional services, so as to provide for an alternative selection process for
MONDAY, FEBRUARY 29, 2016
1821
the Department of Transportation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 369. By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise the standard of compliance from explosion to ignition; to provide for definitions; 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 provide for further regulations by municipal corporations; 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 374. By Senators Tippins of the 37th and Hill of the 4th:
A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for temporary exemption from certain financial reporting requirements for local school systems participating in a federally authorized pilot program; to provide for related matters; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 379. By Senators Ginn of the 47th, Wilkinson of the 50th, Harper of the 7th, Mullis of the 53rd, Albers of the 56th 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 taxes, so as to provide an exemption for fire districts which have elected governing bodies and are supported by ad valorem taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
1822
JOURNAL OF THE HOUSE
SB 383. By Senators Ginn of the 47th, Mullis of the 53rd, Black of the 8th, Williams of the 27th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the O.C.G.A., relating to the regulation of maintenance and use of public roads, so as to provide for the purpose of the Roadside Enhancement and Beautification Council; to provide for the issuance of permits for the removal or trimming of vegetation on state rights of way when such vegetation obstructs the target viewing zone of a building, sign, or structure upon commercial property; to provide for procedures, conditions, and limitations for the issuance of such permits; to provide for the department to set standards for applications and fees for such permits; to prohibit the removal or certain types of vegetation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SR 730. By Senators Ligon, Jr. of the 3rd, Watson of the 1st and Jackson of the 2nd:
A RESOLUTION encouraging the Coastal Regional Commission and other entities to support implementation of the Coastal Georgia Greenway; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SR 809. By Senators Fort of the 39th and Tate of the 38th:
A RESOLUTION proposing an amendment to the Constitution so as to prohibit county and municipal governments from entering into contracts with private entities for the provision of parking enforcement services; 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 State Planning & Community Affairs.
SR 863. By Senator Gooch of the 51st:
A RESOLUTION recognizing United States military veterans of the Vietnam War and dedicating a bridge in their honor; and for other purposes.
Referred to the Committee on Transportation.
MONDAY, FEBRUARY 29, 2016
1823
SR 876. By Senators Gooch of the 51st, Wilkinson of the 50th, Ginn of the 47th, Mullis of the 53rd, Harper of the 7th and others:
A RESOLUTION creating the Joint High-Speed Broadband Communications Access for all Georgians Study Committee; and for other purposes.
Referred to the Committee on Special Rules.
SR 883. By Senators Beach of the 21st, Thompson of the 14th, Gooch of the 51st, Jones II of the 22nd and Parent of the 42nd:
A RESOLUTION creating the Joint Study Committee on Industry Incentives for Financial Technologies and the Payment Processing Industry; and for other purposes.
Referred to the Committee on Special Rules.
SR 892. By Senators Walker III of the 20th, Hill of the 4th, Kennedy of the 18th, Lucas of the 26th, Black of the 8th and others:
A RESOLUTION recognizing Governor Sonny Perdue and dedicating a road in his honor; and for other purposes.
Referred to the Committee on Transportation.
SR 956. By Senator Gooch of the 51st:
A RESOLUTION recognizing the Sautee and Nacoochee Valley Historic Districts and dedicating three roads in their honor; and for other purposes.
Referred to the Committee on Transportation.
SR 978. By Senator Ginn of the 47th:
A RESOLUTION honoring the life of Sheriff Dewey George Seagraves and dedicating an intersection in his memory; and for other purposes.
Referred to the Committee on Transportation.
SR 1027. By Senators Mullis of the 53rd, Miller of the 49th, Cowsert of the 46th, Tate of the 38th and Jackson of the 24th:
1824
JOURNAL OF THE HOUSE
A RESOLUTION creating the Joint Music Economic Development Study Committee; and for other purposes.
Referred to the Committee on Special Rules.
SR 1029. By Senators Hufstetler of the 52nd, Unterman of the 45th, Albers of the 56th, Burke of the 11th and Orrock of the 36th:
A RESOLUTION creating the Joint Study Committee on Health and Social Services Integrated Data Platform; and for other purposes.
Referred to the Committee on Special Rules.
SR 1038. By Senator Mullis of the 53rd:
A RESOLUTION creating the Joint Alternative Fuels Infrastructure Study Committee; and for other purposes.
Referred to the Committee on Special Rules.
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 378. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relative 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 change the composition of the governing authority; to abolish the office of chief executive officer; to provide for a commission chairperson to be elected at large; to shorten certain terms of office; to provide for elections and new terms of office; to provide for term limits; to provide for a county manager; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
MONDAY, FEBRUARY 29, 2016
1825
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Scott of the 76th, Taylor of the 79th, Howard of the 124th et al., Kirby of the 114th, Dickey of the 140th, and Williams of the 168th.
Representative Abrams of the 89th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
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.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison N Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cannon Y Cantrell N Carson Y Carter, A Y Carter, D E Casas Y Chandler
N Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo E Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps
Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan
Y Harden Harrell
Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 N Lott N Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell
Morris Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake N Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick Raffensperger Y Rakestraw Y Ramsey Y Randall Reeves Y Rhodes Y Rice Y Rogers, C Rogers, T N Rutledge Y Rynders
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M
Stephens, R Stephenson Y Stovall Stover Y Strickland Y Tankersley N Tanner Y Tarvin Y Taylor, D 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
1826
JOURNAL OF THE HOUSE
Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
E Glanton Golick
Y Gordon Y Gravley Y Greene
E Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Scott Y Setzler Y Sharper Y Shaw
Sims
Y Williams, C Williams, E
Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 129, nays 19.
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 1070. By Representatives Dempsey of the 13th, Houston of the 170th, Willard of the 51st, Thomas of the 39th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to permit the department to use certain information in the department's records concerning the adopted child's biological parents; to 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns
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 E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps
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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Y Metze Y Mitchell
Morris Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
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
MONDAY, FEBRUARY 29, 2016
1827
Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 Williams, E Y Williamson Y Yates Ralston, Speaker
On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 1053. By Representative Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide that members of the board of education shall be elected on a nonpartisan basis; to provide for continuation in office of current 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.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison N Atwood N Ballinger N Barr N Battles N Beasley-Teague N Belton N Bennett, K N Bennett, T Y Bentley
Benton
N Cooke Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh N Dempsey N Dickerson Y Dickey Y Dickson
Dollar Douglas N Drenner
Y Harden N Harrell Y Hatchett N Hawkins N Henson N Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley
Jackson
N Metze N Mitchell
Morris Mosby Y Nimmer N Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake N Petrea Y Pezold
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson Y Stovall
Stover Y Strickland Y Tankersley
1828
JOURNAL OF THE HOUSE
Y Beskin N Beverly Y Blackmon Y Broadrick E Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J
Caldwell, M N Cannon N Cantrell Y Carson Y Carter, A N Carter, D E Casas Y Chandler Y Cheokas N Clark, D Y Clark, H Y Clark, V
Coleman
Y Dudgeon N Dukes N Dunahoo E Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans
Fleming Floyd Fludd N Frazier N Frye N Gardner N Gasaway Y Gilligan E Glanton Y Golick N Gordon N Gravley Y Greene
N Jasperse Y Jones, J N Jones, J.B. E Jones, L N Jones, S N Jordan N Kaiser
Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott N Lumsden N Mabra N Marin Y Martin E Maxwell N Mayo Y McCall N McClain Y Meadows
Y Pirkle Y Powell, A Y Powell, J Y Price N Prince N Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes N Rice N Rogers, C N Rogers, T Y Rutledge N Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
N Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley N Thomas, A.M. N Thomas, E N Trammell N Turner N Waites Y Watson
Welch Weldon N Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A N Williams, C Williams, E Y Williamson Y Yates Ralston, Speaker
On the passage of the Bill, the ayes were 74, nays 81.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Taylor of the 173rd moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1053.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison Y Atwood N Ballinger Y Barr
Battles N Beasley-Teague Y Belton N Bennett, K
Bennett, T Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick E Brockway N Bruce E Bryant
Y Cooke Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar
Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart
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 N Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan N Kaiser
N Metze N Mitchell
Morris Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett N Quick
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson Y Stovall
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, FEBRUARY 29, 2016
1829
N Buckner Y Burns Y Caldwell, J N Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
Y England Y Epps Y Evans
Fleming Floyd Fludd N Frazier N Frye N Gardner N Gasaway Y Gilligan E Glanton Y Golick N Gordon Y Gravley Y Greene
Kelley N Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lott N Lumsden N Mabra N Marin Y Martin E Maxwell N Mayo Y McCall N McClain Y Meadows
Y Raffensperger Rakestraw
Y Ramsey Randall
Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
N Trammell N Turner N Waites Y Watson Y Welch N Weldon
Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 99, nays 55.
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 976. By Representatives Hitchens of the 161st, Willard of the 51st, Powell of the 32nd, Caldwell of the 131st, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to provide for minimum retention periods for video recordings from law enforcement surveillance devices, law enforcement body-worn devices, or devices located on or inside of a law enforcement vehicle; to provide for a definition; to provide for exceptions; to provide for presumptions, civil liability, and 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 Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to provide for minimum retention periods for video recordings from law enforcement body-worn devices or devices located on or inside of a law enforcement vehicle; to provide for a definition; to provide for exceptions; to provide for presumptions, civil liability, and fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
1830
JOURNAL OF THE HOUSE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, is amended by revising subsection (a) of Code Section 50-1892, relating to the creation of the State Records Committee and retention schedules, as follows:
"(a) There is created the State Records Committee, to be composed of the Governor, the Secretary of State, the chancellor of the University System of Georgia, an appointee of the Governor who is not the Attorney General, the state auditor, and an officer of a governing body, as such terms are defined in subsection (a) of Code Section 50-18-99, to be appointed by the chancellor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend, or modify retention schedules submitted by agency heads, school boards, county governments, and municipal governments through the division for the disposition of records based on administrative, legal, fiscal, or historical values. The Except as provided in Code Section 50-18-96, the retention schedules, once approved, shall be authoritative, shall be directive, and shall have the force and effect of law. A retention schedule may be determined by four members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The chancellor of the University System of Georgia shall serve as chairperson of the committee and shall schedule meetings of the committee as required. Four members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Code section."
SECTION 2. Said article is further amended by revising Code Section 50-18-96, which was previously reserved, as follows:
"50-18-96. (a) As used in this Code section, the term 'governing body' shall have the same meaning as set forth in Code Section 50-18-99. (b) Video recordings from law enforcement body-worn devices or devices located on or inside of law enforcement vehicles shall be retained for 180 days from the date of such recording except:
(1) If such recording is part of a criminal investigation, shows a vehicular accident, shows the detainment or arrest of an individual, or shows a law enforcement officer's use of force, it shall be retained for 30 months from the date of such recording; and (2) If such recording contains evidence that is or can reasonably be anticipated to be necessary for pending litigation, it shall be retained for 30 months from the date of such recording, and if litigation is commenced during such period it shall be retained until a final adjudication of such litigation. (c) The retention periods described in this Code section are de minimis.
MONDAY, FEBRUARY 29, 2016
1831
(d) This Code section shall not require the destruction of such video recording after the required retention period. (e) Any video recording destroyed pursuant to the retention schedule provided in this Code section shall be deemed to have been properly destroyed, and no evidentiary presumption shall be made that such recording was harmful to the governing body or any law enforcement officer depicted in such recording. (f) A governing body or law enforcement officer shall not have a duty to redact or obscure people, objects, or information that appear in a video recording from any law enforcement body-worn device or device located on or inside of a law enforcement vehicle, nor shall such body or officer have any civil liability for such depiction. (g) Notwithstanding fees imposed pursuant to Article 4 of this chapter, an additional fee of $12.00 shall be imposed for the copying of video recordings from law enforcement body-worn devices or devices located on or inside of a law enforcement vehicle. Reserved."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon
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 E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd
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 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 Metze Y Mitchell
Morris Mosby Y Nimmer Y Nix Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
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
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
1832
JOURNAL OF THE HOUSE
Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rhodes Y Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 868. By Representatives Rogers of the 10th, Dickey of the 140th, Nimmer of the 178th, Kirby of the 114th, Lott of the 122nd and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to eliminate the Georgia State Games Commission; to provide for reversion of property to the 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce
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 E Duncan Y Ealum Y Efstration
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Hugley Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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
Stephenson Y Stovall
Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
MONDAY, FEBRUARY 29, 2016
1833
E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
House of Representatives Coverdell Legislative Office Building
Room 509 Atlanta, Georgia 30334
February 29, 2016
Clerk of the House Bill Reilly 309 State Capitol Atlanta, GA 30334
Dear Mr. Reilly,
Please be advised that I was unable to vote on HB 868 on February 29th 2016 and would like for my vote to reflect as "Y".
Thank you,
/s/ Rep. Keisha Waites Representative Keisha Waites District 60
KW/ktr
1834
JOURNAL OF THE HOUSE
HB 825. By Representatives Smith of the 125th, Holcomb of the 81st, Carter of the 175th, Shaw of the 176th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship general provisions, so as to provide that in the event of a report of child abuse by a military parent or guardian, the child welfare agency shall notify the Department of Defense Family Advocacy Program; to add filing a report of child abuse to military law enforcement to the reporting of child abuse to an appropriate police authority; to extend immunity provisions to reporting child abuse to military law enforcement; to provide for 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler
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 E 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 Gilligan
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell
Morris Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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
MONDAY, FEBRUARY 29, 2016
1835
Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
E Glanton Y Golick Y Gordon Y Gravley Y Greene
E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, C E 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 1028. By Representatives Werkheiser of the 157th, Nimmer of the 178th, Burns of the 159th, Abrams of the 89th, Caldwell of the 20th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to waste management, so as to require the Environmental Protection Division of the Department of Natural Resources to provide notice to affected localities upon the occurrence of certain events relating to permitted solid or hazardous waste facilities; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to require the owner or operator of a municipal solid waste landfill to provide notice to the relevant local governing authority upon the occurrence of a solid waste release; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, is amended by adding a new Code section to read as follows:
"12-8-24.3. The owner or operator of a municipal solid waste landfill shall notify the local governing authorities of any city and county in which such landfill is located of any significant release therefrom within 14 days of confirmation of such release by the division."
1836
JOURNAL OF THE HOUSE
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E 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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice 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
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 E 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.
MONDAY, FEBRUARY 29, 2016
1837
HB 364. By Representatives Knight of the 130th, Harbin of the 122nd, Harrell of the 106th, Stephens of the 164th, Powell of the 171st and others:
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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise and change certain provisions regarding the approval of tax digests by the commissioner; to impose sanctions for including nontaxable properties on the tax digests; to provide for procedures, conditions, and limitations; to provide for refunds of taxes improperly collected; to amend Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, so as to provide for additional jurisdiction for the Georgia Tax Tribunal; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-342, relating to the review of county tax digests by the Commissioner of Revenue, by adding a new subsection to read as follows:
"(e)(1) The commissioner may, upon his or her own initiative or upon complaint by a taxpayer, examine the itemizations of properties appearing on the digest, and if in the judgment of the commissioner any properties are illegally appearing on the digest and should not be subject to taxation under this chapter, the commissioner shall strike such items from the digest and return the digest to the county for removal of such items and resubmission to the commissioner. The commissioner shall provide by rule and regulation procedures by which the county board of tax assessors may appeal such finding to the commissioner. If appealed by the board of tax assessors, the commissioner shall, after reviewing such appeal, issue a final order and include a finding as to the taxability of the digest items in dispute and shall finalize the digest in accordance therewith. (2) If a property has been found by the commissioner to not be subject to taxation under this chapter and again appears on the digest at any time within five years of the initial determination of nontaxability and is again determined to be nontaxable, the
1838
JOURNAL OF THE HOUSE
commissioner shall notify the Department of Community Affairs in writing of his or her finding and, upon receipt of such notice, the qualified local government status of such county shall be revoked for a period of three years following the receipt of such notice by the Department of Community Affairs. Notwithstanding the foregoing, if prior to the commissioner's notification to the Department of Community Affairs of such finding the board of commissioners commences proceedings in the superior court to remove the assessors, the action to revoke such qualified local government status shall be stayed until such proceedings are final or for a period of six months, whichever shall first occur. Upon the final determination of such removal action or six months, whichever occurs first, if such assessors remain in office, the county's qualified local government status shall be revoked, but if such assessors are no longer in office, such qualified local government status shall not be revoked. (3) If a property has been found by the commissioner to not be subject to taxation under this chapter and if such nontaxable property has appeared on a county digest in any year within the preceding five-year period, then the owner thereof shall be entitled to file a petition directly with the Georgia Tax Tribunal for a refund of all such taxes illegally collected or taxes paid, interest equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical release H. 15 or any publication that may supersede it plus 3 percent calculated from the date of payment of such taxes, and attorney's fees in an amount of not less than 15 percent nor more than 40 percent of the total of the illegally charged taxes and accrued interest. Such petition shall name the board of tax assessors and the tax commissioner of the county as the respondent in their official capacities and shall be served upon such board and tax commissioner. Service shall be accomplished by certified mail or statutory overnight delivery. The petition shall include a summary statement of facts and law upon which the petitioner relies in seeking the requested relief. The respondents shall file a response to the petitioner's statement of facts and law which constitutes their answer with the tribunal no later than 30 days after the service of the petition. The respondents shall serve a copy of their response on the petitioner's representative or, if the petitioner is not represented, on the petitioner and shall file a certificate of service with such response. If in any case a response has not been filed within the time required by this paragraph, the case shall automatically become in default unless the time for filing the response has been extended by agreement of the parties, for a period not to exceed 30 days, or by the judge of the tribunal. The default may be opened as a matter of right by the filing of a response within 15 days of the day of the default and payment of costs. At any time before the final judgment, the judge of the tribunal, in his or her discretion, may allow the default to be opened for providential cause that prevented the filing of the response, for excusable neglect, or when the tribunal judge, from all the facts, determines that a proper case has been made for the default to be opened on terms to be fixed by the tribunal judge. The tribunal judge shall proceed to hear and decide the matter and may grant appropriate relief under the law and facts presented."
MONDAY, FEBRUARY 29, 2016
1839
SECTION 2.
Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, is amended in Code Section 50-13A-9, relating to petitions for relief, jurisdiction, and bonds, by adding a new subsection to read as follows:
"(e) The tribunal shall also have jurisdiction over refund petitions filed pursuant to Code Section 48-5-342."
SECTION 3. This Act shall become effective on July 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.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler
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 E 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 Gilligan
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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
1840
JOURNAL OF THE HOUSE
Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
E Glanton Y Golick Y Gordon Y Gravley Y Greene
E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to levy and impose a tax on persons who enter certain rental agreements with certain equipment rental companies within a certain period of time; to require such equipment rental companies to collect such taxes and remit them to county tax commissioners for credit against such company's ad valorem tax liability for certain equipment; to provide that county tax commissioners shall retain excess fees; to provide for the reporting of certain statistical data related to such tax; to provide for rules and regulations; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 8
48-13-140. (a) As used in this Code section, the term:
MONDAY, FEBRUARY 29, 2016
1841
(1) 'Equipment rental company' means an entity that is engaged in a line of business described in Code 532412 or 532310 of the North American Industry Classification System published by the United States Census Bureau in 2012. (2) 'Property tax recovery fee' means a 1 1/2 percent tax on the total charge for renting of rental equipment agreement exclusive of any tax, fee, and separately stated charges that are not rental charges, including, but not limited to, charges for delivery and pickup of rental equipment, damage waivers, environmental fees, or other ancillary charges. (3) 'Rental agreement' means an agreement under which rental equipment is rented for a period of 365 days or less. (4) 'Rental equipment' means a piece of equipment or machinery that is primarily designed and used for construction, industrial, maritime, or mining uses and that is rented without a driver or operator by an equipment rental company. (b)(1) For the period beginning January 1, 2017, and ending December 31, 2020, there is levied and imposed a property tax recovery fee. (2) Every person that enters a rental agreement in this state with an equipment rental company shall be liable for the property tax recovery fee and shall pay such fee to the equipment rental company. The property tax recovery fee shall be separately stated in each rental agreement. (c)(1) Property tax recovery fees collected by an equipment rental company shall be retained by such company until such time when such company's ad valorem tax liability assessed upon such company's rental equipment is due. On or before such due date, the equipment rental company shall remit all property tax recovery fees, in proportion, to the tax commissioners of counties where such company has such an ad valorem tax liability. Such proportion shall be based on the total value of such ad valorem tax liability imposed by all counties. (2) Each county tax commissioner shall accept property tax recovery fees transmitted by an equipment rental company as payment toward such company's ad valorem tax liability. If the total amount of the property tax recovery fees transmitted by an equipment rental company under this Code section in any calendar year exceeds such company's assessed ad valorem tax liability for rental equipment for that calendar year, the county tax commissioner shall remit such fees to the general fund of such county. (d)(1) On or before April 1, 2017, and for the four years thereafter, each county tax commissioner shall submit a report to the department that contains an accounting for the preceding calendar year of the total amount of property tax recovery fees collected and the total ad valorem tax assessed on rental equipment in his or her respective county. (2) On or before July 1, 2020, the department shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives that contains an accounting for the three preceding calendar years of the total amount of property tax recovery fees collected and the total ad valorem tax assessed on rental equipment for each county in this state.
1842
JOURNAL OF THE HOUSE
(3) The department shall be authorized to promulgate rules and regulations necessary to implement the provisions of this subsection. (e) The tax levied by this Code section is in addition to all other taxes."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Drenner Y Dudgeon Y Dukes Y Dunahoo E 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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Houston Y Howard Y Hugley E Jackson Y Jasperse
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 Lott Y Lumsden Y Mabra Y Marin Y Martin E Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 161, nays 0.
MONDAY, FEBRUARY 29, 2016
1843
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 722. By Representatives Peake of the 141st, Powell of the 32nd, Meadows of the 5th, England of the 116th, Gravley of the 67th 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 patient registry program for the use of medical cannabis; to authorize rule making; to establish duties of patients, designated caregivers, physicians, and manufacturers of medical cannabis; to establish a medical cannabis tracking system; to provide for confidentiality of records; to establish patient protections; to impose penalties; to provide for nursing facilities; to establish fees; to establish a task force; to require impact assessment of medical cannabis therapeutic research; to require reports and audits; to 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 and Code Section 31-2A-18, relating to crimes and offenses and the establishment of the Low THC Oil Patient Registry, respectively, so as to change provisions relating to the regulation of low THC oil; to revise and provide for definitions; to expand conditions for which low THC oil may be recommended for treatment; to clarify provisions of existing law; to provide for other lawful activities; to change reporting requirements; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for a different criteria for driving under the influence of marijuana; 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 "Haleigh's Hope Act - Part II."
SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-12-190, relating to a definition, as follows:
"16-12-190. As used in this article, the term 'low THC oil':
1844
JOURNAL OF THE HOUSE
(1) 'Low THC oil' means an oil that contains an amount of cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol and an amount of cannabidiol equal to or greater than the amount of tetrahydrocannabinol. (2) 'Tetrahydrocannabinol' shall have the same meaning as set forth in Code Section 16-13-25."
SECTION 3. Said title is further amended in Code Section 16-12-191, relating to possession, manufacture, distribution, or sale of low THC oil, by revising paragraph (1) of subsection (a) and subsection (b) and by revising subsection (e) as follows:
"(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 and has in his or her possession a registration card issued by the Department of Public Health; and (C)(B) Such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol or tetrahydrocannabinolic acid therein." "(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 protocol in this state or is an 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 A designated employee of the board of regents designated to participate in the research program; (iv) A program An agent; (v) A program collaborator and their designated employees; (vi) A program supplier and their designated employees; (vii) A program physician; (viii) A program clinical researcher; (ix) Program pharmacy 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 or tetrahydrocannabinolic acid therein."
MONDAY, FEBRUARY 29, 2016
1845
"(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 identified in subparagraph (b)(1)(A) of this Code section, provided that such person has in his or her possession a permit issued as provided in Code Section 31-5-7 31-51-7 and such possession, sale, manufacturing, distribution, or dispensing is solely for the purposes set forth in Chapter 51 of Title 31."
SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"16-12-192. Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for a manufacturer of low THC oil to ship low THC oil to a person registered with the Department of Public Health under Code Section 31-2A-18."
SECTION 5. Said title is further amended by revising paragraph (16) of Code Section 16-13-21, relating to the definitions for the regulation of controlled substances, as follows:
"(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples tetrahydrocannabinol as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination."
SECTION 6. Said title is further amended by revising subparagraph (P) of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, as follows:
"(P) Tetrahydrocannabinols which shall include, but are not limited to: (i) All synthetic or naturally produced samples containing more than 15 percent by weight of tetrahydrocannabinols; and (ii) All synthetic or naturally produced tetrahydrocannabinol samples which do Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant cannabis of the genus Cannabis;"
1846
JOURNAL OF THE HOUSE
SECTION 7.
Code Section 31-2A-18, relating to the establishment of the Low THC Oil Patient Registry, definitions, purpose, registration cards, quarterly reports, and waiver forms, is amended by revising paragraph (3) of subsection (a) and subsections (c) and (e) as follows:
"(3) 'Condition' means: (A) Cancer, when such diagnosis is end stage or the treatment disease 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, ulcerative colitis, or irritable bowel syndrome; (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; (I) Autism spectrum disorder; (J) Epidermolysis bullosa; (K) Human immunodeficiency virus or acquired immune deficiency syndrome; (L) Peripheral neuropathy; (M) Tourette's syndrome; (N) Terminal illness, with a probable life expectancy of less than two years, if the illness or its treatment produces one or more of the following: (i) Severe pain; (ii) Nausea or severe vomiting; or (iii) Cachexia or severe wasting; or (O) Post-traumatic stress disorder."
"(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." "(e) The board shall require physicians to issue quarterly reports an annual report to the board. Such reports report 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."
MONDAY, FEBRUARY 29, 2016
1847
SECTION 8.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising subsections (a) and (b) of Code Section 40-5-75, relating to suspension of driver's licenses by operation of law, as follows:
"(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 a controlled substance or marijuana in violation of paragraph (2), (4), or (6), or (7) 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; (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; 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
1848
JOURNAL OF THE HOUSE
(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. (b) Except as provided in Code Section 40-5-76, whenever a person is convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6), or (7) 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."
SECTION 9. Said title is further amended in subsection (a) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, by deleting "or" at the end of paragraph (5), by revising paragraph (6), and by adding a new paragraph to read as follows:
"(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21,
MONDAY, FEBRUARY 29, 2016
1849
present in the person's blood or urine, or both, including the metabolites and derivatives of each or both a controlled substance without regard to whether or not any alcohol is present in the person's breath or blood; or (7) The concentration of delta 9-tetrahydrocannabinol is two nanograms per milliliter or more as shown by analysis of the person's blood, without regard to whether or not any alcohol is present in the person's breath or blood, at any time within three hours after such driving or being in actual physical control from delta 9tetrahydrocannabinol ingested before such driving or being in actual physical control ended."
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 N Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler
Y Cooke Y Coomer
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 E Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold N Pirkle Y Powell, A Y Powell, J N Price Y Prince Y Pruett Y Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
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
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
1850
JOURNAL OF THE HOUSE
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
E Glanton Y Golick Y Gordon Y Gravley Y Greene
E Maxwell Mayo
Y McCall Y McClain Y Meadows
Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, C E Williams, E N Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 152, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1014. By Representatives Powell of the 171st and 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, computation, and exemptions from state income taxes, so as to extend the sunset date of the existing exemption for donation of real property for conservation use; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon
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 E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd
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 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 Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
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
Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
MONDAY, FEBRUARY 29, 2016
1851
Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 828. By Representatives Fludd of the 64th, Hawkins of the 27th, Mosby of the 83rd, Buckner of the 137th, Greene of the 151st 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 taxes, so as to create an income tax credit for employers who hire certain qualified parolees for fulltime jobs; to provide for rules and regulations and an application process related to such income tax credit; to provide for certain conditions and limitations; to provide for definitions; to 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 create an income tax credit for employers who hire certain qualified parolees for full-time jobs; to provide for rules and regulations related to such income tax credit; to provide for certain conditions and limitations; to require annual reporting of certain statistics related to such credit; to provide for definitions; 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:
1852
JOURNAL OF THE HOUSE
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 Code section to read as follows:
"48-7-40.31. (a) As used in this Code section, the term:
(1) 'Employer' means an enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization, and its affiliates, which is registered and authorized to use the federal employment verification system known as 'E-Verify' or any successor federal employment verification system and is engaged in or carrying on any business activities within this state. (2) 'Full-time job' means employment which:
(A) Is located in this state; (B) Involves a regular work week of 30 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average hourly wage of the county with the lowest average hourly wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (3) 'Qualified parolee' means an individual who has been granted parole in accordance with Code Section 42-9-45 within 12 months preceding his or her date of hire for a full-time job. (b)(1) For the period beginning on or after January 1, 2017, and before January 1, 2020, an employer that employs a qualified parolee in a full-time job for at least 40 weeks during a 12 month period shall be eligible for an income tax credit in the amount of $2,500.00 for each qualified parolee so employed against the tax imposed under this article during such 12 month period; provided, however, that a qualified parolee first employed in a full-time job by such employer before January 1, 2017, shall not qualify. (2) An employer shall only be eligible to receive credits provided by this subsection in an amount up to $50,000.00 per taxable year. (3) An employer shall only be eligible to receive the credit provided by this subsection once per individual. (c) In no event shall the credit provided by subsection (b) of this Code section for a taxable year exceed the employer's income tax liability. Any unused portion of the credit provided by subsection (b) of this Code section shall be permitted to be carried forward and applied to the employer's tax liability for the subsequent three years. The credit provided by subsection (b) of this Code section shall not be applied against the employer's prior years' tax liabilities. (d) On or before September 1 of 2018, 2019, and 2020, the commissioner shall issue a report to the chairpersons of the Senate Finance Committee and the House Committee on Ways and Means concerning the tax credit created by this Code section, which shall include the following statistics for the preceding taxable year:
MONDAY, FEBRUARY 29, 2016
1853
(1) The total number of employers that claimed a credit provided by this Code section; and (2) The number and total value of all credits earned and all credits applied during such tax year pursuant to this Code section. (e) The commissioner shall promulgate rules and regulations and forms necessary to implement and administer 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 and shall be applicable to taxable years beginning on or after January 1, 2017.
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 N Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas
N 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 E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans N Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower N Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake N Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall N Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N 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 N Stover N Strickland Y Tankersley Y Tanner Y 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 Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
1854
JOURNAL OF THE HOUSE
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
N Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Martin E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 153, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 935. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Duncan of the 26th and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem tax, so as to add certain fulfillment centers to properties eligible for a freeport exemption; 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 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem tax, so as to add certain fulfillment centers to properties eligible for a freeport exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem tax, is amended by revising subsection (b) of Code Section 48-5-48.1, relating to an exemption for tangible personal property inventory, as follows:
"(b) The application for the level 1 freeport exemption shall provide for: (1) A schedule of the inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia;
MONDAY, FEBRUARY 29, 2016
1855
(2) A schedule of the inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods; and (3) A schedule of the inventory of finished goods which on January 1 are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment outside the State of Georgia and the inventory of finished goods which are shipped into the State of Georgia from outside this state and which are stored for transshipment to a final destination outside this state. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the warehouse, dock, or wharf where such property is being stored, which official books and records are required to be open to the inspection of taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption; and (4) A schedule of the stock in trade of a fulfillment center which on January 1 are stored in the fulfillment center. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the fulfillment center where such property is being stored, which official books and records are required to be open to the inspection of the taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption."
SECTION 2. Said part is further amended by revising Code Section 48-5-48.2, relating to the level 1 freeport exemption, as follows:
"48-5-48.2. (a) This Code section shall be known and may be cited as the 'Level 1 Freeport Exemption.' (b) As used in this Code section, the term:
(1) 'Destined for shipment to a final destination outside this state' means, for purposes of a level 1 freeport exemption, that portion or percentage of an inventory of finished goods which the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, is reasonably anticipated to be shipped to a final destination outside this state. Such other reasonable, documented method may only be utilized in the case of a new business, in the case of a substantial change in scope of an existing business, or in other unusual situations where a historical sales or shipment analysis does not adequately reflect future anticipated shipments to a final destination outside this state. It is not necessary that the actual final destination be known as of January 1 in order to qualify for the exemption. (2) 'Finished goods' means, for purposes of a level 1 freeport exemption, goods, wares, and merchandise of every character and kind but shall not include unrecovered,
1856
JOURNAL OF THE HOUSE
unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production or the stock in trade of a retailer. (3) 'Foreign merchandise in transit' means, for purposes of a level 1 freeport exemption, any goods which are in international commerce where the title has passed to a foreign purchaser and the goods are temporarily stored in this state while awaiting shipment overseas. (4) 'Fulfillment center' means, for purposes of a level 1 freeport exemption, a business location in Georgia which is used to pack, ship, store, or otherwise process tangible personal property sold by electronic, Internet, telephonic, or other remote means, provided that such a business location does not allow customers to purchase or receive goods onsite at such business location. (5) 'Raw materials' means, for purposes of a level 1 freeport exemption, any material, whether crude or processed, that can be converted by manufacture, processing, or a combination thereof into a new and useful product but shall not include unrecovered, unextracted, or unsevered natural resources. (6) 'Stock in trade of a fulfillment center' means, for purposes of a level 1 freeport exemption, goods, wares, and merchandise held by one in the business of making sales of such goods when such goods are held or stored at a fulfillment center. (5)(7) 'Stock in trade of a retailer' means, for purposes of a level 1 freeport exemption, finished goods held by one in the business of making sales of such goods at retail in this state, within the meaning of Chapter 8 of this title, when such goods are held or stored at a business location from which such retail sales are regularly made. Goods stored in a warehouse, dock, or wharf, including a warehouse or distribution center which is part of or adjoins a place of business from which retail sales are regularly made, shall not be considered stock in trade of a retailer to the extent that the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, the portion or percentage of such goods which is reasonably anticipated to be shipped outside this state for resale purposes. (c) The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for state purposes, all or any combination of the following types of tangible personal property: (1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in this state. The exemption provided for in this paragraph shall apply only to tangible personal property which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this state. For purposes of this paragraph, the following activities shall constitute substantial modification in the ordinary course of manufacturing, processing, or production operations:
MONDAY, FEBRUARY 29, 2016
1857
(A) The cleaning, drying, pest control treatment, or segregation by grade of grain, peanuts or other oil seeds, or cotton; (B) The remanufacture of aircraft engines or aircraft engine parts or components, meaning the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components; and (C) The blending of fertilizer bulk materials into a custom mixture, whether performed at a commercial fertilizer blending plant, retail outlet, or any application site; (2) Inventory of finished goods manufactured or produced within this state in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is produced or manufactured; or (3) Inventory of finished goods which, on January 1, are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment to a final destination outside this state and inventory of finished goods which are shipped into this state from outside this state and stored for transshipment to a final destination outside this state, including foreign merchandise in transit. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. Such period shall be determined based on application of a first-in, first-out method of accounting for the inventory. The official books and records of the warehouse, dock, or wharf where such property is being stored shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such property for which a freeport exemption has been claimed shall be at all times open to the inspection of all taxing authorities of this state and of any political subdivision of this state; or (4) Stock in trade of a fulfillment center which, on January 1, are stored in a fulfillment center and which are made available to remote purchasers who may make such purchases by electronic, Internet, telephonic, or other remote means, and where such stock in trade of a fulfillment center will be shipped from the fulfillment center and delivered to the purchaser at a location other than the location of the fulfillment center. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. Such period shall be determined based on application of a first-in, first-out method of accounting for the inventory. The official books and records of the fulfillment center where such property is being stored shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property and the date of the withdrawal of the property. The official books and records of any such fulfillment center pertaining to any such property for which a freeport exemption has been
1858
JOURNAL OF THE HOUSE
claimed shall be at all times open to the inspection of all taxing authorities of this state and of any political subdivision of this state. (d) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined in this Code section which are being proposed to be exempted from taxation. 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. (e) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the state revenue commissioner, exempt from taxation 20 percent, 40 percent, 60 percent, 80 percent or all of the value of such tangible personal property as defined in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the state revenue commissioner, provided that such increase shall be in increments of 20 percent, 40 percent, 60 percent, or 80 percent of the value of such tangible personal property as defined in this Code section, within the discretion of such governing authority. (f)(1) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing on the first day of any ensuing calendar year; otherwise, such exemption may not be granted. This paragraph is intended to clearly provide that following approval of such exemption in such referendum, such exemption may be granted on the first day of any calendar year following the year in which such referendum was conducted. This paragraph shall not be construed to imply that the granting of such exemption could not previously be delayed to any such calendar year. (2) Exemptions may only be revoked by a referendum election called and conducted as provided in this Code section, provided that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. (g) Level 1 freeport exemptions effected pursuant to this Code section may be granted either in lieu of or in addition to level 2 freeport exemptions under Code Section 48-548.6.
MONDAY, FEBRUARY 29, 2016
1859
(h) The commissioner shall by regulation adopt uniform procedures and forms for the use of local officials in the administration of this Code section."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 169, nays 0.
1860
JOURNAL OF THE HOUSE
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 990. By Representative Powell of the 171st:
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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property and changing values established by certain appeal or agreement, so as to change certain provisions regarding the changing values established by certain appeal or agreement; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property and changing values established by certain appeal or agreement, is amended by revising subsection (c), as follows:
"(c) When the value of real property is reduced or is unchanged from the value on the initial annual notice of assessment or a corrected annual notice of assessment issued by the board of tax assessors and such valuation is has been established as the result of either an appeal decision rendered by the board of equalization, hearing officer, arbitrator, or superior court pursuant to Code Section 48-5-311 or stipulated by written agreement of the parties to such an appeal that this subsection shall apply in any year signed by the board of tax assessors and taxpayer or taxpayer's authorized representative, the new valuation so established by appeal decision or agreement may not be increased by the board of tax assessors during the next two successive years, unless otherwise agreed in writing by both parties, subject to the following exceptions:
(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;
MONDAY, FEBRUARY 29, 2016
1861
(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 tax assessors, 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 taxpayer 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, or the board of tax assessors finds an occurrence of other material factors that substantially affect the current fair market value of such property."
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 Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner
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 E Duncan Y Ealum Y Efstration N Ehrhart Y England
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 Y Trammell
1862
JOURNAL OF THE HOUSE
Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall Y McClain N Meadows
Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 936. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Duncan of the 26th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from income taxes, so as to clarify certain terms in respect to the wages necessary to qualify for a jobs tax credit; 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 Alexander
Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly
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 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 Jasperse
Jones, J
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A
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
MONDAY, FEBRUARY 29, 2016
1863
Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dunahoo E 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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Lott Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 E 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.
HB 937. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Williamson of the 115th 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 state sales and use tax, so as to change the sunset provision for the exemption for projects of regional significance; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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
1864
JOURNAL OF THE HOUSE
Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes Y Dunahoo E Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 161, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
HB 934. By Representatives Kirby of the 114th, Benton of the 31st, Dawkins-Haigler of the 91st, Dickerson of the 113th, Stephenson of the 90th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions applicable to social services, so as to authorize the Department of Human Services to provide a separate link or portal on its website providing kinship caregivers with information and access necessary to apply for public assistance benefits; 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 Cooke Y Coomer Y Cooper
Y Harden Y Harrell Y Hatchett
Y Metze Y Mitchell Y Morris
Y Smith, E Y Smith, L Y Smith, M
MONDAY, FEBRUARY 29, 2016
1865
Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 E 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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 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 E 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 889. By Representative Kidd of the 145th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to authorize certain advertisements related to crematories and cremation 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
1866
JOURNAL OF THE HOUSE
To amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to authorize certain advertisements related to crematories and cremation 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.
Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, is amended by adding a new Code section to read as follows:
"43-18-81. Any person, firm, corporation, or association licensed under this chapter to operate one or more funeral establishments but only one crematory may advertise access to a crematory and cremation services on all forms of advertisements related to any such funeral establishment, provided that all of the funeral establishments which are the subject of such advertisements are operated under the same name and are located within a 40 mile radius from the location of the crematory."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representatives Bentley of the 139th and Turner of the 21st were excused from voting on HB 889.
The report of the Committee, which was favorable to the passage of the Bill, 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 Atwood Y Ballinger
Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B.
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold N Pirkle Y Powell, A Y Powell, J
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
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
MONDAY, FEBRUARY 29, 2016
1867
Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas
Clark, D Y Clark, H
Clark, V Y Coleman
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 Gilligan E Glanton Y Golick Y Gordon N Gravley Y Greene
E Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Price Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sims
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 E Williams, E N Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 149, nays 13.
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 House:
HB 955. By Representatives Yates of the 73rd, Fludd of the 64th and Mabra of the 63rd:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3399), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for the continuation in office of current members; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
1868
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 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.
The following Committee substitute was read and adopted:
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 create an offense involving the fraudulent representation of military service or award received due to military service; to provide for definitions; 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 the "Georgia Military Service Integrity and Preservation Act."
SECTION 2. Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to
fraud and related offenses, is amended by adding a new Code section to read as follows: "16-9-63.
(a) As used in this Code section, the term: (1) 'Armed forces of the United States' means the army, navy, air force, marine corps, or coast guard and the reserve components thereof and the uniformed components of the Public Health Service or the National Oceanic and Atmospheric Administration. (2) 'Military decoration' means: (A) A medal, decoration, badge, or ribbon authorized by law, executive order, or regulation to be awarded to a member of the armed forces of the United States by the President of the United States, Congress, the United States Department of Defense, or the United States Department of Homeland Security;
MONDAY, FEBRUARY 29, 2016
1869
(B) A medal, decoration, badge, or ribbon authorized by law, executive order, or regulation to be awarded to members of the organized militia; or (C) A rosette or metal lapel button depicting a medal, decoration, badge, or ribbon described in subparagraph (A) or (B) of this paragraph which is authorized by law, executive order, or regulation to be worn on civilian clothing. (3) 'Military medal award' shall have the same meaning as provided for under Code Section 40-2-85.1. (4) 'Military veteran' means a current, former, or retired member of the armed forces of the United States, the organized militia, or a state military force of another state. (5) 'Organized militia' means the Army National Guard, the Air National Guard, the Georgia Naval Militia, and the State Defense Force. (6) 'Tangible benefit' means: (A) A benefit, preference, service, or other thing of value offered to a military veteran which is enhanced or offered at a reduced rate or free of charge by an agency of this state, or any political subdivision or authority thereof, based on such military veteran's service or the award of a military decoration; (B) Employment or promotion in an individual's employment; or (C) Election to public office. (b) It shall be unlawful for any individual, with the intent to secure a tangible benefit for himself or herself, to make a false, fictitious, or fraudulent statement or representation that such individual is a military veteran or recipient of a military decoration. (c) It shall be unlawful for any individual, with the intent to deceive, to appear in a court of this state while wearing: (1) The uniform of the armed forces of the United States or of the organized militia of this state if such individual is not authorized to wear such uniform; or (2) Any military decoration which such individual has not, in fact, been awarded. (d) Any person who violates this Code section shall be guilty of a misdemeanor; provided, however, that if such violation involves a military medal award, such person shall be guilty of a misdemeanor of a high and aggravated nature. (e) Any violation of this Code section shall be considered a separate offense and shall not merge with any other offense. If an individual is convicted of a violation of Code Section 16-10-20 and this Code section arising out of the same incident, any penalty imposed for a violation of this Code section shall be served consecutively to any sentence that may be imposed for a violation of Code Section 16-10-20."
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.
1870
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 E 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 1066. By Representatives Powell of the 32nd, Taylor of the 173rd, Jasperse of the 11th and Blackmon of the 146th:
A BILL to be entitled an Act to amend Code Section 42-2-8 of the Official Code of Georgia Annotated, relating to additional duties of the commissioner of corrections, so as to authorize the chief of staff to the commissioner to
MONDAY, FEBRUARY 29, 2016
1871
issue warrants for the arrest of an offender who has escaped from the custody of the department; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison N Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch N Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 164, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
1872
JOURNAL OF THE HOUSE
Representative Welch of the 110th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HB 699. By Representatives Welch of the 110th, Setzler of the 35th, Strickland of the 111th and Tanner of the 9th:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to provisions applicable to counties, municipal corporations, and other governmental entities, so as to define a certain term; to provide that when a majority of an elected governing body is not elected to serve the next term of office, such body shall not have the authority to incur debt, execute contracts, or dispose of assets; to provide that such contracts or instruments of indebtedness shall be void ab initio; to provide for a cause of action to enforce such provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The Speaker announced the House in recess until 1:45 o'clock, this afternoon.
MONDAY, FEBRUARY 29, 2016
1873
AFTERNOON SESSION
The House stood at ease until 2:00 o'clock, this afternoon.
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 1556. By Representatives Setzler of the 35th, Ehrhart of the 36th, Reeves of the 34th, Teasley of the 37th, Smith of the 41st and others:
A RESOLUTION congratulating the Allatoona High School Buccaneer football team on winning the GHSA AAAAA State Championship; and for other purposes.
HR 1557. By Representative Ralston of the 7th:
A RESOLUTION recognizing and congratulating Mr. Brian Finnicum on the occasion of his retirement; and for other purposes.
HR 1558. By Representative Williams of the 119th:
A RESOLUTION commending Mr. Gunter W. Daniell on the grand occasion of his 100th birthday; and for other purposes.
HR 1559. By Representatives Ehrhart of the 36th, Reeves of the 34th, Evans of the 42nd, Carson of the 46th, Maxwell of the 17th and others:
A RESOLUTION recognizing and commending the students, coaches, and staff involved with the inaugural football season at Kennesaw State University; and for other purposes.
HR 1560. By Representatives Ehrhart of the 36th, Reeves of the 34th, Evans of the 42nd, Carson of the 46th, Maxwell of the 17th and others:
A RESOLUTION recognizing and commending Dr. Thomas Currin, Dean of the College of Southern Polytechnic College of Engineering and Engineering Technology at Kennesaw State University, and students Valerie Washington and Kurt Jacobson for earning three of the top six annual awards from the Georgia Society of Professional Engineers; and for other purposes.
1874
JOURNAL OF THE HOUSE
HR 1561. By Representative Ramsey of the 72nd:
A RESOLUTION recognizing and commending Ryan Patrick Cockes; and for other purposes.
HR 1562. By Representative Ramsey of the 72nd:
A RESOLUTION recognizing and commending Harrison Dean Jaggers; 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 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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
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 an additional consideration for the court to consider in applying the doctrine of forum non conveniens; 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:
MONDAY, FEBRUARY 29, 2016
1875
SECTION 1. 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, is amended by revising Code Section 910-31.1, relating to forums outside of this state, as follows:
"9-10-31.1. (a) If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens. As to a claim or action that would be more properly heard in a forum outside this state, the court shall may dismiss the claim or action. As to a claim or action that would be more properly heard in a different county of proper venue within this state, the venue shall be transferred to the appropriate county. In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors:
(1) Relative ease of access to sources of proof; (2) Availability and cost of compulsory process for attendance of unwilling witnesses; (3) Possibility of viewing of the premises, if viewing would be appropriate to the action; (4) Unnecessary expense or trouble to the defendant not necessary to the plaintiff's own right to pursue his or her remedy; (5) Administrative difficulties for the forum courts; (6) Existence of local interests in deciding the case locally; and (7) Whether the forum outside of this state provides for impartial tribunals and procedures that are consonant to the requirements of due process of law as required by the Constitutions of the United States and the State of Georgia; and (7)(8) The traditional deference given to a plaintiff's choice of forum. (b) A court may shall not dismiss a claim under this Code section until the defendant files with the court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, all the defendants waive the right to assert a statute of limitations defense in all other states of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed."
SECTION 2. This Act shall become effective on July 1, 2016, and shall apply to civil actions arising on or after July 1, 2016.
1876
JOURNAL OF THE HOUSE
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick E Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 E 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.
MONDAY, FEBRUARY 29, 2016
1877
HB 727. By Representatives Battles of the 15th, Turner of the 21st, Parsons of the 44th, LaRiccia of the 169th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48 of the O.C.G.A., relating to taxation of consumer fireworks, so as to provide for local excise taxation of consumer fireworks and the collection of such excise tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to provide for definitions; to distinguish between consumer fireworks retail sales facilities and consumer fireworks retail sales stands; to revise the days, times, and locations in which consumer fireworks may be lawfully used or exploded; to revise the days, times, places, situations, and circumstances within this state where the use or explosion of consumer fireworks may be prohibited or subject to further regulation; to create a criminal offense relating to the use or explosion of consumer fireworks while under the influence; to provide for criminal penalties; to provide for the sale of consumer fireworks from temporary consumer fireworks retail sales facilities; to provide for licensing for a distributor selling consumer fireworks from a temporary consumer fireworks retail sales facility; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of consumer fireworks, so as to provide for local excise taxation of consumer fireworks and the collection of such excise tax; 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:
1878
JOURNAL OF THE HOUSE
SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, is amended in subsection (a) of Code Section 25-10-1, relating to definitions, by revising paragraph (2) and adding four new paragraphs to read as follows:
"(2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for by NFPA 1124; provided, however, that such term shall not include consumer fireworks retail sales stands, and provided, further, that such term in reference to a temporary building or structure shall include a tent, canopy, or membrane structure." "(4.1) 'Electric plant' shall have the same meaning as provided for in Code Section 46-3A-1." "(8.1) 'Public gathering' means any mass congregated gathering of persons, including, but not limited to, athletic or sporting events, church assemblies, and political rallies and functions." "(12) 'Wastewater treatment plant' shall have the same meaning as provided for in Code Section 43-51-2. (13) 'Water treatment plant' shall have the same meaning as provided for in Code Section 43-51-2."
SECTION 2. Said chapter is further amended by revising paragraphs (3) and (6) of subsection (b) of Code Section 25-10-2, relating to prohibited fireworks activities, as follows:
"(3)(A) It shall be unlawful to use or explode or cause to be exploded fireworks, consumer fireworks, or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors, within five yards of a vertical or overhead obstruction, or across, into, or within the right of way of a public road, street, highway, or railroad of this state. (B) Except as provided for in subparagraph (D) subparagraphs (D) through (F) of this paragraph and subject to paragraph (4) of this subsection and Code Section 2510-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or explode or cause to be exploded any consumer fireworks on:
(i) January 1 of each year between the times of 12:00 Midnight and 1:00 A.M. and 10:00 A.M. and 11:59 P.M.; (ii) July 3, July 4, and December 31 of each year between the times of 10:00 A.M. and 11:59 P.M.; and (iii) Any any day, other than those provided for in divisions (i) and (ii) of this subparagraph, between the hours times of 10:00 A.M. and 12:00 Midnight only; provided, however, that it shall be lawful for any person, firm, corporation, association, or partnership to use or explode or cause to be exploded any consumer fireworks on January 1, July 3, July 4, and December 31 of each year between the hours of 12:00 Midnight and 2:00 A.M. 10:00 P.M. if such use or explosion is lawful pursuant to any noise ordinance of the county, municipal corporation, or consolidated government of the location in which such use or explosion occurs.
MONDAY, FEBRUARY 29, 2016
1879
(C) Subject to subparagraphs (D) through (F) of this paragraph, paragraph (4) of this subsection, and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or explode or cause to be exploded any consumer fireworks anywhere in this state except:
(i) As provided for under subparagraph (A) of this paragraph and Code Section 25-10-2.1; (ii) In any location where such person, firm, corporation, association, or partnership is not lawfully present or is not otherwise lawfully permitted to use or explode or cause to be exploded any consumer fireworks; or (iii) Within 100 yards of a nuclear power facility or an electric plant; water treatment plant; wastewater treatment plant; a facility engaged in the retail sale of gasoline or other flammable or combustible liquids or gases where the volume stored is in excess of 500 gallons or in containers of 500 water gallons; a facility engaged in the production, refining, processing, or blending of gasoline any flammable or combustible liquids or gases for such retail purposes; any public or private electric substation; or a jail or prison; (iv) Within 100 yards of a hospital, nursing home, or other health care facility regulated under Chapter 7 of Title 31; provided, however, that an owner or operator of such facility may use or explode or cause to be exploded consumer fireworks on the property of such facility; (v) Upon any property owned or operated by, for, or under the custody and control of a governing authority of a county, municipal corporation, or consolidated government; provided, however, that such governing authority may use or explode or cause to be exploded consumer fireworks on such property; (vi) At a public gathering where, in the discretion of a law enforcement agency, local fire department, or employees of the state fire marshal's office having operational jurisdiction within the location of such use or explosion of consumer fireworks, such use or explosion of consumer fireworks is determined to not be reasonable in the interest of public safety; provided, however, that such law enforcement agency, local fire department, or employees of the state fire marshal's office provide notice of such determination or direct such person, firm, corporation, association, or partnership to cease such use or explosion of consumer fireworks; (vii) While under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is less safe or unlawful for such person to use or explode or cause to be exploded consumer fireworks as provided for in Code Section 25-10-2.1; or (viii) For the purpose of deliberately or intentionally harassing, intimidating, or causing harm to others or where a law enforcement officer has probable cause to believe that such use or explosion is for the purpose of deliberately or intentionally harassing, intimidating, or causing harm to others. (D) Any person, firm, corporation, association, or partnership may use or explode or cause to be exploded any consumer fireworks on any day at a time not provided
1880
JOURNAL OF THE HOUSE
for under subparagraph (B) of this paragraph if such person, firm, corporation, association, or partnership is issued a special use permit pursuant to the law of a governing authority of a county or municipal corporation for the use or explosion of consumer fireworks in a location within such county or municipality at a time not provided for under subparagraph (B) of this paragraph. Such special use permit shall designate the time or times and location that such person, firm, corporation, association, or partnership may use or explode or cause to be exploded such consumer fireworks. A fee assessed by a county or municipal corporation for the issuance of a special use permit pursuant to this subparagraph shall not exceed $100.00. No governing authority or official of a county, municipality, or other political subdivision shall bear liability for any decisions made pursuant to this Code section. (E) Nothing in this chapter shall be construed to prevent the governing authority of a county, municipal corporation, or consolidated government from enforcing any public health or safety law, including, but not limited to, noise and littering ordinances and regulations, in regard to consumer fireworks to the extent permitted under this chapter; provided, however, that no further regulation or restriction by any county, municipal corporation, or consolidated government shall be effective pursuant to this subparagraph on January 1, July 3, July 4, or December 31 of any year. (F) Whenever the Governor or the director of the Environmental Protection Division of the Department of Natural Resources issues a declaration of drought, the governing authority of any county, municipal corporation, or consolidated government within the boundaries of the area covered by such declaration may enact further regulations and restrictions concerning consumer fireworks than provided for under this chapter, including, but not limited to, a prohibition on the use or explosion of consumer fireworks for the duration of time that such declaration is in effect." "(6)(A) It shall be lawful to sell consumer fireworks from a permanent consumer fireworks retail sales facility or store only if such permanent consumer fireworks retail sales facility or store is:
(i) In compliance with the requirements for such a permanent consumer fireworks retail sales facility or store in the selling of consumer fireworks as provided for in NFPA 1124; and (ii) Selling consumer fireworks of a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1. (B) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks retail sales stand only if such temporary consumer fireworks retail sales stand is: (i) In compliance with the requirements for such a temporary consumer fireworks retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124;
MONDAY, FEBRUARY 29, 2016
1881
(ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political subdivision or a fire department connection of a building affiliated with such consumer fireworks retail sales stand, unless the chief administrative officer of the fire department of a county, municipality, or other political subdivision or chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority over such location of the temporary consumer fireworks retail sales stand provides in writing that such temporary consumer fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant or fire department connection; and (iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1. No distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 shall at any one time operate more than two temporary consumer fireworks retail sales stands for each license issued to such distributor under subsection (b) or (d) of Code Section 25-10-5.1, except that a distributor which is a retail chain and which is licensed pursuant to subsection (d) of Code Section 25-10-5.1 shall not at any one time operate more than two temporary consumer fireworks retail sales stands for each store of such retail chain. Such temporary consumer fireworks retail sales stands shall be located within the same county as the location of such permanent consumer fireworks retail sales facility or store provided for under subsection (b) or (d) of Code Section 25-10-5.1; provided, however, that if a county does not have a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1 offering consumer fireworks for sale from a permanent consumer fireworks retail sales facility or store within its boundaries, then a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1 offering consumer fireworks for sale from a permanent consumer fireworks retail sales facility or store within 75 miles of the perimeter of the boundaries of such county may locate one of the two temporary consumer fireworks retail sales stands in the unserved county. (C) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks retail sales facility only if such temporary consumer fireworks retail sales facility is: (i) In compliance with the requirements for such temporary consumer fireworks retail sales facility in the selling of consumer fireworks as provided for in NFPA 1124; (ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political subdivision or a fire department connection of a building affiliated with such temporary consumer fireworks retail sales facility, unless the chief administrative officer of the fire department of a county, municipality, or other political subdivision or chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority over such location of the temporary consumer fireworks retail sales facility provides in writing that such temporary consumer fireworks retail sales facility may operate in excess of 1,000 feet from such fire hydrant or fire department connection; and
1882
JOURNAL OF THE HOUSE
(iii) Selling consumer fireworks from a distributor licensed pursuant to subsection (e) of Code Section 25-10-5.1. (C)(D) It shall be unlawful to sell consumer fireworks from any motor vehicle or from a trailer towed by a motor vehicle."
SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"25-10-2.1 (a) It shall be unlawful for any person to use or explode or cause to be exploded fireworks or consumer fireworks while:
(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for such person to use or explode or cause to be exploded consumer fireworks or fireworks; (2) Such person's alcohol concentration is 0.08 grams or more; or (3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in such person's blood or urine, or both, including the metabolites and derivatives of each or both, without regard to whether or not any alcohol is present in such person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of using or exploding or causing to be exploded consumer fireworks or fireworks safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor."
SECTION 4. Said chapter is further amended in Code Section 25-10-5.1, relating to requirements for issuance of license to distribute consumer fireworks, by adding a new subsection to read as follows:
"(e)(1) The license fee for a distributor selling consumer fireworks from a temporary consumer fireworks retail sales facility shall be $750.00 per location, payable to the governing authority of the county, municipality, or other political subdivision of this state in whose boundaries such temporary consumer fireworks retail sales facility shall be located or is proposed to be located. Upon finding that a distributor has met the requirements of paragraph (4) of this subsection, paragraph (1) of subsection (a) of this Code section, and subparagraph (b)(6)(C) of Code Section 25-10-2 and upon payment of such license fee, such license shall be issued by the fire department of the county, municipality, or other political subdivision or the chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority of the area in which such temporary consumer fireworks retail
MONDAY, FEBRUARY 29, 2016
1883
sales facility shall be located or is proposed to be located. Such license shall identify the temporary consumer fireworks retail sales facility applicable to such license. Such license may be valid for only the dates of June 18 through July 6 of each year and December 20 of each year through January 1 of the following year; provided, however, that no such license shall be issued no more than 90 days prior to each period. (2) A determination by a fire department as provided for under paragraph (1) of this subsection of whether a distributor has met the requirements for the issuance of a license pursuant to this subsection shall be made within 15 days of the submission of an application for any such license. Such application shall be in writing and, if such fire department provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by such fire department. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by such fire department, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the temporary consumer fireworks retail sales facility. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (3) The governing authority of a county, municipality, or other political subdivision receiving fees pursuant to this Code section shall expend such fees for public safety purposes.
(4)(A) No license shall be issued pursuant to this subsection unless the application for such license is accompanied by a letter from the office of the state revenue commissioner stating, if true, that the distributor making such application maintains a tax identification number with the Department of Revenue and is in good standing in the performance of filing and remittance of taxes to such department. (B) Pursuant to Code Section 48-2-12, the state revenue commissioner shall promulgate rules and regulations for the issuance of letters as provided for under this paragraph."
SECTION 5. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government provisions applicable to counties and municipal corporations, is amended by revising Code Section 36-60-24, relating to sale or use or explosion of consumer fireworks products, as follows:
"36-60-24. (a) The governing authority of a county, or municipal corporation, or consolidated government shall not prohibit the sale or use or explosion of consumer fireworks or other products or services which are lawful under subsection (b) of Code Section 2510-1 Chapter 10 of Title 25, unless such prohibition is expressly authorized by general law. (b) If the sale of a product or service is regulated by Chapter 10 of Title 25, the governing authority of a county, or municipal corporation, or consolidated government
1884
JOURNAL OF THE HOUSE
shall not enact additional regulation of the sale or use or explosion of such product or service, unless such additional regulation is expressly authorized by general law. (c) Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county, or municipal corporation, or consolidated government may provide for permits or licenses for the sale or use of consumer fireworks as provided for under subsection subsections (c) and (e) of Code Section 25-10-5.1. (d) Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county, municipal corporation, or consolidated government may further regulate the sale of consumer fireworks from temporary consumer fireworks retail sales stands. (e) The governing authority of a county, municipal corporation, or consolidated government shall not unreasonably delay or deny an application for a temporary consumer fireworks retail sales stand or a temporary consumer fireworks retail sales facility. (f) For purposes of this subsection, the terms 'consumer fireworks' fireworks,' 'consumer fireworks retail sales facility,' and 'consumer fireworks retail sales stand' shall have the same meanings as provided in Code Section 25-10-1. (g) Any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void."
SECTION 6. Article 7 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of consumer fireworks, is amended by revising Code Section 48-13-131, relating to excise tax imposed, rate of taxation, and payment, as follows:
"48-13-131. (a)(1) A state 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 4 percent per item sold. (b)(2) The state excise tax imposed by this article pursuant to this subsection 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. (b)(1) A local 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 1 percent per item sold. (2) The local excise tax imposed pursuant to this subsection shall be paid by the seller and due and payable to the local governing authorities imposing such tax for such sales occurring within their jurisdiction."
SECTION 7. (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.
MONDAY, FEBRUARY 29, 2016
1885
(b) Section 6 of this Act shall become effective on January 1, 2017.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Powell of the 32nd and Battles of the 15th offer the following amendment:
Amend the committee substitute to HB 727 (LC 36 2999S) by replacing lines 3 through 4 with the following: thereof; to provide for definitions; to revise the days, times, and locations
By replacing lines 9 through 11 with the following: provide for criminal penalties; to amend
By replacing line 24 with the following: adding four new paragraphs to read as follows:
By deleting lines 25 through 28.
By replacing line 39 with the following: Said chapter is further amended by revising paragraph (3) of subsection (b) of Code
By deleting lines 129 through 185.
By deleting lines 208 through 250 and by redesignating Sections 5 through 8 as Sections 4 through 7, respectively.
By replacing lines 267 through 268 with the following: or licenses for the sale or use of consumer fireworks as provided for under subsection (c) of Code Section 25-10-5.1.
By replacing lines 274 through 276 with the following: fireworks retail sales stand. (f) For purposes of this subsection, the terms 'consumer fireworks' and 'consumer fireworks retail sales stand' shall have the
By replacing line 302 with the following: (b) Section 5 of this Act shall become effective on January 1, 2017.
1886
JOURNAL OF THE HOUSE
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison N Atwood N Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K N Bennett, T N Bentley N Benton N Beskin N Beverly Y Blackmon N Broadrick N Brockway N Bruce E Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M Y Cannon N Cantrell N Carson Y Carter, A N Carter, D N Casas N 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 N Dempsey Y Dickerson N Dickey N Dickson Y Dollar Y Douglas N Drenner N Dudgeon N Dukes N Dunahoo N Duncan N Ealum N Efstration N Ehrhart N England N Epps Y Evans N Fleming N Floyd Y Fludd N Frazier Y Frye N Gardner N Gasaway N Gilligan N Glanton N Golick N Gordon N Gravley Y Greene
N Harden N Harrell Y Hatchett N Hawkins N Henson N Hightower Y Hitchens N Holcomb N Holmes N Houston N Howard N Hugley E Jackson Y Jasperse N Jones, J N Jones, J.B. E Jones, L N Jones, S Y Jordan
Kaiser N Kelley N Kendrick N Kidd N Kirby Y Knight N LaRiccia N Lott N Lumsden Y Mabra N Marin N Martin N Maxwell Y Mayo N McCall N McClain Y Meadows
N Metze Y Mitchell N Morris Y Mosby Y Nimmer N Nix Y Oliver N Pak N Parrish N Parsons E Peake N Petrea N Pezold Y Pirkle N Powell, A Y Powell, J N Price N Prince N Pruett N Quick N Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes N Rice N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler N Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R N Smyre N Spencer N Stephens, M N Stephens, R Y 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 N Trammell N Turner N Waites Y Watson Y Welch
Weldon N Werkheiser N Wilkerson N Wilkinson N Willard N Williams, A N Williams, C E Williams, E N Williamson Y Yates
Ralston, Speaker
On the adoption of the amendment, the ayes were 51, nays 121.
The amendment was lost.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
MONDAY, FEBRUARY 29, 2016
1887
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle N Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice N 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 N 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 Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 165, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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
1888
JOURNAL OF THE HOUSE
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 following Committee substitute was read:
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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, is amended by revising Code Section 9-11-11.1, relating to exercise of rights of freedom of speech and to petition government for redress of grievances, legislative findings, verification of claims, definitions, procedure on motions, exception, and fees and expenses, as follows:
"9-11-11.1. (a) The General Assembly of Georgia finds and declares that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance and public interest through the exercise of their constitutional rights of petition and freedom of speech and the right to petition government for redress of grievances. The General Assembly of Georgia further finds and declares that the valid exercise of the constitutional rights of petition and freedom of speech and the right to petition government for a redress of grievances should not be chilled through abuse of the judicial process. To accomplish the declarations provided for under this subsection, this Code section shall be construed broadly.
(b)(1) A claim for relief For any claim asserted against a person or entity arising from an act by that any act of such person or entity which could reasonably be construed as an act in furtherance of the person's right of petition or free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern shall be subject to a motion to strike unless the court determines that the nonmoving party has established that there is a probability that the
MONDAY, FEBRUARY 29, 2016
1889
nonmoving party will prevail on the claim, both the party asserting the claim and the party's attorney of record, if any, shall be required to file, contemporaneously with the pleading containing the claim, a written verification under oath as set forth in Code Section 9-10-113. Such written verification shall certify that the party and his or her attorney of record, if any, have read the claim; that to the best of their knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; that the act forming the basis for the claim is not a privileged communication under paragraph (4) of Code Section 51-5-7; and that the claim is not interposed for any improper purpose such as to suppress a person's or entity's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of litigation. If the claim is not verified as required by this subsection, it shall be stricken unless it is verified within ten days after the omission is called to the attention of the party asserting the claim. If a claim is verified in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the persons who signed the verification, a represented party, or both an appropriate sanction which may include dismissal of the claim and an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, including a reasonable attorney's fee. (2) In making the determination as provided for in paragraph (1) of this subsection, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based. (3) If the court determines that the nonmoving party under paragraph (1) of this subsection has established a probability that he or she would prevail on the claim, neither that determination nor the fact of such determination shall be admissible in evidence at any later stage of the case or in any subsequent action and no burden or proof or degree of proof otherwise applicable shall be affected by such determination in any later stage of the case or in any subsequent proceeding. (b.1) In any action subject to subsection (b) of this Code section, a prevailing moving party on a motion to strike shall be granted the recovery of attorney's fees and expenses of litigation related to the action in an amount to be determined by the court based on the facts and circumstances of the case. If the court finds that a motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award attorney's fees and expenses of litigation to the nonmoving party prevailing on the motion for the attorney's fees and expenses of litigation associated with the motion in an amount to be determined by the court based on the facts and circumstances of the case. (c) As used in this Code section, the term 'act in furtherance of the person's right of petition or free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern' includes any shall include:
1890
JOURNAL OF THE HOUSE
(1) Any written or oral statement, or writing, or petition made before or to a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, or any; (2) Any written or oral statement, or writing, or petition made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; or (3) Any written or oral statement or writing or petition made in a place open to the public or a public forum in connection with an issue of public interest or concern. (d) All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a motion to dismiss or a motion to strike made pursuant to subsection (b) of this Code section until a final decision on the motion. The motion shall be heard not more than 30 days after service unless the emergency matters before the court require a later hearing. The court, on noticed motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted notwithstanding this subsection. (e) Nothing in this Code section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, law, or rule. (f) This Code section shall not apply to any action brought by the Attorney General or a prosecuting attorney, or a city attorney acting as a prosecutor, to enforce laws aimed at public protection. (f)(g) Attorney's fees and expenses of litigation under this Code section may shall be requested by motion at any time during the course of the action but not later than 45 days after the final disposition, including but not limited to dismissal by the plaintiff, of the action."
SECTION 2. Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended in Code Section 51-5-7, relating to privileged communications, by revising paragraph (4) as follows:
"(4) Statements made in good faith as part of an act in furtherance of the person's right of petition or free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, as defined in subsection (c) of Code Section 9-11-11.1;"
SECTION 3. This Act shall become effective on July 1, 2016.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
MONDAY, FEBRUARY 29, 2016
1891
The following amendment was read:
Representative Evans of the 42nd offers the following amendment:
Amend the House Committee on Judiciary, Non-civil substitute to HB 513 (LC 29 7039S) by deleting "to revise definitions;" on line 5.
By replacing lines 17 through 104 with the following: (a) The General Assembly of Georgia finds and declares that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance through the exercise of their constitutional rights of freedom of speech and the right to petition government for redress of grievances. The General Assembly of Georgia further finds and declares that the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances should not be chilled through abuse of the judicial process. (b) For any claim asserted against a person or entity arising from an act by that person or entity which could reasonably be construed as A person in this state may not file or cause to be filed, personally or through its employees or agents, any lawsuit, cause of action, claim, cross-claim, or counterclaim against another person or entity without merit and primarily because such person or entity has taken an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, both the party asserting the claim and the party's attorney of record, if any, shall be required to file, contemporaneously with the pleading containing the claim, a written verification under oath as set forth in Code Section 9-10-113. Such written verification shall certify that the party and his or her attorney of record, if any, have read the claim; that to the best of their knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; that the act forming the basis for the claim is not a privileged communication under paragraph (4) of Code Section 51-5-7; and that the claim is not interposed for any improper purpose such as to suppress a person's or entity's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of litigation. If the claim is not verified as required by this subsection, it shall be stricken unless it is verified within ten days after the omission is called to the attention of the party asserting the claim. (c) A person or entity sued in violation of this Code section has a right to an expeditious resolution of a claim that the lawsuit, cause of action, or claim is in violation of this Code section. A person or entity may move the court for an order dismissing the lawsuit, cause of action, or claim. The person or entity may file a motion, together with supplemental affidavits, seeking a determination that the claimant's lawsuit, cause of action, or claim has been brought in violation of this Code section. The claimant shall thereafter file a response and any supplemental affidavits.
1892
JOURNAL OF THE HOUSE
(d) If the court determines a lawsuit, cause of action, or claim is verified made in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the persons who signed the verification, a represented party, or both an appropriate sanction which may include dismissal of the lawsuit, cause of action, or claim and an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, including a reasonable attorney's fee. (c)(e) As used in this Code section, 'act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern' includes any written or oral statement, writing, or petition made before or to a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, or any written or oral statement, writing, or petition made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law. (d)(f) All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a motion to dismiss or a motion to strike made pursuant to subsection (b) of this Code section. The motion shall be heard not more than 30 days after service unless the emergency matters before the court require a later hearing. The court, on noticed motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted notwithstanding this subsection. (e)(g) Nothing in this Code section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, law, or rule. (h) This Code section shall not apply to any action brought by the Attorney General or a prosecuting attorney, or a city attorney acting as a prosecutor, to enforce laws aimed at public protection. (f)(i) Attorney's fees and expenses under this Code section may be requested by motion at any time during the course of the action but not later than 45 days after the final disposition, including but not limited to dismissal by the plaintiff, of the action."
SECTION 2. Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended in Code Section 51-5-7, relating to privileged communications, by revising paragraph (4) as follows:
"(4) Statements made in good faith as part of an act in furtherance of the person's right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, as defined in subsection (c) (e) of Code Section 9-11-11.1;"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
MONDAY, FEBRUARY 29, 2016
1893
Y Abrams Y Alexander N Allison N Atwood
Ballinger N Barr N Battles Y Beasley-Teague N Belton Y Bennett, K Y Bennett, T Y Bentley N Benton N Beskin Y Beverly Y Blackmon N Broadrick N Brockway Y Bruce E Bryant Y Buckner N Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell N Carson Y Carter, A Y Carter, D N Casas N Chandler
Cheokas N Clark, D Y Clark, H N Clark, V Y Coleman
N Cooke Y Coomer N Cooper N Corbett Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan Y Ealum Y Efstration N Ehrhart N England N Epps Y Evans Y Fleming Y Floyd N Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton N Golick Y Gordon Y Gravley N Greene
N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hitchens Y Holcomb N Holmes N Houston Y Howard Y Hugley Y Jackson N Jasperse N Jones, J N Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick N Kidd N Kirby N Knight N LaRiccia N Lott N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo N McCall Y McClain N Meadows
Y Metze Y Mitchell N Morris Y Mosby N Nimmer N Nix Y Oliver N Pak N Parrish Y Parsons E Peake N Petrea N Pezold N Pirkle N Powell, A N Powell, J N Price Y Prince N Pruett Y Quick N Raffensperger
Rakestraw N Ramsey Y Randall N Reeves N Rhodes Y Rice N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sims
Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M N Stephens, R Y Stephenson E Stovall N Stover N Strickland N Tankersley N Tanner N Tarvin
Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E N Trammell N Turner Y Waites N Watson N Welch Y Weldon N Werkheiser Y Wilkerson N Wilkinson N Willard
Williams, A N Williams, C E Williams, E Y Williamson N Yates
Ralston, Speaker
On the adoption of the amendment, the ayes were 71, nays 98.
The amendment was lost.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison
Y Cooke Y Coomer Y Cooper
Y Harden Y Harrell Y Hatchett
Metze Y Mitchell Y Morris
N Smith, E Y Smith, L N Smith, M
1894
JOURNAL OF THE HOUSE
Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar N Douglas Y Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming N Floyd Y Fludd N Frazier N Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S Y Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra Y Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson E 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 N Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 131, nays 41.
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 Senate:
SB 402. By Senators Mullis of the 53rd, Burke of the 11th, Harper of the 7th and Watson of the 1st:
MONDAY, FEBRUARY 29, 2016
1895
A BILL to be entitled an Act to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide for a moratorium on the issuance of new licenses to narcotic treatment programs; to create the State Commission on Narcotic Treatment Programs; to provide legislative findings and intent; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the acceptance of applications and issuing of licenses for narcotic treatment programs for a certain period; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 404. By Senators Harper of the 7th, Albers of the 56th, Dugan of the 30th, Jones II of the 22nd, Watson of the 1st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to revise provisions for the off-duty use of motor vehicles by certain law enforcement officers of the department relative to approved off-duty employment; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 417. By Senators Mullis of the 53rd, Gooch of the 51st, Beach of the 21st and Ginn of the 47th:
A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the "Georgia Film and Television Trail Act"; to provide for a short title; to provide for definitions; to provide for a purpose; to provide for the Department of Economic Development to plan and develop the trail; to provide for policies; to provide for the Department of Transportation to place trail signs designed in conjunction with the Department of Economic Development; to provide for certain immunities; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 3:45 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:
1896
JOURNAL OF THE HOUSE
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 375. By Senators Gooch of the 51st, Albers of the 56th, Williams of the 27th, Parent of the 42nd, Jones of the 10th and others:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide certain requirements and standards for the incorporation of new municipal corporations; to require a financial viability, fiscal impact, and service delivery study; to prohibit the creation of unincorporated islands; to provide for special districts to amortize obligations; to require referendum approval; to repeal conflicting laws; and for other purposes.
SB 416. By Senators Cowsert of the 46th, Harbison of the 15th, Harper of the 7th, Thompson of the 14th and Dugan of the 30th:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia Information Sharing and Analysis Center within the Georgia Bureau of Investigation; to provide for a fusion center for the sharing and analysis of homeland security activity information; to provide for definitions; to provide for operations and responsibilities; to provide for membership; to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to Georgia Emergency Management Agency created, director, staff, offices, director's duties, and disaster coordinator, so as to expand the duties of the director of emergency management; 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 310. By Senators Ligon, Jr. of the 3rd, Martin of the 9th, Hill of the 6th, Shafer of the 48th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to prohibit the implementation of certain grants affecting education policy regarding pre-kindergarten through grade 12 education until a written analysis is provided and the grant terms are ratified by the General
MONDAY, FEBRUARY 29, 2016
1897
Assembly; to provide for a definition; to provide for a short title; 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 604. By Senators Heath of the 31st, Hill of the 32nd, Crane of the 28th, Harbin of the 16th, Millar of the 40th and others:
A RESOLUTION proposing an amendment to the Constitution so as to prohibit the levy of state ad valorem taxes; to provide for applicability; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 734. By Representatives Spencer of the 180th, Stephens of the 165th, Stephens of the 164th, Jones of the 167th, Corbett of the 174th and others:
A BILL to be entitled an Act to amend Titles 36, 41, and 51 of the Official Code of Georgia Annotated, relating to local government, nuisances, and torts, respectively, so as to provide for the facilitation of space flight activities in this state; to provide for definitions; to prohibit local government regulation of noise associated with space flight operations; to provide that space flight operations shall not constitute nuisances under certain conditions; to limit the liability of space flight entities related to injuries sustained by participants who have agreed in writing to such a limitation; 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 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for the facilitation of space flight activities in this state; to provide for definitions; to provide for exceptions; to limit the liability of space flight entities related to injuries sustained by participants who have agreed in writing to such a limitation after being provided with certain warnings; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
1898
JOURNAL OF THE HOUSE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Space Flight Act."
SECTION 2. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new article to Chapter 3, relating to liability of landowners and occupiers of land, to read as follows:
"ARTICLE 4
51-3-41. (a) As used in this article, the term:
(1) 'Crew member' means any employee of a space flight entity or any contractor or subcontractor of a space flight entity who performs activities directly relating to the launch, reentry, or other operation of or in a spacecraft, launch vehicle, or reentry vehicle. (2) 'Launch' means a placement or attempted placement of a launch vehicle, reentry vehicle, or spacecraft in a suborbital trajectory, in earth orbit, or in outer space, including activities involved in the preparation of a launch vehicle, reentry vehicle, or spacecraft for launch. (3) 'Launch vehicle' means any vehicle and its stages or components designed to operate or place a spacecraft in a suborbital trajectory, in earth orbit, or in outer space. (4) 'Local government' means a county, municipal corporation, or consolidated government of the State of Georgia. (5) 'Local governmental unit' means a local government and any office, agency, department, commission, board, body, division, instrumentality, or institution thereof. (6) 'Person' means an individual, proprietorship, corporation, firm, partnership, association, or other such entity. (7) 'Reentry' means a return or attempt to return of a launch vehicle, reentry vehicle, or spacecraft from a suborbital trajectory, from earth orbit, or from outer space to earth, including activities involved in the recovery of a launch vehicle, reentry vehicle, or spacecraft. (8) 'Reentry vehicle' means any vehicle, including its stages or components, spacecraft, or reusable launch vehicle designed to return from earth orbit or outer space to earth substantially intact. (9) 'Spacecraft' means any object and its components designed to be launched for operations in a suborbital trajectory, in earth orbit, or in outer space, including, but not limited to, a satellite, a payload, an object carrying a crew member or space flight participant, and any subcomponents of the launch vehicle or reentry vehicle specifically designed or adapted for that object.
MONDAY, FEBRUARY 29, 2016
1899
(10) 'Space flight activities' means activities and training in any phase of preparing for or undertaking space flight, including, but not limited to, the:
(A) Preparation of a launch vehicle, reentry vehicle, payload, spacecraft, crew member, or space flight participant for launch, space flight, or reentry; (B) Conduct of the launch; (C) Conduct occurring between the launch and reentry; (D) Conduct of reentry and descent; (E) Conduct of the landing; (F) Conduct of post landing recovery of a launch vehicle, reentry vehicle, payload, spacecraft, crew member, or space flight participant; and (G) Conduct of embarking or disembarking of a launch vehicle, reentry vehicle, payload, spacecraft, crew member, or space flight participant. (11) 'Space flight entity' means: (A) A person which conducts space flight activities and which, to the extent required by federal law, has obtained the appropriate Federal Aviation Administration license or other authorization, including any safety approval and a payload determination that may be required under federal law or the laws of the State of Georgia. (B) A manufacturer or supplier of components, services, spacecraft, launch vehicles, or reentry vehicles used in space flight activities; (C) An employee, officer, director, owner, stockholder, member, manager, advisor, or partner of the entity, manufacturer, or supplier; (D) An owner or lessor of real property on which space flight activities are conducted; (E) A state agency or local governmental unit with a contractual relationship with any person described in subparagraphs (A) through (D) of this paragraph; or (F) A state agency or local governmental unit having jurisdiction in the territory in which space flight activities are conducted. (12) 'Space flight participant' means an individual who: (A) Is not a crew member; and
(B)(i) Is carried aboard a spacecraft, launch vehicle, or reentry vehicle; or (ii) Has indicated a desire to be carried aboard a spacecraft, launch vehicle, or reentry vehicle as demonstrated by paying any deposit or fee required, if any, to be carried aboard a spacecraft, launch vehicle, or reentry vehicle or by participating in any training program or orientation session that may be required by a space flight entity. (13) 'Space flight participant injury' means an injury sustained by a space flight participant, including bodily injury, emotional distress, death, disability, or any other loss. (14) 'State agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.
1900
JOURNAL OF THE HOUSE
(15) 'This state' means the State of Georgia, all land and water over which it has either exclusive or concurrent jurisdiction, and the airspace above such land and water.
51-3-42. (a) Except as provided in subsection (b) of this Code section, a space flight entity shall not be civilly liable to or criminally responsible for any person for a space flight participant injury arising out of inherent risks associated with any space flight activities occurring in or originating from this state if the space flight participant has:
(1) Signed the warning and written agreement required by Code Section 51-3-43; and (2) Given written informed consent as may be required by 51 U.S.C. Section 50905 or other federal law. (b) Nothing in this Code section shall: (1) Limit liability for a space flight participant injury:
(A) Proximately caused by the space flight entity's gross negligence for the safety of the space flight participant; or (B) Intentionally caused by the space flight entity; (2) Limit the liability of any space flight entity against any person other than a space flight participant who meets the requirements of paragraphs (1) and (2) of subsection (a) of this Code section; (3) Limit liability for the breach of a contract for use of real property by a space flight entity; or (4) Preclude an action by the federal government, the State of Georgia, or any state agency to enforce a valid statute or rule or regulation. (c) The limitations on legal liability afforded to a space flight entity by the provisions of this article shall be in addition to any other limitations of legal liability provided by federal law or the laws of this state.
51-3-43. (a) A space flight participant shall sign a warning and written agreement before participating in any space flight activity. Such written agreement shall include the following language:
WARNING AND AGREEMENT
UNDER GEORGIA LAW THERE IS NO LIABILITY FOR INJURY, DEATH, OR OTHER LOSS RESULTING FROM ANY INHERENT RISKS OF SPACE FLIGHT ACTIVITIES. SUCH INHERENT RISKS OF SPACE FLIGHT ACTIVITIES INCLUDE, WITHOUT LIMITATION, THE POTENTIAL FOR SERIOUS BODILY INJURY, SICKNESS, PERMANENT DISABILITY, PARALYSIS, AND LOSS OF LIFE; EXPOSURE TO EXTREME CONDITIONS AND CIRCUMSTANCES; ACCIDENTS, CONTACT, OR COLLISION WITH OTHER SPACE FLIGHT PARTICIPANTS, SPACE FLIGHT VEHICLES, AND EQUIPMENT; AND
MONDAY, FEBRUARY 29, 2016
1901
DANGERS ARISING FROM ADVERSE WEATHER CONDITIONS AND EQUIPMENT FAILURE.
I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS WARNING AND AGREEMENT, I HAVE EXPRESSLY ACCEPTED AND ASSUMED ALL RISKS AND RESPONSIBILITIES FOR INJURY, DEATH, AND OTHER LOSS THAT MAY RESULT FROM THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN ANY SPACE FLIGHT ACTIVITIES. I FURTHER UNDERSTAND AND AGREE THAT BY SIGNING THIS WARNING AND AGREEMENT, I HAVE EXPRESSLY WAIVED ALL CLAIMS OF MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNEES FOR ANY INJURY, DEATH, AND OTHER LOSS THAT MAY RESULT FROM MY PARTICIPATION IN ANY SPACE FLIGHT ACTIVITIES DUE TO THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN SPACE FLIGHT ACTIVITIES.
FURTHER WARNING: DO NOT SIGN UNLESS YOU HAVE READ AND UNDERSTOOD THIS WARNING AND AGREEMENT. (b) The warning and written agreement under subsection (a) of this Code section shall be considered effective and enforceable if it is: (1) In writing; (2) In a document separate from any other agreement between the space flight participant and the space flight entity other than a warning, consent, or assumption of risk statement required under federal law or under applicable laws of another state; (3) Printed in capital letters in not less than 10-point bold type; (4) Signed by the space flight participant on behalf of the space flight participant and any heirs, executors, administrators, successors, and assignees of the space flight participant; (5) Signed by a competent witness; and (6) Provided to the space flight participant at least 24 hours prior to such space flight participant's participation in any space flight activity. (c) A warning and written agreement executed pursuant to this Code section shall not limit liability for a space flight participant injury: (1) Proximately caused by the space flight entity's gross negligence evidencing willful or wanton disregard for the safety of the space flight participant; or (2) Intentionally caused by a space flight entity. (d) A warning and written agreement executed in compliance with this Code section shall not be deemed unconscionable or against public policy.
51-3-44. Any litigation, action, suit, or other arbitral, administrative, or judicial proceeding at law or equity against a space flight entity pertaining to space flight activities shall be governed by the laws of the State of Georgia."
1902
JOURNAL OF THE HOUSE
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K N Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
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 Evans Y Fleming Y Floyd Y Fludd Y Frazier N Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden N Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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 E 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 N Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 164, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
MONDAY, FEBRUARY 29, 2016
1903
HB 779. By Representatives Tanner of the 9th, Lumsden of the 12th, Watson of the 172nd, Prince of the 127th and Broadrick of the 4th:
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 regulate the use of unmanned aircraft systems and images captured by such systems; to provide for definitions; to provide for exceptions; to provide for penalties and a civil right of action; to provide for venue; to amend Code Section 27-3-151 of the Official Code of Georgia Annotated, relating to activity prohibited in the taking of wildlife, so as to regulate the use of unmanned aircraft systems in connection to hunting and fishing; 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 6, Title 16, and Code Section 27-3-151 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports generally, crimes and offenses, and activity prohibited in the taking of wildlife, respectively, so as to regulate the use of unmanned aircraft systems and the gathering of evidence or information by such systems; to change provisions relating to lawful flights over lands and waters of the state; to provide for definitions; to provide for exceptions; to provide for punishments and penalties and a civil right of action; to provide for venue; to provide for preemption; to regulate the use of unmanned aircraft systems in connection to hunting and fishing; 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 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports generally, is amended by revising Code Section 6-2-5, relating to lawful flight over lands and waters of the state, as follows:
"6-2-5. Flight in aircraft or by an unmanned aircraft system, as such term is defined in Code Section 16-11-210, over the lands and waters shall be lawful unless such flight is at such a low altitude as to interfere with the then existing reasonable use to which the land or water or space over the land or water is put by the owner of the land or water or unless so such flight is conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath."
1904
JOURNAL OF THE HOUSE
SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new article to Chapter 11, relating to offenses against public order and safety, to read as follows:
"ARTICLE 6
16-11-210. As used in this article, the term:
(1)(A) 'Unmanned aircraft system' means a powered, aerial vehicle that: (i) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (ii) Uses aerodynamic forces to provide vehicle lift; (iii) Can fly autonomously or be piloted remotely; and (iv) Can be expendable or recoverable.
(B) Such term shall not include a satellite. (2) 'Weapon' means an object, device, or instrument which when used against a person is likely to, or actually does, result in serious bodily injury or death, including, but not limited to, a destructive device as defined in Code Section 16-7-80 or a dangerous weapon as defined in Code Section 16-11-121.
16-11-211. Except for United States military operations or federal governmental contracts involving research using weaponized unmanned aircraft systems, it shall be unlawful to sell, transport, manufacture, possess, or operate an unmanned aircraft system that is equipped with a weapon. Any person that violates this Code section shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one nor more than three years or by a fine not to exceed $100,000.00, or both.
16-11-212. (a) Except as provided in subsection (b) of this Code section, no law enforcement agency shall use an unmanned aircraft system to gather evidence or other information in a private place or of an individual in a private place. (b) This Code section shall not prohibit the use of an unmanned aircraft system:
(1) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of an unmanned aircraft system; (2) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life; (3) To provide continuous aerial coverage when law enforcement is conducting an active search for a fugitive or escapee or is monitoring a hostage situation; or (4) To provide aerial coverage when deployed for the purpose of conducting an active search for a missing person.
MONDAY, FEBRUARY 29, 2016
1905
(c) An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief, as determined by the court, in order to prevent or remedy a violation of this Code section. (d) No data collected on a person, home, or areas other than the target that justified deployment of an unmanned aircraft system may be used, copied, or disclosed for any purpose. Notwithstanding Article 4 of Chapter 18 of Title 50 or any state or local retention policy, such data shall be deleted as soon as possible, and in no event later than five days after collection. Any data retained in violation of this subsection shall be subject to Article 4 of Chapter 18 of Title 50.
(e)(1) The use of an unmanned aircraft system to gather evidence or information for a possible criminal prosecution shall constitute a search. Any law enforcement agency that uses an unmanned aircraft system, or other substantially similar device to gather evidence or obtain information, shall comply in all respects with the Fourth Amendment to the Constitution of the United States and the Constitution of Georgia. (2) Absent exigent circumstances or another authorized exception to the search warrant requirement, evidence obtained or collected in violation of this Code section shall not be admissible as evidence in a criminal prosecution in any court of law in this state.
16-11-213. (a) Unless authorized by the owner or lawful occupier of real property or a facility, or the owner of an easement, it shall be unlawful to launch an unmanned aircraft system from private property; provided, however, that this subsection shall not apply to the delivery or retrieval of packages by commercial operators. (b) It shall be unlawful to fly an unmanned aircraft system in such a manner so as to interfere with or cause a hazard to a train, aircraft, or motor vehicle. (c) It shall be unlawful to use an unmanned aircraft system for the purpose of harassing, threatening, or intimidating another person. (d) Any person convicted of a violation of this Code section shall be guilty of a misdemeanor.
16-11-214. (a) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state which is in conflict with this article shall be null, void, and of no force and effect, and this article shall preempt any such ordinance, resolution, regulation, or policy; provided, however, that a county, municipality, or other political subdivision of this state may provide for or prohibit the takeoff, recovery, or use of an unmanned aircraft system from or on its public property, or enforce Federal Aviation Administration restrictions on the use of airspace. (b) The state, through agency or departmental rules and regulations, may provide for or prohibit the takeoff, recovery, or use of an unmanned aircraft system from or on its public property."
1906
JOURNAL OF THE HOUSE
SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"16-10-24.5. (a) As used in this Code section, the term:
(1) 'Emergency medical professional' shall have the same meaning as set forth in Code Section 16-10-24.2. (2) 'Emergency medical technician' shall have the same meaning as set forth in Code Section 16-10-24.2. (3) 'Firefighter' shall have the same meaning as set forth in Code Section 16-10-24.1. (4) 'Park ranger' shall have the same meaning as set forth in Code Section 16-10-24.4. (5) 'Unmanned aircraft system' shall have the same meaning as set forth in Code Section 16-11-210. (b) A person that knowingly and willfully obstructs or hinders any law enforcement officer, firefighter, or park ranger in the lawful discharge of his or her official duties by the use of an unmanned aircraft system, or that knowingly and willfully obstructs or hinders any emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional in the lawful discharge of the official duties of such emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional, by the use of an unmanned aircraft system, shall be guilty of a misdemeanor."
SECTION 4. Said title is further amended by revising Code Section 16-11-69, relating to penalties for violation of laws relating to wiretapping, eavesdropping, and surveillance, as follows:
"16-11-69. Except as otherwise provided in subsection (d) (e) of Code Section 16-11-66.1 or Article 6 of this chapter, any person violating any of the provisions of 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."
SECTION 5. Code Section 27-3-151 of the Official Code of Georgia Annotated, relating to activity prohibited in the taking of wildlife, is amended by revising subsection (a) as follows:
"(a) It shall be unlawful for any person to: (1) Interfere with the lawful taking of wildlife by another person by intentionally preventing or attempting to prevent such person from such lawful taking of wildlife or using an unmanned aircraft system, as such term is defined in Code Section 16-11210, to interfere with or prevent such person from such lawful taking of wildlife; (2) Disturb or engage in activity tending to disturb wildlife for the purpose of intentionally preventing or attempting to prevent the lawful taking of such wildlife; or (3) Use an unmanned aircraft system, as such term is defined in Code Section 16-11210, to assist in the taking of wildlife; or
MONDAY, FEBRUARY 29, 2016
1907
(3)(4) Fail to obey an order of a law enforcement officer to desist from conduct violating paragraph (1) or (2) paragraphs (1) through (3) of this subsection if the law enforcement officer observes such conduct or if the law enforcement officer has reasonable grounds for believing that the person has engaged in such conduct that day or that the person plans or intends to engage in such conduct that day at a specific location."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
1908
JOURNAL OF THE HOUSE
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.
By unanimous consent, the following Bill and Resolution of the House, having been previously postponed, were again postponed until the next legislative day:
HB 677. By Representatives Stephens of the 164th, Rogers of the 29th, Harbin of the 122nd, Evans of the 42nd and Marin of the 96th:
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.
HR 807. By Representatives Stephens of the 164th, Rogers of the 29th, Harbin of the 122nd, Evans of the 42nd, 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 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.
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 1060. By Representatives Jasperse of the 11th, Meadows of the 5th, Powell of the 32nd, Ballinger of the 23rd, Hightower of the 68th and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to carrying and possession of firearms; to amend Article 3 of Chapter 5 of Title 17 of the O.C.G.A., relating to disposition of property seized; to amend Code Section 35-3-34 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System; to amend Chapter 1 of Title 51 of the O.C.G.A., relating to general provisions
MONDAY, FEBRUARY 29, 2016
1909
regarding torts; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to confirm that the right of the people to keep and bear arms shall not be infringed; to provide for legislative findings; to permit certain new residents to carry a weapon in this state for a limited time without a weapons carry license; to provide for definitions; to clarify the meaning of private property relative to the carrying of a weapon or long gun; to provide an exception for a license holder carrying in a place of worship; to revise provisions relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school; to allow the judge of the probate court to provide for printed information on gun safety; to provide for the maintenance of gun safety information on the website of the Department of Natural Resources; to revise and clarify the determinations to be made and the procedures to be followed by law enforcement agencies and the judge of the probate court in the issuance of a weapons carry license; to provide for replacement weapons carry licenses for persons who have a legal name change or address change; to clarify that certain active and retired law enforcement officers shall be authorized to carry a handgun on or off duty anywhere within this state; to authorize certain retired law enforcement officers to carry a handgun anywhere within this state; to clarify the meaning of commercial service airport relative to the carrying of a weapon or long gun; to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to allow for the preservation of a person's involuntary hospitalization information received by the Georgia Crime Information Center; to provide for exceptions; to provide for a judicial procedure for purging a person's involuntary hospitalization information received by the Georgia Crime Information Center and restoration of abilities to legally carry and possess a firearm; 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 of firearm instructors; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1910
JOURNAL OF THE HOUSE
SECTION 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by adding a new Code section to read as follows:
"16-11-125.2. (a) Pursuant to Article I, Section I, Paragraph VIII of the Constitution of this state, the General Assembly finds that the right of the people to keep and bear arms shall not be infringed. (b) No law shall be enacted or enforced in violation of the finding provided for in subsection (a) of this Code section."
SECTION 2. Said part is further amended by revising subsections (e) and (f) of Code Section 16-11126, relating to having or carrying handguns, long guns, or other weapons, license requirement, exceptions for homes, motor vehicles, private property, and other locations and conditions, as follows:
"(e)(1) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state. (2) Any person who is not a weapons carry license holder in this state and who is licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state for 90 days after he or she becomes a resident of this state; provided, however, that such person shall carry the weapon in compliance with the laws of this state, shall as soon as practicable submit a weapons carry license application as provided for under Code Section 16-11-129, and shall remain licensed in such other state for the duration of time that he or she is a resident of this state but not a weapons carry license holder in this state. (f)(1) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun weapon or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting. (2) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is otherwise engaged in legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by this state may have or carry on his or her person a knife without a valid weapons carry license while engaging in such hunting, fishing, or sport shooting."
MONDAY, FEBRUARY 29, 2016
1911
SECTION 3. Said part is further amended by adding two new paragraphs to subsection (a), by revising subsection (c), and by revising paragraph (2) of subsection (e) of Code Section 16-11127, relating to carrying weapons in unauthorized locations, as follows:
"(3.1) 'Leased government property' means real property that is owned by a government entity but of which an individual or entity which is not a government entity is the lessee, licensee, or renter." "(5) 'Private property' means real property that is not owned or controlled by any government entity; provided, however, that such term shall not mean leased government property." "(c) A license holder or person recognized under subsection (e) of Code Section 16-11126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners the owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their such private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in subsection (e) of this Code section and Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages." "(2) Any license holder who violates subsection (b) of this Code section in a place of worship shall not be arrested but shall be fined not more than $100.00; provided, however, that a license holder shall not be in violation of subsection (b) or (c) of this Code section if such license holder immediately leaves such place of worship while carrying a weapon or long gun upon personal notification by such place of worship that he or she is carrying a weapon or long gun in a place of worship which does not permit the carrying of a weapon or long gun. Any person who is not a license holder who violates subsection (b) of this Code section in a place of worship shall be punished as for a misdemeanor."
SECTION 4. Said part is further amended by revising paragraph (5) 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 Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is
1912
JOURNAL OF THE HOUSE
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; (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 (G) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof; provided, however, that this Code section shall not apply to any extent to persons who are provided for under Code Section 16-11-130;"
SECTION 5. Said part is further amended by adding a new subsection to, by revising paragraph (4) of subsection (d) and paragraph (2) of subsection (e) of, and by adding a new paragraph to subsection (e) of Code Section 16-11-129, relating to weapons carry permit, temporary renewal permit, and terms, to read as follows:
"(a.1)(1) Upon receipt of an application for a weapons carry license or renewal license, the judge of the probate court may provide applicants printed information on gun safety that is produced by any person or organization that, in the discretion of the judge of the probate court, offers practical advice for gun safety. The source of such printed information shall be prominently displayed on such printed information. (2) The Department of Natural Resources shall maintain on its principal, public website information, or a hyperlink to information, which provides resources for information on hunter education and classes and courses in this state that render instruction in gun safety. No person shall be required to take such classes or courses for purposes of this Code section where such information shall be provided solely for the convenience of the citizens of this state. (3) Neither the judge of the probate court nor the Department of Natural Resources shall be liable to any person for personal injuries or damage to property arising from conformance to this Code section." "(4) The law enforcement agency shall report to the judge of the probate court within 30 ten days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code
MONDAY, FEBRUARY 29, 2016
1913
section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. The judge of the probate court shall not suspend the processing of the application or extend, delay, or avoid any time requirements provided for under this paragraph." "(2) If a person is convicted of any crime or involved in any matter otherwise adjudicated in a 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." "(4) Any person, upon petition to the judge of the probate court, who has a weapons carry license or renewal license with more than 90 days remaining before the expiration of such weapons carry license or renewal license and who has had a legal name change, including, but not limited to, on account of marriage or divorce, or an address change shall be issued a replacement weapons carry license for the same time period of the weapons carry license or renewal license being replaced. Upon issuance and receipt of such replacement weapons carry license, the license holder shall surrender the weapons carry license being replaced to the judge of the probate court and such judge shall take custody of and destroy the weapons carry license being replaced. The judge of the probate court shall provide for the updating of any records as necessary to account for the license holder's change of name or address. The judge of the probate court shall charge the fee specified in paragraph (13) of subsection (k) of Code Section 15-9-60 for services provided under this paragraph."
SECTION 6. Said part is further amended in Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, by revising the introductory language of subsection (a), subsections (b) and (c), and by adding a new subsection to read as follows:
"(a) Except to the extent provided for in subsection (c.1) of this Code section, Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any of the
1914
JOURNAL OF THE HOUSE
following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:" "(b) Except to the extent provided for in subsection (c.1) of this Code section, 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 Community Supervision were community supervision officers, when specifically designated and authorized in writing by the commissioner of community supervision. (c) Except to the extent provided for in subsection (c.1) of this Code section, Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any:
(1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer; (2) Member of the Georgia State Patrol, or agent of the Georgia Bureau of Investigation, or retired member of the Georgia State Patrol, or retired agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that who is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that who formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that who was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that who is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that who was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee police officer is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or
MONDAY, FEBRUARY 29, 2016
1915
(5) Person who is a citizen of this state and: (A) Has retired with at least ten years of aggregate service as a law enforcement officer with powers of arrest under the laws of any state of the United States or of the United States; (B) Separated from service in good standing, as determined by criteria established by the Georgia Peace Officer Standards and Training Council, from employment with his or her most recent law enforcement agency; and (C) Possesses on his or her person an identification card for retired law enforcement officers as issued by the Georgia Peace Officer Standards and Training Council; provided, however, that such person meets the standards for the issuance of such card as provided for by the council, including, but not limited to, maintenance of qualification in firearms training.
In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, member of the Georgia State Patrol, retired member of the Georgia State Patrol, agent of the Georgia Bureau of Investigation, retired agent of the Georgia Bureau of Investigation, active or retired law enforcement chief executive, person who is a retired law enforcement officer as provided for in paragraph (5) of this subsection, or other law enforcement officer referred to in this subsection shall be authorized to carry a handgun on or off duty anywhere within the this state, including, but not limited to, in a courthouse except to the extent provided for in subsection (c.1) of this Code section, and the provisions of Code Sections 16-11-126 through 16-11-127.2 shall not apply to the carrying of such firearms.
(c.1)(1) Pursuant to a comprehensive plan for the security of the county courthouse and any courthouse annex as provided for in subsection (a) of Code Section 15-16-10, the sheriff with jurisdiction over such county courthouse or courthouse annex may provide for facilities or the means for the holding of weapons carried by persons enumerated under this Code section; provided, however, that ingress to such courthouse or courthouse annex is actively restricted or screened by the sheriff or his or her deputy sheriffs, and such facilities or means are beyond and inside of the area which is restricted or screened by the sheriff or his or her deputy sheriffs. (2) If the requirements of paragraph (1) of this subsection are met, the persons enumerated under this Code section shall, upon request of the sheriff, place their weapons in such holding with the sheriff pursuant to the comprehensive plan while such persons are within the restricted or screened area. Upon request of any person enumerated under this Code section, in preparation for his or her exit from the restricted or screened area, the sheriff shall immediately return the person's weapons which are in holding. (3) As used in this subsection, the term 'weapon' shall have the same meaning as provided for in Code Section 16-11-125.1; provided, however, that such term shall additionally mean any firearm."
1916
JOURNAL OF THE HOUSE
SECTION 7. Said part is further amended by adding a new subsection to Code Section 16-11-130.2, relating to carrying a weapon or long gun at a commercial service airport, to read as follows:
"(a.1) As used in this Code section, the term: (1) 'Commercial service airport' means an airport that receives scheduled passenger aircraft service from any major airline carrier. (2) 'Major airline carrier' means an airline that has more than $1 billion in annual operating revenue during a fiscal year."
SECTION 8. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, is amended by revising paragraph (2) of subsection (e) as follows:
"(2)(A) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-172, the Georgia Crime Information Center shall be provided such information and no other mental health information from the involuntary hospitalization records of the probate courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by the Probate Judges Training Council and the Georgia Bureau of Investigation to preserve the confidentiality of patients' rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-172, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime, has been involuntarily hospitalized, or both from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the Georgia Bureau of Investigation to preserve the confidentiality of patients' rights in all other respects.
(B)(i) After five years have elapsed from the date that a person's of a person's discharge from involuntary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period, such person may petition the superior court in the county of his or her residence for relief from all legal disabilities preventing the possession or carrying of a firearm acquired as a result of such involuntary hospitalization; provided, however, that if such person is a
MONDAY, FEBRUARY 29, 2016
1917
nonresident, he or she shall petition the superior court in the county in which any proceedings for the involuntary hospitalization occurred. (ii) The petitioner shall serve a copy of the petition for relief as notice upon any facility that received or detained the petitioner, any physician that certified the petitioner's need for involuntary hospitalization, the probate court that issued the involuntary commitment order, and any person that filed an application for a court ordered evaluation of the petitioner as provided for under Article 3 of Chapter 7 of Title 37. The petitioner shall serve a copy of such petition for relief upon the district attorney of the circuit of the petitioner's residence. Proof of service shall be by affidavit filed with such petition for relief reciting that a copy of such petition for relief has been served as required by this division and reciting service by registered or certified mail or statutory overnight delivery. In preparing his or her response to the petition, the district attorney may give notice of the received petition to any other party in the underlying case that resulted in the petitioner's involuntary hospitalization who the district attorney believes, based on evidence obtained by the district attorney, would have an interest in such petition; provided, however, that the district attorney shall serve upon the petitioner, by first class mail, notice of the names and addresses of such persons noticed by the district attorney. If any physician or person upon whom the petitioner is otherwise required to serve notice is deceased or not able to be located, or if such facility upon which the petitioner is otherwise required to serve notice has ceased operations, the petitioner shall instead recite such circumstances in his or her petition for relief and include any last known address or other contact information of such physician, person, or facility or former owner or operator of such facility. (iii) Within 60 days of the receipt of the petition for relief, the court shall hold a hearing on such petition for relief. The district attorney shall represent the interests of the state at such hearing. (iv) The petition for relief shall be accompanied by a waiver executed by the petitioner authorizing any mental hospital or treatment center, and their employees and agents, to respond to inquiries of the district attorney regarding the petitioner's treatment and any recommendations regarding whether the petitioner is a threat to the safety of himself or herself or public safety. Information received by the district attorney pursuant to this subparagraph shall not be used against the petitioner in any other case or context unless such information is useable in such other case or context by other rules of evidence or discovery. (C) At the hearing provided for under subparagraph (B) of this paragraph, the court shall receive and consider evidence in a proceeding concerning: (i) The circumstances which caused the person to be subject to hospitalization or adjudication; (ii) The person's mental health and any criminal history records; (iii) The person's reputation, which shall be established through character witness statements, testimony, or other character evidence; and (iv) Changes in the person's condition or circumstances since such hospitalization.
1918
JOURNAL OF THE HOUSE
(D) Except as provided for under this paragraph, the hearing of the petition for relief shall follow the rules and regulations relating to pleading, practice, and procedure regarding civil petitions made to the superior court. (E) The judge shall issue an order of his or her decision on the petition for relief provided for under subparagraph (B) of this paragraph no later than 30 days after the hearing. (F) The court shall grant the petition for relief if such court finds by a preponderance of the evidence that the person will not likely act in a manner dangerous to himself or herself or public safety and that granting the relief will not be contrary to the public interest. A record shall be kept of the hearing; provided, however, that such record shall remain confidential and be disclosed only to a court, the petitioning party, and the district attorney for the state, or their successors, who appeared in the underlying case in the event of an appeal. Any appeal of the court's ruling on the petition for relief shall be de novo review. (G) If the court grants the person's petition for relief, the clerk of the superior court shall report such order to the Georgia Crime Information Center immediately, but in no case later than ten business days after the date of such order, and the center shall purge such record that is the subject of the order as soon as practicable but not later than 30 days after receipt of such order, and all legal disabilities preventing the petitioner from possessing or carrying a firearm acquired as a result of such involuntary hospitalization shall be extinguished. (H) A person may petition for relief under this paragraph not more than once every two years."
SECTION 9. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section to read as follows:
"51-1-55. (a) As used in this Code section, the term:
(1) 'Dangerous weapon' shall have the same meaning as provided for under Code Section 16-11-121. (2) 'Firearm' means any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge and which is not a dangerous weapon. (b) Any instructor who lawfully instructs, educates, or trains a person in the safe, proper, or technical use of a firearm shall be immune from civil liability for any injuries caused by the failure of such person to use such firearm properly or lawfully."
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.
MONDAY, FEBRUARY 29, 2016
1919
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D 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 N 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 Gilligan Y Glanton Y Golick N Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice 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 Y Spencer N Stephens, M Y Stephens, R N Stephenson E 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
Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C E Williams, E Y Williamson
Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 120, nays 52.
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, FEBRUARY 29, 2016
Mr. Speaker and Members of the House:
1920
JOURNAL OF THE HOUSE
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:
DEBATE CALENDAR
Modified Open Rule
HB 54
HB 542 HB 957 HB 1025
HB 1037
Tuition grants; children of officers killed in line of duty who attend University System institutions and meet certain requirements; provide (Substitute)(HEd-Waites-60th) Higher education savings plan; matching contributions by the state for certain low-income contributors; provide (HEd-Wilkerson-38th) Probate courts; judges and clerks publicly post notice of the availability of the affidavit of indigence; require (Substitute)(Judy-Abrams-89th) Courts; service of accusations of or citations for violations of ordinances under certain circumstances; change provisions (Substitute) (Judy-Taylor-79th) Community Health, Department of; certified nurse aide registry to nurse aides who provide services in private residences; expand (H&HS-Clark-101st)
Modified Structured Rule
HB 229
HB 365 HB 381 HB 605
HB 699 HB 725 HB 895
HB 943
Domestic relations; grandparent rights to visitation and intervention to great-grandparents and siblings of parents; expand (Substitute) (JuvJ-Strickland-111th)(AM 29 2516) Alternative ad valorem tax; motor vehicles; change certain provisions (Substitute)(W&M-Knight-130th) Revised Georgia Law on Notarial Acts of 2015; enact (Substitute) (Judy-Welch-110th)(AM 29 2510)(AM 29 2508) Georgia Judicial Retirement System; member who was serving in a fulltime position on his or her retirement may use prior part-time service for vesting; provide (Substitute)(Ret-Weldon-3rd) Local government; define a certain term; provisions (Substitute) (GAff-Welch-110th)(AM 28 1498) "Child Abuse Records Protection Act"; enact (Substitute) (JuvJ-Cantrell-22nd) Elementary and secondary education; finance directors of charter schools participate in initial and annual training; require (Substitute) (Ed-Mayo-84th) Contracts; additional limitations on indemnification and duty to defeat clauses which are void and enforceable in contracts for engineering or architectural services; provide (Ins-Rogers-29th)(AM 29 2512)
MONDAY, FEBRUARY 29, 2016
1921
HB 1004 HB 1036
HB 1043
HB 1053 HB 1058
Courts; maps, plats, and plans to be filed for record; provide requirements (Substitute)(Judy-Jasperse-11th) Eminent domain; construction of petroleum pipelines and the environmental permitting requirements; change certain provisions (Substitute)(EU&T-Hitchens-161st) Vaccine protocol agreements; influenza; exempt activities conducted by a hospital or health system from certain requirements (Substitute) (H&HS-Kelley-16th) Grady County; board of education; provide that members shall be elected on a nonpartisan basis (IGC-Taylor-173rd) Health; HIV and AIDS; revise various statutes (Substitute) (H&HS-Price-48th)
Structured Rule
HB 285 HB 862 HB 922 HB 924 HB 960 HB 982 HR 1052
Income tax credit; film, video, and digital production in Georgia; change certain qualifications (Substitute)(W&M-Stephens-164th) Ad valorem tax; homestead exemption; clarify definition of disabled veteran (Substitute)(W&M-Knight-130th) Income tax credit; creating quality jobs; add definition of taxpayer (Substitute)(W&M-Williamson-115th) Sales and use tax; certain sales to a qualified job training organization; provide exemption (Substitute)(W&M-Epps-144th) Tax and revenue; confidentiality of certain tax information; provisions (Substitute)(W&M-Kelley-16th) Ad valorem tax; property; change certain definitions (Substitute) (W&M-Stephens-164th) Thomas William Poole Memorial Bridge; Schley County; dedicate (Substitute)(Trans-Cheokas-138th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HB 1004. By Representatives Jasperse of the 11th, Weldon of the 3rd, Powell of the 32nd, Maxwell of the 17th and Ballinger of the 23rd:
1922
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Titles 15 and 44 of the O.C.G.A., relating to courts and property, respectively, so as to provide requirements for maps, plats, and plans to be filed for record; to provide for filing of electronic images of maps, plats, and plans; to provide for delivery of plats to the clerk of superior court; to change certain provisions relating to recordation and notations of plats; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Titles 15 and 44 of the Official Code of Georgia Annotated, relating to courts and property, respectively, so as to provide requirements for maps, plats, and plans to be filed for record; to provide for filing of electronic images of maps, plats, and plans; to provide for electronic processing by clerks of superior court; to provide a criminal penalty; to provide for public computer terminal access to electronic filing portal; to provide for rules and regulations; to change certain provisions relating to the indexing of maps or plots; to provide for recordation of real estate instruments; to provide for incorporation by reference to instruments recorded in the office of the clerk of superior court; to provide for recordation of plats in land registration proceedings; to provide for methods of filing condominium instruments with the clerk of superior court; to provide for delivery of plats to the clerk of superior court; to change certain provisions relating to recordation and notations of plats; 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. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-67, relating to recordation of maps and plats and specifications, as follows:
"15-6-67. (a) The clerk of superior court shall file and record in his or her office maps, or plats, and subdivision plats, and condominium plats, condominium site plans, condominium plot plans, and condominium floor plans presented in accordance with Code Section 44-3-83 relating to real estate in the county when submitted for filing as provided in this Code section and accompanied with any required filing fees or costs. (b) Maps or plats Each map, plat, or plan referred to in subsection (a) of this Code section to be filed and recorded in the office of clerk of superior court shall be prepared in accordance with the minimum standards and specifications adopted in the rules and
MONDAY, FEBRUARY 29, 2016
1923
regulations of the State Board of Registration for Professional Engineers and Land Surveyors in conformance with the following requirements:
(1) Material Caption. Each map or plat page image shall have a caption which shall provide the following information:
(A) Any such maps or plats shall be a good legible copy or commercial print reproduced from an original. The county where the property lies; (B) The clerk shall enter manually or electronically the filing date, plat book number, and page number on the plats and shall cause the same information to be entered electronically on the digital copy presented for filing and shall return an original physical copy of the plat with the filing information on it to the land surveyor or the person filing the same for record. The clerk shall permanently retain the original physical and digital copy of the plat. Both the filing information and plat shall serve as evidence of the original drawing. The physical copy, the digital copy, or both may be displayed to the public in compliance with Code Section 15-668 Any city, town, municipality, or village wherein the property lies; (C) The names of all owners of the property; (D) If such plat is a subdivision plat, condominium plat, condominium site plan, condominium plot plan, or condominium floor plan; (E) The name of any subdivision if for a named subdivision clearly identified as such; (F) The name of any condominium if for a condominium plat, condominium site plan, condominium plot plan, or condominium floor plan; (G) The applicable units, pods, blocks, lots, or other subdesignations of any named subdivision or condominium; (H) The name or names of the developer or developers of any named subdivision or condominium; (I) All applicable land districts and land lots reflected on such map, plat, or plan; (J) The date of preparation or revision date; (K) The name, address, telephone number, and license or registration number of the land surveyor; (L) A certificate of the registered land surveyor that such map, plat, or plan meets the current specifications for filing with the clerk of superior court set forth in any rules and regulations promulgated by the Georgia Superior Court Clerks' Cooperative Authority; (M) A certificate of the registered land surveyor that such map, plat, or plan complies with the minimum standards and specifications adopted in the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors; (N) A certificate of the registered land surveyor pursuant to subsection (c) of this Code section that the filing of such map, plat, or plan has been approved in writing by any and all applicable municipal, county, or municipal-county planning commissions or municipal or county governing authorities or that such approval is
1924
JOURNAL OF THE HOUSE
not required. Each governmental entity granting approval and the dates thereof shall be stated in such certificate; and (O) If the map, plat, or plan has multiple pages, the page number for each applicable page; (2) Filing information box. Each image of a map, plat, or plan shall provide a box of not less than three inches square, if at full size, in the upper left-hand corner which shall be reserved for the clerk to append filing information; and Caption. Maps or plats shall have a title or name which shall be contained in the caption, and the caption shall also provide the following information: (A) The county, city, town, or village, land district and land lot, and subdivision, if the property lies within a particular subdivision; (B) The date of plat preparation and the date of the field survey; (C) The scale, stated and shown graphically; (D) The name, address, telephone number, and registration number of the land surveyor or the statement that he or she is the county surveyor and is not required by law to be a registered surveyor; and (E) All reproductions of original maps or plats shall bear the original signature, in a contrasting color of ink, of the registrant placed across the registration seal in order to be a valid or recordable map or plat. The provisions of this subparagraph shall apply to all maps or plats that are sealed by a land surveyor which depict and describe real property boundaries. Maps and plats which do not meet the requirements of this subparagraph shall not be sealed nor recorded; (3) Size. Maps or plats shall not be less than 8 1/2 inches by 11 inches and not larger than 24 inches by 36 inches, provided that the clerk shall be authorized to file maps or plats in compliance with this subparagraph. When an original map or plat is submitted to the clerk for filing and recordation, the clerk shall be authorized to accept the plat for recordation only upon receiving a minimum of two properly signed reproductions of the original physical plat and a digital copy that has been created at full scale, properly signed and in an electronic format acceptable by the Georgia Superior Court Clerks' Cooperative Authority. The digital copy shall be submitted via media approved by the clerk. (c) If the plat meets the requirements of subsections (b) and (d) of this Code section, it shall be the duty of the clerk of superior court to file and record such plat and digital image of such plat. (3) Format. All images of maps, plats, or plans submitted for filing shall be an electronic image of a single page certified and presented to the clerk electronically in conformance with all specifications set forth in any rules and regulations promulgated by the Georgia Superior Court Clerks' Cooperative Authority. (d)(c)(1) Whenever the municipal planning commission, the county planning commission, the municipal-county planning commission, or, if no such planning commission exists, the appropriate municipal or county governing authority prepares and adopts subdivision regulations, and upon receiving approval thereon by the appropriate governing authority, then no plat of subdivision of land within the
MONDAY, FEBRUARY 29, 2016
1925
municipality or the county shall be filed or recorded in the office of clerk of superior court of a county without the approval thereon of the municipal or county planning commission or governing authority. and without such approval having been entered in writing on the plat by the secretary or other designated person of the municipal or county planning commission or governing authority. The clerk of superior court shall not file or record a plat of subdivision which does not have the approval of the municipal or county planning commission or governing authority as required by this subsection. The registered land surveyor preparing any such plat for filing shall certify thereon that such plat has been approved for filing by all applicable municipal and county governmental bodies specifically stating by name the bodies having made such approval and the dates thereof. (2) Notwithstanding any other provision of this subsection to the contrary, no approval of the municipal or planning commission, county planning commission, municipal-county planning commission, or, if no such planning commission exists, the appropriate municipal or county governing authority shall be required if no new streets or roads are created or no new utility improvements are required or no new sanitary sewer or approval of a septic tank is required. Any plat of survey containing thereon a certification from a licensed registered land surveyor that the provisions relative to this subsection do not require approval of the municipal, county, or municipal-county or county planning commission or municipal or county governing authority shall entitle said plat to record. Any licensed surveyor who fraudulently certifies that a plat of survey does not require the approval specified in this subsection shall be guilty of a misdemeanor to be recorded. (d) Any land surveyor who fraudulently makes any certification required under this Code section shall, upon conviction thereof, be guilty of a misdemeanor. (e) The clerk of superior court shall make available a public computer terminal which provides a filer access to the Georgia Superior Court Clerks' Cooperative Authority's electronic filing portal. (f) The Georgia Superior Court Clerks' Cooperative Authority shall have the power and authority to promulgate such rules and regulations deemed necessary or convenient for implementation of the provisions of this Code section. (g) The clerk of superior court shall be held harmless for the filing of any map, plat, or plan that fails to meet any requirement of this Code section."
SECTION 2. Said title is further amended by revising Code Section 15-6-68, relating to public access to maps and plats, as follows:
"(a) The clerk of each superior court shall provide books, binders, or any other alternative system, either manual or electronic, for providing public access to maps, and plats, and plans. For all electronic images of plats submitted to the clerk on or after July 1, 2012, the clerk shall provide necessary equipment for printing either an entire full-size copy of each recorded plat or copies of sections of each entire recorded plat, printed in full scale.
1926
JOURNAL OF THE HOUSE
(b) The clerk of superior court shall provide an electronic, computer-based indexing system in which shall be indexed all maps, subdivision plats, condominium plats, and other plats, condominium site plans, condominium plot plans, and condominium floor plans or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts. (c) In counties of this state that are divided into land lots, the clerk of superior court shall provide an electronic, computer-based system for maintaining and searching a record for each land lot and land district by listing all surveys made for each lot and where they are recorded. (d) The clerk shall electronically note the date and time of the filing of a plat for record on the face of the plat filing date, book, and page numbers on the image and shall electronically transmit a copy of the map, plat, or plan with such filing information to the email address of the person filing the same for record."
SECTION 3. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising paragraph (4) of subsection (b) of Code Section 44-2-2, relating to duty of clerk to record certain transaction affecting real estate and personal property, priority or recorded instruments, and effect of recording on rights between parties to instruments, as follows:
"(4) When indexing maps or plats relating to real estate in the county, the clerk of superior court shall index the names or titles provided in the caption of the plat, as required by paragraph (2) of subsection (b) of Code Section 15-6-67, as both the grantor and grantee."
SECTION 4. Said title is further amended by revising Code Section 44-2-25, relating to recording techniques and photostatic copies of plats, as follows:
"44-2-25. All decrees, deeds, mortgages, or other instruments affecting the title to land shall be recorded by the clerk of the superior court by the use of printing, typewriting, handwriting in ink, photostating, or photographing, which record shall be clear, legible, and permanent. The record may be made by any one or more of such methods in such a manner so as to provide a permanent record of such instruments. It shall be lawful to make a photostatic copy or copies of any plats, blueprints, or other copies of plats that are already of record in the clerk's office. These copies or photostatic copies thereof shall serve all purposes and shall be as authentic as the originals."
SECTION 5. Said title is further amended by revising Code Section 44-2-26, relating to recording of plat or copy of plat, when and where authorized, and duty of clerk, as follows:
MONDAY, FEBRUARY 29, 2016
1927
"44-2-26. The owner of real property or of any interest therein or any holder of a lien thereon may have file a plat of the property or a blueprint, tracing, digital copy, or other copy of a plat of the property recorded and indexed in the office of the clerk of the superior court of the county in which the property or any part thereof is located. It shall be the duty of the clerk to record and index any plat or any blueprint, tracing, digital copy, or other copy of the plat that conforms with Code Section 15-6-67."
SECTION 6. Said title is further amended by revising Code Section 44-2-27, relating to recording of plat or copy of plat and when deemed recorded, as follows:
"44-2-27. When any plat or any blueprint, tracing, photostatic copy, or other copy of the plat is securely pasted or fastened in the book provided by the clerk for that purpose, such pasting or fastening is filed by the clerk of superior court, such filing shall be deemed a recording of the plat."
SECTION 7. Said title is further amended by revising Code Section 44-2-28, relating to recording of plat or copy of plat and incorporation by reference, as follows:
"44-2-28. When any deed, mortgage, or other instrument conveying an interest in or creating a lien on real property refers to the boundaries, metes, courses, or distances of the real estate delineated or shown on any plat of the property or on any blueprint, tracing, photostatic or digital copy, or other copy of the plat which has been recorded as authorized in Code Section 44-2-26 and when the deed, mortgage, or other instrument states the office, book, and page of recordation of the plat or of the blueprint, tracing, photostatic or digital copy, or other copy of the plat, the reference shall be equivalent to setting forth in the deed, mortgage, or other instrument the boundaries, metes, courses, or distances of the real estate as may be delineated or shown on the plat or on the blueprint, tracing, photostatic or digital copy, or other copy thereof."
SECTION 8. Said title is further amended by revising Code Section 44-2-237, relating to recordation and notation of plat, attaching certified copy to certificate, and fee, as follows:
"44-2-237. Whenever a plat of the premises which is too large or too intricate for easy transcription on the register of decrees of title or on the certificate of title is a part of the description of the lands or is used to aid description, it shall not be necessary for the clerk to copy such plat on the register of decrees of title or on the certificate of title. In lieu of copying such plat, the clerk shall record it in one of the public record books in his office and shall note its existence together with a reference to the book and page where recorded. If the holder of the owner's certificate desires a copy of the plat to be
1928
JOURNAL OF THE HOUSE
attached as a part of his owner's certificate, the clerk shall make a certified copy and attach it upon payment of the fee provided for in paragraph (2) of subsection (f) of Code Section 15-6-77."
SECTION 9. Said title is further amended by revising Code Section 44-3-74, relating to recording condominium instruments, plats, plans, and encumbrances and record books, as follows:
"44-3-74. (a) The declaration and any amendments thereto shall be entitled to recordation if executed in the manner required for recording deeds to real property. All condominium instruments and any amendments and certifications thereto shall set forth the name of the condominium; the name of the county or counties in which the condominium is located; and, except for the declaration itself, the deed book and page number where the first page of the declaration is recorded or the document number assigned to the declaration upon its recordation. All condominium instruments and all amendments and certifications thereto shall be recorded in every county where any portion of the condominium is located. The recordation shall not require the approval of any county or municipal authority or official except as to the manner of execution prescribed by this Code section. (b) In addition to the records and indexes required to be maintained by the The clerk of the superior court, such clerk shall continue to maintain one or more separate plat books, entitled 'Condominium Plat Book,' in which shall be recorded all plats required to be filed pursuant to this article. In addition to such plats, there shall also be entitled to be recorded in such plat books other plats, including site plans and plot plans, prepared by a registered land surveyor and affecting any condominium; but the same shall not constitute the recording of a plat pursuant to Code Section 44-3-83 unless they comply with all requirements thereof. The record of the declaration and of any amendment thereto shall contain a reference to the plat book and page number of the plat or plats recorded in connection therewith any legacy condominium plats books, condominium site plan books, condominium plot plan books, or condominium floor plan books that currently exist either in their current form or in electronic format. (c) The plans required to be recorded pursuant to Code Section 44-3-83 shall be kept by the clerk of the superior court in a separate file for each condominium and shall be indexed in the same manner as a conveyance entitled to record, numbered serially in the order of receipt, each designated 'Condominium Plans,' with the name of the condominium, and each containing a reference to the deed book and page number where the first page of the declaration is recorded or the document number assigned to the declaration upon its recordation. The record of the declaration and of any amendment thereto shall contain a reference to the file number of the plans recorded in connection therewith. (d)(c) All deeds, mortgages, liens, leases, and encumbrances of any kind affecting any condominium unit or duplicate originals thereof or copies thereof certified by the clerk
MONDAY, FEBRUARY 29, 2016
1929
of the superior court in whose office the same are first recorded shall be recorded in all counties in which any part of the submitted property is located."
SECTION 10.
Said title is further amended by revising Code Section 44-13-13, relating to appointment of appraisers upon filing of objections, examination and valuation of property, alterations in plat and schedule, approval and recordation, and appeal, as follows:
"44-13-13. Upon an objection being made as provided for in Code Section 44-13-12, unless the applicant shall so alter the schedule or plat or both as to remove the objections, the judge of the probate court shall appoint three disinterested appraisers to examine the property concerning which the objections are made and to value the same. On the appraisers' return under oath, if either the schedule or the plat shall be found to be too large, such alterations shall be made in the schedule and in the plat as the judge may deem proper to bring them within the limits of the value allowed by this article. Thereafter, the judge shall approve the schedule and the plat as required by Code Section 44-13-11 and shall hand cause the same to be delivered to the clerk of the superior court of his or her county who shall record the schedule and plat as required by Code Section 44-13-11. Either party dissatisfied with the judgment shall have the right to appeal under the same rules, regulations, and restrictions as are provided by law in cases of appeals from the probate court."
SECTION 11. This Act shall become effective on January 1, 2017.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E 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 E Stovall Y Stover Y Strickland
1930
JOURNAL OF THE HOUSE
Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice N 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 170, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 1052. By Representative Cheokas of the 138th:
A RESOLUTION honoring the life of Mr. Thomas William Poole and dedicating a bridge in his memory; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, Mr. Thomas William Poole was born on December 24, 1991, in Ellaville, Georgia, the beloved son of Donnie and Deborah Poole; and
WHEREAS, a lifetime resident of Schley County, Mr. Poole grew up in his family's home on Poole Road which stands as the oldest occupied home in the county; and
MONDAY, FEBRUARY 29, 2016
1931
WHEREAS, he worked as a heating and air technician and was a faithful member of Ellaville Baptist Church; and
WHEREAS, Mr. Poole's life was tragically cut short on June 2, 2013, when he was involved in a fatal vehicle crash; and
WHEREAS, Mr. Poole was known to be a kind and generous man by all who had the fortune of encountering him; and
WHEREAS, throughout his life, he continuously demonstrated a deep concern and compassion for others, going above and beyond to ensure the happiness, safety, and care for both friends and strangers; and
WHEREAS, an avid outdoorsman, Mr. Poole was passionate about hunting and fishing and spent countless hours during his youth at Buck Creek near his family home; and
WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART II WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, Mr. Richard John Chambers, Sr., served as a guardian of this nation's freedom and liberty with the United States Air Force; and
WHEREAS, Mr. Chambers was a career educator in Banks and Jackson counties, where his work uplifted the lives of countless students; and
WHEREAS, he was an avid supporter of community sustainment and county beautification and devoted countless hours of his time, talent, and energy to organizations such as the Banks County Historical Society, Commerce Lions Club, and Habitat for Humanity; and
1932
JOURNAL OF THE HOUSE
WHEREAS, a community leader, Mr. Chambers played a large role in maintaining the historical integrity of Banks County through the compilation and publishing of the History of Banks County; 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 III WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Dr. Delores Felder on September 18, 2014; and
WHEREAS, Dr. Felder was born on April 11, 1949, in Marshallville, Georgia, a beloved daughter of Arthur Felder II and Carrie Lou Murph Felder; and
WHEREAS, a woman of deep and abiding faith, she was an active member of Saint James Christian Methodist Episcopal Church and active in several community organizations; and
WHEREAS, she received her Bachelor of Science and master's degrees from Fort Valley State College and later received her doctoral degree from Nova Southern University in Fort Lauderdale, Florida; and
WHEREAS, Dr. Felder taught in the Macon County School System from 1971 until 1981, where she served as Assistant Administrator with the Macon County Board of Education and as principal of the new Macon County Elementary School and the D.F. Douglass Alternative Center before retiring in 2003; and
WHEREAS, her love for her city and others led her to be elected to the city council, where her long service included the position of Mayor Pro Tem; 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, she 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, a compassionate and generous woman, Dr. Felder will long be remembered for her love of family and friendship, and this loyal sister, aunt, educator, and friend will be missed by all who had the great fortune of knowing her; and
MONDAY, FEBRUARY 29, 2016
1933
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in her memory.
PART IV WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. William Lee Brown on September 18, 2014; and
WHEREAS, Mr. Brown was born on May 27, 1940; and
WHEREAS, Mr. Brown was united in love and marriage to Debra Cross Brown and was blessed with five remarkable children, Howard, Kathryn Elizabeth, Kimberly Michele, Mary Margaret, and Rachel Suzanne, and 11 wonderful grandchildren, William DeWitt, Kaitlin Elizabeth, Sarah Elizabeth, Julia Caroline, William Higdon, Mary Rachel, Joseph Mason, William Peyton, Isabelle Grace, Gabrielle Rose, and Houston Randolph; and
WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and
WHEREAS, a compassionate and generous man, Mr. Brown will long be remembered for his love of family and friendship, and this loyal gentleman and friend will be missed by all who had the great fortune of knowing him; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART V WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Solomon T. "Sol" Dover on February 14, 1999; and
WHEREAS, a native of Bartow County, Mr. Dover acquired his family's farm located on Georgia Highway 113 in 1939, and later gifted portions of his land to the county for additions to the highway; and
WHEREAS, Mr. Dover was united in love and marriage to Ruby Lee Pell Dover, a union which brought them nine children, all of whom were raised on the family farm and five of whom continue to maintain homes on the farm to date; and
1934
JOURNAL OF THE HOUSE
WHEREAS, a man of deep and abiding faith, Mr. Dover served as treasurer and Sunday school superintendent for Raccoon Creek Church and was instrumental in helping the church accomplish numerous building additions; and
WHEREAS, Mr. Dover was a hard-working, passionate leader of his community, where he donated his time to serve as trustee for the Stilesboro School; and
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be recognized by dedicating a bridge in his honor.
PART VI WHEREAS, Mr. Louie Morris was known for his leadership and love of Hart County, Georgia, during the early 1900s; and
WHEREAS, an avid journalist, Mr. Morris was owner and editor of the Hartwell Sun and served as president of the Georgia Press Association and co-chairman of the Georgia Press Institute; and
WHEREAS, his guidance and civic leadership were instrumental to Hart County during his time as a member of the Hartwell City Council; and
WHEREAS, Mr. Morris served on the staff of Georgia Governors Richard Russell, Jr., and Ellis Arnall; and
WHEREAS, he began a radio station in Hartwell, WKLY, and was president of the Hartwell Railway Company; and
WHEREAS, Mr. Morris contributed unceasing efforts toward the construction of what is now known as the Hartwell Dam, a project that was unrealized at the time of his death on May 10, 1955; and
WHEREAS, on October 11, 1940, the Highway Departments of South Carolina and Georgia, in cooperation with the United States Bureau of Public Roads, erected a monument dedicating the bridge over the Savannah River in honor of his unyielding commitment; and
WHEREAS, the stone monument dedicating the Louie Morris Bridge was relocated in 1958 after the river flooded the bridge and caused damage that necessitated the building of a new bridge; and
WHEREAS, an official Georgia dedication sign does not exist at what is known as the Louie Morris Bridge, and it is abundantly fitting and proper that this body recognizes this
MONDAY, FEBRUARY 29, 2016
1935
remarkable and distinguished Georgian by erecting an official Georgia bridge dedication marker.
PART VII WHEREAS, Robert and Ardena Beasley had unimpeachable reputations for integrity, intelligence, fairness, and kindness, and by the example they made of their lives, they made this world a better place in which to live; and
WHEREAS, a couple with deep and abiding faith, the Beasleys were active members of Christian Fellowship Community Church; and
WHEREAS, they were united in love and marriage and blessed with eight remarkable children, Norvie L. Beasley, Sr.; Barbara J. Tinsley; Charles E. Beasley; Robert L. Beasley, Jr.; Beverly D. Rollins; Carl P. Beasley; Roberta Ann Beasley; and Representative Sharon Beasley-Teague; and
WHEREAS, the Beasleys were active community leaders, volunteering their time, talents, and energy to organizations such as SCLC in Atlanta, Christian Ministers Alliance, and the Richard James Teague Memorial Foundation for Sickle Cell Research; and
WHEREAS, they gave inspiration to many through their high ideals, morals, and deep concern for their fellow citizens, and the devotion, patience, and understanding they demonstrated to their family and friends were admired by others; and
WHEREAS, it is abundantly fitting and proper that the members of this body honor the lives of these distinguished Georgians by dedicating a bridge in their memory.
PART VIII WHEREAS, Mr. William Penn "Mr. Bill" Walker, Sr., was widely recognized for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Mr. Walker took up residence near the intersection of State Route 125 and State Route 122 at the meeting point of Lowndes, Berrien, and Lanier counties in 1954; and
WHEREAS, he 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 Atlanta Police Department for nearly 20 years; and
1936
JOURNAL OF THE HOUSE
WHEREAS, Mrs. Ruby Herndon Walker was by Mr. Walker's side, working and supporting him in all his endeavors; and
WHEREAS, unofficially known by local peace officers as "Walker's Crossing," the intersection at their home and well-known lounge was a long-time meeting place for police officers to exchange prisoners to transport them across county lines; and
WHEREAS, Mr. Walker was known by the county sheriff departments of Lowndes, Berrien, and Lanier counties as a person who would assist them with any of their needs; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished couple be recognized appropriately by dedicating an intersection in their memory.
PART IX WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, United States military veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and
WHEREAS, they have served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and
WHEREAS, it is important that veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and
WHEREAS, veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.
PART X WHEREAS, Mr. Joel Jackson Parrish was born in Lowndes County on September 11, 1834, the beloved eldest son of Robert N. and Nancy McCranie Parrish, and passed away in Cook County on October 14, 1922; and
MONDAY, FEBRUARY 29, 2016
1937
WHEREAS, he served as a guardian of this nation's freedom and liberty as 3rd Sergeant in Company "G" of the 29th Georgia Infantry, as 2nd Lieutenant of Company "D," and as First Lieutenant of Company "K"; and
WHEREAS, Mr. Parrish was elected Clerk of the Superior Court of Berrien County, served as County Surveyor for Berrien County, and was Justice of the Peace in the 1145th District; and
WHEREAS, he was responsible for the naming of the town of Adel and also served as the town's first postmaster; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART XI WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, Sergeant First Class Victor A. Anderson demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army and Army National Guard for 22 years and was killed in action while serving in Iraq; and
WHEREAS, Sergeant First Class Anderson's commendations include the Bronze Star, Purple Heart, Combat Infantryman's Badge, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, Army Reserve Component Achievement Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Southwest Asia Service Medal, Iraqi Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Service Medal, Armed Forces Reserve Medal, NCO Professional Development Ribbon, Army Service Ribbon, Army Overseas Service Ribbon, United Nations Medal, NATO MedalFormer Republic of Yugoslavia, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Georgia Special Operations Ribbon, and Georgia State Active Duty Ribbon; and
WHEREAS, he served as a police officer and deputy sheriff in his hometown of Ellaville and as a deputy sheriff in Sumter County; and
1938
JOURNAL OF THE HOUSE
WHEREAS, Sergeant First Class Anderson 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 road in his memory.
PART XII 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, current and former members of the United States military have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and
WHEREAS, the Purple Heart is awarded to members of the armed forces who are wounded by an instrument of war in the hands of the enemy and posthumously to the next of kin in the name of those who are killed in action or die of wounds received in action; and
WHEREAS, these brave men and women serve as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and
WHEREAS, it is important that Purple Heart recipients are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and
WHEREAS, these individuals embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.
PART XIII WHEREAS, Mr. Martin Luther King, Sr., the beloved son of James and Delia Linsey King, was born Michael King in 1899 in a sharecropper's cabin in Stockbridge, Georgia; and
WHEREAS, affectionately known as "Daddy King," Mr. King was the father of Nobel Peace Prize recipient Reverend Dr. Martin Luther King, Jr.; and
MONDAY, FEBRUARY 29, 2016
1939
WHEREAS, Mr. King attended the Stockbridge Rosenwald School and was licensed as a preacher at the age of 15, preaching his first sermon at Floyd Chapel Baptist Church; and
WHEREAS, in 1934, Mr. Martin changed his name and that of his son to Martin Luther and encouraged his son to become active in the Civil Rights Movement; and
WHEREAS, Mr. King was a major influence on his son's decision to enter the ministry and the guidance he provided to Martin Luther King, Jr., as a child and young adult had an everlasting impact on the man he became; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART XIV WHEREAS, it is abundantly fitting that Confederate General James Longstreet be recognized appropriately by dedicating a bridge in his memory.
PART XV WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, Mr. Mack Fitzgerald served as a guardian of this nation's freedom and liberty with the United States Air Force, valiantly and courageously protecting his fellow Americans during World War II; and
WHEREAS, Mr. Fitzgerald received training as a flight engineer and gunner aboard a B24 Liberator; and
WHEREAS, he was a member of "Operation Tidal Wave," with the mission of flying at low altitudes over Ploiesti, Romania, in order to destroy the enemy force's oil refineries; and
WHEREAS, after training for the low-level bombing mission in the Sahara Desert, Mr. Fitzgerald's bomber was one of 178 aircraft in what would become known as "Black Sunday," marking the worst single-day loss in the war; and
WHEREAS, during the mission, Mr. Fitzgerald's aircraft was hit by enemy fire and lost two engines, forcing an emergency landing in an open field; and
WHEREAS, he was a prisoner of war for 13 months along with over 100 other Americans; and
1940
JOURNAL OF THE HOUSE
WHEREAS, he retired from the military after 25 years of dedicated and selfless service and was recognized with numerous medals, including the Purple Heart, Distinguished Flying Cross, Air Medal, and the POW Medal; 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 honor.
PART XVI WHEREAS, Reverend Joe E. Edwards has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and
WHEREAS, Reverend Edwards is a person of vision and action and is known throughout the Church of God denomination as a powerful preacher, sensitive to the Holy Spirit in bringing anointed messages from God; and
WHEREAS, educated at Lee College and the Church of God School of Theology, Reverend Edwards was called by the Lord 24 years ago to lead the congregation of Cartersville Church of God at Liberty Square; and
WHEREAS, under the esteemed leadership of Reverend Edwards, the Cartersville Church of God at Liberty Square has enriched the community with its worship center, educational facilities, Family Life Center, Harvest House, Excel Christian Academy, and the Cartersville Child Care Center; and
WHEREAS, Reverend Edwards has been recognized as a gifted writer, an effective and spiritually anointed speaker whose Gospel messages communicate effectively and with simplicity to persons from all walks of life, and a writer of spiritual publications throughout the United States; and
WHEREAS, he has served as a member of the Church of God Executive Council, chairman of the general study commission, state youth boards, evangelism boards, state overseer of the Church of God in Northern Ohio, and numerous other conferences, councils, and meetings as an active and honored member whose spiritual guidance is sought; and
WHEREAS, Reverend Edwards is united in love and marriage to his wife, Becky, and has been blessed with five children and several grandchildren; and
WHEREAS, the ministry of Reverend Edwards has enriched his denomination in visionary leadership, in discipleship, in outreach, in Bible teaching, in faith-building fellowship, and by encouraging active community service; and
MONDAY, FEBRUARY 29, 2016
1941
WHEREAS, it is abundantly fitting and proper that this enduring example of God's message of peace and love be recognized with an intersection dedicated in his honor.
PART XVII WHEREAS, Mr. Samuel L. Cummings has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Mr. Cummings was born in Midville, Georgia, one of 13 beloved children of the late Lawton and Mary Cummings; and
WHEREAS, educated in the Burke County School System, Mr. Cummings attended Swansboro Junior College and the University of Georgia before he became the first African American certified elected official in Burke County; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a city councilmember and mayor for the City of Midville; and
WHEREAS, Mr. Cummings' leadership and guidance have been instrumental to numerous organizations, including the Optimism Club of Midville, board of directors for Family and Children Services of Burke County, and Midville Development Authority; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in his honor.
PART XVIII WHEREAS, Colonel William Lee Robinson served as a guardian of this nation's freedom and liberty with the United States military, valiantly and courageously serving a tour in Vietnam and continuing his service for 31 years in the Army Reserve; and
WHEREAS, a leader in Bibb County, Colonel Robinson was widely 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 was elected to the Georgia Senate in 1974, adeptly and ably representing the people of Bibb and Monroe counties for eight years; and
WHEREAS, Colonel Robinson attended Mercer Law School while also obtaining his master's degree in business administration; and
1942
JOURNAL OF THE HOUSE
WHEREAS, he was elected as mayor of Macon in 1997 and served as a circuit public defender for Macon-Bibb and surrounding counties after his service as mayor; and
WHEREAS, a civic leader, Colonel Robinson was active with the Middle Georgia Cancer Society, Alzheimer's Association, Cherry Blossom Festival, Macon Jaycees, Rotary Club, and Keep Macon-Bibb Beautiful; and
WHEREAS, a man of deep and abiding faith, Colonel Robinson was a founding member of Ingleside Baptist Church, where he served as deacon, overseer, and Sunday school teacher and was an avid participant and leader of mission trips in many areas of the world; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART XIX WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Steven Charles Brack on October 11, 2004; and
WHEREAS, Mr. Brack served with the Allentown Volunteer Fire Department and was a member of the Allentown City Council; and
WHEREAS, his life was tragically cut short when he was involved in a vehicle crash while responding to a call on Interstate 16; and
WHEREAS, Mr. Brack gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART XX 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
MONDAY, FEBRUARY 29, 2016
1943
WHEREAS, a native of Mitchell County, Georgia, Mr. Harvey J. Morey was one of 12 beloved children of Robert H. Morey and Ruth Alligood Morey; and
WHEREAS, he demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces, valiantly and courageously defending his fellow citizens during World War II; and
WHEREAS, Mr. Morey trained at Fort Gordon and in Scotland and England, was a member of the 2nd battalion, 29th Infantry Division, 116th Infantry Regiment, and experienced combat in France; and
WHEREAS, he was killed in action on Martinville Ridge outside of St. Lo, France, on July 15, 1944; and
WHEREAS, Mr. Morey's bravery and sacrifice were recognized with a Purple Heart, Combat Infantryman Badge, American Campaign Medal, and World War II Victory Medal; and
WHEREAS, Mr. Morey 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 road in his memory.
PART XXI WHEREAS, Mayor Eva Cohn Galambos is remembered by the citizens of this state for the vital role she played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, born in Berlin, Germany, Mayor Galambos graduated summa cum laude with a bachelor's degree in business administration from the University of Georgia, earned a master's degree in labor and industrial relations also from the University of Georgia, and obtained a doctorate in economics from Georgia State University; and
WHEREAS, her first professional job was as an associate editor for the Atlanta Journal of Labor and she went on to work with the Georgia State Merit System and the International Association of Machinists and taught at Clark College and Georgia State University; and
1944
JOURNAL OF THE HOUSE
WHEREAS, she was elected to serve as the first mayor of Sandy Springs after the city's incorporation in 2005, a position she maintained until 2014; and
WHEREAS, prior to Mayor Galambos' service as mayor she served as president for the Committee for Sandy Springs, co-founder and secretary of Sandy Springs Revitalization, founder of Sandy Springs Clean and Beautiful, chairperson of services committee for the Sandy Springs Council of Neighborhoods, chairperson of the Fulton County Housing Authority, and founder of the Sandy Springs Civic Roundtable; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in her memory.
PART XXII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Sergeant First Class Ray F. Lents on December 16, 1993; and
WHEREAS, a native of Murray County, Georgia, Sergeant First Class Lents joined the Georgia State Patrol in 1963 and was assigned to Post 27 in Blue Ridge upon graduating from the 25th trooper school in Atlanta in 1964; and
WHEREAS, he was promoted to corporal in 1968 and sergeant in 1971 and served as commander of Post 27 from 1971 until his retirement in 1993, diligently protecting and serving the citizens of Fannin, Gilmer, Union, and Towns counties; and
WHEREAS, this dedicated law enforcement officer served as a guardian of this nation's freedom and liberty with the United States Armed Forces and was a member of Lebanon Baptist Church and Blue Ridge Masonic Lodge Number 67 F&AM; and
WHEREAS, he was united in love and marriage to Jo Ann Galloway Lents and blessed with three remarkable children, Jeff, Tim, and Mandy; and
WHEREAS, Sergeant First Class Lents exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is abundantly fitting and proper that an intersection be dedicated in his memory.
PART XXIII WHEREAS, Mayor Barbara Stephens is remembered by the citizens of this state for the vital role she played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and
MONDAY, FEBRUARY 29, 2016
1945
WHEREAS, a graduate of Young Harris College, Mayor Stephens dedicated 30 years to inspiring and educating this state's future leaders as a teacher at East Fannin Elementary School; and
WHEREAS, Mayor Stephens was elected the first female mayor of Morganton and diligently and conscientiously served the citizens of Morganton for 13 and one-half years when she was elected to serve as the city's mayor after there was a threat of disbanding the city charter while she was a member of the city council; and
WHEREAS, her leadership and foresight were instrumental in obtaining a grant for $5.6 million to replace the city's water lines, build a new 200,000 gallon water tank, establish a new well, expand the water system, and increase the number of fire hydrants from 11 to 111; and
WHEREAS, during her term as mayor, Fire Station 11 was opened, allowing life-saving services to be provided to the people of Morganton faster and more efficiently; and
WHEREAS, a woman of deep and abiding faith, Mayor Stephens taught Sunday school for many years at Temple Baptist Church; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in her memory.
PART XXIV WHEREAS, Mr. Roy L. Chapman is remembered by the citizens of this state for the vital role he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, a native of McCaysville, Mr. Chapman was the son of a pioneer family of Fannin County, Enoch Washington and Josephine Watson Chapman; and
WHEREAS, he served as ordinary and probate judge for Fannin County for 28 years, and during his career on the bench, he earned a reputation as a clear thinker and hard worker, as a man whose strong convictions were supported by meticulous research and careful consideration, and as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and
WHEREAS, Mr. Chapman was an honest and dedicated public servant who strived for excellence in all his endeavors and whose primary concern was the fair and impartial administration of justice; and
1946
JOURNAL OF THE HOUSE
WHEREAS, a community leader and activist, Mr. Chapman was active in the Republican Party of Fannin County and was a charter member of the McCay Masonic Lodge Number 423 F&AM; and
WHEREAS, he was united in marriage to Mrs. Eva Mae Pierce Chapman and was blessed with three remarkable children, Dr. Roy Lee Chapman, Mrs. Claudette Loudermilk, and Mrs. Gilita Carter; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his memory.
PART XXV WHEREAS, Mr. William Douglas "Billy" Dilworth was known throughout his community and this state for his journalistic integrity, professionalism, and dedication to entertaining and informing his audience; and
WHEREAS, a native of the Red Hill community of Franklin County, Mr. Dilworth made a name for himself in media, working for years in the newspaper, radio, and television industries; and
WHEREAS, he earned a bachelor's degree from the University of Georgia, where he wrote for the Red & Black student newspaper; and
WHEREAS, Mr. Dilworth wrote news and features for the Athens Daily News and worked as a writer for the Anderson Independent in South Carolina and the Atlanta Times; and
WHEREAS, in 1985, he became the host of The Billy Dilworth Show which aired on WNEG-TV for more than 20 years and entertained with a mixture of music and interviews; and
WHEREAS, The Billy Dilworth Show was the longest running live television broadcast in the country; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a road in his memory.
PART XXVI NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on U.S. Highway 19 North over Buck Creek in Schley County is dedicated as the Thomas William Poole Memorial Bridge.
MONDAY, FEBRUARY 29, 2016
1947
BE IT FURTHER RESOLVED AND ENACTED that the bridge on US 441/SR 15 over Interstate 85 in Banks County is dedicated as the Richard Chambers Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 127 over the Flint River Overflow, three miles west of Marshallville in Macon County, is dedicated as the Dr. Delores Felder Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 26 over the Flint River Overflow in Macon County is dedicated as the William Brown Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge over Raccoon Creek on Georgia Highway 133 west of Cartersville in Bartow County is dedicated as the Solomon T. "Sol" Dover Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 29 over the Savannah River in Hart County is dedicated as the Louie Morris Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 92 North over the Chattahoochee River in Fulton County is dedicated as the Robert and Ardena Beasley Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 125/Bemiss Road/Valdosta Ray City Highway and State Route 122 at the meeting point of Lowndes, Berrien, and Lanier counties is dedicated as Walker's Crossing in memory of Mr. William "Mr. Bill" and Ruby Herndon Walker.
BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring United States military veterans and dedicates the portion of State Route 125 from the intersection of CR 354/Alapaha Lenox Road to the intersection at West Marion Avenue and Tifton Road at State Route 122 in Berrien County as the Veterans Memorial Parkway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 37/76 over Bear Creek in Cook County is dedicated as the Joel Jackson Parrish Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Highway 19 from Schley County mile marker 0 to Sumter County mile marker 15.7 and continuing to the northern city limits of Americus at mile marker 14 is dedicated as the SFC Victor A. Anderson Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that State Route 520 from Chattahoochee County through Dougherty County, including Stewart, Webster, Terrell, and Lee counties, is dedicated as the Purple Heart Highway.
1948
JOURNAL OF THE HOUSE
BE IT FURTHER RESOLVED AND ENACTED that the bridge over the Norfolk Southern rail lines/North and South Berry Streets on State Route 42 in Henry County is dedicated as the Martin Luther King, Sr., Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 129 over Lake Lanier is dedicated as the Longstreet Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 257 and the Highway 441 Bypass in Laurens County is dedicated as the TSGT Mack Fitzgerald Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 20/Canton Highway and Roving Road/Smith Cline Road in Bartow County is dedicated as the Reverend Joe E. Edwards Intersection.
BE IT FURTHER RESOLVED AND ENACTED that State Route 305 from its intersection with State Route 56 to the intersection of Old Wadley Road near the border of the city of Midville in Burke County is dedicated as the Samuel L. Cummings Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Riverside Drive over Interstate 75 in Bibb County is dedicated as the Mayor Lee Robinson Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 112 over Interstate 16 in Wilkinson County is dedicated as the Steven Charles Brack Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 93 from State Route 112 in the community of Lester to State Route 300 in Baconton in Mitchell County is dedicated as the Harvey J. Morey Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the interchange at Georgia 400 and U.S. 19 in Sandy Springs is dedicated as the Mayor Eva Cohn Galambos Memorial Interchange.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 515/U.S. 75 and the Orvin Lance Connector is dedicated as the Sergeant First Class Ray F. Lents Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 60 where the road diverges from Old U.S. 76 and proceeds west toward Blue Ridge to the intersection of State Route 60/Old U.S. 76/Morganton Highway and Thomas Street in Fannin County is dedicated as the Barbara Stephens Memorial Highway.
MONDAY, FEBRUARY 29, 2016
1949
BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 5/Blue Ridge Drive and Tennessee Avenue in Fannin County is dedicated as the Roy L. Chapman Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 59 from the intersection with State Route 17 to Highway 164/Bold Springs Road in Franklin County is dedicated as the Billy Dilworth Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 280 over the Oconee River in Montgomery county is dedicated as the Veterans Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 15 from Womack Lane to the Johnson county line is dedicated as the Jimmy B. Lord 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, to the family of Mr. Thomas William Poole; Mr. Richard John Chambers, Sr.; Dr. Delores Felder; Mr. William Lee Brown; Mr. Solomon T. "Sol" Dover; Mr. Louie Morris; Robert and Ardena Beasley; Mr. and Mrs. William Penn Walker, Sr.; Mr. Joel Jackson Parrish; Sergeant First Class Victor A. Anderson; Mr. Martin Luther King, Sr.; Colonel William Lee Robinson; Mr. Steven Charles Brack; Mr. Harvey J. Morey; Mayor Eva Cohn Galambos; Sergeant First Class Ray F. Lents; Mayor Barbara Stephens; Mr. Roy L. Chapman; and Mr. William Douglas "Billy" Dilworth; and Mr. Mack Fitzgerald, Reverend Joe E. Edwards, and Mr. Samuel L. Cummings.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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 E Stovall
1950
JOURNAL OF THE HOUSE
Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas
Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, by substitute, the ayes were 170, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Under the general order of business, the following Bill of the House, having previously been read, was again taken up for consideration:
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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
MONDAY, FEBRUARY 29, 2016
1951
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 provide for a criminal penalty; 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 40 of Title 31 of the Official Code of Georgia Annotated, relating to tattoo studios, is amended by adding a new Code section to read as follows:
"31-40-11. (a) Each tattoo studio shall conspicuously display in a prominent place easily seen by patrons immediately upon entering the tattoo studio a printed warning sign stating the following: 'WARNING: YOU WILL LIKELY BE DISQUALIFIED FROM JOINING THE MILITARY IF YOU HAVE A TATTOO ON YOUR FACE, NECK, FOREARM, HAND, WRIST, OR LOWER LEG.' Such sign shall consist entirely of letters that are at least one inch high. (b) Any tattoo studio that fails to comply with subsection (a) of this Code section shall receive a warning for a first offense, pay a $25.00 fine for a second offense, pay a $75.00 fine for a third offense, and pay a $300.00 fine for a fourth or subsequent offense. Any fines paid pursuant to this subsection shall be paid to the county board of health in the county in which such tattoo studio is located. (c) Pursuant to Code Section 31-40-5, county boards of health shall adopt and promulgate rules and regulations for the enforcement of this Code section."
SECTION 2. This Act shall become effective on June 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 Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague
N Cooke Y Coomer
Cooper Y Corbett Y Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson
Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower
Hitchens Y Holcomb
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak
Y Smith, E Smith, L
Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
1952
JOURNAL OF THE HOUSE
Y Belton Y Bennett, K
Bennett, T Bentley Y Benton Beskin Y Beverly N Blackmon Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cannon N Cantrell N Carson Carter, A Y Carter, D N Casas Chandler Y Cheokas Clark, D N Clark, H Y Clark, V Y Coleman
Y Dickey Y Dickson N Dollar
Douglas Y Drenner N Dudgeon Y Dukes
Dunahoo N Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier
Frye Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
N Holmes Y Houston Y Howard Y Hugley Y Jackson N Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan N Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia N Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Parrish Y Parsons E Peake N Petrea N Pezold N Pirkle Y Powell, A
Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall N Reeves
Rhodes Y Rice
Rogers, C Y Rogers, T N Rutledge N Rynders Y Scott Y Setzler Y Sharper
Shaw Y Sims
Y Stephenson E Stovall N Stover N Strickland Y Tankersley N 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 Y Werkheiser Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C E Williams, E Y Williamson
Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 112, nays 38.
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 409. By Senators VanNess of the 43rd, Shafer of the 48th, Unterman of the 45th, Rhett of the 33rd, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to require every public school to post a sign containing the toll-free telephone number operated
MONDAY, FEBRUARY 29, 2016
1953
by the Division of Family and Children Services of the Department of Human Services to receive reports of child abuse or neglect; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the House, having previously been read, was again taken up for consideration:
HB 1053. By Representative Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide that members of the board of education shall be elected on a nonpartisan basis; to provide for continuation in office of current 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.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison Y Atwood Y Ballinger
Barr Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T Y Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick N Brockway N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cannon Y Cantrell Y Carson
N Cooke Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas Y Drenner Y Dudgeon N Dukes N Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans
Fleming N Floyd
Fludd N Frazier
Y Harden Harrell
Y Hatchett N Hawkins N Henson N Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson N Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan N Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott
N Metze N Mitchell Y Morris Y Mosby Y Nimmer N Nix Y Oliver N Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes
Rice
N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M
Stephens, R N Stephenson E Stovall N Stover Y Strickland Y Tankersley
Tanner N Tarvin Y Taylor, D Y Taylor, T E Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser
1954
JOURNAL OF THE HOUSE
Y Carter, A N Carter, D N Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
N Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick N Gordon N Gravley Y Greene
Y Lumsden N Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall N McClain Y Meadows
N Rogers, C Y Rogers, T Y Rutledge
Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 105, nays 56.
The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
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.
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, computation, and exemptions from state income taxation, so as to provide for an additional entertainment tax credit for certain entities and to change certain qualifications for such a credit; to provide for procedures, conditions, and limitations; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 taxation, is amended by adding a new Code section to read as follows:
"48-7-40.26A.
MONDAY, FEBRUARY 29, 2016
1955
(a) This Code section shall be known and may be cited as the 'Georgia Small Entertainment Industry Investment Act.' (b) As used in this Code section, the term:
(1) 'Affiliates' means those entities that are included in the qualified production company's affiliated group as defined in Section 1504(a) of the Internal Revenue Code and all other entities that are directly or indirectly owned 50 percent or more by members of the affiliated group. (2) 'Base investment' means the aggregate funds actually invested and expended by a qualified production company as production expenditures incurred in this state that are directly used in a state certified production or productions. (3) 'Multimarket commercial distribution' means paid commercial distribution which extends to markets outside the State of Georgia. (4) 'Production company' means a company primarily engaged in qualified production activities which have been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (5) 'Production expenditures' means preproduction, production, and postproduction expenditures incurred in this state that are directly used in a qualified production activity, including without limitation the following: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, expenditures excluding license fees incurred with Georgia companies for sound recordings and musical compositions, lighting, and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; total aggregate payroll; airfare, if purchased through a Georgia travel agency or travel company; insurance costs and bonding, if purchased through a Georgia insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. This term shall not include marketing, story rights, or distribution, but shall not affect other qualified story rights. This term includes payments to a loan-out company by a qualified production company that has met its withholding tax obligations as set out below. The qualified production company shall withhold Georgia income tax at the rate of 6 percent on all payments to loan-out companies for services performed in Georgia. Any amounts so withheld shall be deemed to have been withheld by the loan-out company on wages paid to its employees for services performed in Georgia pursuant to Article 5 of Chapter 7 of this title notwithstanding the exclusion provided in subparagraph (K) of paragraph (10) of Code Section 48-7-100. The amounts so withheld shall be allocated to the loan-out company's employees based on the payments made to the loan-out company's employees for services performed in Georgia. For purposes of this chapter, loan-out
1956
JOURNAL OF THE HOUSE
company nonresident employees performing services in Georgia shall be considered taxable nonresidents and the loan-out company shall be subject to income taxation in the taxable year in which the loan-out company's employees perform services in Georgia, notwithstanding any other provisions in this chapter. Such withholding liability shall be subject to penalties and interest in the same manner as the employee withholding taxes imposed by Article 5 of Chapter 7 of this title and the commissioner shall provide by regulation the manner in which such liability shall be assessed and collected. (6) 'Qualified Georgia promotion' means a qualified promotion of this state approved by the Department of Economic Development consisting of a:
(A) Qualified movie production which includes a five-second long static or animated logo that promotes Georgia in the end credits before the below-the-line crew crawl for the life of the project and which includes a link to Georgia on the project's web page; (B) Qualified TV production which includes an embedded five-second long Georgia promotion during each broadcast worldwide for the life of the project and which includes a link to Georgia on the project's web page; or (C) Qualified music video which includes the Georgia logo at the end of each video and within online promotions. (7) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development, including only the following: feature films, series, pilots, movies for television, televised commercial advertisements, music videos, sound recording projects used in feature films, series, pilots, or movies for television. Such activities shall include projects recorded in this state, in whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, video on demand, direct to DVD, licensing for exhibition by individual television stations, groups of stations, networks, advertiser supported sites, cable television stations, or public broadcasting stations. Such term shall not include the coverage of news and athletic events, local interest programming, instructional videos, corporate videos, or projects not originally created in Georgia. (8) 'Resident' means an individual as designated pursuant to paragraph (10) of Code Section 48-7-1, as amended. (9) 'State certified production' means a production engaged in qualified production activities which have been approved by the Department of Economic Development in accordance with regulations promulgated pursuant to this Code section. In the instance of a 'work for hire' in which one qualified production company hires another qualified production company to produce a project or contribute elements of a project for pay, the hired company shall be considered a service provider for the hiring
MONDAY, FEBRUARY 29, 2016
1957
company, and the hiring company shall be entitled to the tax credit under this Code section. (10) 'Total aggregate payroll' means the total sum expended by a qualified production company on salaries paid to employees working within this state in a state certified production or productions. For purposes of this paragraph:
(A) With respect to a single employee, the portion of any salary which exceeds $80,000.00 for a single production shall not be included when calculating total aggregate payroll; and (B) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest shall be considered as having been paid to the employee and shall be aggregated regardless of the means of payment or distribution. (c) For any qualified production company and its affiliates that invest in a state certified production approved by the Department of Economic Development, there shall be allowed an income tax credit against the tax imposed under this article. The tax credit under this subsection shall be allowed if the base investment in this state equals or is less than $500,000.00 for qualified production activities and shall be calculated as follows: (1) The qualified production company shall be allowed a tax credit equal to 20 percent of the base investment in this state; and (2)(A) The qualified production company shall be allowed an additional tax credit equal to 10 percent of such base investment if the qualified production activity includes a qualified Georgia promotion. In lieu of the inclusion of the Georgia promotional logo, the qualified production company may offer alternative marketing opportunities to be evaluated by the Department of Economic Development to ensure that they offer equal or greater promotional value to the State of Georgia. (B) The Department of Economic Development shall prepare an annual report detailing the marketing opportunities it has approved under the provisions of subparagraph (A) of this paragraph. The report shall include, but not be limited to:
(i) The goals and strategy behind each marketing opportunity approved pursuant to the provisions of subparagraph (A) of this paragraph; (ii) The names of all qualified production companies approved by the Department of Economic Development to provide alternative marketing opportunities; (iii) The estimated value to the state of each approved alternative marketing opportunity compared to the estimated value of the Georgia promotional logo; and (iv) The names of all qualified production companies who chose to include the Georgia promotional logo in their final production instead of offering the state an alternative marketing proposal. The report required under this subparagraph shall be completed no later than January 1 of each year and presented to each member of the House Committee on Ways and Means, the Senate Finance Committee, the Senate Economic Development Committee, the House Committee on Economic Development and Tourism, and the Governor.
1958
JOURNAL OF THE HOUSE
(d)(1) In no event shall the aggregate amount of tax credits allowed under this Code section for qualified production companies and affiliates exceed $6 million for any single taxable year. The maximum credit for any single qualified production company and its affiliates shall be $150,000.00 for any taxable year. When the $6 million cap is reached, the tax credit for qualified production companies shall expire for such taxable years. (2) Qualified production companies seeking 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 commissioner shall be authorized to promulgate any rules and regulations and forms necessary to implement and administer the provisions of this Code section. 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. (3) Before the Department of Economic Development issues its approval to the qualified production company for the qualified production activities, the qualified production company must certify to the department that it maintains a business location physically located in this state. (e)(1) Where the amount of such credit or credits exceeds the qualified production company's liability for such taxes in a taxable year, the excess may be taken as a credit against such qualified production company's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such qualified production company's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the qualified production company. (2) If a qualified production company and its affiliates claim the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, 48-7-40.18, or 48-7-40.26, then the qualified production company and its affiliates will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the qualified production company and its affiliates on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, 48-7-40.18, or 48-7-40.26. (f) Any tax credits with respect to a state certified production earned by a qualified production company and previously claimed but not used by such qualified production company against its income tax may be transferred or sold in whole or in part by such
MONDAY, FEBRUARY 29, 2016
1959
qualified production company to another Georgia taxpayer, subject to the following conditions:
(1) Such qualified production company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (2) Such qualified production company shall submit to the Department of Economic Development and to the Department of Revenue a written notification of any transfer or sale of tax credits within 30 days after the transfer or sale of such tax credits. The notification shall include such qualified production company's tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Department of Economic Development or the Department of Revenue; (3) Failure to comply with this subsection shall result in the disallowance of the tax credit until the qualified production company is in full compliance; (4) The transfer or sale of this tax credit does not extend the time in which such tax credit can be used. The carry-forward period for tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned; (5) A transferee shall have only such rights to claim and use the tax credit that were available to such qualified production company at the time of the transfer, except for the use of the credit in paragraph (1) of subsection (e) of this Code section. To the extent that such qualified production company did not have rights to claim or use the tax credit at the time of the transfer, the Department of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against such qualified production company; and (6) The transferee must acquire the tax credits in this Code section for a minimum of 60 percent of the amount of the tax credits so transferred. (g) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) The credit may be taken beginning with the taxable year in which the qualified production company has met the investment requirement. For each year in which such qualified production company either claims or transfers the credit, the qualified production company shall attach a schedule to the qualified production company's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified production activities, along with the certification from the Department of Economic Development; (B) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the qualified production company against Georgia income tax liabilities or the qualified production company's quarterly or monthly payments under Code Section 48-7-103;
1960
JOURNAL OF THE HOUSE
(E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the qualified production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In the initial year in which the qualified production company claims the credit granted in this Code section, the qualified production company shall include in the description of the qualified production activities required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the activities included in the base investment or excess base investment are equal to or less than $500,000.00 during such year; and (3) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the qualified production company's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the investment occurred. No such credit shall be allowed the qualified production company against prior years' tax liability. (h) The Department of Economic Development shall determine through the promulgation of rules and regulations what projects qualify for the tax credits authorized under this Code section. Certification shall be submitted to the state revenue commissioner. (i) The state revenue commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section. (j) Any qualified production company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include the review of the credit provided in this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and be applicable to tax years beginning on or after January 1, 2016.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representatives Carson of the 46th and Dudgeon of the 25th were excused from voting on HB 285.
The report of the Committee, which was favorable to the passage of the Bill, 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, FEBRUARY 29, 2016
1961
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell
Carson Y Carter, A Y Carter, D 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
Dudgeon Y Dukes
Dunahoo Y Duncan
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 N Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea N Pezold Y Pirkle
Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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 E Stovall Y Stover Y Strickland Y Tankersley
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
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 157, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
House of Representatives Coverdell Office Building, Room 509-A
Atlanta, Georgia 30334
2-29-2016
HB 285 I would have voted yea!
/s/ Sharon Beasley-Teague 65th
1962
JOURNAL OF THE HOUSE
HB 1037. By Representatives Clark of the 101st, Cooper of the 43rd, Taylor of the 173rd, Efstration of the 104th, Broadrick of the 4th 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 expand the certified nurse aide registry to nurse aides who provide services in private residences; to provide for inquiries and complaints; to provide that the registry be easily located on the department's website; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Stephens, R Y Stephenson E 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
MONDAY, FEBRUARY 29, 2016
1963
On the passage of the Bill, the ayes were 170, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 957. By Representatives Abrams of the 89th, Deffenbaugh of the 1st, Bentley of the 139th and Sharper of the 177th:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to cost and compensation regarding the probate courts, so as to require that the judges and clerks of the probate courts publicly post notice of the availability of the affidavit of indigence; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to cost and compensation regarding the probate courts, so as to require that the probate court publicly post a notice of the availability of the affidavit of indigence; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to cost and compensation regarding the probate courts, is amended by revising Code Section 15-9-61, relating to payment of fees prerequisite to filing, as follows:
"15-9-61. (a) The judges of probate courts shall not be required to file any proceedings until the deposit specified in Code Section 15-9-60, relating to court costs of probate courts, has been deposited with the probate judge on account of cost, provided that the deposit shall not be required if the party desiring to file the proceeding is unable because of his or her indigence to pay the deposit and the party files with the probate court an affidavit to that effect. If the proceeding is dismissed or withdrawn or if the total cost incurred in the proceeding is less than the deposit required by Code Section 15-9-60, any of the sum remaining in the hands of the judge of the probate court shall be repaid. The deposit required to be filed by this Code section shall not affect any Code section or Act of the General Assembly which requires a deposit in excess or in addition to the deposit of cost required by this Code section. Nothing contained in this Code section shall be
1964
JOURNAL OF THE HOUSE
deemed to require the deposit of cost by the state, its agencies, or its political subdivisions. (b) The probate court shall have a public notice visibly posted advertising the availability of the affidavit of indigence as provided for under subsection (a) of this Code section:
(1) Wherever fees as provided for under Code Section 15-9-60 are collected; and (2) On any website owned or operated for the official business of court, if such website exists."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas
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 Gilligan Y Glanton
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 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
Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin
Maxwell
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C
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 E 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
MONDAY, FEBRUARY 29, 2016
1965
Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Golick Y Gordon Y Gravley Y Greene
Y Mayo Y McCall Y McClain Y Meadows
Y Setzler Y Sharper Y Shaw Y Sims
E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the House, having previously been read, was again taken up for consideration:
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.
The following Committee substitute was read:
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 repeal Chapter 17, relating to notaries public, and enact the "Revised Georgia Law on Notarial Acts of 2017"; to provide for definitions; to provide for applicability; to provide for the authority to perform a notarial act; to provide for requirements for certain notarial acts; to provide appearances and identification of individuals seeking notarization; to provide for refusal to notarize; to provide for signatures when a person is physically unable to sign a record; to provide for notarial acts performed in this state, in other states, and under authority of federally recognized Indian tribes and federal authority; to provide for foreign notarial acts; to provide for certificate of notarial act; to provide for forms; to provide for the power to commission a notary public; to provide for qualifications, examination, and commission for a notary public; to provide for the contents of an official seal; to provide for a journal; to provide for electronic records; to provide for an examination and course of study; to provide for denial, revocation, and suspension of a notary public's commission; to provide for a data base of notaries public; to provide for prohibited acts; to provide for fees; to provide for
1966
JOURNAL OF THE HOUSE
change of residence, address, or name of a notary public; to provide for validity of notarial acts; to provide for rules or regulations; to provide for application, construction, savings clause, interaction with federal law, and penalties; 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 cross-references; to provide for a short title; 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. This Act shall be known and may be cited as the "Revised Georgia Law on Notarial Acts of 2017."
SECTION 2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by repealing in its entirety Chapter 17, relating to notaries public, and enacting a new Chapter 17 to read as follows:
"CHAPTER 17
45-17-1. As used in this chapter, the term:
(1) 'Acknowledgment' means a declaration by an individual that the individual has signed for the purpose stated in the record and, if signed in a representative capacity, that the individual signed with proper authority and as the act of the individual or entity identified. (2) 'Attesting' or 'attestation' means bearing witness to a signature or execution of a record. (3) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (4) 'Electronic signature' means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign. (5) 'In a representative capacity' means acting as:
(A) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual; (B) A public officer, personal representative, guardian, or other representative in the capacity stated; (C) An agent or attorney-in-fact for a principal; or (D) An authorized representative of another in any other capacity. (6) 'Notarial act' means, pertaining to a record: (A) Attesting a signature; (B) Taking an acknowledgment;
MONDAY, FEBRUARY 29, 2016
1967
(C) Administering an oath or affirmation which is not required by law to be administered by a particular officer; (D) Taking a verification on oath or affirmation; (E) Certifying or attesting a copy as authorized; or (F) Noting a protest of a negotiable instrument. (7) 'Notarial officer' means a notary public or other individual authorized by law to perform a notarial act. (8) 'Person' means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (9) 'Public record' means any document, whether in a tangible or electronic format, on file with a government entity and open to public inspection. (10) 'Record' means information that is inscribed or that is stored and is retrievable in perceivable form. (11) '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 an electronic symbol, sound, or process. (12) 'Signature' means a tangible symbol or an electronic signature that evidences signing. (13) 'Verification on oath or affirmation' means a declaration, made by an individual on oath or affirmation, that a statement in a record is true.
45-17-2. This chapter shall apply to a notarial act performed on or after July 1, 2017.
45-17-3. (a) A notarial officer shall not perform a notarial act when such officer or his or her spouse is a party to the record being notarized or in which either such officer or his or her spouse expressly receives or could receive anything of value. A notarial act performed in violation of this subsection shall be void ab initio. (b) A notarial officer shall have authority to:
(1) Perform a notarial act; (2) Witness affidavits upon oath or affirmation; (3) Make certified copies, provided that the document presented for copying is an original document and is neither a public record nor a publicly recorded document; and (4) Perform such other acts as authorized by other laws of this state.
45-17-4. (a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the
1968
JOURNAL OF THE HOUSE
individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is that of the individual. (b) A notarial officer who takes a verification on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification on oath or affirmation has the identity claimed and that the signature is that of the individual. (c) A notarial officer who attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed. (d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item. (e) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in subsection (b) of Code Section 11-3-505.
45-17-5. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.
45-17-6. (a) A notarial officer shall be deemed to have personal knowledge of the identity of an individual appearing before such officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (b) A notarial officer shall be deemed to have satisfactory evidence of the identity of an individual appearing before such officer if the officer can identify the individual by means of inspecting:
(1) A current passport, driver's license, or other government issued identification card; or (2) Another form of government identification issued to an individual that is current, contains the signature and photograph of the individual, and is satisfactory to the officer. (c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
45-17-7. (a) A notarial officer may refuse to perform a notarial act if the officer knows or suspects the transaction is illegal, false, or deceptive or such officer is not satisfied that:
(1) The individual executing the record is competent; (2) The individual executing the record has the capacity to execute the record; or (3) The individual's signature is knowingly and voluntarily made. (b) A notarial officer may refuse to perform a notarial act.
MONDAY, FEBRUARY 29, 2016
1969
45-17-8. If an individual is physically unable to sign, the individual may direct an individual other than the notarial officer to sign the individual's name so long as all parties appear personally before the notarial officer. The notarial officer shall insert 'Signature affixed by (name of other individual) at the direction of (name of individual)' or words of similar import.
45-17-9. (a) A notarial act may be performed in any county in this state by:
(1) A notary public of this state; or (2) Any other individual authorized by the laws of this state to perform the notarial act. (b) The signature and title of an individual performing a notarial act in this state shall be prima-facie evidence that his or her signature is genuine and that the individual holds the designated title. (c) The signature and title of an individual described in subsection (a) of this Code section shall be prima-facie evidence of the authority of such individual to perform the notarial act.
45-17-10. (a) As used in this Code section, the term 'another state' means a state of the United States other than Georgia, 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. (b) A notarial act performed in another state shall have the same effect under the laws of this state as though performed by a notarial officer of this state if the laws of another state are substantially similar to the laws of this state and the act performed in another state is performed by:
(1) A notary public of another state; or (2) Any other individual authorized by the law of another state to perform a notarial act. (c) The signature and title of an individual performing a notarial act in another state shall be prima-facie evidence that his or her signature is genuine and that the individual holds the designated title. (d) The signature and title of an individual described in subsection (b) of this Code section shall be prima-facie evidence of the authority of such individual to perform the notarial act.
45-17-11. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe shall have the same effect under the laws of this state as though performed by a notarial officer of this state if the laws of the federally recognized
1970
JOURNAL OF THE HOUSE
Indian tribe are substantially similar to the laws of this state and the act performed in the jurisdiction of the tribe is performed by:
(1) A notary public of the tribe; or (2) Any other individual authorized by the law of the tribe to perform a notarial act. (b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe shall be prima-facie evidence that his or her signature is genuine and that the individual holds the designated title. (c) The signature and title of an individual described in subsection (a) of this Code section shall be prima-facie evidence of the authority of such individual to perform the notarial act.
45-17-12. (a) A notarial act performed under federal law shall have the same effect under the laws of this state as though performed by a notarial officer of this state if the act performed under federal law is performed by:
(1) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law; (2) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or (3) Any other individual authorized by federal law to perform a notarial act. (b) The signature and title of an individual performing a notarial act under federal authority shall be prima-facie evidence that his or her signature is genuine and that the individual holds the designated title. (c) The signature and title of an individual described in subsection (a) of this Code section shall be prima-facie evidence of the authority of such individual to perform the notarial act.
45-17-13. (a) As used in this Code section, the term 'foreign state' means a government other than the United States, a federally recognized Indian tribe, this state, or another state as such term is defined in Code Section 45-17-10. Such term shall not mean the government of Iran, Sudan, or Syria. (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of a foreign state or is performed under the authority of a multinational or international governmental organization, such act shall have the same effect under the laws of this state as though performed by a notarial officer of this state. (c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for such information, the authority of an officer with that title to perform notarial acts shall be prima-facie evidence of his or her title and authority to perform notarial acts in a foreign state.
MONDAY, FEBRUARY 29, 2016
1971
(d) The signature and official seal of an individual holding an office described in subsection (c) of this Code section shall be prima-facie evidence that his or her signature is genuine and the individual holds the designated title. (e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention shall conclusively establish that the signature of the notarial officer is genuine and that the officer holds the indicated office. (f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record on which the notarial act is performed shall conclusively establish that his or her signature is genuine and that the officer holds the indicated office.
45-17-14. (a) A notarial act shall be evidenced by a certificate. The certificate shall:
(1) Be executed contemporaneously with the performance of a notarial act; (2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as is on file with the clerk of superior court who issued the notary public's commission; (3) Identify the jurisdiction in which the notarial act is performed; (4) Contain the title of office of the notarial officer; and (5) If the notarial officer is a notary public, indicate the date of expiration of the notary public's commission and identify the notarial act performed. (b) If a notarial act regarding a tangible record is performed by a notary public, the notary public's official seal shall be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in paragraphs (2) through (4) of subsection (a) of this Code section, the notarial officer's official seal may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in paragraphs (2) through (4) of subsection (a) of this Code section, the notarial officer's official seal may be attached to or logically associated with the certificate. (c) A certificate of a notarial act shall be sufficient if it meets the requirements of subsections (a) and (b) of this Code section and: (1) Is in a short form set forth in Code Section 45-17-15; (2) Is in a form otherwise permitted by the laws of this state; (3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or (4) Sets forth the actions of the notarial officer and his or her actions are sufficient to meet the requirements provided in Code Sections 45-17-3 through 45-17-6. (d) By executing a certificate of a notarial act, a notarial officer certifies that he or she has complied with the requirements and made the determinations specified in Code Sections 45-17-3 through 45-17-6.
1972
JOURNAL OF THE HOUSE
(e) A notarial officer shall not affix his or her signature to, or logically associate it with, a certificate until the notarial act has been performed. (f) If a notarial act is performed regarding a tangible record, a certificate shall be made a part of, or securely attached to, such record. If a notarial act is performed regarding an electronic record, a certificate shall be affixed to, or logically associated with, the electronic record and shall conform to any rules or regulations established pursuant to Code Section 45-17-30. (g) The signature of a notarial officer certifying a notarial act shall not be evidence to show that such notarial officer had knowledge of the contents of the record so signed, other than those specific contents which constitute the signature, execution, acknowledgment, oath, affirmation, affidavit, verification, or other act which the signature of that notarial officer chronicles, nor shall a certification by a notarial officer that a record is a certified or true copy of an original document be evidence to show that such notarial officer had knowledge of the contents of the record so certified.
45-17-15. The following short form certificates of notarial acts shall be sufficient for the purposes indicated, if completed with the information required by subsections (a) and (b) of Code Section 45-17-14:
(1) For an acknowledgment in an individual capacity: State of ________________________________________ County of ______________________________________
This record was acknowledged before me on (date) by (name(s) of individual(s)).
___________________________________ Signature of notarial officer
Seal
___________________________________ Title of office
My commission expires: _______________ (2) For an acknowledgment in a representative capacity:
State of _________________________________________ County of _______________________________________
This record was acknowledged before me on (date) by (name(s) of individual(s)) as (title) of (name of party on behalf of whom record was executed) .
___________________________________
MONDAY, FEBRUARY 29, 2016
1973
Signature of notarial officer
Seal
___________________________________ Title of office
My commission expires: _______________ (3) For a verification on oath or affirmation:
State of _________________________________________ County of ______________________________________
Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s) making statement).
___________________________________ Signature of notarial officer
Seal
___________________________________ Title of office
My commission expires: _______________ (4) For witnessing or attesting a signature:
State of ________________________________________ County of ______________________________________
Signed or attested before me on (date) by
(name(s) of individual(s)) .
___________________________________ Signature of notarial officer
Seal
___________________________________ Title of office
My commission expires: _______________ (5) For certifying a copy of a record:
State of ________________________________________ County of ______________________________________ I certify that this is a true and correct copy of a record in the possession of _______________________________________________________.
1974
JOURNAL OF THE HOUSE
Dated ____________________________________________________
___________________________________ Signature of notarial officer
Seal
___________________________________ Title of office
My commission expires: _______________
45-17-16. The clerks of the superior court shall have the power to issue a commission to a notary public.
45-17-17. (a) An applicant for a commission as a notary public shall:
(1) Be at least 18 years old; (2) Be a citizen of the United States; (3) Except as provided in subsection (c) of this Code section, be a legal resident of the county from which such individual is appointed; (4) Have, and provide at the time of the application, the applicant's operating telephone number; (5) Be able to read and write the English language; (6) Have passed the examination required by Code Section 45-17-22; (7) Submit at least one set of classifiable electronically recorded fingerprints to the sheriff of the county where the applicant resides. Such sheriff shall submit such 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, and return such report to the clerk of superior court. The sheriff shall collect the applicable fee charged by the Georgia Crime Information Center; and (8) Not have been convicted of any felony or of any crime involving fraud, dishonesty, or deceit in the courts of this state or another state. As used in this paragraph, the term 'another state' shall have the same meaning as set forth in Code Section 45-17-10; the term 'felony' shall mean any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and the term 'conviction' shall mean a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. (b) An individual qualified under subsection (a) of this Code section may apply to the clerk of superior court for a commission as a notary public. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation,
MONDAY, FEBRUARY 29, 2016
1975
the clerk of superior court shall determine whether the applicant may be commissioned or a renewal shall be issued. The clerk of superior court shall shred such report within five days of completing his or her review of such report. The applicant shall comply with and provide the information required by rules or regulations established pursuant to Code Section 45-17-30 and pay the application fee set forth in Code Section 15-6-77 or 15-6-77.3, as applicable.
(c)(1) Any individual who is a resident of Alabama, Florida, North Carolina, South Carolina, or Tennessee may be commissioned as a notary public by the clerk of the superior court of the county in which the individual carries on such business, profession, or employment so long as he or she meets all of the requirements of this subsection and he or she:
(A) Carries on a business or profession in the State of Georgia; or (B) Is regularly employed in this state. (2) The nonresident applicant described in paragraph (1) of this subsection shall submit the application, endorsements, and declaration of applicant required by subsection (f) of this Code section to the clerk of superior court in the county in which such individual carries on his or her business, profession, or employment. The clerk of superior court shall approve or deny such application based on the provisions of this Code section. Upon approval and payment of the fee set forth in Code Section 15-6-77 or 15-6-77.3, as applicable, the applicant shall be commissioned as a notary public of this state and shall be authorized to perform all of the duties and exercise all of the powers and authorities relating to notaries public who are residents of this state. (d) Any individual desiring to be a notary public shall submit an application to the clerk of superior court of the county in which the individual resides or, when applying under the provisions of subsection (c) of this Code section, to the clerk of superior court of the county in which the individual carries on a business, profession, or employment. Except for applicants applying under the provisions of subsection (c) of this Code section, the applicant shall submit proof to the clerk of superior court that he or she resides in the county in which he or she is applying. Such proof shall consist of one of the following: (1) An unexpired Georgia driver's license; (2) An unexpired United States passport; (3) An unexpired voter identification card; or (4) Such other unexpired identification issued by a local or state government or by the United States government. (e) The applicant shall sign and swear or affirm as outlined in subsection (g) of this Code section to the truthfulness of the application which shall state: (1) That the applicant resides or carries on a business, profession, or employment in the county of application and the address of the residence or business. The applicant shall use his or her residential address for purposes of the application and shall only use a business address for the application if the applicant is applying pursuant to the provisions of subsection (c) of this Code section; (2) That the applicant is at least 18 years old;
1976
JOURNAL OF THE HOUSE
(3) That the applicant is a citizen of the United States;
(4) That the applicant can read and write the English language;
(5) That the applicant has an operating telephone number; and
(6) All denials, revocations, suspensions, restrictions, or resignations of a notary
public commission held by the applicant.
(f) A declaration of an applicant shall be signed in the presence of a notarial officer.
The declaration shall be in the following form:
'I,
(name of applicant)
, do solemnly swear or affirm under penalty of
perjury that the personal information I have written in this application is true,
complete, and correct.
____________________________________ (Signature of applicant)
State of _____________________________ County of ___________________________
On this day of _______________________, before me appeared_________________, the person who signed the preceding declaration in my presence and who swore or affirmed that (he/she) understood the document and freely declared it to be truthful.
____________________________________ (Signature of the notarial officer)
____________________________________'
(Seal of the notarial officer)
(g) Before issuance of a commission as a notary public, an applicant for the
commission shall take and subscribe before the clerk of the superior court the following
oath, which shall be entered on the superior court minutes:
'I,
(name of applicant)
, do solemnly swear or affirm that I will well and
truly perform the duties of a notary public to the best of my ability; and I further
swear or affirm that I am not the holder of any public money belonging to this state
and unaccounted for, so help me God.'
(h) Upon compliance with this Code section, the clerk of superior court shall issue a
commission as a notary public to an applicant for a term of four years.
(i) A commission to act as a notary public shall authorize the notary public to perform
notarial acts. A commission shall not provide the notary public with any immunity or
benefit conferred by the laws of this state on public officials or employees.
45-17-18. (a) A notary public's official seal may be circular but shall not be more than two inches in diameter or may be rectangular but shall not be more than one inch in width by two and one-half inches in length. The official seal of a notary public shall:
MONDAY, FEBRUARY 29, 2016
1977
(1) Have for its impression the notary public's name as commissioned, the words 'Notary Public,' the words 'State of Georgia,' the county name of appointment, the commission expiration date, and the unique number assigned to the notary public and issued by the clerk of superior court or his or her designee; (2) Be photographically reproducible with the record to which it is affixed or attached or with which it is logically associated, and the impression shall be made in a manner that ensures a clear, legible, and sufficiently dark image when photocopied or scanned; (3) Not contain any words, numbers, or symbols other than those referenced in paragraph (1) of this subsection; and (4) Be surrounded by a border except as otherwise permitted by the rules or regulations of the Georgia Superior Court Clerks' Cooperative Authority. (b) A notary public shall be responsible for the security of his or her official seal and shall not allow another individual to use his or her official seal to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the official seal, if any, the notary public shall disable the official seal by destroying, defacing, damaging, erasing, or securing it in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, his or her personal representative or guardian or any other person knowingly in possession of such notary public's official seal shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. (c) If a notary public's official seal is lost or stolen, the notary public or the notary public's personal representative or guardian shall notify the clerk of superior court and the Georgia Superior Court Clerks' Cooperative Authority within ten days of discovering that such official seal is lost or stolen. (d) A notary public's official seal is the property of the notary public only and shall not be retained or used by any other person including an employer of a notary public even if the employer purchased or paid for the notary public's official seal. (e) It shall be unlawful for any person to supply a notary public official seal to any individual unless the individual has presented a copy of the evidence of the commissioning of the individual as a notary public. It shall be unlawful for any individual to order or obtain a notary public official seal unless such individual is commissioned as a notary public.
45-17-19. (a) A notary public shall maintain a journal in which he or she shall chronicle all notarial acts regarding an electronic record which he or she performs, provided that on and after January 1, 2022, he or she shall chronicle all notarial acts which he or she performs. A notary public shall retain his or her journal for ten years after the performance of the last notarial act chronicled in such journal. (b) A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only one journal at a time to chronicle all notarial acts,
1978
JOURNAL OF THE HOUSE
whether those notarial acts are performed regarding tangible or electronic records. If a journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages. If a journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format that complies with the rules or regulations established pursuant to Code Section 45-17-30. (c) A journal entry shall be made contemporaneously with performing the notarial act and contain the following information:
(1) The date and time of the notarial act and a description of the type of notarial act; (2) A description of the tangible or electronic record being notarized; (3) The full name and address of each individual for whom the notarial act is performed; (4) If identity of the individual is based on personal knowledge, a statement to that effect; (5) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, including the date of issuance and expiration of the identification credential; and (6) The fee, if any, charged by the notary public. (d) Upon discovering that a notary public's journal is lost or stolen, the notary public shall promptly notify the clerk of superior court who issued his or her commission and the Georgia Superior Court Clerks' Cooperative Authority. (e) When a notary public's commission is retired, suspended, or revoked, the notary public shall transmit his or her journal to the clerk of superior court who issued his or her commission or a repository approved by such clerk of superior court. The clerk of superior court shall retain such journals for ten years and thereafter may destroy such journals or may digitally copy each journal, in which case the original journals may be destroyed by such clerk of superior court and, in lieu thereof, the digital copy of each journal shall be retained for ten years. (f) When a current or former notary public dies or is adjudicated incompetent, such notary public's personal representative or guardian or any other person knowingly in possession of such notary public's journal shall transmit it to the clerk of superior court who issued his or her commission or a repository approved by the clerk of superior court. The clerk of superior court shall retain such journals for ten years and thereafter may destroy such journals or may digitally copy each journal, in which case the original journals may be destroyed by such clerk of superior court and, in lieu thereof, the digital copy of each journal shall be retained for ten years.
45-17-20. Before a notary public performs his or her initial notarial act for an electronic record, the notary public shall notify the Georgia Superior Court Clerks' Cooperative Authority that the notary public will be performing notarial acts for electronic records and shall identify the technology the notary public intends to use. If the technology conforms to the specific standards adopted by the Georgia Superior Court Clerks' Cooperative Authority, such authority shall approve the use of the technology. A person shall not
MONDAY, FEBRUARY 29, 2016
1979
require a notary public to perform a notarial act for an electronic record with a technology that the notary public has not selected and the Georgia Superior Court Clerks' Cooperative Authority has not approved.
45-17-21. Except for the report generated as provided under paragraph (7) of subsection (a) of Code Section 45-17-17, the information in the application for appointment and commissioning as a notary public and the journal retained by the clerk of superior court pursuant to subsection (e) or (f) of Code Section 45-17-19 shall be a matter of public record.
45-17-22. (a) Not more than 30 days prior to a commission as a notary public or renewal being granted, an applicant shall be required to take and pass an examination based on a course of study described in subsection (b) of this Code section. The Georgia Superior Court Clerks' Cooperative Authority, or an entity approved by the Georgia Superior Court Clerks' Cooperative Authority, shall administer such examination. (b) The Georgia Superior Court Clerks' Cooperative Authority, or an entity approved by the Georgia Superior Court Clerks' Cooperative Authority, shall regularly offer a course of study to individuals desiring to become a notary public in this state. The course of study shall include the laws, rules, regulations, procedures, and ethics relevant to notarial acts.
45-17-23. (a) The clerk of superior court shall review an applicant's criminal background information and a notary public's criminal background information and may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as a notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:
(1) Failure to comply with this chapter; (2) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the clerk of superior court; (3) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit; (4) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit; (5) Failure by the notary public to discharge any duty required of a notary public, whether required by this chapter, rules or regulations established pursuant to Code Section 45-17-30, or any federal or state law; (6) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have;
1980
JOURNAL OF THE HOUSE
(7) Violation by the notary public of rules or regulations established pursuant to Code Section 45-17-30 regarding a notary public; and (8) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state, as such term is defined in Code Section 45-17-10. (b) Any applicant who is denied a notary public commission or renewal by the clerk of superior court shall upon demand be allowed a hearing and adjudication before the clerk of superior court with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury. (c) Any notary public whose notarial commission is revoked by the clerk of superior court shall upon demand be allowed a hearing and adjudication before the clerk of superior court with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury. (d) Whenever a clerk of superior court denies the issuance of a commission as a notary public, or refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, such clerk shall forward the name and identifying information regarding such action to the Georgia Superior Court Clerks' Cooperative Authority.
45-17-24. (a) The Georgia Superior Court Clerks' Cooperative Authority shall maintain an electronic data base of notaries public:
(1) Through which a person may verify the authority of a notary public to perform notarial acts; and (2) Which indicates whether a notary public has notified the clerk of superior court that the notary public will be performing notarial acts on electronic records. (b) The Georgia Superior Court Clerks' Cooperative Authority shall keep a record for each notary public showing the notary public's name, address, signature, age, sex, and term of the commission and whether the notary public has been approved to perform notarial acts on electronic records.
45-17-25. (a) A commission as a notary public shall not authorize an individual to:
(1) Assist persons in drafting legal documents, give legal advice, or otherwise practice law; (2) Act as an immigration consultant or an expert on immigration matters; (3) Represent an individual in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; (4) Receive compensation for performing any of the activities listed in this subsection; or (5) Make certified copies of documents which are either a public record or a publicly recorded document. (b) A notary public shall not engage in false or deceptive advertising.
MONDAY, FEBRUARY 29, 2016
1981
(c) A notary public shall not execute a notarial certificate containing a statement known by the notary public to be false nor perform any action with an intent to deceive or defraud. (d) A notary public, other than an attorney licensed to practice law in this state, shall not use the term 'notario' or 'notario publico.' (e) A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal documents, give legal advice, or otherwise practice law. (f) A notary public shall not withhold access to or possession of an original record provided by a person who seeks performance of a notarial act by the notary public. (g) A notary public required to comply with the provisions of subsection (e) of this Code section shall prominently post at the notary public's place of business a schedule of fees established in Code Section 45-17-27. The fee schedule shall be written in English and in any other language in which the notary public's services were solicited and shall contain the notice required in subsection (e) of this Code section, unless the notice is otherwise prominently posted at the notary public's place of business. (h) The Attorney General or prosecuting attorney may seek injunctive relief against any notary public who violates the provisions of this Code section. Nothing in this Code section shall diminish the authority of the State Bar of Georgia. (i) A violation of subsection (d) or (e) of this Code section shall constitute a deceptive trade practice under Code Section 10-1-427 in addition to any other penalties provided by law. (j) It shall be unlawful for a notary public to issue attachments or garnishments, to approve bonds for the purpose of issuing attachments or garnishments, or to issue a summons in a dispossessory case, but a notary public may attest an affidavit in an attachment, garnishment, or dispossessory action; provided, however, that no writ or summons in such matter shall issue without first having judicial approval as provided by law.
45-17-26. The clerk of superior court shall send a copy of the certificate commissioning or recommissioning a notary public, under his or her seal of office, and remit $2.00 of the fee collected pursuant to Code Section 15-6-77 or 15-6-77.3, as applicable, to the Georgia Superior Court Clerks' Cooperative Authority.
45-17-27. (a) It shall be unlawful for a notary public to charge a fee greater than $4.00 for each notarial act performed. (b) A notary public may opt not to charge fees for notarial acts. (c) Prior to performing a notarial act, a notary public shall inform the person requesting the notarial act of the fees permitted for each act. (d) The authenticity of the official signature and term of commission of a notary public may be evidenced by:
1982
JOURNAL OF THE HOUSE
(1) A certificate of authority from the clerk of superior court who issued the commission of the notary public or from the Georgia Superior Court Clerks' Cooperative Authority; or (2) An apostille in the exact form prescribed by the Hague Convention of October 5, 1961, from the United States Secretary of State, provided that an apostille shall be obtained only from the Georgia Superior Court Clerks' Cooperative Authority on or after the thirtieth day following the designation, by the United States Department of State, of the Georgia Superior Court Clerks' Cooperative Authority as an authority in the United States competent to issue an apostille. (e) The fee for a certificate of authority shall be $4.00. The fee for an apostille shall be $10.00. (f) An apostille as specified by the Hague Convention of October 5, 1961, shall be attached to any document requiring authentication that is bound for a nation that has signed and ratified the Hague Convention.
45-17-28. (a) When a notary public's telephone number, residence address, or business address, whichever address was used for the purpose of commissioning, has changed, within 30 days of such change such notary public shall notify, and verify by signature and official seal, the clerk of superior court who issued the commission to him or her and provide a copy of such notice to the Georgia Superior Court Clerks' Cooperative Authority. The notice shall contain both the old and new addresses or old and new telephone numbers, as applicable.
(b)(1) When a notary public's name has changed, within 30 days of such change such notary public shall notify, and verify by signature and official seal, the clerk of superior court who issued the commission to him or her and provide a copy of such notice to the Georgia Superior Court Clerks' Cooperative Authority. The notice shall contain both the old and new names and new signature. (2) A notary public with a new name may begin to officially sign his or her new name on notarial certificates after:
(A) The notice described in paragraph (1) of this subsection has been received by the clerk of superior court; (B) A confirmation of the notary public's name change has been received from the clerk of superior court; and (C) A new official seal bearing the new name exactly as indicated in the confirmation has been obtained.
45-17-29. Except as otherwise provided in subsection (a) of Code Section 45-17-3, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter shall not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter shall not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other
MONDAY, FEBRUARY 29, 2016
1983
remedies based on a law of this state other than this chapter or law of the United States. This Code section shall not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
45-17-30. (a) The Georgia Superior Court Clerks' Cooperative Authority shall adopt rules or regulations to implement this chapter. The rules or regulations shall establish the standards for the use of and the type of tamper-evident technology that shall be used to perform notarial acts for electronic records. Rules or regulations adopted regarding the performance of notarial acts for electronic records shall not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules or regulations may:
(1) Prescribe the manner of performing notarial acts regarding tangible and electronic records; (2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident; (3) Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures; (4) Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as a notary public; (5) Include provisions to prevent fraud or mistake in the performance of notarial acts; (6) Prescribe the specifications of a notary public's official seal as set forth in Code Section 45-17-18; (7) Prescribe the acceptable format for a notary public's journal as set forth in Code Section 45-17-19 and determine how and when such journals may be inspected and who will perform such examinations; (8) Provide for the administration of the examination and course of study set forth in Code Section 45-17-22; (9) Prescribe fees for online training and testing of notaries public; and (10) Prescribe advertisement criteria as set forth in Code Section 45-17-25. (b) In adopting, amending, or repealing rules or regulations for notarial acts for electronic records, the Georgia Superior Court Clerks' Cooperative Authority shall consider, so far as is consistent with this chapter: (1) The most recent standards regarding electronic records promulgated by national bodies such as the National Association of Secretaries of State; (2) Standards, practices, and customs of other jurisdictions with substantially similar laws as Georgia; and (3) The views of governmental officials and entities and other interested persons.
1984
JOURNAL OF THE HOUSE
45-17-31. A commission as a notary public in effect on July 1, 2017, shall continue until its date of expiration. With the exception of replacing an official seal prior to renewal, a notary public, in performing notarial acts after July 1, 2017, shall comply with this chapter.
45-17-32. (a) This chapter shall not affect the validity or effect of a notarial act performed before July 1, 2017. (b) No document executed prior to July 1, 2017, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the requirement that the document contain a notary public's official seal.
45-17-33. (a) Any individual who violates subsection (e) of Code Section 45-17-18 or subsection (d) of Code Section 45-17-25 shall be guilty of a misdemeanor. (b) Any individual who performs a notarial act without complying with the provisions of this chapter shall upon conviction for the first or second violation be guilty of a misdemeanor and upon conviction for a third or subsequent violation be guilty of a felony, punishable by imprisonment of not less than one nor more than five years, a fine not to exceed $5,000.00, or both."
SECTION 3. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by revising subsection (c) and paragraph (9) of subsection (g) of Code Section 15-6-77, relating to fees, as follows:
"(c) In all counties in this state where the clerk of the superior court is paid or compensated on a salary basis, the fees provided for in this Code section shall be paid into the county treasury less and except such sums as are otherwise directed to be paid pursuant to Code Section 15-6-61 or 45-17-27 and such sums as are collected pursuant to Code Section Sections 36-15-9 and Code Section 15-6-77.4, which sums shall be remitted to such authorities as provided by law. Fees, sums, or other remuneration for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws shall be as provided in such laws or regulations as personal compensation to the clerk of the superior court for the performance of such duties."
"(9) Issuing certificate of appointment and reappointment commissions and recommissions to notaries public, as provided by Code Section 4517-4 45-17-17........................................................................................................ 20.00"
MONDAY, FEBRUARY 29, 2016
1985
SECTION 4. Said article is further amended by revising paragraph (4) of subsection (c) of Code Section 15-6-77.3, relating to additional fees in counties with populations in unincorporated areas of 350,000 or more, as follows:
"(4) Issuing certificate of appointment and reappointment commissions and recommissions to notaries public, as provided by Code Section 4517-4 45-17-17........................................................................................................ 8.00"
SECTION 5. For purposes of promulgating rules and regulations by the Georgia Superior Court Clerks' Cooperative Authority as provided in new Code Section 45-17-30, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2017.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Welch of the 110th et al. offer the following amendment:
Amend the House Committee on Judiciary substitute to HB 381 (LC 29 6955ERS) by replacing lines 80 and 81 with the following:
is a party to the record being notarized. A notarial act performed in violation
Representatives Willard of the 51st and Welch of the 110th offer the following amendment:
Amend the House Committee on Judiciary substitute to HB 381 (LC 29 6955ERS) by replacing lines 458 and 459 with the following:
acts regarding an electronic record which he or she performs. A
By replacing lines 511 and 512 with the following: as a notary public shall be a matter of public record. The journal retained by the clerk of superior court pursuant to subsection (e) or (f) of Code Section 45-17-19 shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50.
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.
1986
JOURNAL OF THE HOUSE
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 N Allison Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J N Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
N Cooke N Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon
Dukes N 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 Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick N Gordon N Gravley Y Greene
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 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 Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell Y Mayo Y McCall N McClain Y Meadows
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice N 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
Smyre N Spencer N Stephens, M Y Stephens, R N Stephenson E Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, E N Trammell N Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E N Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 108, nays 64.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 1043. By Representatives Kelley of the 16th and Cooper of the 43rd:
A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to vaccine protocol agreements, so as to exempt activities conducted by a hospital or health system with respect to influenza vaccinations from certain requirements; to provide for
MONDAY, FEBRUARY 29, 2016
1987
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 43-34-26.1 of the Official Code of Georgia Annotated, relating to vaccine protocol agreements, so as to revise a provision relating to taking the case history of a vaccine recipient; to exempt activities conducted by a hospital or health system with respect to influenza vaccinations from certain requirements; to provide for 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 43-34-26.1 of the Official Code of Georgia Annotated, relating to vaccine protocol agreements, is amended by revising paragraph (3) of subsection (d) and subsection (o) as follows:
"(3) Require the pharmacist or nurse to take a complete an appropriate 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;" "(o)(1) 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. (2) Except as otherwise provided in paragraph (1) of this subsection, any activities conducted by a hospital or health system for the administration of the influenza vaccine shall not be subject to paragraphs (5) through (9), (15), or (16) of subsection (d) of this Code section as long as the following conditions are met:
(A) A signed and dated consent form by which the vaccine recipient consents to the administration of the vaccine is obtained; (B) If the vaccine recipient is a patient within the hospital or health system, the administration of the influenza shall be noted in such patient's health record maintained by the hospital or health system, including, but not limited to, the administering pharmacist's or nurse's name, address, telephone number, and professional license number; the name, dose, manufacturer, and lot number of the vaccine; and the date of administration and injection site; (C) If the vaccine recipient is not a patient within the hospital or health system, a personal immunization card on card stock paper containing the vaccine recipient's
1988
JOURNAL OF THE HOUSE
name, the pharmacist's or nurse's name and phone number, the name and dosage of the vaccine, the injection site on the vaccine recipient, 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, and written information developed by the Department of Public Health on the importance of having and periodically seeing a primary care physician shall be provided to the vaccine recipient; and (D) If requested by the patient, the influenza vaccine shall be administered in an area or location with portable screening, at a minimum. As used in this paragraph, the term 'health system' means (i) a parent corporation of one or more hospitals and any entity affiliated with such parent corporation through ownership, governance, membership, or other means; or (ii) a hospital and any entity affiliated with such hospital through ownership, governance, membership, or other means."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell
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 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 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 Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 E 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
MONDAY, FEBRUARY 29, 2016
1989
Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frazier Y Frye
Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rice 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 E 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 725. By Representatives Cantrell of the 22nd, Spencer of the 180th, Ballinger of the 23rd, Weldon of the 3rd, Evans of the 42nd 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 for greater confidentiality of child abuse records; to provide for and revise definitions; to change provisions relating to persons and agencies permitted access to records of child abuse; to provide for contents of a protective order; to provide for immunity for child advocacy centers in releasing child abuse records under certain circumstances; 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 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide for greater confidentiality of child abuse records; to provide for and revise definitions; to change provisions relating to persons and agencies permitted access to records of child abuse; to provide for contents of a protective order; to provide for immunity for child advocacy centers in releasing child abuse records under certain circumstances; 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:
1990
JOURNAL OF THE HOUSE
SECTION 1. This Act shall be known and may be cited as the "Child Abuse Records Protection Act."
SECTION 2. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, is amended by revising Code Section 49-5-40, relating to definitions for the article and confidentiality of records, as follows:
"49-5-40. (a) As used in this article, the term:
(1) 'Abused' means subjected to child abuse. (2) 'Child' means any person an individual under 18 years of age. (3) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent, guardian, legal custodian, or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent, guardian, legal custodian, or caretaker thereof; (C) Sexual abuse of a child; or (D) Sexual exploitation of a child; or (E) Emotional abuse of a child. However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' child abused. (4) 'Child advocacy center' means an entity which is operated for the purposes of investigating known or suspected child abuse and treating a child or a family that is the subject of a report of child abuse and which: (A) Has been created and supported through one or more intracommunity compacts between such center and:
(i) One or more law enforcement agencies within this state; any other state; the United States including its territories, possessions, and dominions; or a foreign nation; (ii) The office of the district attorney, Attorney General, or United States Attorney; (iii) A legally mandated public or private child protective agency within this state; any other state; the United States including its territories, possessions, and dominions; or a foreign nation; (iv) A mental health board within this state; any other state; the United States including its territories, possessions, and dominions; or a foreign nation; or (v) A community health service board within this state; any other state; the United States including its territories, possessions, and dominions; or a foreign nation; and
MONDAY, FEBRUARY 29, 2016
1991
(B) Has been approved by a protocol committee established under Chapter 15 of Title 19. (5) 'Court' means a judge of any court of record or an administrative law judge of the Office of State Administrative Hearings. (6) 'Emotional abuse' shall have the same meaning as set forth in Code Section 1511-2. (7) 'Legal custodian' shall have the same meaning as set forth in Code Section 15-112. (4)(8) 'Near fatality' means an act that places a child in serious or critical condition as certified by a physician. (9) 'Record' shall include documents, books, maps, drawings, computer based or generated information, data, data fields, digital images, photographs, video images, audio recordings, and video recordings. (5)(10) 'Sexual abuse' means a person's an individual's employing, using, persuading, inducing, enticing, or coercing any minor child who is not that person's individual's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons individuals of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person individual; (E) Flagellation or torture by or upon a person an individual who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person an individual who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's individual's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (6)(11) 'Sexual exploitation' means conduct by any person individual who allows, permits, encourages, or requires that any child to engage in: (A) Trafficking of persons for labor or sexual servitude, in violation of Code Section 16-5-46; (A)(B) Prostitution, as defined in violation of Code Section 16-6-9; or (C) Obscene depiction of a minor, in violation of Code Section 16-11-40.1; (D) Nude or sexually explicit electronic transmission, in violation of Code Section 16-11-90; or
1992
JOURNAL OF THE HOUSE
(B)(E) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in violation of Code Section 16-12-100. (b) Each and every record concerning reports of child abuse and child controlled substance or marijuana abuse which is in the custody of the department, or other state or local agency, or child advocacy center is declared to be confidential, and access thereto is prohibited except as provided in Code Section Sections 49-5-41 and Code Section 49-5-41.1. (c) Each and every record concerning child abuse or neglect which is received by the department from the child abuse and neglect registry of any other state shall not be disclosed or used outside the department for any other purpose other than conducting background checks to be used in foster care and adoptive placements."
SECTION 3. Said article is further amended in Code Section 49-5-41, relating to persons and agencies permitted access to records, by revising subsections (a) and (f) and by adding a new subsection to read as follows:
"(a) Notwithstanding Code Section 49-5-40, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse:
(1) Any federal, state, or local governmental entity, tribal entity, or any agency of any such entity, that has a need for information contained in such reports records in order to carry out its legal responsibilities to protect children from child abuse and neglect; (2) A court, by subpoena, upon its finding that access to such records may be necessary for determination of an issue before such court; provided, however, that the court shall examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then before it and the record is otherwise admissible under the rules of evidence; (3)(2) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business; (4)(3) A prosecuting attorney in this state or any other state or political subdivision thereof, or for the United States, The district attorney of any judicial circuit in this state, a solicitor-general, or any assistant district attorney or assistant solicitor-general who may seek such access in connection with official duty; (5)(4) Any adult who makes a report of suspected child abuse as required by Code Section 19-7-5, but such access shall include only notification regarding the child concerning whom the report was made, shall disclose only whether the investigation by the department or governmental child protective agency of the reported abuse is ongoing or completed and, if completed, whether child abuse was confirmed or unconfirmed, and shall only be disclosed if requested by the person making the report;
(5.1)(A) As used in this paragraph, the term: (i) 'Entity' means a child welfare agency providing protective services as designated by the department, or in the absence of such agency, a law enforcement agency or prosecuting attorney. (ii) 'School' shall have the same meaning as set forth in Code Section 19-7-5.
MONDAY, FEBRUARY 29, 2016
1993
(5)(A) Any entity that receives from a school employee a report of suspected child abuse as required by Code Section 19-7-5. (B) Within 24 hours of a school employee making a report of suspected child abuse pursuant to Code Section 19-7-5, the entity that received receiving such report, such entity shall acknowledge, in writing, the receipt of such report to the reporting individual. Within five days of completing the investigation of the suspected child abuse, such entity shall disclose, in writing, to the school counselor for the school such child was attending at the time of the reported child abuse, advising as to whether the suspected child abuse was confirmed or unconfirmed. If a school does not have a school counselor, such disclosure shall be made to the principal;. (C) As used in this paragraph, the term:
(i) 'Entity' means a child welfare agency providing protective services as designated by the department, or in the absence of such agency, a law enforcement agency or prosecuting attorney. (ii) 'School' shall have the same meaning as set forth in Code Section 19-7-5; (6) Any adult requesting information regarding investigations by the department or a governmental child protective agency regarding the findings or information about the case of child abuse or neglect involving a fatality or near fatality; provided, however, that the following may be redacted from such records: (A) Any record of law enforcement or prosecution agencies in any pending investigation or prosecution of criminal activity contained within the child abuse, neglect, or dependency records; (B) Medical and mental health records made confidential by other provisions of law; (C) Privileged communications of an attorney; (D) The identifying information of a person who reported suspected child abuse; (E) Information that may cause mental or physical harm to the sibling or other child living in the household of the child being investigated; (F) The name of a child who is the subject of reported child abuse or neglect; (G) The name of any parent or other person legally responsible for the child who is the subject of reported child abuse or neglect, provided that such person is not under investigation for the reported child abuse or neglect; and (H) The name of any member of the household of the child who is the subject of reported child abuse or neglect, provided that such person is not under investigation for the reported child abuse or neglect.; (7) The State Personnel Board, by administrative subpoena, upon a finding by an administrative law judge appointed by the chief state administrative law judge pursuant to Article 2 of Chapter 13 of Title 50, that access to such records may be necessary for a determination of an issue involving departmental personnel and that issue involves the conduct of such personnel in child related employment activities, provided that only those parts of the record relevant to the child related employment activities shall be disclosed. The name of any complainant or client shall not be identified or entered into the record;
1994
JOURNAL OF THE HOUSE
(7.1)(8) A child advocacy center which is certified by the protocol committee, as such term is defined in Code Section 19-15-1, for the county where the principal office of the center is located as participating in the Children's Advocacy Centers of Georgia or a similar accreditation organization and which is operated for the purpose of investigation of known or suspected child abuse and treatment of a child or a family which is the subject of a report of abuse, and which has been created and supported through one or more intracommunity compacts between such advocacy center and one or more police agencies, the office of the district attorney, a legally mandated public or private child protective agency, a mental health board, and a community health service board; provided, however, that any child advocacy center which is granted access to records concerning reports of child abuse shall be subject to the confidentiality provisions of subsection (b) of Code Section 49-5-40 and shall be subject to the penalties imposed by Code Section 49-5-44 for authorizing or permitting unauthorized access to or use of such records that has a need for information contained in such records in order to carry out its legal responsibilities to protect children from child abuse or neglect; (8)(9) Police or any other law enforcement agency of this state or any other state or any medical examiner or coroner investigating a report of known or suspected child abuse or any review committee or protocol committee created pursuant to Chapter 15 of Title 19, it being found by the General Assembly that the disclosure of such information is necessary in order for such entities to carry out their legal responsibilities to protect children from child abuse and neglect, which protective actions include bringing criminal actions for such child abuse or neglect, and that such disclosure is therefore permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. Section 5106(A)(b)(4); and (9)(10) The Governor, the Attorney General, the Lieutenant Governor, or the Speaker of the House of Representatives when such officer makes a written request to the commissioner of the department which specifies the name of the child for which whom such access is sought and which describes such officer's need to have access to such records in order to determine whether the laws of this state are being complied with to protect children from child abuse and neglect and whether such laws need to be changed to enhance such protection, for which purposes the General Assembly finds such disclosure is permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. Section 5106(A)(b)(4); and (11) A court, by subpoena that is filed contemporaneously with a motion seeking records and requesting an in camera inspection of such records, may make such records available to a party seeking such records when:
(A) Such motion is filed; (B) Such motion is served:
(i) On all parties to the action;
MONDAY, FEBRUARY 29, 2016
1995
(ii) On the department or other entity that has possession of such records, as applicable; and (iii) In matters other than a dependency proceeding or a civil proceeding wherein there is no related pending criminal investigation or prosecution of criminal or unlawful activity, on the prosecuting attorney, as applicable; and (C) After an in camera inspection of such records, the court finds that access to such records appears reasonably calculated to lead to the discovery of admissible evidence." "(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 a child advocacy center, 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 record, such reports records 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 to the applicable child advocacy center, the department, or other state or local agency that attests that such information is relevant to a pending or proposed civil action relating to damages sustained by such child; and provided, further, that such reports record concerning a report of child abuse shall still be subject to confidentiality pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72. Such record concerning a report of child abuse shall not be subject to release under paragraph (11) of subsection (a) of this Code section or subsection (g) of this Code section. (g)(1) A subpoena authorized under paragraph (11) of subsection (a) of this Code section shall be served on the prosecuting attorney who has jurisdiction over a pending investigation or prosecution of criminal or unlawful activity, if such information is known to the individual seeking such access or disclosure. (2) A prosecuting attorney may intervene in an action involving a motion filed under paragraph (11) of subsection (a) of this Code section. (3)(A) When a court issues an order pursuant to paragraph (11) of subsection (a) of this Code section, the court shall issue a protective order to ensure the confidentiality of such records. Such protective order may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense and may include one or more of the following: (i) That the records not be reproduced except as authorized by court order; (ii) That the records be viewed or disclosed only on specified terms and conditions; (iii) That the records be sealed and only opened by court order; (iv) That the order be applicable to all parties, their counsel, and any agent or representative of a party; or (v) That records released pursuant to such order be returned to the court upon completion of the matter that caused the production of such records.
1996
JOURNAL OF THE HOUSE
(B) Any person who fails to obey a protective order issued under this subsection shall be punished as contempt by the court."
SECTION 4.
Said article is further amended by revising Code Section 49-5-46, relating to the liability of the department or agency, as follows:
"49-5-46. The department, an or any agency, a child advocacy center, and employees of either thereof providing access to or disclosure of records or information as authorized by Code Section 49-5-41 shall have no civil liability or criminal liability responsibility therefor."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D
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 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 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 Lott Y Lumsden Y Mabra
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J
Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Stovall Y Stover Y Strickland
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
MONDAY, FEBRUARY 29, 2016
1997
Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Marin Y Martin Y Maxwell Y Mayo Y McCall
McClain Y Meadows
Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 895. By Representatives Mayo of the 84th, Dudgeon of the 25th, Evans of the 42nd and Casas of the 107th:
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 finance directors of charter schools to participate in initial and annual training in financially operating a charter school; 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 provide for the establishment of a charter schools financial management certification; to provide that certain personnel of a charter school or state charter schools shall not serve simultaneously as the chief financial officer for the school; to include certain requirements for training for charter school and state charter school governing board members; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-2072, relating to training for board members, as follows:
"20-2-2072. The members of the governing board of the nonprofit organization of each charter school shall participate in initial training for boards of newly approved charter schools
1998
JOURNAL OF THE HOUSE
and annual training thereafter, conducted or approved by the state board. The state board shall provide for or approve such initial and annual training. For charter schools that are college and career academies, as defined in subsection (b) of Code Section 204-37, the state board shall provide or approve such training in conjunction with the Technical College System of Georgia. The training shall include, but not be limited to, best practices on school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and rules and regulations. The training shall also include two to three hours annually regarding sound fiscal management and monitoring the implementation of the budget in accordance with state laws and regulations which includes the following elements:
(1) Board developed policies to ensure sound fiscal management, including but not limited to: balanced budget requirements, spending level authorizations and permissions, deficit spending restrictions, establishment of special funds, and reserve maintenance requirements; (2) Holding the principal, or its equivalent, accountable for the implementation of the budget in a manner consistent with the school's strategic plan; (3) Establishing through policy, the level of spending beyond the budget for which the school leader must seek board approval; (4) Monitoring the school's audits, monthly financial reports, and additional financial reports needed to make informed decisions and to ensure execution of the budget in a manner consistent with the strategic plan and strategic goals of the school; (5) Reviewing and addressing annually audited financial records and audit findings, with a goal of proactively preventing audit exceptions; (6) Addressing fiscal matters in a manner consistent with state law, sound business practice, and ethical principles regarding conflicts of interest; and (7) Operating in a manner such that the board's financial decisions and actions do not provide unfair financial or other opportunistic advantages to any member of the governance board, their family members, associates, or individual constituents."
SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"20-2-2073. The State Board of Education shall establish a charter schools financial management certification program for charter school leaders and personnel who are responsible for the school's budget, accounting, payroll processing, purchasing, and ensuring the school's financial policies are in line with state and federal laws and best practices.
20-2-2074. The principal, or its equivalent, for a charter school shall not serve simultaneously as the chief financial officer, or its equivalent, for the charter school."
MONDAY, FEBRUARY 29, 2016
1999
SECTION 3. Said chapter is further amended by striking the "and" at the end of paragraph (11) and by revising paragraph (12) of subsection (b) and adding a new paragraph to subsection (b) of Code Section 20-2-2083, relating to the powers and the duties of the State Charter Schools Commission, as follows:
"(12) Provide for or approve initial training for boards of newly approved state charter schools and annual training thereafter, as determined by the commission, for members of state charter school governing boards. For charter schools that are college and career academies, as defined in subsection (b) of Code Section 20-4-37, the commission shall provide or approve such training in conjunction with the Technical College System of Georgia. The training shall include, but not be limited to, best practices on school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and rules and regulations. The training shall also include two to three hours annually regarding sound fiscal management and monitoring the implementation of the budget in accordance with state laws and regulations which includes the following elements:
(A) Board developed policies to ensure sound fiscal management, including but not limited to: balanced budget requirements, spending level authorizations and permissions, deficit spending restrictions, establishment of special funds, and reserve maintenance requirements; (B) Holding the principal, or its equivalent, accountable for the implementation of the budget in a manner consistent with the school's strategic plan; (C) Establishing through policy, the level of spending beyond the budget for which the school leader must seek board approval; (D) Monitoring the school's audits, monthly financial reports, and additional financial reports needed to make informed decisions and to ensure execution of the budget in a manner consistent with the strategic plan and strategic goals of the school; (E) Reviewing and addressing annually audited financial records and audit findings, with a goal of proactively preventing audit exceptions; (F) Addressing fiscal matters in a manner consistent with state law, sound business practice, and ethical principles regarding conflicts of interest; and (G) Operating in a manner such that the board's financial decisions and actions do not provide unfair financial or other opportunistic advantages to any member of the governance board, their family members, associates, or individual constituents; and (13) Establish a charter schools financial management certification program for state charter school leaders and personnel who are responsible for the school's budget, accounting, payroll processing, purchasing, and ensuring the school's financial policies are in line with state and federal laws and best practices."
SECTION 4. Said chapter is further amended by adding a new subsection to Code Section 20-2-2084, relating to state charter school requirements, to read as follows:
2000
JOURNAL OF THE HOUSE
"(f.1) The principal, or its equivalent, for a state charter school shall not serve simultaneously as the chief financial officer, or its equivalent, for the state charter school."
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 N Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves N Rhodes Y Rice 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 E 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
Turner Y Waites Y Watson
Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 162, nays 8.
MONDAY, FEBRUARY 29, 2016
2001
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 Senate:
SB 206. By Senator Ligon, Jr. of the 3rd:
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 revise provisions relating to water liens; to provide for procedures for water liens, amended water liens, and cancellation of water liens and the forms therefor; to provide for bonds; to provide for contest of liens; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 336. By Senators Black of the 8th, Hufstetler of the 52nd, Jones of the 10th and Lucas of the 26th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 47 of the O.C.G.A., related to retirement plans of the Georgia Municipal Employees Benefit System, so as to permit governing bodies of municipal corporations to enact plans or join a master plan by resolution in addition to ordinance; to designate a board of trustees for a master plan; to repeal conflicting laws; and for other purposes.
SB 357. By Senators Williams of the 27th, Ligon, Jr. of the 3rd, McKoon of the 29th and Crane of the 28th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to standards for local board of education members; to provide that establishing a code of ethics is in the discretion of the local board of education; to eliminate required training for local board of education members; to provide for related matters; to repeal conflicting laws; and for other purposes.
2002
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 862. By Representatives Knight of the 130th, Powell of the 171st, Harrell of the 106th, Hitchens of the 161st and Houston of the 170th:
A BILL to be entitled an Act to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to the homestead exemption for disabled veterans, so as to clarify the definition of disabled veteran; 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 48-5-48 of the Official Code of Georgia Annotated, relating to the homestead exemption for disabled veterans, so as to clarify the definition of disabled veteran; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to the homestead exemption for disabled veterans, is amended by revising paragraph (1) of subsection (a) as follows:
"(a) As used in this Code section, the term 'disabled veteran' means: (1) 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 or 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;"
MONDAY, FEBRUARY 29, 2016
2003
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 Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 172, nays 0.
2004
JOURNAL OF THE HOUSE
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 922. By Representatives Williamson of the 115th, Knight of the 130th, Kelley of the 16th, Harrell of the 106th, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to a tax credit for creating quality jobs, so as to add a definition of taxpayer; 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 48-7-40.17 of the Official Code of Georgia Annotated, relating to a tax credit for creating quality jobs, so as to add a definition of taxpayer; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to a tax credit for creating quality jobs, is amended by adding a new paragraph to subsection (a) as follows:
"(3) 'Taxpayer' means any person required by law to file a return or to pay taxes, except that any taxpayer may elect to consider the jobs within its disregarded entities, as defined in the Internal Revenue Code, for purposes of calculating the number of new quality jobs created by the taxpayer under this Code section."
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, 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.
MONDAY, FEBRUARY 29, 2016
2005
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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 Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E
Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 171, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 924. By Representatives Epps of the 144th, Stephens of the 164th, Peake of the 141st, Dickey of the 140th, Randall of the 142nd and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for a limited period of time an exemption from state sales and
2006
JOURNAL OF THE HOUSE
use tax only with respect to certain sales to a qualified job training organization; to provide for procedures, conditions, and limitations; to provide an effective date and sunset date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for a limited period of time an exemption from state sales and use tax only with respect to certain sales to a qualified job training organization; to provide for procedures, conditions, and limitations; to provide an effective date and sunset 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 deleting "or" at the end of paragraph (95), by deleting the period and adding "; or" at the end of paragraph (96), and by adding a new paragraph to read as follows:
"(97)(A) Sales of tangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner. (B) For the purposes of this paragraph, the term 'qualified job training organization' means an organization which:
(i) Is located in this state; (ii) Is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace disadvantages and disabilities, including, but not limited to, reentry citizens who shall be persons released from incarceration, persons with disabilities, and veterans; and (v) Uses a majority of its revenues for job training and placement programs. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' means any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of
MONDAY, FEBRUARY 29, 2016
2007
1965'; or by or pursuant to Article 2, Article 2A, Part 1 or Part 2 of Article 3, Article 4, or Article 5 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) Any qualified job training organization which is granted an exemption under this paragraph shall provide an annual report to the department which contains, but is not limited to, the following: (i) The number of individuals trained in the program; (ii) The number of individuals employed by the organization after receiving such training; and (iii) The number of individuals employed in full-time positions outside the organization after such training. Such data shall be compiled by the department and presented to the House Committee on Ways and Means for consideration prior to any renewal or extension of the exemption provided by this paragraph. (E) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph."
SECTION 2. This Act shall become effective on July 1, 2017, and sunset on July 1, 2020.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
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 N Dudgeon Y Dukes N Dunahoo Y Duncan
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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish
Parsons E Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson E Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T
2008
JOURNAL OF THE HOUSE
Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y 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 E 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.
The Speaker announced the House in recess until 7:00 o'clock, this evening.
The Speaker called the House to order.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 388. By Senators Heath of the 31st, Shafer of the 48th, Cowsert of the 46th, Ligon, Jr. of the 3rd, Mullis of the 53rd and others:
A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or faith based organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
MONDAY, FEBRUARY 29, 2016
2009
SR 756. By Senators Hill of the 32nd, Hill of the 6th, Ligon, Jr. of the 3rd, Williams of the 27th, Gooch of the 51st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for prioritized funding requirements regarding certain appropriations Acts; to provide for procedures, conditions, and limitations; 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.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 385. By Senator Hill of the 32nd:
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 relative to physicians, assistants, and others, so as to provide for certain requirements for advertisement or publication of representations of board certification by physicians; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 420. By Senators Tippins of the 37th, Hill of the 32nd, Unterman of the 45th, Jones of the 25th and Thompson of the 14th:
A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require referendum approval prior to the expenditure of public funds for the establishment of a fixed guideway transit; to provide for definitions; to provide for submission of the question to qualified voters; to provide for ballot language; 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:
SR 675. By Senators McKoon of the 29th, Gooch of the 51st, Crane of the 28th, Ginn of the 47th, Harbin of the 16th and others:
2010
JOURNAL OF THE HOUSE
A RESOLUTION Proposing an amendment to the Constitution so as to declare English as the official language of the State of Georgia; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1565. By Representatives Dukes of the 154th, Thomas of the 56th, Alexander of the 66th, Dickerson of the 113th, Carter of the 92nd and others:
A RESOLUTION commending the National Association of Women Owned Small Businesses, Inc., for their positive achievements in Georgia and the nation; and for other purposes.
HR 1566. By Representatives Thomas of the 39th, Smith of the 41st, Bentley of the 139th, Deffenbaugh of the 1st, Jones of the 53rd and others:
A RESOLUTION recognizing Tanzania on Africa Day at the state capitol; and for other purposes.
HR 1567. By Representatives Thomas of the 39th, Bentley of the 139th, Deffenbaugh of the 1st, Smith of the 41st, Jones of the 53rd and others:
A RESOLUTION recognizing Uganda on Africa Day at the state capitol; and for other purposes.
HR 1568. By Representative Raffensperger of the 50th:
A RESOLUTION commending Steven Douglas Wyckoff for his efforts and hard work in Eagle Scout Troop 27; and for other purposes.
HR 1569. By Representatives Thomas of the 39th, Thomas of the 56th, Smith of the 41st, Bentley of the 139th, Deffenbaugh of the 1st and others:
A RESOLUTION recognizing Liberia on Africa Day at the state capitol; and for other purposes.
HR 1570. 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 Mr. Bobby L. Wiley; and for other purposes.
MONDAY, FEBRUARY 29, 2016
2011
HR 1571. By Representatives Dawkins-Haigler of the 91st, Stephenson of the 90th, Mosby of the 83rd, Beasley-Teague of the 65th and Bennett of the 94th:
A RESOLUTION recognizing and commending Simply United Together Global; and for other purposes.
HR 1572. By Representatives LaRiccia of the 169th, Carson of the 46th, Shaw of the 176th, Corbett of the 174th, Watson of the 172nd and others:
A RESOLUTION recognizing Dr. Virginia M. Carson, President of South Georgia State College; 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 960. By Representatives Kelley of the 16th, Sims of the 123rd, Dempsey of the 13th, Harrell of the 106th, Houston of the 170th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 48 of the O.C.G.A., relating to state administration and collection of revenue, so as to provide for confidentiality of certain tax information; to provide for an interest rate on delinquent payments that adjusts to reflect changes in the prime rate; to adjust the penalties for nonpayment of ad valorem taxes to offset the reduction in interest rate; to make distribution of penalties equitable between taxing jurisdictions; to provide for additional procedures, conditions, and limitations; to provide for notice to political subdivisions upon the filing of certain tax refund requests; to provide for confidentiality of taxpayer information; to provide for automatic transfer to the Georgia Tax Tribunal in certain cases; 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 48 of the Official Code of Georgia Annotated, relating to state administration and collection of revenue, so as to provide for confidentiality of certain tax information; to provide for an interest rate on delinquent payments that adjusts to reflect changes in the prime rate; to adjust the penalties for nonpayment of ad valorem taxes to offset the reduction in interest rate; to make distribution of penalties equitable between taxing jurisdictions; to provide for additional procedures, conditions, and limitations; to provide for notice to political subdivisions upon the filing of certain tax
2012
JOURNAL OF THE HOUSE
refund requests; to provide for confidentiality of taxpayer information; to amend Chapter 13A of Title 50 of the Official Code of Georgia Annotated, so as to provide for automatic transfer to the Georgia Tax Tribunal in certain 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 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and collection of revenue, is amended by revising subsection (b) and adding a new subsection to Code Section 48-2-15, relating to confidential information, to read as follows:
"(b) This Code section shall not: (1) Be construed to prevent the use of confidential information as evidence before any state or federal court in the event of litigation involving tax liability of any taxpayer; (2) Be deemed to prevent the print or electronic publication of statistics so arranged as not to reveal information respecting an individual taxpayer; (3) Apply in any way whatsoever to any official finding of the commissioner with respect to any assessment or any information properly entered upon an assessment roll or other public record; (4) Affect any information which in the regular course of business is by law made the subject matter of a public document in any federal or state office or in any local office in this state; or (5) Apply to information, records, and reports required and obtained under Article 1 of Chapter 9 of this title, which requires distributors of motor fuels to make reports of the amounts of motor fuels sold and used in each county by the distributor, or under Article 2 of Chapter 9 of this title, relating to road tax on motor carriers.; or (6) Be construed to prevent the disclosure of information, so arranged as not to reveal information respecting an individual taxpayer, requested by the House Committee on Ways and Means or the Senate Finance Committee regarding the department's administration of any tax."
"(f) This Code section shall not be construed to prohibit disclosure as required in subsection (h) of Code Section 48-2-35."
SECTION 2. Said chapter is further amended by revising subsections (a) and (f) and adding new subsections in Code Section 48-2-35, relating to refunds of taxes and fees determined to have been erroneously or illegally assessed and collected, to read as follows:
"(a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded
MONDAY, FEBRUARY 29, 2016
2013
interest, except as provided in subsection (b) of this Code section, on the amount of the taxes or fees at the rate of 1 percent per month from the date of payment of the tax or fee to the commissioner at an annual rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical release H. 15 or any publication that may supersede it, plus 3 percent, to accrue monthly. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H. 15 on or after January 1 of each calendar year. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount of the refund, and the reason for the refund." "(f) For purposes of all claims for refund of sales and use taxes erroneously or illegally assessed and collected, the term 'taxpayer,' as defined under Code Section 48-2-35.1, shall apply. Such claim for refund shall contain the total refund claimed and the allocation of the local sales and use tax by the political subdivision. (g) Any taxpayer required to pay taxes electronically in accordance with paragraph (2.1) of subsection (f) of Code Section 48-2-32 shall also file any claims for refund electronically. The department shall make claim for refund forms consistent with this subsection electronically available.
(h)(1) As used in this subsection, the term: (A) 'Political subdivision designee' means the chief officer or officers designated by the political subdivision to receive information about a refund claim of local significance pursuant to this subsection. Each political subdivision shall certify to the commissioner that any such designee is so authorized on a form and in a manner prescribed by the department. (B) 'Refund claim of local significance' means a taxpayer's claim for refund of sales and use taxes erroneously or illegally assessed and collected or the department's discovery of any overpayment of such taxes, if such claim for refund or overpayment is for an amount equal to or greater than 10 percent of the total yearly average of aggregate sales and use tax distributions to any single political subdivision based on the average of the three most recent calendar years.
(2) Within 30 business days following the department's receipt of a refund claim of local significance, the department shall notify each affected political subdivision's political subdivision designee that a refund claim of local significance has been received and shall furnish the taxpayer with a copy of such notification. Such notification shall include the date the refund claim of local significance was filed, the amount in the claim for refund for which the political subdivision itself would be responsible if the request is granted, and a copy of the confidentiality provisions in Code Section 48-2-15 and this Code section. After the department has completed an audit of the claim for refund and determined a final refund amount, the department shall supplement the above notice by transmitting to the political subdivision designee the final refund amount for which the political subdivision is responsible.
2014
JOURNAL OF THE HOUSE
(3) Any information supplied to a political subdivision designee pursuant to this subsection shall retain, in the hands of the local official, its privileged and confidential nature to the same extent and under the same conditions as such information is privileged and confidential in the hands of the commissioner, pursuant to Code Section 48-2-15. It shall be the responsibility of the political subdivision designee, and not the department, to protect privileged and confidential information received under this subsection. Any person who divulges any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as provided for divulgence of tax information by employees of the department. Though privileged and confidential information shall not be disclosed, the political subdivision designee may make reasonable budgetary recommendations to elected officials, city managers, and tax officials in political subdivisions based on the confidential information furnished. The department shall not be subject to any criminal or civil liability for the unauthorized divulgence of privileged and confidential information by a political subdivision designee. Notwithstanding the foregoing, in the event all or any portion of the refund claim of local significance is for a tax levied under Part 1 of Article 3 of Chapter 8 of this title, the affected county shall not be in violation of this confidential provision if it notifies all municipal political subdivision designees in the county that such notification has been received from the department. (4) The commissioner, by rule or regulation, shall establish guidelines for identifying and producing documents to the Department of Audits and Accounts for review relating to the handling of refund claims of local significance. In the event of such review, the Department of Audits and Accounts shall assess whether the department followed proper procedures and used appropriate methodology to reach its final determination on a refund claim of local significance. (5) Any refund claims of local significance pending with the department for two years after the claim for refund was filed shall be automatically transferred to the Georgia Tax Tribunal as a declaratory judgment of the commissioner requesting a show cause proceeding pursuant to Code Section 50-13A-19.1."
SECTION 3. Said chapter is further amended by revising Code Section 48-2-40, relating to the rate of interest on past due taxes, as follows:
"48-2-40. Except as otherwise expressly provided by law, taxes owed the state or any local taxing jurisdiction shall bear interest at the rate of 1 percent per month at an annual rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical release H. 15 or any publication that may supersede it, plus 3 percent, to accrue monthly. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H. 15 on or after January 1 of each calendar year. Interest shall begin to accrue from the date the tax is due until the date the tax is paid. For the purposes of this Code section, any period of
MONDAY, FEBRUARY 29, 2016
2015
less than one month shall be considered to be one month. This Code section shall also apply to alcoholic beverage taxes."
SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 48-2-44, relating to penalties and interest on failure to file return or timely pay taxes held in trust for the state, as follows:
"(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, such person shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 5 percent of the amount of tax due and not paid at the time such penalty is assessed, together with interest as specified by law. This 10 percent penalty After 180 days from the imposition of the initial penalty, an additional penalty of 5 percent of any tax amount remaining due shall be imposed at each subsequent 180 day period, together with interest as specified by law. No penalty shall be assessed pursuant to this subsection which exceeds in the aggregate 20 percent. These penalties 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."
2016
JOURNAL OF THE HOUSE
SECTION 5. Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, is amended by adding a new Code section to read as follows:
"50-13A-19.1. (a) The tribunal shall docket the declaratory judgments of the revenue commissioner pursuant to subsection (h) of Code Section 48-2-35 as actions in the tribunal without the filing of a petition for relief. (b) The tribunal shall determine by interlocutory order the party at fault for the delay in finally determining a claim for refund.
(1) If the tribunal determines that the Department of Revenue is primarily at fault, the order shall require that the Department of Revenue pay all interest due to the taxpayer on the claim for refund, including the interest due on the local sales and use tax deemed to have been illegally or erroneously collected. The tribunal shall thereafter remand the matter back to the Department of Revenue for determination on the underlying claim for refund. (2) If the tribunal determines that the taxpayer who made the claim for refund is primarily at fault, the order shall prohibit the accrual of any interest due to the taxpayer on the finally determined claim for refund. The tribunal shall thereafter remand the matter back to the Department of Revenue for determination on the underlying claim for refund. (3) If the tribunal determines that the delay is justified, the order shall remand the matter back to the Department of Revenue for determination and for further hearings at the tribunal's discretion. (c) The tribunal, at its discretion, may award reasonable attorneys' fees to either party in such proceedings. (d) Orders of the tribunal issued pursuant to this Code section shall be excluded from the provisions of subsection (d) of Code Section 50-13A-15. (e) Except as otherwise provided in this Code section, such actions shall follow the procedures and tribunal rules applicable to other proceedings within the tribunal."
SECTION 6. This Act shall become effective on July 1, 2016. The new penalty and interest rates provided in Sections 2, 3, and 4 of this Act shall apply to penalties and interest accrued on or after the effective date of this Act.
SECTION 7. All law and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, 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, FEBRUARY 29, 2016
2017
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Dukes Y Dunahoo Y Duncan
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 Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley
Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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 E 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 982. By Representatives Stephens of the 164th, Petrea of the 166th, Hitchens of the 161st, Stephens of the 165th and Gordon of the 163rd:
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 concerning ad valorem taxation of property, so as to change certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
2018
JOURNAL OF THE HOUSE
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 concerning ad valorem taxation of property, so as to change a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, is amended by revising paragraph (3) of Code Section 48-5-2, relating to definitions, as follows:
"(3) 'Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. The income approach, if actual income and expense data is available are supplied by the property owner, shall be considered in determining the fair market value of income-producing property. Notwithstanding any other provision of this chapter to the contrary, the transaction amount of the most recent arm's length, bona fide sale in any year shall be the maximum allowable fair market value for the next taxable year. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information available, including, but not limited to, the original cost of the property, any depreciation or obsolescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood
Y Cooke Y Coomer Y Cooper Y Corbett
Y Harden Y Harrell Y Hatchett Y Hawkins
Y Metze Y Mitchell Y Morris Y Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
MONDAY, FEBRUARY 29, 2016
2019
Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene
Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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 E 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 E 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 1058. By Representatives Price of the 48th, Hawkins of the 27th, Cooper of the 43rd, Dempsey of the 13th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Chapters 17 and 22 of Title 31 and Code Section 24-12-21 of the O.C.G.A., relating to control of venereal disease, clinical laboratories, and the disclosure of AIDS confidential information, respectively, so as to revise various statutes relating to HIV and AIDS; to provide for related matters; to repeal conflicting laws; and for other purposes.
2020
JOURNAL OF THE HOUSE
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 16-13-32, Chapters 17 and 22 of Title 31, and Code Section 2412-21 of the Official Code of Georgia Annotated, relating to transactions in drug related objects, control of venereal disease, clinical laboratories, and the disclosure of AIDS confidential information, respectively, so as to revise various statutes relating to prevention and testing for HIV and AIDS; to provide that employees and agents of harm reduction organizations are not subject to certain offenses relating to hypodermic needles; to revise a provision relating to refusal of a pregnant woman to submit to an HIV test; to provide for consent to medical treatment by a minor at risk of HIV; to eliminate the requirement that the Department of Public Health develop AIDS and HIV counseling brochures; to revise a provision relating to exposure of a health care provider to a potentially HIV infected person; to provide that disclosure to a parent or legal guardian of a minor's AIDS confidential information is permissive rather than mandatory; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-13-32 of the Official Code of Georgia Annotated, relating to transactions in drug related objects, is amended by revising subsection (c) as follows:
"(c) It shall be unlawful for any person or corporation, other than a licensed pharmacist, a pharmacy intern or pharmacy extern as defined in Code Section 26-4-5, or a practitioner licensed to dispense dangerous drugs, or a person employed by or an agent of a harm reduction organization, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person a hypodermic syringe or needle designed or marketed primarily for human use. It shall be an affirmative defense that the hypodermic syringe or needle was marketed for a legitimate medical purpose. As used in this subsection, the term 'harm reduction organization' means an organization which provides direct assistance and services, such as syringe exchanges, counseling, homeless services, advocacy, drug treatment, and screening, to at-risk individuals to slow the spread of HIV and other infectious diseases among intravenous drug users."
SECTION 2. Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, is amended by revising subsection (d) of Code Section 31-17-4.2, relating to HIV pregnancy screening, as follows:
"(d) The woman shall be informed notified of the test to be conducted and her right shall have the opportunity to refuse the test. A pregnant woman shall submit to an HIV test and a syphilis test pursuant to this Code section unless she specifically declines
MONDAY, FEBRUARY 29, 2016
2021
refuses. 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."
SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 31-17-7, relating to consent of a minor to medical or surgical care or services, as follows:
"(a) The consent to the provision of medical or surgical care or services by a hospital or public clinic or to the performance of medical or surgical care or services by a physician licensed to practice medicine and surgery, when such consent is given by a minor who is or professes to be afflicted with a venereal disease or at risk for HIV, shall be as valid and binding as if the minor had achieved his or her majority, provided that any such treatment shall involve procedures and therapy related to conditions or illnesses arising out of the venereal disease or HIV diagnosis which gave rise to the consent authorized under this Code section. Any such consent shall not be subject to later disaffirmation by reason of minority. The consent of no other person or persons, including but not limited to a spouse, parent, custodian, or guardian, shall be necessary in order to authorize the provision to such minor of such medical or surgical care or services as are described in this subsection."
SECTION 4. Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, is amended by revising paragraph (6) of subsection (a) of Code Section 3122-9.1, relating to who may perform HIV tests, as follows:
"(6) 'Counseling' means providing the person with information and explanations medically appropriate for that person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV. The Department of Public Health shall develop brochures or other documents which meet the requirements of this paragraph and, upon delivery of such a brochure or document or of another brochure or document approved by the Department of Public Health to the person and referral of that person to the Department of Public Health for further information and explanations, counseling shall be deemed to have been provided within the meaning of this paragraph."
SECTION 5. Said chapter is further amended by revising subsection (g) of Code Section 31-22-9.2, relating to HIV tests, as follows:
"(g) Notwithstanding the other provisions of this Code section, when exposure of a health care provider to any body fluids of a patient occurs in such a manner as to create
2022
JOURNAL OF THE HOUSE
any risk that such provider might become an HIV infected person if the patient were an HIV infected person, according to current infectious disease guidelines of the Centers for Disease Control and Prevention or according to infectious disease standards of the health care facility where the exposure occurred, a health care provider otherwise authorized to order an HIV test shall be authorized to order any HIV test on such patient and obtain the results thereof:
(1) If the patient or the patient's representative, if the patient is a minor, otherwise incompetent, or unconscious, does not refuse the test after being notified that the test is to be ordered and after having been provided an opportunity to refuse the test; or (2) If the patient or the patient's representative refuses the test, following compliance with paragraph (1) of this subsection, when at least one other health care provider who is otherwise authorized to order an HIV test concurs in writing to the testing, and the patient is informed of the results of the test and is provided counseling with regard to those results, and the occurrence of that test is not made a part of the patient's medical records, where the test results are negative, without the patient's consent."
SECTION 6.
Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended by revising subsection (c) as follows:
"(c) AIDS confidential information shall be disclosed to the person identified by that information or, if that person is a minor or an incompetent person, to that person's parent or legal guardian. AIDS confidential information may be disclosed to such person's parent or legal guardian if that person is a minor."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton
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 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 Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E 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 E Stovall Y Stover Y Strickland Y Tankersley
MONDAY, FEBRUARY 29, 2016
2023
Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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
Gasaway Y Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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 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 E 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 54. By Representatives Waites of the 60th, Powell of the 32nd, Scott of the 76th, Jones of the 53rd and Fludd of the 64th:
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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
2024
JOURNAL OF THE HOUSE
To amend Subpart 1 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Student Finance Authority, so as to provide for voluntary donations through state income tax returns and drivers' licenses for funding undergraduate tuition grants to children of law enforcement officers, firefighters, emergency medical technicians, prison guards, and Highway Emergency Response Operators of the Department of Transportation who were disabled or killed in the line of duty; 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 "Shawn Smiley Act."
SECTION 2. Subpart 1 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Student Finance Authority, is amended by adding a new Code section to read as follows:
"20-3-316.2. (a)(1) Each Georgia income tax return form for taxable years beginning on or after January 1, 2017, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia Student Finance Authority to provide financial assistance toward the postsecondary educational costs of the children of law enforcement officers, firefighters, emergency medical technicians, and prison guards employed by the state or other public employer, and Highway Emergency Response Operators of the Department of Transportation who were permanently disabled or killed in the line of duty by either donating all or any part of any tax refund due and authorizing a reduction in the refund check otherwise payable or contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return shall include a description of the intended use of the moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the Georgia Student Finance Authority may designate such contribution as provided on the appropriate income tax return form. (2) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia Student Finance Authority.
(b) Beginning January 1, 2017, the Department of Driver Services shall, through appropriate language on its forms for the issuance and renewal of drivers' licenses and identification cards, offer individuals the opportunity to make voluntary contributions to the Georgia Student Finance Authority to provide financial assistance toward the postsecondary educational costs of the children of law enforcement officers, firefighters, emergency medical technicians, and prison guards employed by the state or
MONDAY, FEBRUARY 29, 2016
2025
other public employer, and Highway Emergency Response Operators of the Department of Transportation who were permanently disabled or killed in the line of duty; provided, however, that such voluntary contributions shall be in whole dollar amounts. The form shall contain a description of the intended use of moneys received from the contributions. Each individual who desires to contribute may designate such contribution on the appropriate form, and the Department of Driver Services shall accept such contribution. The Department of Driver Services shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the Georgia Student Finance Authority for funding, in whole or in part, the postsecondary educational costs of such students. If, in any tax year, the administrative costs of the Department of Driver Services for collecting contributions pursuant to this subsection exceed the sum of such contributions, the administrative costs which the Department of Driver Services is authorized to withhold from such contributions shall not exceed the sum of such contributions."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
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 Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 E 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
2026
JOURNAL OF THE HOUSE
Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene
Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Randall Y Reeves Y Rhodes E Rice 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 E 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 1025. By Representatives Taylor of the 79th, Willard of the 51st, Drenner of the 85th, Henson of the 86th, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change provisions relating to service of accusations of or citations for violations of ordinances under certain circumstances; to provide for judgments when service is perfected under such circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change provisions relating to service of accusations of or citations for violations of ordinances under certain circumstances; to provide for judgments when service is perfected under such circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
MONDAY, FEBRUARY 29, 2016
2027
SECTION 1. Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, is amended by revising Code Section 15-10-62, relating to prosecution upon citation or accusation, service, and arrest, as follows:
"15-10-62. (a) Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusation by the county attorney or such other attorney as the county governing authority may designate. Prosecutions for violations of ordinances of state authorities shall be upon citation as provided in Code Section 1510-63 or upon accusation by such attorney as the state authority may designate. Such attorney shall be the prosecuting attorney in cases tried upon accusation. (b) Except as provided in subsection (c) of this Code section, citations for or accusations Accusations of violations of ordinances and citations shall be personally served upon the person accused. Each accusation or citation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct and except that ordinances of state authorities may provide for immediate arrest; provided, however, that the accused may be arrested prior to the time of trial for the violation of a county ordinance relating to loitering; and provided, further, that except as provided in subsection (c) of this Code section, any defendant accused who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his or her future appearance.
(c)(1) When provided by local law, a citation for or accusation of a violation of an ordinance concerning the condition of real property may be served by:
(A) Posting a copy of it on the door of the premises where the alleged violation occurred; (B) Mailing a copy of it by first-class mail to the owner of such premises at the address of record maintained by the tax commissioner and tax assessor; and (C) Filing a copy of it with the clerk of magistrate court. (2) When service is perfected as provided in this subsection and the accused fails to appear for trial, an in rem judgment and lien against the real property shall be the exclusive penalty."
SECTION 2. Said article is further amended by revising subsection (c) of Code Section 15-10-63, relating to use of citations, as follows:
"(c) Prosecutions for violations of ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations or by an agent of the state authority who is authorized by the authority to issue citations. A Except as provided in subsection (c) of Code Section 15-10-62, a copy of the citation shall be
2028
JOURNAL OF THE HOUSE
personally served upon the accused; and the original shall promptly be filed with the court."
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 Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
N 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 N Dudgeon Y Dukes N Dunahoo N Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier N Frye Y Gardner Y Gasaway N Gilligan Y Glanton E Golick Y Gordon N Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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 E 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
Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 145, nays 22.
MONDAY, FEBRUARY 29, 2016
2029
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read:
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 greatgrandparents and siblings of parents; to provide for definitions; to provide for an evidentiary standard; to conform cross-references relating to adoption; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising Code Section 19-7-3, relating to grandparent visitation rights and intervention, as follows:
"19-7-3. (a) As used in this Code section, the term 'grandparent':
(1) 'Family member' means a grandparent, great-grandparent, or sibling. (2) 'Grandparent' means the parent of a parent of a minor child, the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated. (3) 'Great-grandparent' means the parent of the parent of a parent of a minor child, the parent of the parent of a minor child's parent who has died, and the parent of the parent of a minor child's parent whose parental rights have been terminated. (4) 'Sibling' means the brother or sister of a parent of a minor child, the brother or sister of a minor child's parent who has died, and the brother or sister of a minor child's parent whose parental rights have been terminated. (b)(1) Except as otherwise provided in paragraph (2) of this subsection, any grandparent family member shall have the right to file an original action for visitation
2030
JOURNAL OF THE HOUSE
rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. (2) This subsection shall not authorize an original action where the parents of the minor child are not separated and the child is living with both parents. (c)(1) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any grandparent family member of the child reasonable visitation rights if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. The mere absence of an opportunity for a child to develop a relationship with a family member shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship between the child and such family member. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result where when, prior to the original action or intervention:
(A) The minor child resided with the grandparent family member for six months or more; (B) The grandparent family member provided financial support for the basic needs of the child for at least one year; (C) There was an established pattern of regular visitation or child care by the grandparent family member with the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings. (2) An original action requesting visitation rights shall not be filed by any grandparent family member more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent family member, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. (3) While a parent's decision regarding grandparent family member visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide grandparent family member contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her grandparent family member or who is not provided some minimal opportunity for
MONDAY, FEBRUARY 29, 2016
2031
contact with his or her grandparent family member when there is a preexisting relationship between the child and such family member may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption. (4) In no case shall the granting of visitation rights to a grandparent family member interfere with a child's school or regularly scheduled extracurricular activities. (5) Visitation time awarded to a grandparent family member shall not be less than 24 hours in any one-month period; provided, however, that when more than one individual seeks visitation under this Code section, the court shall determine the amount of time to award to each petitioner which shall not be less than 24 hours in any one-month period in the aggregate. (d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may award the parent a family member of the deceased, incapacitated, or incarcerated parent of such minor child reasonable visitation to such child during his or her minority, which shall not be less than 24 hours in any one-month period, if the court in its discretion finds that such visitation would be in the best interests of the child. The custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive. (e) If the court finds that the grandparent or grandparents family member can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning grandparent or grandparents family member, may: (1) Appoint a guardian ad litem for the minor child; and (2) Assign the issue of visitation rights of a grandparent family member for mediation. (f) In the event that the court does not order mediation or upon failure of the parties to reach an agreement through mediation, the court shall fix a time for the hearing of the issue of visitation rights of the grandparent or grandparents family member. (g) Whether or not visitation is awarded to a grandparent family member, the court may direct a custodial parent, by court order, to notify such grandparent family member of every performance of the minor child to which the public is admitted, including, but not limited to, musical concerts, graduations, recitals, and sporting events or games. (h) When more than one family member files an action pursuant to this Code section, the court shall determine the priority of such actions."
SECTION 2. Said title is further amended by revising subsection (f) of Code Section 19-8-13, relating to the petition for adoption, filing, and contents, as follows:
"(f)(1) As used in this subsection, the term 'family member' shall have the same meaning as set forth in Code Section 19-7-3. (2) Whenever a petitioner is a blood relative of the child to be adopted and a grandparent family member other than the petitioner has visitation rights to the child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the
2032
JOURNAL OF THE HOUSE
petition for adoption to be served upon the grandparent family member with the visitation rights or upon such person's counsel of record."
SECTION 3. Said title is further amended by revising Code Section 19-8-15, relating to when objections may be filed by relatives to petition for adoption, as follows:
"19-8-15. (1) As used in this Code section, the term 'family member' shall have the same meaning as set forth in Code Section 19-7-3. (2) If the child sought to be adopted has no legal father or legal mother living, it shall be the privilege of any person related by blood to the child to file objections to the petition for adoption. A grandparent family member with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not the same constitute a good reason for denying the petition and the court shall have the authority to grant or continue such visitation rights of the grandparent to family member of the child in the adoption order in the event the adoption by the blood relative is approved by the court."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Strickland of the 111th, Weldon of the 3rd, and Willard of the 51st offer the following amendment:
Amend the House Committee on Juvenile Justice substitute to HB 229 (LC 29 7007S) by replacing line 2 with the following: so as to change provisions relating to a grandparent's right to intervention in certain domestic relation cases; to allow for intervention by great-grandparents and
By replacing lines 23 through 33 with the following: (b)(1) Except as otherwise provided in paragraph (2) of this subsection, any: (A) Any grandparent shall have the right to file an original action for visitation rights to a minor child or; and (B) Any family member shall have the right to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there
MONDAY, FEBRUARY 29, 2016
2033
has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. (2) This subsection shall not authorize an original action where when the parents of the minor child are not separated and the child is living with both parents.
By replacing lines 54 through 57 with the following: (2) An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal
By replacing lines 79 through 81 with the following: the parent of the deceased, incapacitated, or incarcerated parent of such minor child reasonable visitation to such child during his or her minority if the court in its discretion finds that such
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 N Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
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 N Ehrhart Y England Y Epps Y Evans
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 E 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
2034
JOURNAL OF THE HOUSE
Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene
Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Randall Y Reeves Y Rhodes E Rice 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 N Willard N Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 365. By Representatives 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.
The following Committee substitute was read and adopted:
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 provide for the distribution of certain proceeds of the tax; 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 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, is amended in Code Section 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds, fair market value of vehicle appealable, and report, by revising paragraph (3) of subsection (c) as follows:
MONDAY, FEBRUARY 29, 2016
2035
"(3) The local title ad valorem tax fee proceeds required under this subsection shall be distributed as follows:
(A) The tag agent of the county shall within 20 days following the end of each calendar month allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county an amount of those proceeds necessary to offset any reduction in ad valorem tax on motor vehicles collected under Chapter 5 of this title in the taxing jurisdiction of each governing authority and school district from the amount of ad valorem taxes on motor vehicles collected under Chapter 5 of this title in each such governing authority and school district during the same calendar month of 2012. This reduction shall be calculated by subtracting the amount of ad valorem tax on motor vehicles collected under Chapter 5 of this title in each such taxing jurisdiction from the amount of ad valorem tax on motor vehicles collected under Chapter 5 of this title in that taxing jurisdiction in the same calendar month of 2012. In the event that the local title ad valorem tax fee proceeds are insufficient to fully offset such reduction in ad valorem taxes on motor vehicles, the tag agent shall allocate a proportionate amount of the proceeds to each governing authority and to the board of education of each such school district, and any remaining shortfall shall be paid from the following month's local title ad valorem tax fee proceeds. In the event that a shortfall remains, the tag agent shall continue to first allocate local title ad valorem tax fee proceeds to offset such shortfalls until the shortfall has been fully repaid; and (B) Of the proceeds remaining following the allocation and distribution under subparagraph (A) of this paragraph, the tag agent shall allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county the remaining amount of those proceeds in the manner provided in this subparagraph. Such proceeds shall be deposited in the general fund of such governing authority or board of education and shall not be subject to any use or expenditure requirements provided for under any of the following described local sales and use taxes but shall be authorized to be expended in the same manner as authorized for the ad valorem tax revenues on motor vehicles under Chapter 5 of this title which would otherwise have been collected for such governing authority or board of education. Of such remaining proceeds:
(i) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district and the board of education of each independent school district located in such county in the same manner as required for any local sales and use tax for educational purposes levied pursuant to Part 2 of Article 3 of Chapter 8 of this title currently in effect. If such tax is not currently in effect, such proceeds shall be distributed to such board or boards of education in the same manner as if such tax were in effect;
2036
JOURNAL OF THE HOUSE
(ii)(I) Except as otherwise provided in this division, an amount equal to onethird of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of this title currently in effect. (II) If such tax were never in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (III) If such tax is currently in effect as well as a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment, an amount equal to one-third of such proceeds shall be distributed in the same manner as required under subdivision (I) of this division and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district. (IV) If such tax is not currently in effect and a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment is currently in effect, such proceeds shall be distributed to the board of education of the county school district and the board of education of any independent school district in the same manner as required under that such local constitutional amendment. (V) If such tax is not currently in effect and a homestead option sales and use tax under Article 2A of Chapter 8 of this title is in effect, such proceeds shall be distributed to the governing authority of the county, each qualified municipality, and each existing municipality in the same proportion as otherwise required under Code Section 48-8-104; and (iii)(I) An amount equal to one-third of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under an intergovernmental agreement or as otherwise required under the county special purpose local option sales and use tax under Part 1 of Article 3 of Chapter 8 of this title currently in effect; provided, however, that this subdivision shall not apply if subdivision (III) of division (ii) of this subparagraph is applicable. (II) If such tax were in effect but expired and is not currently in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as if such tax were still in effect according to the intergovernmental agreement or as otherwise required under the county special purpose local sales and use tax under Part 1 of Article 3 of Chapter 8 of this title for the 12 month period commencing at the expiration of such tax. If such tax is not renewed prior to the expiration of such 12 month period, such amount shall
MONDAY, FEBRUARY 29, 2016
2037
be distributed in accordance with subdivision (I) of division (ii) of this subparagraph; provided, however, that if a tax under Article 2 of Chapter 8 of this title is not in effect, such amount shall be distributed in accordance with subdivision (II) of division (ii) of this subparagraph. (III) If such tax is not currently in effect in a county in which a tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, such proceeds shall be distributed to the governing body of the authority created by local Act to operate such metropolitan area system of public transportation. (IV) If such tax were never in effect, such proceeds shall be distributed in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of this title currently in effect; provided, however, that if such tax under such article is not in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county.; and (C) Of the proceeds distributed under subparagraphs (A) and (B) of this paragraph to the county governing authority, any county in which an ad valorem tax was levied on motor vehicles pursuant to a local constitutional amendment on behalf of an authority or agency within such county on March 1, 2013, shall remit to such authority or agency a percentage of the amount received by the county governing authority equal to the percentage which such ad valorem tax constituted of the entire county ad valorem tax collected in the 2012 taxable year."
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, Representatives Strickland of the 111th and Welch of the 110th were excused from voting on HB 365.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
2038
JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton E Golick Y Gordon Y Gravley
Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes E Rice 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 E 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
Welch Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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 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.
MONDAY, FEBRUARY 29, 2016
2039
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 47-23-63 of the Official Code of Georgia Annotated, relating to definition and effect of full-time and part-time service and calculations, so as to provide that a member of the Georgia Judicial Retirement System who was serving in a full-time position on his or her retirement may use prior part-time service for vesting; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by revising subsection (c) as follows:
"(c) Any member who on the effective date of his or her retirement was serving in a full-time position shall not be entitled to use any prior part-time service for vesting for benefits and shall be entitled to use such prior service for the calculation of benefits on the basis of one month of credit for each three months of prior part-time service a ratio determined by dividing the average monthly compensation for the 24 consecutive month period producing the highest such average during the part-time service by the average monthly salary during the 24 consecutive month period producing the highest such average during the full-time service. The resultant percentage will be multiplied by the total part-time service and the result added to the total full-time service, resulting in the total service to be used in all benefit calculations."
SECTION 2. This Act shall become effective on July 1, 2016, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2016, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
2040
JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison
Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley N Benton Y Beskin Y Beverly N Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson Y Carter, A Y Carter, D 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
Dickey Y Dickson Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo
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 N Gilligan Y Glanton E Golick Y Gordon N Gravley
Greene
Y Harden N Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer N Nix Y Oliver N Pak Y Parrish Y Parsons E Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J N Price Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice Y Rogers, C Y Rogers, T Y 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 E Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N 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 N Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 134, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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
MONDAY, FEBRUARY 29, 2016
2041
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.
The report of the Committee, which was favorable to the 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 Atwood N Ballinger N Barr N Battles Y Beasley-Teague N Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M Y Cannon N Cantrell N Carson Y Carter, A Y Carter, D N Casas N Chandler N Cheokas N Clark, D N Clark, H N Clark, V N Coleman
N Cooke N Coomer
Cooper N Corbett Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan Y Ealum N Efstration N Ehrhart N England N Epps Y Evans N Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner N Gasaway N Gilligan Y Glanton E Golick Y Gordon N Gravley Y Greene
Y Harden N Harrell N Hatchett Y Hawkins Y Henson N Hightower N Hitchens Y Holcomb E Holmes N Houston Y Howard Y Hugley Y Jackson N Jasperse Y Jones, J N Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick
Kidd N Kirby
Knight N LaRiccia N Lott N Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo N McCall Y McClain
Meadows
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer N Nix Y Oliver N Pak Y Parrish N Parsons E Peake N Petrea N Pezold N Pirkle
Powell, A N Powell, J N Price Y Prince
Pruett N Quick N Raffensperger Y Rakestraw N Ramsey Y Randall N Reeves N Rhodes E Rice Y Rogers, C
Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sims
Y Smith, E N Smith, L Y Smith, M N Smith, R
Smyre N Spencer Y Stephens, M
Stephens, R Y Stephenson Y Stovall N Stover N Strickland N Tankersley N Tanner N 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 N Weldon Y Werkheiser Y Wilkerson N Wilkinson N Willard Y Williams, A Y Williams, C E Williams, E N Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 74, nays 87.
The Bill, having failed to receive the requisite constitutional majority, was lost.
2042
JOURNAL OF THE HOUSE
HB 699. By Representatives Welch of the 110th, Setzler of the 35th, Strickland of the 111th and Tanner of the 9th:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to provisions applicable to counties, municipal corporations, and other governmental entities, so as to define a certain term; to provide that when a majority of an elected governing body is not elected to serve the next term of office, such body shall not have the authority to incur debt, execute contracts, or dispose of assets; to provide that such contracts or instruments of indebtedness shall be void ab initio; to provide for a cause of action to enforce such provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the beginning of the terms of office for county and municipal governing authorities; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the filling of vacancies on county and municipal governing authorities; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising Code Section 21-2-541.1, relating to terms for all municipal offices elected at general municipal elections, as follows:
"21-2-541.1. (a) All municipal offices elected at general municipal elections shall be for terms of four years unless otherwise provided by local law in accordance with Code Section 212-541.2. (b) Unless otherwise provided for by the municipal charter, municipal officeholders Notwithstanding any other provision of law to the contrary, beginning with persons elected on or after the effective date of this subsection, the term of office of a member of a municipal governing authority, including a mayor, shall begin on the Monday following such person's election which is at least five days following the certification of the results of such person's election to such office unless a petition to contest the results of such person's election to such office is filed pursuant to Article 13 of this chapter. If
MONDAY, FEBRUARY 29, 2016
2043
a petition to contest the election results is filed, such person shall not be sworn in until a judgment has been entered pursuant to Code Section 21-2-527 or such petition has been withdrawn or dismissed. In such case, the person's term of office shall begin on the Monday following the entry of such judgment or the withdrawal or dismissal of such petition. Such officeholder shall be sworn in at their first organizational the next meeting of the new year governing authority, which shall be held not later than two weeks following the beginning of such person's term of office, and will shall hold office until their successors are duly elected and qualified and take said oath of office his or her successor's term begins in accordance with this subsection. (c) Notwithstanding any other provision of law to the contrary, beginning with persons elected on or after the effective date of this subsection, the term of office of a member of a county governing authority, including a county commission chairperson or chief executive officer of a county, shall begin on the Monday following such person's election which is at least five days following the certification of the results of such person's election to such office unless a petition to contest the results of such person's election to such office is filed pursuant to Article 13 of this chapter. If a petition to contest the election results is filed, such person shall not be sworn in until a judgment has been entered pursuant to Code Section 21-2-527 or such petition has been withdrawn or dismissed. In such case, the person's term of office shall begin on the Monday following the entry of such judgment or the withdrawal or dismissal of such petition. Such officeholder shall be sworn in at the next meeting of the governing authority, which shall be held not later than two weeks following the beginning of such person's term of office, and shall hold office until his or her successor's term begins in accordance with this subsection. (d) Any actions taken by a county or municipal governing authority during the period between the date of an election in which an incumbent member of the governing authority was defeated and the date that those members of the governing authority, including a mayor, county commission chairperson, or chief executive officer of a county, elected in such election take office shall be voidable if such actions are rescinded by the governing authority during the 30 day period beginning on the date when the last member of the governing authority elected in such election takes office. (e) Nothing contained in subsection (b) or (c) of this Code section is intended to affect the vesting of or eligibility for any pension benefits of a public officer."
SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by repealing and reserving Code Section 36-5-21, relating to vacancy in office of county commissioner or other governing authority.
SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"36-60-27.
2044
JOURNAL OF THE HOUSE
(a) When a vacancy occurs in the office of a member of a county or municipal governing authority, including a mayor, county commission chairperson, or chief executive officer of a county, and the unexpired term for such office exceeds 180 days before the date of election for such office, it shall be the duty of the judge of the probate court of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21, and the cost of the election shall be defrayed by the proper county or municipal governing authority, as applicable. If the unexpired term to be filled is 180 days or less before the date of election for such office, the chief judge of the superior court of the county shall have the power to appoint a successor to fill the unexpired term. (b) When the office of a member of a county or municipal governing authority is vacated for any reason and a special election is required to be called pursuant to subsection (a) of this Code section, the remaining members of such governing authority shall constitute the county or municipal governing authority during the interim period between the creation of the vacancy and the appointment or election and qualification of a successor to fill the vacancy pursuant to subsection (a) of this Code section, except that if, as a result of such vacancy or any combination of such vacancies, there is no longer any member of the county or municipal governing authority remaining in office to constitute the county or municipal governing authority, the judge of the probate court of the county shall serve as the county or municipal governing authority until the election and qualification under subsection (a) of this Code section of all successors to the vacated positions on the county or municipal governing authority. (c) A judge of the probate court serving as the county or municipal governing authority pursuant to subsection (b) of this Code section shall receive for such service, in addition to any other compensation that such judge is authorized by law to receive, an amount equal to the amount that the chairperson of the board of commissioners, mayor, or sole commissioner, as applicable, would have been authorized to receive for such period of service."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Welch of the 110th offers the following amendment:
Amend the House Committee on Governmental Affairs substitute to HB 699 (LC 28 8013S)
MONDAY, FEBRUARY 29, 2016
2045
by striking "to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the filling of vacancies on county and municipal governing authorities;" on lines 3 through 5 and inserting in lieu thereof "to provide for limitations on actions by governing authorities under certain circumstances;".
By inserting after "to the contrary," on lines 16 and 31 "except as may be provided by a local Act enacted on or after January 1, 2017,".
By striking "the effective date of this subsection," on line 17 and inserting in lieu thereof "January 1, 2018," and by striking "the effective date of this subsection," on line 32 and inserting in lieu thereof "January 1, 2017,".
By striking lines 45 through 51 and inserting in lieu thereof the following: (d)(1) Unless otherwise provided by a local Act enacted on or after January 1, 2017, any actions taken by a sole commissioner during the period between the date of an election in which the incumbent sole commissioner was defeated and the date that a new sole commissioner elected in such election takes office shall be voidable if such actions are rescinded by the new sole commissioner during the 30 day period beginning on the date when the new sole commissioner elected in such election takes office. (2) Except as provided in paragraph (1) of this subsection, unless otherwise provided by local Act enacted on or after January 1, 2017, all actions taken by a county or municipal governing authority or the governing authority of a consolidated government during the period between the date of an election and the date that those members of the governing authority, including a mayor, county commission chairperson, or chief executive officer of a county, elected in such election take office shall require a unanimous vote of the members of the governing authority.
By striking lines 55 through 89 and redesignating Section 5 as Section 3.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr
N Cooke Y Coomer Y Cooper Y Corbett
Dawkins-Haigler N Deffenbaugh
N Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower
N Metze N Mitchell Y Morris N Mosby Y Nimmer N Nix
N Smith, E N Smith, L N Smith, M Y Smith, R N Smyre Y Spencer
2046
JOURNAL OF THE HOUSE
Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton Y Beskin N Beverly N Blackmon N Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns N Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson N Carter, A N Carter, D Y Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V N Coleman
Y Dempsey N Dickerson N Dickey Y Dickson Y Dollar
Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart
England N Epps N Evans
Fleming E Floyd N Fludd N Frazier N Frye
Gardner Y Gasaway Y Gilligan N Glanton E Golick N Gordon Y Gravley N Greene
Y Hitchens N Holcomb E Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick
Kidd Y Kirby Y Knight Y LaRiccia N Lott Y Lumsden N Mabra N Marin N Martin N Maxwell N Mayo Y McCall N McClain Y Meadows
N Oliver Y Pak N Parrish Y Parsons E Peake Y Petrea N Pezold Y Pirkle Y Powell, A
Powell, J N Price
Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves N Rhodes E Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler
Sharper Y Shaw
Sims
Stephens, M N Stephens, R N Stephenson N Stovall Y Stover Y Strickland Y Tankersley N Tanner N Tarvin
Taylor, D 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 N Williams, C E Williams, E Y Williamson Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 80, nays 78.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Welch of the 110th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 699.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton
Y Cooke Y Coomer
Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar
Douglas N Drenner
N Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb E Holmes Y Houston N Howard N Hugley N Jackson
N Metze N Mitchell Y Morris N Mosby Y Nimmer N Nix N Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea N Pezold
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland Y Tankersley
MONDAY, FEBRUARY 29, 2016
2047
Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns N Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V N Coleman
Y Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart
England Y Epps N Evans
Fleming E Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Gilligan N Glanton E Golick N Gordon Y Gravley Y Greene
Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin N Maxwell N Mayo Y McCall N McClain Y Meadows
Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes E Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 104, nays 62.
The motion prevailed.
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 Y Atwood Y Ballinger Y Barr
Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton Y Beskin N Beverly N Blackmon N Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns
N Cooke Y Coomer
Cooper Y Corbett N Dawkins-Haigler N Deffenbaugh Y Dempsey N Dickerson N Dickey Y Dickson Y Dollar
Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart
England N Epps
N Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb E Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick
N Metze N Mitchell Y Morris N Mosby Y Nimmer N Nix N Oliver Y Pak N Parrish Y Parsons E Peake Y Petrea N Pezold Y Pirkle Y Powell, A
Powell, J N Price N Prince Y Pruett N Quick Y Raffensperger Y Rakestraw
N Smith, E N Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland N Tankersley N Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner
2048
JOURNAL OF THE HOUSE
N Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson N Carter, A N Carter, D Y Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V N Coleman
N Evans Fleming
E Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Gilligan N Glanton E Golick N Gordon Y Gravley N Greene
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin N Martin N Maxwell N Mayo Y McCall
McClain Y Meadows
Y Ramsey N Randall Y Reeves N Rhodes E Rice 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 N Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 82, nays 81.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 943. By Representatives Rogers of the 29th, Pak of the 108th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to provide for additional limitations on indemnification and duty to defend clauses which are void and unenforceable in contracts for engineering or architectural services; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representatives Willard of the 51st and Rogers of the 29th offer the following amendment:
Amend HB 943 (LC 36 2966ER) by replacing lines 2 through 4 with the following: and void contracts generally, so as to change provisions relating to contracts which contravene public policy; to provide for related matters; to repeal
By replacing lines 20 through 22 with the following: (b) A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair, design, engineering, or maintenance of a building structure, road, bridge or other infrastructure, appurtenances, and appliances, including moving, demolition, and
By replacing lines 27 through 29 with the following:
MONDAY, FEBRUARY 29, 2016
2049
bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence, recklessness, or intentionally wrongful conduct of the indemnitee, or its, his, or her officers, agents, or employees, or any third party is against public policy and void and unenforceable. This subsection shall not affect any obligation
By replacing "policy." with "policy."" at the end of line 35 and by deleting lines 36 through 48.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y 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 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 Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
2050
JOURNAL OF THE HOUSE
On the passage of the Bill, as amended, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1036. By Representatives Hitchens of the 161st, Stephens of the 164th, Petrea of the 166th, Williams of the 168th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 22 of the O.C.G.A., relating to the exercise of power of eminent domain for special purposes, so as to change certain provisions relating to the exercise of power of eminent domain for construction of petroleum pipelines and the environmental permitting requirements for petroleum pipelines; to enact a temporary moratorium on the use of eminent domain for construction of petroleum pipelines and the permitting for construction of such pipelines so that a commission of elected officials and field experts can conduct a detailed study; 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 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of power of eminent domain for special purposes, so as to change certain provisions relating to the exercise of power of eminent domain for construction of petroleum pipelines; to provide for legislative findings; to provide for definitions; to enact a temporary moratorium on the use of eminent domain powers for construction of petroleum pipelines so that a commission of elected officials and field experts can conduct a detailed study; to ensure the exercise of eminent domain powers by petroleum pipelines is carried out in a prudent and responsible manner consistent with this state's essential public interests; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the exercise of the power of eminent domain by pipeline companies for a certain period; to provide for an exception; to move existing provisions relating to the use of the power of eminent domain for natural or artificial gas; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
MONDAY, FEBRUARY 29, 2016
2051
SECTION 1. Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of power of eminent domain for special purposes, is amended by revising Article 4, relating to the construction and operation of petroleum pipelines and gas pipelines, as follows:
"ARTICLE 4 Part 1
22-3-80. The General Assembly finds and declares that, based on an authorized study by the Petroleum Pipeline Study Committee created by the General Assembly, while petroleum pipelines are appropriate and valuable for use in the transportation of petroleum and petroleum products, there are certain problems and characteristics indigenous to such pipelines which require the enactment and implementation of special procedures and restrictions on petroleum pipelines and related facilities as a condition of the grant of the power of eminent domain to petroleum pipeline companies. With respect to the siting and regulation of petroleum pipelines in this state, the General Assembly finds that:
(1) The natural resources, environment, and vital areas of the state are of utmost importance to the state and its citizens and the State of Georgia has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (2) State law presently grants pipeline companies the power to acquire property or interests in property through the use of eminent domain; (3) The procedures that pipeline companies are required to use to exercise such statutory powers of eminent domain have not been reviewed since the Petroleum Pipeline Study Committee created in an Act approved March 24, 1994 (Ga. L. 1994, p. 229) and abolished on January 1, 1995, studied the issue; (4) Technology has significantly advanced in the past decade and the pipeline industry has also changed; (5) The vitally important issue of land use impacts associated with pipelines that are presently in use and being developed for future use merits a detailed study by elected officials and experts in this field to ensure that the exercise of eminent domain by pipeline companies is carried out in a prudent and responsible manner consistent with this state's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; and (6) A temporary moratorium on the exercise of eminent domain powers of pipeline companies through June 30, 2017, would provide the General Assembly with time to study the need for any changes to land use controls or restrictions related to pipeline companies seeking to deliver petroleum to residents of this state or other states, including but not limited to those related to siting of pipelines, and to assess various proposals relating to the eminent domain powers that pipeline companies presently
2052
JOURNAL OF THE HOUSE
enjoy, the issuance of certain environmental permits to pipeline companies, and the enactment of additional laws to ensure the consistency of pipeline development and operation with the state's land use goals and standards.
22-3-81. As used in this article, the term:
(1) 'Commission' means the State Commission on Petroleum Pipelines created pursuant to Code Section 22-3-82. (1)(2) 'Pipeline' means a pipeline constructed or to be constructed as a common carrier in interstate or intrastate commerce for the transportation of petroleum or petroleum products in or through this state. (2)(3) 'Pipeline company' means a corporation organized under the laws of this state or which is organized under the laws of another state and is authorized to do business in this state and which is specifically authorized by its charter or articles of incorporation to construct and operate pipelines for the transportation of petroleum and petroleum products. (3)(4) 'Pipeline facility' or 'pipeline facilities' means and includes the pipeline and all equipment or facilities, including lateral lines, essential to the operation of the pipeline but shall not include any storage tank or storage facility which is not being constructed as a part of the operation of the pipeline.
22-3-82. There is created the State Commission on Petroleum Pipelines to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; three members of the Senate to be appointed by the President of the Senate; the commissioner of natural resources or his or her designee; the commissioner of community affairs or his or her designee; and five members to be appointed by the Governor, including one member who shall represent the petroleum industry and four members who shall represent a cross section of the interests of local government, business, agriculture, and conservation. The Speaker of the House of Representatives and the President of the Senate shall each select a cochairperson. The cochairpersons shall call all meetings of the commission. Administrative support for the commission shall be provided by the staff of the Office of Planning and Budget, the staff of the Department of Natural Resources, or the staff of the Department of Community Affairs, as appropriate.
22-3-83. (a) The commission shall perform the following by December 31, 2016:
(1) Examine the impacts on land associated with pipeline siting, construction, and operation, including impacts associated with potential leaks and spills; (2) Examine the current legal and regulatory structure pertinent to the protection of land uses and natural resources from impacts associated with pipeline siting, construction, and operation;
MONDAY, FEBRUARY 29, 2016
2053
(3) Examine the purposes behind and necessity of, if any, Part 2 of this article and the grant therein of eminent domain powers to pipeline companies and the siting procedures therein and weigh those with the rights of property owners affected by the use of such eminent domain powers; (4) Consider the extent to which the powers granted pipeline companies under Part 2 of this article, and more broadly the existing legal and regulatory system pertinent to the siting, construction, and operation of pipelines, are consistent with and implement Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (5) Consider legal and regulatory mechanisms by which the eminent domain powers of pipeline companies can be appropriately restricted or controlled in order to ensure siting of pipelines that is consistent with current state and local land use policies and the protection of natural resources; (6) Consider whether any changes to the siting procedures in this article are necessary to protect the residents of this state in consideration of whether the pipeline is delivering petroleum to customers inside or outside this state; (7) Prepare a report summarizing the findings of the commission and submit such report to the President of the Senate and the Speaker of the House of Representatives and to the chairpersons of each of the standing committees of the Senate and of the House of Representatives which regularly consider proposed legislation related to transportation, energy, or natural resources; and (8) Recommend to the General Assembly proposed legislation as necessary to accomplish the continuing goal of ensuring that pipeline siting, construction, and operation are consistent with and implement the State of Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas and to best serve the residents of this state. (b) The legislative members of the commission shall be entitled to receive the compensation and allowances provided for in Code Section 28-1-8. 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 may be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. Members of the commission 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 457-21, as well as the mileage or transportation allowance authorized for state employees, and the funds for payment thereof shall come from funds of the Department of Natural Resources. (c) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this part. (d) The commission shall stand abolished on January 1, 2017.
2054
JOURNAL OF THE HOUSE
Part 2
22-3-85. (a)(1) The powers of eminent domain granted by this part to pipeline companies shall be temporarily suspended starting from the effective date of this Code section through and including June 30, 2017, in order to allow the commission to complete its report and recommendations and to allow the General Assembly to act on those recommendations during the 2017 legislative session. (2) Between the effective date of this Code section and June 30, 2017: (A) No pipeline company shall exercise any eminent domain powers under this part, including, without limitation, condemning any property through the exercise of eminent domain; (B) The commissioner of transportation shall not accept any applications for or issue any certificates of public convenience and necessity provided for in Code Section 22-3-87; and (C) The Environmental Protection Division of the Department of Natural Resources shall not accept any applications for or issue any permits provided for in Code Section 22-3-88.
(b) The temporary suspension of the power of eminent domain provided in subsection (a) of this Code section shall not apply to acquisitions for the purpose of establishing the right to maintain an existing pipeline in place or to acquisitions within 200 feet of an existing pipeline for purposes of line replacements or relocations or for purposes of temporary work space for repairs of existing pipelines.
22-3-82 22-3-86. (a) Subject to the provisions and restrictions of this article part, pipeline companies are granted the right power to acquire property or interests in property by eminent domain for the construction, reconstruction, operation, and maintenance of pipelines in this state; provided, however, that prior to instigating eminent domain proceedings or threatening to do so, the pipeline company shall cause to be delivered to each landowner whose property may be condemned a written notice containing the following language in boldface type:
'CODE SECTIONS 22-3-80 22-3-86 THROUGH 22-3-87 22-3-91 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY EXERCISE THE RIGHT TO CONDEMN YOUR PROPERTY. THOSE CODE SECTIONS ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD MAKE YOURSELF FAMILIAR WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR TO CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM PIPELINE COMPANY.' (b) The restrictions and conditions imposed by this article part on the exercise of the power of eminent domain by petroleum pipeline companies shall not apply to
MONDAY, FEBRUARY 29, 2016
2055
relocations of pipelines necessitated by the exercise of a legal right by a third party or to any activities incident to the maintenance of an existing pipeline or existing pipeline right of way. A pipeline company shall have a right of reasonable access to property proposed as the site of a pipeline for the purpose of conducting a survey of the surface of such property for use in determining the suitability of such property for placement of a pipeline. (c) After obtaining the certificate of convenience and necessity provided for in Code Section 22-3-83 22-3-87 and after complying with the notice requirements set forth in subsection (a) of this Code section, a pipeline company shall have a right of reasonable access to any property proposed as the site of a pipeline for the purpose of conducting additional surveying which may be necessary in preparing its submission to the Department of Natural Resources as provided for in Code Section 22-3-84 22-3-88. (d) The owner of any property or property interest which is entered by a pipeline company for the purpose of surveying such property, as allowed in this Code section, or for access to or maintenance or relocation of an existing pipeline shall have the right to be compensated for any damage to such property incident to such entry. Any survey conducted pursuant to this article part shall be conducted in such a fashion as to cause minimal damage to the property surveyed.
22-3-83 22-3-87. (a) Before exercising the right power of eminent domain as authorized in this article part, a pipeline company shall first obtain from the commissioner of transportation or the commissioner's designee a certificate of public convenience and necessity that such action by the pipeline company is authorized. Such certificate shall not be unreasonably withheld. (b) The commissioner of transportation shall prescribe regulations pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relative to the requirements for obtaining a certificate of public convenience and necessity which shall include:
(1) A requirement that the application for such certificate shall include a description of the proposed project including its general route, a description of the public convenience and necessity which support the proposed pipeline route, the width of the proposed pipeline corridor up to a maximum width of one-third mile, and a showing that use of the power of eminent domain may be necessary to for construction of the pipeline, and a showing that the public necessity for the petroleum pipeline justifies the use of the power of eminent domain; (2) A provision for reasonable public notice of the application and the proposed route; (3) Provision for a hearing on the application and the filing and hearing of any objections to such application; (4) A requirement that all hearings shall be held and a final decision rendered on any application not later than 90 days from the date of the publication of notice required in paragraph (2) of this subsection; and
2056
JOURNAL OF THE HOUSE
(5) Such other reasonable requirements as shall be deemed necessary or desirable to a proper determination of the application. (c) In the event the application is not approved or denied within the time period provided for in paragraph (4) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law. (d) The approval and issuance of the certificate of public convenience and necessity shall not be subject to review. The denial of the certificate may be reviewed by a judge of the superior court of the county in which the pipeline company has an agent and place of doing business. The review shall be by petition filed within 30 days of the date of disapproval of the application and shall be determined on the basis of the record before the commissioner of transportation. The action of the commissioner of transportation shall be affirmed if supported by substantial evidence.
22-3-84 22-3-88. (a) In addition to obtaining a certificate as required in Code Section 22-3-83 22-3-87, a pipeline company shall, prior to the exercise of the power of eminent domain, obtain a permit from the director of the Environmental Protection Division of the Department of Natural Resources as provided in this Code section. (b) The Board of Natural Resources shall, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' issue rules and regulations governing the obtaining of the permit provided for in subsection (a) of this Code section which shall include:
(1) Reasonable public notice to an owner of property who, after reasonable efforts, cannot personally be given the notice in subsection (a) of Code Section 22-3-82 22-386; (2) Reasonable public notice of the filing of an application for a permit; (3) Provisions for hearings on all applications for such permits; and (4) A requirement that no such permit shall be granted by the division unless, prior to the construction of any portion of the petroleum pipeline project for which the use of the power of eminent domain may be required, the pipeline company has submitted the proposed siting of such portion of the pipeline project to the division with appropriate notices thereof to affected parties and unless the division director determines after a hearing that the location, construction, and maintenance of such portion of the pipeline is are consistent with and not an undue hazard to the environment and natural resources of this state, determined in accordance with the factors set forth in subsection (c) of this Code section. (c) In making the decision required by paragraph (4) of subsection (b) of this Code section, the director shall determine: (1) Whether the proposed route of such portion of the pipeline is an environmentally reasonable route; (2) Whether other corridors of public utilities already in existence may reasonably be used for the siting of such portion of the pipeline;
MONDAY, FEBRUARY 29, 2016
2057
(3) The existence of any local zoning ordinances and that such portion of the project will comply with those ordinances unless to require such compliance would impose an unreasonable burden on the project as weighed against the purpose of such ordinances; (4) That ample opportunity has been afforded for public comment, specifically including but not limited to comment by the governing body of any municipality or county within which the proposed project or any part thereof is to be located; and (5) Such reasonable conditions to the permit as will allow the monitoring of the effect of the petroleum pipeline upon the property subjected to eminent domain and the surrounding environment and natural resources. (d) In the event an application under this Code section is not approved or denied within 120 days of the date of the publication of notice required in paragraph (2) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law.
22-3-85 22-3-89. All hearings and appeals on applications for certificates and permits required under this article part shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' provided that if the final decision of the Administrative Law Judge on any appeal is not rendered within 120 days from the date of filing of a petition for review, the decision of the director shall be affirmed by operation of law; and provided further that judicial review of the approval or denial of an application under Code Section 22-3-84 22-3-88 shall be governed by Code Section 12-2-1.
22-3-86 22-3-90. When a pipeline company which has obtained the certification and permits required in this article part is unable to acquire the property or interest required for such certified or permitted project after reasonable negotiation with the owner of such property or interest, the company may acquire such property or interest by the use of the condemnation procedures authorized by Chapter 2 of this title.
22-3-87 22-3-91. If the portion of the petroleum pipeline route chosen and approved pursuant to Code Section 22-3-84 22-3-88 unreasonably impacts any other property of the same owner which is not acquired by eminent domain as a part of such portion of the project, there shall be a right of compensation available under the laws of eminent domain for the fair market value of any such damage upon the trial of the case of the parcel taken.
22-3-88. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in the State of Georgia."
2058
JOURNAL OF THE HOUSE
SECTION 2. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 4A
22-3-95. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in this state."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Burns of the 159th was excused from voting on HB 1036.
The report of the Committee, which was favorable to the passage of the Bill, 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton N Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner
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 E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England
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 Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 Y Trammell
MONDAY, FEBRUARY 29, 2016
2059
Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene
Y Kendrick Kidd
Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin N Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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 E 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.
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 6.
By Senators McKoon of the 29th, Crane of the 28th, Gooch of the 51st, Heath of the 31st, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Chapters 5, 11, and 16 of Title 40 of the O.C.G.A., relating to drivers' licenses, abandoned motor vehicles, and the Department of Driver Services, respectively, so as to provide that persons who possess a lawful alien status are the only category of noncitizens who may obtain a license, permit, or card; to require the Department of Driver Services to participate in the Records and Information from DMVs for E-Verify initiative of the United States Department of Homeland Security; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 77. By Senators Albers of the 56th, McKoon of the 29th, Stone of the 23rd, Williams of the 19th, Jackson of the 24th and others:
A BILL to be entitled an Act to amend Article 6A of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to DNA sampling, collection,
2060
JOURNAL OF THE HOUSE
and analysis, so as to provide for analysis and collection of DNA for individuals arrested and convicted of felony offenses; to revise and add definitions; to change provisions relating to time and procedure for obtaining DNA samples; to change provisions relating to expungement of profiles in the data bank; to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, and schedule of bails, so as to provide a cross-reference for purposes of DNA collections as a condition of bail; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
SB 304. By Senators Parent of the 42nd and Jones II of the 22nd:
A BILL to be entitled an Act to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to allow for the preservation of a person's involuntary hospitalization information received by the Georgia Crime Information Center; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 328. By Senators Jones of the 10th, Sims of the 12th, Davenport of the 44th, Jackson of the 2nd, Seay of the 34th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that students who are subject to compulsory attendance shall not be assigned to an alternative education program for more than two semesters; to provide for students to remain in an alternative education program at their option; to remove the funding cap on alternative education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 346. By Senators Beach of the 21st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 12-16-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Environmental Policy Act," so as to exempt projects for the construction or improvement of public roads from environmental effects reports in certain instances; to provide for related matters; to repeal conflicting laws; and for other purposes.
MONDAY, FEBRUARY 29, 2016
2061
SB 355. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Hill of the 6th, Williams of the 27th, Martin of the 9th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Student/Teacher Protection Act"; to end punitive testing consequences for both teachers and students related to federal, state, and locally mandated standardized assessments; to prevent truancy or referrals to the Division of Family and Children Services for absenteeism during standardized testing windows for federal, state, and locally mandated standardized assessments unless a student already has a chronic history of truancy; 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 389. By Senators Hill of the 6th, Williams of the 19th, Hill of the 32nd and Williams of the 27th:
A BILL to be entitled an Act to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to temporary assistance for needy families, so as to provide for an exception to lifetime maximum assistance; to revise provisions regarding rules and regulations; to provide for a cash diversion program; to provide for intervention for a recipient who fails to comply with the work activity requirement; to revise penalties for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, A.M., Wednesday, March 2, 2016, 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., Wednesday, March 2, 2016.
2062
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Wednesday, March 2, 2016
Thirty-First Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison E Atwood Ballinger Barr Battles E Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell E Carson Carter, A Carter, D Chandler Cheokas Clark, D Clark, H
Clark, V Coleman Cooke Coomer Corbett Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick Gordon
Gravley Greene Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. E Jones, L Kaiser Kelley Kendrick Kidd LaRiccia Lott Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Metze Mitchell Morris Mosby Nimmer Nix Oliver Parrish Peake E Petrea Pezold Pirkle Powell, J Price Prince Quick Rakestraw E Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T E Rutledge Rynders Scott E Setzler Sharper Shaw E Sims Smith, E
Smith, L E Smith, M
Smith, R Smyre Spencer Stephens, M Stephenson Stovall E Stover Strickland Tankersley Tanner Tarvin Taylor, D Teasley E Thomas, A.M. E Thomas, E Trammell Turner Waites Watson Welch E Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williamson Yates Ralston, Speaker
The following members were off the floor of the House when the roll was called:
Representatives Casas of the 107th, Cooper of the 43rd, Dawkins-Haigler of the 91st, Floyd of the 99th, Jordan of the 77th, Kirby of the 114th, Knight of the 130th, Lumsden
WEDNESDAY, MARCH 2, 2016
2063
of the 12th, Parsons of the 44th, Powell of the 32nd, Pruett of the 149th, and Taylor of the 79th.
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.
The following communication was received:
House of Representatives 245 State Capitol
Atlanta, Georgia 30334
March 2, 2016
Mr. Bill Reilly Clerk of the House 309 State Capitol Atlanta, Georgia 30334
Mr. Reilly,
My machine malfunctioned on February 29, 2016 when I attempted to put my vote in for HB 725. I would like a YES vote for HB 725.
Sincerely,
/s/ Penny Houston Representative Penny Houston Georgia House District 170
2064
JOURNAL OF THE HOUSE
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 1101. By Representative Parrish of the 158th:
A BILL to be entitled an Act to authorize the governing authority of the Board of Commissioners of Jenkins 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 1102. By Representatives Dudgeon of the 25th, Gilligan of the 24th, Duncan of the 26th, Cantrell of the 22nd and Tanner of the 9th:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from all Forsyth County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district, approved April 19, 2000 (Ga. L. 2000, p. 4268), so as to revise the eligibility of residents for such homestead exemption; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
WEDNESDAY, MARCH 2, 2016
2065
HB 1103. By Representative Kendrick of the 93rd:
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 the regulation of land use; to provide for the completion of an audit by an outside auditor; to provide for purchases without sealed bid through an existing contract or schedule with the State of Georgia or the federal government; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1104. By Representatives Smyre of the 135th, Hugley of the 136th, Smith of the 134th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to revise the homestead exemption for Muscogee County formerly provided for by a local constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926), which local constitutional amendment was continued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution and provides for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes; 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 1105. By Representatives Carson of the 46th, Cantrell of the 22nd, Ballinger of the 23rd, Caldwell of the 20th and Turner of the 21st:
A BILL to be entitled an Act to authorize the governing authority of Cherokee 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.
2066
JOURNAL OF THE HOUSE
HB 1106. By Representatives Clark of the 98th and Coleman of the 97th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, approved May 14, 2003 (Ga. L. 2003, p. 3546), so as to change provisions relating to municipal property ownership; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1107. By Representatives Bentley of the 139th and Beverly of the 143rd:
A BILL to be entitled an Act to amend Chapter 84 of Title 36 of the Official Code of Georgia Annotated, relating to local government purchasing preferences, so as to require each municipality, county, school district, or other local governmental unit or political subdivision to utilize a competitive bidding process for certain contracts over a certain value; to provide for procedures, conditions, and limitations; to require the publication and maintenance of certain information related to such contracts; to provide a definition; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1108. By Representatives Shaw of the 176th, Corbett of the 174th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act to create the Waycross and Ware County Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to provide for the composition, qualifications, appointment, filling of vacancies, terms and limits thereon, officers, and compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1109. By Representatives Setzler of the 35th, Ehrhart of the 36th, Reeves of the 34th, Carson of the 46th, Cooper of the 43rd and others:
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 May 12, 2015 (Ga. L. 2015, p. 4201), so as to adopt by reference a certain map; to repeal conflicting laws; and for other purposes.
WEDNESDAY, MARCH 2, 2016
2067
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1110. By Representative Dickey of the 140th:
A BILL to be entitled an Act to provide for the unified government of Roberta-Crawford County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, compensation, and filling of vacancies; to provide for associated offices, departments, agencies, and personnel; 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 1111. By Representatives Setzler of the 35th, Reeves of the 34th, Ehrhart of the 36th and Parsons of the 44th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, so as to revise the powers and duties of the mayor; to provide for the removal of officers under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1555. By Representatives Beskin of the 54th, Bruce of the 61st and Wilkinson of the 52nd:
A RESOLUTION creating the House Study Committee on Homestead Exemptions Impacting City of Atlanta Residents; and for other purposes.
Referred to the Committee on Special Rules.
HR 1563. By Representatives Shaw of the 176th, Werkheiser of the 157th, Corbett of the 174th, Spencer of the 180th, Watson of the 172nd and others:
A RESOLUTION recognizing Mr. Kenny Boyett and dedicating the woodshop building on the grounds of Ware State Prison in his honor; and for other purposes.
Referred to the Committee on State Properties.
2068
JOURNAL OF THE HOUSE
HR 1564. By Representatives Clark of the 98th, Kelley of the 16th, Jackson of the 128th, Clark of the 101st, Thomas of the 39th and others:
A RESOLUTION encouraging each local board of education, governing body of a nonpublic school, and governing body of a charter school to adopt and implement a sudden cardiac arrest and return to play policy and encouraging the Department of Public Health to endorse one or more sudden cardiac arrest prevention education courses; and for other purposes.
Referred to the Committee on Education.
HR 1573. By Representatives Dollar of the 45th, Stephens of the 164th, Dempsey of the 13th, Fludd of the 64th, Shaw of the 176th and others:
A RESOLUTION creating the House Study Committee on Music Festival Tax Credits; and for other purposes.
Referred to the Committee on Special Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1098 HB 1100 HR 1542 HR 1554 SB 269 SB 327 SB 333 SB 345 SB 364 SB 369 SB 379 SR 730 SR 863 SR 883 SR 956 SR 1027 SR 1038
HB 1099 HR 1541 HR 1553 SB 226 SB 274 SB 332 SB 335 SB 347 SB 366 SB 374 SB 383 SR 809 SR 876 SR 892 SR 978 SR 1029
WEDNESDAY, MARCH 2, 2016
2069
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 2, 2016
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 979
House Study Committee on Programs That Provide Services for the Reading to the Blind and the Visually Impaired; create (SRules-Houston170th)
Modified Open Rule
HR 978 HR 1135 HR 1341
House Study Committee on Historic Site Preservation; create (SRulesBuckner-137th) House Study Committee on Base Realignment and Closure; create (SRulesBelton-112th) House Study Committee on Professional Employer Organizations; create (SRules-Smith-134th)
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 and Resolutions of the Senate were read the first time and referred to the Committees:
SB 6.
By Senators McKoon of the 29th, Crane of the 28th, Gooch of the 51st, Heath of the 31st, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Chapters 5, 11, and 16 of Title 40 of the O.C.G.A., relating to drivers' licenses, abandoned motor vehicles, and the Department of Driver Services, respectively, so as to provide that persons
2070
JOURNAL OF THE HOUSE
who possess a lawful alien status are the only category of noncitizens who may obtain a license, permit, or card; to require the Department of Driver Services to participate in the Records and Information from DMVs for EVerify initiative of the United States Department of Homeland Security; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
SB 77.
By Senators Albers of the 56th, McKoon of the 29th, Stone of the 23rd, Williams of the 19th, Jackson of the 24th and others:
A BILL to be entitled an Act to amend Article 6A of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to DNA sampling, collection, and analysis, so as to provide for analysis and collection of DNA for individuals arrested and convicted of felony offenses; to revise and add definitions; to change provisions relating to time and procedure for obtaining DNA samples; to change provisions relating to expungement of profiles in the data bank; to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, and schedule of bails, so as to provide a cross-reference for purposes of DNA collections as a condition of bail; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 206. By Senator Ligon, Jr. of the 3rd:
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 revise provisions relating to water liens; to provide for procedures for water liens, amended water liens, and cancellation of water liens and the forms therefor; to provide for bonds; to provide for contest of liens; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 304. By Senators Parent of the 42nd and Jones II of the 22nd:
A BILL to be entitled an Act to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI
WEDNESDAY, MARCH 2, 2016
2071
in conjunction with the National Instant Criminal Background Check System, so as to allow for the preservation of a person's involuntary hospitalization information received by the Georgia Crime Information Center; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 310. By Senators Ligon, Jr. of the 3rd, Martin of the 9th, Hill of the 6th, Shafer of the 48th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to prohibit the implementation of certain grants affecting education policy regarding pre-kindergarten through grade 12 education until a written analysis is provided and the grant terms are ratified by the General Assembly; to provide for a definition; 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 328. By Senators Jones of the 10th, Sims of the 12th, Davenport of the 44th, Jackson of the 2nd, Seay of the 34th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that students who are subject to compulsory attendance shall not be assigned to an alternative education program for more than two semesters; to provide for students to remain in an alternative education program at their option; to remove the funding cap on alternative education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 336. By Senators Black of the 8th, Hufstetler of the 52nd, Jones of the 10th and Lucas of the 26th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 47 of the O.C.G.A., related to retirement plans of the Georgia Municipal Employees Benefit System, so as to permit governing bodies of municipal corporations to enact plans or join a master plan by resolution in addition to
2072
JOURNAL OF THE HOUSE
ordinance; to designate a board of trustees for a master plan; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 346. By Senators Beach of the 21st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 12-16-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Environmental Policy Act," so as to exempt projects for the construction or improvement of public roads from environmental effects reports in certain instances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 355. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Hill of the 6th, Williams of the 27th, Martin of the 9th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Student/Teacher Protection Act"; to end punitive testing consequences for both teachers and students related to federal, state, and locally mandated standardized assessments; to prevent truancy or referrals to the Division of Family and Children Services for absenteeism during standardized testing windows for federal, state, and locally mandated standardized assessments unless a student already has a chronic history of truancy; 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 Education.
SB 357. By Senators Williams of the 27th, Ligon, Jr. of the 3rd, McKoon of the 29th and Crane of the 28th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to standards for local board of education members; to provide that establishing a code of ethics is in the discretion of the local board of education; to eliminate required training for local board of education members; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, MARCH 2, 2016
2073
Referred to the Committee on Education.
SB 375. By Senators Gooch of the 51st, Albers of the 56th, Williams of the 27th, Parent of the 42nd, Jones of the 10th and others:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide certain requirements and standards for the incorporation of new municipal corporations; to require a financial viability, fiscal impact, and service delivery study; to prohibit the creation of unincorporated islands; to provide for special districts to amortize obligations; to require referendum approval; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 378. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relative 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 change the composition of the governing authority; to abolish the office of chief executive officer; to provide for a commission chairperson to be elected at large; to shorten certain terms of office; to provide for elections and new terms of office; to provide for term limits; to provide for a county manager; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 385. By Senator Hill of the 32nd:
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 relative to physicians, assistants, and others, so as to provide for certain requirements for advertisement or publication of representations of board certification by physicians; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
2074
JOURNAL OF THE HOUSE
SB 389. By Senators Hill of the 6th, Williams of the 19th, Hill of the 32nd and Williams of the 27th:
A BILL to be entitled an Act to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to temporary assistance for needy families, so as to provide for an exception to lifetime maximum assistance; to revise provisions regarding rules and regulations; to provide for a cash diversion program; to provide for intervention for a recipient who fails to comply with the work activity requirement; to revise penalties for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 402. By Senators Mullis of the 53rd, Burke of the 11th, Harper of the 7th and Watson of the 1st:
A BILL to be entitled an Act to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide for a moratorium on the issuance of new licenses to narcotic treatment programs; to create the State Commission on Narcotic Treatment Programs; to provide legislative findings and intent; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the acceptance of applications and issuing of licenses for narcotic treatment programs for a certain period; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SB 404. By Senators Harper of the 7th, Albers of the 56th, Dugan of the 30th, Jones II of the 22nd, Watson of the 1st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to revise provisions for the off-duty use of motor vehicles by certain law enforcement officers of the department relative to approved off-duty employment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
WEDNESDAY, MARCH 2, 2016
2075
SB 409. By Senators VanNess of the 43rd, Shafer of the 48th, Unterman of the 45th, Rhett of the 33rd, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to require every public school to post a sign containing the toll-free telephone number operated by the Division of Family and Children Services of the Department of Human Services to receive reports of child abuse or neglect; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 416. By Senators Cowsert of the 46th, Harbison of the 15th, Harper of the 7th, Thompson of the 14th and Dugan of the 30th:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia Information Sharing and Analysis Center within the Georgia Bureau of Investigation; to provide for a fusion center for the sharing and analysis of homeland security activity information; to provide for definitions; to provide for operations and responsibilities; to provide for membership; to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to Georgia Emergency Management Agency created, director, staff, offices, director's duties, and disaster coordinator, so as to expand the duties of the director of emergency management; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
SB 417. By Senators Mullis of the 53rd, Gooch of the 51st, Beach of the 21st and Ginn of the 47th:
A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the "Georgia Film and Television Trail Act"; to provide for a short title; to provide for definitions; to provide for a purpose; to provide for the Department of Economic Development to plan and develop the trail; to provide for policies; to provide for the Department of Transportation to place trail signs designed in conjunction with the Department of Economic Development; to provide for certain immunities; to provide for related matters; to repeal conflicting laws; and for other purposes.
2076
JOURNAL OF THE HOUSE
Referred to the Committee on Economic Development & Tourism.
SB 420. By Senators Tippins of the 37th, Hill of the 32nd, Unterman of the 45th, Jones of the 25th and Thompson of the 14th:
A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require referendum approval prior to the expenditure of public funds for the establishment of a fixed guideway transit; to provide for definitions; to provide for submission of the question to qualified voters; to provide for ballot language; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SR 388. By Senators Heath of the 31st, Shafer of the 48th, Cowsert of the 46th, Ligon, Jr. of the 3rd, Mullis of the 53rd and others:
A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or faith based organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.
SR 604. By Senators Heath of the 31st, Hill of the 32nd, Crane of the 28th, Harbin of the 16th, Millar of the 40th and others:
A RESOLUTION proposing an amendment to the Constitution so as to prohibit the levy of state ad valorem taxes; to provide for applicability; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
SR 675. By Senators McKoon of the 29th, Gooch of the 51st, Crane of the 28th, Ginn of the 47th, Harbin of the 16th and others:
A RESOLUTION Proposing an amendment to the Constitution so as to declare English as the official language of the State of Georgia; and for other purposes.
WEDNESDAY, MARCH 2, 2016
2077
Referred to the Committee on Judiciary.
SR 756. By Senators Hill of the 32nd, Hill of the 6th, Ligon, Jr. of the 3rd, Williams of the 27th, Gooch of the 51st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for prioritized funding requirements regarding certain appropriations Acts; to provide for procedures, conditions, and limitations; 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.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Stephens of the 164th et al., Coleman of the 97th, Chandler of the 105th et al., Mabra of the 63rd, Stovall of the 74th et al., Cheokas of the 138th et al., Gardner of the 57th, Powell of the 32nd, and Abrams of the 89th.
Pursuant to HR 1359, the House commended the Colquitt County Packers football team for winning the 2015 Class AAAAAA State Championship and National Rankings.
Pursuant to HR 1443, the House recognized March 2, 2016, as Georgia Southwestern State University Day at the capitol.
Pursuant to HR 1497, the House recognized March 2, 2016, as Georgia Music Day at the state capitol.
Pursuant to HR 1503, the House honored the first grade classes of Elm Street Elementary School for their successful class project, Sugar Kids Beauty.
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 Governmental Affairs:
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;
2078
JOURNAL OF THE HOUSE
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 Resolutions of the House were taken up for consideration and read the third time:
HR 978. By Representatives Buckner of the 137th, Coleman of the 97th, Greene of the 151st, Trammell of the 132nd, Benton of the 31st and others:
A RESOLUTION creating the House Study Committee on Historic Site Preservation; 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson Y Carter, A Y Carter, D Y Casas Y Chandler
Y Cooke 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 Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan
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 Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake E Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T E 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. 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
WEDNESDAY, MARCH 2, 2016
2079
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Scott E Setzler Y Sharper Y Shaw E Sims
Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 159, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 1135. By Representatives Belton of the 112th, Rynders of the 152nd, Blackmon of the 146th, Williams of the 168th, Clark of the 147th and others:
A RESOLUTION creating the House Study Committee on Base Realignment and Closure; 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell E Carson Y Carter, A Y Carter, D
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 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 Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake E Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T
Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y 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
Werkheiser Y Wilkerson Y Wilkinson
2080
JOURNAL OF THE HOUSE
Y Casas Y Chandler Y Cheokas
Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Marin Y Martin
Maxwell Y Mayo Y McCall Y McClain Y Meadows
E Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw E Sims
Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 979. By Representatives Houston of the 170th, Ehrhart of the 36th, Tankersley of the 160th, Oliver of the 82nd, Efstration of the 104th and others:
A RESOLUTION creating the House Study Committee on Programs That Provide Services for the Reading to the Blind and the Visually Impaired; 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon
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 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 Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake E Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey E Randall Y Reeves
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. E Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
WEDNESDAY, MARCH 2, 2016
2081
Y Cantrell E Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Rhodes Y Rice Y Rogers, C Y Rogers, T E Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw E Sims
Y Weldon E Werkheiser Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 1341. By Representative Smith of the 134th:
A RESOLUTION creating the House Study Committee on Professional Employer Organizations; 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton E Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
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 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 Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake E Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey E Randall
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. E Thomas, E Y Trammell Y Turner Y Waites Y Watson
2082
JOURNAL OF THE HOUSE
Y Cannon Y Cantrell E Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T E Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw E Sims
Y Welch Y Weldon E Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E 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.
By unanimous consent, the following Bill and Resolution of the House were withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HB 677. By Representatives Stephens of the 164th, Rogers of the 29th, Harbin of the 122nd, Evans of the 42nd and Marin of the 96th:
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.
HR 807. By Representatives Stephens of the 164th, Rogers of the 29th, Harbin of the 122nd, Evans of the 42nd, 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 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.
The following Resolutions of the House were read and adopted:
HR 1578. By Representatives Mayo of the 84th, Mitchell of the 88th, Stephens of the 165th and Gordon of the 163rd:
A RESOLUTION recognizing and commending The Asperger Spirit, Inc.; and for other purposes.
WEDNESDAY, MARCH 2, 2016
2083
HR 1579. By Representatives Jordan of the 77th, Scott of the 76th, Douglas of the 78th, Glanton of the 75th, Mabra of the 63rd and others:
A RESOLUTION honoring the life and memory of Major Gregory E. Barney; and for other purposes.
HR 1580. By Representatives Gardner of the 57th and Douglas of the 78th:
A RESOLUTION honoring and recognizing the Nagorno Karabakh Republic; and for other purposes.
HR 1581. By Representative Tankersley of the 160th:
A RESOLUTION commending and congratulating Jim Grubiak; and for other purposes.
HR 1582. By Representatives Stovall of the 74th, Mabra of the 63rd, Scott of the 76th, Waites of the 60th and Glanton of the 75th:
A RESOLUTION commending Ms. Petula Samuels-Felicien; and for other purposes.
HR 1583. By Representatives Bennett of the 80th, Kendrick of the 93rd and Holcomb of the 81st:
A RESOLUTION recognizing Oglethorpe University and commending its student leaders; and for other purposes.
HR 1584. By Representatives Bennett of the 80th, Duncan of the 26th, Reeves of the 34th, Brockway of the 102nd, Mabra of the 63rd and others:
A RESOLUTION recognizing and commending Mr. Calvin Johnson, Jr.; and for other purposes.
HR 1585. By Representatives Jones of the 167th, Atwood of the 179th and Wilkinson of the 52nd:
A RESOLUTION commending Eva Purdy; and for other purposes.
HR 1586. By Representatives Beasley-Teague of the 65th and Scott of the 76th:
A RESOLUTION recognizing Destiny Christian Center International on the grand occasion of its 10th anniversary; and for other purposes.
2084
JOURNAL OF THE HOUSE
HR 1587. By Representatives Beasley-Teague of the 65th and Scott of the 76th:
A RESOLUTION honoring the life and memory of Mrs. Althea Milton; and for other purposes.
HR 1588. By Representative Marin of the 96th:
A RESOLUTION recognizing and commending Emprendedores Latinos USA; and for other purposes.
HR 1589. By Representatives Evans of the 42nd and Wilkerson of the 38th:
A RESOLUTION recognizing the life and works of "Mother" Louise Cooper; and for other purposes.
HR 1590. By Representatives Abrams of the 89th, Ralston of the 7th, Burns of the 159th, Smyre of the 135th, Hugley of the 136th and others:
A RESOLUTION honoring the life and memory of Representative Robert "Bob" Bryant; and for other purposes.
HR 1591. By Representatives Stephens of the 165th, Stephens of the 164th, Gordon of the 163rd, Williams of the 168th, Smyre of the 135th and others:
A RESOLUTION honoring the life and memory of Robert "Bob" Bryant; and for other purposes.
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 309 Do Pass
Respectfully submitted, /s/ Coleman of the 97th
Chairman
WEDNESDAY, MARCH 2, 2016
2085
The following communication was received:
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 162 has become vacant due to the passing of Representative Bob Bryant.
Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, March 29, 2016, to fill the vacancy in District 162 of the Georgia House of Representatives.
This 29th day of February, 2016.
/s/ Nathan Deal Governor
Representative Burns of the 159th 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 7, 2016.
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 7, 2016.
2086
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Monday, March 7, 2016
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 E Allison E Atwood Ballinger Battles E Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Cannon Cantrell Carson Carter, A Carter, D Chandler E Cheokas Clark, D Clark, H Clark, V Coleman
Cooke Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickey Dickson Dollar Douglas E Drenner Dudgeon Duncan Ealum Efstration Ehrhart England Epps Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Greene Harrell
Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard E Hugley Jackson Jasperse Jones, J Jones, J.B. E Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Metze Mitchell E Morris Mosby Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea E Pezold Pirkle Powell, A Powell, J Price Prince Quick Rakestraw Ramsey Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sims
Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall E Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, E Trammell Turner Waites Watson 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 Barr of the 103rd, Caldwell of the 20th, Casas of the 107th, Dickerson of the 113th, Dukes of the 154th, Dunahoo of the 30th, Golick of the 40th, Harden of the 148th, Kirby of the 114th, Pruett of the 149th, Raffensperger of the 50th,
MONDAY, MARCH 7, 2016
2087
Randall of the 142nd, Smyre of the 135th, Stephenson of the 90th, Thomas of the 56th, and Welch of the 110th.
They wished to be recorded as present.
Prayer was offered by Reverend James Wright, Jr., Pastor, Zion Hill Baptist Church Truth Center, Douglasville, Georgia.
The members pledged allegiance to the flag.
Representative Williams of the 119th, member 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 1112. By Representative Kendrick of the 93rd:
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 the
2088
JOURNAL OF THE HOUSE
regulation of land use; to provide for the completion of an audit by an outside auditor; to provide for purchases without sealed bid through an existing contract or schedule with a county, municipality, the State of Georgia or the federal government; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1113. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), so as to clarify the qualifications for participation in such health insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1114. 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); to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1115. By Representatives Henson of the 86th, Drenner of the 85th, Oliver of the 82nd, Taylor of the 79th, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act to make provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended, so as to allow for service of a citation for or accusation of a violation of an ordinance concerning the condition of real property by leaving a copy at the premises where the violation is allegedly to have occurred, mailing a copy to the owner of the premises, and filing with the
MONDAY, MARCH 7, 2016
2089
clerk of the magistrate court; to limit sanctions for violations when such form of service is used; to provide for related matters; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1116. By Representatives Oliver of the 82nd, Holcomb of the 81st, Bennett of the 80th, Stephenson of the 90th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 3, 2015 (Ga. L. 2015, p. 3501), so as to provide for the payment of costs in such court; to provide for a failure to appear fee in such court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1575. By Representative Gardner of the 57th:
A RESOLUTION recognizing the importance of water to the State of Georgia and urging support for future investments in water and wastewater systems; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 1576. By Representatives Hawkins of the 27th, Rogers of the 29th, Smith of the 134th, Harden of the 148th, Dunahoo of the 30th and others:
A RESOLUTION creating the House Study Committee on the Pricing of Prescription Drugs; and for other purposes.
Referred to the Committee on Special Rules.
HR 1577. By Representatives Thomas of the 56th, Stephens of the 164th, Abrams of the 89th, Dukes of the 154th, Dawkins-Haigler of the 91st and others:
A RESOLUTION creating the House Study Committee on Georgia Minority Participation in the Film and Television Production Industry; and for other purposes.
2090
JOURNAL OF THE HOUSE
Referred to the Committee on Special Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1101 HB 1103 HB 1105 HB 1107 HB 1109 HB 1111 HR 1563 HR 1573 SB 77 SB 304 SB 328 SB 346 SB 357 SB 378 SB 389 SB 404 SB 416 SB 420 SR 604 SR 756
HB 1102 HB 1104 HB 1106 HB 1108 HB 1110 HR 1555 HR 1564 SB 6 SB 206 SB 310 SB 336 SB 355 SB 375 SB 385 SB 402 SB 409 SB 417 SR 388 SR 675
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, MARCH 7, 2016
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
Modified Open Rule
SB 283
Accounting for Public Funds; provide multibank pooling of depositories for acceptance of deposits of public funds from public bodies (B&BWilliamson-115th) Kennedy-18th
MONDAY, MARCH 7, 2016
2091
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 412. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Hancock County and to provide for its powers and duties, approved April 20, 2011 (Ga. L. 2011, p. 3710), so as to change the manner of appointment of the board; to change the manner of selection of the chairperson; to provide for the continuation in office of the current members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 421. By Senators Butler of the 55th, Parent of the 42nd, Henson of the 41st, Davenport of the 44th and Jones of the 10th:
A BILL to be entitled an Act to create the DeKalb County Charter Review Commission; to provide for its membership, officers, purpose, meetings, hearings, functions, powers, expenses, and duties; to provide for a final report; to provide for the abolishment of such commission; to provide for definitions; 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 890. By Representative Werkheiser of the 157th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved
2092
JOURNAL OF THE HOUSE
April 11, 2002 (Ga. L. 2002, p. 3922), so as to stagger the terms of the members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1020. By Representatives Trammell of the 132nd and Nix of the 69th:
A BILL to be entitled an Act to provide a new charter for the City of Hogansville; to provide for incorporation and boundaries; 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.
HB 1038. By Representatives Rhodes of the 120th and Kidd of the 145th:
A BILL to be entitled an Act to authorize the governing authority of the City of Eatonton 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 1042. By Representative Kelley of the 16th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1044. By Representatives Corbett of the 174th, Carter of the 175th, Shaw of the 176th and Sharper of the 177th:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia providing for the election of the Board of Tax Assessors of Lowndes County and thereby end the elective terms of members of the Board of Tax Assessors of Lowndes County on December 31, 2020; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; 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:
MONDAY, MARCH 7, 2016
2093
HB 857. By Representatives Fleming of the 121st and Jackson of the 128th:
A BILL to be entitled an Act to provide a homestead exemption from McDuffie County school district ad valorem taxes for educational purposes in the amount of half the assessed value of the homestead for residents of that school district who are 70 years of age or older and in the full amount of the assessed value of the homestead for residents of that school district who are 75 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 Committee:
SB 412. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Hancock County and to provide for its powers and duties, approved April 20, 2011 (Ga. L. 2011, p. 3710), so as to change the manner of appointment of the board; to change the manner of selection of the chairperson; to provide for the continuation in office of the current 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.
SB 421. By Senators Butler of the 55th, Parent of the 42nd, Henson of the 41st, Davenport of the 44th and Jones of the 10th:
A BILL to be entitled an Act to create the DeKalb County Charter Review Commission; to provide for its membership, officers, purpose, meetings, hearings, functions, powers, expenses, and duties; to provide for a final report; to provide for the abolishment of such commission; to provide for definitions; 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:
2094
JOURNAL OF THE HOUSE
Representatives Wilkinson of the 52nd et al., Kidd of the 145th, Randall of the 142nd, Stovall of the 74th, Mabra of the 63rd, Dawkins-Haigler of the 91st et al., Harden of the 148th, Buckner of the 137th, Williams of the 168th, and Burns of the 159th.
Pursuant to HR 1532, the House recognized and commended the Georgia Southern University Eagles.
Pursuant to HR 1556, the House congratulated the Allatoona High School Buccaneer football team on winning the GHSA AAAAA State Championship.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Ballinger of the 23rd.
Pursuant to HR 1584, the House recognized and commended Mr. Calvin Johnson, Jr.
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 283. By Senators Kennedy of the 18th, Jones of the 25th, Miller of the 49th, Stone of the 23rd, Rhett of the 33rd and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, so as to provide for multibank pooling of depositories for the acceptance of deposits of public funds from public bodies; to provide for definitions, procedures, conditions, and limitations on the establishment of such pools; to provide for multiple effective dates; 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 E Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton
Y Cooke Y Coomer Y Cooper Y Corbett
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Metze Y Mitchell E Morris
Mosby Y Nimmer Y Nix Y Oliver 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
Stephenson
MONDAY, MARCH 7, 2016
2095
Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Houston Y Howard Y Hugley
Jackson 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 Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Parsons Y Peake Y Petrea E Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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 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 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
House of Representatives Coverdell Office Building, Room 509-A
Atlanta, Georgia 30334
March 7, 2016
SB 283
I would have voted green.
Thank you!
/s/ Beasley-Teague 65th
Representative Gardner of the 57th asked unanimous consent that the following Resolution of the House be withdrawn:
2096
JOURNAL OF THE HOUSE
HR 1574. By Representatives Gardner of the 57th and Douglas of the 78th:
A RESOLUTION encouraging the support of Nagorno Karabakh Republic's democratic aspirations; and for other purposes.
It was so ordered.
Representative Dudgeon of the 25th moved that the following Bill of the Senate be withdrawn from the Committee on Higher Education and recommitted to the Committee on Education:
SB 348. By Senators Tippins of the 37th, Cowsert of the 46th, Wilkinson of the 50th, Williams of the 27th and Sims of the 12th:
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 college and career academies as charter schools or as schools within a strategic waivers school system or charter system; to provide for requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 1593. By Representatives Abrams of the 89th, Hugley of the 136th, Mosby of the 83rd and Jackson of the 128th:
A RESOLUTION recognizing and commending CHRIS Kids for its 35 year commitment and leadership in Georgia; and for other purposes.
HR 1594. By Representatives Williams of the 119th, Rice of the 95th, Frye of the 118th and Quick of the 117th:
A RESOLUTION congratulating Bailey Tardy on being named to the U.S. Curtis Cup team; and for other purposes.
HR 1595. By Representative Greene of the 151st:
A RESOLUTION recognizing and commending Checker Cab Company; and for other purposes.
HR 1596. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
MONDAY, MARCH 7, 2016
2097
A RESOLUTION commending Lindsey Kinsella, Mary Persons High School's 2016 STAR Student; and for other purposes.
HR 1597. By Representative Williamson of the 115th:
A RESOLUTION commending Blake Heard, George Walton Academy's 2016 STAR Student; and for other
HR 1598. By Representative Williamson of the 115th:
A RESOLUTION recognizing and commending the Social Circle High School wrestling team; and for other purposes.
HR 1599. By Representative Williamson of the 115th:
A RESOLUTION commending Luke Udell, Social Circle High School's 2016 STAR Student; and for other
HR 1600. By Representatives Williamson of the 115th and Kirby of the 114th:
A RESOLUTION honoring the Walton County Department of Family and Children Services Foster Parent Association and its leadership; and for other purposes.
HR 1601. By Representative Williamson of the 115th:
A RESOLUTION commending Anna Batchelor, Walnut Grove High School's 2016 STAR Student; and for other purposes.
HR 1602. By Representatives Bryant of the 162nd, Gordon of the 163rd, Hitchens of the 161st, Williams of the 168th, Smyre of the 135th and others:
A RESOLUTION honoring the life and memory of Representative Dorothy Mae Barnes-Pelote; and for other purposes.
HR 1603. By Representative Jones of the 53rd:
A RESOLUTION recognizing Lithangia Veronica Murray; and for other purposes.
2098
JOURNAL OF THE HOUSE
HR 1604. By Representative Williamson of the 115th:
A RESOLUTION commending and congratulating Daniel Fogie; and for other purposes.
Representative Rogers of the 29th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 18 SB 58
Do Pass Do Pass
Respectfully submitted, /s/ Rogers of the 29th
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 274 Do Pass
Respectfully submitted, /s/ Pruett of the 149th
Chairman
Representative Burns of the 159th 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 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, MARCH 8, 2016
2099
Representative Hall, Atlanta, Georgia
Tuesday, March 8, 2016
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 E Allison Atwood Ballinger Barr Battles Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell Carson Carter, A Carter, D E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman
Cooke Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton E Golick Gordon
Gravley Greene 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 Kendrick Kidd Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall
McClain Meadows Metze Mitchell Morris Mosby Nimmer Nix Oliver Parrish Parsons Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall E 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 Ralston, Speaker
The following members were off the floor of the House when the roll was called:
2100
JOURNAL OF THE HOUSE
Representatives Blackmon of the 146th, Jordan of the 77th, Kirby of the 114th, Pak of the 108th, Peake of the 141st, Randall of the 142nd, Reeves of the 34th, and Setzler of the 35th.
They wished to be recorded as present.
Prayer was offered by Pastor Spencer Nix, Isaac's Keep Church, Canton, 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 1117. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th:
A BILL to be entitled an Act to amend an Act creating the Downtown Athens Development Authority, approved March 23, 1977 (Ga. L. 1977, p. 3533), as amended, which authority was created pursuant to an amendment to the Constitution as contained in Ga. L. 1975, p. 1698, and amended by Ga. L.
TUESDAY, MARCH 8, 2016
2101
1976, p. 1912; to define and create the Downtown Athens Area; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1118. By Representative Jackson of the 128th:
A BILL to be entitled an Act to provide for the filling of vacancies on the Washington County Hospital Authority; to provide for the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1119. By Representatives Petrea of the 166th, Stephens of the 164th, Hitchens of the 161st, Stephens of the 165th and Gordon of the 163rd:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Chatham County; to provide that the person currently serving as elected county surveyor shall serve the remainder of his or her term; 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 1120. By Representative Burns of the 159th:
A BILL to be entitled an Act to authorize the governing authority of the Board of Commissioners of Screven 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 1121. By Representatives Pezold of the 133rd and Buckner of the 137th:
A BILL to be entitled an Act to amend an Act to provide for a new charter for the City of Hamilton, approved April 10, 2014 (Ga. L. 2014, p. 4118), so as to change provisions related to residing or being a resident of the city to being domiciled in such city; to provide that the failure of the mayor to regularly attend city council meetings shall be considered forfeiture of office;
2102
JOURNAL OF THE HOUSE
to eliminate the position of the city manager; to transfer certain duties from the city manager to the mayor; to fix a cross-reference; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1122. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to create a board of elections and registration for Oglethorpe County; to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members and an elections supervisor; to provide for the qualifications, terms, and removal of members; to provide for vacancies; to provide for oaths and privileges; to provide for the conduct of primaries and elections; to provide for meetings; to authorize the conduct of municipal elections; to allow for joint primaries; to authorize expenditure of public funds; to provide compensation for board members; to provide for offices, supplies, and other materials; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1123. By Representatives Blackmon of the 146th, Clark of the 147th, Harden of the 148th, Epps of the 144th and Dickey of the 140th:
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), as amended, particularly by an Act approved May 12, 2015 (Ga. L. 2015, p. 4161), so as to identify the projects or tourism product development purposes and specify the allocation of proceeds of the excise tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1124. By Representative Pirkle of the 155th:
A BILL to be entitled an Act to reconstitute the Ocilla-Irwin County Industrial Development Authority; to provide for powers, authority, funds, purposes, and procedures connected therewith; to repeal the amendment to the Constitution of Georgia creating the previous Ocilla-Irwin County Industrial Development Authority; to provide for a referendum with respect
TUESDAY, MARCH 8, 2016
2103
to the effectiveness of the foregoing; to provide for contingent effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1125. By Representative Morris of the 156th:
A BILL to be entitled an Act to provide a new charter for the City of Surrency, formerly the Town of Surrency; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1126. By Representative Morris of the 156th:
A BILL to be entitled an Act to provide a new charter for the City of Graham; 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 1127. By Representative Morris of the 156th:
A BILL to be entitled an Act to create the City of Vidalia Convention and Visitor's 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 Vidalia, 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 for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1128. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to reconstitute the Chattahoochee County Board of Education with staggered terms and nonpartisan elections for members; to
2104
JOURNAL OF THE HOUSE
repeal the amendment to the Constitution of Georgia creating a new board of education for Chattahoochee County, approved March 25, 1958 (Ga. L. 1958, p. 603), which was continued under the 1983 Constitution of the State of Georgia by an Act approved March 20, 1986 (Ga. L. 1986, p. 4311); to provide for a referendum with respect to the foregoing; to provide for a contingent effective date; to provide for a contingent automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1592. By Representatives Clark of the 101st, Benton of the 31st, Evans of the 42nd, Frye of the 118th, Chandler of the 105th and others:
A RESOLUTION creating the House Study Committee on Child Care Assistance; and for other purposes.
Referred to the Committee on Special Rules.
HR 1605. By Representatives Martin of the 49th, Jones of the 47th, Brockway of the 102nd, Willard of the 51st and Setzler of the 35th:
A RESOLUTION creating the House Study Committee on Regional Transit Solutions; and for other purposes.
Referred to the Committee on Special Rules.
HR 1606. By Representative Teasley of the 37th:
A RESOLUTION creating the House Study Committee on the Affordability of Burial Services; and for other purposes.
Referred to the Committee on Special Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1112 HB 1114 HB 1116 HR 1576 SB 412
HB 1113 HB 1115 HR 1575 HR 1577 SB 421
TUESDAY, MARCH 8, 2016
2105
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 1092 HB 1097 HB 1102 HB 1105 HB 1109 HB 1111 SB 339 SB 341 SB 343 SB 359 SB 361 SB 380
Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass
HB 1093 HB 1101 HB 1104 HB 1108 HB 1110 SB 225 SB 340 SB 342 SB 358 SB 360 SB 362 SB 390
Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 221. By Senators VanNess of the 43rd, Davenport of the 44th, Jones of the 10th and Parent of the 42nd:
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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
2106
JOURNAL OF THE HOUSE
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.
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.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 221. By Senators Ramsey, Sr. of the 43rd, Davenport of the 44th, Jones of the 10th and Parent of the 42nd:
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.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Meadows of the 5th et al., Ballinger of the 23rd et al., Kidd of the 145th, Stovall of the 74th, and Kaiser of the 59th.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
TUESDAY, MARCH 8, 2016
2107
Representatives Glanton of the 75th, Dawkins-Haigler of the 91st, Bruce of the 61st et al., Dunahoo of the 30th, Corbett of the 174th, Beasley-Teague of the 65th, Stephens of the 164th et al., Smith of the 70th, Thomas of the 56th, Meadows of the 5th, and Gardner of the 57th.
The Speaker assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Jones of the 53rd, Bentley of the 139th, Frazier of the 126th, and Carter of the 92nd.
By unanimous consent, the following Bill of the House was withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local:
HB 1110. By Representative Dickey of the 140th:
A BILL to be entitled an Act to provide for the unified government of Roberta-Crawford County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, compensation, and filling of vacancies; to provide for associated offices, departments, agencies, and personnel; 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.
Representative Beskin of the 54th moved that the following Bill of the Senate be removed from the Local Calendar and voted on separately:
SB 343. By Senator Parent of the 42nd:
A BILL to be entitled an Act to provide a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district 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.
On the motion, the roll call was ordered and the vote was as follows:
2108
JOURNAL OF THE HOUSE
N Abrams N Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T
Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Cooke Y Coomer
Cooper Y Corbett
Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey
Dickson E Dollar N Douglas E Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration
Ehrhart Y England Y Epps N Evans N Fleming E Floyd
Fludd N Frazier N Frye N Gardner Y Gasaway Y Gilligan N Glanton E Golick N Gordon Y Gravley
Greene
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y 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
LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain
Meadows
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice
Rogers, C Y Rogers, T
Rutledge Y Rynders N Scott E Setzler N Sharper Y Shaw Y Sims
N Smith, E Y Smith, L
Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M
Stephens, R E Stephenson Y Stovall N Stover Y Strickland Y Tankersley
Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M.
Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch
Weldon Y Werkheiser N Wilkerson Y Wilkinson
Willard N Williams, A Y Williams, C N Williams, E Y Williamson
Yates Ralston, Speaker
On the motion, the ayes were 95, nays 56.
The motion prevailed.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 1092. By Representatives Rogers of the 10th and Gasaway of the 28th:
A BILL to be entitled an Act to repeal an Act creating the Habersham County Airport Authority, approved April 20, 2011 (Ga. L. 2011, p. 3684); to provide for the assets and encumbrances thereof; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 8, 2016
2109
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1093. By Representatives Hightower of the 68th, Nix of the 69th, Cooke of the 18th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act providing that the tax commissioner of Carroll County shall retain 1 percent of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes, approved March 27, 1998 (Ga. L. 1998, p. 3698), so as to increase the percentage of educational funds retained and remitted by said officer for said purpose to the governing authority of Carroll County; to provide a statement of intention and authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1097. By Representatives Yates of the 73rd, Fludd of the 64th, Mabra of the 63rd and Ramsey of the 72nd:
A BILL to be entitled an Act to amend an Act providing for the compensation and expenses of the chairperson and members of the Board of Education of Fayette County, approved March 30, 1993 (Ga. L. 1993, p. 4308), so as to increase the compensation of the chairperson and members of the Fayette 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 1101. By Representative Parrish of the 158th:
A BILL to be entitled an Act to authorize the governing authority of the Board of Commissioners of Jenkins 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.
2110
JOURNAL OF THE HOUSE
HB 1102. By Representatives Dudgeon of the 25th, Gilligan of the 24th, Duncan of the 26th, Cantrell of the 22nd and Tanner of the 9th:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from all Forsyth County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district, approved April 19, 2000 (Ga. L. 2000, p. 4268), so as to revise the eligibility of residents for such homestead exemption; to provide for related matters; to provide for a referendum, effective dates, and 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 1104. By Representatives Smyre of the 135th, Hugley of the 136th, Smith of the 134th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to revise the homestead exemption for Muscogee County formerly provided for by a local constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926), which local constitutional amendment was continued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution and provides for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes; 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 1105. By Representatives Carson of the 46th, Cantrell of the 22nd, Ballinger of the 23rd, Caldwell of the 20th and Turner of the 21st:
A BILL to be entitled an Act to authorize the governing authority of Cherokee 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.
TUESDAY, MARCH 8, 2016
2111
HB 1108. By Representatives Shaw of the 176th, Corbett of the 174th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act to create the Waycross and Ware County Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to provide for the composition, qualifications, appointment, filling of vacancies, terms and limits thereon, officers, and compensation; 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 1109. By Representatives Setzler of the 35th, Ehrhart of the 36th, Reeves of the 34th, Carson of the 46th, Cooper of the 43rd and others:
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 May 12, 2015 (Ga. L. 2015, p. 4201), so as to adopt by reference a certain map; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1111. By Representatives Setzler of the 35th, Reeves of the 34th, Ehrhart of the 36th and Parsons of the 44th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, so as to revise the powers and duties of the mayor; to provide for the removal of officers under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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
2112
JOURNAL OF THE HOUSE
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 following Committee substitute was read and adopted:
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 relating to creation of such districts; to change certain provisions relating to administration; to change certain provisions relating to taxes, fees, and assessments; to change certain provisions relating to boundaries of such districts; to change certain provisions relating to providing services and facilities; to change certain provisions relating to dissolution; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, is amended by revising Section 2 to read as follows:
"SECTION 2.
The purpose of this Act shall be to provide for the creation of one or more community improvement districts within unincorporated DeKalb County and each municipality therein, and such district shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors as defined in this Act:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law."
SECTION 2. Said Act is further amended by revising Section 4 to read as follows:
TUESDAY, MARCH 8, 2016
2113
"SECTION 4.
Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in DeKalb County, Georgia, either wholly within the unincorporated area thereof or wholly within any municipality or municipalities therein, or partially within one or more municipalities and partially within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions set forth in this section. Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by:
(A) The governing authority of DeKalb County if the district is located wholly within the unincorporated area of DeKalb County; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of DeKalb County and any municipality in which the district is partially located if it is partially within the unincorporated area of DeKalb County and partially within the incorporated area of any municipality; and (2) The written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the given district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner of DeKalb County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Georgia Department of Community Affairs. No district created wholly within unincorporated DeKalb County shall be required to remain activated by the subsequent resolution of a municipality which is approved for incorporation by public referendum prior to January 1, 2016, and which is created within, or which annexes into, an existing community improvement district."
SECTION 3. Said Act is further amended by revising subsection (a) of Section 5 to read as follows:
"(a) Each district created pursuant to this Act shall be administered by a board composed of at least seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority of DeKalb County should the district boundaries lie entirely within unincorporated
2114
JOURNAL OF THE HOUSE
DeKalb County. Should any of the district lie within the incorporated area of DeKalb County, only one board member shall be appointed by the governing authority of DeKalb County. One board member shall be appointed by the governing authority of each municipality within which any portion of the district lies. Two board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The members representing electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2 shall be cast by electors and votes for Posts 3, 4, and 5 shall be cast by equity electors. The initial terms of office of the members representing Posts 1 and 4 shall be one year. The initial terms of office of the members representing Posts 2 and 5 shall be two years, and the initial term of office of the member representing Post 3 shall be three years. Thereafter, all terms of office shall be for three years. The appointed board members shall serve at the pleasure of the appointing authority."
SECTION 4. Said Act is further amended by revising subsection (a) of Section 6 to read as follows:
"(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed five mills of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent taxes shall bear the same interest and penalties as DeKalb County or municipal ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent of such proceeds, but not more than $25,000.00 in any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized by this Act."
SECTION 5. Said Act is further amended by revising Section 7 to read as follows:
TUESDAY, MARCH 8, 2016
2115
"SECTION 7.
(a) The boundaries of each district or districts shall be as designated as such by the governing authority of DeKalb County and such municipalities within which the district may be partially located if partially within the unincorporated area of DeKalb County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolution required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of the district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the areas sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of the owners of real property within the areas sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board of the district. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authority of DeKalb County if any portion of the district is or is to be in the unincorporated area of DeKalb County, and/or the governing authority of such municipalities as may have area within the district immediately before or immediately after the annexation."
SECTION 6. Said Act is further amended by revising Section 9 to read as follows:
"SECTION 9.
The services and facilities provided pursuant hereto will be provided for in a cooperation agreement executed jointly by the board and by the governing authority of DeKalb County if any of the district is in the unincorporated area of the county, and by any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of DeKalb County or any such municipality to provide services or facilities within the district; and DeKalb County and such municipalities shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the county or such municipalities. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein."
2116
JOURNAL OF THE HOUSE
SECTION 7. Said Act is further amended by revising Section 14 to read as follows:
"SECTION 14.
(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of each community improvement district by the DeKalb County Board of Commissioners if wholly within the unincorporated area of DeKalb County, by the governing authority of DeKalb County and such municipalities within which the district may be located if within the unincorporated area of DeKalb County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the DeKalb County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (c) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district in the most recent tax year. (d) When dissolution becomes effective, the county governing authority for public facilities located within the unincorporated area, or the municipality within which they are located, shall take title to all property, public facilities, and land or easements to be used for such public facilities previously in the ownership of the district, and all taxes, fees, and assessments of the district shall cease to be levied and collected. (e) A district may be reactivated in the same manner as an original activation."
TUESDAY, MARCH 8, 2016
2117
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.
SB 339. By Senator Parent of the 42nd:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from certain City of Decatur ad valorem taxes, 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 340. By Senator Parent of the 42nd:
A BILL to be entitled an Act to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, 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); 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 341. By Senator Parent of the 42nd:
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
2118
JOURNAL OF THE HOUSE
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 342. By Senator Parent of the 42nd:
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 358. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3832), so as to provide for an oath of office and its administration; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 359. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to terminate the employment of appointed officers upon such persons qualifying to seek public office; to provide for the termination of employees upon qualifying to seek public office in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 8, 2016
2119
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 360. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to prohibit the mayor and councilmembers from holding any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected; to prohibit any former mayor or former councilmember from holding any appointive office in the city or being employed by the city until one year after the expiration of the term for which that official was elected; 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 361. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for a city manager; to provide for manner of selection, appointment, qualifications, compensation, and removal; to provide for an acting city manager; to provide for powers and duties; 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 362. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for an exception; 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
2120
JOURNAL OF THE HOUSE
To amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for an exception; to provide for the manner of election of members of the 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. An Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3766), is amended by revising subsection (b) of Section 2.12 as follows:
"(b) Unless otherwise provided for by O.C.G.A. Section 36-30-13, a vacancy in the office of the mayor or any councilmember shall be filled for the remainder of the unexpired term, if any, as follows:
(1) If the vacancy occurs when six months or more remain in the term of office of the seat vacated, then such vacancy shall be filled for the unexpired term of office at a special election held in accordance with Georgia law; or (2) If the vacancy occurs when fewer than six months remain in the term of office of the seat vacated, then the remaining members of the city governing authority shall, by majority vote of a quorum present and voting, select a qualified person to serve the remainder of the unexpired term. The candidate receiving a majority of the votes cast in a special election under this subsection shall be elected."
SECTION 2. Said Act is further amended by revising Section 2.14 as follows:
"SECTION 2.14. Election of councilmembers by plurality; election of mayor by majority.
(a) Except as provided in subsection (b) of Section 2.12 of this charter, the candidate receiving a plurality of the votes cast for any seat on the city council shall be elected. (b) Notwithstanding the provisions of subsection (a) of this section, the candidate receiving a majority of the votes cast for the office of mayor shall be elected. In the event that no candidate in the election receives a majority of the votes for the office of mayor, then a runoff election between the candidates receiving the two highest numbers of votes shall be conducted in accordance with law."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
TUESDAY, MARCH 8, 2016
2121
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 380. By Senator Gooch of the 51st:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of White County, approved May 13, 2008 (Ga. L. 2008, p. 4205), as amended, so as to provide for compensation increases for members of the board; 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 390. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for the override of a mayoral veto under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
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 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
Y 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
2122
JOURNAL OF THE HOUSE
Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene
Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice
Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Teasley Y Thomas, A.M.
Thomas, E Y Trammell Y Turner Y Waites
Watson Y 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 passage of the Bills, the ayes were 163, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
By unanimous consent, the following Bill of the Senate was postponed until the next legislative day:
SB 343. By Senator Parent of the 42nd:
A BILL to be entitled an Act to provide a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district 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.
Representative Douglas of the 78th moved that the following Bill of the Senate be immediately transmitted to the Senate:
SB 362. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change provisions relating to the filling of vacancies in the
TUESDAY, MARCH 8, 2016
2123
offices of members of the governing authority; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Rhodes of the 120th.
Pursuant to HR 1395, the House honored the life and memory of Sheriff Ladson O'Connor.
Pursuant to HR 1338, the House recognized Mariyah Carter.
Pursuant to HR 1581, the House commended and congratulated Jim Grubiak.
The following Resolutions of the House were read and adopted:
HR 1607. By Representative Ralston of the 7th:
A RESOLUTION recognizing March 8, 2016, as Apple Day at the Capitol; and for other purposes.
HR 1613. By Representatives Carson of the 46th, Teasley of the 37th, Cantrell of the 22nd, Duncan of the 26th and Efstration of the 104th:
A RESOLUTION honoring and commending Trail Life USA, Trail Life in Georgia, and American Heritage Girls; and for other purposes.
HR 1614. By Representatives Carter of the 92nd, Bennett of the 94th, Dawkins-Haigler of the 91st, Kendrick of the 93rd, Mitchell of the 88th and others:
A RESOLUTION recognizing Miller Grove High School's Men's Basketball Team on their repeated championships; and for other purposes.
HR 1615. By Representative Kirby of the 114th:
A RESOLUTION commending Allison Browning, Loganville Christian Academy's 2016 STAR Student; and for other purposes.
2124
JOURNAL OF THE HOUSE
HR 1616. By Representative Kaiser of the 59th:
A RESOLUTION recognizing Avi Botwinick upon being named the valedictorian of the 2016 graduating class of The Weber School; and for other purposes.
HR 1617. By Representatives Kaiser of the 59th, Oliver of the 82nd and Gardner of the 57th:
A RESOLUTION recognizing the Honorable Elaine Carlisle upon the occasion of her retirement; and for other purposes.
HR 1618. By Representatives Cooper of the 43rd, Price of the 48th, Beskin of the 54th, Clark of the 101st, Lott of the 122nd and others:
A RESOLUTION recognizing March 16, 2016, as Resurgens Orthopaedics Advocacy Day; and for other purposes.
HR 1619. By Representatives Epps of the 144th, Beverly of the 143rd, Randall of the 142nd, Dickey of the 140th and Peake of the 141st:
A RESOLUTION commending Mrs. Michelle Fleming, Stratford Academy's 2016 STAR Teacher; and for other purposes.
HR 1620. By Representatives Epps of the 144th, Beverly of the 143rd, Randall of the 142nd, Dickey of the 140th and Peake of the 141st:
A RESOLUTION commending Dylan Quintal, Stratford Academy's 2016 STAR Student; and for other purposes.
HR 1621. By Representative LaRiccia of the 169th:
A RESOLUTION honoring and commending Karrie Wooten LaRiccia on the occasion of her wedding anniversary; and for other purposes.
HR 1622. By Representatives Smith of the 70th, Gardner of the 57th, Coomer of the 14th, Turner of the 21st, Gilligan of the 24th and others:
A RESOLUTION recognizing the 15th anniversary of the Metropolitan North Georgia Water Planning District; and for other purposes.
HR 1623. By Representatives Oliver of the 82nd, Parrish of the 158th, Kaiser of the 59th, Gardner of the 57th, Abrams of the 89th and others:
TUESDAY, MARCH 8, 2016
2125
A RESOLUTION recognizing Emory University President James W. Wagner; and for other purposes.
HR 1624. By Representatives Carter of the 92nd, Bennett of the 94th, Dawkins-Haigler of the 91st, Kendrick of the 93rd, Mitchell of the 88th and others:
A RESOLUTION recognizing and commending Coach Sharman White; and for other purposes.
HR 1625. By Representatives Corbett of the 174th, LaRiccia of the 169th, Carson of the 46th, Bentley of the 139th, Mosby of the 83rd and others:
A RESOLUTION recognizing and commending Doris Durr Littlejohn upon the grand occasion of her retirement; and for other purposes.
HR 1626. By Representative Kirby of the 114th:
A RESOLUTION commending Holly Beavers, Loganville High School's 2016 STAR Student; and for other purposes.
HR 1627. By Representative Epps of the 144th:
A RESOLUTION commending Cassidy Taylor Fountain, Bleckley County High School's 2016 STAR Student; and for other purposes.
HR 1628. By Representative Epps of the 144th:
A RESOLUTION commending Mr. Ray Martin, Bleckley County High School's 2016 STAR Teacher; and for other purposes.
HR 1629. By Representative Epps of the 144th:
A RESOLUTION commending Mason Christopher Couch, Wilkinson County High School's 2016 STAR Student; and for other purposes.
HR 1630. By Representative Epps of the 144th:
A RESOLUTION commending Mrs. Kristy Driggers, Wilkinson County High School's 2016 STAR Teacher; and for other purposes.
2126
JOURNAL OF THE HOUSE
HR 1631. By Representative Marin of the 96th:
A RESOLUTION recognizing and honoring March 23, 2016, as Pakistani American Day at the state capitol; and for other purposes.
HR 1632. By Representatives Smith of the 70th, Ramsey of the 72nd, Stover of the 71st and Trammell of the 132nd:
A RESOLUTION recognizing and congratulating Mr. Bob Coggin; and for other purposes.
HR 1633. By Representatives Epps of the 144th and Holmes of the 129th:
A RESOLUTION commending Mrs. Angela Jones, Jones County High School's 2016 STAR Teacher; and for other purposes.
HR 1634. By Representatives Epps of the 144th and Holmes of the 129th:
A RESOLUTION commending Phillip Warren Walker III, Jones County High School's 2016 STAR Student; and for other purposes.
HR 1635. By Representatives Douglas of the 78th, Scott of the 76th, Stovall of the 74th, Mabra of the 63rd and Jordan of the 77th:
A RESOLUTION commending Michelle Glover, Kemp Primary School's 2015-2016 Teacher of the Year; and for other purposes.
HR 1636. By Representatives Bennett of the 80th and Holcomb of the 81st:
A RESOLUTION commending the Brookhaven Police Department for its role in helping make Brookhaven the safest city in DeKalb County and the thirtieth safest city in Georgia for 2016, according to the 2016 Safewise Report; and for other purposes.
HR 1637. By Representative Weldon of the 3rd:
A RESOLUTION honoring the life and memory of Ms. Martha Ann Cassell Lee; and for other purposes.
HR 1638. By Representatives Smith of the 70th, Ramsey of the 72nd, Stover of the 71st and Trammell of the 132nd:
TUESDAY, MARCH 8, 2016
2127
A RESOLUTION recognizing Bonnell Aluminum on the grand occasion of its 60th anniversary; and for other purposes.
HR 1639. By Representatives Douglas of the 78th, Scott of the 76th, Stovall of the 74th, Mabra of the 63rd and Jordan of the 77th:
A RESOLUTION commending Arethea Robinson, Lillie E. Suder Elementary School's 2015-2016 Teacher of the Year; and for other purposes.
HR 1640. By Representatives Douglas of the 78th, Scott of the 76th, Stovall of the 74th, Mabra of the 63rd and Jordan of the 77th:
A RESOLUTION commending Ryan Adams, Kemp Primary School's 20152016 Paraprofessional of the Year; and for other purposes.
HR 1641. By Representative Belton of the 112th:
A RESOLUTION recognizing and commending Morgan County High School's Advanced Placement Scholars with Distinction; and for other purposes.
HR 1642. By Representative Belton of the 112th:
A RESOLUTION recognizing and commending Morgan County High School's Class of 2015 International Baccalaureate Diploma recipients; and for other purposes.
HR 1643. By Representatives Epps of the 144th, Pruett of the 149th and Hatchett of the 150th:
A RESOLUTION commending Ms. Jessica Chase, West Laurens High School's 2016 STAR Teacher; and for other purposes.
HR 1644. By Representatives Epps of the 144th, Harden of the 148th, Clark of the 147th, Blackmon of the 146th and Dickey of the 140th:
A RESOLUTION commending James Nicolas Luppino, Warner Robins High School's 2016 STAR Student; and for other purposes.
HR 1645. By Representatives Epps of the 144th, Pruett of the 149th and Hatchett of the 150th:
2128
JOURNAL OF THE HOUSE
A RESOLUTION commending Scotty Lee Hall, West Laurens High School's 2016 STAR Student; and for other purposes.
HR 1646. By Representatives Stephens of the 164th, Petrea of the 166th, Hitchens of the 161st, Stephens of the 165th and Gordon of the 163rd:
A RESOLUTION recognizing and honoring the members of the St. Patrick's Day Parade Committee, Chairman Jerry Hogan, Jr. and the Grand Marshal of the 2016 St. Patrick's Day Parade, Michael A. Foran on the upcoming occasion of the 2016 St. Patrick's Day Parade in Savannah, Georgia; and for other purposes.
HR 1647. By Representatives Epps of the 144th, Harden of the 148th, Clark of the 147th, Blackmon of the 146th and Dickey of the 140th:
A RESOLUTION commending Mr. Louis Leskosky, Warner Robins High School's 2016 STAR Teacher; and for other purposes.
HR 1648. By Representatives Welch of the 110th, Strickland of the 111th, Knight of the 130th, Rutledge of the 109th and Caldwell of the 131st:
A RESOLUTION honoring the life and memory of Albert B. Wallace; and for other purposes.
HR 1649. By Representatives Maxwell of the 17th, Rakestraw of the 19th, Gravley of the 67th and Alexander of the 66th:
A RESOLUTION honoring the life and memory of Mr. Joe S. Parker, Sr.; and for other purposes.
HR 1650. By Representatives Douglas of the 78th, Scott of the 76th, Stovall of the 74th, Mabra of the 63rd and Jordan of the 77th:
A RESOLUTION commending Kim Krietemeyer, Mount Zion Elementary School's 2015-2016 Teacher of the Year; and for other purposes.
HR 1651. By Representative Kelley of the 16th:
A RESOLUTION honoring Ms. Jewell Arrington Tuck on the grand occasion of her 90th birthday; and for other purposes.
HR 1652. By Representatives Maxwell of the 17th, Rakestraw of the 19th, Gravley of the 67th and Alexander of the 66th:
TUESDAY, MARCH 8, 2016
2129
A RESOLUTION recognizing and commending the Boys & Girls Club of Paulding County; and for other purposes.
HR 1653. By Representatives Maxwell of the 17th, Rakestraw of the 19th, Gravley of the 67th and Alexander of the 66th:
A RESOLUTION recognizing and commending Mr. Kevie Dixon; and for other purposes.
Representative Willard of the 51st moved that the following Bill of the Senate be withdrawn from the Committee on Intragovernmental Coordination - Local and recommitted to the Committee on Governmental Affairs:
SB 378. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relative 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 change the composition of the governing authority; to abolish the office of chief executive officer; to provide for a commission chairperson to be elected at large; to shorten certain terms of office; to provide for elections and new terms of office; to provide for term limits; to provide for a county manager; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, A.M., Thursday, March 10, 2016, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Thursday, March 10, 2016.
2130
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Thursday, March 10, 2016
Thirty-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:
Alexander Allison Atwood Ballinger Barr Battles E Beasley-Teague Belton Bennett, K Bennett, T E Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M E Cannon Cantrell Carson Carter, A Carter, D Casas Chandler Cheokas Clark, D 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 E Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick Gordon Gravley Greene Harden
Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Jackson Jasperse Jones, J Jones, J.B. Jones, L E Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows Metze
Mitchell Morris Mosby Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice 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 E Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch E 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, Dawkins-Haigler of the 91st, Dollar of the 45th, Hugley of the 136th, Jordan of the 77th, Randall of the 142nd, and Smyre of the 135th.
THURSDAY, MARCH 10, 2016
2131
They wished to be recorded as present.
Prayer was offered by Reverend Anthony Booker, Pastor, New Hope Baptist Church of Harlem, Harlem, 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 Speaker Pro Tem assumed the Chair.
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 1129. By Representatives Gardner of the 57th, Mosby of the 83rd, Kaiser of the 59th, Cannon of the 58th, Bennett of the 80th and others:
A BILL to be entitled an Act to amend an Act to create the McPherson Implementing Local Redevelopment Authority, approved May 14, 2008 (Ga. L. 2008, p. 4328), so as to continue such authority; to provide for extended contract and lease periods with respect to projects; to provide for public contracts with private enterprises for the completion of projects; to revise
2132
JOURNAL OF THE HOUSE
provisions relating to absences from board meetings; 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 1130. By Representatives Harden of the 148th, Blackmon of the 146th, Dickey of the 140th, Clark of the 147th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act to create and establish the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, so as to change the office of the clerk of the state court to an appointed position; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1131. By Representatives Gardner of the 57th, Kaiser of the 59th, Metze of the 55th, Abrams of the 89th, Bennett of the 80th and others:
A BILL to be entitled an Act to provide for the levy of a retail sales and use tax by the City of Atlanta for the purpose of providing public transportation of passengers for hire in the metropolitan area of the City of Atlanta; to provide for definitions; to provide for procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such purposes; to provide for a referendum; to provide for an additional referendum in certain instances; to provide for a limitation on the collection of a tax for transportation purposes in certain counties in certain instances; 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 1132. By Representatives Kelley of the 16th and Bentley of the 139th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to require the State Board of Funeral Service to provide written notice upon the expiration of a license for the operation of a funeral establishment or crematory; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
THURSDAY, MARCH 10, 2016
2133
HB 1133. By Representative Greene of the 151st:
A BILL to be entitled an Act to provide a new charter for the City of Lumpkin; to provide for pending matters; to provide for construction and 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 1134. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Evans of the 42nd, Smith of the 41st, 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 Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4167), so as to provide for annexation of certain property; to provide for deannexation of certain property; to provide for related matters; to repeal a certain act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1135. By Representatives Reeves of the 34th, Setzler of the 35th, Ehrhart of the 36th, Parsons of the 44th, Wilkerson of the 38th 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) and by an Act approved May 6, 2015 (Ga. L. 2015, p. 3737), so as to change provisions relating to the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1136. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4188), an Ordinance adopted by the Rome City Commission June 15, 1987 (Ga. L. 1988, p. 5404), an Ordinance adopted by the Rome City Commission August 4, 1997 (Ga. L. 1998, p. 4849), and an Ordinance adopted by the Rome City
2134
JOURNAL OF THE HOUSE
Commission September 3, 2002 (Ga. L. 2004, p. 4756), so as to change qualifications for members of the governing authority to include residency in the ward in which they seek office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1608. By Representatives Williams of the 168th and Stephens of the 164th:
A RESOLUTION honoring the life of Mr. Carl Dykes and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1609. By Representatives Powell of the 32nd and Jasperse of the 11th:
A RESOLUTION creating the House Study Committee on Biohazard Cleanup Services; and for other purposes.
Referred to the Committee on Special Rules.
HR 1610. By Representatives Parsons of the 44th, Fludd of the 64th and Willard of the 51st:
A RESOLUTION creating the House Study Committee on Crime Victims' Rights; and for other purposes.
Referred to the Committee on Special Rules.
HR 1611. By Representative Pruett of the 149th:
A RESOLUTION creating the House Study Committee on the Current and Future Availability of Natural Gas, Particularly in Rural Areas; and for other purposes.
Referred to the Committee on Special Rules.
HR 1612. By Representatives Teasley of the 37th, Fleming of the 121st, Werkheiser of the 157th, Ramsey of the 72nd, Reeves of the 34th and others:
A RESOLUTION encouraging Senator Johnny Isakson and Senator David Perdue to support efforts in the United States Senate to oppose the confirmation of any nominee to replace the late United States Supreme Court
THURSDAY, MARCH 10, 2016
2135
Associate Justice Antonin Scalia who does not share the late justice's judicial philosophy; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1117 HB 1119 HB 1121 HB 1123 HB 1125 HB 1127 HR 1592 HR 1606
HB 1118 HB 1120 HB 1122 HB 1124 HB 1126 HB 1128 HR 1605 SB 221
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1253 Do Pass HR 1564 Do Pass SB 374 Do Pass
HR 1342 Do Pass SB 329 Do Pass
Respectfully submitted, /s/ Coleman of the 97th
Chairman
Representative Parsons of the 44th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:
Mr. Speaker:
Your Committee on Energy, Utilities, and Telecommunications has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
2136
JOURNAL OF THE HOUSE
SB 191 Do Pass, by Substitute
Respectfully submitted, /s/ Parsons of the 44th
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 184 Do Pass, by Substitute SB 208 Do Pass, by Substitute
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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 273 SB 305 SB 308
Do Pass Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 43rd
Chairman
Representative Shaw of the 176th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. Speaker:
THURSDAY, MARCH 10, 2016
2137
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 277 Do Pass
Respectfully submitted, /s/ Shaw of the 176th
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 137 SB 290 SB 347
Do Pass Do Pass Do Pass, by Substitute
SB 158 SB 302
Do Pass, by Substitute 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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1003 HB 1113 HB 1115 SB 412
Do Pass Do Pass Do Pass Do Pass
HB 1110 Do Pass, by Substitute HB 1114 Do Pass HB 1116 Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
2138
JOURNAL OF THE HOUSE
Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 168 Do Pass SB 262 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 51st
Chairman
Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 331 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 51st
Chairman
Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 193 Do Pass, by Substitute SB 278 Do Pass
THURSDAY, MARCH 10, 2016
2139
Respectfully submitted, /s/ Golick of the 40th
Chairman
Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety and Homeland Security has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 263 Do Pass SB 279 Do Pass
Respectfully submitted, /s/ Powell of the 32nd
Chairman
Representative Maxwell of the 17th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 316 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
Representative Battles of the 15th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
2140
JOURNAL OF THE HOUSE
SB 335 Do Pass SB 336 Do Pass
Respectfully submitted, /s/ Battles of the 15th
Chairman
Representative Epps of the 144th 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, by Substitute
Respectfully submitted, /s/ Epps of the 144th
Chairman
Representative Jasperse of the 11th 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 Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 876 SR 1027 SR 1038
Do Pass Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Jasperse of the 11th
Chairman
Representative Sims of the 123rd District, Chairman of the Committee on State Properties, submitted the following report:
Mr. Speaker:
THURSDAY, MARCH 10, 2016
2141
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 1563 Do Pass SR 954 Do Pass, by Substitute SR 955 Do Pass, by Substitute
Respectfully submitted, /s/ Dunahoo of the 30th
Vice-Chairman
The Speaker assumed the chair.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 1003. By Representatives Ehrhart of the 36th, Evans of the 42nd, Wilkerson of the 38th, Dollar of the 45th, Parsons of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, so as to change provisions relating to the membership and terms of office of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1110. By Representative Dickey of the 140th:
A BILL to be entitled an Act to provide for the unified government of Roberta-Crawford County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, compensation, and filling of vacancies; to provide for associated offices, departments, agencies, and personnel; 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:
2142
JOURNAL OF THE HOUSE
A BILL TO BE ENTITLED AN ACT
To provide for the unified government of Roberta-Crawford County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, compensation, and filling of vacancies; to provide for associated offices, departments, agencies, and personnel; 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 UNIFICATION, CREATION, BOUNDARIES, STATUS, POWERS,
AND SPECIAL SERVICES DISTRICTS OF ROBERTA-CRAWFORD COUNTY
SECTION 1-1-1. Unification of county and city: name.
(a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Roberta, a municipal corporation incorporated by an Act of the General Assembly of Georgia, approved April 7, 1976 (Ga. L. 1976, p. 4127), as amended, are hereby unified with the governmental and corporate powers, duties, and functions of Crawford County. This unification shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Crawford 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 Roberta-Crawford County, Georgia. Roberta-Crawford County shall have all the governmental and corporate powers, duties, and functions previously held by and vested in the City of Roberta and in Crawford County, and also the powers, duties, and functions provided in this charter. (b) Roberta-Crawford County 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 Roberta or Crawford County; and by the name of Roberta-Crawford 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.
THURSDAY, MARCH 10, 2016
2143
(c) On January 1, 2018, the political subdivision known as Crawford County, Georgia, and the municipal corporation known as the City of Roberta, Georgia, shall be unified and merged into the new political entity created by this charter. (d) The unification of the governments of the City of Roberta and Crawford County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia.
SECTION 1-1-2. Boundaries.
Roberta-Crawford County, Georgia, shall embrace the total area included within the existing territorial limits of Crawford County as such limits are established on the effective date of this charter, provided that 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 1-1-3. Status as municipal corporation and county.
Roberta-Crawford County, Georgia, shall be deemed to be both a municipal corporation and a county throughout the total territorial limits of such government.
SECTION 1-1-4. Powers.
(a) Roberta-Crawford County, Georgia, shall have all rights, powers, duties, privileges, and authority, whether express or implied, that may now be vested in or hereafter granted to counties, municipal corporations, or both by the Constitution and laws of the State of Georgia. (b) In addition to the rights, duties, powers, privileges, and authority expressly conferred by this charter, the unified government of Roberta-Crawford County 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 the government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter, and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (c) No enumeration of any right, duty, power, privilege, or authority shall be construed as limiting or abolishing any right, duty, power, privilege, or authority set forth in this charter.
2144
JOURNAL OF THE HOUSE
SECTION 1-1-5. Establishment of special services districts.
The governing authority of Roberta-Crawford County shall possess the authority to establish special services districts. All special services districts shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the governing authority of Roberta-Crawford County under such general rules, procedures, regulations, requirements, and specifications as established by the governing authority. No new special services district shall be created or existing such districts expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard at a public hearing. Notice of the proposed expansion, abolition, merger, consolidation, or reduction of a services district and of the required public hearing shall be published once a week for two weeks in the official legal organ of Roberta-Crawford County.
ARTICLE II GOVERNING AUTHORITY Chapter 1 - The Board of Commissioners
SECTION 2-1-1. Name.
The governing authority of Roberta-Crawford County shall be and is hereby designated as the "Board of Commissioners of Roberta-Crawford County, Georgia."
SECTION 2-1-2. Composition and election.
(a) The Board of Commissioners of Roberta-Crawford County, Georgia, shall consist of five members, serving in part-time positions, who shall be elected from single-member districts. Each commissioner shall be elected in partisan elections as provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) For purposes of electing members of the board of commissioners, Roberta-Crawford County shall be divided into five commissioner districts. The five commission 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 Name: crawfordccsb-2012 Plan Type: Local Administrator: crawford cc User: bak".
(c)(1) When used in such attachment, the term "VTD" (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in
THURSDAY, MARCH 10, 2016
2145
the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Crawford County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Crawford County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any 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 2-1-3. Terms and qualifications.
(a) The initial term of office of the commissioners elected from Districts 1 and 5 shall be from January 1, 2018, through December 31, 2018, and until their respective successors are elected and qualified. Members shall take office on the first day of January immediately following their election and serve until their successors are elected and qualified. The initial term of office for commissioners elected from Districts 2, 3, and 4 shall be from January 1, 2018, through December 31, 2020, and until their respective successors are elected and qualified. Members shall take office on the first day of January immediately following their election and serve until their successors are elected and qualified. Successors shall be elected in partisan elections coinciding with the November general election immediately preceding the expiration of the term of office. (b) Other than as provided in subsection (a) of this section, subsequent terms of office shall be for four years. Members shall take office on the first day of January immediately following their election and serve until their successors are elected and qualified. Successors to those elected to the initial terms of office shall be elected in partisan elections coinciding with the November general election immediately preceding the expiration of their term of office. (c) Each candidate for the board of commissioners shall specify the district for which such person is offering for election. Each successful candidate for commissioner shall be elected by a majority of the qualified electors voting in such district. No person shall be eligible for election or appointment to the board of commissioners unless such person shall, on or before the date of election or appointment to such office, have attained the age of 21, be a qualified elector of Crawford County, have been a resident of Crawford County for at least one year prior to the election, and shall be a resident of the district from which such person offers as a candidate. Failure of a member to continue to reside
2146
JOURNAL OF THE HOUSE
within the district from which elected or appointed during such member's term of office shall result in forfeiture of office.
SECTION 2-1-4. Powers.
All powers of Roberta-Crawford County, including any such powers which may hereafter be conferred by amendment of this charter or by the Constitution or laws of Georgia, shall be vested in the Board of Commissioners of Roberta-Crawford County, except as otherwise provided by law or by this charter. The board shall provide by ordinance for the exercise of such powers and for the performance of all duties and obligations imposed on Roberta-Crawford County, Georgia, by law.
SECTION 2-1-5. Chairperson; vice-chairperson; powers; duties; term limits; vacancies.
(a) A chairperson shall be elected by the members of the board from among the members of the board at the first board meeting in January, 2018, and at the first board meeting in January each year thereafter. The chairperson shall be the executive head of the unified government and shall have such other powers and duties as may be provided by ordinance or resolution that are not in conflict with this charter. Specifically, the chairperson shall:
(1) Preside over all meetings of the board of commissioners; (2) Serve as the ceremonial head of Roberta-Crawford County, Georgia, and as its official representative to federal, state, and local governmental bodies and officials; (3) Call special meetings of the commission as provided by this charter; (4) Where allowed by state law, appoint and remove, with a majority vote of the commission, the attorney for the unified government, members of all boards and authorities of the unified government, and members of committees of the commission; (5) Sign orders, checks, and warrants for payment of money subject to the policies and procedures adopted by the board of commissioners; (6) Execute all contracts, deeds, and other obligations of the unified government; and (7) 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 chairperson shall be authorized to vote on any matter before the board of commissioners in the same manner as any other member of the board. The chairperson shall not have the power to veto any ordinance or resolution duly enacted or adopted by the board of commissioners. (c) At their first meeting in January each year, the commissioners shall also elect a vicechairperson to serve for a term of one year. In the absence of the chairperson for any cause, the vice-chairperson shall preside over meetings and discharge the duties of the chairperson. If a vacancy occurs in the position of chairperson, the vice-chairperson shall
THURSDAY, MARCH 10, 2016
2147
assume the duties and receive the compensation of chairperson until a successor is elected or appointed and sworn into office, as provided in Section 2-1-7 of this charter.
SECTION 2-1-6. Compensation.
(a) The members of the board of commissioners shall be compensated at the base rate of $1,000.00 per month from funds of Roberta-Crawford County. (b) The chairperson of the board of commissioners shall be compensated at the base rate of $1,100.00 per month from funds of Roberta-Crawford County. (c) The chairperson and members of the board of commissioners shall be eligible for such benefits as authorized under Code Sections 36-1-11.1, 36-5-27, 36-5-28, and 36-529 and subsection (a) of Code Section 36-35-4 of the O.C.G.A. or as hereafter amended. (d) In addition to the salary, commissioners shall be reimbursed, under such regulations and limitations as may be adopted by the board of commissioners, for direct expenses incurred in carrying out the duties and responsibilities of the unified government. (e) The salary of members of the commission may be changed by ordinance or resolution, in the manner specified for county governing authorities in Code Section 365-24 of the O.C.G.A. or any similar future general law of the State of Georgia. (f) Nothing in this section shall be construed to prohibit the commission from exercising its home rule powers as established in Code Section 36-35-4 of the O.C.G.A. or as hereafter amended.
SECTION 2-1-7. Vacancies.
(a) The office of a commissioner shall become vacant if a member ceases to reside in the district from which elected or upon a member's death, resignation, or removal from office or forfeiture of office upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or any other applicable law, now existing or hereafter enacted.
(b)(1) In the event that the office of a commissioner becomes vacant for any reason, a successor shall be selected as provided in paragraphs (2) and (3) of this subsection. (2) If there are more than 12 months remaining in the unexpired term, the position shall be filled by special election at the next permissible date for a special election. The special election shall be called by the election superintendent as provided by general law. Any person so elected must possess the same qualifications for election as set forth in subsection (c) of Section 2-1-3 of this charter. (3) If less than 12 months remain in the unexpired term, the board of commissioners shall appoint a successor to fill the unexpired term. Any person so appointed must possess the same qualifications as for election set forth in subsection (c) of Section 2-13 of this charter.
2148
JOURNAL OF THE HOUSE
Chapter 2 - Organization and Procedure
SECTION 2-2-1. Oath; rules; records; meetings; quorum; emergency ordinances.
(a) The board of commissioners shall hold its organizational meetings on the first working day in January following the general election. At or before such meetings, the newly elected or reelected 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 the office of commissioner of Roberta-Crawford County, Georgia, and that I will support and defend the charter thereof and the Constitution and laws of the State of Georgia and of the United States." (b) The board shall determine its own rules and order of business as it deems appropriate to govern the conduct and procedures of its meetings, provided that the board shall comply with the open and public meeting requirements of Chapter 14 of Title 50 of the O.C.G.A. The board shall provide for the keeping of minutes of its proceedings which shall be a public record. (c) The board shall meet twice a month on a regularly scheduled day and time as voted on by the board during the first meeting of the year. No additional notice shall be required to be given for any regular meeting. (d) The board may hold such special meetings as it deems necessary or proper. Special meetings may be held on the call of the chairperson or any two or more commissioners upon no less than 24 hours written notice to each member at the usual place of business or residence of such member. Notice of special meetings must be provided for as specified by Code Section 50-14-1 of the O.C.G.A. or as hereafter amended. (e) The board of commissioners shall establish by ordinance procedures for the convening of emergency meetings. (f) The presence of three members of the board of commissioners, including the chairperson or vice-chairperson who shall preside over the meeting, shall constitute a quorum for the transaction of business. No official act which is to have the force and effect of law shall be valid or binding unless adopted by the affirmative vote of a majority of the board of commissioners then serving in office. (g) To meet a public emergency threatening life, health, property, or public safety, the board of commissioners may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or less. An emergency ordinance shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment, but the affirmative vote of the board of commissioners shall be required for adoption. An emergency ordinance shall stand repealed on the 16th day following the date of its adoption; provided, however, that, if the emergency still exists, it may be reenacted as
THURSDAY, MARCH 10, 2016
2149
provided in this subsection. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified for the adoption of an emergency ordinance.
Chapter 3 - Ethics and Prohibited Practices
SECTION 2-3-1. Conflicts of interest; holding other offices.
(a) Conflicts of interest. No elected official, appointed officer, or employee of the unified government or of any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties, or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization; or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of a service, loan, thing, 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; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign. The commission shall adopt a policy or ordinance which quantifies and defines the terms of valuable gifts; (5) Represent other private interests in any action or proceeding against the unified government or any portion thereof; 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 has a financial interest. (b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the board of commissioners. Any commissioner who has a private interest in any matter pending before the board of commissioners shall disclose such private interest, and such disclosure shall be entered on the records of the board, and the commissioner 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
2150
JOURNAL OF THE HOUSE
which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the governing body of the agency or entity. (c) Use of public property. No elected official, appointed officer, or employee of the unified government or of any agency or entity to which this charter applies shall use property owned by such governmental body for personal benefit, convenience, or profit except in accordance with policies promulgated by the board of commissioners or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the board of commissioners. (e) Ineligibility of elected official. Except where authorized by law, no commissioner shall hold any other elective or compensated appointive office in the unified government or otherwise be employed by the unified government or any agency thereof during the term for which he or she is elected, unless he or she vacates the office. (f) Political activities of certain officers and employees. Any appointive officer or employee of the unified government shall be required to take a leave of absence or resign his or her position upon being sworn in to any elected office in the unified government of Roberta-Crawford County. (g) Penalties for violations. Any officer who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office and shall be subject to the following penalties and actions:
(1) Written warning, censure, or reprimand to be issued in public; (2) Removal from office as provided by Georgia law; (3) Cancellation of the contract or rejection of the bid or offer; (4) Recovery of the value transferred or received; and (5) Referral to proper criminal authorities.
SECTION 2-3-2. Prohibitions.
No member of the board of commissioners shall hold any other federal, state, or local elected office during that person's term of office as a commissioner. Nothing in this section shall be construed to prohibit any member of the board from representing Roberta-Crawford County on any special commission or regional entity or other intergovernmental agency or accepting any federal, state, or local appointed office unless prohibited by law.
ARTICLE III COUNTY MANAGER
THURSDAY, MARCH 10, 2016
2151
SECTION 3-1-1. Appointment; qualifications; compensation.
(a) The board of commissioners shall appoint a manager by a majority vote of the board. The manager shall serve at the pleasure of the board of commissioners. (b) Except as specifically provided in this charter, the board shall, by ordinance or resolution, establish the manager's qualifications, powers, duties, and compensation.
ARTICLE IV ADMINISTRATION Chapter 1 - Officers
SECTION 4-1-1. Sheriff; law enforcement.
The sheriff of Crawford County in office on the effective date of this charter shall be the sheriff of Roberta-Crawford County, Georgia. 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 the sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The sheriff shall be the chief law enforcement officer of RobertaCrawford County, Georgia. In addition, the sheriff shall be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other duties as are required of sheriffs by the Constitution and laws of the State of Georgia.
SECTION 4-1-2. Judge of the probate court; clerk of the superior court;
tax commissioner; coroner; magistrate.
The judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, and the magistrate judge of Crawford County shall, after consolidation, be the judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, and the magistrate judge of Roberta-Crawford County, Georgia. These officers shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections or appointments for these officers shall be on the same basis as provided by law for the election or appointment of such officers generally. The judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, and the magistrate judge shall perform the same duties and exercise the same powers as conferred on such officers generally by the Constitution and laws of Georgia.
SECTION 4-1-3. Attorney.
2152
JOURNAL OF THE HOUSE
The attorney for Roberta-Crawford County shall be appointed and removed by a vote of a majority of the members of the board of commissioners. The attorney shall act as the chief legal adviser to the board of commissioners, the manager, and all departments and agencies of the board of commissioners and shall represent such government in all legal proceedings and perform such other duties prescribed by general law, by this charter, or by ordinance or resolution of the board of commissioners. The board of commissioners shall set the qualifications and compensation of the attorney and any other matters relative to the selection of the attorney.
SECTION 4-1-4. Surveyor.
The board of commissioners shall appoint a qualified person to hold the office of surveyor for a term of one year from the date of appointment. Successors shall also be appointed for terms of one year. Any person appointed as surveyor of Roberta-Crawford County shall possess the qualifications specified by paragraph (1) of subsection (b) of Code Section 36-7-2 of the O.C.G.A. or as hereafter amended.
Chapter 2 - Personnel
SECTION 4-2-1. Existing pension rights protected.
All employees and former employees of any office, department, board, commission, or agency of the former City of Roberta or of the former Crawford County shall retain all pension rights, if any, which had accrued to them prior to the effective date of this charter under any existing pension system. The services of such employees shall not be deemed to have been interrupted by the adoption of this charter.
SECTION 4-2-2. Establishment of new retirement systems.
The board of commissioners is authorized and empowered to establish and maintain a new retirement system or retirement systems affecting employees 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 Roberta, Crawford County, or of any agency of such former governments.
THURSDAY, MARCH 10, 2016
2153
SECTION 4-2-3. Establishment of personnel system.
The board of commissioners shall establish a personnel system for all employees under the control of the unified government. The system shall be consistent with all state and federal laws.
SECTION 4-2-4. Employee retention.
It is the intent of the General Assembly that all employees of Crawford County and the City of Roberta, as feasible, shall continue in the same or a substantially equal position with at least the same salary and benefit level, where possible within budget constraints, after the consolidation is complete. It is further the intent of the General Assembly that the integration of the sheriff's office and the city police department shall be seamless and cooperative and that where possible, the rights and positions of all employees shall be respected.
Chapter 3 - Boards, Commissions, and Authorities
SECTION 4-3-1. Boards, commissions, and authorities; continued.
All existing boards, commissions, and authorities of either the City of Roberta, Crawford County, or both are continued without interruption on the effective date of this charter.
SECTION 4-3-2. Boards, commissions, and authorities; appointments thereto.
Whenever general or local law provides for appointments to boards, commissions, or authorities from both the city and the county, all appointments shall be made by the board of commissioners, and all appointees shall be residents of Roberta-Crawford County.
ARTICLE V JUDICIARY
SECTION 5-1-1. Superior court and district attorney; probate court; magistrate court;
unaffected by charter; re-designation.
(a) The Superior Court of Crawford County, including the office of district attorney; the Probate Court of Crawford County; and the Magistrate Court of Crawford County shall continue their operations without interruption resulting from the adoption of this charter,
2154
JOURNAL OF THE HOUSE
and nothing herein shall be construed as affecting the status of such courts. The courts shall be known as the Superior Court of Crawford County, the Probate Court of Crawford County, and the Magistrate Court of Crawford County. (b) On the effective date of this charter, the Municipal Court of Roberta shall stand abolished. Any pending cases shall be transferred to the Probate Court of Crawford County, the Magistrate Court of Crawford County, or the Superior Court of Crawford County, whichever has appropriate jurisdiction of the case.
ARTICLE VI ELECTIONS Chapter 1 - Conduct of Elections
SECTION 6-1-1. Applicability of general laws.
Except as otherwise provided by this charter, primaries and regular and special elections shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." As used in such Code, the terms "election" or "general election" shall be construed to include the term "regular election" as provided in Section 6-1-2 of this charter; the term "governing authority" shall include the chairperson and the Board of Commissioners of Roberta-Crawford County, Georgia; the terms "municipal," "municipality," or "county" shall include Roberta-Crawford County, Georgia; and the term "public office" shall include the elective offices of RobertaCrawford County, Georgia.
SECTION 6-1-2. Initial and regular elections; voting.
The initial members of the governing authority of Roberta-Crawford County shall be elected at a special election to be held on the third Tuesday in March, 2017. Subsequent elections shall be held as provided in Chapter 2 of Title 21 of the O.C.G.A. for partisan elections, in even numbered years, beginning in 2018. All elections shall be held as specified in general law. Except for special elections to fill vacancies in office, all officers who are required by this charter to be elected shall be elected at the November general election immediately preceding the expiration of such person's term of office.
ARTICLE VII REVENUE AND FINANCE Chapter 1 - Taxation and Other Revenues
SECTION 7-1-1. Levy and collection of taxes, fees, charges, and assessments; appropriations.
THURSDAY, MARCH 10, 2016
2155
The board of commissioners shall have full power and authority to levy and collect all taxes, charges, and assessments which counties and municipalities are authorized to levy and collect, to the full extent permitted by the Constitution and laws of the State of Georgia, whether local or general, including any tax hereafter authorized by state law.
SECTION 7-1-2. Services districts; taxation therein.
(a)(1) The general services district shall consist of the total area of Crawford County. Roberta-Crawford County shall perform within the general services district those duties, functions, and services which are generally available and accessible to all residents throughout the total area of such government. (2) The general services district shall constitute a general service tax district within which the board of commissioners shall levy and collect taxes and fees and shall appropriate money to perform and discharge those powers, functions, and services provided in such district. (b)(1) In addition to the general services district, the board of commissioners may also establish special services districts within which additional or higher levels of services are provided as cities and counties are so authorized by Article IX, Section II, Paragraph VI of the State Constitution. Roberta-Crawford County shall perform within any special services districts such additional, more comprehensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts. (2) Any special services district created by the board of commissioners shall constitute a special services tax district within which the board of commissioners may levy and collect additional taxes and fees and may appropriate additional money from such taxes and fees to perform and discharge those additional powers, functions, and additional services provided in such special services district by the unified government. (c) The assessment of real and personal property for ad valorem tax purposes shall be a uniform basis throughout the entire area of Roberta-Crawford County; provided, however, the rate and manner of additional taxation in services districts may vary in any services district from that in another or other services district in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services district or districts.
Chapter 2 - Borrowing and Indebtedness
SECTION 7-2-1. Allocation of indebtedness.
(a) All general indebtedness of Crawford County, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this
2156
JOURNAL OF THE HOUSE
charter, shall be allocated to Roberta-Crawford County and is hereby recognized as the obligation of Roberta-Crawford County, Georgia. (b) All general indebtedness of the City of Roberta, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter, shall be allocated to Roberta-Crawford County and is hereby recognized as the obligation of Roberta-Crawford County, Georgia. (c) All indebtedness associated with users of specific services, such as the city or county water systems, shall remain the obligation of the users of those systems respectively. (d) The annual tax levy ordinances for the general services district or any special services district shall provide, in addition to all other taxes assessed, a tax levy sufficient to pay the principal and interest charges on all outstanding general obligation bonds due or to be paid in the ensuing fiscal year.
SECTION 7-2-2. Source of funds.
(a) The board 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." (b) All revenue derived by the unified government 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. (c) The board shall be empowered and authorized to issue general obligation bonds, execute tax anticipation notes, and utilize any other manner of taxation or revenue generation otherwise allowable to counties and cities in the State of Georgia. (d) The board shall be empowered and authorized to accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the consolidated government and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose.
Chapter 3 - Financial Administration
SECTION 7-3-1. Fiscal year; budget; audit.
(a) The fiscal year of Roberta-Crawford County shall run from October 1 to September 30. (b) The board of commissioners of the unified government shall adopt an annual budget and provide for an annual audit as provided for in Chapter 81 of Title 36 of the O.C.G.A. (c) The manager, with input from all department heads and other appointed officials of the board of commissioners, shall prepare and present the annual budget of Roberta-
THURSDAY, MARCH 10, 2016
2157
Crawford County to the board of commissioners. The commissioners shall have full power and authority to adopt, reject, or amend the proposed budget. (d) The City of Roberta and Crawford County shall adopt budgets for the period from October 1, 2016, and the date on which the consolidated government becomes effective. Between January 1, 2018, and September 30, 2018, the consolidated government shall operate under the funds remaining from the fiscal year 2018 of the combined budgets of the City of Roberta and Crawford County. The first full fiscal year of the consolidated government shall begin October 1, 2018, and conclude September 30, 2019. Beginning in fiscal year 2021, effective October 1, 2020, the consolidated government shall roll back the effective millage rate one-half mill for three consecutive years. Such millage roll back may be suspended at the discretion of the board of commissioners in any given year if extreme economic circumstances require or if additional expenditures for public safety purposes are needed.
SECTION 7-3-2. 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.
ARTICLE VIII GENERAL PROVISIONS
SECTION 8-1-1. Application of laws; laws in force.
(a) The general laws of the State of Georgia and those general laws of local application through classification by population shall be applicable to and within the limits of Roberta-Crawford County. (b) Local Acts of the State of Georgia which apply specifically to either Crawford County, the City of Roberta, or both shall be applicable to Roberta-Crawford County. (c) In construing the applicability of provisions of the Constitution and the general laws of the State of Georgia which apply in general terms to either counties, municipalities, or both, and local Acts of the General Assembly that apply specifically to Crawford County, the City of Roberta, or both, the following terms as used in such laws shall be construed to include Roberta-Crawford County as follows:
(1) "County" shall be construed to include Roberta-Crawford County, Georgia; (2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Roberta-Crawford County, Georgia; (3) "Commissioners of roads and revenues," "board of commissioners," "county commissioner," and "commissioner" shall be construed to include the Board of Commissioners of Roberta-Crawford County, Georgia;
2158
JOURNAL OF THE HOUSE
(4) "Council," "mayor and council," "aldermen," "board of aldermen," and the "city commission" shall be construed to include the Board of Commissioners of RobertaCrawford County, Georgia; (5) "Chairman of the commissioners of roads and revenues," "chairman of the board of county commissioners," and "commissioner" shall be construed to include the chairperson of the Board of Commissioners of Roberta-Crawford County, Georgia; (6) "Mayor" shall be construed to include the chairperson of the Board of Commissioners of Roberta-Crawford County, Georgia; and (7) Any other terms and provisions as used in such Acts to refer specifically to Crawford County, the City of Roberta, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Roberta-Crawford County, Georgia, and its officers, employees, departments, and agencies. (d) In construing the applicability of laws in force to Roberta-Crawford County, 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, counties, or both; (3) The general laws of local application through classification by population; (4) Special laws applicable to Crawford County, not in conflict with this charter; (5) Special laws applicable to the City of Roberta, not in conflict with this charter; and (6) This charter and all ordinances and resolutions passed pursuant thereto.
SECTION 8-1-2. Federal and state aid.
For the purpose of determining its right to receive and for the purpose of receiving state aid or 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, RobertaCrawford County, Georgia, shall be deemed a county but shall also be deemed an incorporated municipality. When state aid or other grant-in-aid is distributed to any county or municipality on the basis of population, area, or both, then the entire population and the total area of Roberta-Crawford County and the population or the area of any special services district or districts, respectively, shall be considered in calculating and determining the basis for such distribution. When state aid or other grant-in-aid is distributed to any county on the basis of rural area, rural road mileage, or rural population, or any combination thereof, then that area of the general services district outside of any special services district shall be deemed to constitute a rural area, its road mileage to constitute rural road mileage, and its population to constitute rural population.
SECTION 8-1-3. Effect of repeals.
THURSDAY, MARCH 10, 2016
2159
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 8-1-4. 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.
SECTION 8-1-5. Tort and nuisance liability.
The tort and nuisance liability of the unified government shall follow the law and rules of the tort liability applicable to counties in Georgia.
ARTICLE IX TRANSITION PROVISIONS
SECTION 9-1-1. Election of first officials.
(a) The first Board of Commissioners of Roberta-Crawford County, Georgia, shall be elected as provided in Section 6-1-2 of this charter. (b) The election and any subsequent run-off shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." The superintendent of elections shall prepare a list of qualified voters for each of the five commissioner districts described in Section 2-1-2 of this charter. (c) The qualifications for office for such initial election shall be as prescribed by subsection (c) of Section 2-1-3 of this charter. (d) Any elected official of Crawford County or of the City of Roberta who is otherwise qualified under this charter shall be entitled to qualify and run for office of RobertaCrawford County.
SECTION 9-1-2. Initial terms of office.
All commissioners shall be elected for initial terms of office as set forth in Section 2-1-3 of this charter and shall thereafter be elected to four year terms.
2160
JOURNAL OF THE HOUSE
SECTION 9-1-3. 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 Roberta and Crawford County, on the effective date of consolidation, all services currently provided by the county to all residents of the presently unincorporated county shall be provided to all residents of Roberta-Crawford County. Assuming the continued availability of state and federal funds, this arrangement shall apply until modified by the board of commissioners.
SECTION 9-1-4. Initial budget.
The initial budget of the Roberta-Crawford County government for the period of time from the effective date of the government to the beginning of its first full fiscal year on October 1 shall be adopted at the first meeting of the Roberta-Crawford County Board of Commissioners.
SECTION 9-1-5. Cooperation of former governments.
(a) All officers, officials, and employees of the former City of Roberta and Crawford County shall cooperate with and assist the board of commissioners, the manager, and other officers of Roberta-Crawford County, Georgia:
(1) In planning the consolidation 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 Roberta-Crawford County, Georgia; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible, the officers of Roberta-Crawford County 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.
SECTION 9-1-6. Ordinances and resolutions.
The board of commissioners shall adopt a uniform body of ordinances and resolutions at its first regular meeting.
SECTION 9-1-7. Contracts and obligations.
THURSDAY, MARCH 10, 2016
2161
(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Crawford County or the City of Roberta or for the benefit of either the county or the city prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of Roberta-Crawford County; provided, however, that any obligations created by Crawford County or the City of Roberta 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 Roberta-Crawford County within six months following the effective date of this charter. (b) No pending action or proceeding of any nature, whether civil, criminal, judicial, administrative, or other, by or against the City of Roberta or Crawford County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and Roberta-Crawford County shall stand substituted as a party in lieu thereof.
SECTION 9-1-8. Dissolution of existing governments.
(a) On January 1, 2018, the charter of the City of Roberta, approved April 7, 1976 (Ga. L. 1976, p. 4127), as amended, is repealed in its entirety. (b) On January 1, 2018, the Office of the Board of Commissioners of Crawford County and the City Council of the City of Roberta and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon the governments of Crawford County and the City of Roberta shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in Roberta-Crawford County, Georgia.
SECTION 9-1-9. Transfer of records and equipment.
When an agency of the City of Roberta or of Crawford County is abolished or consolidated by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of the same shall be transferred to and vested in Roberta-Crawford County, Georgia.
SECTION 9-1-10. Officers serve until successors qualify.
Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Roberta or Crawford County shall 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
2162
JOURNAL OF THE HOUSE
no duty or services shall lapse or be abandoned because of lack of an officer to perform same.
SECTION 9-1-11. Referendum on the charter.
(a) It shall be the duty of the superintendent of elections of Crawford County to call a special election for approval or rejection of the proposed charter. Such special election shall be called for the Tuesday following the first Monday in November, 2016. The superintendent of elections 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 Crawford County. The ballot shall have written or printed thereon the following:
"( ) YES Shall the charter reorganizing and fully unifying the governments of the ( ) NO City of Roberta and Crawford County into a single government 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 Crawford County residing within the corporate limits of the City of Roberta are for approval of the charter and if more than one-half of the total number of votes cast by all the qualified voters of Crawford County are for approval of the charter, then the charter shall become effective on January 1, 2018. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Roberta and Crawford 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." (d) A qualified voter, as used in this Act, shall mean a voter of Crawford County qualified to vote for members of the General Assembly of Georgia. The superintendent of elections shall certify the returns to the Secretary of State.
SECTION 9-1-12. Effective date of charter.
Section 9-1-11 of this charter and those parts of the charter necessary for conducting elections in 2017 if the charter is ratified by the voters shall become effective upon the approval of this charter by the Governor or upon its becoming law without such approval. The remaining provisions of this charter shall become effective January 1, 2018.
SECTION 9-1-13. Repeal of conflicting laws.
All laws and parts of laws in conflict with this charter are repealed.
THURSDAY, MARCH 10, 2016
2163
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1113. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), so as to clarify the qualifications for participation in such health insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related 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 1114. 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); 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 1115. By Representatives Henson of the 86th, Drenner of the 85th, Oliver of the 82nd, Taylor of the 79th, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act to make provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended, so as to allow for service of a citation for or accusation of a violation of an ordinance concerning the condition of real property by leaving a copy at the premises where the violation is allegedly to have occurred, mailing a copy to the owner of the premises, and filing with the clerk of the magistrate court; to limit sanctions for violations when such form of service is used; to provide for related matters; to provide for a contingent
2164
JOURNAL OF THE HOUSE
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.
HB 1116. By Representatives Oliver of the 82nd, Holcomb of the 81st, Bennett of the 80th, Stephenson of the 90th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 3, 2015 (Ga. L. 2015, p. 3501), so as to provide for the payment of costs in such court; to provide for a failure to appear fee in such 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.
SB 412. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Hancock County and to provide for its powers and duties, approved April 20, 2011 (Ga. L. 2011, p. 3710), so as to change the manner of appointment of the board; to change the manner of selection of the chairperson; to provide for the continuation in office of the current 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.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 857. By Representatives Fleming of the 121st and Jackson of the 128th:
A BILL to be entitled an Act to provide a homestead exemption from McDuffie County school district ad valorem taxes for educational purposes in the amount of half the assessed value of the homestead for residents of that school district who are 70 years of age or older and in the full amount of the assessed value of the homestead for residents of that school district who are
THURSDAY, MARCH 10, 2016
2165
75 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 following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To provide a homestead exemption from McDuffie County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead for residents of such school district 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the McDuffie County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district 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) "Senior citizen" means a person who is 65 years of age or older 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 McDuffie County school district who is a senior citizen is granted an exemption on such person's homestead from McDuffie County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of McDuffie County, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of McDuffie County, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of McDuffie County, or the designee thereof, shall provide application forms for this purpose.
2166
JOURNAL OF THE HOUSE
(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 person granted the homestead exemption under subsection (b) of this section 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 McDuffie County, 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 any state ad valorem taxes, county ad valorem taxes for county purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of any other homestead exemption applicable to McDuffie County school district ad valorem taxes for educational 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 2.
The election superintendent of McDuffie County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the McDuffie County school district for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in May, 2016, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of McDuffie County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from McDuffie County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead for residents of such school district who are 65 years of age or older?"
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. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by McDuffie County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
THURSDAY, MARCH 10, 2016
2167
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.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, and on the agreement to the Senate substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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
Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick
Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice 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 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 Y Turner Y Waites Y Watson Y Welch Y Weldon E Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker
2168
JOURNAL OF THE HOUSE
On the passage of the Bills, and on the agreement to the Senate substitute, the ayes were 162, nays 0.
The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 425. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to provide for a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to modify compensation and expenses, rules of procedure, a quorum, removal of the city manager, council interference with administration, and selection of the mayor and mayor pro tempore; to modify membership of boards, commissions, and authorities; to modify provisions for vacancies; 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 782. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th, Barr of the 103rd, Coleman of the 97th and others:
A BILL to be entitled an Act to provide for the continuation of an alternative method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution among the Hall County School District, Gainesville City School District, and Buford City School District; to provide for an effective date, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 840. By Representatives Stephens of the 164th, McCall of the 33rd, Greene of the 151st, Parrish of the 158th and Smith of the 70th:
A BILL to be entitled an Act to amend Title 12 and Title 27 of the Official Code of Georgia Annotated, relating to conservation and natural resources and
THURSDAY, MARCH 10, 2016
2169
game and fish, respectively, so as to change provisions relating to rules and regulations used to establish criminal violations; to authorize the grant of wildlife exhibition permits for use by the film industry; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 697. By Representatives Kirby of the 114th, Harden of the 148th, Caldwell of the 20th, Burns of the 159th, Jasperse of the 11th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, so as to require solicitors to receive from consumers affirmative assent to continued receipt of certain merchandise following a free trial before charging; to provide for remedies; 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 425. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to provide for a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to modify compensation and expenses, rules of procedure, a quorum, removal of the city manager, council interference with administration, and selection of the mayor and mayor pro tempore; to modify membership of boards, commissions, and authorities; to modify provisions for vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
By unanimous consent, the following Bill of the Senate, having been previously postponed, was again postponed until the next legislative day:
SB 343. By Senator Parent of the 42nd:
A BILL to be entitled an Act to provide a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or
2170
JOURNAL OF THE HOUSE
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 following members were recognized during the period of Morning Orders and addressed the House:
Representatives Kelley of the 16th, Nix of the 69th, LaRiccia of the 169th, Ballinger of the 23rd, Williams of the 168th, England of the 116th, Battles of the 15th, Coomer of the 14th, Rynders of the 152nd et al., Carter of the 175th, Taylor of the 173rd, Marin of the 96th, Sharper of the 177th, Benton of the 31st et al., and Dukes of the 154th.
Pursuant to HR 1559, the House recognized and commended the students, coaches, and staff involved with the inaugural football season at Kennesaw State University.
Pursuant to HR 1397, the House recognized Mr. Derreck Kayongo and congratulated him upon his appointment as the new CEO of the Center for Civil and Human Rights.
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 Higher Education:
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.
The Speaker announced the House in recess until 1:15 o'clock, this afternoon.
THURSDAY, MARCH 10, 2016
2171
AFTERNOON SESSION
The Speaker called the House to order.
By order of the Committee on Rules, the following Resolution of the Senate was withdrawn from the General Calendar and recommitted to the Committee on State Properties:
SR 954. By Senators Jeffares of the 17th, Jones of the 25th, Kennedy of the 18th, Kirk of the 13th, Bethel of the 54th and others:
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 Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; to provide for an effective date; to repeal conflicting laws; 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 751. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; 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.
2172
JOURNAL OF THE HOUSE
The following Resolutions of the House were read and adopted:
HR 1656. By Representatives Stovall of the 74th, Thomas of the 56th, Jones of the 53rd and Scott of the 76th:
A RESOLUTION recognizing and commending Myrna Taylor Ransom; and for other purposes.
HR 1657. By Representatives Stovall of the 74th, Thomas of the 56th, Jones of the 53rd and Scott of the 76th:
A RESOLUTION recognizing and commending Regina Allen Slaughter; and for other purposes.
HR 1658. By Representatives Stovall of the 74th, Thomas of the 56th, Jones of the 53rd and Scott of the 76th:
A RESOLUTION recognizing Carol Blackmon; and for other purposes.
HR 1659. By Representatives Stovall of the 74th, Thomas of the 56th, Jones of the 53rd and Scott of the 76th:
A RESOLUTION recognizing Sylvia McAfee; and for other purposes.
HR 1660. By Representatives Stovall of the 74th, Thomas of the 56th, Jones of the 53rd and Scott of the 76th:
A RESOLUTION recognizing Michelle' Williams; and for other purposes.
HR 1661. By Representative Cheokas of the 138th:
A RESOLUTION congratulating Andrea Thomas on the occasion of her 75th birthday and on her 40th wedding anniversary; and for other purposes.
HR 1662. By Representatives Stovall of the 74th, Thomas of the 56th, Jones of the 53rd and Scott of the 76th:
A RESOLUTION recognizing Dee Hill; and for other purposes.
HR 1663. By Representative Cheokas of the 138th:
A RESOLUTION commending Russell Thomas, Jr.; and for other purposes.
THURSDAY, MARCH 10, 2016
2173
HR 1664. By Representatives Maxwell of the 17th, Gravley of the 67th, Rakestraw of the 19th and Alexander of the 66th:
A RESOLUTION recognizing and commending Raymond Franklin "Noah" Phillips III; and for other purposes.
HR 1665. By Representative Cheokas of the 138th:
A RESOLUTION recognizing March 25 as Greek Independence Day; and for other purposes.
HR 1666. By Representatives Coleman of the 97th, Casas of the 107th, Dudgeon of the 25th, Clark of the 101st, Dickson of the 6th and others:
A RESOLUTION recognizing and commending Dr. James "Jim" Puckett on the grand occasion of his retirement; and for other purposes.
HR 1667. By Representative Jones of the 62nd:
A RESOLUTION recognizing and commending Mr. Ron Clark; and for other purposes.
HR 1668. By Representative Cheokas of the 138th:
A RESOLUTION honoring and commending Reverend Dr. Willie Albert Pearman, Jr.; and for other purposes.
HR 1669. By Representatives Yates of the 73rd, Deffenbaugh of the 1st, Glanton of the 75th, Hitchens of the 161st, Prince of the 127th and others:
A RESOLUTION recognizing June 27, 2016, as Post-Traumatic Stress Injury Awareness Day and June, 2016, as Post-Traumatic Stress Injury Awareness Month and encouraging the Department of Public Health and Adjutant General to continue working to educate citizens about posttraumatic stress injury; and for other purposes.
HR 1670. By Representatives Jones of the 167th, Wilkinson of the 52nd, Spencer of the 180th, Setzler of the 35th, Powell of the 171st and others:
A RESOLUTION recognizing Representative Alex Atwood; and for other purposes.
2174
JOURNAL OF THE HOUSE
HR 1671. By Representative Dudgeon of the 25th:
A RESOLUTION commending and congratulating David Lang; and for other purposes.
HR 1672. By Representatives Oliver of the 82nd, Blackmon of the 146th, Tankersley of the 160th, Parrish of the 158th, Hatchett of the 150th and others:
A RESOLUTION commending the Lymphoma Research Foundation as the nation's only nonprofit organization devoted totally to innovative research to find a cure for this specific disease, and recognizing the Georgia Lymphoma Walk on April 16, 2016, as Cure Lymphoma Day in Georgia; and for other purposes.
HR 1673. By Representative Pruett of the 149th:
A RESOLUTION recognizing and commending Deputy Harry Thomas on the occasion of his retirement; and for other purposes.
HR 1674. By Representatives Meadows of the 5th, Coleman of the 97th, Carson of the 46th and Price of the 48th:
A RESOLUTION congratulating Robert Mell Aycock and Leona Justine Rittenhouse on the grand occasion of their wedding on October 15, 2016; and for other purposes.
HR 1675. By Representatives Atwood of the 179th, Yates of the 73rd, Spencer of the 180th, Jones of the 167th and Wilkinson of the 52nd:
A RESOLUTION recognizing and commending Ms. Sheila M. McNeill; and for other purposes.
HR 1676. By Representatives Atwood of the 179th, Jones of the 167th, Spencer of the 180th and Wilkinson of the 52nd:
A RESOLUTION Honoring Bessie Jones, Alan Lomax, and the Sea Island Singers; and for other purposes.
HR 1677. By Representatives Carson of the 46th, Mosby of the 83rd, Knight of the 130th and Wilkerson of the 38th:
A RESOLUTION commending Dr. Lowell Mooney, Chairman of the Georgia Society of CPAs; and for other purposes.
THURSDAY, MARCH 10, 2016
2175
HR 1678. By Representatives Rynders of the 152nd, Ealum of the 153rd, Greene of the 151st and Dukes of the 154th:
A RESOLUTION recognizing March, 2016, as Developmental Disabilities Awareness Month at the state capitol; and for other purposes.
HR 1679. By Representative Pirkle of the 155th:
A RESOLUTION recognizing the Turner County girls basketball team upon winning the 2016 State Class A Title; and for other purposes.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Cheokas of the 138th.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 751. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; 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:
2176
JOURNAL OF THE HOUSE
SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 751 A BILL TO BE ENTITLED AN ACT
To make and provide appropriations for the State Fiscal Year beginning July 1, 2016, and ending June 30, 2017; 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, 2016, and ending June 30, 2017, as prescribed hereinafter for such fiscal year:
HB 751 (FY 2017G)
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
$23,739,409,078 $23,739,409,078 $23,739,409,078
$20,428,002,694 $20,428,002,694 $20,428,002,694
$1,660,064,000 $1,660,064,000 $1,660,064,000
$1,073,563,561 $1,073,563,561 $1,073,563,561
$124,490,762 $124,490,762 $124,490,762
$1,325,935
$1,325,935
$1,325,935
$167,969,114 $167,969,114 $167,969,114
$283,993,012 $283,993,012 $283,993,012
$13,775,928,433 $13,783,254,953 $13,763,715,112
$3,881,365,328 $3,881,365,328 $3,881,365,328
$97,618,088 $97,618,088 $97,618,088
$209,161
$209,161
$209,161
$125,696,047 $125,696,047 $125,696,047
$14,420,230 $14,420,230 $14,420,230
$14,163,709 $14,163,709 $14,163,709
THURSDAY, MARCH 10, 2016
2177
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 FFIND 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
$16,735,414 $1,526,296,548
$93,370,209 $56,629,642 $16,884,236 $6,976,720,003
$25,838 $47,733,582
$2,403,579 $52,776,023 $40,481,142 $458,164,986 $331,269,739 $323,620,670
$7,649,069 $22,964,929 $6,100,701,695
$6,323,465 $6,323,465 $5,377,237 $5,377,237 $3,446,887 $3,446,887 $2,890,899,342 $214,057,828 $2,057,910,748 $618,930,766 $295,685,146 $295,685,146
$926,735 $926,735 $2,893,725,194 $606,000
$16,735,414 $1,526,296,548
$93,370,209 $56,629,642 $16,884,236 $6,984,046,523
$25,838 $47,733,582
$2,403,579 $52,776,023 $40,481,142 $458,164,986 $331,269,739 $323,620,670
$7,649,069 $22,964,929 $6,101,542,317
$6,323,465 $6,323,465 $5,377,237 $5,377,237 $3,446,887 $3,446,887 $2,890,599,342 $214,057,828 $2,057,910,748 $618,630,766 $295,685,146 $295,685,146
$926,735 $926,735 $2,895,049,566 $606,000
$16,735,414 $1,526,296,548
$93,370,209 $56,629,642 $16,884,236 $6,964,369,002
$25,838 $47,733,582
$2,403,579 $52,776,023 $40,481,142 $458,302,666 $331,269,739 $323,620,670
$7,649,069 $22,964,929 $6,101,542,317
$6,323,465 $6,323,465 $5,377,237 $5,377,237 $3,446,887 $3,446,887 $2,890,599,342 $214,057,828 $2,057,910,748 $618,630,766 $295,685,146 $295,685,146
$926,735 $926,735 $2,895,049,566 $606,000
2178
JOURNAL OF THE HOUSE
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 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 Hospital Provider Fee
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
$672,116,195 $673,440,567 $673,440,567
$2,221,002,999 $2,221,002,999 $2,221,002,999
$4,317,689
$4,133,939
$4,133,939
$4,317,689
$4,133,939
$4,133,939
$3,898,012,561 $3,894,754,024 $3,895,778,024
$3,886,938,169 $3,883,679,632 $3,884,703,632
$67,894,017 $67,894,017 $67,894,017
$21,708,650 $21,708,650 $21,706,650
$15,571,579 $15,571,579 $15,571,579
$3,294,877,137 $3,294,877,137 $3,294,877,137
$33,976,915 $33,976,915 $33,976,915
$15,226,753 $11,968,216 $12,994,216
$280,857,262 $280,857,262 $280,857,262
$56,903,535 $56,903,535 $56,903,535
$8,080,741
$8,080,741
$8,080,741
$91,841,580 $91,841,580 $91,841,580
$8,594,362
$8,594,362
$8,594,362
$8,594,362
$8,594,362
$8,594,362
$2,480,030
$2,480,030
$2,480,030
$1,850,225
$1,850,225
$1,850,225
$629,805
$629,805
$629,805
$43,616,039,206 $43,624,206,348 $43,604,666,507
$1,911,429,571 $1,911,429,571 $1,911,429,571
$1,163,646,298 $1,163,646,298 $1,163,646,298
$656,710,209 $656,710,209 $656,710,209
$95,791,385 $95,791,385 $95,791,385
($16,323,240) ($16,323,240) ($16,323,240)
($132,632)
($132,632)
($132,632)
$11,737,551 $11,737,551 $11,737,551
$406,341,268 $413,667,788 $394,127,947
$7,564,414
$7,564,414
$7,564,414
$14,576,161 $14,576,161 $14,576,161
THURSDAY, MARCH 10, 2016
2179
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
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 Accounting System Assessments Agency to Agency Contracts Health Insurance Payments Merit System Assessments Retirement Payments Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS
Reconciliation of Fund Availability to Fund Application
Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$388,196,163 $395,522,683 $375,845,162
$32,584,008 $32,584,008 $32,721,688
($36,579,478) ($36,579,478) ($36,579,478)
($36,579,478) ($36,579,478) ($36,579,478)
($468,022)
$372,600
$372,600
($713,673) ($1,013,673) ($1,013,673)
($713,673) ($1,013,673) ($1,013,673)
$245,651
$1,570,023
$1,570,023
$245,651
$1,570,023
$1,570,023
$0
($183,750)
($183,750)
$0
($183,750)
($183,750)
$77,721,755 $74,463,218 $75,487,218
$77,721,755 $74,463,218 $75,487,218
$1,843,522
$1,843,522
$1,841,522
($25,842)
($25,842)
($25,842)
$74,954,438 $74,954,438 $74,954,438
$3,258,537
$0
$1,026,000
$191,100
$191,100
$191,100
($4,500,000) ($4,500,000) ($4,500,000)
$2,000,000
$2,000,000
$2,000,000
$2,395,024,572 $2,399,933,177 $2,381,417,336
Section Total - Continuation
$10,770,129 $10,770,129 $10,770,129 $10,770,129 $10,770,129 $10,770,129
$10,770,129 $10,770,129 $10,770,129
2180
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$10,770,129 $10,770,129 $10,770,129
$10,770,129 $10,770,129 $10,770,129
$11,002,593 $11,002,593 $11,002,593
Lieutenant Governor's Office
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,278,792 $1,278,792 $1,278,792
$1,278,792 $1,278,792 $1,278,792
$1,278,792 $1,278,792 $1,278,792
1.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$28,693
1.2 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$407
1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$1,278,792 $1,278,792 $1,278,792
Appropriation (HB 751)
$1,278,792
$1,307,892
$1,278,792
$1,307,892
$1,278,792
$1,307,892
Secretary of the Senate's Office
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,170,326 $1,170,326 $1,170,326
$1,170,326 $1,170,326 $1,170,326
$1,170,326 $1,170,326 $1,170,326
2.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$25,290
2.2 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$359
THURSDAY, MARCH 10, 2016
2181
2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$1,170,326 $1,170,326 $1,170,326
Appropriation (HB 751)
$1,170,326
$1,195,975
$1,170,326
$1,195,975
$1,170,326
$1,195,975
Senate
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$7,228,476 $7,228,476 $7,228,476
$7,228,476 $7,228,476 $7,228,476
$7,228,476 $7,228,476 $7,228,476
3.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$144,133
3.2 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$2,047
3.100 -Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$7,228,476 $7,228,476 $7,228,476
Appropriation (HB 751)
$7,228,476
$7,374,656
$7,228,476
$7,374,656
$7,228,476
$7,374,656
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
$1,092,535 $1,092,535 $1,092,535
$1,092,535 $1,092,535 $1,092,535
$1,092,535 $1,092,535 $1,092,535
4.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$31,093
4.2 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$442
2182
JOURNAL OF THE HOUSE
4.100 -Senate Budget and Evaluation Office
Appropriation (HB 751)
The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.
TOTAL STATE FUNDS
$1,092,535
$1,092,535
$1,124,070
State General Funds
$1,092,535
$1,092,535
$1,124,070
TOTAL PUBLIC FUNDS
$1,092,535
$1,092,535
$1,124,070
Section 2: Georgia House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403
$18,967,403 $18,967,403 $18,967,403
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$18,967,403 $18,967,403 $18,967,403
$19,363,581 $19,363,581 $19,363,581
$19,361,657 $19,361,657 $19,361,657
House of Representatives
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$18,967,403 $18,967,403 $18,967,403
$18,967,403 $18,967,403 $18,967,403
$18,967,403 $18,967,403 $18,967,403
5.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$388,481
$388,481
5.2 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$7,697
$5,773
5.100-House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$18,967,403 $18,967,403 $18,967,403
Appropriation (HB 751)
$19,363,581 $19,361,657 $19,363,581 $19,361,657 $19,363,581 $19,361,657
THURSDAY, MARCH 10, 2016
2183
Section 3: Georgia General Assembly Joint Offices
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$10,542,093 $10,542,093 $10,542,093 $10,542,093 $10,542,093 $10,542,093
$10,542,093 $10,542,093 $10,542,093
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$10,542,093 $10,542,093 $10,542,093
$10,954,840 $10,954,840 $10,954,840
$10,964,722 $10,964,722 $10,964,722
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
$5,777,046 $5,777,046 $5,777,046
$5,777,046 $5,777,046 $5,777,046
$5,777,046 $5,777,046 $5,777,046
6.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$45,659
$45,659
6.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,181
6.100 -Ancillary Activities
The purpose of this appropriation is to provide services for the legislative branch of government.
TOTAL STATE FUNDS
$5,777,046
State General Funds
$5,777,046
TOTAL PUBLIC FUNDS
$5,777,046
Appropriation (HB 751)
$5,822,705 $5,822,705 $5,822,705
$5,823,886 $5,823,886 $5,823,886
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.
2184
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,307,716 $1,307,716 $1,307,716
$1,307,716 $1,307,716 $1,307,716
$1,307,716 $1,307,716 $1,307,716
7.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$23,953
$23,953
7.2 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($26,275)
($26,275)
7.3 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$11,980
$11,980
7.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$4,229
$3,172
7.5 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$620
7.100-Legislative Fiscal Office
Appropriation (HB 751)
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
$1,307,716
$1,321,603
$1,321,166
State General Funds
$1,307,716
$1,321,603
$1,321,166
TOTAL PUBLIC FUNDS
$1,307,716
$1,321,603
$1,321,166
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
$3,457,331 $3,457,331 $3,457,331
$3,457,331 $3,457,331 $3,457,331
$3,457,331 $3,457,331 $3,457,331
8.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$353,201
$353,201
THURSDAY, MARCH 10, 2016
2185
8.2 Increase funds to reflect an adjustment in merit system assessments. State General Funds
$9,138
8.100 -Office of Legislative Counsel
Appropriation (HB 751)
The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.
TOTAL STATE FUNDS
$3,457,331
$3,810,532
$3,819,670
State General Funds
$3,457,331
$3,810,532
$3,819,670
TOTAL PUBLIC FUNDS
$3,457,331
$3,810,532
$3,819,670
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
$34,993,596 $34,993,596
$34,993,596 $34,993,596
$640,000
$640,000
$640,000
$640,000
$640,000
$640,000
$35,633,596 $35,633,596
$34,993,596 $34,993,596
$640,000 $640,000 $640,000 $35,633,596
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$35,728,596 $35,728,596
$640,000 $640,000 $640,000 $36,368,596
$35,838,419 $35,838,419
$340,000 $340,000 $340,000 $36,178,419
$35,847,552 $35,847,552
$340,000 $340,000 $340,000 $36,187,552
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-
2186
JOURNAL OF THE HOUSE
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
$29,920,865 $29,920,865
$640,000 $640,000 $640,000 $30,560,865
$29,920,865 $29,920,865
$640,000 $640,000 $640,000 $30,560,865
$29,920,865 $29,920,865
$640,000 $640,000 $640,000 $30,560,865
9.1 Increase funds to conduct the financial audit, Single Audit, and State Health Benefit Plan audit for the Department of Community Health (DCH). (H and S:YES; Utilize existing funds to conduct the financial audit, Single Audit, and State Health Benefit Plan audit for the Department of Community Health)
State General Funds
$735,000
$0
$0
9.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$682,774
$682,774
9.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($14,633)
($14,633)
9.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$6,478
$6,478
9.5 Redirect existing funds to comply with O.C.G.A. 50-6-6 to perform local education audits. (H:YES)(S:YES)
State General Funds
$0
$0
9.6 Reduce agency funds to reflect projected receipts.
Intergovernmental Transfers Not Itemized
($300,000)
($300,000)
9.7 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$12,870
9.100 -Audit and Assurance Services
Appropriation (HB 751)
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
THURSDAY, MARCH 10, 2016
2187
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
$30,655,865 $30,595,484 $30,608,354
State General Funds
$30,655,865 $30,595,484 $30,608,354
TOTAL AGENCY FUNDS
$640,000
$340,000
$340,000
Intergovernmental Transfers
$640,000
$340,000
$340,000
Intergovernmental Transfers Not Itemized
$640,000
$340,000
$340,000
TOTAL PUBLIC FUNDS
$31,295,865 $30,935,484 $30,948,354
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
$2,380,309 $2,380,309 $2,380,309
$2,380,309 $2,380,309 $2,380,309
$2,380,309 $2,380,309 $2,380,309
10.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$72,000
$72,000
10.2 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($977)
($977)
10.3 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$500
$500
10.4 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$6,023
$6,023
10.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$25,502
$19,127
2188
JOURNAL OF THE HOUSE
10.6 Increase funds to reflect an adjustment in merit system assessments. State General Funds
$1,357
10.100-Departmental Administration
The purpose of this appropriation is to provide administrative support to all Department programs.
TOTAL STATE FUNDS
$2,380,309
State General Funds
$2,380,309
TOTAL PUBLIC FUNDS
$2,380,309
Appropriation (HB 751)
$2,483,357 $2,483,357 $2,483,357
$2,478,339 $2,478,339 $2,478,339
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 751)
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.
THURSDAY, MARCH 10, 2016
2189
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$252,560 $252,560 $252,560
$252,560 $252,560 $252,560
$252,560 $252,560 $252,560
12.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$4,000
$4,000
12.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$75
12.100 -Legislative Services
Appropriation (HB 751)
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
$256,560
$256,635
State General Funds
$252,560
$256,560
$256,635
TOTAL PUBLIC FUNDS
$252,560
$256,560
$256,635
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
$2,419,862 $2,419,862 $2,419,862
$2,419,862 $2,419,862 $2,419,862
$2,419,862 $2,419,862 $2,419,862
13.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$64,000
$64,000
13.2 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($1,344)
($1,344)
2190
JOURNAL OF THE HOUSE
13.3 Increase funds to reflect an adjustment in TeamWorks billings. State General Funds 13.4 Increase funds to reflect an adjustment in merit system assessments. State General Funds
$500
$500 $1,206
13.100 -Statewide Equalized Adjusted Property Tax Digest
Appropriation (HB 751)
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
$2,419,862
$2,483,018
$2,484,224
State General Funds
$2,419,862
$2,483,018
$2,484,224
TOTAL PUBLIC FUNDS
$2,419,862
$2,483,018
$2,484,224
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
$17,314,958 $17,314,958
$17,314,958 $17,314,958
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$17,464,958 $17,464,958
$17,314,958 $17,314,958
$150,000 $150,000 $150,000 $17,464,958
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$20,399,549 $20,399,549
$150,000 $150,000 $150,000 $20,549,549
$20,410,573 $20,410,573
$150,000 $150,000 $150,000 $20,560,573
$20,296,377 $20,296,377
$150,000 $150,000 $150,000 $20,446,377
THURSDAY, MARCH 10, 2016
2191
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
$17,314,958 $17,314,958
$150,000 $150,000 $150,000 $17,464,958
$17,314,958 $17,314,958
$150,000 $150,000 $150,000 $17,464,958
$17,314,958 $17,314,958
$150,000 $150,000 $150,000 $17,464,958
14.1 Increase funds for personnel and operations for three new judgeships per HB279 (2015 Session).
State General Funds
$1,729,107
$1,716,617
$1,716,617
14.2 Increase funds for a 5% salary adjustment to appellate court judges and 40 days of the adjusted expense allowance ($34,600) for judges residing 50 miles or more from the Judicial Building per HB279 (2015 Session).
State General Funds
$130,786
$130,786
$130,786
14.3 Increase funds to complete conversion of microfilm to searchable PDF format for court records. (H and S:Reduce one-time funds for the conversion of microfilm to searchable PDF format for court records)
State General Funds
$60,000
($60,000)
($60,000)
14.4 Increase funds for personnel for one additional procurement and facilities position.
State General Funds
$73,190
$73,190
$73,190
14.5 Increase funds for personnel to restore two central staff attorney positions. (H:Increase funds for one central staff attorney position)
State General Funds
$253,231
$126,616
$253,231
14.6 Increase funds for personnel to restore one systems analyst position.
State General Funds
$114,801
$114,801
$0
14.7 Increase funds for personnel to restore one deputy court administrator/attorney position.
State General Funds
$156,296
$0
$156,296
14.8 Increase funds for one-time funding to update the audiovisual system that supports the courtroom video streaming project.
State General Funds
$139,150
$139,150
$0
2192
JOURNAL OF THE HOUSE
14.9 Increase funds to provide live streaming of oral arguments and storage for online viewing.
State General Funds
$3,500
$3,500
$0
14.10 Increase funds for personnel to provide a step increase on the attorney salary scale.
State General Funds
$120,967
$0
$0
14.11 Increase funds for personnel to share costs for one deputy reporter position and one clerk position with the Supreme Court. (H and S:Increase funds to share costs of one assistant reporter position with the Supreme Court)
State General Funds
$112,463
$78,148
$78,148
14.12 Increase funds for one-time funding for the purchase of seven servers.
State General Funds
$70,000
$70,000
$70,000
14.13 Increase funds for one-time funding to update e-filing applications and allow judges to access trial court records from tablet devices.
State General Funds
$121,100
$121,100
$121,100
14.14 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$536,968
$385,052
14.15 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($3,966)
($3,966)
14.16 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$1,664
$1,664
14.17 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$12,725
$9,544
14.18 Increase funds to share costs of one editorial assistant position with the Supreme Court.
State General Funds
$34,316
$34,316
14.19 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$15,441
THURSDAY, MARCH 10, 2016
2193
14.100 -Court of Appeals
Appropriation (HB 751)
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
$20,399,549 $20,410,573 $20,296,377
State General Funds
$20,399,549 $20,410,573 $20,296,377
TOTAL AGENCY FUNDS
$150,000
$150,000
$150,000
Sales and Services
$150,000
$150,000
$150,000
Sales and Services Not Itemized
$150,000
$150,000
$150,000
TOTAL PUBLIC FUNDS
$20,549,549 $20,560,573 $20,446,377
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
$14,427,413 $14,427,413
$14,427,413 $14,427,413
$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
$18,125,346 $18,125,346
$14,427,413 $14,427,413
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $18,125,346
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
$15,292,449 $15,292,449
$1,627,367 $1,627,367 $1,024,998 $1,024,998 $1,024,998 $17,944,814
$14,816,171 $14,816,171
$1,627,367 $1,627,367 $1,024,998 $1,024,998 $1,024,998 $17,468,536
$14,656,769 $14,656,769
$1,627,367 $1,627,367 $1,024,998 $1,024,998 $1,024,998 $17,309,134
2194
JOURNAL OF THE HOUSE
Council of Accountability Court Judges
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
$446,319 $446,319 $446,319
$446,319 $446,319 $446,319
$446,319 $446,319 $446,319
15.1 Transfer funds from the Criminal Justice Coordinating Council to the Council of Accountability Court Judges for personnel and operations to support information technology infrastructure, research, case management, and statewide reporting for Council of Accountability Court Judges at the Administrative Office of the Courts pursuant to HB328 (2015 Session).
State General Funds
$156,631
$156,631
$156,631
15.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$8,026
$8,026
15.3 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$167
15.98 Change the name of the Accountability Courts program to the Council of Accountability Court Judges program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
15.99 SAC: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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. House: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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. Governor: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court
THURSDAY, MARCH 10, 2016
2195
Judges. 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.
State General Funds
$0
$0
$0
15.100 -Council of Accountability Court Judges
Appropriation (HB 751)
The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency
treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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
$602,950
$610,976
$611,143
State General Funds
$602,950
$610,976
$611,143
TOTAL PUBLIC FUNDS
$602,950
$610,976
$611,143
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 751)
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
$172,890
$172,890
$172,890
2196
JOURNAL OF THE HOUSE
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
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 merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$4,718
$19,868
$19,868
17.2 Increase funds for operations, information technology and licensing for services provided to multiple classes of court.
State General Funds
$24,000
$24,000
$24,000
17.3 Increase funds for event management software for training support and services provided to multiple classes of court. (H:Provide one-time funds for event management software for training support and services provided to multiple classes of court)(S:YES; Utilize existing funds for event management software for training support and services provided to multiple classes of court)
State General Funds
$43,000
$43,000
$0
17.4 Increase funds for personnel for one electronic media curriculum designer position to expand delivery of computer-based, online training for judges.
State General Funds
$52,000
$0
$0
17.100 -Institute of Continuing Judicial Education
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2197
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$595,507 $595,507 $703,203 $703,203 $703,203 $1,298,710
$558,657 $558,657 $703,203 $703,203 $703,203 $1,261,860
$515,657 $515,657 $703,203 $703,203 $703,203 $1,218,860
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
$12,178,882 $12,178,882
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $15,000,722
$12,178,882 $12,178,882
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $15,000,722
$12,178,882 $12,178,882
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $15,000,722
18.1 Increase funds to continue the Cold Case Project to identify children most likely to age out of foster care without a family.
State General Funds
$75,000
$75,000
$75,000
18.2 Increase funds to create a statewide repository for Probate Court records and a central point of contact for retrieving records.
State General Funds
$40,000
$0
$0
18.3 Increase funds for grants for civil legal services to victims of domestic violence.
State General Funds
$193,125
$193,125
$96,562
2198
JOURNAL OF THE HOUSE
18.4 Increase funds for the Council of Municipal Court Judges for publication of standard operating procedures, continued strategic business and information technology planning, and executive committee and district representative travel to present low-cost training to judges.
State General Funds
$21,795
$21,795
$0
18.5 Increase funds for ten parent accountability court coordinator positions. (H and S:YES; Reflect in the Department of Human Services Child Support Services program)
State General Funds
$247,267
$0
$0
18.6 Increase funds to improve and expand training for members of the Georgia Council of Court Administrators.
State General Funds
$7,500
$7,500
$7,500
18.7 Reduce funds based on projected revenues.
Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds:
($925,568) ($120,000) ($1,045,568)
($925,568) ($120,000) ($1,045,568)
($925,568) ($120,000) ($1,045,568)
18.8 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$153,733
$153,733
18.9 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($27,510)
($27,510)
18.10 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($582)
($582)
18.11 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$5,959
$4,469
18.12 Reduce funds to reflect a change in the employer contribution rate for the Judicial Retirement System from 12.19% to 10.48%.
State General Funds
($199,470)
($199,470)
18.13 Reduce funds for one-time funding for the implementation of a statewide e-filing portal.
State General Funds
($96,000)
($96,000)
18.14 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,202
THURSDAY, MARCH 10, 2016
2199
18.99 SAC: The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, the State Court Judges, and the Georgia Council of Court Administrators; to operate the Child Support E-Filing system, the Child Support Guidelines Commission, and the Commission on Interpreters; and to support the Committee on Justice for Children. House: The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, the State Court Judges, and the Georgia Council of Court Administrators; to operate the Child Support E-Filing system, the Child Support Guidelines Commission, and the Commission on Interpreters; and to support the Committee on Justice for Children. Governor: The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, the State Court Judges, and the Georgia Council of Court Administrators; to operate the Child Support E-Filing system, the Child Support Guidelines Commission, the Commission on Interpreters, and the Office of Children, Family and the Courts; and to support the Committee on Justice for Children.
State General Funds
$0
$0
$0
18.100 -Judicial Council
Appropriation (HB 751)
The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the
councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, the State Court Judges, and the
Georgia Council of Court Administrators; to operate the Child Support E-Filing system, the Child Support Guidelines Commission,
and the Commission on Interpreters; and to support the Committee on Justice for Children.
TOTAL STATE FUNDS
$12,763,569 $12,312,432 $12,195,786
State General Funds
$12,763,569 $12,312,432 $12,195,786
TOTAL FEDERAL FUNDS
$1,627,367
$1,627,367
$1,627,367
Federal Funds Not Itemized
$1,627,367
$1,627,367
$1,627,367
TOTAL AGENCY FUNDS
$148,905
$148,905
$148,905
Sales and Services
$148,905
$148,905
$148,905
Sales and Services Not Itemized
$148,905
$148,905
$148,905
TOTAL PUBLIC FUNDS
$14,539,841 $14,088,704 $13,972,058
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
2200
JOURNAL OF THE HOUSE
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
$530,423 $530,423 $530,423
$530,423 $530,423 $530,423
$530,423 $530,423 $530,423
19.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$3,683
$3,683
19.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$77
19.100-Judicial Qualifications Commission
Appropriation (HB 751)
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
$530,423
$534,106
$534,183
State General Funds
$530,423
$534,106
$534,183
TOTAL PUBLIC FUNDS
$530,423
$534,106
$534,183
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 751)
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.
THURSDAY, MARCH 10, 2016
2201
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$800,000 $800,000 $800,000
$800,000 $800,000 $800,000
$800,000 $800,000 $800,000
Section 7: Juvenile Courts
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$7,606,988
$7,606,988
$7,606,988
$7,606,988
$447,456
$447,456
$447,456
$447,456
$8,054,444
$8,054,444
$7,606,988 $7,606,988
$447,456 $447,456 $8,054,444
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$10,373,112 $10,373,112 $10,373,112
$7,542,148 $7,542,148 $7,542,148
$7,542,885 $7,542,885 $7,542,885
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
$1,553,655 $1,553,655
$447,456 $447,456 $2,001,111
$1,553,655 $1,553,655
$447,456 $447,456 $2,001,111
$1,553,655 $1,553,655
$447,456 $447,456 $2,001,111
21.1 Eliminate funds based on projected revenues.
Federal Funds Not Itemized
($447,456)
($447,456)
($447,456)
21.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$37,763
$37,763
21.3 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$737
2202
JOURNAL OF THE HOUSE
21.100 -Council of Juvenile Court Judges
Appropriation (HB 751)
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
$1,553,655
$1,591,418
$1,592,155
State General Funds
$1,553,655
$1,591,418
$1,592,155
TOTAL PUBLIC FUNDS
$1,553,655
$1,591,418
$1,592,155
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
$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
22.1 Increase funds to provide a judicial salary increase.
State General Funds
$2,766,124
$0
$0
22.2 Reduce funds to reflect a change in the employer contribution rate for the Judicial Retirement System from 12.19% to 10.48%.
State General Funds
($102,603)
($102,603)
22.100 -Grants to Counties for Juvenile Court Judges
Appropriation (HB 751)
The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.
TOTAL STATE FUNDS
$8,819,457
$5,950,730
$5,950,730
State General Funds
$8,819,457
$5,950,730
$5,950,730
TOTAL PUBLIC FUNDS
$8,819,457
$5,950,730
$5,950,730
Section 8: Prosecuting Attorneys
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers
Section Total - Continuation
$71,295,494 $71,295,494
$71,295,494 $71,295,494
$2,047,482
$2,047,482
$245,355
$245,355
$245,355
$245,355
$1,802,127
$1,802,127
$71,295,494 $71,295,494
$2,047,482 $245,355 $245,355
$1,802,127
THURSDAY, MARCH 10, 2016
2203
Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$1,802,127 $73,342,976
$1,802,127 $73,342,976
$1,802,127 $73,342,976
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
$78,690,387 $78,690,387
$2,021,640 $219,513 $219,513
$1,802,127 $1,802,127 $80,712,027
$76,899,402 $76,899,402
$2,021,640 $219,513 $219,513
$1,802,127 $1,802,127 $78,921,042
$77,058,700 $77,058,700
$2,021,640 $219,513 $219,513
$1,802,127 $1,802,127 $79,080,340
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 751)
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.
2204
JOURNAL OF THE HOUSE
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
$64,578,481 $64,578,481
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $66,625,963
$64,578,481 $64,578,481
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $66,625,963
$64,578,481 $64,578,481
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $66,625,963
24.1 Increase funds to reflect the adjustment in the employer share for District Attorneys in the Judicial Retirement System from 6.98% to 12.19%. (H and S:Increase funds to reflect an increase in the employer's share for district attorneys in the Judicial Retirement System from 6.98% to 10.48%)
State General Funds
$266,719
$188,501
$188,501
24.2 Increase funds to annualize the accountability court supplement for district attorneys per HB279 (2015 Session).
State General Funds
$183,642
$183,642
$183,642
24.3 Increase funds to annualize a salary increase for district attorneys per HB279 (2015 Session).
State General Funds
$219,874
$219,874
$219,874
24.4 Increase funds to annualize an additional assistant district attorney position for the new judgeship in the Western Judicial Circuit per HB279 (2015 Session).
State General Funds
$78,392
$78,392
$78,392
24.5 Increase funds for personnel for recruitment, retention and career advancement of assistant district attorneys.
State General Funds
$4,332,964
$1,347,804
$1,797,059
24.6 Increase funds for personnel to provide one additional assistant district attorney for six newly established accountability courts in the following circuits per HB279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.
State General Funds
$596,211
$0
$596,211
24.7 Increase funds to provide an accountability court supplement for district attorneys for six newly established accountability courts in the following circuits per HB279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.
State General Funds
$55,829
$55,829
$55,829
24.8 Increase funds for personnel for 15 additional assistant district attorney positions to support juvenile courts across the state. (S:Increase funds for personnel for 5 additional assistant district attorney positions to support juvenile courts across the state)
State General Funds
$1,455,049
$1,455,049
$485,016
THURSDAY, MARCH 10, 2016
2205
24.9 Reduce funds to reflect a reduction in the contract with the Department of Human Services.
Agency to Agency Contracts
($25,842)
($25,842)
($25,842)
24.10 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$1,574,496
$1,574,496
24.11 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$167,468
$167,468
24.12 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$52,036
$39,027
24.13 Increase funds to annualize an additional assistant district attorney position for the new judgeship in the Clayton Judicial Circuit per HB804 (2016 Session).
State General Funds
$48,600
24.14 Increase funds to reflect an adjustment in merit system increases.
State General Funds
$45,156
24.100-District Attorneys
Appropriation (HB 751)
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
$71,767,161 $69,901,572 $70,057,752
State General Funds
$71,767,161 $69,901,572 $70,057,752
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$2,021,640
$2,021,640
$2,021,640
State Funds Transfers
$219,513
$219,513
$219,513
Agency to Agency Contracts
$219,513
$219,513
$219,513
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
$73,788,801 $71,923,212 $72,079,392
Prosecuting Attorneys' Council
Continuation Budget
The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.
2206
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$6,531,433 $6,531,433 $6,531,433
$6,531,433 $6,531,433 $6,531,433
$6,531,433 $6,531,433 $6,531,433
25.1 Increase funds to reflect the adjustment in the employer share for Solicitors in the Judicial Retirement System from 6.98% to 12.19%. (H and S:Increase funds to reflect an increase in the employer's share for solicitors in the Judicial Retirement System from 6.98% to 10.48%)
State General Funds
$206,213
$141,220
$141,220
25.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$108,726
$108,726
25.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$9,841
$9,841
25.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$21,030
$21,030
25.5 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,118
25.100 -Prosecuting Attorneys' Council
Appropriation (HB 751)
The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.
TOTAL STATE FUNDS
$6,737,646
$6,812,250
$6,815,368
State General Funds
$6,737,646
$6,812,250
$6,815,368
TOTAL PUBLIC FUNDS
$6,737,646
$6,812,250
$6,815,368
Section 9: Superior Courts
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services
Section Total - Continuation
$69,084,000 $69,084,000
$69,084,000 $69,084,000
$147,000
$147,000
$87,000
$87,000
$87,000
$87,000
$60,000
$60,000
$69,084,000 $69,084,000
$147,000 $87,000 $87,000 $60,000
THURSDAY, MARCH 10, 2016
2207
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$60,000 $69,231,000
$60,000 $69,231,000
$60,000 $69,231,000
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
$71,875,172 $71,875,172
$147,000 $87,000 $87,000 $60,000 $60,000
$72,022,172
$72,068,202 $72,068,202
$147,000 $87,000 $87,000 $60,000 $60,000
$72,215,202
$71,887,260 $71,887,260
$147,000 $87,000 $87,000 $60,000 $60,000
$72,034,260
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
$1,397,409 $1,397,409
$60,000 $60,000 $60,000 $1,457,409
$1,397,409 $1,397,409
$60,000 $60,000 $60,000 $1,457,409
$1,397,409 $1,397,409
$60,000 $60,000 $60,000 $1,457,409
26.1 Increase funds for personnel for one accountant position.
State General Funds
$73,257
$73,257
$73,257
26.2 Increase funds for personnel for one project coordinator position.
State General Funds
$97,679
$0
$0
26.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$38,104
$38,104
26.4 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,402
2208
JOURNAL OF THE HOUSE
26.100 -Council of Superior Court Judges
Appropriation (HB 751)
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
$1,568,345
$1,508,770
$1,512,172
State General Funds
$1,568,345
$1,508,770
$1,512,172
TOTAL AGENCY FUNDS
$60,000
$60,000
$60,000
Sales and Services
$60,000
$60,000
$60,000
Sales and Services Not Itemized
$60,000
$60,000
$60,000
TOTAL PUBLIC FUNDS
$1,628,345
$1,568,770
$1,572,172
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
$2,550,051 $2,550,051
$87,000 $87,000 $87,000 $2,637,051
$2,550,051 $2,550,051
$87,000 $87,000 $87,000 $2,637,051
$2,550,051 $2,550,051
$87,000 $87,000 $87,000 $2,637,051
27.1 Increase funds to adjust for rising costs and to support new judgeships and accountability courts.
State General Funds
$56,536
$56,536
$56,536
27.2 Increase funds to promote recruitment and retention of qualified staff.
State General Funds
$128,566
$0
$0
27.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$64,452
$64,452
27.100 -Judicial Administrative Districts
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2209
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$2,735,153 $2,735,153
$87,000 $87,000 $87,000 $2,822,153
$2,671,039 $2,671,039
$87,000 $87,000 $87,000 $2,758,039
$2,671,039 $2,671,039
$87,000 $87,000 $87,000 $2,758,039
Superior Court Judges
Continuation Budget
The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise
exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land, provided that law clerks over
the fifty provided by law are to be allocated back to the circuits by caseload ranks.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$65,136,540 $65,136,540 $65,136,540
$65,136,540 $65,136,540 $65,136,540
$65,136,540 $65,136,540 $65,136,540
28.1 Increase funds for personnel to annualize the cost of the new judgeship in the Western Circuit created by HB279 (2015 Session).
State General Funds
$277,880
$277,880
$277,880
28.2 Increase funds to annualize the cost of the judicial salary increase for Superior Court judges per HB279 (2015 Session).
State General Funds
$1,803,647
$1,803,647
$1,803,647
28.3 Increase funds to provide one additional judgeship in the Clayton Circuit.
State General Funds
$185,253
$185,253
$185,253
28.4 Increase funds to provide supplements to Superior Court Judges in nine circuits that created accountability courts per HB279 (2015 Session). (H and S:Increase funds to provide an accountability court supplement for Superior Court judges for six newly established accountability courts in the following circuits per HB279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs)
State General Funds
$221,161
$175,086
$175,086
28.5 Increase funds for personnel to restore four law clerk positions. (S:Increase funds for personnel to restore two law clerk positions)
State General Funds
$261,044
$261,044
$130,522
2210
JOURNAL OF THE HOUSE
28.6 Increase funds for personnel to provide a salary increase for 22 secretaries.
State General Funds
$180,530
$0
$0
28.7 Eliminate funds for one-time equipment costs associated with the Coweta and Waycross judgeships created in HB742 (2014 Session).
State General Funds
($60,500)
($60,500)
($60,500)
28.8 Reduce funds to reflect the adjustment in the employer share of the Judicial Retirement System from 12.19% to 10.48%.
State General Funds
($433,881)
($433,881)
($433,881)
28.9 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$563,062
$563,062
28.10 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($46,045)
($46,045)
28.11 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$9,915
$9,915
28.12 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$16,392
$12,294
28.13 Reduce funds for senior judges.
State General Funds
($100,000)
28.14 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$50,276
28.100 -Superior Court Judges
Appropriation (HB 751)
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
$67,571,674 $67,888,393 $67,704,049
State General Funds
$67,571,674 $67,888,393 $67,704,049
TOTAL PUBLIC FUNDS
$67,571,674 $67,888,393 $67,704,049
THURSDAY, MARCH 10, 2016
2211
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
$10,312,655 $10,312,655
$10,312,655 $10,312,655
$1,859,823
$1,859,823
$1,859,823
$1,859,823
$1,859,823
$1,859,823
$12,172,478 $12,172,478
$10,312,655 $10,312,655
$1,859,823 $1,859,823 $1,859,823 $12,172,478
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$11,034,841 $11,034,841
$1,859,823 $1,859,823 $1,859,823 $12,894,664
$11,053,820 $11,053,820
$1,859,823 $1,859,823 $1,859,823 $12,913,643
$10,904,758 $10,904,758
$1,859,823 $1,859,823 $1,859,823 $12,764,581
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
$10,312,655 $10,312,655
$1,859,823 $1,859,823 $1,859,823 $12,172,478
$10,312,655 $10,312,655
$1,859,823 $1,859,823 $1,859,823 $12,172,478
29.1 Increase funds for annual maintenance costs for trial court records in the case management system.
State General Funds
$20,000
$20,000
$10,312,655 $10,312,655
$1,859,823 $1,859,823 $1,859,823 $12,172,478
$20,000
2212
JOURNAL OF THE HOUSE
29.2 Increase funds for personnel for one systems analyst position.
State General Funds
$114,801
$114,801
$0
29.3 Increase funds to annualize salary, per diem, and commute mileage increases per HB279 (2015 Session).
State General Funds
$82,127
$63,557
$63,557
29.4 Increase funds for personnel for one procurement and facilities position.
State General Funds
$71,237
$0
$0
29.5 Increase funds for personnel for one administrative assistant position.
State General Funds
$79,532
$0
$79,532
29.6 Increase funds for personnel for one assistant position to support the clerk's office and public affairs office.
State General Funds
$86,395
$86,395
$86,395
29.7 Increase funds to annualize increases in rent, information technology equipment, supplies and publication costs.
State General Funds
$33,976
$33,976
$0
29.8 Increase funds for personnel to provide a salary adjustment for 24 law assistants.
State General Funds
$88,320
$0
$0
29.9 Increase funds for continuing professional legal education training for staff attorneys.
State General Funds
$4,800
$4,800
$4,800
29.10 Increase funds for increased security costs. (H and S:Provide one-time funds for increased security features)
State General Funds
$10,969
$10,969
$10,969
29.11 Increase funds to repair and replace furniture. (H:Provide one-time funds to repair or replace furniture)
State General Funds
$17,565
$17,565
$0
29.12 Increase funds for personnel to share costs of one assistant reporter position with the Court of Appeals.
State General Funds
$78,148
$78,148
$78,148
29.13 Increase funds for personnel to share costs of one editorial assistant position with the Court of Appeals.
State General Funds
$34,316
$34,316
$34,316
29.14 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$267,402
$199,466
THURSDAY, MARCH 10, 2016
2213
29.15 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($700)
($700)
29.16 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$1,975
$1,975
29.17 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$7,961
$5,971
29.18 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$7,674
29.100-Supreme Court of Georgia
Appropriation (HB 751)
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
$11,034,841 $11,053,820 $10,904,758
State General Funds
$11,034,841 $11,053,820 $10,904,758
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
$12,894,664 $12,913,643 $12,764,581
Section 11: Accounting Office, State
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
Section Total - Continuation
$7,703,544
$7,703,544
$7,703,544
$7,703,544
$20,450,051 $20,450,051
$20,450,051 $20,450,051
$19,865,128 $19,865,128
$7,703,544 $7,703,544 $20,450,051 $20,450,051 $19,865,128
2214
JOURNAL OF THE HOUSE
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$584,923 $28,153,595
$584,923 $28,153,595
$584,923 $28,153,595
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Final
$7,727,793 $7,727,793 $22,293,573 $22,293,573 $21,708,650
$584,923 $30,021,366
$7,720,609 $7,720,609 $22,293,573 $22,293,573 $21,708,650
$584,923 $30,014,182
$7,651,231 $7,651,231 $22,291,573 $22,291,573 $21,706,650
$584,923 $29,942,804
Administration
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
30.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$3,460
$3,460
$3,460
30.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$155
$0
$97
30.3 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$2,886
$2,165
30.98 Transfer funds and associated positions from the State Accounting Office program to the Administration program.
State General Funds Accounting System Assessments Total Public Funds:
$328,455 $1,269,078 $1,597,533
$328,455 $1,269,078 $1,597,533
$328,455 $1,269,078 $1,597,533
30.99 SAC: The purpose of this appropriation is to provide administrative support to all department programs. House: The purpose of this appropriation is to provide administrative support to all department programs. Governor: The purpose of this appropriation is to provide administrative support to all department programs.
State General Funds
$0
$0
$0
THURSDAY, MARCH 10, 2016
2215
30.100 -Administration
The purpose of this appropriation is to provide administrative support to all department programs.
TOTAL STATE FUNDS
$332,070
State General Funds
$332,070
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$1,269,078
State Funds Transfers
$1,269,078
Accounting System Assessments
$1,269,078
TOTAL PUBLIC FUNDS
$1,601,148
Appropriation (HB 751)
$334,801 $334,801 $1,269,078 $1,269,078 $1,269,078 $1,603,879
$334,177 $334,177 $1,269,078 $1,269,078 $1,269,078 $1,603,255
Financial Systems
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
31.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Accounting System Assessments
$351,354
$351,354
$351,354
31.2 Replace funds for personnel for two positions.
State General Funds Accounting System Assessments Total Public Funds:
($264,306) $264,306
$0
($264,306) $264,306
$0
($264,306) $264,306
$0
31.3 Increase funds to recognize additional revenue from TeamWorks billings.
Accounting System Assessments
$797,179
$797,179
$797,179
31.4 Transfer two positions from the Shared Services program to the Financial Systems program and utilize agency funds.
Accounting System Assessments
$197,670
$197,670
$195,670
31.98 Transfer funds and associated positions from the State Accounting Office program to the Financial Systems program.
State General Funds Accounting System Assessments Total Public Funds:
$428,306 $17,599,617 $18,027,923
$428,306 $17,599,617 $18,027,923
$428,306 $17,599,617 $18,027,923
31.99 SAC: The purpose of this appropriation is to operate, support, monitor, and improve the State's enterprise financial accounting, payroll, and human capital management systems. House: The purpose of this appropriation is to operate, support, monitor, and improve the State's enterprise financial accounting, payroll, and human capital management systems.
2216
JOURNAL OF THE HOUSE
Governor: The purpose of this appropriation is to provide operate, support, monitor, and improve the State's enterprise financial accounting, payroll, and human capital management systems.
State General Funds
$0
$0
$0
31.100 -Financial Systems
Appropriation (HB 751)
The purpose of this appropriation is to operate, support, monitor, and improve the State's enterprise financial accounting, payroll,
and human capital management systems.
TOTAL STATE FUNDS
$164,000
$164,000
$164,000
State General Funds
$164,000
$164,000
$164,000
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$19,210,126 $19,210,126 $19,208,126
State Funds Transfers
$19,210,126 $19,210,126 $19,208,126
Accounting System Assessments
$19,210,126 $19,210,126 $19,208,126
TOTAL PUBLIC FUNDS
$19,374,126 $19,374,126 $19,372,126
Shared Services
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
32.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds Accounting System Assessments Total Public Funds:
$41,563 $12,662 $54,225
$41,563 $12,662 $54,225
$41,563 $12,662 $54,225
32.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,864
$0
$1,163
32.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($5,719)
($5,719)
($5,719)
32.4 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$704
$704
$704
THURSDAY, MARCH 10, 2016
2217
32.5 Replace funds for personnel for one payroll shared services position.
State General Funds Accounting System Assessments Total Public Funds:
($147,913) $147,913
$0
($147,913) $147,913
$0
($147,913) $147,913
$0
32.6 Reduce funds for personnel and transfer two positions from the Shared Services program to the Financial Systems program.
State General Funds
($195,670)
($195,670)
($195,670)
32.7 Increase funds for personnel to fill one vacant payroll technician position.
Accounting System Assessments
$72,438
$72,438
$72,438
32.98 Transfer funds and associated positions from the State Accounting Office program to the Shared Services program.
State General Funds Accounting System Assessments Agency to Agency Contracts Total Public Funds:
$1,142,654 $885,421 $584,923
$2,612,998
$1,142,654 $885,421 $584,923
$2,612,998
$1,142,654 $885,421 $584,923
$2,612,998
32.99 SAC: The purpose of this appropriation is to support client agencies in processing payroll and other financial transactions and to implement and support the Statewide Travel Consolidation Program. House: The purpose of this appropriation is to support client agencies in processing payroll and other financial transactions and to implement and support the Statewide Travel Consolidation Program. Governor: The purpose of this appropriation is to support client agencies in processing payroll and other financial transactions and to implement and support the Statewide Travel Consolidation Program.
State General Funds
$0
$0
$0
32.100 -Shared Services
Appropriation (HB 751)
The purpose of this appropriation is to support client agencies in processing payroll and other financial transactions and to
implement and support the Statewide Travel Consolidation Program.
TOTAL STATE FUNDS
$837,483
$835,619
$836,782
State General Funds
$837,483
$835,619
$836,782
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$1,703,357
$1,703,357
$1,703,357
State Funds Transfers
$1,703,357
$1,703,357
$1,703,357
Accounting System Assessments
$1,118,434
$1,118,434
$1,118,434
Agency to Agency Contracts
$584,923
$584,923
$584,923
TOTAL PUBLIC FUNDS
$2,540,840
$2,538,976
$2,540,139
2218
JOURNAL OF THE HOUSE
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 Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$4,378,948 $4,378,948 $20,450,051 $20,450,051 $19,865,128
$584,923 $24,828,999
$4,378,948 $4,378,948 $20,450,051 $20,450,051 $19,865,128
$584,923 $24,828,999
$4,378,948 $4,378,948 $20,450,051 $20,450,051 $19,865,128
$584,923 $24,828,999
33.95 Transfer funds and associated positions from the State Accounting Office program to the Administration program.
State General Funds Accounting System Assessments Total Public Funds:
($328,455) ($1,269,078) ($1,597,533)
($328,455) ($1,269,078) ($1,597,533)
($328,455) ($1,269,078) ($1,597,533)
33.96 Transfer funds and associated positions from the State Accounting Office program to the Statewide Accounting and Reporting program.
State General Funds Accounting System Assessments Total Public Funds:
($2,479,533) ($111,012)
($2,590,545)
($2,479,533) ($111,012)
($2,590,545)
($2,479,533) ($111,012)
($2,590,545)
33.97 Transfer funds and associated positions from the State Accounting Office program to the Financial Systems program.
State General Funds Accounting System Assessments Total Public Funds:
($428,306) ($17,599,617) ($18,027,923)
($428,306) ($17,599,617) ($18,027,923)
($428,306) ($17,599,617) ($18,027,923)
33.98 Transfer funds and associated positions from the State Accounting Office program to the Shared Services program.
State General Funds Accounting System Assessments Agency to Agency Contracts Total Public Funds:
($1,142,654) ($885,421) ($584,923)
($2,612,998)
($1,142,654) ($885,421) ($584,923)
($2,612,998)
($1,142,654) ($885,421) ($584,923)
($2,612,998)
THURSDAY, MARCH 10, 2016
2219
Statewide Accounting and Reporting
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
34.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$76,051
$76,051
$76,051
34.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,410
$0
$2,127
34.98 Transfer funds and associated positions from the State Accounting Office program to the Statewide Accounting and Reporting program.
State General Funds Accounting System Assessments Total Public Funds:
$2,479,533 $111,012
$2,590,545
$2,479,533 $111,012
$2,590,545
$2,479,533 $111,012
$2,590,545
34.99 SAC: The purpose of this appropriation is to provide financial reporting, accounting policy, business process improvement, and compliance with state and federal fiscal reporting requirements. House: The purpose of this appropriation is to provide financial reporting, accounting policy, business process improvement, and compliance with state and federal fiscal reporting requirements. Governor: The purpose of this appropriation is to provide financial reporting, accounting policy, business process improvement, and compliance with state and federal fiscal reporting requirements.
State General Funds
$0
$0
$0
34.100 -Statewide Accounting and Reporting
Appropriation (HB 751)
The purpose of this appropriation is to provide financial reporting, accounting policy, business process improvement, and compliance
with state and federal fiscal reporting requirements.
TOTAL STATE FUNDS
$2,558,994
$2,555,584
$2,557,711
State General Funds
$2,558,994
$2,555,584
$2,557,711
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$111,012
$111,012
$111,012
State Funds Transfers
$111,012
$111,012
$111,012
Accounting System Assessments
$111,012
$111,012
$111,012
TOTAL PUBLIC FUNDS
$2,670,006
$2,666,596
$2,668,723
2220
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
$2,637,624 $2,637,624 $2,637,624
$2,637,624 $2,637,624 $2,637,624
$2,637,624 $2,637,624 $2,637,624
35.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$63,070
$63,070
$63,070
35.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,487
$0
$1,423
35.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$331,144
$331,144
$331,144
35.100-Government Transparency and Campaign Finance Commission, Georgia
Appropriation (HB 751)
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
$3,034,325
$3,031,838
$3,033,261
State General Funds
$3,034,325
$3,031,838
$3,033,261
TOTAL PUBLIC FUNDS
$3,034,325
$3,031,838
$3,033,261
Georgia State Board of Accountancy
Continuation Budget
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.
THURSDAY, MARCH 10, 2016
2221
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$686,972 $686,972 $686,972
$686,972 $686,972 $686,972
$686,972 $686,972 $686,972
36.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$36,795
$36,795
$36,795
36.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,154
$0
$1,533
36.3 Increase funds to perform audits of continuing education credits for licensees.
State General Funds
$75,000
$75,000
$0
36.100-Georgia State Board of Accountancy
Appropriation (HB 751)
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
$800,921
$798,767
$725,300
State General Funds
$800,921
$798,767
$725,300
TOTAL PUBLIC FUNDS
$800,921
$798,767
$725,300
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
Section Total - Continuation
$4,170,953
$4,170,953
$4,170,953
$4,170,953
$23,508,958 $23,508,958
$3,106,887
$3,106,887
$3,106,887
$3,106,887
$36,000
$36,000
$36,000
$36,000
$16,819,462 $16,819,462
$16,819,462 $16,819,462
$3,546,609
$3,546,609
$3,546,609
$3,546,609
$175,837,265 $175,837,265
$4,170,953 $4,170,953 $23,508,958 $3,106,887 $3,106,887
$36,000 $36,000 $16,819,462 $16,819,462 $3,546,609 $3,546,609 $175,837,265
2222
JOURNAL OF THE HOUSE
State Funds Transfers State Fund Transfers Not Itemized Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS
$175,837,265 $27,469,813 $33,976,915 $11,968,216 $12,580,741 $89,841,580 $203,517,176
$175,837,265 $27,469,813 $33,976,915 $11,968,216 $12,580,741 $89,841,580 $203,517,176
$175,837,265 $27,469,813 $33,976,915 $11,968,216 $12,580,741 $89,841,580 $203,517,176
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
$4,254,296 $4,254,296 $23,508,958 $3,106,887 $3,106,887
$36,000 $36,000 $16,819,462 $16,819,462 $3,546,609 $3,546,609 $176,595,802 $176,595,802 $27,469,813 $33,976,915 $15,226,753 $8,080,741 $91,841,580 $204,359,056
$4,253,663 $4,253,663 $23,508,958 $3,106,887 $3,106,887
$36,000 $36,000 $16,819,462 $16,819,462 $3,546,609 $3,546,609 $173,337,265 $173,337,265 $27,469,813 $33,976,915 $11,968,216 $8,080,741 $91,841,580 $201,099,886
$4,545,742 $4,545,742 $23,508,958 $3,106,887 $3,106,887
$36,000 $36,000 $16,819,462 $16,819,462 $3,546,609 $3,546,609 $174,363,265 $174,363,265 $27,469,813 $33,976,915 $12,994,216 $8,080,741 $91,841,580 $202,417,965
Departmental Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support to all department programs.
THURSDAY, MARCH 10, 2016
2223
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
37.100-Departmental Administration
Appropriation (HB 751)
The purpose of this appropriation is to provide administrative support to all department programs.
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
2224
JOURNAL OF THE HOUSE
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 $1,126,977 $1,126,977 $1,126,977 $1,126,977
$0 $0 $1,126,977 $1,126,977 $1,126,977 $1,126,977
$0 $0 $1,126,977 $1,126,977 $1,126,977 $1,126,977
38.100-Fleet Management
Appropriation (HB 751)
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
$1,126,977 $1,126,977 $1,126,977 $1,126,977
$1,126,977 $1,126,977 $1,126,977 $1,126,977
$1,126,977 $1,126,977 $1,126,977 $1,126,977
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 $10,840,239 $10,840,239 $10,840,239 $10,840,239
$0 $0 $10,840,239 $10,840,239 $10,840,239 $10,840,239
$0 $0 $10,840,239 $10,840,239 $10,840,239 $10,840,239
THURSDAY, MARCH 10, 2016
2225
39.1 Increase funds to recognize additional revenue from merit system assessments.
Merit System Assessments
$3,258,537
$0
$1,026,000
39.100-Human Resources Administration
Appropriation (HB 751)
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
$14,098,776 $14,098,776 $14,098,776 $14,098,776
$10,840,239 $10,840,239 $10,840,239 $10,840,239
$11,866,239 $11,866,239 $11,866,239 $11,866,239
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
$430,000 $430,000 $161,757,398 $161,757,398 $25,358,162 $33,976,915 $12,580,741 $89,841,580 $162,187,398
$430,000 $430,000 $161,757,398 $161,757,398 $25,358,162 $33,976,915 $12,580,741 $89,841,580 $162,187,398
40.1 Increase funds for billings for workers' compensation premiums to reflect increased claims expenses.
Workers Compensation Funds
$2,000,000
$2,000,000
$430,000 $430,000 $161,757,398 $161,757,398 $25,358,162 $33,976,915 $12,580,741 $89,841,580 $162,187,398
$2,000,000
2226
JOURNAL OF THE HOUSE
40.2 Reduce funds for billings for unemployment insurance to reflect reduced claims expenses.
Unemployment Compensation Funds
($4,500,000) ($4,500,000) ($4,500,000)
40.3 Utilize existing funds for the Educators' Professional Liability Insurance program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
40.100 -Risk Management
Appropriation (HB 751)
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
$430,000
$430,000
$430,000
State General Funds
$430,000
$430,000
$430,000
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$159,257,398 $159,257,398 $159,257,398
State Funds Transfers
$159,257,398 $159,257,398 $159,257,398
State Fund Transfers Not Itemized
$25,358,162 $25,358,162 $25,358,162
Liability Funds
$33,976,915 $33,976,915 $33,976,915
Unemployment Compensation Funds
$8,080,741
$8,080,741
$8,080,741
Workers Compensation Funds
$91,841,580 $91,841,580 $91,841,580
TOTAL PUBLIC FUNDS
$159,687,398 $159,687,398 $159,687,398
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
$0 $0 $12,196,233 $12,196,233
$0 $0 $12,196,233 $12,196,233
$0 $0 $12,196,233 $12,196,233
THURSDAY, MARCH 10, 2016
2227
Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS
$12,196,233 $12,196,233
$12,196,233 $12,196,233
$12,196,233 $12,196,233
41.100 -State Purchasing
Appropriation (HB 751)
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
$12,196,233 $12,196,233 $12,196,233 $12,196,233
$12,196,233 $12,196,233 $12,196,233 $12,196,233
$12,196,233 $12,196,233 $12,196,233 $12,196,233
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 $1,643,951 $1,643,951 $1,643,951 $1,643,951
$0 $0 $1,643,951 $1,643,951 $1,643,951 $1,643,951
$0 $0 $1,643,951 $1,643,951 $1,643,951 $1,643,951
42.100 -Surplus Property
Appropriation (HB 751)
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
$1,643,951 $1,643,951
$1,643,951 $1,643,951
$1,643,951 $1,643,951
2228
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$1,643,951 $1,643,951
$1,643,951 $1,643,951
$1,643,951 $1,643,951
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
43.100 -Certificate of Need Appeal Panel
Appropriation (HB 751)
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
$3,007,250 $3,007,250 $1,300,805 $1,300,805 $1,300,805 $4,308,055
$3,007,250 $3,007,250 $1,300,805 $1,300,805 $1,300,805 $4,308,055
$3,007,250 $3,007,250 $1,300,805 $1,300,805 $1,300,805 $4,308,055
44.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$71,914
$71,914
$71,914
THURSDAY, MARCH 10, 2016
2229
44.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,789
$0
$1,575
44.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$3,394
$3,394
$3,394
44.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$2,328
$1,746
44.99 SAC: 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. House: 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. Governor: 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.
State General Funds
$0
$0
$0
44.100-Administrative Hearings, Office of State
Appropriation (HB 751)
The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the
public and state agencies.
TOTAL STATE FUNDS
$3,085,347
$3,084,886
$3,085,879
State General Funds
$3,085,347
$3,084,886
$3,085,879
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
$4,386,152
$4,385,691
$4,386,684
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.
2230
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $4,714,887 $3,106,887 $3,106,887 $145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
$0 $0 $4,714,887 $3,106,887 $3,106,887 $145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
$0 $0 $4,714,887 $3,106,887 $3,106,887 $145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
45.100 -State Treasurer, Office of the
Appropriation (HB 751)
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,714,887 $3,106,887 $3,106,887
$145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
$4,714,887 $3,106,887 $3,106,887
$145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
$4,714,887 $3,106,887 $3,106,887
$145,000 $145,000 $1,463,000 $1,463,000 $4,714,887
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
$694,197 $694,197 $694,197
$694,197 $694,197 $694,197
$694,197 $694,197 $694,197
THURSDAY, MARCH 10, 2016
2231
46.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$5,074
$5,074
$5,074
46.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$172
$0
$86
46.3 Increase funds for flight hour operations.
State General Funds
$291,000
46.100-Payments to Georgia Aviation Authority
Appropriation (HB 751)
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
$699,443
$699,271
$990,357
State General Funds
$699,443
$699,271
$990,357
TOTAL PUBLIC FUNDS
$699,443
$699,271
$990,357
The Department is authorized to assess state agencies the equivalent of .223% of salaries for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.
Section 13: Agriculture, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
Section Total - Continuation
$46,312,441 $46,312,441
$46,312,441 $46,312,441
$7,196,157
$7,196,157
$7,196,157
$7,196,157
$1,601,353
$1,601,353
$1,190,182
$1,190,182
$1,190,182
$1,190,182
$411,171
$411,171
$411,171
$411,171
$225,000
$225,000
$225,000
$225,000
$46,312,441 $46,312,441
$7,196,157 $7,196,157 $1,601,353 $1,190,182 $1,190,182
$411,171 $411,171 $225,000 $225,000
2232
JOURNAL OF THE HOUSE
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$225,000 $55,334,951
$225,000 $55,334,951
$225,000 $55,334,951
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
Section Total - Final
$47,349,179 $47,349,179
$7,196,157 $7,196,157 $1,601,353 $1,190,182 $1,190,182
$411,171 $411,171 $225,000 $225,000 $225,000 $56,371,689
$47,407,895 $47,407,895
$7,196,157 $7,196,157 $1,601,353 $1,190,182 $1,190,182
$411,171 $411,171 $225,000 $225,000 $225,000 $56,430,405
$47,628,177 $47,628,177
$7,196,157 $7,196,157 $1,601,353 $1,190,182 $1,190,182
$411,171 $411,171 $225,000 $225,000 $225,000 $56,650,687
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
$2,996,556 $2,996,556 $2,996,556
$2,996,556 $2,996,556 $2,996,556
$2,996,556 $2,996,556 $2,996,556
47.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$89,775
$89,775
$89,775
47.2 Increase funds for operations.
State General Funds
$200,000
$200,000
THURSDAY, MARCH 10, 2016
2233
47.100 -Athens and Tifton Veterinary Laboratories
Appropriation (HB 751)
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
$3,086,331
$3,286,331
$3,286,331
State General Funds
$3,086,331
$3,286,331
$3,286,331
TOTAL PUBLIC FUNDS
$3,086,331
$3,286,331
$3,286,331
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
$26,330,934 $26,330,934
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $33,392,946
$26,330,934 $26,330,934
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $33,392,946
$26,330,934 $26,330,934
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $33,392,946
48.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$629,365
$629,365
$629,365
48.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$11,757
$0
$1,139
2234
JOURNAL OF THE HOUSE
48.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($65,811)
($65,811)
($65,811)
48.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$2,441
$2,441
$2,441
48.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$7,944
$7,944
$7,944
48.100-Consumer Protection
Appropriation (HB 751)
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
$26,916,630 $26,904,873 $26,906,012
State General Funds
$26,916,630 $26,904,873 $26,906,012
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
$33,978,642 $33,966,885 $33,968,024
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
$4,617,804 $4,617,804 $4,617,804
$4,617,804 $4,617,804 $4,617,804
$4,617,804 $4,617,804 $4,617,804
THURSDAY, MARCH 10, 2016
2235
49.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$116,505
$116,505
$116,505
49.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,176
$0
$211
49.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($8,232)
($8,232)
($8,232)
49.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$348
$348
$348
49.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$1,030
$1,030
$1,030
49.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$24,041
$18,031
49.7 Increase funds for Dog and Cat Sterilization program supplements.
State General Funds
$75,000
49.100-Departmental Administration
Appropriation (HB 751)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$4,729,631
$4,751,496
$4,820,697
State General Funds
$4,729,631
$4,751,496
$4,820,697
TOTAL PUBLIC FUNDS
$4,729,631
$4,751,496
$4,820,697
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 AGENCY FUNDS
$5,893,145 $5,893,145
$411,171
$5,893,145 $5,893,145
$411,171
$5,893,145 $5,893,145
$411,171
2236
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$411,171 $411,171 $6,304,316
$411,171 $411,171 $6,304,316
$411,171 $411,171 $6,304,316
50.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$105,219
$105,219
$105,219
50.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,966
$0
$190
50.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($11,284)
($11,284)
($11,284)
50.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$562
$562
$562
50.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$1,341
$1,341
$1,341
50.100-Marketing and Promotion
Appropriation (HB 751)
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
$5,990,949
$5,988,983
$5,989,173
State General Funds
$5,990,949
$5,988,983
$5,989,173
TOTAL AGENCY FUNDS
$411,171
$411,171
$411,171
Sales and Services
$411,171
$411,171
$411,171
Sales and Services Not Itemized
$411,171
$411,171
$411,171
TOTAL PUBLIC FUNDS
$6,402,120
$6,400,154
$6,400,344
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.
THURSDAY, MARCH 10, 2016
2237
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS 51.1 Increase funds for utility costs associated with new lab operations.
State General 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
$81,000
$81,000
$81,000
51.100-Poultry Veterinary Diagnostic Labs
Appropriation (HB 751)
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
$2,911,399
$2,911,399
$2,911,399
State General Funds
$2,911,399
$2,911,399
$2,911,399
TOTAL PUBLIC FUNDS
$2,911,399
$2,911,399
$2,911,399
Payments to Georgia Agricultural Exposition Authority
Continuation Budget
The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and
livestock events.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$973,518 $973,518 $973,518
$973,518 $973,518 $973,518
$973,518 $973,518 $973,518
52.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$23,600
$23,600
$23,600
52.2 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($451)
($451)
($451)
52.100 -Payments to Georgia Agricultural Exposition Authority
Appropriation (HB 751)
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
$996,667
$996,667
$996,667
State General Funds
$996,667
$996,667
$996,667
TOTAL PUBLIC FUNDS
$996,667
$996,667
$996,667
2238
JOURNAL OF THE HOUSE
State Soil and Water Conservation Commission
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
53.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$49,090
$49,090
$49,090
53.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$964
$0
$136
53.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($5,284)
($5,284)
($5,284)
53.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$2,717
$2,717
$2,717
53.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$1,538
$1,154
53.6 Reduce funds for personnel to reflect operational efficiencies and eliminate 10 vacant positions.
State General Funds
($150,000)
$0
53.98 Transfer funds from the State Soil and Water Conservation Commission: Administration, State Soil and Water Conservation Commission: Conservation of Agricultural Water, State Soil and Water Conservation Commission: Conservation of Soil and Water Resources, State Soil and Water Conservation Commission: USDA Flood Control Watershed Structures, and State Soil and Water Conservation Commission: Water Resources and Land Use Planning programs to the State Soil and Water Conservation Commission.
State General Funds Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds:
$2,670,085 $359,145
$1,190,182 $4,219,412
$2,670,085 $359,145
$1,190,182 $4,219,412
$2,670,085 $359,145
$1,190,182 $4,219,412
53.99 SAC: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia; 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; inspect, maintain and provide
THURSDAY, MARCH 10, 2016
2239
assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act; and to provide funds for planning and research on water management, erosion and sedimentation control. House: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. Governor: 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
$0
53.100-State Soil and Water Conservation Commission
Appropriation (HB 751)
The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia; 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; inspect, maintain and provide assistance to owners of USDA flood
control structures so that they comply with the state Safe Dams Act; and to provide funds for planning and research on water
management, erosion and sedimentation control.
TOTAL STATE FUNDS
$2,717,572
$2,568,146
$2,717,898
State General Funds
$2,717,572
$2,568,146
$2,717,898
TOTAL FEDERAL FUNDS
$359,145
$359,145
$359,145
Federal Funds Not Itemized
$359,145
$359,145
$359,145
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
$4,266,899
$4,117,473
$4,267,225
State Soil and Water Conservation 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
$590,425 $590,425 $590,425
$590,425 $590,425 $590,425
$590,425 $590,425 $590,425
54.98 Transfer funds from the State Soil and Water Conservation Commission: Administration program to the State Soil and Water Conservation Commission.
State General Funds
($590,425)
($590,425)
($590,425)
2240
JOURNAL OF THE HOUSE
State Soil and Water Conservation Commission: Conservation of Agricultural Water
Continuation Budget
The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of
agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural
water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$268,136 $268,136 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,651,055
$268,136 $268,136 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,651,055
$268,136 $268,136 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,651,055
55.98 Transfer funds from the State Soil and Water Conservation Commission: Conservation of Agricultural Water program to the State Soil and Water Conservation Commission.
State General Funds Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds:
($268,136) ($192,737) ($1,190,182) ($1,651,055)
($268,136) ($192,737) ($1,190,182) ($1,651,055)
($268,136) ($192,737) ($1,190,182) ($1,651,055)
State Soil and Water Conservation Commission: 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
$1,579,302 $1,579,302
$166,408
$1,579,302 $1,579,302
$166,408
$1,579,302 $1,579,302
$166,408
THURSDAY, MARCH 10, 2016
2241
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$166,408 $1,745,710
$166,408 $1,745,710
$166,408 $1,745,710
56.98 Transfer funds from the State Soil and Water Conservation Commission: Conservation of Soil and Water Resources program to the State Soil and Water Conservation Commission.
State General Funds Federal Funds Not Itemized Total Public Funds:
($1,579,302) ($166,408)
($1,745,710)
($1,579,302) ($166,408)
($1,745,710)
($1,579,302) ($166,408)
($1,745,710)
State Soil and Water Conservation Commission: USDA 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
57.98 Transfer funds from the State Soil and Water Conservation Commission: USDA Flood Control Watershed Structures program to the State Soil and Water Conservation Commission.
State General Funds
($98,502)
($98,502)
($98,502)
State Soil and Water Conservation Commission: 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
58.98 Transfer funds from the State Soil and Water Conservation Commission: Water Resources and Land Use Planning program to the State Soil and Water Conservation Commission.
State General Funds
($133,720)
($133,720)
($133,720)
2242
JOURNAL OF THE HOUSE
Section 14: Banking and Finance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$11,905,690 $11,905,690 $11,905,690 $11,905,690 $11,905,690 $11,905,690
$11,905,690 $11,905,690 $11,905,690
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$12,736,125 $12,736,125 $12,736,125
$12,733,541 $12,733,541 $12,733,541
$12,701,280 $12,701,280 $12,701,280
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
$2,322,612 $2,322,612 $2,322,612
$2,322,612 $2,322,612 $2,322,612
$2,322,612 $2,322,612 $2,322,612
59.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$58,972
$58,972
$58,972
59.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,215
$0
$1,220
59.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($522)
($522)
($522)
59.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$693
$693
$693
59.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$257
$257
$257
59.6 Increase funds for personnel for one business analyst ($114,000) and one desktop support technician ($98,000).
State General Funds
$212,000
$212,000
$212,000
THURSDAY, MARCH 10, 2016
2243
59.7 Increase funds for telecommunications expenses associated with the new information technology system.
State General Funds
$23,000
$23,000
$23,000
59.8 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$8,588
$6,441
59.100-Departmental Administration
The purpose of this appropriation is to provide administrative support to all department programs.
TOTAL STATE FUNDS
$2,619,227
State General Funds
$2,619,227
TOTAL PUBLIC FUNDS
$2,619,227
Appropriation (HB 751)
$2,625,600 $2,625,600 $2,625,600
$2,624,673 $2,624,673 $2,624,673
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
$7,561,890 $7,561,890 $7,561,890
$7,561,890 $7,561,890 $7,561,890
$7,561,890 $7,561,890 $7,561,890
60.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$190,223
$190,223
$190,223
60.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$7,144
$0
$3,935
60.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($2,836)
($2,836)
($2,836)
60.4 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$1,363
$1,363
$1,363
2244
JOURNAL OF THE HOUSE
60.5 Increase funds for personnel for the retention of financial examiners. State General Funds
$288,198
$288,198
$251,930
60.100 -Financial Institution Supervision
Appropriation (HB 751)
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
$8,045,982
$8,038,838
$8,006,505
State General Funds
$8,045,982
$8,038,838
$8,006,505
TOTAL PUBLIC FUNDS
$8,045,982
$8,038,838
$8,006,505
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
$2,021,188 $2,021,188 $2,021,188
$2,021,188 $2,021,188 $2,021,188
$2,021,188 $2,021,188 $2,021,188
61.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$48,276
$48,276
$48,276
61.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,813
$0
$999
61.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($716)
($716)
($716)
61.4 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$355
$355
$355
THURSDAY, MARCH 10, 2016
2245
61.100 -Non-Depository Financial Institution Supervision
Appropriation (HB 751)
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
$2,070,916
$2,069,103
$2,070,102
State General Funds
$2,070,916
$2,069,103
$2,070,102
TOTAL PUBLIC FUNDS
$2,070,916
$2,069,103
$2,070,102
Section 15: Behavioral Health and Developmental Disabilities, Department of
Section Total - Continuation
TOTAL STATE FUNDS
$988,416,162 $988,416,162
State General Funds
$978,161,024 $978,161,024
Tobacco Settlement Funds
$10,255,138 $10,255,138
TOTAL FEDERAL FUNDS
$144,666,334 $144,666,334
Federal Funds Not Itemized
$5,081,397
$5,081,397
Community Mental Health Services Block Grant CFDA93.958
$14,163,709 $14,163,709
Medical Assistance Program CFDA93.778
$25,361,291 $25,361,291
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
$25,771,962 $25,771,962
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
$24,646,902 $24,646,902
Sales and Services Not Itemized
$24,646,902 $24,646,902
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$5,004,491
$5,004,491
State Funds Transfers
$4,956,393
$4,956,393
$988,416,162 $978,161,024 $10,255,138 $144,666,334
$5,081,397 $14,163,709 $25,361,291 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $25,771,962 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $24,646,902 $24,646,902 $5,004,491 $4,956,393
2246
JOURNAL OF THE HOUSE
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 $1,163,858,949
$2,357,130 $2,599,263
$48,098 $48,098 $1,163,858,949
$2,357,130 $2,599,263
$48,098 $48,098 $1,163,858,949
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Social Services Block Grant CFDA93.667 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 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
Section Total - Final
$1,031,298,993 $1,021,043,855
$10,255,138 $144,666,334
$5,081,397 $14,163,709 $25,361,291 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $25,771,962 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $24,646,902 $24,646,902 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098
$1,032,135,542 $1,021,880,404
$10,255,138 $144,666,334
$5,081,397 $14,163,709 $25,361,291 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $25,771,962 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $24,646,902 $24,646,902 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098
$1,031,591,538 $1,021,336,400
$10,255,138 $144,666,334
$5,081,397 $14,163,709 $25,361,291 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $25,771,962 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $24,646,902 $24,646,902 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098
THURSDAY, MARCH 10, 2016
2247
Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$48,098
$48,098
$48,098
$1,206,741,780 $1,207,578,329 $1,207,034,325
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
TOTAL PUBLIC FUNDS
$45,207,774 $45,207,774 $44,254,231
$50,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $434,903 $200,000 $200,000 $234,903 $234,903
$89,896,908
$45,207,774 $45,207,774 $44,254,231
$50,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $434,903 $200,000 $200,000 $234,903 $234,903
$89,896,908
$45,207,774 $45,207,774 $44,254,231
$50,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $434,903 $200,000 $200,000 $234,903 $234,903
$89,896,908
62.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$363,207
$363,207
$363,207
62.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$4,528
$0
($3,370)
62.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($48,470)
($48,470)
($48,470)
2248
JOURNAL OF THE HOUSE
62.4 Increase funds to provide one-time funds for the Highland Rivers Health CSB Home Again pilot program to serve residents in region one.
State General Funds
$750,000
$357,990
62.100 -Adult Addictive Diseases Services
Appropriation (HB 751)
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
$45,527,039 $46,272,511 $45,877,131
State General Funds
$45,527,039 $46,272,511 $45,877,131
TOTAL FEDERAL FUNDS
$44,254,231 $44,254,231 $44,254,231
Medical Assistance Program CFDA93.778
$50,000
$50,000
$50,000
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
$434,903
$434,903
$434,903
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
TOTAL PUBLIC FUNDS
$90,216,173 $90,961,645 $90,566,265
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
$286,219,960 $275,964,822 $10,255,138 $42,980,753 $12,336,582 $30,644,171
$286,219,960 $275,964,822 $10,255,138 $42,980,753 $12,336,582 $30,644,171
$286,219,960 $275,964,822 $10,255,138 $42,980,753 $12,336,582 $30,644,171
THURSDAY, MARCH 10, 2016
2249
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$12,960,000 $12,960,000 $12,960,000 $342,160,713
$12,960,000 $12,960,000 $12,960,000 $342,160,713
$12,960,000 $12,960,000 $12,960,000 $342,160,713
63.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$4,596,844
$4,596,844
$4,596,844
63.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$27,638
$0
($20,570)
63.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($426,144)
($426,144)
($426,144)
63.4 Increase funds for 100 additional slots for the New Options Waiver (NOW).
State General Funds
$1,223,897
$1,223,897
$1,223,897
63.5 Eliminate one-time funds for Georgia Options for the severely disabled.
State General Funds
($150,000)
($150,000)
($150,000)
63.6 Transfer funds from the Adult Developmental Disabilities Services program to the Direct Care Support Services program to align with projected expenditures due to the closing of one hospital unit.
State General Funds
($5,400,000) ($5,400,000) ($5,400,000)
63.7 Increase funds for 93 additional direct care staff at the Gracewood Campus in Augusta to remain in compliance with federal guidelines.
State General Funds
$2,843,506
$2,843,506
$2,843,506
63.8 Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in highest turnover job classes.
State General Funds
$1,228,271
$1,228,271
$1,228,271
63.9 Reduce funds to reflect an increase in Federal Medical Assistance Percentage (FMAP) from 67.55% to 67.89%.
State General Funds
($2,676,130) ($2,676,130) ($2,676,130)
2250
JOURNAL OF THE HOUSE
63.10 Increase funds to provide six months of funding to reflect a provider rate increase for the Comprehensive Supports Waiver Program (COMP).
State General Funds
$11,900,000 $11,900,000 $11,900,000
63.11 Increase funds for Rockdale Cares.
State General Funds
$10,000
63.100-Adult Developmental Disabilities Services
Appropriation (HB 751)
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
$299,387,842 $299,360,204 $299,349,634
State General Funds
$289,132,704 $289,105,066 $289,094,496
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
$355,328,595 $355,300,957 $355,290,387
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
$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
$91,100,073 $91,100,073
$26,500 $26,500 $26,500 $91,126,573
THURSDAY, MARCH 10, 2016
2251
64.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$1,517,486
$1,517,486
$1,517,486
64.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$9,124
$0
($6,791)
64.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($46,673)
($46,673)
($46,673)
64.4 Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$4,764,199
$4,764,199
$4,764,199
64.100 -Adult Forensic Services
Appropriation (HB 751)
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
$97,344,209 $97,335,085 $97,328,294
State General Funds
$97,344,209 $97,335,085 $97,328,294
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
$97,370,709 $97,361,585 $97,354,794
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
$351,717,528 $351,717,528 $11,858,953
$3,062,355 $6,726,178
$351,717,528 $351,717,528 $11,858,953
$3,062,355 $6,726,178
$351,717,528 $351,717,528 $11,858,953
$3,062,355 $6,726,178
2252
JOURNAL OF THE HOUSE
Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,070,420 $1,090,095 $1,090,095 $1,090,095 $364,666,576
$2,070,420 $1,090,095 $1,090,095 $1,090,095 $364,666,576
$2,070,420 $1,090,095 $1,090,095 $1,090,095 $364,666,576
65.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$5,858,685
$5,858,685
$5,858,685
65.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$77,404
$0
($57,608)
65.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($277,135)
($277,135)
($277,135)
65.4 Increase funds for one Behavioral Health Crisis Center to provide community-based emergency/urgent mental health services.
State General Funds
$5,700,000
$5,700,000
$5,700,000
65.5 Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$2,233,218
$2,233,218
$2,233,218
65.6 Utilize existing Projects for Assistance in Transition from Homelessness (PATH) funds to increase access to supportive housing. (S:YES)
State General Funds
$0
65.100 -Adult Mental Health Services
Appropriation (HB 751)
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
$365,309,700 $365,232,296 $365,174,688
State General Funds
$365,309,700 $365,232,296 $365,174,688
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
THURSDAY, MARCH 10, 2016
2253
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,090,095 $1,090,095 $1,090,095 $378,258,748
$1,090,095 $1,090,095 $1,090,095 $378,181,344
$1,090,095 $1,090,095 $1,090,095 $378,123,736
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
$3,281,399 $3,281,399 $7,928,149
$50,000 $7,878,149 $11,209,548
$3,281,399 $3,281,399 $7,928,149
$50,000 $7,878,149 $11,209,548
$3,281,399 $3,281,399 $7,928,149
$50,000 $7,878,149 $11,209,548
66.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$26,363
$26,363
$26,363
66.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$329
$0
($245)
66.100 -Child and Adolescent Addictive Diseases Services
Appropriation (HB 751)
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
$3,308,091
$3,307,762
$3,307,517
State General Funds
$3,308,091
$3,307,762
$3,307,517
TOTAL FEDERAL FUNDS
$7,928,149
$7,928,149
$7,928,149
Medical Assistance Program CFDA93.778
$50,000
$50,000
$50,000
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$7,878,149
$7,878,149
$7,878,149
TOTAL PUBLIC FUNDS
$11,236,240 $11,235,911 $11,235,666
2254
JOURNAL OF THE HOUSE
Child and Adolescent Developmental Disabilities
Continuation Budget
The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for
children and adolescents with developmental disabilities.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$8,840,683 $8,840,683 $3,588,692 $3,588,692 $12,429,375
$8,840,683 $8,840,683 $3,588,692 $3,588,692 $12,429,375
$8,840,683 $8,840,683 $3,588,692 $3,588,692 $12,429,375
67.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$147,262
$147,262
$147,262
67.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$885
$0
($659)
67.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($4,529)
($4,529)
($4,529)
67.100-Child and Adolescent Developmental Disabilities
Appropriation (HB 751)
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
$8,984,301
$8,983,416
$8,982,757
State General Funds
$8,984,301
$8,983,416
$8,982,757
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
$12,572,993 $12,572,108 $12,571,449
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.
THURSDAY, MARCH 10, 2016
2255
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$5,230,226 $5,230,226 $5,230,226
$5,230,226 $5,230,226 $5,230,226
$5,230,226 $5,230,226 $5,230,226
68.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$42,020
$42,020
$42,020
68.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$524
$0
($390)
68.3 Increase funds to implement the juvenile code rewrite.
State General Funds
$1,200,000
$1,200,000
$1,200,000
68.100 -Child and Adolescent Forensic Services
Appropriation (HB 751)
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
$6,472,770
$6,472,246
$6,471,856
State General Funds
$6,472,770
$6,472,246
$6,471,856
TOTAL PUBLIC FUNDS
$6,472,770
$6,472,246
$6,471,856
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
$49,342,643 $49,342,643 $10,324,515
$7,437,531 $2,886,984
$85,000 $85,000 $85,000 $2,584,781 $2,536,683
$49,342,643 $49,342,643 $10,324,515
$7,437,531 $2,886,984
$85,000 $85,000 $85,000 $2,584,781 $2,536,683
$49,342,643 $49,342,643 $10,324,515
$7,437,531 $2,886,984
$85,000 $85,000 $85,000 $2,584,781 $2,536,683
2256
JOURNAL OF THE HOUSE
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
69.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$821,918
$821,918
$821,918
69.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$4,942
$0
($3,678)
69.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($25,280)
($25,280)
($25,280)
69.4 Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$133,995
$133,995
$133,995
69.100 -Child and Adolescent Mental Health Services
Appropriation (HB 751)
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
$50,278,218 $50,273,276 $50,269,598
State General Funds
$50,278,218 $50,273,276 $50,269,598
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
Agency to Agency Contracts
$2,536,683
$2,536,683
$2,536,683
Federal Funds Transfers
$48,098
$48,098
$48,098
THURSDAY, MARCH 10, 2016
2257
Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$48,098 $63,272,514
$48,098 $63,267,572
$48,098 $63,263,894
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
$37,465,230 $37,465,230 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $49,202,947
$37,465,230 $37,465,230 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $49,202,947
$37,465,230 $37,465,230 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $49,202,947
70.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$326,958
$326,958
$326,958
70.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$5,378
$0
($4,003)
70.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($165,501)
($165,501)
($165,501)
70.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$113,279
$113,279
$113,279
70.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$220,390
$165,293
2258
JOURNAL OF THE HOUSE
70.100-Departmental Administration-Behavioral Health
Appropriation (HB 751)
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
$37,745,344 $37,960,356 $37,901,256
State General Funds
$37,745,344 $37,960,356 $37,901,256
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
$49,483,061 $49,698,073 $49,638,973
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
$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
$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
71.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$874,587
$874,587
$874,587
THURSDAY, MARCH 10, 2016
2259
71.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$10,902
$0
($8,114)
71.3 Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$535,971
$535,971
$535,971
71.4 Transfer funds from the Adult Developmental Disabilities Services program to the Direct Care Support Services program to align with projected expenditures due to the closing of one hospital unit.
State General Funds
$5,400,000
$5,400,000
$5,400,000
71.100 -Direct Care Support Services
The purpose of this appropriation is to operate five state-owned and operated hospitals.
TOTAL STATE FUNDS
$115,679,984
State General Funds
$115,679,984
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
$129,253,025
Appropriation (HB 751)
$115,669,082 $115,669,082 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$62,580 $129,242,123
$115,660,968 $115,660,968 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$62,580 $129,234,009
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
$234,588 $234,588 $9,996,415
$234,588 $234,588 $9,996,415
$234,588 $234,588 $9,996,415
2260
JOURNAL OF THE HOUSE
Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS
$9,996,415 $10,231,003
$9,996,415 $10,231,003
$9,996,415 $10,231,003
72.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$1,885
$1,885
$1,885
72.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$23
$0
($17)
72.100 -Substance Abuse Prevention
Appropriation (HB 751)
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
$236,496
$236,473
$236,456
State General Funds
$236,496
$236,473
$236,456
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
$10,232,911 $10,232,888 $10,232,871
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 $2,019,042 $2,019,042 $2,263,195
$244,153 $244,153 $2,019,042 $2,019,042 $2,263,195
$244,153 $244,153 $2,019,042 $2,019,042 $2,263,195
73.1 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$8,891
$6,668
THURSDAY, MARCH 10, 2016
2261
73.100-Developmental Disabilities, Georgia Council on
Appropriation (HB 751)
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
$253,044
$250,821
State General Funds
$244,153
$253,044
$250,821
TOTAL FEDERAL FUNDS
$2,019,042
$2,019,042
$2,019,042
Federal Funds Not Itemized
$2,019,042
$2,019,042
$2,019,042
TOTAL PUBLIC FUNDS
$2,263,195
$2,272,086
$2,269,863
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
$673,381 $673,381 $673,381
$673,381 $673,381 $673,381
$673,381 $673,381 $673,381
74.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$16,859
$16,859
$16,859
74.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,055
$0
$771
74.3 Increase funds for personnel for one clinical evaluator.
State General Funds
$89,551
$89,551
$89,551
74.100 -Sexual Offender Review Board
Appropriation (HB 751)
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
$780,846
$779,791
$780,562
State General Funds
$780,846
$779,791
$780,562
TOTAL PUBLIC FUNDS
$780,846
$779,791
$780,562
2262
JOURNAL OF THE HOUSE
Section 16: Community Affairs, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Section Total - Continuation
$71,890,242 $71,890,242
$71,890,242 $71,890,242
$192,544,116 $192,544,116
$192,544,116 $192,544,116
$15,952,778 $15,952,778
$440,951
$440,951
$440,951
$440,951
$14,756,490 $14,756,490
$14,756,490 $14,756,490
$755,337
$755,337
$755,337
$755,337
$206,374
$206,374
$191,520
$191,520
$191,520
$191,520
$14,854
$14,854
$14,854
$14,854
$280,593,510 $280,593,510
$71,890,242 $71,890,242 $192,544,116 $192,544,116 $15,952,778
$440,951 $440,951 $14,756,490 $14,756,490 $755,337 $755,337 $206,374 $191,520 $191,520
$14,854 $14,854 $280,593,510
Section Total - Final
$91,826,346 $91,826,346 $192,544,116 $192,544,116 $15,952,778
$440,951 $440,951 $14,756,490 $14,756,490 $755,337 $755,337 $206,374
$81,956,441 $81,956,441 $192,544,116 $192,544,116 $15,952,778
$440,951 $440,951 $14,756,490 $14,756,490 $755,337 $755,337 $206,374
$81,882,032 $81,882,032 $192,544,116 $192,544,116 $15,952,778
$440,951 $440,951 $14,756,490 $14,756,490 $755,337 $755,337 $206,374
THURSDAY, MARCH 10, 2016
2263
State Funds Transfers Agency to Agency Contracts
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$191,520 $191,520
$14,854 $14,854 $300,529,614
$191,520 $191,520
$14,854 $14,854 $290,659,709
$191,520 $191,520
$14,854 $14,854 $290,585,300
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$246,966 $246,966 $224,020 $224,020 $224,020 $470,986
$246,966 $246,966 $224,020 $224,020 $224,020 $470,986
$246,966 $246,966 $224,020 $224,020 $224,020 $470,986
75.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$6,593
$6,593
$6,593
75.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$189
$0
$77
75.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($250)
($250)
($250)
75.100 -Building Construction
Appropriation (HB 751)
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.
2264
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$253,498 $253,498 $224,020 $224,020 $224,020 $477,518
$253,309 $253,309 $224,020 $224,020 $224,020 $477,329
$253,386 $253,386 $224,020 $224,020 $224,020 $477,406
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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,773,704 $3,773,704
$242,503 $242,503
$60,190 $60,190 $60,190 $4,076,397
$3,773,704 $3,773,704
$242,503 $242,503
$60,190 $60,190 $60,190 $4,076,397
$3,773,704 $3,773,704
$242,503 $242,503
$60,190 $60,190 $60,190 $4,076,397
76.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$29,434
$29,434
$29,434
76.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$839
$0
$342
76.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($996)
($996)
($996)
76.4 Increase funds for environmental projects.
State General Funds
$50,000
$100,000
THURSDAY, MARCH 10, 2016
2265
76.100 -Coordinated Planning
Appropriation (HB 751)
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
$3,802,981
$3,852,142
$3,902,484
State General Funds
$3,802,981
$3,852,142
$3,902,484
TOTAL FEDERAL FUNDS
$242,503
$242,503
$242,503
Federal Funds Not Itemized
$242,503
$242,503
$242,503
TOTAL AGENCY FUNDS
$60,190
$60,190
$60,190
Sales and Services
$60,190
$60,190
$60,190
Sales and Services Not Itemized
$60,190
$60,190
$60,190
TOTAL PUBLIC FUNDS
$4,105,674
$4,154,835
$4,205,177
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 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
$1,128,518 $1,128,518 $3,348,158 $3,348,158 $3,298,215
$110,951 $110,951 $2,975,476 $2,975,476 $211,788 $211,788
$14,854 $14,854 $14,854 $7,789,745
$1,128,518 $1,128,518 $3,348,158 $3,348,158 $3,298,215
$110,951 $110,951 $2,975,476 $2,975,476 $211,788 $211,788
$14,854 $14,854 $14,854 $7,789,745
$1,128,518 $1,128,518 $3,348,158 $3,348,158 $3,298,215
$110,951 $110,951 $2,975,476 $2,975,476 $211,788 $211,788
$14,854 $14,854 $14,854 $7,789,745
2266
JOURNAL OF THE HOUSE
77.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$1,193
$1,193
$1,193
77.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$34
$0
$14
77.3 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$2,103
$2,103
$2,103
77.4 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$1,124
$1,124
$1,124
77.5 Transfer funds from the Georgia Advocacy Office contract from the Departmental Administration program to the Special Housing Initiatives program for the Home Access initiative.
State General Funds
($224,902)
($224,902)
($224,902)
77.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$3,986
$2,990
77.100-Departmental Administration
Appropriation (HB 751)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$908,070
$912,022
$911,040
State General Funds
$908,070
$912,022
$911,040
TOTAL FEDERAL FUNDS
$3,348,158
$3,348,158
$3,348,158
Federal Funds Not Itemized
$3,348,158
$3,348,158
$3,348,158
TOTAL AGENCY FUNDS
$3,298,215
$3,298,215
$3,298,215
Reserved Fund Balances
$110,951
$110,951
$110,951
Reserved Fund Balances Not Itemized
$110,951
$110,951
$110,951
Intergovernmental Transfers
$2,975,476
$2,975,476
$2,975,476
Intergovernmental Transfers Not Itemized
$2,975,476
$2,975,476
$2,975,476
Sales and Services
$211,788
$211,788
$211,788
Sales and Services Not Itemized
$211,788
$211,788
$211,788
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$14,854
$14,854
$14,854
Agency Funds Transfers
$14,854
$14,854
$14,854
THURSDAY, MARCH 10, 2016
2267
Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$14,854 $7,569,297
$14,854 $7,573,249
$14,854 $7,572,267
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
$1,604,758 $1,604,758 $51,572,530 $51,572,530
$305,415 $275,415 $275,415
$30,000 $30,000 $53,482,703
$1,604,758 $1,604,758 $51,572,530 $51,572,530
$305,415 $275,415 $275,415
$30,000 $30,000 $53,482,703
$1,604,758 $1,604,758 $51,572,530 $51,572,530
$305,415 $275,415 $275,415
$30,000 $30,000 $53,482,703
78.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$38,008
$38,008
$38,008
78.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,083
$0
$442
78.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($1,411)
($1,411)
($1,411)
78.100-Federal Community and Economic Development Programs
Appropriation (HB 751)
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
$1,642,438
$1,641,355
$1,641,797
State General Funds
$1,642,438
$1,641,355
$1,641,797
TOTAL FEDERAL FUNDS
$51,572,530 $51,572,530 $51,572,530
Federal Funds Not Itemized
$51,572,530 $51,572,530 $51,572,530
2268
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$305,415 $275,415 $275,415
$30,000 $30,000 $53,520,383
$305,415 $275,415 $275,415
$30,000 $30,000 $53,519,300
$305,415 $275,415 $275,415
$30,000 $30,000 $53,519,742
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 $8,768,721 $8,768,721 $5,574,739 $5,574,739 $5,574,739 $14,343,460
$0 $0 $8,768,721 $8,768,721 $5,574,739 $5,574,739 $5,574,739 $14,343,460
$0 $0 $8,768,721 $8,768,721 $5,574,739 $5,574,739 $5,574,739 $14,343,460
79.100 -Homeownership Programs
Appropriation (HB 751)
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
$8,768,721 $8,768,721 $5,574,739 $5,574,739
$8,768,721 $8,768,721 $5,574,739 $5,574,739
$8,768,721 $8,768,721 $5,574,739 $5,574,739
THURSDAY, MARCH 10, 2016
2269
Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS
$5,574,739 $14,343,460
$5,574,739 $14,343,460
$5,574,739 $14,343,460
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
$1,055,291 $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
80.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$27,625
$27,625
$27,625
80.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$787
$0
$321
80.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($747)
($747)
($747)
80.100 -Regional Services
Appropriation (HB 751)
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.
2270
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
$1,082,956 $1,082,956
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650 $13,650 $1,379,606
$1,082,169 $1,082,169
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650 $13,650 $1,378,819
$1,082,490 $1,082,490
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650 $13,650 $1,379,140
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 $126,017,466 $126,017,466 $4,969,527 $4,890,638 $4,890,638 $78,889 $78,889 $130,986,993
$0 $0 $126,017,466 $126,017,466 $4,969,527 $4,890,638 $4,890,638 $78,889 $78,889 $130,986,993
$0 $0 $126,017,466 $126,017,466 $4,969,527 $4,890,638 $4,890,638 $78,889 $78,889 $130,986,993
81.100-Rental Housing Programs
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2271
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
$126,017,466 $126,017,466
$4,969,527 $4,890,638 $4,890,638
$78,889 $78,889 $130,986,993
$126,017,466 $126,017,466
$4,969,527 $4,890,638 $4,890,638
$78,889 $78,889 $130,986,993
$126,017,466 $126,017,466
$4,969,527 $4,890,638 $4,890,638
$78,889 $78,889 $130,986,993
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$396,775 $396,775
$42,213 $42,213 $42,213 $438,988
$396,775 $396,775
$42,213 $42,213 $42,213 $438,988
$396,775 $396,775
$42,213 $42,213 $42,213 $438,988
82.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$10,697
$10,697
$10,697
82.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$305
$0
$124
82.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($332)
($332)
($332)
82.100 -Research and Surveys
Appropriation (HB 751)
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
$407,445
$407,140
$407,264
State General Funds
$407,445
$407,140
$407,264
2272
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$42,213 $42,213 $42,213 $449,658
$42,213 $42,213 $42,213 $449,353
$42,213 $42,213 $42,213 $449,477
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 Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$2,962,892 $2,962,892 $2,391,738 $2,391,738
$753,852 $330,000 $330,000 $398,852 $398,852
$25,000 $25,000 $191,520 $191,520 $191,520 $6,300,002
$2,962,892 $2,962,892 $2,391,738 $2,391,738
$753,852 $330,000 $330,000 $398,852 $398,852
$25,000 $25,000 $191,520 $191,520 $191,520 $6,300,002
$2,962,892 $2,962,892 $2,391,738 $2,391,738
$753,852 $330,000 $330,000 $398,852 $398,852
$25,000 $25,000 $191,520 $191,520 $191,520 $6,300,002
83.1 Transfer funds from the Georgia Advocacy Office contract from the Departmental Administration program to the Special Housing Initiatives program for the Home Access initiative.
State General Funds
$224,902
$224,902
$224,902
83.100 -Special Housing Initiatives
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2273
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
TOTAL PUBLIC FUNDS
$3,187,794 $3,187,794 $2,391,738 $2,391,738
$753,852 $330,000 $330,000 $398,852 $398,852
$25,000 $25,000 $191,520 $191,520 $191,520 $6,524,904
$3,187,794 $3,187,794 $2,391,738 $2,391,738
$753,852 $330,000 $330,000 $398,852 $398,852
$25,000 $25,000 $191,520 $191,520 $191,520 $6,524,904
$3,187,794 $3,187,794 $2,391,738 $2,391,738
$753,852 $330,000 $330,000 $398,852 $398,852
$25,000 $25,000 $191,520 $191,520 $191,520 $6,524,904
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
$764,225 $764,225 $149,849 $149,849 $149,849 $914,074
$764,225 $764,225 $149,849 $149,849 $149,849 $914,074
$764,225 $764,225 $149,849 $149,849 $149,849 $914,074
84.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$18,008
$18,008
$18,008
84.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$513
$0
$209
2274
JOURNAL OF THE HOUSE
84.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($498)
($498)
($498)
84.4 Increase funds for the Second Harvest of South Georgia food bank to fund a study to maximize distribution of food utilizing existing local resources and available federal dollars.
State General Funds
$25,000
84.5 Increase funds for Central State Hospital Redevelopment Authority for Environmental Phase I studies.
State General Funds
$75,000
84.100-State Community Development Programs
Appropriation (HB 751)
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
$782,248
$781,735
$881,944
State General Funds
$782,248
$781,735
$881,944
TOTAL AGENCY FUNDS
$149,849
$149,849
$149,849
Intergovernmental Transfers
$149,849
$149,849
$149,849
Intergovernmental Transfers Not Itemized
$149,849
$149,849
$149,849
TOTAL PUBLIC FUNDS
$932,097
$931,584
$1,031,793
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
$26,092,153 $26,092,153
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587
$26,092,153 $26,092,153
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587
$26,092,153 $26,092,153
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587
THURSDAY, MARCH 10, 2016
2275
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$69,587 $26,427,740
$69,587 $26,427,740
$69,587 $26,427,740
85.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$4,963
$4,963
$4,963
85.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$141
$0
$58
85.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($208)
($208)
($208)
85.4 Increase funds for Regional Economic Business Assistance (REBA) grants.
State General Funds
$10,000,000
$0
$0
85.100-State Economic Development Programs
Appropriation (HB 751)
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
$36,097,049 $26,096,908 $26,096,966
State General Funds
$36,097,049 $26,096,908 $26,096,966
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
$36,432,636 $26,432,495 $26,432,553
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
$983,495 $983,495 $983,495
$983,495 $983,495 $983,495
$983,495 $983,495 $983,495
2276
JOURNAL OF THE HOUSE
86.1 Reduce funds for one-time funding for the Metropolitan North Georgia Water Planning District.
State General Funds
($250,000)
($250,000)
86.2 Increase funds for the Georgia Rural Water Association.
State General Funds
$25,000
86.3 Increase funds for the grants for Resource Conservation and Development districts.
State General Funds
$55,000
($500,000) $50,000 $55,000
86.100-Payments to Georgia Environmental Finance Authority
Appropriation (HB 751)
The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.
TOTAL STATE FUNDS
$733,495
$813,495
$588,495
State General Funds
$733,495
$813,495
$588,495
TOTAL PUBLIC FUNDS
$733,495
$813,495
$588,495
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
$12,881,465 $12,881,465 $12,881,465
$12,881,465 $12,881,465 $12,881,465
$12,881,465 $12,881,465 $12,881,465
87.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$48,430
$48,430
$48,430
87.2 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($2,004)
($2,004)
($2,004)
87.3 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$481
$481
$481
THURSDAY, MARCH 10, 2016
2277
87.100 -Payments to Georgia Regional Transportation Authority
Appropriation (HB 751)
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
$12,928,372 $12,928,372 $12,928,372
State General Funds
$12,928,372 $12,928,372 $12,928,372
TOTAL PUBLIC FUNDS
$12,928,372 $12,928,372 $12,928,372
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
$145,521 $145,521 $145,521 $20,145,521
$20,000,000 $20,000,000
$145,521 $145,521 $145,521 $20,145,521
$20,000,000 $20,000,000
$145,521 $145,521 $145,521 $20,145,521
88.1 Increase funds for rural economic development projects.
State General Funds
$10,000,000 $10,000,000 $10,000,000
88.2 Establish a new contract with the Georgia Forestry Commission for $450,000 for the reading, maintenance, and management of all aspects of the Agricultural Water Metering Program. (H:YES)(S:NO)
State General Funds
$0
$0
88.100-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
$30,000,000 $30,000,000
$145,521 $145,521 $145,521 $30,145,521
Appropriation (HB 751)
$30,000,000 $30,000,000
$145,521 $145,521 $145,521 $30,145,521
$30,000,000 $30,000,000
$145,521 $145,521 $145,521 $30,145,521
2278
JOURNAL OF THE HOUSE
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 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 Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee
Section Total - Continuation
$3,046,290,885 $3,046,290,885 $3,046,290,885
$2,496,098,053 $2,496,098,053 $2,496,098,053
$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
$6,939,516,559 $6,939,516,559 $6,939,516,559
$26,643,401 $26,643,401 $26,643,401
$6,487,292,180 $6,487,292,180 $6,487,292,180
$425,580,978 $425,580,978 $425,580,978
$220,957,828 $220,957,828 $220,957,828
$214,057,828 $214,057,828 $214,057,828
$214,057,828 $214,057,828 $214,057,828
$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
$3,502,278,480 $3,502,278,480 $3,502,278,480
$3,501,948,480 $3,501,948,480 $3,501,948,480
$1,168,519
$1,168,519
$1,168,519
$3,219,922,699 $3,219,922,699 $3,219,922,699
$280,857,262 $280,857,262 $280,857,262
$330,000
$330,000
$330,000
$330,000
$330,000
$330,000
$13,709,043,752 $13,709,043,752 $13,709,043,752
Section Total - Final
$3,206,234,359 $2,654,188,252
$100,083,981 $167,969,114 $283,993,012
$3,209,917,022 $2,657,870,915
$100,083,981 $167,969,114 $283,993,012
$3,201,998,789 $2,649,952,682
$100,083,981 $167,969,114 $283,993,012
THURSDAY, MARCH 10, 2016
2279
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 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 Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$7,369,401,907 $7,376,481,585 $7,357,188,586
$26,643,401 $26,643,401 $26,643,401
$6,884,593,520 $6,891,673,198 $6,872,242,519
$458,164,986 $458,164,986 $458,302,666
$220,957,828 $220,774,078 $220,774,078
$214,057,828 $214,057,828 $214,057,828
$214,057,828 $214,057,828 $214,057,828
$3,600,000
$3,600,000
$3,600,000
$3,600,000
$3,600,000
$3,600,000
$3,300,000
$3,116,250
$3,116,250
$3,300,000
$3,116,250
$3,116,250
$3,577,232,918 $3,577,232,918 $3,577,232,918
$3,576,902,918 $3,576,902,918 $3,576,902,918
$1,168,519
$1,168,519
$1,168,519
$3,294,877,137 $3,294,877,137 $3,294,877,137
$280,857,262 $280,857,262 $280,857,262
$330,000
$330,000
$330,000
$330,000
$330,000
$330,000
$14,373,827,012 $14,384,405,603 $14,357,194,371
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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$65,283,852 $65,283,852 $296,140,528
$1,921,233 $267,962,627 $26,256,668
$3,300,000 $3,300,000 $3,300,000 $22,810,104
$65,283,852 $65,283,852 $296,140,528
$1,921,233 $267,962,627 $26,256,668
$3,300,000 $3,300,000 $3,300,000 $22,810,104
$65,283,852 $65,283,852 $296,140,528
$1,921,233 $267,962,627 $26,256,668
$3,300,000 $3,300,000 $3,300,000 $22,810,104
2280
JOURNAL OF THE HOUSE
State Funds Transfers Agency to Agency Contracts Health Insurance Payments
Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$22,480,104 $1,168,519
$21,311,585 $330,000 $330,000
$387,534,484
$22,480,104 $1,168,519
$21,311,585 $330,000 $330,000
$387,534,484
$22,480,104 $1,168,519
$21,311,585 $330,000 $330,000
$387,534,484
89.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$506,412
$569,537
$569,537
89.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$15,308
$0
$6,764
89.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($24,343)
($67,604)
($67,604)
89.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$24,035
$24,035
$24,035
89.5 Reduce funds to reflect the enhanced Federal Medical Assistance Percentage (FMAP) increase from 76.68% to 100% for PeachCare administrative expenses.
State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:
($7,669,673) $7,669,673
$0
($7,669,673) $7,669,673
$0
($7,669,673) $7,669,673
$0
89.6 Increase funds to comply with the Patient Protection and Affordable Care Act (PPACA) requirement that 1095-B forms be provided to individuals enrolled in PeachCare or Medicaid.
State General Funds Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 Total Public Funds:
$1,817,591 $1,817,591
$265,734 $3,900,916
$1,817,591 $1,817,591
$265,734 $3,900,916
$1,817,591 $1,817,591
$265,734 $3,900,916
89.7 Increase funds to replace the loss of federal funds for the Medicaid Management Information System (MMIS).
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$2,155,857 ($2,155,857)
$0
$2,155,857 ($2,155,857)
$0
$2,155,857 ($2,155,857)
$0
THURSDAY, MARCH 10, 2016
2281
89.8 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$20,019
$15,014
89.9 Reduce funds for contracts.
State General Funds Medical Assistance Program CFDA93.778 Sanctions, Fines, and Penalties Not Itemized Total Public Funds:
($275,625) ($275,625) ($183,750) ($735,000)
($275,625) ($275,625) ($183,750) ($735,000)
89.10 Utilize existing funds to initiate contract services with an external firm for mandatory nursing home audits. (H:YES)(S:YES)
State General Funds
$0
$0
89.11 Transfer funds from the Medicaid: Aged, Blind and Disabled program to the Departmental Administration and Program Support program for positions and operational costs related to the Community Care Services Program (CCSP).
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$1,407,028 $1,407,028 $2,814,056
$1,407,028 $1,407,028 $2,814,056
89.12 Redirect any administrative savings from the transfer of the Community Care Services Program (CCSP) to fund additional slots and report to the Georgia General Assembly on progress by January 1, 2017. (H:YES)(S:YES)
State General Funds
$0
$0
89.13 The Department of Community Health, pursuant to O.C.G.A. 49-4-142.1 et seq., is hereby authorized to submit a request to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act. (H:YES)(S:YES)
State General Funds
$0
$0
89.100-Departmental Administration and Program Support
Appropriation (HB 751)
The purpose of this appropriation is to provide administrative support to all departmental programs.
TOTAL STATE FUNDS
$62,109,039 $63,265,017 $63,266,776
State General Funds
$62,109,039 $63,265,017 $63,266,776
TOTAL FEDERAL FUNDS
$303,737,669 $304,869,072 $304,869,072
Federal Funds Not Itemized
$1,921,233
$1,921,233
$1,921,233
Medical Assistance Program CFDA93.778
$267,624,361 $268,755,764 $268,755,764
State Children's Insurance Program CFDA93.767
$34,192,075 $34,192,075 $34,192,075
2282
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS 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 Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$3,300,000 $3,300,000 $3,300,000 $22,810,104 $22,480,104 $1,168,519 $21,311,585
$330,000 $330,000 $391,956,812
$3,116,250 $3,116,250 $3,116,250 $22,810,104 $22,480,104 $1,168,519 $21,311,585
$330,000 $330,000 $394,060,443
$3,116,250 $3,116,250 $3,116,250 $22,810,104 $22,480,104 $1,168,519 $21,311,585
$330,000 $330,000 $394,062,202
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
$812,629 $812,629 $812,629
$812,629 $812,629 $812,629
$812,629 $812,629 $812,629
90.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$6,304
$6,304
$6,304
90.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$191
$0
$84
90.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($303)
($303)
($303)
90.100 -Georgia Board of Dentistry
Appropriation (HB 751)
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
$818,821
$818,630
$818,714
State General Funds
$818,821
$818,630
$818,714
TOTAL PUBLIC FUNDS
$818,821
$818,630
$818,714
THURSDAY, MARCH 10, 2016
2283
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
$750,826 $750,826 $750,826
$750,826 $750,826 $750,826
$750,826 $750,826 $750,826
91.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$5,824
$5,824
$5,824
91.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$176
$0
$78
91.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($280)
($280)
($280)
91.100 -Georgia State Board of Pharmacy
Appropriation (HB 751)
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
$756,546
$756,370
$756,448
State General Funds
$756,546
$756,370
$756,448
TOTAL PUBLIC FUNDS
$756,546
$756,370
$756,448
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
$10,662,932 $10,662,932 $16,446,551 $16,030,301
$10,662,932 $10,662,932 $16,446,551 $16,030,301
$10,662,932 $10,662,932 $16,446,551 $16,030,301
2284
JOURNAL OF THE HOUSE
Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS
$416,250 $27,109,483
$416,250 $27,109,483
$416,250 $27,109,483
92.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$82,713
$82,713
$82,713
92.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,500
$0
$1,105
92.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($3,976)
($3,976)
($3,976)
92.4 Eliminate one-time start-up funds for Federally Qualified Health Centers.
State General Funds
($250,000)
($250,000)
92.5 Reduce funds for charity clinics.
State General Funds
($500,000)
$0
92.6 Increase funds for two Federally Qualified Health Center community start-up grants in Jackson County and Jenkins County.
State General Funds
$500,000
$500,000
92.7 Increase funds for contract services for medically fragile children who do not qualify for the "Katie Beckett" TEFRA/Deeming waiver.
State General Funds
$250,000
$250,000
92.8 Utilize existing funds to continue the Rural Hospital Stabilization Committee's grants to the current pilot sites in Emanuel, Crisp, Appling, and Union counties. (H:YES)(S:YES; Utilize existing funds to continue the Rural Hospital Stabilization Committee's grants, with pilot sites to be selected by the Speaker of the House of Representatives and the President of the Senate)
State General Funds
$0
$0
92.9 Increase one-time funds for the purchase of three telemedicine equipment devices to support middle Georgia EMS services.
State General Funds
$42,000
92.10 Increase funds to the Southwest Georgia Cancer Coalition to assist with access to quality cancer care and treatment in southwest Georgia.
State General Funds
$25,000
THURSDAY, MARCH 10, 2016
2285
92.100 -Health Care Access and Improvement
Appropriation (HB 751)
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
$10,744,169 $10,741,669 $11,309,774
State General Funds
$10,744,169 $10,741,669 $11,309,774
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
$27,190,720 $27,188,220 $27,756,325
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
$10,929,096 $10,929,096
$9,638,318 $5,904,653 $3,733,665
$100,000 $100,000 $100,000 $20,667,414
$10,929,096 $10,929,096
$9,638,318 $5,904,653 $3,733,665
$100,000 $100,000 $100,000 $20,667,414
$10,929,096 $10,929,096
$9,638,318 $5,904,653 $3,733,665
$100,000 $100,000 $100,000 $20,667,414
93.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$84,778
$84,778
$84,778
93.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,563
$0
$1,133
93.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($4,075)
($4,075)
($4,075)
2286
JOURNAL OF THE HOUSE
93.100 -Healthcare Facility Regulation
Appropriation (HB 751)
The purpose of this appropriation is to inspect and license long term care and health care facilities.
TOTAL STATE FUNDS
$11,012,362 $11,009,799 $11,010,932
State General Funds
$11,012,362 $11,009,799 $11,010,932
TOTAL FEDERAL FUNDS
$9,638,318
$9,638,318
$9,638,318
Federal Funds Not Itemized
$5,904,653
$5,904,653
$5,904,653
Medical Assistance Program CFDA93.778
$3,733,665
$3,733,665
$3,733,665
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
$20,750,680 $20,748,117 $20,749,250
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 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493
$0 $0 $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493
$0 $0 $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493
94.100 -Indigent Care Trust Fund
Appropriation (HB 751)
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
$257,075,969 $257,075,969 $257,075,969 $257,075,969 $257,075,969 $257,075,969
THURSDAY, MARCH 10, 2016
2287
TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$142,586,524 $139,386,524 $139,386,524
$3,200,000 $3,200,000 $399,662,493
$142,586,524 $139,386,524 $139,386,524
$3,200,000 $3,200,000 $399,662,493
$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.
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
$1,581,476,106 $1,384,886,844
$167,969,114 $28,620,148 $3,338,438,002
$2,787,214 $3,335,650,788
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,249,545,728
$1,581,476,106 $1,384,886,844
$167,969,114 $28,620,148 $3,338,438,002
$2,787,214 $3,335,650,788
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,249,545,728
$1,581,476,106 $1,384,886,844
$167,969,114 $28,620,148 $3,338,438,002
$2,787,214 $3,335,650,788
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,249,545,728
95.1 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) from 67.55% to 67.89%.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
($19,643,417) $19,643,417
$0
($19,643,417) $19,643,417
$0
($19,643,417) $19,643,417
$0
2288
JOURNAL OF THE HOUSE
95.2 Increase funds to cover expenses related to higher pharmacy cost of Hepatitis C drugs ($23,129,866) and Cystic Fibrosis drugs ($3,390,400). (S:Increase funds to cover expenses related to higher pharmacy cost of Hepatitis C drugs ($17,347,400) and Cystic Fibrosis drugs ($3,390,400))
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$26,520,266 $55,155,645 $81,675,911
$26,520,266 $55,155,645 $81,675,911
$20,737,800 $43,685,313 $64,423,113
95.3 Reduce funds to reflect an adjustment for growth in Medicaid based on projected need.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
($29,497,059) ($62,108,714) ($91,605,773)
($31,351,260) ($66,043,148) ($97,394,408)
($31,351,260) ($66,043,148) ($97,394,408)
95.4 Increase funds to reflect a projected increase in the Medicare Part D Clawback payment.
State General Funds
$8,212,532
$8,088,994
$8,088,994
95.5 Increase funds for the hold harmless provision in Medicare Part B premiums.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$21,039,788 $44,484,309 $65,524,097
$21,039,788 $44,484,309 $65,524,097
$21,039,788 $44,484,309 $65,524,097
95.6 Increase funds to reflect additional revenue from hospital provider payments.
Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds:
$2,615,600 $1,242,217 $3,857,817
$2,615,600 $1,242,217 $3,857,817
$2,615,600 $1,242,217 $3,857,817
95.7 Reduce funds for previous changes in rate calculations for nursing facility operator changes to reflect projected expenditures.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
($4,100,000) ($8,636,875) ($12,736,875)
($4,100,000) ($8,636,875) ($12,736,875)
95.8 Increase funds to provide for a 3% inflation adjustment on the 2012 nursing home cost reports.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$11,300,000 $23,804,070 $35,104,070
$11,300,000 $23,804,070 $35,104,070
THURSDAY, MARCH 10, 2016
2289
95.9 Increase funds for the Independent Care Waiver Program (ICWP) Personal Support rates to match the CCSP and SOURCE program rates.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$3,774,382 $7,950,943 $11,725,325
$3,774,382 $7,950,943 $11,725,325
95.10 Increase funds for the reimbursement rates for Adult Day Health Centers by 5% to provide parity with other home and community-based service providers.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$399,670 $841,927 $1,241,597
$399,670 $841,927 $1,241,597
95.11 Increase funds to increase reimbursement rates for occupational therapy and physical therapy providers within the Medicaid Children's Intervention Services (CIS) program.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$1,365,682 $2,876,884 $4,242,566
$2,000,000 $4,213,110 $6,213,110
95.12 Evaluate budget neutral payment methodologies for Medicaid member access to services provided by newly-enrolled longterm acute care and inpatient rehabilitation hospitals. (H:YES)(S:YES)
State General Funds
$0
$0
95.13 Transfer funds from the Medicaid: Aged, Blind, and Disabled program to the Departmental Administration and Program Support program for positions and operational costs related to the Community Care Services Program (CCSP).
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
($1,407,028) ($1,407,028) ($2,814,056)
($1,407,028) ($1,407,028) ($2,814,056)
95.14 Increase funds for a three percent increase in ventilator reimbursement rates.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$95,041 $200,209 $295,250
2290
JOURNAL OF THE HOUSE
95.15 Transfer funds for the increased reimbursement rates for select primary care and OB/GYN codes from the Medicaid: LowIncome Medicaid program to the Medicaid: Aged, Blind, and Disabled program to reflect the anticipated increase attributable to each program.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$9,279,118 $28,826,089 $38,105,207
95.16 Transfer funds for the increase in reimbursement rates for occupational therapy and physical therapy providers within the Medicaid Children's Intervention Services (CIS) program from the Medicaid: Aged, Blind, and Disabled program to the Medicaid: Low-Income Medicaid program to reflect the anticipated increase attributable to each program.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
($747,225) ($1,574,071) ($2,321,296)
95.98 Transfer the Community Care Services Program (CCSP) from the Elder Community Living Services program in the Department of Human Services to the Department of Community Health Medicaid: Aged, Blind, and Disabled program.
State General Funds Tobacco Settlement Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$46,488,969 $6,191,806
$14,335,958 $67,016,733
$46,488,969 $6,191,806
$14,335,958 $67,016,733
$46,488,969 $6,191,806
$14,335,958 $67,016,733
95.100 -Medicaid: Aged, Blind, and Disabled
Appropriation (HB 751)
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
$1,642,031,208 $1,651,386,175 $1,654,864,961
State General Funds
$1,438,007,923 $1,447,362,890 $1,450,841,676
Tobacco Settlement Funds
$6,191,806
$6,191,806
$6,191,806
Nursing Home Provider Fees
$167,969,114 $167,969,114 $167,969,114
Hospital Provider Fee
$29,862,365 $29,862,365 $29,862,365
TOTAL FEDERAL FUNDS
$3,412,564,217 $3,434,059,704 $3,451,377,825
Federal Funds Not Itemized
$2,787,214
$2,787,214
$2,787,214
Medical Assistance Program CFDA93.778
$3,409,777,003 $3,431,272,490 $3,448,590,611
THURSDAY, MARCH 10, 2016
2291
TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,384,227,045
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,415,077,499
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,435,874,406
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
$1,285,085,321 $933,308,971 $109,968,257 $241,808,093
$2,622,452,881 $2,622,452,881
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,933,283,365
$1,285,085,321 $933,308,971 $109,968,257 $241,808,093
$2,622,452,881 $2,622,452,881
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,933,283,365
$1,285,085,321 $933,308,971 $109,968,257 $241,808,093
$2,622,452,881 $2,622,452,881
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,933,283,365
96.1 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) from 67.55% to 67.89%.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
($18,800,043) $18,800,043
$0
($18,800,043) $18,800,043
$0
($18,800,043) $18,800,043
$0
96.2 Replace funds.
State General Funds Tobacco Settlement Funds Total Public Funds:
$16,076,082 ($16,076,082)
$0
$16,076,082 ($16,076,082)
$0
$16,076,082 ($16,076,082)
$0
2292
JOURNAL OF THE HOUSE
96.3 Increase funds for growth in Medicaid based on projected need.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$132,393,815 $278,767,101 $411,160,916
$98,115,154 $206,684,952 $304,800,106
$93,219,542 $196,372,077 $289,591,619
96.4 Increase funds to reflect additional revenue from hospital provider payments.
Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds:
$22,098,871 $10,495,334 $32,594,205
$22,098,871 $10,495,334 $32,594,205
$22,098,871 $10,495,334 $32,594,205
96.5 Transfer hospital provider payments to reflect an increase in enhanced FMAP from 94.22% to 100% for children who were moved from the PeachCare for Kids program to the Low-Income Medicaid program as of January 1, 2014 per the Patient Protection and Affordable Care Act (PPACA).
Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds:
$3,847,376 $1,827,220 $5,674,596
$3,847,376 $1,827,220 $5,674,596
$3,847,376 $1,827,220 $5,674,596
96.6 Increase funds to increase reimbursement rates for select primary care and OB/GYN codes to 100% of 2014 Medicare levels.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$26,203,315 $55,198,720 $81,402,035
$26,203,315 $55,198,720 $81,402,035
96.7 Increase funds to increase the Advanced Life Support (ALS) emergency transport code reimbursement rate for EMS providers by 7%.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$634,314 $1,336,217 $1,970,531
$634,314 $1,336,217 $1,970,531
96.8 Effective July 1, 2016, Care Management Organizations (CMO) are required to increase their current per unit reimbursement rates for contracted primary care, OB/GYN, and EMS providers at the increased rates mandated by HB751. (H:YES)(S:YES)
State General Funds
$0
$0
96.9 The Department of Community Health is directed to evaluate cost-saving measures through accurate diagnosis of ADHD and report back to the Georgia General Assembly by January 1, 2017. (H:YES)(S:YES)
State General Funds
$0
$0
THURSDAY, MARCH 10, 2016
2293
96.10 Increase funds for a $250 add-on payment for newborn delivery and newborn admission after delivery in rural counties (population less than 35,000).
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$387,407 $816,093 $1,203,500
96.11 Increase funds to establish a Patient Centered Medical Home (PCMH) grant program for rural stabilization.
State General Funds
$300,000
96.12 Transfer funds for the increased reimbursement rates for select primary care and OB/GYN codes from the Medicaid: LowIncome Medicaid program to the Medicaid: Aged, Blind, and Disabled program to reflect the anticipated increase attributable to each program.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
($9,279,118) ($28,826,089) ($38,105,207)
96.13 Transfer funds for the increase in reimbursement rates for occupational therapy and physical therapy providers within the Medicaid Children's Intervention Services (CIS) program from the Medicaid: Aged, Blind, and Disabled program to the Medicaid: Low-Income Medicaid program to reflect the anticipated increase attributable to each program.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$747,225 $1,574,071 $2,321,296
96.100 -Medicaid: Low-Income Medicaid
Appropriation (HB 751)
The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.
TOTAL STATE FUNDS
$1,411,001,647 $1,403,560,615 $1,390,820,517
State General Funds
$1,062,978,825 $1,055,537,793 $1,042,797,695
Tobacco Settlement Funds
$93,892,175 $93,892,175 $93,892,175
Hospital Provider Fee
$254,130,647 $254,130,647 $254,130,647
TOTAL FEDERAL FUNDS
$2,945,966,272 $2,930,419,060 $2,893,670,260
Medical Assistance Program CFDA93.778
$2,945,966,272 $2,930,419,060 $2,893,670,260
TOTAL AGENCY FUNDS
$12,328,316 $12,328,316 $12,328,316
Intergovernmental Transfers
$12,328,316 $12,328,316 $12,328,316
Hospital Authorities
$12,328,316 $12,328,316 $12,328,316
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$13,416,847 $13,416,847 $13,416,847
2294
JOURNAL OF THE HOUSE
State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS
$13,416,847 $13,416,847 $13,416,847 $13,416,847 $13,416,847 $13,416,847 $4,382,713,082 $4,359,724,838 $4,310,235,940
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
$24,648,601 $22,821,381
$1,827,220 $399,324,310 $399,324,310
$151,783 $151,783 $151,783 $424,124,694
$24,648,601 $22,821,381
$1,827,220 $399,324,310 $399,324,310
$151,783 $151,783 $151,783 $424,124,694
$24,648,601 $22,821,381
$1,827,220 $399,324,310 $399,324,310
$151,783 $151,783 $151,783 $424,124,694
97.1 Reduce funds to reflect an increase in enhanced Federal Medical Assistance Percentage from 94.22% to 100%.
State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:
($22,821,381) $22,821,381
$0
($22,821,381) $22,821,381
$0
($22,821,381) $22,821,381
$0
97.2 Transfer hospital provider payments to reflect an increase in enhanced FMAP from 94.22% to 100% for children who were moved from the PeachCare for Kids program to the Low-Income Medicaid program as of January 1, 2014 per the Patient Protection and Affordable Care Act (PPACA).
State Children's Insurance Program CFDA93.767 Hospital Provider Fee Total Public Funds:
$1,827,220 ($1,827,220)
$0
$1,827,220 ($1,827,220)
$0
$1,827,220 ($1,827,220)
$0
97.3 Increase funds to increase reimbursement rates for occupational therapy and physical therapy providers within the Medicaid Children's Intervention Services (CIS) program.
State Children's Insurance Program CFDA93.767
$137,680
97.100 -PeachCare
Appropriation (HB 751)
The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.
THURSDAY, MARCH 10, 2016
2295
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
$423,972,911 $423,972,911
$151,783 $151,783 $151,783 $424,124,694
$423,972,911 $423,972,911
$151,783 $151,783 $151,783 $424,124,694
$424,110,591 $424,110,591
$151,783 $151,783 $151,783 $424,262,374
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 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114
$0 $0 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114
$0 $0 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114
98.1 Increase funds to reflect updated projections for membership, medical services utilization, and medical trend changes.
Health Insurance Payments
$4,252,738
$4,252,738
$4,252,738
98.2 Reduce funds for the reduction in employee contribution rates effective January 1, 2016.
Health Insurance Payments
($11,100,000) ($11,100,000) ($11,100,000)
98.3 Increase funds for Medicare Advantage plans effective January 1, 2016.
Health Insurance Payments
$91,600,000 $91,600,000 $91,600,000
98.4 Reduce funds by identifying future year plan design changes.
Health Insurance Payments
($32,784,000) ($32,784,000) ($32,784,000)
98.5 Reduce funds due to a scheduled reduction in the Transitional Reinsurance Fee imposed by the Patient Protection and Affordable Care Act (PPACA).
Health Insurance Payments
($7,420,000) ($7,420,000) ($7,420,000)
2296
JOURNAL OF THE HOUSE
98.6 Increase funds for a scheduled increase of the employer contribution rate for non-certificated school service employees from $746.20 to $846.20 effective January 1, 2017.
Health Insurance Payments
$30,405,700 $30,405,700 $30,405,700
98.7 Authorize a pilot program for non-certificated system-directed health care coverage for a 24-month pilot effective for coverage year January 1, 2017, at the end of which the participating systems may opt to return to the state plan without penalty. (H:YES)(S:YES)
State General Funds
$0
$0
98.8 Reflect a total fund balance for Other Post-Employment Benefits (OPEB) liabilities of $925,103,053 by recognizing 2015 payments ($478,094,972) and pending deposits ($314,627,314). (H:YES)(S:YES)
State General Funds
$0
$0
98.100-State Health Benefit Plan
Appropriation (HB 751)
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
$3,273,565,552 $3,273,565,552 $3,273,565,552 $3,273,565,552
$3,273,565,552 $3,273,565,552 $3,273,565,552 $3,273,565,552
$3,273,565,552 $3,273,565,552 $3,273,565,552 $3,273,565,552
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
$659,458 $659,458 $659,458
$659,458 $659,458 $659,458
$659,458 $659,458 $659,458
99.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$13,467
$13,467
$13,467
99.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$332
$0
$105
THURSDAY, MARCH 10, 2016
2297
99.3 Transfer funds from the Georgia Board for Physician Workforce: Graduate Medical Education program to the Georgia Board for Physician Workforce: Board Administration program to support tracking long-term rural capacity needs for physicians and other healthcare providers.
State General Funds
$208,779
$208,779
99.4 Increase funds for personnel for a facilitator position to specialize in emerging residency programs.
State General Funds
$100,000
$100,000
99.100-Physician Workforce, Georgia Board for: Board Administration
The purpose of this appropriation is to provide administrative support to all agency programs.
TOTAL STATE FUNDS
$673,257
State General Funds
$673,257
TOTAL PUBLIC FUNDS
$673,257
Appropriation (HB 751)
$981,704 $981,704 $981,704
$981,809 $981,809 $981,809
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
$10,014,219 $10,014,219 $10,014,219
$10,014,219 $10,014,219 $10,014,219
$10,014,219 $10,014,219 $10,014,219
100.1 Transfer funds for 72 new residency slots in primary care medicine from the Board of Regents of the University System of Georgia Public Service/Special Funding Initiatives program to the Georgia Board for Physician Workforce: Graduate Medical Education program.
State General Funds
$1,138,075
$1,138,075
$1,138,075
100.2 Transfer funds from the Georgia Board for Physician Workforce: Graduate Medical Education program to the Georgia Board for Physician Workforce: Board Administration program to support tracking long-term rural capacity needs for physicians and other healthcare providers.
State General Funds
($208,779)
($208,779)
2298
JOURNAL OF THE HOUSE
100.3 Transfer funds from the Georgia Board for Physician Workforce: Graduate Medical Education program to the Georgia Board for Physician Workforce: Physicians for Rural Areas program for the Georgia South Family Medicine Rural Residency Training Program.
State General Funds
($100,000)
($100,000)
100.4 Increase funds for an emergency medicine residency program at Memorial Health University Medical Center.
State General Funds
$200,000
$269,684
100.5 Increase funds to provide eight slots total in OB/GYN residency programs with two slots each at Emory, Medical College of Georgia, Morehouse, and Navicent Health Care Macon.
State General Funds
$122,664
100.100-Physician Workforce, Georgia Board for: Graduate Medical Education
Appropriation (HB 751)
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
$11,152,294 $11,043,515 $11,235,863
State General Funds
$11,152,294 $11,043,515 $11,235,863
TOTAL PUBLIC FUNDS
$11,152,294 $11,043,515 $11,235,863
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
$24,039,911 $24,039,911 $24,039,911
$24,039,911 $24,039,911 $24,039,911
$24,039,911 $24,039,911 $24,039,911
101.100-Physician Workforce, Georgia Board for: Mercer School of Medicine Grant
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2299
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$24,039,911 $24,039,911 $24,039,911
$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 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 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
102.100-Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant
Appropriation (HB 751)
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
$23,971,870 $23,971,870 $23,971,870
State General Funds
$23,971,870 $23,971,870 $23,971,870
TOTAL PUBLIC FUNDS
$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 103.1 Eliminate funds for the rural dentistry loan repayment program.
State General Funds
$1,410,000 $1,410,000 $1,410,000
$1,410,000 $1,410,000 $1,410,000
$1,410,000 $1,410,000 $1,410,000
($200,000)
$0
$0
2300
JOURNAL OF THE HOUSE
103.2 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
103.3 Increase funds for a loan repayment program for Physician Assistants and Advanced Practice Registered Nurses practicing in rural and underserved areas.
State General Funds
$100,000
$200,000
103.4 Transfer funds from the Georgia Board for Physician Workforce: Graduate Medical Education program to the Georgia Board for Physician Workforce: Physicians for Rural Areas program for the Georgia South Family Medicine Rural Residency Training Program.
State General Funds
$100,000
$100,000
103.5 Increase funds for the Georgia South Family Medicine Rural Residency Training Program.
State General Funds
$200,000
103.100-Physician Workforce, Georgia Board for: Physicians for Rural Areas
Appropriation (HB 751)
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
$1,210,000
$1,610,000
$1,910,000
State General Funds
$1,210,000
$1,610,000
$1,910,000
TOTAL PUBLIC FUNDS
$1,210,000
$1,610,000
$1,910,000
Physician Workforce, Georgia Board for: Undergraduate Medical Education
Continuation Budget
The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a
public/private partnership with medical schools in Georgia.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,119,068 $2,119,068 $2,119,068
$2,119,068 $2,119,068 $2,119,068
$2,119,068 $2,119,068 $2,119,068
THURSDAY, MARCH 10, 2016
2301
104.1 Increase funds for the medical student capitation contract for 50 certified residents at Philadelphia College of Osteopathic Medicine.
State General Funds
$318,150
104.100-Physician Workforce, Georgia Board for: Undergraduate Medical Education
Appropriation (HB 751)
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
$2,119,068
$2,119,068
$2,437,218
State General Funds
$2,119,068
$2,119,068
$2,437,218
TOTAL PUBLIC FUNDS
$2,119,068
$2,119,068
$2,437,218
Georgia Composite Medical Board
Continuation Budget
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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,277,486 $2,277,486
$300,000 $300,000 $300,000 $2,577,486
$2,277,486 $2,277,486
$300,000 $300,000 $300,000 $2,577,486
$2,277,486 $2,277,486
$300,000 $300,000 $300,000 $2,577,486
105.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$55,818
$55,818
$55,818
105.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,450
$0
$508
105.3 Increase funds for the regulation of the vaccine protocol agreements as established by HB504 (2015 Session).
State General Funds
$65,130
$65,130
$65,130
2302
JOURNAL OF THE HOUSE
105.100 -Georgia Composite Medical Board
Appropriation (HB 751)
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
$2,399,884
$2,398,434
$2,398,942
State General Funds
$2,399,884
$2,398,434
$2,398,942
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
$2,699,884
$2,698,434
$2,698,942
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
$2,149,510 $2,149,510 $2,149,510
$2,149,510 $2,149,510 $2,149,510
$2,149,510 $2,149,510 $2,149,510
106.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$43,235
$43,235
$43,235
106.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,538
$0
$809
106.3 Increase funds for rent.
State General Funds
$21,500
$21,500
106.4 Reduce funds for one-time funding for information technology.
State General Funds
($40,000)
106.100 -Drugs and Narcotics Agency, Georgia
Appropriation (HB 751)
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, MARCH 10, 2016
2303
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,194,283 $2,194,283 $2,194,283
$2,214,245 $2,214,245 $2,214,245
$2,175,054 $2,175,054 $2,175,054
Section 18: Community Supervision, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$34,791,312 $34,791,312 $34,791,312 $34,791,312 $34,791,312 $34,791,312
$34,791,312 $34,791,312 $34,791,312
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$160,858,649 $160,858,649
$10,000 $10,000 $10,000 $160,868,649
$159,863,719 $159,863,719
$10,000 $10,000 $10,000 $159,873,719
$160,173,193 $160,173,193
$10,000 $10,000 $10,000 $160,183,193
Departmental Administration
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$8,213,943 $8,213,943 $8,213,943
$8,213,943 $8,213,943 $8,213,943
$8,213,943 $8,213,943 $8,213,943
107.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$171,315
$171,315
$171,315
107.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$17,217
$0
$12,518
107.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$15,089
$15,089
$15,089
107.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$17,427
$17,427
$17,427
2304
JOURNAL OF THE HOUSE
107.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$8,670
$8,670
$8,670
107.6 Transfer funds and one position from the Department of Corrections' Departmental Administration program to the Department of Community Supervision's Departmental Administration program.
State General Funds
$43,429
$43,429
$43,429
107.7 Transfer funds and two positions from the State Board of Pardons and Paroles' Board Administration program to the Department of Community Supervision's Departmental Administration program.
State General Funds
$110,920
$110,920
$110,920
107.8 Transfer funds and three positions from the Field Services program to the Departmental Administration program.
State General Funds
$398,374
$398,374
$398,374
107.9 Transfer funds from the Field Services program to the Departmental Administration program to accurately reflect the cost of rent.
State General Funds
$64,889
$64,889
$64,889
107.10 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$117,512
$88,134
107.11 Reduce funds to reflect administrative efficiencies.
State General Funds
($100,000)
($200,000)
107.99 SAC: The purpose of this appropriation is to provide administrative support for the agency. House: The purpose of this appropriation is to provide administrative support for the agency. Governor: The purpose of this appropriation is to provide administrative support for the agency.
State General Funds
$0
$0
$0
107.100-Departmental Administration
The purpose of this appropriation is to provide administrative support for the agency.
TOTAL STATE FUNDS
$9,061,273
State General Funds
$9,061,273
TOTAL PUBLIC FUNDS
$9,061,273
Appropriation (HB 751)
$9,061,568 $9,061,568 $9,061,568
$8,944,708 $8,944,708 $8,944,708
THURSDAY, MARCH 10, 2016
2305
Field Services
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$21,851,578 $21,851,578 $21,851,578
$21,851,578 $21,851,578 $21,851,578
$21,851,578 $21,851,578 $21,851,578
108.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$3,618,865
$3,618,865
$3,618,865
108.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$366,284
$0
$266,315
108.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$321,013
$321,013
$321,013
108.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$370,721
$370,721
$370,721
108.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$184,449
$184,449
$184,449
108.6 Transfer funds and 1,628 positions from the Department of Corrections' Probation Supervision program to the Department of Community Supervision's Field Services program.
State General Funds Sales and Services Not Itemized Total Public Funds:
$89,674,806 $10,000
$89,684,806
$89,674,806 $10,000
$89,684,806
$89,674,806 $10,000
$89,684,806
108.7 Transfer funds and nine positions from the Department of Corrections' Offender Management program to the Department of Community Supervision's Field Services program.
State General Funds
$458,707
$458,707
$458,707
108.8 Transfer funds and seven positions from the Department of Corrections' State Prisons program to the Department of Community Supervision's Field Services program.
State General Funds
$406,678
$406,678
$406,678
108.9 Transfer funds and 480 positions from the State Board of Pardons and Paroles' Parole Supervision program to the Department of Community Supervision's Field Services program.
State General Funds
$29,217,168 $29,217,168 $29,217,168
2306
JOURNAL OF THE HOUSE
108.10 Transfer funds and three positions from the Field Services program to the Departmental Administration program.
State General Funds
($398,374)
($398,374)
($398,374)
108.11 Transfer funds from the Field Services program to the Departmental Administration program to accurately reflect the cost of rent.
State General Funds
($64,889)
($64,889)
($64,889)
108.12 Transfer funds from the Department of Community Supervision to the State Board of Pardons and Paroles to accurately reflect the cost of rent.
State General Funds
($16,528)
($16,528)
($16,528)
108.13 Reduce funds to recognize efficiencies in operations.
State General Funds
($472,716)
($322,716)
108.14 Reduce funds for one-time funding used to recalibrate the offender supervision risk assessment tool.
State General Funds
($75,000)
($75,000)
108.15 Reduce funds for one-time funding for technology infrastructure.
State General Funds
($67,500)
($67,500)
108.99 SAC: The purpose of this appropriation is to protect and serve Georgia citizens through effective and efficient offender supervision in communities, while providing opportunities for successful outcomes. House: The purpose of this appropriation is to protect and serve Georgia citizens through effective and efficient offender supervision in communities, while providing opportunities for successful outcomes. Governor: The purpose of this appropriation is to protect and serve Georgia citizens through effective and efficient offender supervision in communities, while providing opportunities for successful outcomes.
State General Funds
$0
$0
$0
108.100-Field Services
Appropriation (HB 751)
The purpose of this appropriation is to protect and serve Georgia citizens through effective and efficient offender supervision in
communities, while providing opportunities for successful outcomes.
TOTAL STATE FUNDS
$145,990,478 $145,008,978 $145,425,293
State General Funds
$145,990,478 $145,008,978 $145,425,293
TOTAL AGENCY FUNDS
$10,000
$10,000
$10,000
Sales and Services
$10,000
$10,000
$10,000
THURSDAY, MARCH 10, 2016
2307
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$10,000
$10,000
$10,000
$146,000,478 $145,018,978 $145,435,293
Misdemeanor Probation
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$609,367 $609,367 $609,367
$609,367 $609,367 $609,367
$609,367 $609,367 $609,367
109.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$16,254
$16,254
$16,254
109.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,634
$0
$1,188
109.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$1,432
$1,432
$1,432
109.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$1,653
$1,653
$1,653
109.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$823
$823
$823
109.99 SAC: The purpose of this appropriation is to provide regulation of all governmental and private misdemeanor probation providers through inspection and investigation. House: The purpose of this appropriation is to provide regulation of all governmental and private misdemeanor probation providers through inspection and investigation. Governor: The purpose of this appropriation is to provide regulation of all governmental and private misdemeanor probation providers through inspection and investigation.
State General Funds
$0
$0
$0
109.100 -Misdemeanor Probation
Appropriation (HB 751)
The purpose of this appropriation is to provide regulation of all governmental and private misdemeanor probation providers through
inspection and investigation.
2308
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$631,163 $631,163 $631,163
$629,529 $629,529 $629,529
$630,717 $630,717 $630,717
Family Violence, Georgia Commission on
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$374,981 $374,981 $374,981
$374,981 $374,981 $374,981
$374,981 $374,981 $374,981
110.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$16,380
$16,380
$16,380
110.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$591
$0
$431
110.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$461
$461
$461
110.99 SAC: The purpose of this appropriation is to provide for the study and evaluation of needs and services relating to family violence in Georgia, develop models for community task forces on family violence, provide training and continuing education on the dynamics of family violence, and develop standards to be used in the certification and regulation of Family Violence Intervention Programs. House: The purpose of this appropriation is to provide for the study and evaluation of needs and services relating to family violence in Georgia, develop models for community task forces on family violence, provide training and continuing education on the dynamics of family violence, and develop standards to be used in the certification and regulation of Family Violence Intervention Programs. Governor: The purpose of this appropriation is to provide for the study and evaluation of needs and services relating to family violence in Georgia, develop models for community task forces on family violence, provide training and continuing education on the dynamics of family violence, and develop standards to be used in the certification and regulation of Family Violence Intervention Programs.
State General Funds
$0
$0
$0
THURSDAY, MARCH 10, 2016
2309
110.100 -Family Violence, Georgia Commission on
Appropriation (HB 751)
The purpose of this appropriation is to provide for the study and evaluation of needs and services relating to family violence in
Georgia, develop models for community task forces on family violence, provide training and continuing education on the dynamics of
family violence, and develop standards to be used in the certification and regulation of Family Violence Intervention Programs.
TOTAL STATE FUNDS
$392,413
$391,822
$392,253
State General Funds
$392,413
$391,822
$392,253
TOTAL PUBLIC FUNDS
$392,413
$391,822
$392,253
Governor's Office of Transition, Support and Reentry
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$3,741,443 $3,741,443 $3,741,443
$3,741,443 $3,741,443 $3,741,443
$3,741,443 $3,741,443 $3,741,443
111.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$92,837
$92,837
$92,837
111.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$11,500
$0
$8,400
111.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$5,293
$5,293
$5,293
111.4 Transfer funds and two positions from the Department of Corrections to the Governor's Office of Transition, Support, and Reentry.
State General Funds
$280,057
$280,057
$280,057
111.5 Transfer funds and four positions from the State Board of Pardons and Paroles to the Governor's Office of Transition, Support and Reentry.
State General Funds
$392,362
$392,362
$392,362
111.6 Increase funds for personnel for five community coordinators to expand the Georgia Prisoner Reentry Initiative.
State General Funds
$388,945
$388,945
$388,945
2310
JOURNAL OF THE HOUSE
111.7 Transfer funds from the Governor's Office of Transition, Support and Reentry to the State Board of Pardons and Paroles to accurately reflect the cost of rent.
State General Funds
($129,115)
($129,115)
($129,115)
111.99 SAC: The purpose of this appropriation is to provide a collaboration of governmental and nongovernmental stakeholders to develop and execute a systematic reentry plan for Georgia offenders and ensure the delivery of services to reduce recidivism and support the success of returning citizens. House: The purpose of this appropriation is to provide a collaboration of governmental and nongovernmental stakeholders to develop and execute a systematic reentry plan for Georgia offenders and ensure the delivery of services to reduce recidivism and support the success of returning citizens. Governor: The purpose of this appropriation is to provide a collaboration of governmental and nongovernmental stakeholders to develop and execute a systematic reentry plan for Georgia offenders and ensure the delivery of services to reduce recidivism and support the success of returning citizens.
State General Funds
$0
$0
$0
111.100 -Governor's Office of Transition, Support and Reentry
Appropriation (HB 751)
The purpose of this appropriation is to provide a collaboration of governmental and nongovernmental stakeholders to develop and
execute a systematic reentry plan for Georgia offenders and ensure the delivery of services to reduce recidivism and support the
success of returning citizens.
TOTAL STATE FUNDS
$4,783,322
$4,771,822
$4,780,222
State General Funds
$4,783,322
$4,771,822
$4,780,222
TOTAL PUBLIC FUNDS
$4,783,322
$4,771,822
$4,780,222
Section 19: Corrections, 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
$1,168,464,300 $1,168,464,300 $1,168,464,300
$1,168,464,300 $1,168,464,300 $1,168,464,300
$170,555
$170,555
$170,555
$170,555
$170,555
$170,555
$13,581,649 $13,581,649 $13,581,649
$13,581,649 $13,581,649 $13,581,649
$13,581,649 $13,581,649 $13,581,649
$1,182,216,504 $1,182,216,504 $1,182,216,504
THURSDAY, MARCH 10, 2016
2311
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
$1,126,295,404 $1,126,295,404
$170,555 $170,555 $13,564,603 $13,564,603 $13,564,603 $1,140,030,562
$1,126,591,861 $1,126,591,861
$170,555 $170,555 $13,564,603 $13,564,603 $13,564,603 $1,140,327,019
$1,121,831,805 $1,121,831,805
$170,555 $170,555 $13,564,603 $13,564,603 $13,564,603 $1,135,566,963
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 112.1 Reduce funds.
State General Funds
$50,000 $50,000 $50,000
$50,000 $50,000 $50,000
($45,000)
$50,000 $50,000 $50,000
($45,000)
112.100 -County Jail Subsidy
Appropriation (HB 751)
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
$50,000
$5,000
$5,000
State General Funds
$50,000
$5,000
$5,000
TOTAL PUBLIC FUNDS
$50,000
$5,000
$5,000
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
$35,423,197 $35,423,197
$35,423,197 $35,423,197
$35,423,197 $35,423,197
2312
JOURNAL OF THE HOUSE
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$70,555 $70,555 $35,493,752
$70,555 $70,555 $35,493,752
$70,555 $70,555 $35,493,752
113.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$411,399
$411,399
$411,399
113.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$2,432
$0
($4,508)
113.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($50,000)
($50,000)
($50,000)
113.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($3,525)
($3,525)
($3,525)
113.5 Increase funds for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$56,526
$56,526
$56,526
113.6 Transfer funds and six positions from the Probation Supervision program to the Departmental Administration program for consolidated banking services.
State General Funds
$375,744
$375,744
$375,744
113.7 Transfer funds and one position from the Department of Corrections' Departmental Administration program to the Department of Community Supervision's Departmental Administration program.
State General Funds
($43,429)
($43,429)
($43,429)
113.8 Transfer funds and two positions from the Department of Corrections to the Governor's Office of Transition, Support, and Reentry.
State General Funds
($280,057)
($280,057)
($280,057)
113.9 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$429,898
$322,424
THURSDAY, MARCH 10, 2016
2313
113.10 Provide a report to the General Assembly regarding the effectiveness of educational programs within the department including county correctional facility GED and vocational certificate programs, the charter high school initiative, vocational/technical programs, and the GED fast track program by January 1, 2017 and a follow-up report by January 1, 2018. (H:YES)(S:YES)
State General Funds
$0
$0
113.100-Departmental Administration
Appropriation (HB 751)
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
$35,892,287 $36,319,753 $36,207,771
State General Funds
$35,892,287 $36,319,753 $36,207,771
TOTAL FEDERAL FUNDS
$70,555
$70,555
$70,555
Federal Funds Not Itemized
$70,555
$70,555
$70,555
TOTAL PUBLIC FUNDS
$35,962,842 $36,390,308 $36,278,326
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
$30,232,566 $30,232,566
$450,000 $450,000 $450,000 $30,682,566
$30,232,566 $30,232,566
$450,000 $450,000 $450,000 $30,682,566
$30,232,566 $30,232,566
$450,000 $450,000 $450,000 $30,682,566
114.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$858,702
$858,702
$858,702
114.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$5,077
$0
($9,412)
2314
JOURNAL OF THE HOUSE
114.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($104,363)
($104,363)
($104,363)
114.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($7,358)
($7,358)
($7,358)
114.5 Increase funds for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$1,429,639
$1,429,639
$1,429,639
114.98 Transfer funds, 82 positions, and 13 vehicles from the Probation Supervision program to the Detention Centers program to consolidate program operations.
State General Funds
$5,930,478
$5,930,478
$5,930,478
114.100 -Detention Centers
Appropriation (HB 751)
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
$38,344,741 $38,339,664 $38,330,252
State General Funds
$38,344,741 $38,339,664 $38,330,252
TOTAL AGENCY FUNDS
$450,000
$450,000
$450,000
Sales and Services
$450,000
$450,000
$450,000
Sales and Services Not Itemized
$450,000
$450,000
$450,000
TOTAL PUBLIC FUNDS
$38,794,741 $38,789,664 $38,780,252
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 PUBLIC FUNDS
$27,555,071 $27,555,071 $27,555,071
$27,555,071 $27,555,071 $27,555,071
$27,555,071 $27,555,071 $27,555,071
THURSDAY, MARCH 10, 2016
2315
115.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$34,408
$34,408
$34,408
115.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$203
$0
($376)
115.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($4,182)
($4,182)
($4,182)
115.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($295)
($295)
($295)
115.100 -Food and Farm Operations
Appropriation (HB 751)
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
$27,585,205 $27,585,002 $27,584,626
State General Funds
$27,585,205 $27,585,002 $27,584,626
TOTAL PUBLIC FUNDS
$27,585,205 $27,585,002 $27,584,626
Health
Continuation Budget
The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all
inmates of the state correctional system.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$201,384,166 $201,384,166
$390,000 $390,000 $390,000 $201,774,166
$201,384,166 $201,384,166
$390,000 $390,000 $390,000 $201,774,166
$201,384,166 $201,384,166
$390,000 $390,000 $390,000 $201,774,166
116.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$224,399
$224,399
$224,399
2316
JOURNAL OF THE HOUSE
116.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$1,326
$0
($2,458)
116.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($27,273)
($27,273)
($27,273)
116.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($1,923)
($1,923)
($1,923)
116.5 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives for Georgia Correctional Healthcare employees effective July 1, 2016.
State General Funds
$2,642,834
$2,642,834
$2,642,834
116.6 Increase funds to cover expenses related to recently approved Hepatitis C treatments and other bulk prescription medications. (S:Utilize existing funds to provide Hepatitis C treatments and fund actual costs in the Amended FY17 budget, while recognizing potential savings from new therapeutic options)
State General Funds
$3,729,131
$3,729,131
$0
116.100 -Health
Appropriation (HB 751)
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
$207,952,660 $207,951,334 $204,219,745
State General Funds
$207,952,660 $207,951,334 $204,219,745
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
$208,342,660 $208,341,334 $204,609,745
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.
THURSDAY, MARCH 10, 2016
2317
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$42,568,545 $42,568,545
$30,000 $30,000 $30,000 $42,598,545
$42,568,545 $42,568,545
$30,000 $30,000 $30,000 $42,598,545
$42,568,545 $42,568,545
$30,000 $30,000 $30,000 $42,598,545
117.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$97,240
$97,240
$97,240
117.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$575
$0
($1,066)
117.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($11,818)
($11,818)
($11,818)
117.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($833)
($833)
($833)
117.5 Increase funds for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$25,908
$25,908
$25,908
117.6 Increase funds to incentivize county correctional facilities to provide educational opportunities and graduate inmates from GED and vocational programs.
State General Funds
$1,325,000
$1,325,000
$1,000,000
117.7 Transfer funds and nine positions from the Department of Corrections' Offender Management program to the Department of Community Supervision's Field Services program.
State General Funds
($458,707)
($458,707)
($458,707)
117.8 Utilize existing funds to provide a $1,000 per student performance-based funding incentive to county correctional facilities for each GED diploma and vocational certificate graduate. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
2318
JOURNAL OF THE HOUSE
117.100 -Offender Management
Appropriation (HB 751)
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
$43,545,910 $43,545,335 $43,219,269
State General Funds
$43,545,910 $43,545,335 $43,219,269
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
$43,575,910 $43,575,335 $43,249,269
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
$135,395,608 $135,395,608 $135,395,608
$135,395,608 $135,395,608 $135,395,608
$135,395,608 $135,395,608 $135,395,608
118.100 -Private Prisons
Appropriation (HB 751)
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
$95,981,028 $95,981,028
$17,046
$95,981,028 $95,981,028
$17,046
$95,981,028 $95,981,028
$17,046
THURSDAY, MARCH 10, 2016
2319
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$17,046 $17,046 $95,998,074
$17,046 $17,046 $95,998,074
$17,046 $17,046 $95,998,074
119.1 Transfer funds and 1,628 positions from the Department of Corrections' Probation Supervision program to the Department of Community Supervision's Field Services program.
State General Funds Sales and Services Not Itemized Total Public Funds:
($89,674,806) ($10,000)
($89,684,806)
($89,674,806) ($10,000)
($89,684,806)
($89,674,806) ($10,000)
($89,684,806)
119.2 Transfer funds and six positions from the Probation Supervision program to the Departmental Administration program for consolidated banking services.
State General Funds
($375,744)
($375,744)
($375,744)
119.98 Transfer funds, 82 positions, and 13 vehicles from the Probation Supervision program to the Detention Centers program to consolidate program operations.
State General Funds Sales and Services Not Itemized Total Public Funds:
($5,930,478) ($7,046)
($5,937,524)
($5,930,478) ($7,046)
($5,937,524)
($5,930,478) ($7,046)
($5,937,524)
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$569,908,384 $569,908,384
$100,000 $100,000 $12,694,603 $12,694,603 $12,694,603 $582,702,987
$569,908,384 $569,908,384
$100,000 $100,000 $12,694,603 $12,694,603 $12,694,603 $582,702,987
$569,908,384 $569,908,384
$100,000 $100,000 $12,694,603 $12,694,603 $12,694,603 $582,702,987
2320
JOURNAL OF THE HOUSE
120.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$12,699,513 $12,699,513 $12,699,513
120.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$75,078
$0
($139,177)
120.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($1,543,445) ($1,543,445) ($1,543,445)
120.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($108,816)
($108,816)
($108,816)
120.5 Increase funds for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$21,164,313 $21,164,313 $21,164,313
120.6 Increase funds to annualize the cost of operations for the charter high school initiative at two state prisons.
State General Funds
$51,500
$51,500
$51,500
120.7 Increase funds for personnel and operations for 11 positions to provide educational enhancements to academic programs at four state prisons.
State General Funds
$1,411,727
$1,411,727
$1,411,727
120.8 Increase funds for contracts to expand vocational/technical programs at four state prisons.
State General Funds
$2,620,000
$2,620,000
$2,620,000
120.9 Transfer funds and seven positions from the Department of Corrections' State Prisons program to the Department of Community Supervision's Field Services program.
State General Funds
($406,678)
($406,678)
($406,678)
120.10 Reduce funds for one-time funding for setup costs of the state prison education enhancement.
State General Funds
($374,502)
120.11 Reduce funds to reflect the savings from energy efficiency upgrades.
State General Funds
($60,000)
THURSDAY, MARCH 10, 2016
2321
120.100 -State Prisons
Appropriation (HB 751)
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
$605,871,576 $605,796,498 $605,222,819
State General Funds
$605,871,576 $605,796,498 $605,222,819
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
Sales and Services
$12,694,603 $12,694,603 $12,694,603
Sales and Services Not Itemized
$12,694,603 $12,694,603 $12,694,603
TOTAL PUBLIC FUNDS
$618,666,179 $618,591,101 $618,017,422
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
$29,965,735 $29,965,735 $29,965,735
$29,965,735 $29,965,735 $29,965,735
$29,965,735 $29,965,735 $29,965,735
121.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$634,302
$634,302
$634,302
121.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$3,750
$0
($6,952)
121.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($77,090)
($77,090)
($77,090)
121.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($5,435)
($5,435)
($5,435)
2322
JOURNAL OF THE HOUSE
121.5 Increase funds for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$876,155
$876,155
$876,155
121.6 Increase funds to expand the GED fast track program at transition centers.
State General Funds
$260,000
$260,000
$260,000
121.100 -Transition Centers
Appropriation (HB 751)
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
$31,657,417 $31,653,667 $31,646,715
State General Funds
$31,657,417 $31,653,667 $31,646,715
TOTAL PUBLIC FUNDS
$31,657,417 $31,653,667 $31,646,715
Section 20: 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
$10,133,637 $10,133,637
$10,133,637 $10,133,637
$49,366,773 $49,366,773
$49,366,773 $49,366,773
$3,262,875
$3,262,875
$1,881,548
$1,881,548
$1,881,548
$1,881,548
$171,171
$171,171
$171,171
$171,171
$1,210,156
$1,210,156
$1,210,156
$1,210,156
$62,763,285 $62,763,285
$10,133,637 $10,133,637 $49,366,773 $49,366,773
$3,262,875 $1,881,548 $1,881,548
$171,171 $171,171 $1,210,156 $1,210,156 $62,763,285
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
Section Total - Final
$11,516,377 $11,516,377 $53,204,273 $53,204,273
$11,518,950 $11,518,950 $53,204,273 $53,204,273
$11,567,070 $11,567,070 $53,204,273 $53,204,273
THURSDAY, MARCH 10, 2016
2323
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
$3,262,875 $1,881,548 $1,881,548
$171,171 $171,171 $1,210,156 $1,210,156 $67,983,525
$3,262,875 $1,881,548 $1,881,548
$171,171 $171,171 $1,210,156 $1,210,156 $67,986,098
$3,262,875 $1,881,548 $1,881,548
$171,171 $171,171 $1,210,156 $1,210,156 $68,034,218
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
$1,143,379 $1,143,379
$723,528 $723,528 $1,866,907
$1,143,379 $1,143,379
$723,528 $723,528 $1,866,907
$1,143,379 $1,143,379
$723,528 $723,528 $1,866,907
122.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$32,856
$32,856
$32,856
122.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$439
$0
($115)
122.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$4,248
$4,248
$4,248
122.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$2,731
$2,731
$2,731
122.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$4,989
$3,742
2324
JOURNAL OF THE HOUSE
122.100-Departmental Administration
Appropriation (HB 751)
The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.
TOTAL STATE FUNDS
$1,183,653
$1,188,203
$1,186,841
State General Funds
$1,183,653
$1,188,203
$1,186,841
TOTAL FEDERAL FUNDS
$723,528
$723,528
$723,528
Federal Funds Not Itemized
$723,528
$723,528
$723,528
TOTAL PUBLIC FUNDS
$1,907,181
$1,911,731
$1,910,369
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
$5,086,422 $5,086,422 $34,639,522 $34,639,522 $3,258,997 $1,881,548 $1,881,548
$171,171 $171,171 $1,206,278 $1,206,278 $42,984,941
$5,086,422 $5,086,422 $34,639,522 $34,639,522 $3,258,997 $1,881,548 $1,881,548
$171,171 $171,171 $1,206,278 $1,206,278 $42,984,941
$5,086,422 $5,086,422 $34,639,522 $34,639,522 $3,258,997 $1,881,548 $1,881,548
$171,171 $171,171 $1,206,278 $1,206,278 $42,984,941
123.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$76,270
$76,270
$76,270
123.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$1,020
$0
($267)
THURSDAY, MARCH 10, 2016
2325
123.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$12,788
$12,788
$12,788
123.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$461
$461
$461
123.5 Increase funds for equipment for the Georgia State Defense Force.
State General Funds
$50,000
123.99 SAC: The purpose of this appropriation is to provide and maintain facilities for the training of Army National Guard, Air National Guard, and State Defense Force personnel, and to provide an organized militia that can be activated and deployed at the direction of the President or Governor for a man-made crisis or natural disaster. House: The purpose of this appropriation is to provide and maintain facilities for the training of Army National Guard, Air National Guard, and State Defense Force personnel, and to provide an organized militia that can be activated and deployed at the direction of the President or Governor for a man-made crisis or natural disaster. Governor: The purpose of this appropriation is to provide and maintain facilities for the training of Army National Guard, Air National Guard, and State Defense Force personnel, and to provide an organized militia that can be activated and deployed at the direction of the President or Governor for a manmade crisis or natural disaster.
State General Funds
$0
$0
$0
123.100 -Military Readiness
Appropriation (HB 751)
The purpose of this appropriation is to provide and maintain facilities for the training of Army National Guard, Air National Guard,
and State Defense Force personnel, and to provide an organized militia that can be activated and deployed at the direction of the
President or Governor for a man-made crisis or natural disaster.
TOTAL STATE FUNDS
$5,176,961
$5,175,941
$5,225,674
State General Funds
$5,176,961
$5,175,941
$5,225,674
TOTAL FEDERAL FUNDS
$34,639,522 $34,639,522 $34,639,522
Federal Funds Not Itemized
$34,639,522 $34,639,522 $34,639,522
TOTAL AGENCY FUNDS
$3,258,997
$3,258,997
$3,258,997
Intergovernmental Transfers
$1,881,548
$1,881,548
$1,881,548
Intergovernmental Transfers Not Itemized
$1,881,548
$1,881,548
$1,881,548
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
2326
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$1,206,278 $43,075,480
$1,206,278 $43,074,460
$1,206,278 $43,124,193
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
$3,903,836 $3,903,836 $14,003,723 $14,003,723
$3,878 $3,878 $3,878 $17,911,437
$3,903,836 $3,903,836 $14,003,723 $14,003,723
$3,878 $3,878 $3,878 $17,911,437
$3,903,836 $3,903,836 $14,003,723 $14,003,723
$3,878 $3,878 $3,878 $17,911,437
124.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$71,628
$71,628
$71,628
124.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$957
$0
($251)
124.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$21,848
$21,848
$21,848
124.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$1,179
$1,179
$1,179
124.5 Increase funds for personnel and operations to support the Milledgeville Youth Challenge Academy.
State General Funds Federal Funds Not Itemized Total Public Funds:
$1,156,315 $3,837,500 $4,993,815
$1,156,315 $3,837,500 $4,993,815
$1,156,315 $3,837,500 $4,993,815
THURSDAY, MARCH 10, 2016
2327
124.100 -Youth Educational Services
Appropriation (HB 751)
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
$5,155,763
$5,154,806
$5,154,555
State General Funds
$5,155,763
$5,154,806
$5,154,555
TOTAL FEDERAL FUNDS
$17,841,223 $17,841,223 $17,841,223
Federal Funds Not Itemized
$17,841,223 $17,841,223 $17,841,223
TOTAL AGENCY FUNDS
$3,878
$3,878
$3,878
Sales and Services
$3,878
$3,878
$3,878
Sales and Services Not Itemized
$3,878
$3,878
$3,878
TOTAL PUBLIC FUNDS
$23,000,864 $22,999,907 $22,999,656
Section 21: 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
$67,096,307 $67,096,307
$67,096,307 $67,096,307
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$69,940,428 $69,940,428
$67,096,307 $67,096,307
$2,844,121 $2,844,121 $2,844,121 $69,940,428
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$68,270,024 $68,270,024
$2,844,121 $2,844,121 $2,844,121 $71,114,145
$67,782,356 $67,782,356
$2,844,121 $2,844,121 $2,844,121 $70,626,477
$67,665,779 $67,665,779
$2,844,121 $2,844,121 $2,844,121 $70,509,900
Customer Service Support
Continuation Budget
The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck
compliance.
2328
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$9,527,809 $9,527,809
$500,857 $500,857 $500,857 $10,028,666
$9,527,809 $9,527,809
$500,857 $500,857 $500,857 $10,028,666
$9,527,809 $9,527,809
$500,857 $500,857 $500,857 $10,028,666
125.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$148,246
$148,246
$148,246
125.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$2,131
$0
($369)
125.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($5,359)
($5,359)
($5,359)
125.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$18,145
$18,145
$18,145
125.100-Customer Service Support
Appropriation (HB 751)
The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck
compliance.
TOTAL STATE FUNDS
$9,690,972
$9,688,841
$9,688,472
State General Funds
$9,690,972
$9,688,841
$9,688,472
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
$10,191,829 $10,189,698 $10,189,329
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.
THURSDAY, MARCH 10, 2016
2329
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$56,667,632 $56,667,632
$1,827,835 $1,827,835 $1,827,835 $58,495,467
$56,667,632 $56,667,632
$1,827,835 $1,827,835 $1,827,835 $58,495,467
$56,667,632 $56,667,632
$1,827,835 $1,827,835 $1,827,835 $58,495,467
126.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$922,619
$922,619
$922,619
126.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$13,266
$0
($2,300)
126.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($64,905)
($64,905)
($64,905)
126.4 Increase funds for personnel for two full-time and two part-time driver examiner positions at the Fayetteville Customer Service Center.
State General Funds
$104,040
$104,040
$104,040
126.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$28,258
$21,194
126.6 Eliminate one-time funds for a commercial driver's license pad in West Georgia.
State General Funds
($500,000)
($500,000)
126.7 Utilize existing funds for new vessel endorsement for boating certification. (S:YES)
State General Funds
$0
126.8 Reduce funds for start-up costs for the Paulding Customer Service Center.
State General Funds
($106,752)
2330
JOURNAL OF THE HOUSE
126.100 -License Issuance
Appropriation (HB 751)
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
$57,642,652 $57,157,644 $57,041,528
State General Funds
$57,642,652 $57,157,644 $57,041,528
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
$59,470,487 $58,985,479 $58,869,363
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
$900,866 $900,866 $515,429 $515,429 $515,429 $1,416,295
$900,866 $900,866 $515,429 $515,429 $515,429 $1,416,295
$900,866 $900,866 $515,429 $515,429 $515,429 $1,416,295
127.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$36,791
$36,791
$36,791
127.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$529
$0
($92)
127.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($1,786)
($1,786)
($1,786)
THURSDAY, MARCH 10, 2016
2331
127.100 -Regulatory Compliance
Appropriation (HB 751)
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
$936,400
$935,871
$935,779
State General Funds
$936,400
$935,871
$935,779
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
$1,451,829
$1,451,300
$1,451,208
Section 22: 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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Continuation
$376,822,861 $376,822,861
$55,527,513 $55,527,513
$321,295,348 $321,295,348
$378,637,476 $378,637,476
$155,323,341 $155,323,341
$97,618,088 $97,618,088
$125,696,047 $125,696,047
$30,000
$30,000
$30,000
$30,000
$30,000
$30,000
$130,000
$130,000
$130,000
$130,000
$130,000
$130,000
$755,620,337 $755,620,337
$376,822,861 $55,527,513 $321,295,348 $378,637,476 $155,323,341 $97,618,088 $125,696,047
$30,000 $30,000 $30,000 $130,000 $130,000 $130,000 $755,620,337
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS
Section Total - Final
$413,427,104 $55,568,416 $357,858,688 $378,637,476
$413,411,221 $55,569,651 $357,841,570 $378,637,476
$413,416,866 $55,569,679 $357,847,187 $378,637,476
2332
JOURNAL OF THE HOUSE
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
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$155,323,341 $97,618,088 $125,696,047
$30,000 $30,000 $30,000 $130,000 $130,000 $130,000 $792,224,580
$155,323,341 $97,618,088 $125,696,047
$30,000 $30,000 $30,000 $130,000 $130,000 $130,000 $792,208,697
$155,323,341 $97,618,088 $125,696,047
$30,000 $30,000 $30,000 $130,000 $130,000 $130,000 $792,214,342
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 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 PUBLIC FUNDS
$55,527,513 $55,527,513 $203,084,701
$3,452,681 $97,618,088 $102,013,932
$25,000 $25,000 $25,000 $258,637,214
$55,527,513 $55,527,513 $203,084,701
$3,452,681 $97,618,088 $102,013,932
$25,000 $25,000 $25,000 $258,637,214
$55,527,513 $55,527,513 $203,084,701
$3,452,681 $97,618,088 $102,013,932
$25,000 $25,000 $25,000 $258,637,214
128.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$40,903
$40,903
$40,903
128.2 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$1,235
$926
128.3 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$337
THURSDAY, MARCH 10, 2016
2333
128.100 -Child Care Services
Appropriation (HB 751)
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
$55,568,416 $55,569,651 $55,569,679
State General Funds
$55,568,416 $55,569,651 $55,569,679
TOTAL FEDERAL FUNDS
$203,084,701 $203,084,701 $203,084,701
Federal Funds Not Itemized
$3,452,681
$3,452,681
$3,452,681
CCDF Mandatory & Matching Funds CFDA93.596
$97,618,088 $97,618,088 $97,618,088
Child Care & Development Block Grant CFDA93.575
$102,013,932 $102,013,932 $102,013,932
TOTAL AGENCY FUNDS
$25,000
$25,000
$25,000
Rebates, Refunds, and Reimbursements
$25,000
$25,000
$25,000
Rebates, Refunds, and Reimbursements Not Itemized
$25,000
$25,000
$25,000
TOTAL PUBLIC FUNDS
$258,678,117 $258,679,352 $258,679,380
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 $138,000,000 $138,000,000 $138,000,000
$0 $0 $138,000,000 $138,000,000 $138,000,000
$0 $0 $138,000,000 $138,000,000 $138,000,000
129.100 -Nutrition
Appropriation (HB 751)
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
$138,000,000 $138,000,000 $138,000,000
$138,000,000 $138,000,000 $138,000,000
$138,000,000 $138,000,000 $138,000,000
2334
JOURNAL OF THE HOUSE
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
$321,295,348 $0
$321,295,348 $175,000 $175,000
$321,470,348
$321,295,348 $0
$321,295,348 $175,000 $175,000
$321,470,348
$321,295,348 $0
$321,295,348 $175,000 $175,000
$321,470,348
130.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Lottery Proceeds
$7,927,490
$7,927,490
$7,927,490
130.2 Increase funds to reflect an adjustment in merit system assessments.
Lottery Proceeds
$17,118
$0
$5,617
130.3 Increase funds to reflect an adjustment in TeamWorks billings.
Lottery Proceeds
$22,430
$22,430
$22,430
130.4 Increase funds to implement a new compensation model to retain lead teachers, increase assistant teacher salaries, and maintain classroom quality.
Lottery Proceeds
$26,213,684 $26,213,684 $26,213,684
130.5 Increase funds for benefits for Pre-Kindergarten lead and assistant teachers and provide program providers with the flexibility to combine benefits and non-instructional costs as needed.
Lottery Proceeds
$2,382,618
$2,382,618
$2,382,618
130.6 Utilize existing departmental contract funds ($1,150,500) to provide a $300 one-time materials grant for each PreKindergarten classroom. (H:YES)(S:YES)
State General Funds
$0
$0
130.100-Pre-Kindergarten Program
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2335
TOTAL STATE FUNDS Lottery Proceeds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$357,858,688 $357,858,688
$175,000 $175,000 $358,033,688
$357,841,570 $357,841,570
$175,000 $175,000 $358,016,570
$357,847,187 $357,847,187
$175,000 $175,000 $358,022,187
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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$0 $0 $37,377,775 $13,695,660 $23,682,115 $5,000 $5,000 $5,000 $130,000 $130,000 $130,000 $37,512,775
$0 $0 $37,377,775 $13,695,660 $23,682,115 $5,000 $5,000 $5,000 $130,000 $130,000 $130,000 $37,512,775
$0 $0 $37,377,775 $13,695,660 $23,682,115 $5,000 $5,000 $5,000 $130,000 $130,000 $130,000 $37,512,775
131.100 -Quality Initiatives
Appropriation (HB 751)
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
$37,377,775 $13,695,660 $23,682,115
$5,000 $5,000 $5,000
$37,377,775 $13,695,660 $23,682,115
$5,000 $5,000 $5,000
$37,377,775 $13,695,660 $23,682,115
$5,000 $5,000 $5,000
2336
JOURNAL OF THE HOUSE
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$130,000 $130,000 $130,000 $37,512,775
$130,000 $130,000 $130,000 $37,512,775
$130,000 $130,000 $130,000 $37,512,775
Section 23: Economic Development, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$30,822,634 $30,822,634 $30,822,634 $30,822,634 $74,021,318 $74,021,318 $74,021,318 $74,021,318 $104,843,952 $104,843,952
$30,822,634 $30,822,634 $74,021,318 $74,021,318 $104,843,952
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$31,051,667 $31,051,667 $74,021,318 $74,021,318 $105,072,985
$32,146,155 $32,146,155 $74,021,318 $74,021,318 $106,167,473
$31,713,023 $31,713,023 $74,021,318 $74,021,318 $105,734,341
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
$4,478,642 $4,478,642 $4,478,642
$4,478,642 $4,478,642 $4,478,642
$4,478,642 $4,478,642 $4,478,642
132.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$100,795
$100,795
$100,795
132.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,775
$0
$2,075
THURSDAY, MARCH 10, 2016
2337
132.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$4,637
$4,637
$4,637
132.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$33,206
$33,206
$33,206
132.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$597
$597
$597
132.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$12,816
$9,612
132.100-Departmental Administration
Appropriation (HB 751)
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
$4,621,652
$4,630,693
$4,629,564
State General Funds
$4,621,652
$4,630,693
$4,629,564
TOTAL PUBLIC FUNDS
$4,621,652
$4,630,693
$4,629,564
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
$1,096,969 $1,096,969 $1,096,969
$1,096,969 $1,096,969 $1,096,969
$1,096,969 $1,096,969 $1,096,969
133.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$21,543
$21,543
$21,543
133.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$807
$0
$443
2338
JOURNAL OF THE HOUSE
133.3 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$106
$106
$106
133.100-Film, Video, and Music
Appropriation (HB 751)
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
$1,119,425
$1,118,618
$1,119,061
State General Funds
$1,119,425
$1,118,618
$1,119,061
TOTAL PUBLIC FUNDS
$1,119,425
$1,118,618
$1,119,061
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
$603,360 $603,360 $659,400 $659,400 $1,262,760
$603,360 $603,360 $659,400 $659,400 $1,262,760
$603,360 $603,360 $659,400 $659,400 $1,262,760
134.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$13,002
$13,002
$13,002
134.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$487
$0
$268
134.3 Increase funds for grants program.
State General Funds
$100,000
134.100-Arts, Georgia Council for the
Appropriation (HB 751)
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
$616,849
$616,362
$716,630
State General Funds
$616,849
$616,362
$716,630
THURSDAY, MARCH 10, 2016
2339
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$659,400 $659,400 $1,276,249
$659,400 $659,400 $1,275,762
$659,400 $659,400 $1,376,030
Georgia Council for the Arts - Special Project
Continuation Budget
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 larger than $5,000.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$300,000 $300,000 $300,000
$300,000 $300,000 $300,000
$300,000 $300,000 $300,000
135.100-Georgia Council for the Arts - Special Project
Appropriation (HB 751)
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 larger than $5,000.
TOTAL STATE FUNDS
$300,000
$300,000
$300,000
State General Funds
$300,000
$300,000
$300,000
TOTAL PUBLIC FUNDS
$300,000
$300,000
$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
$10,881,240 $10,881,240 $10,881,240
$10,881,240 $10,881,240 $10,881,240
$10,881,240 $10,881,240 $10,881,240
136.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$179,993
$179,993
$179,993
2340
JOURNAL OF THE HOUSE
136.2 Increase funds to reflect an adjustment in merit system assessments. State General Funds 136.3 Increase funds to reflect an adjustment in payroll shared services billings. State General Funds 136.4 Increase funds for marketing. State General Funds
$6,741 $1,159 $200,000
$0 $1,159 $200,000
$3,704 $1,159 $200,000
136.100-Global Commerce
Appropriation (HB 751)
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
$11,269,133 $11,262,392 $11,266,096
State General Funds
$11,269,133 $11,262,392 $11,266,096
TOTAL PUBLIC FUNDS
$11,269,133 $11,262,392 $11,266,096
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
137.100-Governor's Office of Workforce Development
Appropriation (HB 751)
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
THURSDAY, MARCH 10, 2016
2341
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
TOTAL PUBLIC FUNDS
$1,522,960 $1,522,960 $1,522,960
$1,522,960 $1,522,960 $1,522,960
$1,522,960 $1,522,960 $1,522,960
138.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$19,031
$19,031
$19,031
138.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$713
$0
$392
138.3 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$105
$105
$105
138.99 SAC: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses. House: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses. Governor: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses.
State General Funds
$0
$0
$0
138.100 -Innovation and Technology
Appropriation (HB 751)
The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses.
TOTAL STATE FUNDS
$1,542,809
$1,542,096
$1,542,488
State General Funds
$1,542,809
$1,542,096
$1,542,488
TOTAL PUBLIC FUNDS
$1,542,809
$1,542,096
$1,542,488
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.
2342
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$951,926 $951,926 $951,926
$951,926 $951,926 $951,926
$951,926 $951,926 $951,926
139.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$24,058
$24,058
$24,058
139.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$901
$0
$495
139.3 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$105
$105
$105
139.100 -Small and Minority Business Development
Appropriation (HB 751)
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
$976,990
$976,089
$976,584
State General Funds
$976,990
$976,089
$976,584
TOTAL PUBLIC FUNDS
$976,990
$976,089
$976,584
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
$10,987,537 $10,987,537 $10,987,537
$10,987,537 $10,987,537 $10,987,537
$10,987,537 $10,987,537 $10,987,537
140.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$130,928
$130,928
$130,928
140.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$4,904
$0
$2,695
THURSDAY, MARCH 10, 2016
2343
140.3 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$1,440
$1,440
$1,440
140.4 Eliminate funds for one-time funding for the National Infantry Museum. (S:Reduce funds for the National Infantry Museum)
State General Funds
($500,000)
($500,000)
($400,000)
140.5 Reduce funds for the Georgia Civil War Heritage Trails. (S:Increase funds for the Georgia Civil War Heritage Trails)
State General Funds
($10,000)
($10,000)
$20,000
140.6 Eliminate funds for one-time funding for signage and marketing of the "Vietnam Moving Wall" at the Walk of Heroes.
State General Funds
($10,000)
($10,000)
($10,000)
140.7 Increase funds for tourism marketing and promotion. (S:Increase funds for tourism marketing, and marketing for the Year of Music in Georgia)
State General Funds
$1,000,000
$200,000
140.8 Increase funds for the Georgia Historical Society for historical markers.
State General Funds
$100,000
$100,000
140.9 Increase funds for the Historic Chattahoochee Commission.
State General Funds
$20,000
140.10 Increase funds for the Georgia Humanities Council.
State General Funds
$10,000
140.11 Increase funds for one-time funding for the Martin Luther King Jr. Center for Nonviolent Social Change to modernize public space and facilities for tourism to commemorate the life of Martin Luther King Jr. on the 50th anniversary of his death.
State General Funds
$100,000
140.99 SAC: 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.
House: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state;
operate and maintain state welcome centers; and work with communities to develop and market tourism products in order to attract
more tourism to the state.
Governor: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state;
operate and maintain state welcome centers; and work with communities to develop and market tourism products in order to attract
more tourism to the state.
State General Funds
$0
$0
$0
2344
JOURNAL OF THE HOUSE
140.100 -Tourism
Appropriation (HB 751)
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
$10,604,809 $11,699,905 $11,162,600
State General Funds
$10,604,809 $11,699,905 $11,162,600
TOTAL PUBLIC FUNDS
$10,604,809 $11,699,905 $11,162,600
Section 24: 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
Section Total - Continuation
$8,502,129,564 $8,502,129,564 $8,502,129,564
$8,502,129,564 $8,502,129,564 $8,502,129,564
$2,057,722,950 $2,057,722,950 $2,057,722,950
$2,057,703,320 $2,057,703,320 $2,057,703,320
$19,630
$19,630
$19,630
$46,429,171 $46,429,171 $46,429,171
$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
$8,833,273
$8,833,273
$8,833,273
$8,833,273
$8,833,273
$8,833,273
$10,606,281,685 $10,606,281,685 $10,606,281,685
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994
TOTAL AGENCY FUNDS
Section Total - Final
$8,918,109,042 $8,918,109,042 $2,057,722,950 $2,057,703,320
$19,630 $46,429,171
$8,918,643,825 $8,918,643,825 $2,057,722,950 $2,057,703,320
$19,630 $46,753,543
$8,918,366,015 $8,918,366,015 $2,057,722,950 $2,057,703,320
$19,630 $46,753,543
THURSDAY, MARCH 10, 2016
2345
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
$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
$8,833,273
$9,157,645
$9,157,645
$8,833,273
$9,157,645
$9,157,645
$11,022,261,163 $11,023,120,318 $11,022,842,508
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
$8,794,527 $8,794,527
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,654,800
$8,794,527 $8,794,527
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,654,800
$8,794,527 $8,794,527
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,654,800
141.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$11,098
$11,098
$11,098
141.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$391
$0
$226
141.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($742)
($742)
($742)
141.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$192
$192
$192
2346
JOURNAL OF THE HOUSE
141.5 Increase funds for a 3% salary adjustment effective July 1, 2016. State General Funds 141.6 Increase funds for the Young Farmers program in Atkinson and Toombs counties. State General Funds 141.7 Increase funds for Extended Day. State General Funds 141.8 Increase funds for teachers to assist eligible students attending FCCLA camp. State General Funds
$244,504 $150,000
$244,504 $150,000 $170,000
$35,000
141.100 -Agricultural Education
Appropriation (HB 751)
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
$8,805,466
$9,199,579
$9,404,805
State General Funds
$8,805,466
$9,199,579
$9,404,805
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
$10,665,739 $11,059,852 $11,265,078
Audio-Video Technology and Film Grants
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
142.1 Increase funds for film and audio-video equipment grants to middle and high schools. (S:Fund film and audio-video equipment through CTAE coursework grants in the Technology/Career Education program)
State General Funds
$2,500,000
$2,500,000
$0
142.99 SAC: The purpose of this appropriation is to provide funds for grants for film and audio-video equipment to local school systems. House: The purpose of this appropriation is to provide funds for grants for film and audio-video equipment to local school systems.
THURSDAY, MARCH 10, 2016
2347
Governor: The purpose of this appropriation is to provide funds for grants for film and audio-video equipment to local school systems.
State General Funds
$0
$0
$0
142.100 -Audio-Video Technology and Film Grants
Appropriation (HB 751)
The purpose of this appropriation is to provide funds for grants for film and audio-video equipment to local school systems.
TOTAL STATE FUNDS
$2,500,000
$2,500,000
$0
State General Funds
$2,500,000
$2,500,000
$0
TOTAL PUBLIC FUNDS
$2,500,000
$2,500,000
$0
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
$7,479,770 $7,479,770
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,957,040
$7,479,770 $7,479,770
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,957,040
$7,479,770 $7,479,770
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,957,040
143.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$199,938
$199,938
$199,938
143.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$7,558
$0
$4,371
143.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($14,334)
($14,334)
($14,334)
143.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$11,052
$11,052
$11,052
2348
JOURNAL OF THE HOUSE
143.100 -Business and Finance Administration
Appropriation (HB 751)
The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation.
TOTAL STATE FUNDS
$7,683,984
$7,676,426
$7,680,797
State General Funds
$7,683,984
$7,676,426
$7,680,797
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
$30,161,254 $30,153,696 $30,158,067
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
$4,048,477 $4,048,477 $24,369,593 $24,369,593
$243,929 $243,929 $243,929 $28,661,999
$4,048,477 $4,048,477 $24,369,593 $24,369,593
$243,929 $243,929 $243,929 $28,661,999
$4,048,477 $4,048,477 $24,369,593 $24,369,593
$243,929 $243,929 $243,929 $28,661,999
144.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$99,446
$99,446
$99,446
144.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,220
$0
$1,862
144.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($6,089)
($6,089)
($6,089)
144.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$5,786
$5,786
$5,786
THURSDAY, MARCH 10, 2016
2349
144.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$28,273
$21,205
144.6 Increase funds for the American Association of Adapted Sports Program.
State General Funds
$35,000
144.100 -Central Office
Appropriation (HB 751)
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
$4,150,840
$4,175,893
$4,205,687
State General Funds
$4,150,840
$4,175,893
$4,205,687
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
$28,764,362 $28,789,415 $28,819,209
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
$2,146,548 $2,146,548
$153,422 $153,422 $2,299,970
$2,146,548 $2,146,548
$153,422 $153,422 $2,299,970
$2,146,548 $2,146,548
$153,422 $153,422 $2,299,970
145.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$13,181
$13,181
$13,181
145.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$215
$0
$124
2350
JOURNAL OF THE HOUSE
145.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($408)
($408)
($408)
145.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$561
$561
$561
145.100 -Charter Schools
Appropriation (HB 751)
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
$2,160,097
$2,159,882
$2,160,006
State General Funds
$2,160,097
$2,159,882
$2,160,006
TOTAL FEDERAL FUNDS
$153,422
$153,422
$153,422
Federal Funds Not Itemized
$153,422
$153,422
$153,422
TOTAL PUBLIC FUNDS
$2,313,519
$2,313,304
$2,313,428
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 146.1 Increase funds for local affiliates.
State General Funds
$1,053,100 $1,053,100 $1,053,100
$1,053,100 $1,053,100 $1,053,100
$1,053,100 $1,053,100 $1,053,100
$150,000
$150,000
146.100-Communities in Schools
Appropriation (HB 751)
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
$1,053,100
$1,203,100
$1,203,100
State General Funds
$1,053,100
$1,203,100
$1,203,100
TOTAL PUBLIC FUNDS
$1,053,100
$1,203,100
$1,203,100
THURSDAY, MARCH 10, 2016
2351
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
$3,523,280 $3,523,280 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,347,487
$3,523,280 $3,523,280 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,347,487
$3,523,280 $3,523,280 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,347,487
147.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$86,323
$86,323
$86,323
147.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,671
$0
$1,545
147.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($5,071)
($5,071)
($5,071)
147.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$3,414
$3,414
$3,414
147.5 Increase funds for personnel for one computer science specialist position.
State General Funds
$133,400
$133,400
$133,400
147.100-Curriculum Development
Appropriation (HB 751)
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
$3,744,017
$3,741,346
$3,742,891
State General Funds
$3,744,017
$3,741,346
$3,742,891
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
2352
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$430,717 $430,717 $430,717 $7,568,224
$430,717 $430,717 $430,717 $7,565,553
$430,717 $430,717 $430,717 $7,567,098
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
148.100-Federal Programs
Appropriation (HB 751)
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, MARCH 10, 2016
2353
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$62,246,538 $62,246,538
$8,160,000 $8,160,000 $70,406,538
$62,246,538 $62,246,538
$8,160,000 $8,160,000 $70,406,538
$62,246,538 $62,246,538
$8,160,000 $8,160,000 $70,406,538
149.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$1,560,837
$1,560,837
$1,560,837
149.2 Increase funds for enrollment growth.
State General Funds
$72,462
$72,462
$72,462
149.3 Increase funds for personnel and operations for the program manager position to provide state level support.
State General Funds
$46,724
$46,724
$46,724
149.100-Georgia Network for Educational and Therapeutic Support (GNETS)
Appropriation (HB 751)
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
$63,926,561 $63,926,561 $63,926,561
State General Funds
$63,926,561 $63,926,561 $63,926,561
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
$72,086,561 $72,086,561 $72,086,561
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
$3,232,540 $3,232,540 $5,600,037 $5,600,037
$3,232,540 $3,232,540 $5,600,037 $5,600,037
$3,232,540 $3,232,540 $5,600,037 $5,600,037
2354
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$5,600,037 $8,832,577
$5,600,037 $8,832,577
$5,600,037 $8,832,577
150.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$92,109
$92,109
$92,109
150.2 Replace funds. (S:Replace funds, evaluate existing courses, and develop a plan to expand course offerings)
State General Funds Sales and Services Not Itemized Total Public Funds:
($324,372) $324,372
$0
($324,372) $324,372
$0
150.100-Georgia Virtual School
Appropriation (HB 751)
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
$3,324,649
$3,000,277
$3,000,277
State General Funds
$3,324,649
$3,000,277
$3,000,277
TOTAL AGENCY FUNDS
$5,600,037
$5,924,409
$5,924,409
Sales and Services
$5,600,037
$5,924,409
$5,924,409
Sales and Services Not Itemized
$5,600,037
$5,924,409
$5,924,409
TOTAL PUBLIC FUNDS
$8,924,686
$8,924,686
$8,924,686
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
$18,393,696 $18,393,696
$1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $26,970,412
$18,393,696 $18,393,696
$1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $26,970,412
$18,393,696 $18,393,696
$1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $26,970,412
THURSDAY, MARCH 10, 2016
2355
151.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$324,417
$324,417
$324,417
151.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$10,947
$0
$6,331
151.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($20,761)
($20,761)
($20,761)
151.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$12,130
$12,130
$12,130
151.5 Increase funds to support the information technology applications used by local school systems. (S:Increase funds for information technology supporting local school systems only)
State General Funds
$2,838,315
$1,651,892
$2,838,315
151.100 -Information Technology Services
Appropriation (HB 751)
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
$21,558,744 $20,361,374 $21,554,128
State General Funds
$21,558,744 $20,361,374 $21,554,128
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
$30,135,460 $28,938,090 $30,130,844
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.
2356
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$10,683,086 $10,683,086 $10,683,086
$10,683,086 $10,683,086 $10,683,086
$10,683,086 $10,683,086 $10,683,086
152.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$118,101
$93,411
$93,411
152.2 Increase funds for Residential Treatment Facilities based on attendance.
State General Funds
$1,407,368
$528,121
$528,121
152.100-Non Quality Basic Education Formula Grants
Appropriation (HB 751)
The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity
grants.
TOTAL STATE FUNDS
$12,208,555 $11,304,618 $11,304,618
State General Funds
$12,208,555 $11,304,618 $11,304,618
TOTAL PUBLIC FUNDS
$12,208,555 $11,304,618 $11,304,618
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
$22,862,765 $22,862,765 $714,191,428 $714,191,428
$108,824 $108,824 $108,824 $737,163,017
$22,862,765 $22,862,765 $714,191,428 $714,191,428
$108,824 $108,824 $108,824 $737,163,017
$22,862,765 $22,862,765 $714,191,428 $714,191,428
$108,824 $108,824 $108,824 $737,163,017
153.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$9,924
$9,924
$9,924
153.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$391
$0
$226
THURSDAY, MARCH 10, 2016
2357
153.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($742)
($742)
($742)
153.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$365
$365
$365
153.5 Increase funds for a 3% salary adjustment for lunchroom workers effective July 1, 2016.
State General Funds
$706,079
$706,079
153.100 -Nutrition
Appropriation (HB 751)
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
$22,872,703 $23,578,391 $23,578,617
State General Funds
$22,872,703 $23,578,391 $23,578,617
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
$737,172,955 $737,878,643 $737,878,869
Preschool Disabilities Services
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
$31,446,339 $31,446,339 $31,446,339
$31,446,339 $31,446,339 $31,446,339
$31,446,339 $31,446,339 $31,446,339
154.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$816,173
$816,173
$816,173
154.2 Increase funds for enrollment growth and training and experience.
State General Funds
$1,435,782
$1,435,782
$1,435,782
2358
JOURNAL OF THE HOUSE
154.98 Change the name of the Preschool Handicapped program to the Preschool Disabilities Services program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
154.100 -Preschool Disabilities Services
Appropriation (HB 751)
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
$33,698,294 $33,698,294 $33,698,294
State General Funds
$33,698,294 $33,698,294 $33,698,294
TOTAL PUBLIC FUNDS
$33,698,294 $33,698,294 $33,698,294
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 155.1 Increase funds for Equalization grants.
State General Funds
$498,225,928 $498,225,928 $498,225,928
$498,225,928 $498,225,928 $498,225,928
$498,225,928 $498,225,928 $498,225,928
$503,108
$503,108
$503,108
155.100 -Quality Basic Education Equalization
Appropriation (HB 751)
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
$498,729,036 $498,729,036 $498,729,036
State General Funds
$498,729,036 $498,729,036 $498,729,036
TOTAL PUBLIC FUNDS
$498,729,036 $498,729,036 $498,729,036
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.
THURSDAY, MARCH 10, 2016
2359
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS 156.1 Adjust funds for the Local Five Mill Share.
State General Funds
($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225) ($1,664,572,225)
($39,490,446) ($39,490,446) ($39,490,446)
156.100 -Quality Basic Education Local Five Mill Share
Appropriation (HB 751)
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
($1,704,062,671) ($1,704,062,671) ($1,704,062,671)
State General Funds
($1,704,062,671) ($1,704,062,671) ($1,704,062,671)
TOTAL PUBLIC FUNDS
($1,704,062,671) ($1,704,062,671) ($1,704,062,671)
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
$9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908 $9,393,786,908
157.1 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
$300,000,000 $300,000,000 $300,000,000
157.2 Increase funds for enrollment growth and training and experience.
State General Funds
$124,057,498 $124,057,498 $124,057,498
157.3 Increase funds for differentiated pay for newly certified math and science teachers.
State General Funds
$307,704
$307,704
$307,704
157.4 Increase funds for School Nurses.
State General Funds
$220,798
$220,798
$220,798
157.5 Increase funds for the State Commission Charter School supplement.
State General Funds
$10,528,792 $10,528,792
$8,021,294
2360
JOURNAL OF THE HOUSE
157.6 Increase funds for charter system grants.
State General Funds
$2,999,129
$2,999,129
$2,999,129
157.7 Increase funds for the Special Needs Scholarship. (H and S:YES; Realize savings from program attrition in the Special Needs Scholarship to fund additional growth)
State General Funds
$2,613,136
$0
$0
157.8 Transfer funds for the employer share of the Teachers Retirement System of Georgia for non-certificated managers and supervisors ($5,558,750) from the State Interagency Transfers program to the Quality Basic Education program and increase funds to meet projected expenditures ($838,723).
State General Funds
$6,397,473
$6,397,473
$6,397,473
157.9 Transfer funds from the State Interagency Transfers program to the Quality Basic Education program for special education in state institutions.
State General Funds
$2,539,213
$2,539,213
$2,539,213
157.10 Increase funds for a 3% salary adjustment for school nurses effective July 1, 2016.
State General Funds
$912,932
$912,932
157.11 Increase funds for a 3% salary adjustment for school bus drivers effective July 1, 2016.
State General Funds
$2,535,333
$2,535,333
157.12 Provide for a scheduled increase of the employer contribution rate for non-certificated school service employees from $746.20 to $846.20 effective January 1, 2017. (H:YES)(S:YES)
State General Funds
$0
$0
157.100-Quality Basic Education Program
Appropriation (HB 751)
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
$9,843,450,651 $9,844,285,780 $9,841,778,282
State General Funds
$9,843,450,651 $9,844,285,780 $9,841,778,282
TOTAL PUBLIC FUNDS
$9,843,450,651 $9,844,285,780 $9,841,778,282
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, MARCH 10, 2016
2361
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$10,223,960 $10,223,960 $10,223,960
158.1 Increase funds for a 3% salary adjustment effective July 1, 2016.
State General Funds
158.2 Increase funds for personnel for Positive Behavioral Intervention Supports (PBIS) trainers.
State General Funds
$10,223,960 $10,223,960 $10,223,960
$286,073
$250,000
$10,223,960 $10,223,960 $10,223,960
$286,073
$300,000
158.100-Regional Education Service Agencies
Appropriation (HB 751)
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
$10,223,960 $10,760,033 $10,810,033
State General Funds
$10,223,960 $10,760,033 $10,810,033
TOTAL PUBLIC FUNDS
$10,223,960 $10,760,033 $10,810,033
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
$8,797,519 $8,797,519 $9,227,301 $9,227,301 $18,024,820
$8,797,519 $8,797,519 $9,227,301 $9,227,301 $18,024,820
$8,797,519 $8,797,519 $9,227,301 $9,227,301 $18,024,820
159.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$179,157
$179,157
$179,157
159.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$5,146
$0
$2,976
2362
JOURNAL OF THE HOUSE
159.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($9,760)
($9,760)
($9,760)
159.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$747
$747
$747
159.5 Increase funds for training, professional development, and support for corps members in Teach for America. (S:Increase funds for training for corps members in Teach for America)
State General Funds
$406,330
$406,330
$125,000
159.100 -School Improvement
Appropriation (HB 751)
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
$9,379,139
$9,373,993
$9,095,639
State General Funds
$9,379,139
$9,373,993
$9,095,639
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
$18,606,440 $18,601,294 $18,322,940
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 $3,229,392 $3,229,392 $3,229,392 $3,229,392
$0 $0 $3,229,392 $3,229,392 $3,229,392 $3,229,392
$0 $0 $3,229,392 $3,229,392 $3,229,392 $3,229,392
THURSDAY, MARCH 10, 2016
2363
160.100 -State Charter School Commission Administration
Appropriation (HB 751)
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
$3,229,392 $3,229,392 $3,229,392 $3,229,392
$3,229,392 $3,229,392 $3,229,392 $3,229,392
$3,229,392 $3,229,392 $3,229,392 $3,229,392
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
161.1 Transfer funds from the State Interagency Transfers program to the Quality Basic Education program for special education in state institutions.
State General Funds
($2,539,213) ($2,539,213) ($2,539,213)
161.2 Transfer funds for the employer share of the Teachers Retirement System of Georgia for non-certificated managers and supervisors from the State Interagency Transfers program to the Quality Basic Education program.
State General Funds
($5,558,750) ($5,558,750) ($5,558,750)
161.3 Transfer funds from the State Interagency Transfers program to the Technology/Career Education program for vocational education at the Technical College System of Georgia.
Federal Funds Not Itemized
($22,847,100) ($22,847,100) ($22,847,100)
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.
2364
JOURNAL OF THE HOUSE
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
$26,447,967 $26,447,967
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $28,269,036
$26,447,967 $26,447,967
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $28,269,036
$26,447,967 $26,447,967
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $28,269,036
162.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$680,839
$680,839
$680,839
162.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$38,050
$0
$22,005
162.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($72,168)
($72,168)
($72,168)
162.4 Increase funds for training and experience.
State General Funds
$203,402
$203,402
$203,402
162.5 Increase funds for differentiated pay for newly certified math and science teachers.
State General Funds
$12,878
$12,878
$12,878
162.100 -State Schools
Appropriation (HB 751)
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
$27,310,968 $27,272,918 $27,294,923
State General Funds
$27,310,968 $27,272,918 $27,294,923
TOTAL FEDERAL FUNDS
$863,480
$863,480
$863,480
THURSDAY, MARCH 10, 2016
2365
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 $29,132,037
$843,850 $19,630
$957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $29,093,987
$843,850 $19,630
$957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $29,115,992
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
$17,002,426 $17,002,426 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $41,729,221
$17,002,426 $17,002,426 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $41,729,221
$17,002,426 $17,002,426 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $41,729,221
163.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$41,376
$41,376
$41,376
163.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,368
$0
$791
163.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($2,595)
($2,595)
($2,595)
163.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$2,239
$2,239
$2,239
2366
JOURNAL OF THE HOUSE
163.5 Increase funds for vocational industry certification.
State General Funds
$74,051
$74,051
$74,051
163.6 Transfer funds from the State Interagency Transfers program to the Technology/Career Education program for vocational education at the Technical College System of Georgia.
Federal Funds Not Itemized
$22,847,100 $22,847,100 $22,847,100
163.7 Increase funds for a 3% salary adjustment effective July 1, 2016.
State General Funds
$371,499
$371,499
163.8 Increase funds for Career, Technical, and Agricultural Education equipment grants to local school systems.
State General Funds
$3,500,000
163.100-Technology/Career Education
Appropriation (HB 751)
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
$17,118,865 $17,488,996 $20,989,787
State General Funds
$17,118,865 $17,488,996 $20,989,787
TOTAL FEDERAL FUNDS
$42,794,871 $42,794,871 $42,794,871
Federal Funds Not Itemized
$42,794,871 $42,794,871 $42,794,871
TOTAL AGENCY FUNDS
$4,779,024
$4,779,024
$4,779,024
Intergovernmental Transfers
$4,779,024
$4,779,024
$4,779,024
Intergovernmental Transfers Not Itemized
$4,779,024
$4,779,024
$4,779,024
TOTAL PUBLIC FUNDS
$64,692,760 $65,062,891 $68,563,682
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
$26,656,506 $26,656,506 $19,351,801 $19,351,801 $46,008,307
$26,656,506 $26,656,506 $19,351,801 $19,351,801 $46,008,307
$26,656,506 $26,656,506 $19,351,801 $19,351,801 $46,008,307
THURSDAY, MARCH 10, 2016
2367
164.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$62,793
$62,793
$62,793
164.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,085
$0
$1,206
164.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($3,954)
($3,954)
($3,954)
164.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$2,708
$2,708
$2,708
164.100 -Testing
Appropriation (HB 751)
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
$26,720,138 $26,718,053 $26,719,259
State General Funds
$26,720,138 $26,718,053 $26,719,259
TOTAL FEDERAL FUNDS
$19,351,801 $19,351,801 $19,351,801
Federal Funds Not Itemized
$19,351,801 $19,351,801 $19,351,801
TOTAL PUBLIC FUNDS
$46,071,939 $46,069,854 $46,071,060
Tuition for Multiple Disability Students
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
165.98 Change the name of the Tuition for Multi-Handicapped program to the Tuition for Multiple Disability Students program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
165.99 SAC: 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-disabled student.
2368
JOURNAL OF THE HOUSE
House: 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-disabled student. Governor: 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-disabled student.
State General Funds
$0
$0
$0
165.100 -Tuition for Multiple Disability Students
Appropriation (HB 751)
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-disabled 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.
Section 25: 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
$30,579,930 $30,579,930
$30,579,930 $30,579,930
$4,456,129
$4,456,129
$4,456,129
$4,456,129
$4,456,129
$4,456,129
$20,709,689 $20,709,689
$20,709,689 $20,709,689
$20,709,689 $20,709,689
$55,745,748 $55,745,748
$30,579,930 $30,579,930
$4,456,129 $4,456,129 $4,456,129 $20,709,689 $20,709,689 $20,709,689 $55,745,748
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
Section Total - Final
$28,305,275 $28,305,275
$4,856,129 $4,856,129
$28,305,275 $28,305,275
$4,856,129 $4,856,129
$28,305,275 $28,305,275
$4,856,129 $4,856,129
THURSDAY, MARCH 10, 2016
2369
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
$4,856,129 $20,481,689 $20,481,689 $20,481,689 $53,643,093
$4,856,129 $20,481,689 $20,481,689 $20,481,689 $53,643,093
$4,856,129 $20,481,689 $20,481,689 $20,481,689 $53,643,093
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
166.1 Increase funds for contracts.
Sales and Services Not Itemized
$0 $0 $4,456,129 $4,456,129 $4,456,129 $4,456,129
$0 $0 $4,456,129 $4,456,129 $4,456,129 $4,456,129
$0 $0 $4,456,129 $4,456,129 $4,456,129 $4,456,129
$400,000
$400,000
$400,000
166.100-Deferred Compensation
Appropriation (HB 751)
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
$4,856,129 $4,856,129 $4,856,129 $4,856,129
$4,856,129 $4,856,129 $4,856,129 $4,856,129
$4,856,129 $4,856,129 $4,856,129 $4,856,129
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.
2370
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,989,530 $1,989,530 $1,989,530
$1,989,530 $1,989,530 $1,989,530
$1,989,530 $1,989,530 $1,989,530
167.1 Increase funds for the actuarially determined employer contribution in accordance with the most recent actuarial report.
State General Funds
$28,345
$28,345
$28,345
167.100-Georgia Military Pension Fund
Appropriation (HB 751)
The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.
TOTAL STATE FUNDS
$2,017,875
$2,017,875
$2,017,875
State General Funds
$2,017,875
$2,017,875
$2,017,875
TOTAL PUBLIC FUNDS
$2,017,875
$2,017,875
$2,017,875
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
$28,580,000 $28,580,000 $28,580,000
$28,580,000 $28,580,000 $28,580,000
$28,580,000 $28,580,000 $28,580,000
168.1 Reduce funds for the actuarially determined employer contribution in accordance with the most recent actuarial report.
State General Funds
($2,303,000) ($2,303,000) ($2,303,000)
168.2 Encourage the Public School Employees Retirement System's Board of Trustees to consider a 3% benefit adjustment for retirees. (H:YES)(S:YES; Encourage the Public School Employees Retirement System's Board of Trustees to consider a one-time 3% benefit adjustment for retirees)
State General Funds
$0
$0
168.100 -Public School Employees Retirement System
Appropriation (HB 751)
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
$26,277,000 $26,277,000 $26,277,000
State General Funds
$26,277,000 $26,277,000 $26,277,000
TOTAL PUBLIC FUNDS
$26,277,000 $26,277,000 $26,277,000
THURSDAY, MARCH 10, 2016
2371
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
$10,400 $10,400 $20,709,689 $20,709,689 $20,709,689 $20,720,089
$10,400 $10,400 $20,709,689 $20,709,689 $20,709,689 $20,720,089
$10,400 $10,400 $20,709,689 $20,709,689 $20,709,689 $20,720,089
169.1 Eliminate funds for one-time funding used in FY2016 for a network update project.
Retirement Payments
($240,000)
($240,000)
($240,000)
169.2 Increase funds for contracts.
Retirement Payments
$12,000
$12,000
$12,000
169.3 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees (Total Funds: $3,499,963). (H:YES)(S:Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees based on the age, income, and disability recommendations stated in the "Model Framework for the Annual Consideration of COLA Adjustments" of the ERS Board)
State General Funds
$0
$0
169.100-System Administration
Appropriation (HB 751)
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
$20,481,689 $20,481,689 $20,481,689
State Funds Transfers
$20,481,689 $20,481,689 $20,481,689
Retirement Payments
$20,481,689 $20,481,689 $20,481,689
TOTAL PUBLIC FUNDS
$20,492,089 $20,492,089 $20,492,089
2372
JOURNAL OF THE HOUSE
It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 24.88% for New Plan employees and 20.13% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 21.85% 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 $727.97 per member for State Fiscal Year 2017.
Section 26: 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
$35,311,295 $35,311,295
$35,311,295 $35,311,295
$5,982,769
$5,982,769
$5,982,769
$5,982,769
$6,941,687
$6,941,687
$187,000
$187,000
$187,000
$187,000
$33,000
$33,000
$33,000
$33,000
$6,721,687
$6,721,687
$6,721,687
$6,721,687
$210,500
$210,500
$210,500
$210,500
$210,500
$210,500
$48,446,251 $48,446,251
$35,311,295 $35,311,295
$5,982,769 $5,982,769 $6,941,687
$187,000 $187,000
$33,000 $33,000 $6,721,687 $6,721,687 $210,500 $210,500 $210,500 $48,446,251
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
Section Total - Final
$36,251,241 $36,251,241
$5,982,769 $5,982,769 $6,941,687
$187,000 $187,000
$33,000
$36,253,012 $36,253,012
$5,982,769 $5,982,769 $6,941,687
$187,000 $187,000
$33,000
$36,253,374 $36,253,374
$5,982,769 $5,982,769 $6,941,687
$187,000 $187,000
$33,000
THURSDAY, MARCH 10, 2016
2373
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
$33,000 $6,721,687 $6,721,687
$210,500 $210,500 $210,500 $49,386,197
$33,000 $6,721,687 $6,721,687
$210,500 $210,500 $210,500 $49,387,968
$33,000 $6,721,687 $6,721,687
$210,500 $210,500 $210,500 $49,388,330
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
$3,477,646 $3,477,646
$48,800 $48,800 $182,780 $182,780 $182,780 $3,709,226
$3,477,646 $3,477,646
$48,800 $48,800 $182,780 $182,780 $182,780 $3,709,226
$3,477,646 $3,477,646
$48,800 $48,800 $182,780 $182,780 $182,780 $3,709,226
170.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$71,103
$71,103
$71,103
170.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,688
$0
$489
170.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$6,142
$6,142
$6,142
170.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$6,827
$6,827
$6,827
2374
JOURNAL OF THE HOUSE
170.5 Transfer two Geographic Information System (GIS) positions and associated funds from the Forest Management program ($84,328) and the Forest Protection program ($77,411) to the Commission Administration program.
State General Funds
$161,739
$161,739
$161,739
170.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$22,187
$16,640
170.7 Establish a new contract with the OneGeorgia Authority for $450,000 for the reading, maintenance, and management of all aspects of the Agricultural Water Metering Program. (H:YES)(S:NO)
State General Funds
$0
$0
170.100-Commission Administration
Appropriation (HB 751)
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
$3,725,145
$3,745,644
$3,740,586
State General Funds
$3,725,145
$3,745,644
$3,740,586
TOTAL FEDERAL FUNDS
$48,800
$48,800
$48,800
Federal Funds Not Itemized
$48,800
$48,800
$48,800
TOTAL AGENCY FUNDS
$182,780
$182,780
$182,780
Sales and Services
$182,780
$182,780
$182,780
Sales and Services Not Itemized
$182,780
$182,780
$182,780
TOTAL PUBLIC FUNDS
$3,956,725
$3,977,224
$3,972,166
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
$2,861,831 $2,861,831
$2,861,831 $2,861,831
$2,861,831 $2,861,831
THURSDAY, MARCH 10, 2016
2375
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
$3,553,571 $3,553,571
$950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,555,134
$3,553,571 $3,553,571
$950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,555,134
$3,553,571 $3,553,571
$950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,555,134
171.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$69,437
$69,437
$69,437
171.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,649
$0
$477
171.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$2,640
$2,640
$2,640
171.4 Transfer one GIS position and associated funds from the Forest Management program to the Commission Administration program.
State General Funds
($84,328)
($84,328)
($84,328)
171.99 SAC: 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 fire suppression assistance to the Forest Protection program. House: 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
2376
JOURNAL OF THE HOUSE
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 fire suppression assistance to the Forest Protection program. Governor: 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 fire suppression assistance to the Forest Protection program.
State General Funds
$0
$0
$0
171.100-Forest Management
Appropriation (HB 751)
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 fire suppression assistance to the Forest Protection program.
TOTAL STATE FUNDS
$2,851,229
$2,849,580
$2,850,057
State General Funds
$2,851,229
$2,849,580
$2,850,057
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
$7,544,532
$7,542,883
$7,543,360
THURSDAY, MARCH 10, 2016
2377
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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$28,971,818 $28,971,818
$2,246,681 $2,246,681 $4,741,312
$33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $35,974,811
$28,971,818 $28,971,818
$2,246,681 $2,246,681 $4,741,312
$33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $35,974,811
$28,971,818 $28,971,818
$2,246,681 $2,246,681 $4,741,312
$33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $35,974,811
172.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$719,369
$719,369
$719,369
172.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$17,079
$0
$4,943
172.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$44,012
$44,012
$44,012
172.4 Transfer one GIS position and associated funds from the Forest Protection program to the Commission Administration program.
State General Funds
($77,411)
($77,411)
($77,411)
2378
JOURNAL OF THE HOUSE
172.100 -Forest Protection
Appropriation (HB 751)
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
$29,674,867 $29,657,788 $29,662,731
State General Funds
$29,674,867 $29,657,788 $29,662,731
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
$36,677,860 $36,660,781 $36,665,724
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
$0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500
$0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500
$0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500
THURSDAY, MARCH 10, 2016
2379
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$6,500 $6,500 $1,207,080
$6,500 $6,500 $1,207,080
$6,500 $6,500 $1,207,080
173.100 -Tree Seedling Nursery
Appropriation (HB 751)
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
Section 27: 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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
Section Total - Continuation
$58,303,356 $58,303,356
$58,303,356 $58,303,356
$30,120,112 $30,120,112
$30,120,112 $30,120,112
$761,031
$761,031
$500,000
$500,000
$500,000
$500,000
$100,000
$100,000
$100,000
$100,000
$161,031
$161,031
$161,031
$161,031
$147,325
$147,325
$147,325
$147,325
$58,303,356 $58,303,356 $30,120,112 $30,120,112
$761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325
2380
JOURNAL OF THE HOUSE
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$147,325 $89,331,824
$147,325 $89,331,824
$147,325 $89,331,824
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
TOTAL PUBLIC FUNDS
Section Total - Final
$58,162,411 $58,162,411 $30,120,112 $30,120,112
$761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $89,190,879
$58,153,263 $58,153,263 $30,120,112 $30,120,112
$761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $89,181,731
$58,626,786 $58,626,786 $30,120,112 $30,120,112
$761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $89,655,254
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
174.100-Governor's Emergency Fund
Appropriation (HB 751)
The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on
government.
THURSDAY, MARCH 10, 2016
2381
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
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
$6,504,848 $6,504,848
$100,000 $100,000 $100,000 $6,604,848
$6,504,848 $6,504,848
$100,000 $100,000 $100,000 $6,604,848
$6,504,848 $6,504,848
$100,000 $100,000 $100,000 $6,604,848
175.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$148,647
$148,647
$148,647
175.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$9,304
$0
$6,796
175.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($13,680)
($13,680)
($13,680)
175.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$4,177
$3,133
175.100 -Governor's Office
Appropriation (HB 751)
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
$6,649,119
$6,643,992
$6,649,744
State General Funds
$6,649,119
$6,643,992
$6,649,744
2382
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$100,000 $100,000 $100,000 $6,749,119
$100,000 $100,000 $100,000 $6,743,992
$100,000 $100,000 $100,000 $6,749,744
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
$8,568,626 $8,568,626 $8,568,626
$8,568,626 $8,568,626 $8,568,626
$8,568,626 $8,568,626 $8,568,626
176.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$167,611
$167,611
$167,611
176.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$7,437
$0
$4,609
176.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$14,144
$14,144
$14,144
176.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($17,038)
($17,038)
($17,038)
176.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$6,543
$6,543
$6,543
176.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$4,868
$3,651
176.100 -Planning and Budget, Governor's Office of
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2383
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$8,747,323 $8,747,323 $8,747,323
$8,744,754 $8,744,754 $8,744,754
$8,748,146 $8,748,146 $8,748,146
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
$981,295 $981,295
$5,000 $5,000 $986,295
$981,295 $981,295
$5,000 $5,000 $986,295
$981,295 $981,295
$5,000 $5,000 $986,295
177.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$22,517
$22,517
$22,517
177.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,409
$0
$1,029
177.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($1,127)
($1,127)
($1,127)
177.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$677
$508
177.100 -Child Advocate, Office of the
Appropriation (HB 751)
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
$1,004,094
$1,003,362
$1,004,222
State General Funds
$1,004,094
$1,003,362
$1,004,222
TOTAL FEDERAL FUNDS
$5,000
$5,000
$5,000
Federal Funds Not Itemized
$5,000
$5,000
$5,000
TOTAL PUBLIC FUNDS
$1,009,094
$1,008,362
$1,009,222
2384
JOURNAL OF THE HOUSE
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 PUBLIC FUNDS
$824,505 $824,505 $824,505
$824,505 $824,505 $824,505
$824,505 $824,505 $824,505
178.98 Transfer funds for supporting Georgia's children and families from the Governor's Office for Children and Families program to the Office for Children and Families program in the Department of Public Health.
State General 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
$2,534,416 $2,534,416 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $33,045,454
$2,534,416 $2,534,416 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $33,045,454
$2,534,416 $2,534,416 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $33,045,454
179.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$39,162
$39,162
$39,162
THURSDAY, MARCH 10, 2016
2385
179.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,025
$0
$364
179.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($2,299)
($2,299)
($2,299)
179.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$1,535
$1,151
179.5 Pursuant to SB416 (2016 Session), increase funds for personnel to add two new analysts to work in the Georgia Information Sharing and Analysis Center to provide for Homeland Security Activity and cyber terrorism intelligence for the prevention and discovery of terrorist threats or attacks.
State General Funds
$209,122
179.100 -Emergency Management Agency, Georgia
Appropriation (HB 751)
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
$2,572,304
$2,572,814
$2,781,916
State General Funds
$2,572,304
$2,572,814
$2,781,916
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
$33,083,342 $33,083,852 $33,292,954
2386
JOURNAL OF THE HOUSE
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
$695,777 $695,777 $695,777
$695,777 $695,777 $695,777
$695,777 $695,777 $695,777
180.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$15,932
$15,932
$15,932
180.2 Reduce funds to reflect an adjustment in merit system assessments.
State General Funds
($463)
$0
($732)
180.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($22,100)
($22,100)
($22,100)
180.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$478
$359
180.100-Equal Opportunity, Georgia Commission on
Appropriation (HB 751)
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
$689,146
$690,087
$689,236
State General Funds
$689,146
$690,087
$689,236
TOTAL PUBLIC FUNDS
$689,146
$690,087
$689,236
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
$6,887,089 $6,887,089
$411,930
$6,887,089 $6,887,089
$411,930
$6,887,089 $6,887,089
$411,930
THURSDAY, MARCH 10, 2016
2387
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$411,930 $500 $500 $500
$7,299,519
$411,930 $500 $500 $500
$7,299,519
$411,930 $500 $500 $500
$7,299,519
181.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$167,199
$167,199
$167,199
181.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$5,971
$0
$3,150
181.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($7,587)
($7,587)
($7,587)
181.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$4,548
$3,411
181.100-Professional Standards Commission, Georgia
Appropriation (HB 751)
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
$7,052,672
$7,051,249
$7,053,262
State General Funds
$7,052,672
$7,051,249
$7,053,262
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
$7,465,102
$7,463,679
$7,465,692
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.
2388
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$670,679 $670,679 $670,679
$670,679 $670,679 $670,679
$670,679 $670,679 $670,679
182.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$16,799
$16,799
$16,799
182.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$683
$0
$400
182.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$176
$176
$176
182.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$492
$369
182.100 -Office of the State Inspector General
Appropriation (HB 751)
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
$688,337
$688,146
$688,423
State General Funds
$688,337
$688,146
$688,423
TOTAL PUBLIC FUNDS
$688,337
$688,146
$688,423
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
$19,574,080 $19,574,080 $19,574,080
$19,574,080 $19,574,080 $19,574,080
$19,574,080 $19,574,080 $19,574,080
183.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$116,178
$116,178
$116,178
THURSDAY, MARCH 10, 2016
2389
183.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,785
$0
$3,785
183.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$3,332
$3,332
$3,332
183.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$3,228
$2,421
183.5 Utilize Innovation Grant funds ($500,000) to provide grants to local school systems to increase participation and achievement in AP STEAM courses. (H:YES)(S:Increase funds to provide grants to rural school systems to increase participation and achievement in AP STEM courses)
State General Funds
$0
$250,000
183.100 -Student Achievement, Office of
Appropriation (HB 751)
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
$19,697,375 $19,696,818 $19,949,796
State General Funds
$19,697,375 $19,696,818 $19,949,796
TOTAL PUBLIC FUNDS
$19,697,375 $19,696,818 $19,949,796
The Mansion allowance shall be $40,000.
Section 28: Human Services, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND CCDF Mandatory & Matching Funds CFDA93.596 FFIND Child Care and Development Block Grant CFDA93.575
Section Total - Continuation
$555,998,208 $555,998,208 $555,998,208
$549,806,402 $549,806,402 $549,806,402
$6,191,806
$6,191,806
$6,191,806
$1,129,154,540 $1,129,154,540 $1,129,154,540
$470,089,451 $470,089,451 $470,089,451
$209,161
$209,161
$209,161
$12,198,555 $12,198,555 $12,198,555
2390
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 FFIND 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 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 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$16,735,414 $77,298,870 $56,629,642 $75,870,369
$25,838 $52,776,023 $367,321,217 $359,672,148
$7,649,069 $28,668,876
$46,500 $46,500 $465,286 $465,286 $1,500,000 $1,500,000 $26,657,090 $26,657,090 $2,682,638 $1,872,638 $1,872,638 $810,000 $810,000 $1,716,504,262
$16,735,414 $77,298,870 $56,629,642 $75,870,369
$25,838 $52,776,023 $367,321,217 $359,672,148
$7,649,069 $28,668,876
$46,500 $46,500 $465,286 $465,286 $1,500,000 $1,500,000 $26,657,090 $26,657,090 $2,682,638 $1,872,638 $1,872,638 $810,000 $810,000 $1,716,504,262
$16,735,414 $77,298,870 $56,629,642 $75,870,369
$25,838 $52,776,023 $367,321,217 $359,672,148
$7,649,069 $28,668,876
$46,500 $46,500 $465,286 $465,286 $1,500,000 $1,500,000 $26,657,090 $26,657,090 $2,682,638 $1,872,638 $1,872,638 $810,000 $810,000 $1,716,504,262
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND CCDF Mandatory & Matching Funds CFDA93.596 FFIND Child Care and Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569
Section Total - Final
$633,879,638 $633,879,638 $1,102,177,888 $474,221,293
$209,161 $12,198,555 $16,735,414
$641,514,300 $641,514,300 $1,102,177,888 $474,221,293
$209,161 $12,198,555 $16,735,414
$642,362,753 $642,362,753 $1,102,177,888 $474,221,293
$209,161 $12,198,555 $16,735,414
THURSDAY, MARCH 10, 2016
2391
Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 FFIND 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 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 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$91,875,031 $56,629,642 $66,765,192
$25,838 $52,776,023 $330,741,739 $323,092,670
$7,649,069 $28,668,876
$46,500 $46,500 $465,286 $465,286 $1,500,000 $1,500,000 $26,657,090 $26,657,090 $2,682,638 $1,872,638 $1,872,638 $810,000 $810,000 $1,767,409,040
$91,875,031 $56,629,642 $66,765,192
$25,838 $52,776,023 $330,741,739 $323,092,670
$7,649,069 $28,668,876
$46,500 $46,500 $465,286 $465,286 $1,500,000 $1,500,000 $26,657,090 $26,657,090 $2,682,638 $1,872,638 $1,872,638 $810,000 $810,000 $1,775,043,702
$91,875,031 $56,629,642 $66,765,192
$25,838 $52,776,023 $330,741,739 $323,092,670
$7,649,069 $28,668,876
$46,500 $46,500 $465,286 $465,286 $1,500,000 $1,500,000 $26,657,090 $26,657,090 $2,682,638 $1,872,638 $1,872,638 $810,000 $810,000 $1,775,892,155
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
$33,722,357 $33,722,357 $57,429,877 $41,029,877 $16,400,000
$33,722,357 $33,722,357 $57,429,877 $41,029,877 $16,400,000
$33,722,357 $33,722,357 $57,429,877 $41,029,877 $16,400,000
2392
JOURNAL OF THE HOUSE
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$16,400,000 $46,500 $46,500 $46,500
$91,198,734
$16,400,000 $46,500 $46,500 $46,500
$91,198,734
$16,400,000 $46,500 $46,500 $46,500
$91,198,734
184.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$172,177
$172,177
$172,177
184.2 Reduce funds to reflect an adjustment in merit system assessments. (S:Increase funds to reflect an adjustment in merit system assessments)
State General Funds
($2,967)
$0
$1,816
184.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($90,868)
($90,868)
($90,868)
184.4 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) from 67.55% to 67.89%.
State General Funds Federal Funds Not Itemized Total Public Funds:
($221,208) $221,208
$0
($221,208) $221,208
$0
($221,208) $221,208
$0
184.100 -Adoptions Services
Appropriation (HB 751)
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
$33,579,491 $33,582,458 $33,584,274
State General Funds
$33,579,491 $33,582,458 $33,584,274
TOTAL FEDERAL FUNDS
$57,651,085 $57,651,085 $57,651,085
Federal Funds Not Itemized
$41,251,085 $41,251,085 $41,251,085
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
$91,277,076 $91,280,043 $91,281,859
THURSDAY, MARCH 10, 2016
2393
After School Care
Continuation Budget
The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort
funds.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS
$0 $0 $15,500,000 $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
185.100 -After School Care
Appropriation (HB 751)
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
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
$1,275,033 $1,275,033 $14,589,595 $11,516,925 $3,072,670 $3,072,670 $15,864,628
$1,275,033 $1,275,033 $14,589,595 $11,516,925 $3,072,670 $3,072,670 $15,864,628
$1,275,033 $1,275,033 $14,589,595 $11,516,925 $3,072,670 $3,072,670 $15,864,628
186.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$5,482
$5,482
$5,482
2394
JOURNAL OF THE HOUSE
186.2 Reduce funds to reflect an adjustment in merit system assessments. (S:Increase funds to reflect an adjustment in merit system assessments)
State General Funds
($153)
$0
$94
186.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($3,757)
($3,757)
($3,757)
186.4 Transfer the Maternal and Infant Early Childhood Home Visitation (MIECHV) grant funds from the Child Abuse and Neglect Prevention program to the Infant and Child Essential Health Treatment Services program in the Department of Public Health for home visiting services.
Federal Funds Not Itemized
($1,089,366) ($1,089,366) ($1,089,366)
186.100 -Child Abuse and Neglect Prevention
Appropriation (HB 751)
The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse.
TOTAL STATE FUNDS
$1,276,605
$1,276,758
$1,276,852
State General Funds
$1,276,605
$1,276,758
$1,276,852
TOTAL FEDERAL FUNDS
$13,500,229 $13,500,229 $13,500,229
Federal Funds Not Itemized
$10,427,559 $10,427,559 $10,427,559
Temporary Assistance for Needy Families
$3,072,670
$3,072,670
$3,072,670
Temporary Assistance for Needy Families Grant CFDA93.558
$3,072,670
$3,072,670
$3,072,670
TOTAL PUBLIC FUNDS
$14,776,834 $14,776,987 $14,777,081
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
THURSDAY, MARCH 10, 2016
2395
187.100 -Child Care Services
Appropriation (HB 751)
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
$28,819,045 $28,819,045 $76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $108,462,059
$28,819,045 $28,819,045 $76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $108,462,059
$28,819,045 $28,819,045 $76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $108,462,059
188.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$144,222
$144,222
$144,222
188.2 Reduce funds to reflect an adjustment in merit system assessments. (S:Increase funds to reflect an adjustment in merit system assessments)
State General Funds
($2,195)
$0
$1,344
188.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($87,979)
($87,979)
($87,979)
2396
JOURNAL OF THE HOUSE
188.4 Increase funds for 10 parent accountability court coordinators positions. State General Funds
$247,267
$247,267
188.100 -Child Support Services
Appropriation (HB 751)
The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.
TOTAL STATE FUNDS
$28,873,093 $29,122,555 $29,123,899
State General Funds
$28,873,093 $29,122,555 $29,123,899
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
$108,516,107 $108,765,569 $108,766,913
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 FFIND Child Care and Development Block Grant CFDA93.575 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
$141,978,657 $141,978,657 $174,220,463 $26,906,318
$81,060 $29,011,535
$240,261 $2,844,537 $115,136,752 $107,487,683 $7,649,069
$141,978,657 $141,978,657 $174,220,463 $26,906,318
$81,060 $29,011,535
$240,261 $2,844,537 $115,136,752 $107,487,683 $7,649,069
$141,978,657 $141,978,657 $174,220,463 $26,906,318
$81,060 $29,011,535
$240,261 $2,844,537 $115,136,752 $107,487,683 $7,649,069
THURSDAY, MARCH 10, 2016
2397
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$122,788 $122,788 $122,788 $316,321,908
$122,788 $122,788 $122,788 $316,321,908
$122,788 $122,788 $122,788 $316,321,908
189.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$5,274,491
$5,274,491
$5,274,491
189.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$170,092
$0
$209,482
189.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$1,033,486
$1,033,486
$1,033,486
189.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$63,279
$63,279
$63,279
189.5 Increase funds for personnel for 175 additional child protective caseworkers.
State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds:
$7,367,120 $1,473,424 $8,840,544
$7,367,120 $1,473,424 $8,840,544
$7,367,120 $1,473,424 $8,840,544
189.6 Increase funds for 10 additional kinship navigators.
State General Funds
$584,049
$584,049
$584,049
189.7 Transfer TANF funds from the Out-of-Home Care program to the Child Welfare Services program to reflect projected expenditures.
Temporary Assistance for Needy Families Grant CFDA93.558
$49,339,792 $49,339,792 $49,339,792
189.8 Reduce funds to align budget with the Temporary Assistance for Needy Families Block Grant (TANF) notice of award.
Temporary Assistance for Needy Families Grant CFDA93.558
($36,579,478) ($36,579,478) ($36,579,478)
189.9 Increase funds to the Court Appointed Special Advocates (CASA) to enhance state-wide capacity for the program.
State General Funds
$500,000
$750,000
189.10 Increase funds to the Division of Family and Children Services (DFCS) Special Assistant Attorney Generals (SAAGs) for a $5 per hour increase.
State General Funds
$1,500,000
2398
JOURNAL OF THE HOUSE
189.100 -Child Welfare Services
Appropriation (HB 751)
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
$156,471,174 $156,801,082 $158,760,564
State General Funds
$156,471,174 $156,801,082 $158,760,564
TOTAL FEDERAL FUNDS
$188,454,201 $188,454,201 $188,454,201
Federal Funds Not Itemized
$26,906,318 $26,906,318 $26,906,318
FFIND Child Care and Development Block Grant CFDA93.575
$81,060
$81,060
$81,060
Foster Care Title IV-E CFDA93.658
$30,484,959 $30,484,959 $30,484,959
Medical Assistance Program CFDA93.778
$240,261
$240,261
$240,261
Social Services Block Grant CFDA93.667
$2,844,537
$2,844,537
$2,844,537
Temporary Assistance for Needy Families
$127,897,066 $127,897,066 $127,897,066
Temporary Assistance for Needy Families Grant CFDA93.558
$120,247,997 $120,247,997 $120,247,997
TANF Transfers to Social Services Block Grant per 42 USC 604
$7,649,069
$7,649,069
$7,649,069
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$122,788
$122,788
$122,788
State Funds Transfers
$122,788
$122,788
$122,788
Agency to Agency Contracts
$122,788
$122,788
$122,788
TOTAL PUBLIC FUNDS
$345,048,163 $345,378,071 $347,337,553
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
190.100-Community Services
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2399
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 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 FFIND 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$36,133,992 $36,133,992 $51,697,276 $29,566,809
$209,161 $1,567,593
$403,981 $4,241,528
$674,420 $4,062,010
$25,838 $2,539,375 $8,406,561 $8,406,561 $12,828,542 $1,500,000 $1,500,000 $11,328,542 $11,328,542 $100,659,810
$36,133,992 $36,133,992 $51,697,276 $29,566,809
$209,161 $1,567,593
$403,981 $4,241,528
$674,420 $4,062,010
$25,838 $2,539,375 $8,406,561 $8,406,561 $12,828,542 $1,500,000 $1,500,000 $11,328,542 $11,328,542 $100,659,810
$36,133,992 $36,133,992 $51,697,276 $29,566,809
$209,161 $1,567,593
$403,981 $4,241,528
$674,420 $4,062,010
$25,838 $2,539,375 $8,406,561 $8,406,561 $12,828,542 $1,500,000 $1,500,000 $11,328,542 $11,328,542 $100,659,810
191.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$155,358
$155,358
$155,358
191.2 Reduce funds to reflect an adjustment in merit system assessments. (S:Increase funds to reflect an adjustment in merit system assessments)
State General Funds
($4,349)
$0
$2,662
2400
JOURNAL OF THE HOUSE
191.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($106,471)
($106,471)
($106,471)
191.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($6,021)
($6,021)
($6,021)
191.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$317,033
$237,775
191.6 Increase funds to the Division of Family and Children Services (DFCS) Special Assistant Attorney Generals (SAAGs) for a $5 per hour increase. (S:YES; Recognize funds in Child Welfare Services program within Department of Human Services)
State General Funds
$1,500,000
$0
191.100-Departmental Administration
Appropriation (HB 751)
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
$36,172,509 $37,993,891 $36,417,295
State General Funds
$36,172,509 $37,993,891 $36,417,295
TOTAL FEDERAL FUNDS
$51,697,276 $51,697,276 $51,697,276
Federal Funds Not Itemized
$29,566,809 $29,566,809 $29,566,809
FFIND CCDF Mandatory & Matching Funds CFDA93.596
$209,161
$209,161
$209,161
FFIND Child Care and Development Block Grant CFDA93.575
$1,567,593
$1,567,593
$1,567,593
Community Services Block Grant CFDA93.569
$403,981
$403,981
$403,981
Foster Care Title IV-E CFDA93.658
$4,241,528
$4,241,528
$4,241,528
Low-Income Home Energy Assistance CFDA93.568
$674,420
$674,420
$674,420
Medical Assistance Program CFDA93.778
$4,062,010
$4,062,010
$4,062,010
FFIND Medical Assistance Program CFDA93.778
$25,838
$25,838
$25,838
Social Services Block Grant CFDA93.667
$2,539,375
$2,539,375
$2,539,375
Temporary Assistance for Needy Families
$8,406,561
$8,406,561
$8,406,561
Temporary Assistance for Needy Families Grant CFDA93.558
$8,406,561
$8,406,561
$8,406,561
TOTAL AGENCY FUNDS
$12,828,542 $12,828,542 $12,828,542
Rebates, Refunds, and Reimbursements
$1,500,000
$1,500,000
$1,500,000
Rebates, Refunds, and Reimbursements Not Itemized
$1,500,000
$1,500,000
$1,500,000
THURSDAY, MARCH 10, 2016
2401
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$11,328,542 $11,328,542 $100,698,327
$11,328,542 $11,328,542 $102,519,709
$11,328,542 $11,328,542 $100,943,113
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
$16,664,077 $16,664,077
$3,123,433 $793,894 $50,000
$2,279,539 $19,787,510
$16,664,077 $16,664,077
$3,123,433 $793,894 $50,000
$2,279,539 $19,787,510
$16,664,077 $16,664,077
$3,123,433 $793,894 $50,000
$2,279,539 $19,787,510
192.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$71,648
$305,694
$305,694
192.2 Reduce funds to reflect an adjustment in merit system assessments. (S:Increase funds to reflect an adjustment in merit system assessments)
State General Funds
($2,005)
$0
$1,227
192.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($49,102)
($209,499)
($209,499)
192.4 Increase funds to cover adult protective services caseworkers added in FY2015 and FY2016.
State General Funds
$266,497
$266,497
$266,497
192.5 Increase funds to cover loss of federal revenues and operational costs.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$1,626,457 ($50,000)
$1,576,457
$1,626,457 ($50,000)
$1,576,457
$1,626,457 ($50,000)
$1,576,457
192.6 Increase funds for personnel for an additional 11 Adult Protective Services caseworkers.
State General Funds
$760,532
$760,532
$760,532
2402
JOURNAL OF THE HOUSE
192.100 -Elder Abuse Investigations and Prevention
Appropriation (HB 751)
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
$19,338,104 $19,413,758 $19,414,985
State General Funds
$19,338,104 $19,413,758 $19,414,985
TOTAL FEDERAL FUNDS
$3,073,433
$3,073,433
$3,073,433
Federal Funds Not Itemized
$793,894
$793,894
$793,894
Social Services Block Grant CFDA93.667
$2,279,539
$2,279,539
$2,279,539
TOTAL PUBLIC FUNDS
$22,411,537 $22,487,191 $22,488,418
Elder Community Living Services
Continuation Budget
The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own
communities.
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS
$71,099,477 $64,907,671
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $112,516,279
$71,099,477 $64,907,671
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $112,516,279
$71,099,477 $64,907,671
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $112,516,279
193.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$305,694
$8,523
$8,523
193.2 Reduce funds to reflect an adjustment in merit system assessments. (S:Increase funds to reflect an adjustment in merit system assessments)
State General Funds
($8,556)
$0
$5,237
193.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($209,499)
($5,841)
($5,841)
193.4 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) from 67.55% to 67.89%.
State General Funds
($570,699)
($570,699)
($570,699)
THURSDAY, MARCH 10, 2016
2403
193.5 Increase funds for 1,000 Non-Medicaid Home and Community Based Service slots.
State General Funds
$2,055,000
$2,055,000
$2,055,000
193.6 Increase funds to transition 125 seniors from nursing homes into community settings. (S:Increase funds to transition 167 seniors from nursing homes into community settings)
State General Funds
$750,000
$1,000,000
193.98 Transfer funds for the Community Care Services Program (CCSP) from the Elder Community Living Services program to the Medicaid: Aged, Blind and Disabled program in the Department of Community Health.
State General Funds Tobacco Settlement Funds Medical Assistance Program CFDA93.778 Total Public Funds:
($46,488,969) ($6,191,806) ($13,765,259) ($66,446,034)
($46,488,969) ($6,191,806) ($13,765,259) ($66,446,034)
($46,488,969) ($6,191,806) ($13,765,259) ($66,446,034)
193.100 -Elder Community Living Services
Appropriation (HB 751)
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
$19,990,642 $20,655,685 $20,910,922
State General Funds
$19,990,642 $20,655,685 $20,910,922
TOTAL FEDERAL FUNDS
$27,651,543 $27,651,543 $27,651,543
Federal Funds Not Itemized
$23,890,113 $23,890,113 $23,890,113
Social Services Block Grant CFDA93.667
$3,761,430
$3,761,430
$3,761,430
TOTAL PUBLIC FUNDS
$47,642,185 $48,307,228 $48,562,465
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
$3,628,538 $3,628,538 $6,616,268 $5,866,268
$750,000 $10,244,806
$3,628,538 $3,628,538 $6,616,268 $5,866,268
$750,000 $10,244,806
$3,628,538 $3,628,538 $6,616,268 $5,866,268
$750,000 $10,244,806
2404
JOURNAL OF THE HOUSE
194.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$15,601
$15,601
$15,601
194.2 Reduce funds to reflect an adjustment in merit system assessments. (S:Increase funds to reflect an adjustment in merit system assessments)
State General Funds
($437)
$0
$268
194.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($10,692)
($10,692)
($10,692)
194.4 Increase funds for Meals on Wheels and senior center nutrition programs.
State General Funds
$250,000
$500,000
194.100 -Elder Support Services
Appropriation (HB 751)
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
$3,633,010
$3,883,447
$4,133,715
State General Funds
$3,633,010
$3,883,447
$4,133,715
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
$10,249,278 $10,499,715 $10,749,983
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
195.100 -Energy Assistance
Appropriation (HB 751)
The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.
THURSDAY, MARCH 10, 2016
2405
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
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
$107,245,814 $107,245,814 $168,285,306 $83,874,192
$772,556 $221,296 $3,940,770 $635,195 $56,580,020 $22,261,277 $22,261,277 $275,531,120
$107,245,814 $107,245,814 $168,285,306 $83,874,192
$772,556 $221,296 $3,940,770 $635,195 $56,580,020 $22,261,277 $22,261,277 $275,531,120
$107,245,814 $107,245,814 $168,285,306 $83,874,192
$772,556 $221,296 $3,940,770 $635,195 $56,580,020 $22,261,277 $22,261,277 $275,531,120
196.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$4,776,002
$4,776,002
$4,776,002
196.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$160,230
$0
($98,082)
196.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$1,032,211
$1,032,211
$1,032,211
2406
JOURNAL OF THE HOUSE
196.4 Increase funds for personnel and operations to hire 180 additional eligibility caseworkers to avoid further federal penalties and sanctions.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$5,380,124 $4,710,082 $10,090,206
$5,380,124 $4,710,082 $10,090,206
$5,380,124 $4,710,082 $10,090,206
196.100 -Federal Eligibility Benefit Services
Appropriation (HB 751)
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
$118,594,381 $118,434,151 $118,336,069
State General Funds
$118,594,381 $118,434,151 $118,336,069
TOTAL FEDERAL FUNDS
$172,995,388 $172,995,388 $172,995,388
Federal Funds Not Itemized
$83,874,192 $83,874,192 $83,874,192
FFIND Child Care and Development Block Grant CFDA93.575
$772,556
$772,556
$772,556
Community Services Block Grant CFDA93.569
$221,296
$221,296
$221,296
Foster Care Title IV-E CFDA93.658
$3,940,770
$3,940,770
$3,940,770
Low-Income Home Energy Assistance CFDA93.568
$635,195
$635,195
$635,195
Medical Assistance Program CFDA93.778
$61,290,102 $61,290,102 $61,290,102
Temporary Assistance for Needy Families
$22,261,277 $22,261,277 $22,261,277
Temporary Assistance for Needy Families Grant CFDA93.558
$22,261,277 $22,261,277 $22,261,277
TOTAL PUBLIC FUNDS
$291,589,769 $291,429,539 $291,331,457
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
THURSDAY, MARCH 10, 2016
2407
197.100-Federal Fund Transfers to Other Agencies
Appropriation (HB 751)
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.
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
$81,687,918 $81,687,918 $137,907,950
$231,924 $39,485,774 $98,190,252 $98,190,252 $219,595,868
$81,687,918 $81,687,918 $137,907,950
$231,924 $39,485,774 $98,190,252 $98,190,252 $219,595,868
$81,687,918 $81,687,918 $137,907,950
$231,924 $39,485,774 $98,190,252 $98,190,252 $219,595,868
198.1 Increase funds to reflect growth in out-of-home placement.
State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds:
$51,482,167 $12,870,542 $64,352,709
$51,482,167 $12,870,542 $64,352,709
$51,482,167 $12,870,542 $64,352,709
198.2 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) from 67.55% to 67.89%.
State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds:
($232,195) $232,195
$0
($232,195) $232,195
$0
($232,195) $232,195
$0
198.3 Replace prior year Temporary Assistance for Needy Families (TANF) funds with state funds.
State General Funds
$49,339,792 $49,339,792 $49,339,792
2408
JOURNAL OF THE HOUSE
198.4 Transfer TANF funds from the Out-of-Home Care program to the Child Welfare Services program to reflect projected expenditures.
Temporary Assistance for Needy Families Grant CFDA93.558
($49,339,792) ($49,339,792) ($49,339,792)
198.5 Increase funds for a 1.5% provider rate increase for Child Caring Institutions, Child Placing Agencies, foster parents, and relatives.
State General Funds
$4,259,228
$4,259,228
198.100 -Out-of-Home Care
Appropriation (HB 751)
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
$182,277,682 $186,536,910 $186,536,910
State General Funds
$182,277,682 $186,536,910 $186,536,910
TOTAL FEDERAL FUNDS
$101,670,895 $101,670,895 $101,670,895
Federal Funds Not Itemized
$231,924
$231,924
$231,924
Foster Care Title IV-E CFDA93.658
$52,588,511 $52,588,511 $52,588,511
Temporary Assistance for Needy Families
$48,850,460 $48,850,460 $48,850,460
Temporary Assistance for Needy Families Grant CFDA93.558
$48,850,460 $48,850,460 $48,850,460
TOTAL PUBLIC FUNDS
$283,948,577 $288,207,805 $288,207,805
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
199.100 -Refugee Assistance
Appropriation (HB 751)
The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to
refugees.
THURSDAY, MARCH 10, 2016
2409
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 Foster Care Title IV-E CFDA93.658
TOTAL PUBLIC FUNDS
$1,638,040 $1,638,040
$619,263 $619,263 $2,257,303
$1,638,040 $1,638,040
$619,263 $619,263 $2,257,303
$1,638,040 $1,638,040
$619,263 $619,263 $2,257,303
200.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$7,043
$7,043
$7,043
200.2 Reduce funds to reflect an adjustment in merit system assessments. (S:Increase funds to reflect an adjustment in merit system assessments)
State General Funds
($198)
$0
$121
200.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($4,827)
($4,827)
($4,827)
200.100 -Residential Child Care Licensing
Appropriation (HB 751)
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
$1,640,058
$1,640,256
$1,640,377
State General Funds
$1,640,058
$1,640,256
$1,640,377
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
$2,259,321
$2,259,519
$2,259,640
2410
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
201.100-Support for Needy Families - Basic Assistance
Appropriation (HB 751)
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 $19,154,980 $2,600,815 $16,554,165 $16,554,165 $19,154,980
$0 $0 $19,154,980 $2,600,815 $16,554,165 $16,554,165 $19,154,980
$0 $0 $19,154,980 $2,600,815 $16,554,165 $16,554,165 $19,154,980
THURSDAY, MARCH 10, 2016
2411
202.1 Increase funds to provide the state match to implement the Supplemental Nutrition Assistance Program (SNAP) Employment and Training Grant.
State General Funds Federal Funds Not Itemized Total Public Funds:
$100,000 $5,000,000 $5,100,000
$100,000 $5,000,000 $5,100,000
$100,000 $5,000,000 $5,100,000
202.100-Support for Needy Families - Work Assistance
Appropriation (HB 751)
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
$100,000
$100,000
$100,000
State General Funds
$100,000
$100,000
$100,000
TOTAL FEDERAL FUNDS
$24,154,980 $24,154,980 $24,154,980
Federal Funds Not Itemized
$7,600,815
$7,600,815
$7,600,815
Temporary Assistance for Needy Families
$16,554,165 $16,554,165 $16,554,165
Temporary Assistance for Needy Families Grant CFDA93.558
$16,554,165 $16,554,165 $16,554,165
TOTAL PUBLIC FUNDS
$24,254,980 $24,254,980 $24,254,980
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
$232,731 $232,731 $232,731
$232,731 $232,731 $232,731
$232,731 $232,731 $232,731
203.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$5,823
$5,823
$5,823
203.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$364
$0
$266
203.100 -Council On Aging
Appropriation (HB 751)
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.
2412
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$238,918 $238,918 $238,918
$238,554 $238,554 $238,554
$238,820 $238,820 $238,820
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
204.1 Increase funds to increase each county's allocation from $46,000 to $47,000.
State General Funds
$8,664,148 $8,664,148 $1,172,819 $1,172,819 $9,836,967
$8,664,148 $8,664,148 $1,172,819 $1,172,819 $9,836,967
$159,000
$8,664,148 $8,664,148 $1,172,819 $1,172,819 $9,836,967
$159,000
204.100-Family Connection
Appropriation (HB 751)
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
$8,664,148
$8,823,148
$8,823,148
State General Funds
$8,664,148
$8,823,148
$8,823,148
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
$9,836,967
$9,995,967
$9,995,967
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
$282,801 $282,801 $2,919,976 $2,919,976
$282,801 $282,801 $2,919,976 $2,919,976
$282,801 $282,801 $2,919,976 $2,919,976
THURSDAY, MARCH 10, 2016
2413
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$36,000 $36,000 $36,000 $3,238,777
$36,000 $36,000 $36,000 $3,238,777
$36,000 $36,000 $36,000 $3,238,777
205.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$3,903
$3,903
$3,903
205.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$244
$0
$178
205.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($288)
($288)
($288)
205.100 -Georgia Vocational Rehabilitation Agency: Business Enterprise Program
Appropriation (HB 751)
The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.
TOTAL STATE FUNDS
$286,660
$286,416
$286,594
State General Funds
$286,660
$286,416
$286,594
TOTAL FEDERAL FUNDS
$2,919,976
$2,919,976
$2,919,976
Federal Funds Not Itemized
$2,919,976
$2,919,976
$2,919,976
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$36,000
$36,000
$36,000
State Funds Transfers
$36,000
$36,000
$36,000
Agency to Agency Contracts
$36,000
$36,000
$36,000
TOTAL PUBLIC FUNDS
$3,242,636
$3,242,392
$3,242,570
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
$1,461,659 $1,461,659 $8,058,850
$1,461,659 $1,461,659 $8,058,850
$1,461,659 $1,461,659 $8,058,850
2414
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$8,058,850 $45,000 $45,000 $45,000
$9,565,509
$8,058,850 $45,000 $45,000 $45,000
$9,565,509
$8,058,850 $45,000 $45,000 $45,000
$9,565,509
206.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$20,175
$20,175
$20,175
206.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,263
$0
$923
206.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($1,488)
($1,488)
($1,488)
206.4 Transfer funds from savings in contracts 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
($34,971)
($34,971)
($34,971)
206.5 Transfer funds and 12 positions from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program to align position functions.
State General Funds Federal Funds Not Itemized Total Public Funds:
($158,221) ($584,602) ($742,823)
($158,221) ($584,602) ($742,823)
($158,221) ($584,602) ($742,823)
206.6 Encourage the Georgia Vocational Rehabilitation Agency to create third-party cooperative arrangements with the Technical College System of Georgia to maximize financial assistance for vocational rehabilitation clients. (H:YES)(S:YES)
State General Funds
$0
$0
206.100-Georgia Vocational Rehabilitation Agency: Departmental Administration
Appropriation (HB 751)
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
$1,288,417
$1,287,154
$1,288,077
State General Funds
$1,288,417
$1,287,154
$1,288,077
THURSDAY, MARCH 10, 2016
2415
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$7,474,248 $7,474,248
$45,000 $45,000 $45,000 $8,807,665
$7,474,248 $7,474,248
$45,000 $45,000 $45,000 $8,806,402
$7,474,248 $7,474,248
$45,000 $45,000 $45,000 $8,807,325
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
207.100-Georgia Vocational Rehabilitation Agency: Disability Adjudication Services
Appropriation (HB 751)
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.
2416
JOURNAL OF THE HOUSE
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
208.100-Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind
Appropriation (HB 751)
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 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$19,294,878 $19,294,878 $76,910,506 $76,910,506
$3,400,000 $3,400,000 $3,400,000 $2,128,090
$19,294,878 $19,294,878 $76,910,506 $76,910,506
$3,400,000 $3,400,000 $3,400,000 $2,128,090
$19,294,878 $19,294,878 $76,910,506 $76,910,506
$3,400,000 $3,400,000 $3,400,000 $2,128,090
THURSDAY, MARCH 10, 2016
2417
State Funds Transfers Agency to Agency Contracts
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,318,090 $1,318,090
$810,000 $810,000 $101,733,474
$1,318,090 $1,318,090
$810,000 $810,000 $101,733,474
$1,318,090 $1,318,090
$810,000 $810,000 $101,733,474
209.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$266,322
$266,322
$266,322
209.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$16,669
$0
$12,175
209.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($19,642)
($19,642)
($19,642)
209.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$3,327
$3,327
$3,327
209.5 Transfer funds and 12 positions from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program to align position functions.
State General Funds Federal Funds Not Itemized Total Public Funds:
$158,221 $584,602 $742,823
$158,221 $584,602 $742,823
$158,221 $584,602 $742,823
209.6 Transfer funds from savings in contracts 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
$34,971
$34,971
$34,971
209.7 Increase funds for Speech, Hearing and Rehabilitation Enterprises of Coastal Georgia, Inc. (SHARE).
State General Funds
$40,000
209.100-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 751)
2418
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 Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$19,754,746 $19,754,746 $77,495,108 $77,495,108
$3,400,000 $3,400,000 $3,400,000 $2,128,090 $1,318,090 $1,318,090
$810,000 $810,000 $102,777,944
$19,738,077 $19,738,077 $77,495,108 $77,495,108
$3,400,000 $3,400,000 $3,400,000 $2,128,090 $1,318,090 $1,318,090
$810,000 $810,000 $102,761,275
$19,790,252 $19,790,252 $77,495,108 $77,495,108
$3,400,000 $3,400,000 $3,400,000 $2,128,090 $1,318,090 $1,318,090
$810,000 $810,000 $102,813,450
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 PUBLIC FUNDS 210.1 Reduce funds based on projected expenditures.
State General Funds
$2,069,043 $2,069,043 $2,069,043
$2,069,043 $2,069,043 $2,069,043
$2,069,043 $2,069,043 $2,069,043
($469,043)
($469,043)
($469,043)
210.100 -Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital
Appropriation (HB 751)
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
$1,600,000
$1,600,000
$1,600,000
State General Funds
$1,600,000
$1,600,000
$1,600,000
TOTAL PUBLIC FUNDS
$1,600,000
$1,600,000
$1,600,000
THURSDAY, MARCH 10, 2016
2419
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 29: Insurance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Continuation
$19,896,674 $19,896,674
$19,896,674 $19,896,674
$733,208
$733,208
$733,208
$733,208
$5,000
$5,000
$5,000
$5,000
$5,000
$5,000
$334,026
$334,026
$334,026
$334,026
$334,026
$334,026
$20,968,908 $20,968,908
$19,896,674 $19,896,674
$733,208 $733,208
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,968,908
2420
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Final
$20,378,016 $20,378,016
$733,208 $733,208
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,450,250
$20,373,696 $20,373,696
$733,208 $733,208
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,445,930
$20,381,003 $20,381,003
$733,208 $733,208
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,453,237
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
$1,866,817 $1,866,817 $1,866,817
$1,866,817 $1,866,817 $1,866,817
$1,866,817 $1,866,817 $1,866,817
211.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$48,785
$48,785
$48,785
211.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,877
$0
$1,054
211.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($5,927)
($5,927)
($5,927)
211.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$4,553
$4,553
$4,553
THURSDAY, MARCH 10, 2016
2421
211.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$15,679
$11,759
211.100-Departmental Administration
Appropriation (HB 751)
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
$1,916,105
$1,929,907
$1,927,041
State General Funds
$1,916,105
$1,929,907
$1,927,041
TOTAL PUBLIC FUNDS
$1,916,105
$1,929,907
$1,927,041
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
$789,431 $789,431 $789,431
$789,431 $789,431 $789,431
$789,431 $789,431 $789,431
212.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$20,630
$20,630
$20,630
212.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$793
$0
$445
212.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($2,506)
($2,506)
($2,506)
212.100 -Enforcement
Appropriation (HB 751)
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
$808,348
$807,555
$808,000
State General Funds
$808,348
$807,555
$808,000
TOTAL PUBLIC FUNDS
$808,348
$807,555
$808,000
2422
JOURNAL OF THE HOUSE
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
$6,894,544 $6,894,544
$727,000 $727,000
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $7,960,570
$6,894,544 $6,894,544
$727,000 $727,000
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $7,960,570
$6,894,544 $6,894,544
$727,000 $727,000
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $7,960,570
213.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$180,173
$180,173
$180,173
213.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$6,930
$0
$3,890
213.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($21,887)
($21,887)
($21,887)
213.100-Fire Safety
Appropriation (HB 751)
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
$7,059,760
$7,052,830
$7,056,720
State General Funds
$7,059,760
$7,052,830
$7,056,720
THURSDAY, MARCH 10, 2016
2423
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
$727,000 $727,000
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,125,786
$727,000 $727,000
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,118,856
$727,000 $727,000
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,122,746
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
$668,212 $668,212 $668,212
$668,212 $668,212 $668,212
$668,212 $668,212 $668,212
214.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$17,462
$17,462
$17,462
214.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$672
$0
$377
214.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($2,121)
($2,121)
($2,121)
214.100 -Industrial Loan
Appropriation (HB 751)
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
$684,225
$683,553
$683,930
State General Funds
$684,225
$683,553
$683,930
TOTAL PUBLIC FUNDS
$684,225
$683,553
$683,930
2424
JOURNAL OF THE HOUSE
Insurance Regulation
Continuation Budget
The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by
conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and
regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about
the state's insurance laws and regulations.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$9,677,670 $9,677,670
$6,208 $6,208 $9,683,878
$9,677,670 $9,677,670
$6,208 $6,208 $9,683,878
$9,677,670 $9,677,670
$6,208 $6,208 $9,683,878
215.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$252,904
$252,904
$252,904
215.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$9,727
$0
$5,461
215.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($30,723)
($30,723)
($30,723)
215.100 -Insurance Regulation
Appropriation (HB 751)
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
$9,909,578
$9,899,851
$9,905,312
State General Funds
$9,909,578
$9,899,851
$9,905,312
TOTAL FEDERAL FUNDS
$6,208
$6,208
$6,208
Federal Funds Not Itemized
$6,208
$6,208
$6,208
TOTAL PUBLIC FUNDS
$9,915,786
$9,906,059
$9,911,520
THURSDAY, MARCH 10, 2016
2425
Section 30: 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
$121,041,296 $121,041,296
$121,041,296 $121,041,296
$50,308,267 $50,308,267
$49,316,587 $49,316,587
$991,680
$991,680
$24,658,236 $24,658,236
$24,658,236 $24,658,236
$24,658,236 $24,658,236
$196,007,799 $196,007,799
$121,041,296 $121,041,296 $50,308,267 $49,316,587
$991,680 $24,658,236 $24,658,236 $24,658,236 $196,007,799
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
$131,704,107 $131,704,107 $50,308,267 $49,316,587
$991,680 $24,658,236 $24,658,236 $24,658,236 $206,670,610
$131,673,332 $131,673,332 $50,308,267 $49,316,587
$991,680 $24,658,236 $24,658,236 $24,658,236 $206,639,835
$132,897,194 $132,897,194 $50,308,267 $49,316,587
$991,680 $24,658,236 $24,658,236 $24,658,236 $207,863,697
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
$7,912,855 $7,912,855
$12,600 $12,600 $7,925,455
$7,912,855 $7,912,855
$12,600 $12,600 $7,925,455
$7,912,855 $7,912,855
$12,600 $12,600 $7,925,455
2426
JOURNAL OF THE HOUSE
216.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$114,276
$114,276
$114,276
216.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,851
$0
$1,923
216.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($714)
($714)
($714)
216.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$73,498
$73,498
$73,498
216.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$869
$869
$869
216.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$64,474
$48,356
216.100-Bureau Administration
Appropriation (HB 751)
The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the
purpose of maintaining law and order and protecting life and property.
TOTAL STATE FUNDS
$8,104,635
$8,165,258
$8,151,063
State General Funds
$8,104,635
$8,165,258
$8,151,063
TOTAL FEDERAL FUNDS
$12,600
$12,600
$12,600
Federal Funds Not Itemized
$12,600
$12,600
$12,600
TOTAL PUBLIC FUNDS
$8,117,235
$8,177,858
$8,163,663
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
$4,392,764 $4,392,764
$4,392,764 $4,392,764
$4,392,764 $4,392,764
THURSDAY, MARCH 10, 2016
2427
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,825,343
$123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,825,343
$123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,825,343
217.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$215,388
$215,388
$215,388
217.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$7,258
$0
$3,624
217.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($1,773)
($1,773)
($1,773)
217.4 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$2,113
$2,113
$2,113
217.100-Criminal Justice Information Services
Appropriation (HB 751)
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
$4,615,750
$4,608,492
$4,612,116
State General Funds
$4,615,750
$4,608,492
$4,612,116
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
$11,048,329 $11,041,071 $11,044,695
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,
2428
JOURNAL OF THE HOUSE
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
$32,984,331 $32,984,331
$66,131 $66,131 $157,865 $157,865 $157,865 $33,208,327
$32,984,331 $32,984,331
$66,131 $66,131 $157,865 $157,865 $157,865 $33,208,327
$32,984,331 $32,984,331
$66,131 $66,131 $157,865 $157,865 $157,865 $33,208,327
218.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$835,259
$835,259
$835,259
218.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$28,144
$0
$14,053
218.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($5,382)
($5,382)
($5,382)
218.4 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$6,240
$6,240
$6,240
218.5 Increase funds for personnel for five toxicology scientist positions.
State General Funds
$1,017,205
$1,017,205
$1,017,205
218.6 Increase funds for personnel for four scientist positions. (S:Increase funds for personnel for five scientist positions)
State General Funds
$813,764
$498,455
218.100-Forensic Scientific Services
Appropriation (HB 751)
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, MARCH 10, 2016
2429
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
$34,865,797 $34,865,797
$66,131 $66,131 $157,865 $157,865 $157,865 $35,089,793
$35,651,417 $35,651,417
$66,131 $66,131 $157,865 $157,865 $157,865 $35,875,413
$35,350,161 $35,350,161
$66,131 $66,131 $157,865 $157,865 $157,865 $35,574,157
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
$36,084,275 $36,084,275
$1,157,065 $1,157,065
$71,199 $71,199 $71,199 $37,312,539
$36,084,275 $36,084,275
$1,157,065 $1,157,065
$71,199 $71,199 $71,199 $37,312,539
$36,084,275 $36,084,275
$1,157,065 $1,157,065
$71,199 $71,199 $71,199 $37,312,539
219.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$919,954
$919,954
$919,954
219.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$30,998
$0
$15,478
219.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($6,191)
($6,191)
($6,191)
219.4 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$6,773
$6,773
$6,773
2430
JOURNAL OF THE HOUSE
219.5 Increase funds for personnel for 20 investigator positions to address increased investigative caseloads statewide. (S:Increase funds for personnel for 24 investigator positions to address increased investigative caseloads statewide)
State General Funds
$3,700,853
$3,700,853
$4,441,024
219.6 Reduce funds for one-time funding.
State General Funds
($844,098)
($844,098)
219.7 Increase funds for personnel for two analyst positions.
State General Funds
$209,122
219.8 Pursuant to SB416 (2016 Session), increase funds for personnel to add two new analysts to work in the Georgia Information Sharing and Analysis Center and assist with overall analysis and investigations of criminal threats and assist with cyber terrorism intelligence for the prevention and discovery of terrorist threats or attacks.
State General Funds
$209,122
219.100 -Regional Investigative Services
Appropriation (HB 751)
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
$40,736,662 $39,861,566 $41,035,459
State General Funds
$40,736,662 $39,861,566 $41,035,459
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
$41,964,926 $41,089,830 $42,263,723
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
$27,634,621 $27,634,621
$27,634,621 $27,634,621
$27,634,621 $27,634,621
THURSDAY, MARCH 10, 2016
2431
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
$48,948,786 $47,957,106
$991,680 $18,120,278 $18,120,278 $18,120,278 $94,703,685
$48,948,786 $47,957,106
$991,680 $18,120,278 $18,120,278 $18,120,278 $94,703,685
$48,948,786 $47,957,106
$991,680 $18,120,278 $18,120,278 $18,120,278 $94,703,685
220.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$28,318
$28,318
$28,318
220.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,301
$0
$823
220.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($1,864)
($1,864)
($1,864)
220.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$1,937
$1,937
$1,937
220.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$1,303
$1,303
$1,303
220.6 Transfer funds from the Criminal Justice Coordinating Council to the Council of Accountability Court Judges for personnel and operations to support information technology infrastructure, research, case management, and statewide reporting for Council of Accountability Court Judges at the Administrative Office of the Courts pursuant to HB328 (2015 Session).
State General Funds
($156,631)
($156,631)
($156,631)
220.7 Increase funds for the Accountability Court Grants Program to expand and create adult felony drug courts.
State General Funds
$1,545,589
$1,545,589
$1,545,589
220.8 Increase funds for the Accountability Court Grants Program to expand existing courts and provide the state match to implement and support new veterans' courts.
State General Funds
$461,735
$461,735
$461,735
220.9 Increase funds for the Accountability Court Grants Program to expand and create mental health accountability courts.
State General Funds
$638,725
$638,725
$638,725
2432
JOURNAL OF THE HOUSE
220.10 Increase funds for the Accountability Court Grants Program to expand and create family dependency treatment courts.
State General Funds
$256,604
$256,604
$256,604
220.11 Increase funds for the Accountability Court Grants Program to expand DUI accountability courts.
State General Funds
$390,175
$390,175
$390,175
220.12 Increase funds 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
$250,000
$250,000
$250,000
220.13 Increase funds for the Accountability Court Grants Program to provide fidelity reviews and technical monitoring for treatment providers. (H and S:Increase funds for the Juvenile Incentive Funding Grant Program to provide fidelity reviews and technical monitoring for treatment providers)
State General Funds
$247,000
$247,000
$247,000
220.14 Increase funds for the Accountability Court Grants Program to enter into an agreement with the Department of Driver Services to provide one position for a dedicated call center for driver's license reinstatement.
State General Funds
$50,000
$50,000
$50,000
220.15 Transfer funds from the Criminal Justice Coordinating Council to the Criminal Justice Coordinating Council: Council of Accountability Court Judges program to establish the new administrative staff pursuant to HB328 (2015 Session).
State General Funds
($396,610)
($396,610)
($396,610)
220.100-Criminal Justice Coordinating Council
Appropriation (HB 751)
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
$30,952,203 $30,950,902 $30,951,725
State General Funds
$30,952,203 $30,950,902 $30,951,725
TOTAL FEDERAL FUNDS
$48,948,786 $48,948,786 $48,948,786
Federal Funds Not Itemized
$47,957,106 $47,957,106 $47,957,106
FFIND Temp. Assistance for Needy Families CFDA93.558
$991,680
$991,680
$991,680
TOTAL AGENCY FUNDS
$18,120,278 $18,120,278 $18,120,278
Sales and Services
$18,120,278 $18,120,278 $18,120,278
Sales and Services Not Itemized
$18,120,278 $18,120,278 $18,120,278
TOTAL PUBLIC FUNDS
$98,021,267 $98,019,966 $98,020,789
THURSDAY, MARCH 10, 2016
2433
Criminal Justice Coordinating Council: Council of Accountability Court Judges
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
221.1 Transfer funds from the Criminal Justice Coordinating Council to the Criminal Justice Coordinating Council: Council of Accountability Court Judges program to establish the new administrative staff pursuant to HB328 (2015 Session).
State General Funds
$396,610
$396,610
$396,610
221.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$6,637
$6,637
221.99 SAC: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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. House: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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. Governor: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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.
State General Funds
$0
$0
$0
221.100-Criminal Justice Coordinating Council: Council of Accountability Court Judges
Appropriation (HB 751)
The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency
treatment courts, mental health courts, and veteran's courts, as well as the Council of Accountability Court Judges. 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.
2434
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$396,610 $396,610 $396,610
$403,247 $403,247 $403,247
$403,247 $403,247 $403,247
Criminal Justice Coordinating Council: Family Violence
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
$12,032,450 $12,032,450 $12,032,450
$12,032,450 $12,032,450 $12,032,450
222.1 Increase funds for a 3% increase in grants for domestic violence shelters and sexual assault centers.
State General Funds
$12,032,450 $12,032,450 $12,032,450
$360,973
222.100-Criminal Justice Coordinating Council: Family Violence
Appropriation (HB 751)
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
$12,032,450 $12,032,450 $12,393,423
State General Funds
$12,032,450 $12,032,450 $12,393,423
TOTAL PUBLIC FUNDS
$12,032,450 $12,032,450 $12,393,423
Section 31: 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
Section Total - Continuation
$312,759,048 $312,759,048
$312,759,048 $312,759,048
$6,804,611
$6,804,611
$5,309,433
$5,309,433
$1,495,178
$1,495,178
$40,360
$40,360
$5,085
$5,085
$5,085
$5,085
$35,275
$35,275
$35,275
$35,275
$312,759,048 $312,759,048
$6,804,611 $5,309,433 $1,495,178
$40,360 $5,085 $5,085
$35,275 $35,275
THURSDAY, MARCH 10, 2016
2435
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$299,805 $299,805 $299,805 $319,903,824
$299,805 $299,805 $299,805 $319,903,824
$299,805 $299,805 $299,805 $319,903,824
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
Section Total - Final
$327,129,317 $327,129,317
$6,804,611 $5,309,433 $1,495,178
$40,360 $5,085 $5,085
$35,275 $35,275 $299,805 $299,805 $299,805 $334,274,093
$327,484,453 $327,484,453
$6,804,611 $5,309,433 $1,495,178
$40,360 $5,085 $5,085
$35,275 $35,275 $299,805 $299,805 $299,805 $334,629,229
$326,957,860 $326,957,860
$6,804,611 $5,309,433 $1,495,178
$40,360 $5,085 $5,085
$35,275 $35,275 $299,805 $299,805 $299,805 $334,102,636
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
$86,143,081 $86,143,081
$2,189,222
$86,143,081 $86,143,081
$2,189,222
$86,143,081 $86,143,081
$2,189,222
2436
JOURNAL OF THE HOUSE
Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$694,044 $1,495,178
$500 $500 $500 $299,805 $299,805 $299,805 $88,632,608
$694,044 $1,495,178
$500 $500 $500 $299,805 $299,805 $299,805 $88,632,608
$694,044 $1,495,178
$500 $500 $500 $299,805 $299,805 $299,805 $88,632,608
223.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$1,443,914
$1,443,914
$1,443,914
223.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$18,779
$0
($5,582)
223.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($18,392)
($18,392)
($18,392)
223.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$5,299
$5,299
$5,299
223.5 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program for 16 school resource officer positions to be located at the five newly created Regional Educational Transition Centers.
State General Funds
$981,169
$981,169
$981,169
223.6 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program for the Sexual Exploitation of Children (CSEC) Victims' Facility operations.
State General Funds
$402,726
$402,726
$402,726
223.7 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program for 40 Step-Down slots as part of juvenile justice reform initiatives.
State General Funds
$2,727,088
$2,727,088
$2,727,088
THURSDAY, MARCH 10, 2016
2437
223.8 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program to implement a salary increase for juvenile probation and parole officers.
State General Funds
$1,064,603
$1,064,603
$1,064,603
223.9 Increase funds to provide for a 1.5% provider rate increase for Child Caring Institutions.
State General Funds
$272,100
$272,100
223.100-Community Services
Appropriation (HB 751)
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
$92,768,267 $93,021,588 $93,016,006
State General Funds
$92,768,267 $93,021,588 $93,016,006
TOTAL FEDERAL FUNDS
$2,189,222
$2,189,222
$2,189,222
Federal Funds Not Itemized
$694,044
$694,044
$694,044
Foster Care Title IV-E CFDA93.658
$1,495,178
$1,495,178
$1,495,178
TOTAL AGENCY FUNDS
$500
$500
$500
Contributions, Donations, and Forfeitures
$500
$500
$500
Contributions, Donations, and Forfeitures Not Itemized
$500
$500
$500
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$299,805
$299,805
$299,805
Federal Funds Transfers
$299,805
$299,805
$299,805
FF Medical Assistance Program CFDA93.778
$299,805
$299,805
$299,805
TOTAL PUBLIC FUNDS
$95,257,794 $95,511,115 $95,505,533
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
$23,535,119 $23,535,119
$23,535,119 $23,535,119
$23,535,119 $23,535,119
2438
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
$743,202 $743,202
$18,130 $18,130 $18,130 $24,296,451
$743,202 $743,202
$18,130 $18,130 $18,130 $24,296,451
$743,202 $743,202
$18,130 $18,130 $18,130 $24,296,451
224.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$392,382
$392,382
$392,382
224.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$5,103
$0
($1,517)
224.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($3,820)
($3,820)
($3,820)
224.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$8,843
$8,843
$8,843
224.5 Increase funds for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$7,113
$7,113
$7,113
224.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$163,958
$122,969
224.100-Departmental Administration
Appropriation (HB 751)
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
$23,944,740 $24,103,595 $24,061,089
State General Funds
$23,944,740 $24,103,595 $24,061,089
TOTAL FEDERAL FUNDS
$743,202
$743,202
$743,202
Federal Funds Not Itemized
$743,202
$743,202
$743,202
TOTAL AGENCY FUNDS
$18,130
$18,130
$18,130
THURSDAY, MARCH 10, 2016
2439
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$18,130 $18,130 $24,706,072
$18,130 $18,130 $24,864,927
$18,130 $18,130 $24,822,421
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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$93,787,929 $93,787,929
$2,470,420 $2,470,420
$17,748 $603 $603
$17,145 $17,145 $96,276,097
$93,787,929 $93,787,929
$2,470,420 $2,470,420
$17,748 $603 $603
$17,145 $17,145 $96,276,097
$93,787,929 $93,787,929
$2,470,420 $2,470,420
$17,748 $603 $603
$17,145 $17,145 $96,276,097
225.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$1,882,462
$1,882,462
$1,882,462
225.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$24,482
$0
($7,277)
225.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($24,790)
($24,790)
($24,790)
225.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$5,279
$5,279
$5,279
2440
JOURNAL OF THE HOUSE
225.5 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program for 40 Step-Down slots as part of juvenile justice reform initiatives.
State General Funds
($2,727,088) ($2,727,088) ($2,727,088)
225.6 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program for the Sexual Exploitation of Children (CSEC) Victims' Facility operations.
State General Funds
($402,726)
($402,726)
($402,726)
225.7 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program to implement a salary increase for juvenile probation and parole officers.
State General Funds
($1,064,603) ($1,064,603) ($1,064,603)
225.8 Transfer funds from the Secure Commitment (YDCs) program to the Community Services program for 16 school resource officer positions to be located at the five newly created Regional Educational Transition Centers.
State General Funds
($981,169)
($981,169)
($981,169)
225.9 Transfer funds from the Secure Commitment (YDCs) program to the Secure Detention (RYDCs) program for facility sustainment costs.
State General Funds
($683,736)
($683,736)
($683,736)
225.10 Increase funds for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$2,309,267
$2,309,267
$2,309,267
225.11 Utilize anticipated savings of $281,471 from the Milan YDC to support the Residential Substance Abuse Treatment (RSAT) program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
225.12 Utilize anticipated savings of $1,180,721 from the Milan YDC to fill vacancies as efforts to promote recruitment and retention are implemented. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
225.13 Redirect $461,550 in funds from the Milan Youth Development Campus to support facility sustainment costs. (G:YES)(H:YES)(S:Reduce funds from the closure of the Milan Youth Development Campus)
State General Funds
$0
$0
($461,550)
THURSDAY, MARCH 10, 2016
2441
225.100 -Secure Commitment (YDCs)
Appropriation (HB 751)
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
$92,125,307 $92,100,825 $91,631,998
State General Funds
$92,125,307 $92,100,825 $91,631,998
TOTAL FEDERAL FUNDS
$2,470,420
$2,470,420
$2,470,420
Federal Funds Not Itemized
$2,470,420
$2,470,420
$2,470,420
TOTAL AGENCY FUNDS
$17,748
$17,748
$17,748
Contributions, Donations, and Forfeitures
$603
$603
$603
Contributions, Donations, and Forfeitures Not Itemized
$603
$603
$603
Sales and Services
$17,145
$17,145
$17,145
Sales and Services Not Itemized
$17,145
$17,145
$17,145
TOTAL PUBLIC FUNDS
$94,613,475 $94,588,993 $94,120,166
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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$109,292,919 $109,292,919
$1,401,767 $1,401,767
$3,982 $3,982 $3,982 $110,698,668
$109,292,919 $109,292,919
$1,401,767 $1,401,767
$3,982 $3,982 $3,982 $110,698,668
$109,292,919 $109,292,919
$1,401,767 $1,401,767
$3,982 $3,982 $3,982 $110,698,668
226.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$2,503,459
$2,503,459
$2,503,459
2442
JOURNAL OF THE HOUSE
226.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$32,558
$0
($9,678)
226.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($32,786)
($32,786)
($32,786)
226.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$6,609
$6,609
$6,609
226.5 Increase funds for personnel for 63 positions and operations for security management, education, and medical services at Terrell Regional Youth Detention Center effective October 1, 2016.
State General Funds
$2,667,529
$2,667,529
$2,667,529
226.6 Increase funds for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$3,136,979
$3,136,979
$3,136,979
226.7 Transfer funds from the Secure Commitment (YDCs) program to the Secure Detention (RYDCs) program for facility sustainment costs.
State General Funds
$683,736
$683,736
$683,736
226.8 Develop plan to address closure of Gwinnett RYDC, including cooperative construction of juvenile justice facility incorporating recommendations of HB242 (2013 Session). (S:YES)
State General Funds
$0
226.100 -Secure Detention (RYDCs)
Appropriation (HB 751)
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
$118,291,003 $118,258,445 $118,248,767
State General Funds
$118,291,003 $118,258,445 $118,248,767
TOTAL FEDERAL FUNDS
$1,401,767
$1,401,767
$1,401,767
Federal Funds Not Itemized
$1,401,767
$1,401,767
$1,401,767
TOTAL AGENCY FUNDS
$3,982
$3,982
$3,982
THURSDAY, MARCH 10, 2016
2443
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
Section 32: 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
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
$3,982 $3,982 $119,696,752
$3,982 $3,982 $119,664,194
$3,982 $3,982 $119,654,516
Section Total - Continuation
$13,040,323 $13,040,323
$13,040,323 $13,040,323
$117,319,857 $117,319,857
$117,319,857 $117,319,857
$912,858
$912,858
$912,858
$912,858
$912,858
$912,858
$1,069,666
$1,069,666
$1,069,666
$1,069,666
$1,069,666
$1,069,666
$132,342,704 $132,342,704
$13,040,323 $13,040,323 $117,319,857 $117,319,857
$912,858 $912,858 $912,858 $1,069,666 $1,069,666 $1,069,666 $132,342,704
Section Total - Final
$13,290,373 $13,290,373 $117,319,857 $117,319,857
$912,858 $912,858 $912,858 $1,069,666 $1,069,666 $1,069,666 $132,592,754
$13,293,170 $13,293,170 $117,319,857 $117,319,857
$912,858 $912,858 $912,858 $1,069,666 $1,069,666 $1,069,666 $132,595,551
$13,291,415 $13,291,415 $117,319,857 $117,319,857
$912,858 $912,858 $912,858 $1,069,666 $1,069,666 $1,069,666 $132,593,796
2444
JOURNAL OF THE HOUSE
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
$1,638,327 $1,638,327 $31,312,292 $31,312,292
$912,858 $912,858 $912,858 $33,863,477
$1,638,327 $1,638,327 $31,312,292 $31,312,292
$912,858 $912,858 $912,858 $33,863,477
$1,638,327 $1,638,327 $31,312,292 $31,312,292
$912,858 $912,858 $912,858 $33,863,477
227.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$19,185
$19,185
$19,185
227.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$318
$0
($6)
227.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($489)
($489)
($489)
227.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$19,997
$19,997
$19,997
227.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$6,721
$5,041
227.100 -Department of Labor Administration
Appropriation (HB 751)
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
$1,677,338
$1,683,741
$1,682,055
State General Funds
$1,677,338
$1,683,741
$1,682,055
THURSDAY, MARCH 10, 2016
2445
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
$912,858 $912,858 $912,858 $33,902,488
$31,312,292 $31,312,292
$912,858 $912,858 $912,858 $33,908,891
$31,312,292 $31,312,292
$912,858 $912,858 $912,858 $33,907,205
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 $2,394,639 $2,394,639 $2,394,639
$0 $0 $2,394,639 $2,394,639 $2,394,639
$0 $0 $2,394,639 $2,394,639 $2,394,639
228.100 -Labor Market Information
Appropriation (HB 751)
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$2,394,639 $2,394,639 $2,394,639
$2,394,639 $2,394,639 $2,394,639
$2,394,639 $2,394,639 $2,394,639
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
$4,228,565 $4,228,565 $34,599,186 $34,599,186 $38,827,751
$4,228,565 $4,228,565 $34,599,186 $34,599,186 $38,827,751
$4,228,565 $4,228,565 $34,599,186 $34,599,186 $38,827,751
2446
JOURNAL OF THE HOUSE
229.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$90,571
$90,571
$90,571
229.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$1,499
$0
($29)
229.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($4,710)
($4,710)
($4,710)
229.4 Utilize existing state funds for the collection of administrative assessments. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
229.100-Unemployment Insurance
Appropriation (HB 751)
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
$4,315,925
$4,314,426
$4,314,397
State General Funds
$4,315,925
$4,314,426
$4,314,397
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
$38,915,111 $38,913,612 $38,913,583
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
$7,173,431 $7,173,431 $49,013,740 $49,013,740 $1,069,666 $1,069,666 $1,069,666 $57,256,837
$7,173,431 $7,173,431 $49,013,740 $49,013,740 $1,069,666 $1,069,666 $1,069,666 $57,256,837
$7,173,431 $7,173,431 $49,013,740 $49,013,740 $1,069,666 $1,069,666 $1,069,666 $57,256,837
THURSDAY, MARCH 10, 2016
2447
230.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$127,293
$127,293
$127,293
230.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$2,107
$0
($40)
230.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($5,721)
($5,721)
($5,721)
230.100 -Workforce Solutions
Appropriation (HB 751)
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
$7,297,110
$7,295,003
$7,294,963
State General Funds
$7,297,110
$7,295,003
$7,294,963
TOTAL FEDERAL FUNDS
$49,013,740 $49,013,740 $49,013,740
Federal Funds Not Itemized
$49,013,740 $49,013,740 $49,013,740
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
$57,380,516 $57,378,409 $57,378,369
Section 33: 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
Section Total - Continuation
$26,941,338 $26,941,338
$26,941,338 $26,941,338
$3,597,990
$3,597,990
$3,597,990
$3,597,990
$939,740
$939,740
$772,051
$772,051
$772,051
$772,051
$167,689
$167,689
$167,689
$167,689
$26,941,338 $26,941,338
$3,597,990 $3,597,990
$939,740 $772,051 $772,051 $167,689 $167,689
2448
JOURNAL OF THE HOUSE
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$36,317,074 $36,317,074 $36,317,074 $67,796,142
$36,317,074 $36,317,074 $36,317,074 $67,796,142
$36,317,074 $36,317,074 $36,317,074 $67,796,142
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 State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$31,057,430 $31,057,430
$3,597,990 $3,597,990
$939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $71,912,234
$31,053,082 $31,053,082
$3,597,990 $3,597,990
$939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $71,907,886
$31,062,379 $31,062,379
$3,597,990 $3,597,990
$939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $71,917,183
Consumer Protection
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 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
THURSDAY, MARCH 10, 2016
2449
231.98 Transfer funds for all activities and functions, 65 positions and two vehicles related to the Consumer Protection program to the Department of Law to consolidate consumer protection activities.
State General Funds Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds:
($4,818,706) ($500,000) ($167,689)
($5,486,395)
($4,818,706) ($500,000) ($167,689)
($5,486,395)
($4,818,706) ($500,000) ($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
$20,814,264 $20,814,264
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,401,278
$20,814,264 $20,814,264
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,401,278
$20,814,264 $20,814,264
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,401,278
232.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$827,773
$827,773
$827,773
232.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$28,303
$0
$14,338
232.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($43,047)
($43,047)
($43,047)
232.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$6,803
$6,803
$6,803
2450
JOURNAL OF THE HOUSE
232.5 Increase funds to implement a new salary structure to target attorneys with up to 15 years of experience and to address salary compression for more experienced attorneys.
State General Funds
$2,400,000
$2,400,000
$2,400,000
232.6 Increase funds to retain key attorneys and develop future agency leaders.
State General Funds
$569,800
$569,800
$569,800
232.7 Increase funds to establish a fellowship program to recruit top talent for the agency.
State General Funds
$293,000
$293,000
$293,000
232.8 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$25,926
$19,445
232.98 Transfer funds for all activities and functions, 65 positions and two vehicles related to the Consumer Protection program to the Department of Law to consolidate consumer protection activities.
State General Funds Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds:
$4,818,706 $500,000 $167,689
$5,486,395
$4,818,706 $500,000 $167,689
$5,486,395
$4,818,706 $500,000 $167,689
$5,486,395
232.100 -Law, Department of
Appropriation (HB 751)
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
$29,715,602 $29,713,225 $29,721,082
State General Funds
$29,715,602 $29,713,225 $29,721,082
TOTAL AGENCY FUNDS
$937,629
$937,629
$937,629
Sales and Services
$769,940
$769,940
$769,940
Sales and Services Not Itemized
$769,940
$769,940
$769,940
Sanctions, Fines, and Penalties
$167,689
$167,689
$167,689
Sanctions, Fines, and Penalties Not Itemized
$167,689
$167,689
$167,689
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
THURSDAY, MARCH 10, 2016
2451
State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$36,317,074 $66,970,305
$36,317,074 $66,967,928
$36,317,074 $66,975,785
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
$1,308,368 $1,308,368 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,908,469
$1,308,368 $1,308,368 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,908,469
$1,308,368 $1,308,368 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,908,469
233.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$31,489
$31,489
$31,489
233.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,971
$0
$1,440
233.100 -Medicaid Fraud Control Unit
Appropriation (HB 751)
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
$1,341,828
$1,339,857
$1,341,297
State General Funds
$1,341,828
$1,339,857
$1,341,297
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
$4,941,929
$4,939,958
$4,941,398
2452
JOURNAL OF THE HOUSE
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 34: 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 Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$103,310,393 $103,310,393
$103,310,393 $103,310,393
$46,510,538 $46,510,538
$46,498,931 $46,498,931
$11,607
$11,607
$96,117,342 $96,117,342
$592,213
$592,213
$592,213
$592,213
$551,768
$551,768
$551,768
$551,768
$13,907
$13,907
$13,907
$13,907
$54,540
$54,540
$54,540
$54,540
$94,904,914 $94,904,914
$94,904,914 $94,904,914
$801,800
$801,800
$30,000
$30,000
$30,000
$30,000
$771,800
$771,800
$771,800
$771,800
$246,740,073 $246,740,073
$103,310,393 $103,310,393 $46,510,538 $46,498,931
$11,607 $96,117,342
$592,213 $592,213 $551,768 $551,768
$13,907 $13,907 $54,540 $54,540 $94,904,914 $94,904,914 $801,800 $30,000 $30,000 $771,800 $771,800 $246,740,073
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS
Section Total - Final
$105,197,081 $105,197,081 $46,510,538
$104,320,756 $104,320,756 $46,510,538
$103,033,633 $103,033,633 $46,510,538
THURSDAY, MARCH 10, 2016
2453
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
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$46,498,931 $11,607
$96,117,342 $592,213 $592,213 $551,768 $551,768 $13,907 $13,907 $54,540 $54,540
$94,904,914 $94,904,914
$801,800 $30,000 $30,000
$771,800 $771,800 $248,626,761
$46,498,931 $11,607
$96,117,342 $592,213 $592,213 $551,768 $551,768 $13,907 $13,907 $54,540 $54,540
$94,904,914 $94,904,914
$801,800 $30,000 $30,000
$771,800 $771,800 $247,750,436
$46,498,931 $11,607
$96,117,342 $592,213 $592,213 $551,768 $551,768 $13,907 $13,907 $54,540 $54,540
$94,904,914 $94,904,914
$801,800 $30,000 $30,000
$771,800 $771,800 $246,463,313
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
$2,137,916 $2,137,916 $5,054,621 $5,054,621
$107,925 $63,760
$2,137,916 $2,137,916 $5,054,621 $5,054,621
$107,925 $63,760
$2,137,916 $2,137,916 $5,054,621 $5,054,621
$107,925 $63,760
2454
JOURNAL OF THE HOUSE
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
$63,760 $37,165 $37,165
$7,000 $7,000 $7,300,462
$63,760 $37,165 $37,165
$7,000 $7,000 $7,300,462
$63,760 $37,165 $37,165
$7,000 $7,000 $7,300,462
234.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$56,273
$56,273
$56,273
234.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,460
$0
$511
234.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($2,695)
($2,695)
($2,695)
234.100 -Coastal Resources
Appropriation (HB 751)
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
$2,192,954
$2,191,494
$2,192,005
State General Funds
$2,192,954
$2,191,494
$2,192,005
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
$7,355,500
$7,354,040
$7,354,551
THURSDAY, MARCH 10, 2016
2455
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
$11,845,766 $11,845,766
$110,000 $110,000
$39,065 $39,065 $39,065 $11,994,831
$11,845,766 $11,845,766
$110,000 $110,000
$39,065 $39,065 $39,065 $11,994,831
$11,845,766 $11,845,766
$110,000 $110,000
$39,065 $39,065 $39,065 $11,994,831
235.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$204,231
$204,231
$204,231
235.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$5,299
$0
$1,853
235.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($8,653)
($8,653)
($8,653)
235.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$32,242
$32,242
$32,242
235.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$59,263
$44,447
235.100-Departmental Administration
Appropriation (HB 751)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$12,078,885 $12,132,849 $12,119,886
State General Funds
$12,078,885 $12,132,849 $12,119,886
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
2456
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$39,065 $39,065 $12,227,950
$39,065 $39,065 $12,281,914
$39,065 $39,065 $12,268,951
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$30,054,296 $30,054,296 $24,910,777 $24,910,777 $55,793,855
$551,768 $551,768 $55,242,087 $55,242,087 $110,758,928
$30,054,296 $30,054,296 $24,910,777 $24,910,777 $55,793,855
$551,768 $551,768 $55,242,087 $55,242,087 $110,758,928
$30,054,296 $30,054,296 $24,910,777 $24,910,777 $55,793,855
$551,768 $551,768 $55,242,087 $55,242,087 $110,758,928
236.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$553,982
$553,982
$553,982
236.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$14,374
$0
$5,027
THURSDAY, MARCH 10, 2016
2457
236.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($104,436)
($104,436)
($104,436)
236.4 Reduce funds.
State General Funds
($910,000) ($2,200,000)
236.100 -Environmental Protection
Appropriation (HB 751)
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
$30,518,216 $29,593,842 $28,308,869
State General Funds
$30,518,216 $29,593,842 $28,308,869
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
$111,222,848 $110,298,474 $109,013,501
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.
2458
JOURNAL OF THE HOUSE
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
237.100 -Hazardous Waste Trust Fund
Appropriation (HB 751)
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
$1,628,998 $1,628,998 $1,020,787 $1,009,180
$11,607 $2,649,785
$1,628,998 $1,628,998 $1,020,787 $1,009,180
$11,607 $2,649,785
$1,628,998 $1,628,998 $1,020,787 $1,009,180
$11,607 $2,649,785
238.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$33,802
$33,802
$33,802
238.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$877
$0
$307
238.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($3,788)
($3,788)
($3,788)
THURSDAY, MARCH 10, 2016
2459
238.4 Increase funds for personnel for one architectural reviewer. State General Funds
$58,000
$58,000
$58,000
238.100-Historic Preservation
Appropriation (HB 751)
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
$1,717,889
$1,717,012
$1,717,319
State General Funds
$1,717,889
$1,717,012
$1,717,319
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
$2,738,676
$2,737,799
$2,738,106
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
$18,174,399 $18,174,399
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $20,426,514
$18,174,399 $18,174,399
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $20,426,514
$18,174,399 $18,174,399
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $20,426,514
239.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$502,821
$502,821
$502,821
2460
JOURNAL OF THE HOUSE
239.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$13,046
$0
$4,563
239.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($31,724)
($31,724)
($31,724)
239.100 -Law Enforcement
Appropriation (HB 751)
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
$18,658,542 $18,645,496 $18,650,059
State General Funds
$18,658,542 $18,645,496 $18,650,059
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
Rebates, Refunds, and Reimbursements
$3,657
$3,657
$3,657
Rebates, Refunds, and Reimbursements Not Itemized
$3,657
$3,657
$3,657
TOTAL PUBLIC FUNDS
$20,910,657 $20,897,611 $20,902,174
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
$14,796,763 $14,796,763
$1,704,029 $1,704,029 $31,619,991
$518,382 $518,382 $31,101,609 $31,101,609
$14,796,763 $14,796,763
$1,704,029 $1,704,029 $31,619,991
$518,382 $518,382 $31,101,609 $31,101,609
$14,796,763 $14,796,763
$1,704,029 $1,704,029 $31,619,991
$518,382 $518,382 $31,101,609 $31,101,609
THURSDAY, MARCH 10, 2016
2461
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$771,800 $771,800 $771,800 $48,892,583
$771,800 $771,800 $771,800 $48,892,583
$771,800 $771,800 $771,800 $48,892,583
240.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$179,980
$179,980
$179,980
240.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$4,670
$0
$1,633
240.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($6,526)
($6,526)
($6,526)
240.4 Increase funds for raising sunken vessels causing navigational hazards in Lake Lanier.
State General Funds
$25,000
$25,000
240.100-Parks, Recreation and Historic Sites
Appropriation (HB 751)
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
$14,974,887 $14,995,217 $14,996,850
State General Funds
$14,974,887 $14,995,217 $14,996,850
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
$518,382
$518,382
$518,382
Contributions, Donations, and Forfeitures Not Itemized
$518,382
$518,382
$518,382
Sales and Services
$31,101,609 $31,101,609 $31,101,609
Sales and Services Not Itemized
$31,101,609 $31,101,609 $31,101,609
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
$49,070,707 $49,091,037 $49,092,670
2462
JOURNAL OF THE HOUSE
Solid Waste Trust Fund
Continuation Budget
The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency,
preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste
management plans; and to promote statewide recycling and waste reduction programs.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$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
241.100 -Solid Waste Trust Fund
Appropriation (HB 751)
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents
$17,924,057 $17,924,057 $11,461,866 $11,461,866
$8,552,849 $10,071 $10,071 $10,250 $10,250 $17,375
$17,924,057 $17,924,057 $11,461,866 $11,461,866
$8,552,849 $10,071 $10,071 $10,250 $10,250 $17,375
$17,924,057 $17,924,057 $11,461,866 $11,461,866
$8,552,849 $10,071 $10,071 $10,250 $10,250 $17,375
THURSDAY, MARCH 10, 2016
2463
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
$17,375 $8,515,153 $8,515,153
$30,000 $30,000 $30,000 $37,968,772
$17,375 $8,515,153 $8,515,153
$30,000 $30,000 $30,000 $37,968,772
$17,375 $8,515,153 $8,515,153
$30,000 $30,000 $30,000 $37,968,772
242.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$418,650
$418,650
$418,650
242.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$10,862
$0
$3,799
242.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($46,059)
($46,059)
($46,059)
242.100 -Wildlife Resources
Appropriation (HB 751)
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
$18,307,510 $18,296,648 $18,300,447
State General Funds
$18,307,510 $18,296,648 $18,300,447
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
$8,552,849
$8,552,849
$8,552,849
Contributions, Donations, and Forfeitures
$10,071
$10,071
$10,071
Contributions, Donations, and Forfeitures Not Itemized
$10,071
$10,071
$10,071
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
2464
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$8,515,153 $30,000 $30,000 $30,000
$38,352,225
$8,515,153 $30,000 $30,000 $30,000
$38,341,363
$8,515,153 $30,000 $30,000 $30,000
$38,345,162
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 35: 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
$45,847,115 $45,847,115
$45,847,115 $45,847,115
$806,050
$806,050
$806,050
$806,050
$46,653,165 $46,653,165
$45,847,115 $45,847,115
$806,050 $806,050 $46,653,165
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$16,466,736 $16,466,736
$806,050 $806,050 $17,272,786
$16,446,224 $16,446,224
$806,050 $806,050 $17,252,274
$16,451,215 $16,451,215
$806,050 $806,050 $17,257,265
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
$1,319,596 $1,319,596 $1,319,596
$1,319,596 $1,319,596 $1,319,596
$1,319,596 $1,319,596 $1,319,596
THURSDAY, MARCH 10, 2016
2465
243.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$17,773
$17,773
$17,773
243.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$5,881
$0
$1,441
243.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($25,303)
($25,303)
($25,303)
243.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($85,053)
($85,053)
($85,053)
243.5 Reduce funds to reflect an adjustment in payroll shared services billings.
State General Funds
($30,809)
($30,809)
($30,809)
243.6 Transfer funds and two positions from the State Board of Pardons and Paroles' Board Administration program to the Department of Community Supervision's Departmental Administration program.
State General Funds
($110,920)
($110,920)
($110,920)
243.7 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$7,220
$5,415
243.100 -Board Administration
The purpose of this appropriation is to provide administrative support for the agency.
TOTAL STATE FUNDS
$1,091,165
State General Funds
$1,091,165
TOTAL PUBLIC FUNDS
$1,091,165
Appropriation (HB 751)
$1,092,504 $1,092,504 $1,092,504
$1,092,140 $1,092,140 $1,092,140
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.
2466
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$12,262,630 $12,262,630 $12,262,630
$12,262,630 $12,262,630 $12,262,630
$12,262,630 $12,262,630 $12,262,630
244.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$407,879
$407,879
$407,879
244.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$21,213
$0
$5,199
244.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($127,019)
($127,019)
($127,019)
244.4 Transfer funds from the Department of Community Supervision to the State Board of Pardons and Paroles to accurately reflect the cost of rent.
State General Funds
$16,528
$16,528
$16,528
244.5 Transfer funds from the Governor's Office of Transition, Support and Reentry to the State Board of Pardons and Paroles to accurately reflect the cost of rent.
State General Funds
$129,115
$129,115
$129,115
244.98 Transfer funds and 20 positions from the Parole Supervision program to the Clemency Decisions program.
State General Funds Federal Funds Not Itemized Total Public Funds:
$2,173,249 $806,050
$2,979,299
$2,173,249 $806,050
$2,979,299
$2,173,249 $806,050
$2,979,299
244.99 SAC: The purpose of this appropriation is to support the Board in exercising its constitutional authority over executive clemency. This includes setting tentative parole dates for offenders in the correctional system and all aspects of parole status of offenders in the community including warrants, violations, commutations, and revocations. The Board coordinates all interstate compact release matters regarding the acceptance and placement of parolees into and from the State of Georgia and administers the pardon process by reviewing all applications and granting or denying these applications based on specific criteria. House: The purpose of this appropriation is to support the Board in exercising its constitutional authority over executive clemency. This includes setting tentative parole dates for offenders in the correctional system and all aspects of parole status of offenders in the community including warrants, violations, commutations, and revocations. The Board coordinates all interstate compact release matters regarding the acceptance and placement of parolees into and from the State of Georgia and administers the pardon process by reviewing all applications and granting or denying these applications based on specific criteria. Governor: The purpose of this appropriation is to support the Board in exercising its constitutional authority over executive
THURSDAY, MARCH 10, 2016
2467
clemency. This includes setting tentative parole dates for offenders in the correctional system and all aspects of parole status of offenders in the community including warrants, violations, commutations, and revocations. The Board coordinates all interstate compact release matters regarding the acceptance and placement of parolees into and from the State of Georgia and administers the pardon process by reviewing all applications and granting or denying these applications based on specific criteria.
State General Funds
$0
$0
$0
244.100 -Clemency Decisions
Appropriation (HB 751)
The purpose of this appropriation is to support the Board in exercising its constitutional authority over executive clemency. This
includes setting tentative parole dates for offenders in the correctional system and all aspects of parole status of offenders in the
community including warrants, violations, commutations, and revocations. The Board coordinates all interstate compact release
matters regarding the acceptance and placement of parolees into and from the State of Georgia and administers the pardon process
by reviewing all applications and granting or denying these applications based on specific criteria.
TOTAL STATE FUNDS
$14,883,595 $14,862,382 $14,867,581
State General Funds
$14,883,595 $14,862,382 $14,867,581
TOTAL FEDERAL FUNDS
$806,050
$806,050
$806,050
Federal Funds Not Itemized
$806,050
$806,050
$806,050
TOTAL PUBLIC FUNDS
$15,689,645 $15,668,432 $15,673,631
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
$31,782,779 $31,782,779
$806,050 $806,050 $32,588,829
$31,782,779 $31,782,779
$806,050 $806,050 $32,588,829
$31,782,779 $31,782,779
$806,050 $806,050 $32,588,829
245.1 Transfer funds and 480 positions from the State Board of Pardons and Paroles' Parole Supervision program to the Department of Community Supervision's Field Services program.
State General Funds
($29,217,168) ($29,217,168) ($29,217,168)
2468
JOURNAL OF THE HOUSE
245.2 Transfer funds and four positions from the State Board of Pardons and Paroles to the Governor's Office of Transition, Support and Reentry.
State General Funds
($392,362)
($392,362)
($392,362)
245.98 Transfer funds and 20 positions from the Parole Supervision program to the Clemency Decisions program.
State General Funds Federal Funds Not Itemized Total Public Funds:
($2,173,249) ($806,050)
($2,979,299)
($2,173,249) ($806,050)
($2,979,299)
($2,173,249) ($806,050)
($2,979,299)
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
$482,110 $482,110 $482,110
$482,110 $482,110 $482,110
$482,110 $482,110 $482,110
246.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$13,276
$13,276
$13,276
246.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$638
$0
$156
246.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($4,048)
($4,048)
($4,048)
246.100-Victim Services
Appropriation (HB 751)
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
$491,976
$491,338
$491,494
State General Funds
$491,976
$491,338
$491,494
TOTAL PUBLIC FUNDS
$491,976
$491,338
$491,494
THURSDAY, MARCH 10, 2016
2469
Section 36: Properties Commission, State
Section Total - Continuation
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,750,000 $1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000 $1,750,000
Section Total - Final
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,750,000 $1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000 $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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $1,750,000 $1,750,000 $1,750,000 $1,750,000
$0 $0 $1,750,000 $1,750,000 $1,750,000 $1,750,000
$0 $0 $1,750,000 $1,750,000 $1,750,000 $1,750,000
247.100-Properties Commission, State
Appropriation (HB 751)
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 INTRA-STATE GOVERNMENT TRANSFERS
$1,750,000
$1,750,000
$1,750,000
2470
JOURNAL OF THE HOUSE
State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000
$1,750,000 $1,750,000 $1,750,000
Section 37: Public Defender 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
$48,021,765 $48,021,765
$48,021,765 $48,021,765
$340,000
$340,000
$340,000
$340,000
$340,000
$340,000
$48,361,765 $48,361,765
$48,021,765 $48,021,765
$340,000 $340,000 $340,000 $48,361,765
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
$51,964,011 $51,964,011
$340,000 $340,000 $340,000 $52,304,011
$52,401,414 $52,401,414
$340,000 $340,000 $340,000 $52,741,414
$51,377,677 $51,377,677
$340,000 $340,000 $340,000 $51,717,677
Public Defender 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
$7,097,779 $7,097,779
$340,000 $340,000 $340,000 $7,437,779
$7,097,779 $7,097,779
$340,000 $340,000 $340,000 $7,437,779
$7,097,779 $7,097,779
$340,000 $340,000 $340,000 $7,437,779
248.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$166,949
$166,949
$166,949
THURSDAY, MARCH 10, 2016
2471
248.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$2,079
$0
($738)
248.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$2,318
$2,318
$2,318
248.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$13,501
$13,501
$13,501
248.5 Increase funds to hire an additional trial team for the Georgia Capital Defender and assign the fact investigator to the Atlanta office. (H and S:YES; Reflect in the Public Defenders program)
State General Funds
$415,201
$0
$0
248.6 Increase funds for personnel for one additional attorney position for the Office of the Mental Health Advocate.
State General Funds
$113,976
$113,976
$113,976
248.7 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$59,354
$44,516
248.98 Change the name of the Public Defender Standards Council program to the Public Defender Council program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
248.100 -Public Defender Council
Appropriation (HB 751)
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
$7,811,803
$7,453,877
$7,438,301
State General Funds
$7,811,803
$7,453,877
$7,438,301
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
$8,151,803
$7,793,877
$7,778,301
2472
JOURNAL OF THE HOUSE
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
$40,923,986 $40,923,986 $40,923,986
$40,923,986 $40,923,986 $40,923,986
$40,923,986 $40,923,986 $40,923,986
249.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$978,931
$978,931
$978,931
249.2 Increase funds to reflect an adjustment in merit system assessments. (S:Reduce funds to reflect an adjustment in merit system assessments)
State General Funds
$12,190
$0
($4,326)
249.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$6,390
$6,390
$6,390
249.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$1,302
$1,302
$1,302
249.5 Increase funds to annualize an additional assistant public defender position to reflect a new judgeship in the Western judicial circuit per HB279 (2015 Session).
State General Funds
$54,132
$54,132
$54,132
249.6 Increase funds to annualize a five percent salary enhancement to circuit public defender salaries and a $6,000 accountability court supplement per HB279 (2015 Session).
State General Funds
$361,202
$361,202
$361,202
249.7 Increase funds to reflect an accountability court supplement for circuit public defenders for six newly established accountability courts in the following circuits per HB279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.
State General Funds
$55,829
$55,829
$55,829
249.8 Increase funds for salary and operations in accordance with the Cordele settlement agreement.
State General Funds
$118,000
$118,000
$118,000
THURSDAY, MARCH 10, 2016
2473
249.9 Increase funds for personnel for 20 additional juvenile public defenders. (S:Increase funds for personnel for 5 additional juvenile public defenders)
State General Funds
$1,640,246
$1,640,246
$410,062
249.10 Increase funds to hire an additional trial team for the Georgia Capital Defender and assign the fact investigator to the Atlanta office.
State General Funds
$415,201
$415,201
249.11 Reduce funds to reflect the savings associated with the purchase of new vehicles.
State General Funds
($163,715)
($163,715)
249.12 Increase funds for personnel for recruitment, retention, and career advancement of assistant public defenders.
State General Funds
$556,033
$741,376
249.13 Increase funds for additional assistant public defender position to reflect a new judgeship in the Clayton judicial circuit per HB804 (2016 Session).
State General Funds
$41,006
249.100 -Public Defenders
Appropriation (HB 751)
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
$44,152,208 $44,947,537 $43,939,376
State General Funds
$44,152,208 $44,947,537 $43,939,376
TOTAL PUBLIC FUNDS
$44,152,208 $44,947,537 $43,939,376
Section 38: 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
Section Total - Continuation
$240,708,804 $240,708,804
$225,532,377 $225,532,377
$13,717,860 $13,717,860
$1,458,567
$1,458,567
$395,911,567 $395,911,567
$366,238,853 $366,238,853
$16,864,606 $16,864,606
$240,708,804 $225,532,377 $13,717,860
$1,458,567 $395,911,567 $366,238,853 $16,864,606
2474
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
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$2,403,579 $10,404,529 $12,790,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,121,841 $4,121,841 $1,216,517 $771,517 $771,517 $445,000 $445,000 $650,627,430
$2,403,579 $10,404,529 $12,790,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,121,841 $4,121,841 $1,216,517 $771,517 $771,517 $445,000 $445,000 $650,627,430
$2,403,579 $10,404,529 $12,790,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,121,841 $4,121,841 $1,216,517 $771,517 $771,517 $445,000 $445,000 $650,627,430
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 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
Section Total - Final
$255,396,084 $240,352,289 $13,717,860
$1,325,935 $397,000,933 $367,328,219 $16,864,606
$2,403,579 $10,404,529 $12,790,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,121,841
$257,050,727 $242,006,932 $13,717,860
$1,325,935 $397,247,775 $367,328,219 $16,864,606
$246,842 $2,403,579 $10,404,529 $12,790,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,121,841
$260,926,974 $245,883,179 $13,717,860
$1,325,935 $397,000,933 $367,328,219 $16,864,606
$2,403,579 $10,404,529 $12,790,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,121,841
THURSDAY, MARCH 10, 2016
2475
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
$4,121,841 $1,216,517
$771,517 $771,517 $445,000 $445,000 $666,404,076
$4,121,841 $1,216,517
$771,517 $771,517 $445,000 $445,000 $668,305,561
$4,121,841 $1,216,517
$771,517 $771,517 $445,000 $445,000 $671,934,966
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
$10,643,994 $3,786,815 $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
$30,856,775
$10,643,994 $3,786,815 $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
$30,856,775
$10,643,994 $3,786,815 $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
$30,856,775
250.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$23,597
$23,597
$23,597
250.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$784
$0
$386
2476
JOURNAL OF THE HOUSE
250.3 Increase funds to provide for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover classes.
State General Funds
$2,337
$2,337
$5,617
250.4 Eliminate matching one-time funds for the Georgiacancerinfo.org website.
State General Funds
($75,000)
$0
($50,000)
250.5 Increase funds to replace federal funds.
State General Funds
$651,897
$651,897
250.6 Increase funds for the Positive Alternatives for Pregnancy and Parenting Grant Program.
State General Funds
$1,000,000
$2,000,000
250.7 Increase funds for the Biomedical Prevention Clinic.
State General Funds
$100,000
250.100-Adolescent and Adult Health Promotion
Appropriation (HB 751)
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
$10,595,712 $12,321,825 $13,375,491
State General Funds
$3,738,533
$5,464,646
$6,518,312
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
$30,808,493 $32,534,606 $33,588,272
THURSDAY, MARCH 10, 2016
2477
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
251.100 -Adult Essential Health Treatment Services
Appropriation (HB 751)
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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$22,381,455 $22,249,660
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,500,000 $3,500,000 $3,500,000
$635,517
$22,381,455 $22,249,660
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,500,000 $3,500,000 $3,500,000
$635,517
$22,381,455 $22,249,660
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,500,000 $3,500,000 $3,500,000
$635,517
2478
JOURNAL OF THE HOUSE
State Funds Transfers Agency to Agency Contracts
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$190,517 $190,517 $445,000 $445,000 $34,829,828
$190,517 $190,517 $445,000 $445,000 $34,829,828
$190,517 $190,517 $445,000 $445,000 $34,829,828
252.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$138,646
$138,646
$138,646
252.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$4,611
$0
$2,272
252.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($144,672)
($144,672)
($144,672)
252.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$25,346
$25,346
$25,346
252.5 Increase funds to provide an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$5,629
$5,629
$13,530
252.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$38,047
$28,535
252.7 Increase funds for telehealth maintenance and infrastructure.
State General Funds
$122,196
$122,196
252.100-Departmental Administration
Appropriation (HB 751)
The purpose of this appropriation is to provide administrative support to all departmental programs.
TOTAL STATE FUNDS
$22,411,015 $22,566,647 $22,567,308
State General Funds
$22,279,220 $22,434,852 $22,435,513
Tobacco Settlement Funds
$131,795
$131,795
$131,795
TOTAL FEDERAL FUNDS
$8,312,856
$8,312,856
$8,312,856
Federal Funds Not Itemized
$7,045,918
$7,045,918
$7,045,918
THURSDAY, MARCH 10, 2016
2479
Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,266,938 $3,500,000 $3,500,000 $3,500,000
$635,517 $190,517 $190,517 $445,000 $445,000 $34,859,388
$1,266,938 $3,500,000 $3,500,000 $3,500,000
$635,517 $190,517 $190,517 $445,000 $445,000 $35,015,020
$1,266,938 $3,500,000 $3,500,000 $3,500,000
$635,517 $190,517 $190,517 $445,000 $445,000 $35,015,681
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
$2,584,725 $2,584,725 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,432,174
$2,584,725 $2,584,725 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,432,174
$2,584,725 $2,584,725 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,432,174
253.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$16,106
$16,106
$16,106
253.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$536
$0
$264
2480
JOURNAL OF THE HOUSE
253.100-Emergency Preparedness / Trauma System Improvement
Appropriation (HB 751)
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
$2,601,367
$2,600,831
$2,601,095
State General Funds
$2,601,367
$2,600,831
$2,601,095
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
$26,448,816 $26,448,280 $26,448,544
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
$4,562,622 $4,446,985
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,337,121
$4,562,622 $4,446,985
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,337,121
$4,562,622 $4,446,985
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,337,121
254.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$27,711
$27,711
$27,711
THURSDAY, MARCH 10, 2016
2481
254.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$922
$0
$454
254.3 Increase funds for the Georgia Poison Center to support additional staffing needs.
State General Funds
$100,000
$0
254.4 Increase funds for the Georgia Poison Center for a telephone-based stroke support program for pre-hospital providers.
State General Funds
$100,000
$0
254.100 -Epidemiology
Appropriation (HB 751)
The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.
TOTAL STATE FUNDS
$4,591,255
$4,790,333
$4,590,787
State General Funds
$4,475,618
$4,674,696
$4,475,150
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
$11,365,754 $11,564,832 $11,365,286
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
$2,527,706 $2,527,706 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,238,894
$2,527,706 $2,527,706 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,238,894
$2,527,706 $2,527,706 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,238,894
2482
JOURNAL OF THE HOUSE
255.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$15,751
$15,751
$15,751
255.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$524
$0
$258
255.100 -Immunization
Appropriation (HB 751)
The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance.
TOTAL STATE FUNDS
$2,543,981
$2,543,457
$2,543,715
State General Funds
$2,543,981
$2,543,457
$2,543,715
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
$9,255,169
$9,254,645
$9,254,903
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$21,122,570 $21,122,570 $22,745,978 $14,008,298
$8,605,171 $132,509
$3,618,978 $84,403 $84,403
$3,534,575 $3,534,575 $47,487,526
$21,122,570 $21,122,570 $22,745,978 $14,008,298
$8,605,171 $132,509
$3,618,978 $84,403 $84,403
$3,534,575 $3,534,575 $47,487,526
$21,122,570 $21,122,570 $22,745,978 $14,008,298
$8,605,171 $132,509
$3,618,978 $84,403 $84,403
$3,534,575 $3,534,575 $47,487,526
THURSDAY, MARCH 10, 2016
2483
256.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$131,623
$131,623
$131,623
256.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$4,378
$0
$2,157
256.3 Eliminate one-time funds for the Georgia Comprehensive Sickle Cell Center.
State General Funds
($50,000)
$0
$0
256.4 Increase funds to provide therapies for children with congenital disorders pursuant to O.C.G.A. 31-12-6. (H and S:YES; Provide funds for therapies for individuals with congenital disorders pursuant to O.C.G.A. 31-12-6)
State General Funds
$1,722,240
$1,722,240
$1,722,240
256.5 Transfer the Maternal and Infant Early Childhood Home Visitation (MIECHV) grant funds from the Child Abuse and Neglect Prevention program to the Infant and Child Essential Health Treatment Services program in the Department of Public Health for home visiting services.
Federal Funds Not Itemized
$1,089,366
$1,089,366
$1,089,366
256.6 Increase funds for the Medical College of Georgia Sickle Cell Center at Augusta University.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$117,178
$0
$246,842
$0
$364,020
$0
256.100-Infant and Child Essential Health Treatment Services
Appropriation (HB 751)
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
$22,930,811 $23,093,611 $22,978,590
State General Funds
$22,930,811 $23,093,611 $22,978,590
TOTAL FEDERAL FUNDS
$23,835,344 $24,082,186 $23,835,344
Federal Funds Not Itemized
$15,097,664 $15,097,664 $15,097,664
Maternal & Child Health Services Block Grant CFDA93.994
$8,605,171
$8,605,171
$8,605,171
Medical Assistance Program CFDA93.778
$246,842
Preventive Health & Health Services Block Grant CFDA93.991
$132,509
$132,509
$132,509
TOTAL AGENCY FUNDS
$3,618,978
$3,618,978
$3,618,978
Contributions, Donations, and Forfeitures
$84,403
$84,403
$84,403
Contributions, Donations, and Forfeitures Not Itemized
$84,403
$84,403
$84,403
2484
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,534,575 $3,534,575 $50,385,133
$3,534,575 $3,534,575 $50,794,775
$3,534,575 $3,534,575 $50,432,912
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
$12,838,479 $12,838,479 $263,629,246 $256,236,639
$7,392,607 $86,587 $86,587 $86,587
$276,554,312
$12,838,479 $12,838,479 $263,629,246 $256,236,639
$7,392,607 $86,587 $86,587 $86,587
$276,554,312
$12,838,479 $12,838,479 $263,629,246 $256,236,639
$7,392,607 $86,587 $86,587 $86,587
$276,554,312
257.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$80,001
$80,001
$80,001
257.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,661
$0
$1,311
257.3 Eliminate one-time funds for the Rally Foundation for Childhood Cancer Research.
State General Funds
($25,000)
($25,000)
($25,000)
257.100 -Infant and Child Health Promotion
Appropriation (HB 751)
The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.
TOTAL STATE FUNDS
$12,896,141 $12,893,480 $12,894,791
State General Funds
$12,896,141 $12,893,480 $12,894,791
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
THURSDAY, MARCH 10, 2016
2485
Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS
$86,587
$86,587
$86,587
$276,611,974 $276,609,313 $276,610,624
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
$31,696,391 $31,696,391 $47,927,661 $47,927,661
$13,009 $13,009 $13,009 $79,637,061
$31,696,391 $31,696,391 $47,927,661 $47,927,661
$13,009 $13,009 $13,009 $79,637,061
$31,696,391 $31,696,391 $47,927,661 $47,927,661
$13,009 $13,009 $13,009 $79,637,061
258.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$197,512
$197,512
$197,512
258.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$6,569
$0
$3,237
258.3 Increase funds for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$15,161
$15,161
$36,442
258.100 -Infectious Disease Control
Appropriation (HB 751)
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
$31,915,633 $31,909,064 $31,933,582
State General Funds
$31,915,633 $31,909,064 $31,933,582
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
2486
JOURNAL OF THE HOUSE
Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS
$13,009 $79,856,303
$13,009 $79,849,734
$13,009 $79,874,252
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
$3,776,351 $3,776,351
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,848,548
$3,776,351 $3,776,351
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,848,548
$3,776,351 $3,776,351
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,848,548
259.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$23,532
$23,532
$23,532
259.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$783
$0
$386
259.100-Inspections and Environmental Hazard Control
Appropriation (HB 751)
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
$3,800,666
$3,799,883
$3,800,269
State General Funds
$3,800,666
$3,799,883
$3,800,269
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
THURSDAY, MARCH 10, 2016
2487
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$561,134 $4,872,863
$561,134 $4,872,080
$561,134 $4,872,466
Office for Children and Families
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
260.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$2,923
$2,923
$2,923
260.98 Transfer funds for supporting Georgia's children and families from the Governor's Office for Children and Families program to the Office for Children and Families program in the Department of Public Health.
State General Funds
$824,505
$824,505
$824,505
260.99 SAC: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. House: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Governor: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.
State General Funds
$0
$0
$0
260.100-Office for Children and Families
Appropriation (HB 751)
The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to
families.
TOTAL STATE FUNDS
$827,428
$827,428
$827,428
State General Funds
$827,428
$827,428
$827,428
TOTAL PUBLIC FUNDS
$827,428
$827,428
$827,428
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.
2488
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$100,343,948 $100,343,948 $100,343,948
$100,343,948 $100,343,948 $100,343,948
$100,343,948 $100,343,948 $100,343,948
261.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$7,300,606
$7,300,606
$7,300,606
261.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$20,797
$0
$10,248
261.3 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$29,812
$29,812
$29,812
261.4 Increase funds to complete the phase-in of the new general grant-in-aid formula to hold harmless all counties. (H and S:Increase funds for the sixth year phase-in of the new grant-in-aid formula to hold harmless all counties)
State General Funds
$2,128,606
$1,388,991
$1,388,991
261.5 Increase funds to provide for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$1,799,852
$1,799,852
$4,326,243
261.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$184,080
$138,060
261.7 Increase funds to provide for an additional salary increase for Licensed Practical Nurses to address recruitment and retention issues in the highest turnover job classes.
State General Funds
$618,167
261.100 -Public Health Formula Grants to Counties
Appropriation (HB 751)
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
$111,623,621 $111,047,289 $114,156,075
State General Funds
$111,623,621 $111,047,289 $114,156,075
TOTAL PUBLIC FUNDS
$111,623,621 $111,047,289 $114,156,075
THURSDAY, MARCH 10, 2016
2489
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
$3,786,253 $3,786,253
$530,680 $530,680 $4,316,933
$3,786,253 $3,786,253
$530,680 $530,680 $4,316,933
$3,786,253 $3,786,253
$530,680 $530,680 $4,316,933
262.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$23,594
$23,594
$23,594
262.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$785
$0
$387
262.3 Increase funds to provide for new Vital Records facility real estate rent.
State General Funds
$522,725
$522,725
$522,725
262.100-Vital Records
Appropriation (HB 751)
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
$4,333,357
$4,332,572
$4,332,959
State General Funds
$4,333,357
$4,332,572
$4,332,959
TOTAL FEDERAL FUNDS
$530,680
$530,680
$530,680
Federal Funds Not Itemized
$530,680
$530,680
$530,680
TOTAL PUBLIC FUNDS
$4,864,037
$4,863,252
$4,863,639
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
$1,458,567 $0
$1,458,567 $0
$1,458,567 $0
2490
JOURNAL OF THE HOUSE
Brain & Spinal Injury Trust Fund TOTAL PUBLIC FUNDS
$1,458,567 $1,458,567
$1,458,567 $1,458,567
263.1 Reduce funds to reflect FY2015 collections.
Brain & Spinal Injury Trust Fund
($132,632)
($132,632)
263.2 Utilize prior year funds of $132,632 to maintain budget at current level. (G:YES)(H:YES)(S:YES)
Reserved Fund Balances Not Itemized
$0
$0
$1,458,567 $1,458,567
($132,632)
$0
263.100 -Brain and Spinal Injury Trust Fund
Appropriation (HB 751)
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
$1,325,935
$1,325,935
$1,325,935
Brain & Spinal Injury Trust Fund
$1,325,935
$1,325,935
$1,325,935
TOTAL PUBLIC FUNDS
$1,325,935
$1,325,935
$1,325,935
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
$16,372,494 $16,372,494 $16,372,494
$16,372,494 $16,372,494 $16,372,494
$16,372,494 $16,372,494 $16,372,494
264.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$12,629
$12,629
$12,629
264.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$790
$0
$577
264.100-Georgia Trauma Care Network Commission
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2491
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section 39: Public Safety, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements
$16,385,913 $16,385,913 $16,385,913
$16,385,123 $16,385,123 $16,385,123
$16,385,700 $16,385,700 $16,385,700
Section Total - Continuation
$143,525,522 $143,525,522
$143,525,522 $143,525,522
$23,504,462 $23,504,462
$23,504,462 $23,504,462
$28,355,052 $28,355,052
$13,541,314 $13,541,314
$13,541,314 $13,541,314
$3,000
$3,000
$3,000
$3,000
$13,960,738 $13,960,738
$13,960,738 $13,960,738
$850,000
$850,000
$850,000
$850,000
$289,180
$289,180
$289,180
$289,180
$289,180
$289,180
$195,674,216 $195,674,216
$143,525,522 $143,525,522 $23,504,462 $23,504,462 $28,355,052 $13,541,314 $13,541,314
$3,000 $3,000 $13,960,738 $13,960,738 $850,000 $850,000 $289,180 $289,180 $289,180 $195,674,216
Section Total - Final
$150,900,387 $150,900,387 $23,504,462 $23,504,462 $28,355,052 $13,541,314 $13,541,314
$3,000
$150,816,181 $150,816,181 $23,504,462 $23,504,462 $28,355,052 $13,541,314 $13,541,314
$3,000
$150,824,729 $150,824,729 $23,504,462 $23,504,462 $28,355,052 $13,541,314 $13,541,314
$3,000
2492
JOURNAL OF THE HOUSE
Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Sales and Services Not Itemized Sanctions, Fines, and Penalties
Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$3,000 $13,960,738 $13,960,738
$850,000 $850,000 $289,180 $289,180 $289,180 $203,049,081
$3,000 $13,960,738 $13,960,738
$850,000 $850,000 $289,180 $289,180 $289,180 $202,964,875
$3,000 $13,960,738 $13,960,738
$850,000 $850,000 $289,180 $289,180 $289,180 $202,973,423
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,104,714 $4,104,714
$10,034 $10,034 $100,000 $100,000 $100,000 $4,214,748
$4,104,714 $4,104,714
$10,034 $10,034 $100,000 $100,000 $100,000 $4,214,748
$4,104,714 $4,104,714
$10,034 $10,034 $100,000 $100,000 $100,000 $4,214,748
265.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$60,286
$60,286
$60,286
265.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,841
$0
$824
265.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$5,600
$5,600
$5,600
265.4 Reduce funds for one-time funding for the Perry Airport hangar.
State General Funds
($150,000)
($150,000)
THURSDAY, MARCH 10, 2016
2493
265.100 -Aviation
Appropriation (HB 751)
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
$4,172,441
$4,020,600
$4,021,424
State General Funds
$4,172,441
$4,020,600
$4,021,424
TOTAL FEDERAL FUNDS
$10,034
$10,034
$10,034
Federal Funds Not Itemized
$10,034
$10,034
$10,034
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
$4,282,475
$4,130,634
$4,131,458
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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $8,143,321 $190,000 $190,000 $7,953,321 $7,953,321 $8,143,321
$0 $0 $8,143,321 $190,000 $190,000 $7,953,321 $7,953,321 $8,143,321
$0 $0 $8,143,321 $190,000 $190,000 $7,953,321 $7,953,321 $8,143,321
266.100 -Capitol Police Services
Appropriation (HB 751)
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
$8,143,321
$8,143,321
$8,143,321
2494
JOURNAL OF THE HOUSE
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$190,000 $190,000 $7,953,321 $7,953,321 $8,143,321
$190,000 $190,000 $7,953,321 $7,953,321 $8,143,321
$190,000 $190,000 $7,953,321 $7,953,321 $8,143,321
Departmental Administration
Continuation Budget
The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents
and visitors to our state.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$8,690,701 $8,690,701
$5,571 $5,571 $3,510 $3,510 $3,510 $8,699,782
$8,690,701 $8,690,701
$5,571 $5,571 $3,510 $3,510 $3,510 $8,699,782
$8,690,701 $8,690,701
$5,571 $5,571 $3,510 $3,510 $3,510 $8,699,782
267.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$223,769
$223,769
$223,769
267.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$6,835
$0
$3,060
267.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$24,442
$24,442
$24,442
267.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$11,710
$11,710
$11,710
267.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$104,000
$78,000
THURSDAY, MARCH 10, 2016
2495
267.100-Departmental Administration
Appropriation (HB 751)
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
$8,957,457
$9,054,622
$9,031,682
State General Funds
$8,957,457
$9,054,622
$9,031,682
TOTAL FEDERAL FUNDS
$5,571
$5,571
$5,571
Federal Funds Not Itemized
$5,571
$5,571
$5,571
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
$8,966,538
$9,063,703
$9,040,763
Field Offices and Services
Continuation Budget
The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's
Uniform Division, and support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction
Unit, the Crisis Negotiations Team, the Special Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office,
the Special Weapons and Tactics (SWAT) Unit, and the Training Unit.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS
$101,817,527 $101,817,527
$1,888,148 $1,888,148 $8,548,708 $7,677,456 $7,677,456
$21,252 $21,252 $850,000 $850,000 $112,254,383
$101,817,527 $101,817,527
$1,888,148 $1,888,148 $8,548,708 $7,677,456 $7,677,456
$21,252 $21,252 $850,000 $850,000 $112,254,383
$101,817,527 $101,817,527
$1,888,148 $1,888,148 $8,548,708 $7,677,456 $7,677,456
$21,252 $21,252 $850,000 $850,000 $112,254,383
268.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$2,598,043
$2,598,043
$2,598,043
2496
JOURNAL OF THE HOUSE
268.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$79,354
$0
$35,522
268.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$339,557
$339,557
$339,557
268.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$13,964
$13,964
$13,964
268.5 Increase funds for a 50 man trooper school.
State General Funds
$2,844,172
$2,844,172
$2,844,172
268.100-Field Offices and Services
Appropriation (HB 751)
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
$107,692,617 $107,613,263 $107,648,785
State General Funds
$107,692,617 $107,613,263 $107,648,785
TOTAL FEDERAL FUNDS
$1,888,148
$1,888,148
$1,888,148
Federal Funds Not Itemized
$1,888,148
$1,888,148
$1,888,148
TOTAL AGENCY FUNDS
$8,548,708
$8,548,708
$8,548,708
Intergovernmental Transfers
$7,677,456
$7,677,456
$7,677,456
Intergovernmental Transfers Not Itemized
$7,677,456
$7,677,456
$7,677,456
Sales and Services
$21,252
$21,252
$21,252
Sales and Services Not Itemized
$21,252
$21,252
$21,252
Sanctions, Fines, and Penalties
$850,000
$850,000
$850,000
Sanctions, Fines, and Penalties Not Itemized
$850,000
$850,000
$850,000
TOTAL PUBLIC FUNDS
$118,129,473 $118,050,119 $118,085,641
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
THURSDAY, MARCH 10, 2016
2497
buses, and large passenger vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction enforcement.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$10,073,561 $10,073,561
$2,627,825 $2,627,825 $4,799,536
$593,069 $593,069
$3,000 $3,000 $4,203,467 $4,203,467 $90,000 $90,000 $90,000 $17,590,922
$10,073,561 $10,073,561
$2,627,825 $2,627,825 $4,799,536
$593,069 $593,069
$3,000 $3,000 $4,203,467 $4,203,467 $90,000 $90,000 $90,000 $17,590,922
$10,073,561 $10,073,561
$2,627,825 $2,627,825 $4,799,536
$593,069 $593,069
$3,000 $3,000 $4,203,467 $4,203,467 $90,000 $90,000 $90,000 $17,590,922
269.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$309,243
$309,243
$309,243
269.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$9,445
$0
$4,228
269.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$73,487
$73,487
$73,487
269.100-Motor Carrier Compliance
Appropriation (HB 751)
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.
2498
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$10,465,736 $10,465,736
$2,627,825 $2,627,825 $4,799,536
$593,069 $593,069
$3,000 $3,000 $4,203,467 $4,203,467 $90,000 $90,000 $90,000 $17,983,097
$10,456,291 $10,456,291
$2,627,825 $2,627,825 $4,799,536
$593,069 $593,069
$3,000 $3,000 $4,203,467 $4,203,467 $90,000 $90,000 $90,000 $17,973,652
$10,460,519 $10,460,519
$2,627,825 $2,627,825 $4,799,536
$593,069 $593,069
$3,000 $3,000 $4,203,467 $4,203,467 $90,000 $90,000 $90,000 $17,977,880
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
$695,864 $695,864 $695,864
$695,864 $695,864 $695,864
$695,864 $695,864 $695,864
270.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$12,055
$12,055
$12,055
270.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$243
$0
$39
270.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($2,239)
($2,239)
($2,239)
THURSDAY, MARCH 10, 2016
2499
270.4 Increase funds for one compliance and evaluation position.
State General Funds
$70,000
$70,000
270.5 Utilize existing funds for information technology and operations. (H:YES)(S:Increase funds for information technology and operations)
State General Funds
$0
$66,200
270.100-Firefighter Standards and Training Council, Georgia
Appropriation (HB 751)
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
$705,923
$775,680
$841,919
State General Funds
$705,923
$775,680
$841,919
TOTAL PUBLIC FUNDS
$705,923
$775,680
$841,919
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
$3,494,886 $3,494,886 $17,912,078 $17,912,078
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,943,246
$3,494,886 $3,494,886 $17,912,078 $17,912,078
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,943,246
$3,494,886 $3,494,886 $17,912,078 $17,912,078
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,943,246
271.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$11,355
$11,355
$11,355
2500
JOURNAL OF THE HOUSE
271.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$364
$0
$172
271.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($462)
($462)
($462)
271.100 -Highway Safety, Office of
Appropriation (HB 751)
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
$3,506,143
$3,505,779
$3,505,951
State General Funds
$3,506,143
$3,505,779
$3,505,951
TOTAL FEDERAL FUNDS
$17,912,078 $17,912,078 $17,912,078
Federal Funds Not Itemized
$17,912,078 $17,912,078 $17,912,078
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
$21,954,503 $21,954,139 $21,954,311
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 PUBLIC FUNDS
$2,904,319 $2,904,319 $2,904,319
$2,904,319 $2,904,319 $2,904,319
$2,904,319 $2,904,319 $2,904,319
272.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$68,754
$68,754
$68,754
THURSDAY, MARCH 10, 2016
2501
272.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,623
$0
$1,463
272.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($8,152)
($8,152)
($8,152)
272.4 Increase funds for personnel for one curriculum development position. (S:Increase funds for stipends for curriculum development by subject area experts)
State General Funds
$105,816
$105,816
$50,000
272.5 Reduce funds for one-time funding for the purchase of one vehicle.
State General Funds
($24,000)
272.100 -Peace Officer Standards and Training Council, Georgia
Appropriation (HB 751)
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
$3,073,360
$3,070,737
$2,992,384
State General Funds
$3,073,360
$3,070,737
$2,992,384
TOTAL PUBLIC FUNDS
$3,073,360
$3,070,737
$2,992,384
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
$11,743,950 $11,743,950
$1,060,806 $1,060,806 $6,422,875 $5,080,789 $5,080,789 $1,342,086
$11,743,950 $11,743,950
$1,060,806 $1,060,806 $6,422,875 $5,080,789 $5,080,789 $1,342,086
$11,743,950 $11,743,950
$1,060,806 $1,060,806 $6,422,875 $5,080,789 $5,080,789 $1,342,086
2502
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$1,342,086 $19,227,631
$1,342,086 $19,227,631
$1,342,086 $19,227,631
273.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$275,332
$275,332
$275,332
273.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$7,501
$0
$2,856
273.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($10,753)
($10,753)
($10,753)
273.4 Increase funds for training courses at the Fire Academy.
State General Funds
$240,000
$240,000
$240,000
273.5 Increase funds for operations at the Columbia County and Rome academies.
State General Funds
$70,680
$70,680
$70,680
273.100-Public Safety Training Center, Georgia
Appropriation (HB 751)
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
$12,326,710 $12,319,209 $12,322,065
State General Funds
$12,326,710 $12,319,209 $12,322,065
TOTAL FEDERAL FUNDS
$1,060,806
$1,060,806
$1,060,806
Federal Funds Not Itemized
$1,060,806
$1,060,806
$1,060,806
TOTAL AGENCY FUNDS
$6,422,875
$6,422,875
$6,422,875
Intergovernmental Transfers
$5,080,789
$5,080,789
$5,080,789
Intergovernmental Transfers Not Itemized
$5,080,789
$5,080,789
$5,080,789
Sales and Services
$1,342,086
$1,342,086
$1,342,086
Sales and Services Not Itemized
$1,342,086
$1,342,086
$1,342,086
TOTAL PUBLIC FUNDS
$19,810,391 $19,802,890 $19,805,746
THURSDAY, MARCH 10, 2016
2503
Section 40: Public Service Commission
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$8,482,398
$8,482,398
$8,482,398
$8,482,398
$1,343,100
$1,343,100
$1,343,100
$1,343,100
$9,825,498
$9,825,498
$8,482,398 $8,482,398 $1,343,100 $1,343,100 $9,825,498
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$9,187,752 $9,187,752 $1,343,100 $1,343,100 $10,530,852
$9,186,043 $9,186,043 $1,343,100 $1,343,100 $10,529,143
$9,189,054 $9,189,054 $1,343,100 $1,343,100 $10,532,154
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
$1,299,406 $1,299,406
$83,500 $83,500 $1,382,906
$1,299,406 $1,299,406
$83,500 $83,500 $1,382,906
$1,299,406 $1,299,406
$83,500 $83,500 $1,382,906
274.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$32,028
$32,028
$32,028
274.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,207
$0
$667
274.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($22)
($22)
($22)
274.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$148
$148
$148
2504
JOURNAL OF THE HOUSE
274.5 Increase funds for personnel for one operations support analyst.
State General Funds
$113,977
$113,977
$113,977
274.6 Retain funds for one-time funding for information technology. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
274.7 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$6,839
$5,129
274.100-Commission Administration
Appropriation (HB 751)
The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.
TOTAL STATE FUNDS
$1,446,744
$1,452,376
$1,451,333
State General Funds
$1,446,744
$1,452,376
$1,451,333
TOTAL FEDERAL FUNDS
$83,500
$83,500
$83,500
Federal Funds Not Itemized
$83,500
$83,500
$83,500
TOTAL PUBLIC FUNDS
$1,530,244
$1,535,876
$1,534,833
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
$1,048,728 $1,048,728 $1,231,100 $1,231,100 $2,279,828
$1,048,728 $1,048,728 $1,231,100 $1,231,100 $2,279,828
$1,048,728 $1,048,728 $1,231,100 $1,231,100 $2,279,828
275.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$50,656
$50,656
$50,656
275.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,909
$0
$1,054
THURSDAY, MARCH 10, 2016
2505
275.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($2,653)
($2,653)
($2,653)
275.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$297
$297
$297
275.100-Facility Protection
Appropriation (HB 751)
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
$1,098,937
$1,097,028
$1,098,082
State General Funds
$1,098,937
$1,097,028
$1,098,082
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
$2,330,037
$2,328,128
$2,329,182
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
$6,134,264 $6,134,264
$28,500 $28,500 $6,162,764
$6,134,264 $6,134,264
$28,500 $28,500 $6,162,764
$6,134,264 $6,134,264
$28,500 $28,500 $6,162,764
276.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$144,153
$144,153
$144,153
276.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$5,432
$0
$3,000
2506
JOURNAL OF THE HOUSE
276.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($688)
($688)
($688)
276.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$697
$697
$697
276.5 Increase funds for personnel for three utilities analysts ($317,507) and for the recruitment of one engineer analyst ($40,706).
State General Funds
$358,213
$358,213
$358,213
276.100 -Utilities Regulation
Appropriation (HB 751)
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
$6,642,071
$6,636,639
$6,639,639
State General Funds
$6,642,071
$6,636,639
$6,639,639
TOTAL FEDERAL FUNDS
$28,500
$28,500
$28,500
Federal Funds Not Itemized
$28,500
$28,500
$28,500
TOTAL PUBLIC FUNDS
$6,670,571
$6,665,139
$6,668,139
Section 41: Regents, University System of Georgia
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 Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Section Total - Continuation
$2,020,395,691 $2,020,395,691 $2,020,395,691
$2,020,148,533 $2,020,148,533 $2,020,148,533
$247,158
$247,158
$247,158
$5,079,267,165 $5,079,267,165 $5,079,267,165
$4,466,022
$4,466,022
$4,466,022
$4,466,022
$4,466,022
$4,466,022
$2,562,197,217 $2,562,197,217 $2,562,197,217
$2,057,910,748 $2,057,910,748 $2,057,910,748
$504,286,469 $504,286,469 $504,286,469
$268,751,033 $268,751,033 $268,751,033
$268,751,033 $268,751,033 $268,751,033
THURSDAY, MARCH 10, 2016
2507
Sales and Services Record Center Storage Fees Sales and Services Not Itemized Tuition and Fees for Higher Education
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 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$2,243,852,893 $606,000
$302,961,179 $1,940,285,714
$8,479,598 $2,996,556 $2,996,556 $5,483,042 $5,483,042 $7,108,142,454
$2,243,852,893 $606,000
$302,961,179 $1,940,285,714
$8,479,598 $2,996,556 $2,996,556 $5,483,042 $5,483,042 $7,108,142,454
$2,243,852,893 $606,000
$302,961,179 $1,940,285,714
$8,479,598 $2,996,556 $2,996,556 $5,483,042 $5,483,042 $7,108,142,454
Section Total - Final
$2,120,750,337 $2,120,750,337 $5,079,267,165
$4,466,022 $4,466,022 $2,562,197,217 $2,057,910,748 $504,286,469 $268,751,033 $268,751,033 $2,243,852,893
$606,000 $302,961,179 $1,940,285,714
$8,479,598 $2,996,556 $2,996,556 $5,483,042 $5,483,042 $7,208,497,100
$2,128,556,424 $2,128,556,424 $5,079,267,165
$4,466,022 $4,466,022 $2,562,197,217 $2,057,910,748 $504,286,469 $268,751,033 $268,751,033 $2,243,852,893
$606,000 $302,961,179 $1,940,285,714
$8,479,598 $2,996,556 $2,996,556 $5,483,042 $5,483,042 $7,216,303,187
$2,137,955,764 $2,137,955,764 $5,079,267,165
$4,466,022 $4,466,022 $2,562,197,217 $2,057,910,748 $504,286,469 $268,751,033 $268,751,033 $2,243,852,893
$606,000 $302,961,179 $1,940,285,714
$8,479,598 $2,996,556 $2,996,556 $5,483,042 $5,483,042 $7,225,702,527
2508
JOURNAL OF THE HOUSE
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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$38,494,527 $38,494,527 $32,069,877 $22,000,000 $22,000,000
$2,000,000 $2,000,000 $8,069,877 $8,069,877 $5,483,042 $5,483,042 $5,483,042 $76,047,446
$38,494,527 $38,494,527 $32,069,877 $22,000,000 $22,000,000
$2,000,000 $2,000,000 $8,069,877 $8,069,877 $5,483,042 $5,483,042 $5,483,042 $76,047,446
$38,494,527 $38,494,527 $32,069,877 $22,000,000 $22,000,000
$2,000,000 $2,000,000 $8,069,877 $8,069,877 $5,483,042 $5,483,042 $5,483,042 $76,047,446
277.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$755,160
$755,160
$755,160
277.2 Transfer funds from the Agricultural Experiment Station program to the Cooperative Extension Service program to reflect shared personnel costs.
State General Funds
($738,500)
($738,500)
($738,500)
277.3 Increase funds for a ruminant nutritionist ($168,000) and a row crop physiologist ($168,000). (S:Increase funds for a ruminant nutritionist)
State General Funds
$336,000
$168,000
277.100-Agricultural Experiment Station
Appropriation (HB 751)
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
$38,511,187 $38,847,187 $38,679,187
State General Funds
$38,511,187 $38,847,187 $38,679,187
TOTAL AGENCY FUNDS
$32,069,877 $32,069,877 $32,069,877
THURSDAY, MARCH 10, 2016
2509
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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$22,000,000 $22,000,000
$2,000,000 $2,000,000 $8,069,877 $8,069,877 $5,483,042 $5,483,042 $5,483,042 $76,064,106
$22,000,000 $22,000,000
$2,000,000 $2,000,000 $8,069,877 $8,069,877 $5,483,042 $5,483,042 $5,483,042 $76,400,106
$22,000,000 $22,000,000
$2,000,000 $2,000,000 $8,069,877 $8,069,877 $5,483,042 $5,483,042 $5,483,042 $76,232,106
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$0 $0 $2,788,717 $375,000 $375,000 $2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $5,785,273
$0 $0 $2,788,717 $375,000 $375,000 $2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $5,785,273
$0 $0 $2,788,717 $375,000 $375,000 $2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $5,785,273
278.100 -Athens and Tifton Veterinary Laboratories
Appropriation (HB 751)
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
$2,788,717 $375,000
$2,788,717 $375,000
$2,788,717 $375,000
2510
JOURNAL OF THE HOUSE
University System of Georgia Research Funds Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$375,000 $2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $5,785,273
$375,000 $2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $5,785,273
$375,000 $2,413,717 $2,413,717 $2,996,556 $2,996,556 $2,996,556 $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
$32,287,418 $32,287,418 $31,333,929 $10,000,000 $10,000,000
$8,083,929 $8,083,929 $13,250,000 $13,250,000 $63,621,347
$32,287,418 $32,287,418 $31,333,929 $10,000,000 $10,000,000
$8,083,929 $8,083,929 $13,250,000 $13,250,000 $63,621,347
$32,287,418 $32,287,418 $31,333,929 $10,000,000 $10,000,000
$8,083,929 $8,083,929 $13,250,000 $13,250,000 $63,621,347
279.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$706,981
$706,981
$706,981
279.2 Transfer funds from the Agricultural Experiment Station program to the Cooperative Extension Service program to reflect shared personnel costs.
State General Funds
$738,500
$738,500
$738,500
279.3 Increase funds for personnel for a viticulturist ($168,000), a grain crop agronomist ($168,000) and a vegetable pathologist ($168,000). (S:Increase funds for a vegetable pathologist)
State General Funds
$504,000
$168,000
279.4 Increase funds for personnel for 12 extension agents. (S:Increase funds for personnel for 6 extension agents)
State General Funds
$720,000
$360,000
THURSDAY, MARCH 10, 2016
2511
279.100 -Cooperative Extension Service
Appropriation (HB 751)
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
$33,732,899 $34,956,899 $34,260,899
State General Funds
$33,732,899 $34,956,899 $34,260,899
TOTAL AGENCY FUNDS
$31,333,929 $31,333,929 $31,333,929
Intergovernmental Transfers
$10,000,000 $10,000,000 $10,000,000
University System of Georgia Research Funds
$10,000,000 $10,000,000 $10,000,000
Rebates, Refunds, and Reimbursements
$8,083,929
$8,083,929
$8,083,929
Rebates, Refunds, and Reimbursements Not Itemized
$8,083,929
$8,083,929
$8,083,929
Sales and Services
$13,250,000 $13,250,000 $13,250,000
Sales and Services Not Itemized
$13,250,000 $13,250,000 $13,250,000
TOTAL PUBLIC FUNDS
$65,066,828 $66,290,828 $65,594,828
Enterprise Innovation Institute
Continuation Budget
The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best business
practices and technology-driven economic development, and to provide the state share to federal incentive and assistance programs
for entrepreneurs and innovative businesses.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$8,590,935 $8,590,935 $10,900,000 $8,000,000 $8,000,000 $1,400,000 $1,400,000 $1,500,000 $1,500,000 $19,490,935
$8,590,935 $8,590,935 $10,900,000 $8,000,000 $8,000,000 $1,400,000 $1,400,000 $1,500,000 $1,500,000 $19,490,935
$8,590,935 $8,590,935 $10,900,000 $8,000,000 $8,000,000 $1,400,000 $1,400,000 $1,500,000 $1,500,000 $19,490,935
280.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$163,600
$163,600
$163,600
2512
JOURNAL OF THE HOUSE
280.2 Increase funds for Invest Georgia and the Advanced Technology Development Center. State General Funds
$10,588,143
280.100 -Enterprise Innovation Institute
Appropriation (HB 751)
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
$8,754,535
$8,754,535 $19,342,678
State General Funds
$8,754,535
$8,754,535 $19,342,678
TOTAL AGENCY FUNDS
$10,900,000 $10,900,000 $10,900,000
Intergovernmental Transfers
$8,000,000
$8,000,000
$8,000,000
Intergovernmental Transfers Not Itemized
$8,000,000
$8,000,000
$8,000,000
Rebates, Refunds, and Reimbursements
$1,400,000
$1,400,000
$1,400,000
Rebates, Refunds, and Reimbursements Not Itemized
$1,400,000
$1,400,000
$1,400,000
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
$19,654,535 $19,654,535 $30,242,678
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
$810,431 $810,431 $575,988 $475,988 $475,988 $100,000 $100,000 $1,386,419
$810,431 $810,431 $575,988 $475,988 $475,988 $100,000 $100,000 $1,386,419
$810,431 $810,431 $575,988 $475,988 $475,988 $100,000 $100,000 $1,386,419
281.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$13,471
$13,471
$13,471
THURSDAY, MARCH 10, 2016
2513
281.2 Increase funds for travel and operations for extension agents. State General Funds
$30,000
$30,000
281.100-Forestry Cooperative Extension
Appropriation (HB 751)
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
$823,902
$853,902
$853,902
State General Funds
$823,902
$853,902
$853,902
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
$1,399,890
$1,429,890
$1,429,890
Forestry Research
Continuation Budget
The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management
and to assist non-industrial forest landowners and natural resources professionals in complying with state and federal regulations.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,660,386 $2,660,386 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634 $659,792 $659,792 $12,910,812
$2,660,386 $2,660,386 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634 $659,792 $659,792 $12,910,812
$2,660,386 $2,660,386 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634 $659,792 $659,792 $12,910,812
282.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$65,177
$65,177
$65,177
2514
JOURNAL OF THE HOUSE
282.100-Forestry Research
Appropriation (HB 751)
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
$2,725,563
$2,725,563
$2,725,563
State General Funds
$2,725,563
$2,725,563
$2,725,563
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
$12,975,989 $12,975,989 $12,975,989
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,646,252 $4,646,252
$882,473 $76,473 $76,473
$806,000 $606,000 $200,000 $5,528,725
$4,646,252 $4,646,252
$882,473 $76,473 $76,473
$806,000 $606,000 $200,000 $5,528,725
$4,646,252 $4,646,252
$882,473 $76,473 $76,473
$806,000 $606,000 $200,000 $5,528,725
283.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$31,885
$31,885
$31,885
THURSDAY, MARCH 10, 2016
2515
283.100 -Georgia Archives
Appropriation (HB 751)
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
$4,678,137
$4,678,137
$4,678,137
State General Funds
$4,678,137
$4,678,137
$4,678,137
TOTAL AGENCY FUNDS
$882,473
$882,473
$882,473
Rebates, Refunds, and Reimbursements
$76,473
$76,473
$76,473
Rebates, Refunds, and Reimbursements Not Itemized
$76,473
$76,473
$76,473
Sales and Services
$806,000
$806,000
$806,000
Record Center Storage Fees
$606,000
$606,000
$606,000
Sales and Services Not Itemized
$200,000
$200,000
$200,000
TOTAL PUBLIC FUNDS
$5,560,610
$5,560,610
$5,560,610
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 $4,466,022 $4,466,022 $4,466,022 $4,466,022
$0 $0 $4,466,022 $4,466,022 $4,466,022 $4,466,022
$0 $0 $4,466,022 $4,466,022 $4,466,022 $4,466,022
284.100-Georgia Radiation Therapy Center
Appropriation (HB 751)
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
$4,466,022 $4,466,022 $4,466,022 $4,466,022
$4,466,022 $4,466,022 $4,466,022 $4,466,022
$4,466,022 $4,466,022 $4,466,022 $4,466,022
2516
JOURNAL OF THE HOUSE
Georgia Research Alliance
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
285.1 Transfer funds from the Public Service/Special Funding Initiatives program to the Georgia Research Alliance program.
State General Funds
$5,097,451
$5,097,451
$5,097,451
285.99 SAC: The purpose of this appropriation is to expand research and commercialization capacity in public and private universities in Georgia to launch new companies and create jobs. House: The purpose of this appropriation is to expand research and commercialization capacity in public and private universities in Georgia to launch new companies and create jobs. Governor: The purpose of this appropriation is to expand research and commercialization capacity in public and private universities in Georgia to launch new companies and create jobs.
State General Funds
$0
$0
$0
285.100-Georgia Research Alliance
Appropriation (HB 751)
The purpose of this appropriation is to expand research and commercialization capacity in public and private universities in Georgia
to launch new companies and create jobs.
TOTAL STATE FUNDS
$5,097,451
$5,097,451
$5,097,451
State General Funds
$5,097,451
$5,097,451
$5,097,451
TOTAL PUBLIC FUNDS
$5,097,451
$5,097,451
$5,097,451
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
$5,694,440 $5,694,440 $361,751,431 $231,348,767 $231,348,767 $122,020,899
$5,694,440 $5,694,440 $361,751,431 $231,348,767 $231,348,767 $122,020,899
$5,694,440 $5,694,440 $361,751,431 $231,348,767 $231,348,767 $122,020,899
THURSDAY, MARCH 10, 2016
2517
Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$122,020,899 $8,381,765 $8,381,765
$367,445,871
$122,020,899 $8,381,765 $8,381,765
$367,445,871
$122,020,899 $8,381,765 $8,381,765
$367,445,871
286.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$116,539
$116,539
$116,539
286.100-Georgia Tech Research Institute
Appropriation (HB 751)
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
$5,810,979
$5,810,979
$5,810,979
State General Funds
$5,810,979
$5,810,979
$5,810,979
TOTAL AGENCY FUNDS
$361,751,431 $361,751,431 $361,751,431
Intergovernmental Transfers
$231,348,767 $231,348,767 $231,348,767
University System of Georgia Research Funds
$231,348,767 $231,348,767 $231,348,767
Rebates, Refunds, and Reimbursements
$122,020,899 $122,020,899 $122,020,899
Rebates, Refunds, and Reimbursements Not Itemized
$122,020,899 $122,020,899 $122,020,899
Sales and Services
$8,381,765
$8,381,765
$8,381,765
Sales and Services Not Itemized
$8,381,765
$8,381,765
$8,381,765
TOTAL PUBLIC FUNDS
$367,562,410 $367,562,410 $367,562,410
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
$926,998 $926,998 $486,281 $367,648 $367,648
$25,000 $25,000
$926,998 $926,998 $486,281 $367,648 $367,648
$25,000 $25,000
$926,998 $926,998 $486,281 $367,648 $367,648
$25,000 $25,000
2518
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$93,633 $93,633 $1,413,279
$93,633 $93,633 $1,413,279
$93,633 $93,633 $1,413,279
287.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$15,057
$15,057
$15,057
287.100 -Marine Institute
Appropriation (HB 751)
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
$942,055
$942,055
$942,055
State General Funds
$942,055
$942,055
$942,055
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
$25,000
$25,000
$25,000
Rebates, Refunds, and Reimbursements Not Itemized
$25,000
$25,000
$25,000
Sales and Services
$93,633
$93,633
$93,633
Sales and Services Not Itemized
$93,633
$93,633
$93,633
TOTAL PUBLIC FUNDS
$1,428,336
$1,428,336
$1,428,336
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
$1,243,709 $1,243,709 $1,345,529
$600,000 $600,000
$90,000 $90,000 $655,529
$1,243,709 $1,243,709 $1,345,529
$600,000 $600,000
$90,000 $90,000 $655,529
$1,243,709 $1,243,709 $1,345,529
$600,000 $600,000
$90,000 $90,000 $655,529
THURSDAY, MARCH 10, 2016
2519
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$655,529 $2,589,238
$655,529 $2,589,238
$655,529 $2,589,238
288.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$24,113
$24,113
$24,113
288.2 Increase funds for personnel and operations.
State General Funds
$150,000
$0
288.100 -Marine Resources Extension Center
Appropriation (HB 751)
The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic
sustainability.
TOTAL STATE FUNDS
$1,267,822
$1,417,822
$1,267,822
State General Funds
$1,267,822
$1,417,822
$1,267,822
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
$2,613,351
$2,763,351
$2,613,351
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
$28,840,775 $28,840,775 $28,840,775
$28,840,775 $28,840,775 $28,840,775
$28,840,775 $28,840,775 $28,840,775
289.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$797,743
$797,743
$797,743
2520
JOURNAL OF THE HOUSE
289.2 Increase funds for a new re-entry into obstetrics program for OB/GYN physicians licensed in Georgia and practicing in underserved areas.
State General Funds
$200,000
$0
289.100 -Medical College of Georgia Hospital and Clinics
Appropriation (HB 751)
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
$29,638,518 $29,838,518 $29,638,518
State General Funds
$29,638,518 $29,838,518 $29,638,518
TOTAL PUBLIC FUNDS
$29,638,518 $29,838,518 $29,638,518
Public Libraries
Continuation Budget
The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that
facilitate access to information for all Georgians regardless of geographic location or special needs.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$32,869,520 $32,869,520
$5,222,400 $5,222,400 $5,222,400 $38,091,920
$32,869,520 $32,869,520
$5,222,400 $5,222,400 $5,222,400 $38,091,920
$32,869,520 $32,869,520
$5,222,400 $5,222,400 $5,222,400 $38,091,920
290.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$670,421
$670,421
$670,421
290.2 Increase funds for public library materials to 35 cents per capita.
State General Funds
$3,735,500
$3,735,500
290.100 -Public Libraries
Appropriation (HB 751)
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
$33,539,941 $37,275,441 $37,275,441
State General Funds
$33,539,941 $37,275,441 $37,275,441
TOTAL AGENCY FUNDS
$5,222,400
$5,222,400
$5,222,400
THURSDAY, MARCH 10, 2016
2521
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$5,222,400 $5,222,400 $38,762,341
$5,222,400 $5,222,400 $42,497,841
$5,222,400 $5,222,400 $42,497,841
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 Tobacco Settlement Funds
TOTAL PUBLIC FUNDS
$32,691,972 $32,444,814
$247,158 $32,691,972
$32,691,972 $32,444,814
$247,158 $32,691,972
$32,691,972 $32,444,814
$247,158 $32,691,972
291.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$509,381
$509,381
$451,075
291.2 Transfer funds from the Public Service/Special Funding Initiatives program to the Teaching program for the Fort Valley Land Grant match.
State General Funds
($3,725,725) ($3,725,725) ($3,725,725)
291.3 Transfer funds for 72 new residency slots in primary care medicine from the Board of Regents of the University System of Georgia Public Service/Special Funding Initiatives program to the Georgia Board for Physician Workforce: Graduate Medical Education program attached to the Department of Community Health.
State General Funds
($1,138,075) ($1,138,075) ($1,138,075)
291.4 Transfer funds from the Public Service/Special Funding Initiatives program to the Georgia Research Alliance program.
State General Funds
($5,097,451) ($5,097,451) ($5,097,451)
291.5 Eliminate funds for the Georgia Research Alliance.
Tobacco Settlement Funds
($247,158)
($247,158)
($247,158)
291.6 Increase funds for the Georgia Youth Science and Technology Center.
State General Funds
$125,000
$125,000
291.7 Increase funds for a legislative commission on government structure.
State General Funds
$25,000
2522
JOURNAL OF THE HOUSE
291.100 -Public Service / Special Funding Initiatives
Appropriation (HB 751)
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
$22,992,944 $23,117,944 $23,084,638
State General Funds
$22,992,944 $23,117,944 $23,084,638
TOTAL PUBLIC FUNDS
$22,992,944 $23,117,944 $23,084,638
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
$11,894,954 $11,894,954 $11,894,954
$11,894,954 $11,894,954 $11,894,954
$11,894,954 $11,894,954 $11,894,954
292.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$107,723
$107,723
$107,723
292.2 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$14,854
$14,854
$14,854
292.3 Increase funds to the Southern Regional Education Board to reflect FY2017 dues and contract amounts.
State General Funds
$37,440
$37,440
$37,440
292.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$11,513
$8,635
292.100 -Regents Central Office
Appropriation (HB 751)
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
$12,054,971 $12,066,484 $12,063,606
State General Funds
$12,054,971 $12,066,484 $12,063,606
TOTAL PUBLIC FUNDS
$12,054,971 $12,066,484 $12,063,606
THURSDAY, MARCH 10, 2016
2523
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
$1,273,178 $1,273,178 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,073,798
$1,273,178 $1,273,178 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,073,798
$1,273,178 $1,273,178 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,073,798
293.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$24,399
$24,399
$24,399
293.100 -Skidaway Institute of Oceanography
Appropriation (HB 751)
The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic
environments.
TOTAL STATE FUNDS
$1,297,577
$1,297,577
$1,297,577
State General Funds
$1,297,577
$1,297,577
$1,297,577
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
$5,098,197
$5,098,197
$5,098,197
2524
JOURNAL OF THE HOUSE
Teaching
Continuation Budget
The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia
institutions for student instruction and to establish and operate other initiatives that promote, support, or extend student learning.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education
TOTAL PUBLIC FUNDS
$1,795,857,875 $1,795,857,875 $4,598,893,472 $2,272,056,794 $1,780,992,725
$491,064,069 $133,964,098 $133,964,098 $2,192,872,580 $252,586,866 $1,940,285,714 $6,394,751,347
$1,795,857,875 $1,795,857,875 $4,598,893,472 $2,272,056,794 $1,780,992,725
$491,064,069 $133,964,098 $133,964,098 $2,192,872,580 $252,586,866 $1,940,285,714 $6,394,751,347
$1,795,857,875 $1,795,857,875 $4,598,893,472 $2,272,056,794 $1,780,992,725
$491,064,069 $133,964,098 $133,964,098 $2,192,872,580 $252,586,866 $1,940,285,714 $6,394,751,347
294.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$55,474,234 $55,474,234 $55,532,540
294.2 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($326,551)
($326,551)
($326,551)
294.3 Increase funds to reflect the change in enrollment and square footage at University System of Georgia institutions.
State General Funds
$43,516,661 $43,516,661 $43,516,661
294.4 Transfer funds from the Public Service/Special Funding Initiatives program to the Teaching program for the Fort Valley Land Grant match.
State General Funds
$3,725,725
$3,725,725
$3,725,725
294.5 Increase funds for the Military and Academic Training Center in Warner Robins.
State General Funds
$538,100
$538,100
$538,100
294.6 Reduce funds for Georgia Gwinnett College (GGC) to reflect year three of the seven year plan to eliminate the GGC Special Funding Initiative.
State General Funds
($1,375,000) ($1,375,000) ($1,375,000)
THURSDAY, MARCH 10, 2016
2525
294.100 -Teaching
Appropriation (HB 751)
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
$1,897,411,044 $1,897,411,044 $1,897,469,350
State General Funds
$1,897,411,044 $1,897,411,044 $1,897,469,350
TOTAL AGENCY FUNDS
$4,598,893,472 $4,598,893,472 $4,598,893,472
Intergovernmental Transfers
$2,272,056,794 $2,272,056,794 $2,272,056,794
University System of Georgia Research Funds
$1,780,992,725 $1,780,992,725 $1,780,992,725
Intergovernmental Transfers Not Itemized
$491,064,069 $491,064,069 $491,064,069
Rebates, Refunds, and Reimbursements
$133,964,098 $133,964,098 $133,964,098
Rebates, Refunds, and Reimbursements Not Itemized
$133,964,098 $133,964,098 $133,964,098
Sales and Services
$2,192,872,580 $2,192,872,580 $2,192,872,580
Sales and Services Not Itemized
$252,586,866 $252,586,866 $252,586,866
Tuition and Fees for Higher Education
$1,940,285,714 $1,940,285,714 $1,940,285,714
TOTAL PUBLIC FUNDS
$6,496,304,516 $6,496,304,516 $6,496,362,822
Veterinary Medicine Experiment Station
Continuation Budget
The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of
present and potential concern to Georgia's livestock and poultry industries and to provide training and education in disease research,
surveillance, and intervention.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,649,796 $2,649,796 $2,649,796
$2,649,796 $2,649,796 $2,649,796
$2,649,796 $2,649,796 $2,649,796
295.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$57,236
$57,236
$57,236
295.100 -Veterinary Medicine Experiment Station
Appropriation (HB 751)
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.
2526
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,707,032 $2,707,032 $2,707,032
$2,707,032 $2,707,032 $2,707,032
$2,707,032 $2,707,032 $2,707,032
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
$417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163
$417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163
$417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163
296.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$10,255
$10,255
$10,255
296.100 -Veterinary Medicine Teaching Hospital
Appropriation (HB 751)
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
$427,418
$427,418
$427,418
State General Funds
$427,418
$427,418
$427,418
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
$14,927,418 $14,927,418 $14,927,418
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.
THURSDAY, MARCH 10, 2016
2527
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$3,547,852 $3,547,852 $3,547,852
$3,547,852 $3,547,852 $3,547,852
$3,547,852 $3,547,852 $3,547,852
297.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$81,470
$81,470
$81,470
297.2 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($109,248)
($109,248)
($109,248)
297.3 Increase funds for enrollment growth and training and experience at the Georgia Military College Preparatory School.
State General Funds
$158,191
$158,191
$158,191
297.4 Eliminate one-time funds for the design of Historic Jenkins Hall renovation.
State General Funds
($500,000)
($500,000)
($500,000)
297.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$181
$136
297.6 Increase funds for student services. (S:It is the intent of the Georgia General Assembly to clarify the Tuition Equalization Grant statutes as it applies to public institutions receiving state funds)
State General Funds
$2,000,000
$2,000,000
297.100-Payments to Georgia Military College
Appropriation (HB 751)
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
$3,178,265
$5,178,446
$5,178,401
State General Funds
$3,178,265
$5,178,446
$5,178,401
TOTAL PUBLIC FUNDS
$3,178,265
$5,178,446
$5,178,401
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.
2528
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$14,997,510 $14,997,510 $14,997,510
$14,997,510 $14,997,510 $14,997,510
$14,997,510 $14,997,510 $14,997,510
298.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$177,008
$177,008
$177,008
298.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$6,107
$0
$3,120
298.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($21,253)
($21,253)
($21,253)
298.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($1,275)
($1,275)
($1,275)
298.100-Payments to Georgia Public Telecommunications Commission
Appropriation (HB 751)
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
$15,158,097 $15,151,990 $15,155,110
State General Funds
$15,158,097 $15,151,990 $15,155,110
TOTAL PUBLIC FUNDS
$15,158,097 $15,151,990 $15,155,110
Section 42: 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
$181,285,086 $181,285,086
$180,851,303 $180,851,303
$433,783
$433,783
$819,087
$819,087
$567,580
$567,580
$251,507
$251,507
$182,104,173 $182,104,173
$181,285,086 $180,851,303
$433,783 $819,087 $567,580 $251,507 $182,104,173
THURSDAY, MARCH 10, 2016
2529
Section Total - Final
TOTAL STATE FUNDS
$183,770,674
State General Funds
$183,336,891
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
$184,589,761
$183,274,280 $182,840,497
$433,783 $819,087 $567,580 $251,507 $184,093,367
$183,738,224 $183,304,441
$433,783 $819,087 $567,580 $251,507 $184,557,311
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
$8,113,036 $8,113,036 $8,113,036
$8,113,036 $8,113,036 $8,113,036
$8,113,036 $8,113,036 $8,113,036
299.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$285,794
$285,794
$285,794
299.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$7,621
$0
$2,799
299.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$5,094
$5,094
$5,094
299.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$3,119
$3,119
$3,119
299.5 Transfer funds from the Taxpayer Services, Local Government Services, Revenue Processing, Tax Compliance, and Technology Support Services programs to the Departmental Administration program to align budget and expenditures.
State General Funds
$1,641,502
$1,641,502
$1,641,502
299.6 Transfer funds from the Technology Support Services program to the Departmental Administration program to properly reflect information technology expenses in the programs utilizing those systems.
State General Funds
$3,301,898
$3,301,898
$3,301,898
2530
JOURNAL OF THE HOUSE
299.7 Transfer funds, nine positions and operations from the Office of Special Investigations program to the Departmental Administration program for facilities and mailroom operations.
State General Funds
$641,413
$641,413
$641,413
299.8 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$66,219
$49,664
299.100-Departmental Administration
Appropriation (HB 751)
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
$13,999,477 $14,058,075 $14,044,319
State General Funds
$13,999,477 $14,058,075 $14,044,319
TOTAL PUBLIC FUNDS
$13,999,477 $14,058,075 $14,044,319
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
300.100-Forestland Protection Grants
Appropriation (HB 751)
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
THURSDAY, MARCH 10, 2016
2531
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
301.98 Transfer funds from the Fraud Detection and Prevention program to the Office of Special Investigations program for the fraud detection and prevention contract.
State General 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL PUBLIC FUNDS
$6,048,349 $5,614,566
$433,783 $371,507 $120,000 $251,507 $6,419,856
$6,048,349 $5,614,566
$433,783 $371,507 $120,000 $251,507 $6,419,856
$6,048,349 $5,614,566
$433,783 $371,507 $120,000 $251,507 $6,419,856
302.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$123,247
$123,247
$123,247
302.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,286
$0
$1,207
302.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$4,681
$4,681
$4,681
2532
JOURNAL OF THE HOUSE
302.4 Transfer funds from the Taxpayer Services, Local Government Services, Revenue Processing, Tax Compliance, and Technology Support Services programs to the Industry Regulation program to align budget and expenditures.
State General Funds
$820,155
$820,155
$820,155
302.5 Transfer funds from the Technology Support Services program to the Industry Regulation program to properly reflect information technology expenses in the programs utilizing those systems.
State General Funds
$70,975
$70,975
$70,975
302.100 -Industry Regulation
Appropriation (HB 751)
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
$7,070,693
$7,067,407
$7,068,614
State General Funds
$6,636,910
$6,633,624
$6,634,831
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
$7,442,200
$7,438,914
$7,440,121
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
$4,873,457 $4,873,457 $4,873,457
$4,873,457 $4,873,457 $4,873,457
$4,873,457 $4,873,457 $4,873,457
303.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$96,158
$96,158
$96,158
303.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,565
$0
$942
THURSDAY, MARCH 10, 2016
2533
303.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$2,797
$2,797
$2,797
303.4 Transfer funds from the Local Government Services program to the Departmental Administration, Industry Regulation, Motor Vehicle Registration and Titling, Office of Special Investigations, and Tax Policy programs to align budget and expenditures.
State General Funds
($168,177)
($168,177)
($168,177)
303.5 Transfer funds from the Technology Support Services program to the Local Government Services program to properly reflect information technology expenses in the programs utilizing those systems.
State General Funds
$38,622
$38,622
$38,622
303.100-Local Government Services
Appropriation (HB 751)
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
$4,845,422
$4,842,857
$4,843,799
State General Funds
$4,845,422
$4,842,857
$4,843,799
TOTAL PUBLIC FUNDS
$4,845,422
$4,842,857
$4,843,799
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 304.1 Reduce funds to align budget with projected expenditures.
State General 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
($1,518,447) ($2,018,447) ($1,518,447)
304.100 -Local Tax Officials Retirement and FICA
Appropriation (HB 751)
The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.
TOTAL STATE FUNDS
$11,492,977 $10,992,977 $11,492,977
State General Funds
$11,492,977 $10,992,977 $11,492,977
TOTAL PUBLIC FUNDS
$11,492,977 $10,992,977 $11,492,977
2534
JOURNAL OF THE HOUSE
Motor Vehicle Registration and Titling
Continuation Budget
The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate
rebuilt vehicles for road-worthiness for new title issuance.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$19,566,913 $19,566,913 $19,566,913
$19,566,913 $19,566,913 $19,566,913
$19,566,913 $19,566,913 $19,566,913
305.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$222,196
$222,196
$222,196
305.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$5,925
$0
$2,176
305.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$9,563
$9,563
$9,563
305.4 Transfer funds from the Taxpayer Services, Local Government Services, Revenue Processing, Tax Compliance, and Technology Support Services programs to the Motor Vehicle Registration and Titling program to align budget and expenditures.
State General Funds
$9,552,397
$9,552,397
$9,552,397
305.5 Transfer funds from the Technology Support Services program to the Motor Vehicle Registration and Titling program to properly reflect information technology expenses in the programs utilizing those systems.
State General Funds
$3,381,869
$3,381,869
$3,381,869
305.100 -Motor Vehicle Registration and Titling
Appropriation (HB 751)
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
$32,738,863 $32,732,938 $32,735,114
State General Funds
$32,738,863 $32,732,938 $32,735,114
TOTAL PUBLIC FUNDS
$32,738,863 $32,732,938 $32,735,114
Office of Special Investigations
Continuation Budget
The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts.
THURSDAY, MARCH 10, 2016
2535
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$3,955,313 $3,955,313 $3,955,313
$3,955,313 $3,955,313 $3,955,313
$3,955,313 $3,955,313 $3,955,313
306.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$110,142
$110,142
$110,142
306.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,938
$0
$1,079
306.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$2,561
$2,561
$2,561
306.4 Transfer funds from the Taxpayer Services, Local Government Services, Revenue Processing, Tax Compliance, and Technology Support Services programs to the Office of Special Investigations program to align budget and expenditures.
State General Funds
$1,280,261
$1,280,261
$1,280,261
306.5 Transfer funds from the Technology Support Services program to the Office of Special Investigations program to properly reflect information technology expenses in the programs utilizing those systems.
State General Funds
$42,186
$42,186
$42,186
306.6 Transfer funds, nine positions and operations from the Office of Special Investigations program to the Departmental Administration program for facilities and mailroom operations.
State General Funds
($641,413)
($641,413)
($641,413)
306.7 Transfer funds from the Fraud Detection and Prevention program to the Office of Special Investigations program for the fraud detection and prevention contract.
State General Funds
$1,250,000
$1,250,000
$1,250,000
306.100 -Office of Special Investigations
Appropriation (HB 751)
The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts.
TOTAL STATE FUNDS
$6,001,988
$5,999,050
$6,000,129
State General Funds
$6,001,988
$5,999,050
$6,000,129
TOTAL PUBLIC FUNDS
$6,001,988
$5,999,050
$6,000,129
2536
JOURNAL OF THE HOUSE
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
$13,613,917 $13,613,917 $13,613,917
$13,613,917 $13,613,917 $13,613,917
$13,613,917 $13,613,917 $13,613,917
307.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$168,711
$168,711
$168,711
307.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$4,499
$0
$1,653
307.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$6,424
$6,424
$6,424
307.4 Transfer funds from the Revenue Processing program to the Departmental Administration, Industry Regulation, Motor Vehicle Registration and Titling, Office of Special Investigations, and Tax Policy programs to align budget and expenditures.
State General Funds
($317,180)
($317,180)
($317,180)
307.5 Transfer funds from the Technology Support Services program to the Revenue Processing program to properly reflect information technology expenses in the programs utilizing those systems.
State General Funds
$1,806,857
$1,806,857
$1,806,857
307.100-Revenue Processing
Appropriation (HB 751)
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
$15,283,228 $15,278,729 $15,280,382
State General Funds
$15,283,228 $15,278,729 $15,280,382
TOTAL PUBLIC FUNDS
$15,283,228 $15,278,729 $15,280,382
Tax Compliance
Continuation Budget
The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.
THURSDAY, MARCH 10, 2016
2537
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$54,604,522 $54,604,522
$222,000 $222,000 $54,826,522
$54,604,522 $54,604,522
$222,000 $222,000 $54,826,522
$54,604,522 $54,604,522
$222,000 $222,000 $54,826,522
308.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$952,388
$952,388
$952,388
308.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$25,396
$0
$9,329
308.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$32,032
$32,032
$32,032
308.4 Transfer funds from the Tax Compliance program to the Departmental Administration, Industry Regulation, Motor Vehicle Registration and Titling, Office of Special Investigations, and Tax Policy programs to align budget and expenditures.
State General Funds
($2,026,593) ($2,026,593) ($2,026,593)
308.5 Transfer funds from the Technology Support Services program to the Tax Compliance program to properly reflect information technology expenses in the programs utilizing those systems.
State General Funds
$4,226,271
$4,226,271
$4,226,271
308.6 Increase funds for telecommunications to meet projected need.
State General Funds
$1,518,447
$1,518,447
$1,518,447
308.7 Reduce funds for start-up costs for Tax Compliance pilot project.
State General Funds
($42,500)
308.100 -Tax Compliance
Appropriation (HB 751)
The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.
TOTAL STATE FUNDS
$59,332,463 $59,307,067 $59,273,896
State General Funds
$59,332,463 $59,307,067 $59,273,896
TOTAL FEDERAL FUNDS
$222,000
$222,000
$222,000
Federal Funds Not Itemized
$222,000
$222,000
$222,000
TOTAL PUBLIC FUNDS
$59,554,463 $59,529,067 $59,495,896
2538
JOURNAL OF THE HOUSE
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
$3,127,866 $3,127,866 $3,127,866
$3,127,866 $3,127,866 $3,127,866
$3,127,866 $3,127,866 $3,127,866
309.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$116,390
$116,390
$116,390
309.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,104
$0
$1,140
309.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$1,257
$1,257
$1,257
309.4 Transfer funds from the Taxpayer Services, Local Government Services, Revenue Processing, Tax Compliance, and Technology Support Services programs to the Tax Policy program to align budget and expenditures.
State General Funds
$800,806
$800,806
$800,806
309.5 Transfer funds from the Technology Support Services program to the Tax Policy program to properly reflect information technology expenses in the programs utilizing those systems.
State General Funds
$193,754
$193,754
$193,754
309.100 -Tax Policy
Appropriation (HB 751)
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
$4,243,177
$4,240,073
$4,241,213
State General Funds
$4,243,177
$4,240,073
$4,241,213
TOTAL PUBLIC FUNDS
$4,243,177
$4,240,073
$4,241,213
THURSDAY, MARCH 10, 2016
2539
Taxpayer Services
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
$13,726,342 $13,726,342
$225,580 $225,580 $13,951,922
$13,726,342 $13,726,342
$225,580 $225,580 $13,951,922
$13,726,342 $13,726,342
$225,580 $225,580 $13,951,922
310.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$272,977
$272,977
$272,977
310.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$7,279
$0
$2,674
310.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$7,444
$7,444
$7,444
310.4 Transfer funds from the Taxpayer Services program to the Departmental Administration, Industry Regulation, Motor Vehicle Registration and Titling, Office of Special Investigations, and Tax Policy programs to align budget and expenditures.
State General Funds
($224,954)
($224,954)
($224,954)
310.5 Transfer funds from the Technology Support Services program to the Taxpayer Services program to properly reflect information technology expenses in the programs utilizing those systems.
State General Funds
$900,947
$900,947
$900,947
310.98 Change the name of the Customer Service program to the Taxpayer Services program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
310.100 -Taxpayer Services
Appropriation (HB 751)
The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax,
sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions.
TOTAL STATE FUNDS
$14,690,035 $14,682,756 $14,685,430
State General Funds
$14,690,035 $14,682,756 $14,685,430
TOTAL FEDERAL FUNDS
$225,580
$225,580
$225,580
2540
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$225,580 $14,915,615
$225,580 $14,908,336
$225,580 $14,911,010
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
$25,321,596 $25,321,596 $25,321,596
$25,321,596 $25,321,596 $25,321,596
$25,321,596 $25,321,596 $25,321,596
311.1 Transfer funds from the Technology Support Services program to the Departmental Administration, Industry Regulation, Local Government Services, Motor Vehicle Registration and Titling, Office of Special Investigations, Revenue Processing, Tax Compliance, Tax Policy, and Taxpayer Services programs to align budget and expenditures.
State General Funds
($11,358,217) ($11,358,217) ($11,358,217)
311.2 Transfer funds from the Technology Support Services program to the Departmental Administration, Industry Regulation, Local Government Services, Motor Vehicle Registration and Titling, Office of Special Investigations, Revenue Processing, Tax Compliance, Tax Policy, and Taxpayer Services programs to properly reflect information technology expenses in the programs utilizing those systems.
State General Funds
($13,963,379) ($13,963,379) ($13,963,379)
Section 43: 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
$24,476,790 $24,476,790
$24,476,790 $24,476,790
$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
$29,285,639 $29,285,639
$24,476,790 $24,476,790
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,285,639
THURSDAY, MARCH 10, 2016
2541
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
$24,886,487 $24,886,487
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,695,336
$24,380,445 $24,380,445
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,189,294
$24,562,337 $24,562,337
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,371,186
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
312.1 Reduce funds to meet projected expenditures.
State General Funds
$943,462 $943,462 $3,775,096 $3,775,096 $3,775,096 $4,718,558
$943,462 $943,462 $3,775,096 $3,775,096 $3,775,096 $4,718,558
$943,462 $943,462 $3,775,096 $3,775,096 $3,775,096 $4,718,558
($323,877)
($275,000)
312.100 -Corporations
Appropriation (HB 751)
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
$619,585
$668,462
State General Funds
$943,462
$619,585
$668,462
TOTAL AGENCY FUNDS
$3,775,096
$3,775,096
$3,775,096
Sales and Services
$3,775,096
$3,775,096
$3,775,096
2542
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$3,775,096 $4,718,558
$3,775,096 $4,394,681
$3,775,096 $4,443,558
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
$5,369,670 $5,369,670
$85,000 $85,000 $50,000 $50,000 $50,000 $5,504,670
$5,369,670 $5,369,670
$85,000 $85,000 $50,000 $50,000 $50,000 $5,504,670
$5,369,670 $5,369,670
$85,000 $85,000 $50,000 $50,000 $50,000 $5,504,670
313.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$64,623
$64,623
$64,623
313.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,445
$0
$355
313.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($10,335)
($10,335)
($10,335)
313.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$1,345
$1,345
$1,345
313.100 -Elections
Appropriation (HB 751)
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
$5,426,748
$5,425,303
$5,425,658
State General Funds
$5,426,748
$5,425,303
$5,425,658
THURSDAY, MARCH 10, 2016
2543
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$85,000 $85,000 $50,000 $50,000 $50,000 $5,561,748
$85,000 $85,000 $50,000 $50,000 $50,000 $5,560,303
$85,000 $85,000 $50,000 $50,000 $50,000 $5,560,658
Investigations
Continuation Budget
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 State General Funds
TOTAL PUBLIC FUNDS
$2,784,729 $2,784,729 $2,784,729
$2,784,729 $2,784,729 $2,784,729
$2,784,729 $2,784,729 $2,784,729
314.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$69,092
$69,092
$69,092
314.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,545
$0
$379
314.100 -Investigations
Appropriation (HB 751)
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
$2,855,366
$2,853,821
$2,854,200
State General Funds
$2,855,366
$2,853,821
$2,854,200
TOTAL PUBLIC FUNDS
$2,855,366
$2,853,821
$2,854,200
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
$3,304,322 $3,304,322
$15,000
$3,304,322 $3,304,322
$15,000
$3,304,322 $3,304,322
$15,000
2544
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$15,000 $15,000 $3,319,322
$15,000 $15,000 $3,319,322
$15,000 $15,000 $3,319,322
315.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$78,619
$78,619
$78,619
315.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,758
$0
$432
315.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($30,019)
($30,019)
($30,019)
315.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$3,796
$3,796
$3,796
315.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$12,191
$9,143
315.6 Reduce funds to meet projected expenditures.
State General Funds
($73,029)
$0
315.100-Office Administration
Appropriation (HB 751)
The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.
TOTAL STATE FUNDS
$3,358,476
$3,295,880
$3,366,293
State General Funds
$3,358,476
$3,295,880
$3,366,293
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
$3,373,476
$3,310,880
$3,381,293
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.
THURSDAY, MARCH 10, 2016
2545
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$8,150,375 $8,150,375
$813,753 $813,753 $813,753 $8,964,128
$8,150,375 $8,150,375
$813,753 $813,753 $813,753 $8,964,128
$8,150,375 $8,150,375
$813,753 $813,753 $813,753 $8,964,128
316.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$193,027
$193,027
$193,027
316.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$4,317
$0
$1,060
316.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($50,465)
($50,465)
($50,465)
316.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$2,603
$2,603
$2,603
316.100 -Professional Licensing Boards
Appropriation (HB 751)
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
$8,299,857
$8,295,540
$8,296,600
State General Funds
$8,299,857
$8,295,540
$8,296,600
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
$9,113,610
$9,109,293
$9,110,353
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.
2546
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$668,528 $668,528
$50,000 $50,000 $50,000 $718,528
$668,528 $668,528
$50,000 $50,000 $50,000 $718,528
$668,528 $668,528
$50,000 $50,000 $50,000 $718,528
317.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$16,187
$16,187
$16,187
317.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$362
$0
$89
317.3 Reduce funds to meet projected expenditures.
State General Funds
($107,520)
$0
317.100 -Securities
Appropriation (HB 751)
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
$685,077
$577,195
$684,804
State General Funds
$685,077
$577,195
$684,804
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
$735,077
$627,195
$734,804
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
$264,236 $264,236
$20,000 $20,000
$264,236 $264,236
$20,000 $20,000
$264,236 $264,236
$20,000 $20,000
THURSDAY, MARCH 10, 2016
2547
Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS
$20,000 $284,236
$20,000 $284,236
$20,000 $284,236
318.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$7,408
$7,408
$7,408
318.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$464
$0
$339
318.3 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$15
$15
$15
318.100-Commission on the Holocaust, Georgia
Appropriation (HB 751)
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
$272,123
$271,659
$271,998
State General Funds
$272,123
$271,659
$271,998
TOTAL AGENCY FUNDS
$20,000
$20,000
$20,000
Contributions, Donations, and Forfeitures
$20,000
$20,000
$20,000
Contributions, Donations, and Forfeitures Not Itemized
$20,000
$20,000
$20,000
TOTAL PUBLIC FUNDS
$292,123
$291,659
$291,998
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
$2,991,468 $2,991,468 $2,991,468
$2,991,468 $2,991,468 $2,991,468
$2,991,468 $2,991,468 $2,991,468
319.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$62,562
$62,562
$62,562
319.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,916
$0
$2,860
2548
JOURNAL OF THE HOUSE
319.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($14,272)
($14,272)
($14,272)
319.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$1,704
$1,704
$1,704
319.5 Reduce funds and utilize retained fee revenue for operations.
State General Funds
($50,000)
319.100 -Real Estate Commission
Appropriation (HB 751)
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
$3,045,378
$3,041,462
$2,994,322
State General Funds
$3,045,378
$3,041,462
$2,994,322
TOTAL PUBLIC FUNDS
$3,045,378
$3,041,462
$2,994,322
Section 44: Student Finance Commission and Authority, Georgia
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Continuation
$717,162,075 $717,162,075
$60,685,247 $60,685,247
$656,476,828 $656,476,828
$38,650
$38,650
$38,650
$38,650
$713,673
$713,673
$713,673
$713,673
$713,673
$713,673
$600,000
$600,000
$600,000
$600,000
$600,000
$600,000
$718,514,398 $718,514,398
$717,162,075 $60,685,247 $656,476,828
$38,650 $38,650 $713,673 $713,673 $713,673 $600,000 $600,000 $600,000 $718,514,398
THURSDAY, MARCH 10, 2016
2549
TOTAL STATE FUNDS State General Funds Lottery Proceeds
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
$807,914,719 $92,209,846 $715,704,873
$38,650 $38,650
$0
$600,000 $600,000 $600,000 $808,553,369
$807,031,122 $91,309,131 $715,721,991
$38,650 $38,650 $1,000,000 $1,000,000 $1,000,000 $600,000 $600,000 $600,000 $808,669,772
$807,026,377 $91,310,003 $715,716,374
$38,650 $38,650 $1,000,000 $1,000,000 $1,000,000 $600,000 $600,000 $600,000 $808,665,027
Engineer Scholarship
Continuation Budget
The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students and retain those
students as engineers in the State.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,029,000 $1,029,000 $1,029,000
$1,029,000 $1,029,000 $1,029,000
$1,029,000 $1,029,000 $1,029,000
320.1 Increase funds to meet the projected need.
State General Funds
$31,500
$31,500
$31,500
320.99 SAC: 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. House: 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.
State General Funds
$0
$0
320.100 -Engineer Scholarship
Appropriation (HB 751)
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.
2550
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,060,500 $1,060,500 $1,060,500
$1,060,500 $1,060,500 $1,060,500
$1,060,500 $1,060,500 $1,060,500
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
$1,203,240 $1,203,240 $1,203,240
$1,203,240 $1,203,240 $1,203,240
$1,203,240 $1,203,240 $1,203,240
321.100-Georgia Military College Scholarship
Appropriation (HB 751)
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 322.1 Reduce funds based on projected expenditures.
State General Funds
$800,000 $800,000 $800,000
$800,000 $800,000 $800,000
$800,000 $800,000 $800,000
($100,000)
($100,000)
322.100 -HERO Scholarship
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2551
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$800,000 $800,000 $800,000
$700,000 $700,000 $700,000
$700,000 $700,000 $700,000
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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$8,209,800 $0
$8,209,800 $38,650 $38,650
$230,950 $230,950 $230,950 $600,000 $600,000 $600,000 $9,079,400
$8,209,800 $0
$8,209,800 $38,650 $38,650
$230,950 $230,950 $230,950 $600,000 $600,000 $600,000 $9,079,400
$8,209,800 $0
$8,209,800 $38,650 $38,650
$230,950 $230,950 $230,950 $600,000 $600,000 $600,000 $9,079,400
323.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Lottery Proceeds
$99,776
$99,776
$99,776
323.2 Increase funds to reflect an adjustment in merit system assessments.
Lottery Proceeds
$8,350
$0
$5,352
323.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
Lottery Proceeds
$944
$944
$944
323.4 Increase funds to reflect an adjustment in TeamWorks billings.
Lottery Proceeds
$1,166
$1,166
$1,166
323.5 Reduce funds to reflect changes in other funds.
Intergovernmental Transfers Not Itemized
($230,950)
($230,950)
($230,950)
2552
JOURNAL OF THE HOUSE
323.100-HOPE Administration
Appropriation (HB 751)
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
$8,320,036
$8,311,686
$8,317,038
Lottery Proceeds
$8,320,036
$8,311,686
$8,317,038
TOTAL FEDERAL FUNDS
$38,650
$38,650
$38,650
Federal Funds Not Itemized
$38,650
$38,650
$38,650
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$600,000
$600,000
$600,000
State Funds Transfers
$600,000
$600,000
$600,000
Agency to Agency Contracts
$600,000
$600,000
$600,000
TOTAL PUBLIC FUNDS
$8,958,686
$8,950,336
$8,955,688
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
324.99 SAC: The purpose of this program is to encourage Georgia's General Educational Development (GED) recipients to pursue education beyond the high school level at an eligible postsecondary institution located in Georgia. House: The purpose of this program is to encourage Georgia's General Educational Development (GED) recipients to pursue education beyond the high school level at an eligible postsecondary institution located in Georgia. Governor: The purpose of this program is to encourage Georgia's General Educational Development (GED) recipients to pursue education beyond the high school level at an eligible postsecondary institution located in Georgia.
State General Funds
$0
$0
$0
324.100 -HOPE GED
Appropriation (HB 751)
The purpose of this program is to encourage Georgia's General Educational Development (GED) recipients to pursue education
beyond the high school level at an eligible postsecondary institution located in Georgia.
THURSDAY, MARCH 10, 2016
2553
TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS
$1,930,296 $1,930,296 $1,930,296
$1,930,296 $1,930,296 $1,930,296
$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
325.1 Utilize existing funds of $751,998 for the Strategic Industries Workforce Development Grant to include Industrial Maintenance certificate and diploma programs. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
325.100 -HOPE Grant
Appropriation (HB 751)
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
2554
JOURNAL OF THE HOUSE
326.100 -HOPE Scholarships - Private Schools
Appropriation (HB 751)
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
$463,360,413 $0
$463,360,413 $463,360,413
327.1 Increase funds for the HOPE Scholarship - Public Schools to meet the projected need.
Lottery Proceeds
$53,792,472
327.2 Increase funds for the Zell Miller Scholarship to meet the projected need.
Lottery Proceeds
$5,325,337
$463,360,413 $0
$463,360,413 $463,360,413
$53,817,940
$5,325,337
$463,360,413 $0
$463,360,413 $463,360,413
$53,806,971
$5,325,337
327.100 -HOPE Scholarships - Public Schools
Appropriation (HB 751)
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
$522,478,222 $522,503,690 $522,492,721
Lottery Proceeds
$522,478,222 $522,503,690 $522,492,721
TOTAL PUBLIC FUNDS
$522,478,222 $522,503,690 $522,492,721
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).
THURSDAY, MARCH 10, 2016
2555
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS
$27,000,000 $1,000,000
$26,000,000 $27,000,000
$27,000,000 $1,000,000
$26,000,000 $27,000,000
$27,000,000 $1,000,000
$26,000,000 $27,000,000
328.1 Replace funds.
State General Funds Sales and Services Not Itemized Total Public Funds:
($1,000,000) $1,000,000
$0
($1,000,000) $1,000,000
$0
328.99 SAC: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college or technical 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). House: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college or technical 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). Governor: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college or technical 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).
State General Funds
$0
$0
$0
328.100 -Low Interest Loans
Appropriation (HB 751)
The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college or technical
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
$27,000,000 $26,000,000 $26,000,000
State General Funds
$1,000,000
$0
$0
Lottery Proceeds
$26,000,000 $26,000,000 $26,000,000
TOTAL AGENCY FUNDS
$1,000,000
$1,000,000
Sales and Services
$1,000,000
$1,000,000
2556
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$27,000,000
$1,000,000 $27,000,000
$1,000,000 $27,000,000
Move on When Ready
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
$28,892,039 $28,892,039 $28,892,039
$28,892,039 $28,892,039 $28,892,039
329.1 Increase funds to meet the projected need.
State General Funds
$29,426,180 $29,426,180
329.98 Change the name of the Accel program to the Move on When Ready program. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$28,892,039 $28,892,039 $28,892,039
$29,426,180
$0
329.100 -Move on When Ready
Appropriation (HB 751)
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
$58,318,219 $58,318,219 $58,318,219
State General Funds
$58,318,219 $58,318,219 $58,318,219
TOTAL PUBLIC FUNDS
$58,318,219 $58,318,219 $58,318,219
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
$1,825,445 $1,825,445
$482,723 $482,723 $482,723 $2,308,168
$1,825,445 $1,825,445
$482,723 $482,723 $482,723 $2,308,168
$1,825,445 $1,825,445
$482,723 $482,723 $482,723 $2,308,168
THURSDAY, MARCH 10, 2016
2557
330.1 Increase funds to meet the projected need.
State General Funds 330.2 Replace funds.
State General Funds Intergovernmental Transfers Not Itemized Total Public Funds:
$729,572
$482,723 ($482,723)
$0
$729,572
$482,723 ($482,723)
$0
$729,572
$482,723 ($482,723)
$0
330.100 -North Georgia Military Scholarship Grants
Appropriation (HB 751)
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
$3,037,740
$3,037,740
$3,037,740
State General Funds
$3,037,740
$3,037,740
$3,037,740
TOTAL PUBLIC FUNDS
$3,037,740
$3,037,740
$3,037,740
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
$1,237,500 $1,237,500 $1,237,500
$1,237,500 $1,237,500 $1,237,500
$1,237,500 $1,237,500 $1,237,500
331.100 -North Georgia ROTC Grants
Appropriation (HB 751)
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.
2558
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
332.100-Public Safety Memorial Grant
Appropriation (HB 751)
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
$600,000
$600,000
$600,000
State General Funds
$600,000
$600,000
$600,000
TOTAL PUBLIC FUNDS
$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
333.1 Increase funds to add additional school systems and to establish a pilot program for youth in foster care.
State General Funds
$750,000
$750,000
$2,000,000 $2,000,000 $2,000,000
$750,000
333.100 -REACH Georgia Scholarship
Appropriation (HB 751)
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
$2,750,000
$2,750,000
$2,750,000
State General Funds
$2,750,000
$2,750,000
$2,750,000
TOTAL PUBLIC FUNDS
$2,750,000
$2,750,000
$2,750,000
THURSDAY, MARCH 10, 2016
2559
Service Cancelable Loans
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
334.1 Increase funds for service cancelable loans to fund five large animal veterinarian slots.
State General Funds
$100,000
$100,000
334.2 Increase funds for service cancelable loans for Georgia National Guard members as authorized in O.C.G.A. 20-3-374.
State General Funds
$100,000
$100,000
334.99 SAC: The purpose of this appropriation is to provide service cancelable loans as authorized in statute including programs for large animal veterinarians and Georgia National Guard members. House: Provide service cancelable loans as authorized in statute including programs for large animal veterinarians and Georgia National Guard members.
State General Funds
$0
$0
334.100-Service Cancelable Loans
Appropriation (HB 751)
The purpose of this appropriation is to provide service cancelable loans as authorized in statute including programs for large animal
veterinarians and Georgia National Guard members.
TOTAL STATE FUNDS
$200,000
$200,000
State General Funds
$200,000
$200,000
TOTAL PUBLIC FUNDS
$200,000
$200,000
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
$21,224,952 $21,224,952 $21,224,952
$21,224,952 $21,224,952 $21,224,952
$21,224,952 $21,224,952 $21,224,952
335.100 -Tuition Equalization Grants
Appropriation (HB 751)
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.
2560
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$21,224,952 $21,224,952 $21,224,952
$21,224,952 $21,224,952 $21,224,952
$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
$873,071 $873,071 $873,071
$873,071 $873,071 $873,071
$873,071 $873,071 $873,071
336.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$23,033
$23,033
$23,033
336.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,441
$0
$1,053
336.3 Increase funds for personnel.
State General Funds
$80,150
$80,150
$80,150
336.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$726
$545
336.100-Nonpublic Postsecondary Education Commission
Appropriation (HB 751)
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
$977,695
$976,980
$977,852
State General Funds
$977,695
$976,980
$977,852
TOTAL PUBLIC FUNDS
$977,695
$976,980
$977,852
Section 45: Teachers' Retirement System
TOTAL STATE FUNDS State General Funds
Section Total - Continuation
$317,000
$317,000
$317,000
$317,000
$317,000 $317,000
THURSDAY, MARCH 10, 2016
2561
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
$36,002,746 $36,002,746 $36,002,746 $36,319,746
$36,002,746 $36,002,746 $36,002,746 $36,319,746
$36,002,746 $36,002,746 $36,002,746 $36,319,746
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
Section Total - Final
$265,000 $265,000 $36,421,846 $36,421,846 $36,421,846 $36,686,846
$265,000 $265,000 $36,421,846 $36,421,846 $36,421,846 $36,686,846
$265,000 $265,000 $36,421,846 $36,421,846 $36,421,846 $36,686,846
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
$317,000 $317,000 $317,000
337.1 Reduce funds to reflect the declining population of teachers who qualify for this benefit.
State General Funds
($52,000)
$317,000 $317,000 $317,000
($52,000)
$317,000 $317,000 $317,000
($52,000)
337.100 -Local/Floor COLA
Appropriation (HB 751)
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
$265,000
$265,000
$265,000
State General Funds
$265,000
$265,000
$265,000
TOTAL PUBLIC FUNDS
$265,000
$265,000
$265,000
2562
JOURNAL OF THE HOUSE
System Administration
Continuation Budget
The purpose of this appropriation is to administer the Teachers Retirement System of Georgia, including paying retiree benefits,
investing retirement funds, accounting for the status and contributions of active and inactive members, counseling members, and
processing refunds.
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
$0 $0 $36,002,746 $36,002,746 $36,002,746 $36,002,746
$0 $0 $36,002,746 $36,002,746 $36,002,746 $36,002,746
$0 $0 $36,002,746 $36,002,746 $36,002,746 $36,002,746
338.1 Increase funds for information technology ($780,000), telecommunications ($4,800), and operations ($7,800).
Retirement Payments
$792,600
$792,600
$792,600
338.2 Reduce funds for contracts ($119,000) and one-time funding for information technology equipment and computer system upgrades ($254,500).
Retirement Payments
($373,500)
($373,500)
($373,500)
338.100-System Administration
Appropriation (HB 751)
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
$36,421,846 $36,421,846 $36,421,846 $36,421,846
$36,421,846 $36,421,846 $36,421,846 $36,421,846
$36,421,846 $36,421,846 $36,421,846 $36,421,846
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 2017.
THURSDAY, MARCH 10, 2016
2563
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
$339,934,441 $339,934,441
$339,934,441 $339,934,441
$81,691,954 $81,691,954
$79,470,279 $79,470,279
$2,221,675
$2,221,675
$356,552,704 $356,552,704
$3,754,721
$3,754,721
$3,754,721
$3,754,721
$100,000
$100,000
$100,000
$100,000
$352,697,983 $352,697,983
$71,980,698 $71,980,698
$280,717,285 $280,717,285
$3,201,099
$3,201,099
$3,201,099
$3,201,099
$3,201,099
$3,201,099
$781,380,198 $781,380,198
$339,934,441 $339,934,441 $81,691,954 $79,470,279
$2,221,675 $356,552,704
$3,754,721 $3,754,721
$100,000 $100,000 $352,697,983 $71,980,698 $280,717,285 $3,201,099 $3,201,099 $3,201,099 $781,380,198
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
Section Total - Final
$351,400,729 $351,400,729 $81,691,954 $79,470,279
$2,221,675 $356,552,704
$3,754,721 $3,754,721
$100,000 $100,000 $352,697,983 $71,980,698
$351,206,458 $351,206,458 $81,691,954 $79,470,279
$2,221,675 $356,552,704
$3,754,721 $3,754,721
$100,000 $100,000 $352,697,983 $71,980,698
$351,324,324 $351,324,324 $81,691,954 $79,470,279
$2,221,675 $356,552,704
$3,754,721 $3,754,721
$100,000 $100,000 $352,697,983 $71,980,698
2564
JOURNAL OF THE HOUSE
Tuition and Fees for Higher Education TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$280,717,285 $3,201,099 $3,201,099 $3,201,099
$792,846,486
$280,717,285 $3,201,099 $3,201,099 $3,201,099
$792,652,215
$280,717,285 $3,201,099 $3,201,099 $3,201,099
$792,770,081
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
$14,492,443 $14,492,443 $19,324,577 $19,324,577
$6,485,279 $3,754,721 $3,754,721 $2,730,558 $2,730,558 $40,302,299
$14,492,443 $14,492,443 $19,324,577 $19,324,577
$6,485,279 $3,754,721 $3,754,721 $2,730,558 $2,730,558 $40,302,299
$14,492,443 $14,492,443 $19,324,577 $19,324,577
$6,485,279 $3,754,721 $3,754,721 $2,730,558 $2,730,558 $40,302,299
339.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$367,538
$367,538
$367,538
339.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$13,386
$0
$6,529
339.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$789
$789
$789
339.4 Transfer funds from the Technical Education program to the Adult Education program for 20 additional full-time adult education instructors and utilize existing funds to shift 30 part-time instructors to full-time to reach 50 additional full-time instructors.
State General Funds
$1,208,620
$1,208,620
$1,208,620
THURSDAY, MARCH 10, 2016
2565
339.5 Utilize existing funds to provide GED and educational opportunities for inmates in county correctional facilities. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
339.100 -Adult Education
Appropriation (HB 751)
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
$16,082,776 $16,069,390 $16,075,919
State General Funds
$16,082,776 $16,069,390 $16,075,919
TOTAL FEDERAL FUNDS
$19,324,577 $19,324,577 $19,324,577
Federal Funds Not Itemized
$19,324,577 $19,324,577 $19,324,577
TOTAL AGENCY FUNDS
$6,485,279
$6,485,279
$6,485,279
Intergovernmental Transfers
$3,754,721
$3,754,721
$3,754,721
Intergovernmental Transfers Not Itemized
$3,754,721
$3,754,721
$3,754,721
Sales and Services
$2,730,558
$2,730,558
$2,730,558
Sales and Services Not Itemized
$2,730,558
$2,730,558
$2,730,558
TOTAL PUBLIC FUNDS
$41,892,632 $41,879,246 $41,885,775
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 Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$8,719,592 $8,719,592
$100,000 $100,000 $100,000 $100,515 $100,515 $100,515 $8,920,107
$8,719,592 $8,719,592
$100,000 $100,000 $100,000 $100,515 $100,515 $100,515 $8,920,107
$8,719,592 $8,719,592
$100,000 $100,000 $100,000 $100,515 $100,515 $100,515 $8,920,107
2566
JOURNAL OF THE HOUSE
340.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$219,324
$219,324
$219,324
340.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,968
$0
$1,448
340.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($3,876)
($3,876)
($3,876)
340.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$7,036
$7,036
$7,036
340.5 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$97,236
$72,927
340.6 Encourage the Technical College System of Georgia to create third-party cooperative arrangements with the Georgia Vocational Rehabilitation Agency to maximize financial assistance for vocational rehabilitation clients. (H:YES)(S:YES)
State General Funds
$0
$0
340.100-Departmental Administration
Appropriation (HB 751)
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
$8,945,044
$9,039,312
$9,016,451
State General Funds
$8,945,044
$9,039,312
$9,016,451
TOTAL AGENCY FUNDS
$100,000
$100,000
$100,000
Rebates, Refunds, and Reimbursements
$100,000
$100,000
$100,000
Rebates, Refunds, and Reimbursements Not Itemized
$100,000
$100,000
$100,000
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$100,515
$100,515
$100,515
State Funds Transfers
$100,515
$100,515
$100,515
Agency to Agency Contracts
$100,515
$100,515
$100,515
TOTAL PUBLIC FUNDS
$9,145,559
$9,239,827
$9,216,966
THURSDAY, MARCH 10, 2016
2567
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
$13,060,226 $13,060,226
$171,029 $171,029 $8,796,822 $8,796,822 $8,796,822 $22,028,077
$13,060,226 $13,060,226
$171,029 $171,029 $8,796,822 $8,796,822 $8,796,822 $22,028,077
$13,060,226 $13,060,226
$171,029 $171,029 $8,796,822 $8,796,822 $8,796,822 $22,028,077
341.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$233,802
$233,802
$233,802
341.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$3,130
$0
$1,527
341.3 Reduce funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
($4,048)
($4,048)
($4,048)
341.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$1,293
$1,293
$1,293
341.100 -Quick Start and Customized Services
Appropriation (HB 751)
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
$13,294,403 $13,291,273 $13,292,800
State General Funds
$13,294,403 $13,291,273 $13,292,800
TOTAL FEDERAL FUNDS
$171,029
$171,029
$171,029
Federal Funds Not Itemized
$171,029
$171,029
$171,029
TOTAL AGENCY FUNDS
$8,796,822
$8,796,822
$8,796,822
2568
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$8,796,822 $8,796,822 $22,262,254
$8,796,822 $8,796,822 $22,259,124
$8,796,822 $8,796,822 $22,260,651
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
$303,662,180 $303,662,180 $62,196,348 $59,974,673
$2,221,675 $341,170,603 $341,170,603 $60,453,318 $280,717,285
$3,100,584 $3,100,584 $3,100,584 $710,129,715
$303,662,180 $303,662,180 $62,196,348 $59,974,673
$2,221,675 $341,170,603 $341,170,603 $60,453,318 $280,717,285
$3,100,584 $3,100,584 $3,100,584 $710,129,715
$303,662,180 $303,662,180 $62,196,348 $59,974,673
$2,221,675 $341,170,603 $341,170,603 $60,453,318 $280,717,285
$3,100,584 $3,100,584 $3,100,584 $710,129,715
342.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$8,030,740
$8,030,740
$8,030,740
342.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$272,023
$0
$132,671
342.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$80,563
$80,563
$80,563
342.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$162,240
$162,240
$162,240
THURSDAY, MARCH 10, 2016
2569
342.5 Increase funds for formula growth to reflect a 1.7% increase in square footage.
State General Funds
$891,484
$891,484
$891,484
342.6 Transfer funds from the Technical Education program to the Adult Education program for 20 additional full-time adult education instructors.
State General Funds
($1,208,620) ($1,208,620) ($1,208,620)
342.7 Increase funds for one-time funding for equipment at the Military and Academic Training Center.
State General Funds
$1,187,896
$1,187,896
$1,187,896
342.8 Utilize existing funds to provide vocational education opportunities for inmates in county correctional facilities. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
342.9 Encourage the Technical College System of Georgia to create third-party cooperative arrangements with the Georgia Vocational Rehabilitation Agency to maximize financial assistance for vocational rehabilitation clients. (H:YES)(S:YES)
State General Funds
$0
$0
342.100 -Technical Education
Appropriation (HB 751)
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
$313,078,506 $312,806,483 $312,939,154
State General Funds
$313,078,506 $312,806,483 $312,939,154
TOTAL FEDERAL FUNDS
$62,196,348 $62,196,348 $62,196,348
Federal Funds Not Itemized
$59,974,673 $59,974,673 $59,974,673
FFIND Child Care and Development Block Grant CFDA93.575
$2,221,675
$2,221,675
$2,221,675
TOTAL AGENCY FUNDS
$341,170,603 $341,170,603 $341,170,603
Sales and Services
$341,170,603 $341,170,603 $341,170,603
Sales and Services Not Itemized
$60,453,318 $60,453,318 $60,453,318
Tuition and Fees for Higher Education
$280,717,285 $280,717,285 $280,717,285
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$3,100,584
$3,100,584
$3,100,584
State Funds Transfers
$3,100,584
$3,100,584
$3,100,584
Agency to Agency Contracts
$3,100,584
$3,100,584
$3,100,584
TOTAL PUBLIC FUNDS
$719,546,041 $719,274,018 $719,406,689
2570
JOURNAL OF THE HOUSE
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 Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$890,537,224 $890,537,224 $890,537,224
$23,960,710 $23,960,710 $23,960,710
$866,576,514 $866,576,514 $866,576,514
$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
$93,537,703 $93,537,703 $93,537,703
$3,971,000
$3,971,000
$3,971,000
$3,971,000
$3,971,000
$3,971,000
$39,945,170 $39,945,170 $39,945,170
$39,945,170 $39,945,170 $39,945,170
$49,621,533 $49,621,533 $49,621,533
$49,621,533 $49,621,533 $49,621,533
$2,577,221,237 $2,577,221,237 $2,577,221,237
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
$1,714,541,590 $54,477,590
$1,660,064,000 $1,593,146,310
$66,861,369 $1,526,284,941
$93,537,703 $3,971,000 $3,971,000
$39,945,170 $39,945,170 $49,621,533 $49,621,533 $3,401,225,603
$1,714,544,035 $54,480,035
$1,660,064,000 $1,593,146,310
$66,861,369 $1,526,284,941
$93,537,703 $3,971,000 $3,971,000
$39,945,170 $39,945,170 $49,621,533 $49,621,533 $3,401,228,048
$1,714,542,577 $54,478,577
$1,660,064,000 $1,593,146,310
$66,861,369 $1,526,284,941
$93,537,703 $3,971,000 $3,971,000
$39,945,170 $39,945,170 $49,621,533 $49,621,533 $3,401,226,590
THURSDAY, MARCH 10, 2016
2571
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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$223,238,790 $0
$223,238,790 $925,252,699 $925,252,699 $55,300,430 $38,737,112 $38,737,112 $16,563,318 $16,563,318 $1,203,791,919
$223,238,790 $0
$223,238,790 $925,252,699 $925,252,699 $55,300,430 $38,737,112 $38,737,112 $16,563,318 $16,563,318 $1,203,791,919
$223,238,790 $0
$223,238,790 $925,252,699 $925,252,699 $55,300,430 $38,737,112 $38,737,112 $16,563,318 $16,563,318 $1,203,791,919
343.1 Increase and allocate funds in accordance with the Strategic Transportation Plan approved pursuant to O.C.G.A. 32-5-27.1.
State Motor Fuel Funds
$239,800,654
343.98 Transfer funds and any associated prior year funds to consolidate the Capital Construction Projects program into the Capital Projects program.
State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 Sales and Services Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds:
($223,238,790) ($223,238,790)
$0
($925,252,699) ($925,252,699)
$0
($16,563,318) ($16,563,318)
$0
($38,737,112) ($38,737,112)
$0
($1,203,791,919) ($1,203,791,919)
$0
343.100 -Capital Construction Projects
Appropriation (HB 751)
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
$0
$0 $463,039,444
State Motor Fuel Funds
$0
$0 $463,039,444
TOTAL FEDERAL FUNDS
$0
$0 $925,252,699
Federal Highway Admin.-Planning & Construction CFDA20.205
$0
$0 $925,252,699
2572
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0
$0 $55,300,430
$0
$0 $38,737,112
$0
$0 $38,737,112
$0
$0 $16,563,318
$0
$0 $16,563,318
$0
$0 $1,443,592,573
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
$41,483,404 $0
$41,483,404 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $225,052,363
$41,483,404 $0
$41,483,404 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $225,052,363
$41,483,404 $0
$41,483,404 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $225,052,363
344.1 Increase and allocate funds in accordance with the Strategic Transportation Plan approved pursuant to O.C.G.A. 32-5-27.1.
State Motor Fuel Funds
$302,954,123
344.98 Transfer funds and any associated prior year motor fuel funds to consolidate the Capital Maintenance Projects program into the Capital Projects program.
State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 Sales and Services Not Itemized Total Public Funds:
($41,483,404) ($41,483,404)
$0
($183,218,385) ($183,218,385)
$0
($350,574)
($350,574)
$0
($225,052,363) ($225,052,363)
$0
344.100 -Capital Maintenance Projects
The purpose of this appropriation is to provide funding for capital outlay for maintenance projects.
TOTAL STATE FUNDS
$0
State Motor Fuel Funds
$0
Appropriation (HB 751)
$0 $344,437,527 $0 $344,437,527
THURSDAY, MARCH 10, 2016
2573
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0
$0 $183,218,385
$0
$0 $183,218,385
$0
$0
$350,574
$0
$0
$350,574
$0
$0
$350,574
$0
$0 $528,006,486
Capital Projects
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
345.1 Increase funds to recognize additional revenue from HB170 (2015 Session) for capital projects.
State Motor Fuel Funds
$543,119,831 $543,119,831
$0
345.98 Transfer funds and any associated prior year motor fuel funds to consolidate the Capital Construction Projects, Capital Maintenance Projects, and Local Roads Assistance Administration programs into the Capital Projects program.
State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 Sales and Services Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds:
$269,068,655 $269,068,655
$0
$1,200,127,001 $1,200,127,001
$0
$17,509,125 $17,509,125
$0
$38,737,112 $38,737,112
$0
$1,525,441,893 $1,525,441,893
$0
345.99 SAC: The purpose of this appropriation is to provide funding for Capital Outlay road construction, maintenance, and enhancement projects on local and state road systems and to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. House: The purpose of this appropriation is to provide funding for Capital Outlay road construction, maintenance, and enhancement projects on local and state road systems and to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. Governor: The purpose of this appropriation is to provide funding for Capital Outlay road construction, maintenance, and enhancement projects on local and state road systems and to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges.
State General Funds
$0
$0
$0
2574
JOURNAL OF THE HOUSE
345.100 -Capital Projects
Appropriation (HB 751)
The purpose of this appropriation is to provide funding for Capital Outlay road construction, maintenance, and enhancement projects
on local and state road systems and to provide technical and financial assistance to local governments for construction, maintenance,
and resurfacing of local roads and bridges.
TOTAL STATE FUNDS
$812,188,486 $812,188,486
$0
State Motor Fuel Funds
$812,188,486 $812,188,486
TOTAL FEDERAL FUNDS
$1,200,127,001 $1,200,127,001
Federal Highway Admin.-Planning & Construction CFDA20.205
$1,200,127,001 $1,200,127,001
TOTAL AGENCY FUNDS
$56,246,237 $56,246,237
Intergovernmental Transfers
$38,737,112 $38,737,112
Intergovernmental Transfers Not Itemized
$38,737,112 $38,737,112
Sales and Services
$17,509,125 $17,509,125
Sales and Services Not Itemized
$17,509,125 $17,509,125
TOTAL PUBLIC FUNDS
$2,068,561,724 $2,068,561,724
$0
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 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
$82,124,154 $0
$82,124,154 $68,642,990 $68,642,990
$4,463,619 $3,500,000 $3,500,000
$526,415 $526,415 $437,204 $437,204 $155,230,763
$82,124,154 $0
$82,124,154 $68,642,990 $68,642,990
$4,463,619 $3,500,000 $3,500,000
$526,415 $526,415 $437,204 $437,204 $155,230,763
$82,124,154 $0
$82,124,154 $68,642,990 $68,642,990
$4,463,619 $3,500,000 $3,500,000
$526,415 $526,415 $437,204 $437,204 $155,230,763
THURSDAY, MARCH 10, 2016
2575
346.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State Motor Fuel Funds
$1,974,916
$1,974,916
$1,974,916
346.2 Increase funds to recognize additional revenue from HB170 (2015 Session) for construction administration.
State Motor Fuel Funds
$12,593,486 $12,593,486 $12,593,486
346.100-Construction Administration
Appropriation (HB 751)
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
$96,692,556 $96,692,556 $96,692,556
State Motor Fuel Funds
$96,692,556 $96,692,556 $96,692,556
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
$4,463,619
$4,463,619
$4,463,619
Reserved Fund Balances
$3,500,000
$3,500,000
$3,500,000
Reserved Fund Balances Not Itemized
$3,500,000
$3,500,000
$3,500,000
Intergovernmental Transfers
$526,415
$526,415
$526,415
Intergovernmental Transfers Not Itemized
$526,415
$526,415
$526,415
Sales and Services
$437,204
$437,204
$437,204
Sales and Services Not Itemized
$437,204
$437,204
$437,204
TOTAL PUBLIC FUNDS
$169,799,165 $169,799,165 $169,799,165
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 Reserved Fund Balances
$2,825,346 $0
$2,825,346 $10,270,257 $10,270,257
$295,257 $233,000
$2,825,346 $0
$2,825,346 $10,270,257 $10,270,257
$295,257 $233,000
$2,825,346 $0
$2,825,346 $10,270,257 $10,270,257
$295,257 $233,000
2576
JOURNAL OF THE HOUSE
Reserved Fund Balances Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$233,000 $62,257 $62,257
$13,390,860
$233,000 $62,257 $62,257
$13,390,860
$233,000 $62,257 $62,257
$13,390,860
347.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State Motor Fuel Funds
$12,363
$12,363
$12,363
347.2 Transfer funds from the Data Collection, Compliance and Reporting program to the Departmental Administration program to align budget to expenditures.
State Motor Fuel Funds
($1,000,000) ($1,000,000) ($1,000,000)
347.100 -Data Collection, Compliance and Reporting
Appropriation (HB 751)
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
$1,837,709
$1,837,709
$1,837,709
State Motor Fuel Funds
$1,837,709
$1,837,709
$1,837,709
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
$295,257
$295,257
$295,257
Reserved Fund Balances
$233,000
$233,000
$233,000
Reserved Fund Balances Not Itemized
$233,000
$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
$12,403,223 $12,403,223 $12,403,223
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
$55,760,528 $0
$55,760,528 $10,839,823
$55,760,528 $0
$55,760,528 $10,839,823
$55,760,528 $0
$55,760,528 $10,839,823
THURSDAY, MARCH 10, 2016
2577
Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$10,839,823 $1,136,970 $238,000 $238,000 $898,970 $898,970
$67,737,321
$10,839,823 $1,136,970 $238,000 $238,000 $898,970 $898,970
$67,737,321
$10,839,823 $1,136,970 $238,000 $238,000 $898,970 $898,970
$67,737,321
348.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State Motor Fuel Funds
$1,006,251
$1,006,251
$1,006,251
348.2 Increase funds to recognize additional revenue from HB170 (2015 Session) for departmental administration.
State Motor Fuel Funds
$8,457,398
$8,457,398
$8,457,398
348.3 Transfer funds from the Planning ($750,000) and Data Collection, Compliance and Reporting ($1,000,000) programs to the Departmental Administration program to align budget to expenditures.
State Motor Fuel Funds
$1,750,000
$1,750,000
$1,750,000
348.4 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$2,445
$1,834
348.100-Departmental Administration
Appropriation (HB 751)
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
$66,974,177 $66,976,622 $66,976,011
State General Funds
$0
$2,445
$1,834
State Motor Fuel Funds
$66,974,177 $66,974,177 $66,974,177
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
$1,136,970
$1,136,970
$1,136,970
Reserved Fund Balances
$238,000
$238,000
$238,000
Reserved Fund Balances Not Itemized
$238,000
$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
$78,950,970 $78,953,415 $78,952,804
2578
JOURNAL OF THE HOUSE
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
$16,321,171 $16,321,171 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589 $100,589 $83,964,772
$16,321,171 $16,321,171 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589 $100,589 $83,964,772
$16,321,171 $16,321,171 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589 $100,589 $83,964,772
349.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$51,887
$51,887
$51,887
349.2 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$7,416
$7,416
$7,416
349.3 Increase funds for Airport Aid grants based on projected revenues resulting from HB170 (2015 Session).
State General Funds
$1,538,556
$1,538,556
$1,538,556
349.4 Reduce funds to reflect an adjustment in merit system assessments.
State General Funds
($847)
349.100 -Intermodal
Appropriation (HB 751)
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
$17,919,030 $17,919,030 $17,918,183
State General Funds
$17,919,030 $17,919,030 $17,918,183
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
THURSDAY, MARCH 10, 2016
2579
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$681,643 $681,643 $100,589 $100,589 $85,562,631
$681,643 $681,643 $100,589 $100,589 $85,562,631
$681,643 $681,643 $100,589 $100,589 $85,561,784
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
$124,470,000 $0
$124,470,000 $124,470,000
$124,470,000 $0
$124,470,000 $124,470,000
$124,470,000 $0
$124,470,000 $124,470,000
350.1 Increase funds to recognize additional revenue from HB170 (2015 Session) for Local Maintenance and Improvement grants.
State Motor Fuel Funds
$41,092,234 $41,092,234 $41,092,234
350.100 -Local Maintenance and Improvement Grants
Appropriation (HB 751)
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
$165,562,234 $165,562,234 $165,562,234
State Motor Fuel Funds
$165,562,234 $165,562,234 $165,562,234
TOTAL PUBLIC FUNDS
$165,562,234 $165,562,234 $165,562,234
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
$4,346,461 $0
$4,346,461 $91,655,917 $91,655,917
$4,346,461 $0
$4,346,461 $91,655,917 $91,655,917
$4,346,461 $0
$4,346,461 $91,655,917 $91,655,917
2580
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$595,233 $595,233 $595,233 $96,597,611
$595,233 $595,233 $595,233 $96,597,611
$595,233 $595,233 $595,233 $96,597,611
351.1 Increase and allocate funds in accordance with the Strategic Transportation Plan approved pursuant to O.C.G.A. 32-5-27.1.
State Motor Fuel Funds
$365,054
351.98 Transfer funds and any associated prior year motor fuel funds to consolidate the Local Road Assistance Administration program into the Capital Projects program.
State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 Sales and Services Not Itemized Total Public Funds:
($4,346,461) ($4,346,461)
$0
($91,655,917) ($91,655,917)
$0
($595,233)
($595,233)
$0
($96,597,611) ($96,597,611)
$0
351.100 -Local Road Assistance Administration
Appropriation (HB 751)
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
$0
$0
$4,711,515
State Motor Fuel Funds
$0
$0
$4,711,515
TOTAL FEDERAL FUNDS
$0
$0 $91,655,917
Federal Highway Admin.-Planning & Construction CFDA20.205
$0
$0 $91,655,917
TOTAL AGENCY FUNDS
$0
$0
$595,233
Sales and Services
$0
$0
$595,233
Sales and Services Not Itemized
$0
$0
$595,233
TOTAL PUBLIC FUNDS
$0
$0 $96,962,665
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
$2,270,378 $0
$2,270,378 $0
$2,270,378 $0
THURSDAY, MARCH 10, 2016
2581
State Motor Fuel Funds TOTAL FEDERAL FUNDS
Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS
$2,270,378 $14,683,804 $14,683,804 $16,954,182
$2,270,378 $14,683,804 $14,683,804 $16,954,182
$2,270,378 $14,683,804 $14,683,804 $16,954,182
352.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State Motor Fuel Funds
$24,940
$24,940
$24,940
352.2 Increase funds to recognize additional revenue from HB170 (2015 Session) for planning.
State Motor Fuel Funds
$224,432
$224,432
$224,432
352.3 Transfer funds from the Planning program to the Departmental Administration program to align budget to expenditures.
State Motor Fuel Funds
($750,000)
($750,000)
($750,000)
352.100 -Planning
Appropriation (HB 751)
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
$1,769,750
$1,769,750
$1,769,750
State Motor Fuel Funds
$1,769,750
$1,769,750
$1,769,750
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
$16,453,554 $16,453,554 $16,453,554
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
$216,339,439 $0
$216,339,439 $25,086,452
$216,339,439 $0
$216,339,439 $25,086,452
$216,339,439 $0
$216,339,439 $25,086,452
2582
JOURNAL OF THE HOUSE
Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$25,086,452 $5,078,904 $5,078,904 $5,078,904
$246,504,795
$25,086,452 $5,078,904 $5,078,904 $5,078,904
$246,504,795
$25,086,452 $5,078,904 $5,078,904 $5,078,904
$246,504,795
353.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State Motor Fuel Funds
$2,763,168
$2,763,168
$2,763,168
353.2 Increase funds to recognize additional revenue from HB170 (2015 Session) for routine maintenance.
State Motor Fuel Funds
$204,743,644 $204,743,644 $204,743,644
353.100 -Routine Maintenance
Appropriation (HB 751)
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
$423,846,251 $423,846,251 $423,846,251
State Motor Fuel Funds
$423,846,251 $423,846,251 $423,846,251
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
$454,011,607 $454,011,607 $454,011,607
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.
THURSDAY, MARCH 10, 2016
2583
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
$21,871,601 $0
$21,871,601 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $93,516,627
$21,871,601 $0
$21,871,601 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $93,516,627
$21,871,601 $0
$21,871,601 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $93,516,627
354.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State Motor Fuel Funds
$438,527
$438,527
$438,527
354.2 Increase funds to recognize additional revenue from HB170 (2015 Session) for traffic management, traffic engineering, and signals.
State Motor Fuel Funds
$3,752,483
$3,752,483
$3,752,483
354.100-Traffic Management and Control
Appropriation (HB 751)
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
$26,062,611 $26,062,611 $26,062,611
State Motor Fuel Funds
$26,062,611 $26,062,611 $26,062,611
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
$97,707,637 $97,707,637 $97,707,637
Payments to the State Road and Tollway Authority
Continuation Budget
The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations.
2584
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 PUBLIC FUNDS
355.1 Replace funds.
State General Funds State Motor Fuel Funds Total Public Funds:
355.2 Increase funds for debt service.
State General Funds
$99,485,952 $7,639,539
$91,846,413 $150,524,072 $150,524,072 $250,010,024
$99,485,952 $7,639,539
$91,846,413 $150,524,072 $150,524,072 $250,010,024
$99,485,952 $7,639,539
$91,846,413 $150,524,072 $150,524,072 $250,010,024
$26,716,187 ($26,716,187)
$0
$26,716,187 ($26,716,187)
$0
$26,716,187 ($26,716,187)
$0
$2,202,834
$2,202,834
$2,202,834
355.100-Payments to the State Road and Tollway Authority
Appropriation (HB 751)
The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations.
TOTAL STATE FUNDS
$101,688,786 $101,688,786 $101,688,786
State General Funds
$36,558,560 $36,558,560 $36,558,560
State Motor Fuel Funds
$65,130,226 $65,130,226 $65,130,226
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
$252,212,858 $252,212,858 $252,212,858
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,
THURSDAY, MARCH 10, 2016
2585
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
$20,812,317 $20,812,317
$20,812,317 $20,812,317
$14,855,830 $14,855,830
$14,855,830 $14,855,830
$3,131,422
$3,131,422
$3,131,422
$3,131,422
$3,131,422
$3,131,422
$38,799,569 $38,799,569
$20,812,317 $20,812,317 $14,855,830 $14,855,830
$3,131,422 $3,131,422 $3,131,422 $38,799,569
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
$21,336,288 $21,336,288 $14,734,560 $14,734,560
$3,104,119 $3,104,119 $3,104,119 $39,174,967
$21,338,850 $21,338,850 $14,734,560 $14,734,560
$3,104,119 $3,104,119 $3,104,119 $39,177,529
$21,362,511 $21,362,511 $14,734,560 $14,734,560
$3,104,119 $3,104,119 $3,104,119 $39,201,190
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.
2586
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,801,404 $1,801,404 $1,801,404
$1,801,404 $1,801,404 $1,801,404
$1,801,404 $1,801,404 $1,801,404
356.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$20,316
$20,316
$20,316
356.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$376
$0
$34
356.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$5,065
$5,065
$5,065
356.4 Reduce funds to reflect an adjustment in TeamWorks billings.
State General Funds
($172)
($172)
($172)
356.5 Increase funds to reflect an adjustment in payroll shared services billings.
State General Funds
$2,855
$2,855
$2,855
356.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$6,910
$5,183
356.7 Utilize existing funds ($25,000) for the Vietnam War Certificate of Honor initiative. (H:YES)(S:Increase funds for the Vietnam War Certificate of Honor initiative)
State General Funds
$0
$25,000
356.100 -Administration
Appropriation (HB 751)
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
$1,829,844
$1,836,378
$1,859,685
State General Funds
$1,829,844
$1,836,378
$1,859,685
TOTAL PUBLIC FUNDS
$1,829,844
$1,836,378
$1,859,685
THURSDAY, MARCH 10, 2016
2587
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
$661,086 $661,086 $178,004 $178,004 $839,090
$661,086 $661,086 $178,004 $178,004 $839,090
$661,086 $661,086 $178,004 $178,004 $839,090
357.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$7,455
$7,455
$7,455
357.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$138
$0
$12
357.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$1,858
$1,858
$1,858
357.4 Transfer funds from the Veterans Benefits program to the Georgia Veterans Memorial Cemetery program to reflect projected expenditures.
Federal Funds Not Itemized
$750,000
$750,000
$750,000
357.100-Georgia Veterans Memorial Cemetery
Appropriation (HB 751)
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
$670,537
$670,399
$670,411
State General Funds
$670,537
$670,399
$670,411
TOTAL FEDERAL FUNDS
$928,004
$928,004
$928,004
Federal Funds Not Itemized
$928,004
$928,004
$928,004
TOTAL PUBLIC FUNDS
$1,598,541
$1,598,403
$1,598,415
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.
2588
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
$11,951,352 $11,951,352 $13,300,386 $13,300,386
$2,381,422 $2,381,422 $2,381,422 $27,633,160
$11,951,352 $11,951,352 $13,300,386 $13,300,386
$2,381,422 $2,381,422 $2,381,422 $27,633,160
$11,951,352 $11,951,352 $13,300,386 $13,300,386
$2,381,422 $2,381,422 $2,381,422 $27,633,160
358.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$392,100
$392,100
$392,100
358.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$2,497
$0
$223
358.3 Transfer funds from the Georgia War Veterans Nursing Homes program to the Veterans Benefits program for two veterans field service officers.
State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds:
($93,967) ($121,270)
($27,303) ($242,540)
($93,967) ($121,270)
($27,303) ($242,540)
($93,967) ($121,270)
($27,303) ($242,540)
358.4 Transfer funds from the Veterans Benefits program to the Georgia War Veterans Nursing Homes program to reflect projected expenditures.
Sales and Services Not Itemized
$750,000
$600,000
$750,000
358.100-Georgia War Veterans Nursing Homes
Appropriation (HB 751)
The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.
TOTAL STATE FUNDS
$12,251,982 $12,249,485 $12,249,708
State General Funds
$12,251,982 $12,249,485 $12,249,708
TOTAL FEDERAL FUNDS
$13,179,116 $13,179,116 $13,179,116
Federal Funds Not Itemized
$13,179,116 $13,179,116 $13,179,116
TOTAL AGENCY FUNDS
$3,104,119
$2,954,119
$3,104,119
Sales and Services
$3,104,119
$2,954,119
$3,104,119
Sales and Services Not Itemized
$3,104,119
$2,954,119
$3,104,119
TOTAL PUBLIC FUNDS
$28,535,217 $28,382,720 $28,532,943
THURSDAY, MARCH 10, 2016
2589
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
$6,398,475 $6,398,475 $1,377,440 $1,377,440
$750,000 $750,000 $750,000 $8,525,915
$6,398,475 $6,398,475 $1,377,440 $1,377,440
$750,000 $750,000 $750,000 $8,525,915
$6,398,475 $6,398,475 $1,377,440 $1,377,440
$750,000 $750,000 $750,000 $8,525,915
359.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$72,159
$72,159
$72,159
359.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$1,337
$0
$119
359.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$17,987
$17,987
$17,987
359.4 Transfer funds from the Georgia War Veterans Nursing Homes program to the Veterans Benefits program for two veterans field service officers.
State General Funds
$93,967
$93,967
$93,967
359.5 Transfer funds from the Veterans Benefits program to the Georgia Veterans Memorial Cemetery program to reflect projected expenditures.
Federal Funds Not Itemized
($750,000)
($750,000)
($750,000)
359.6 Transfer funds from the Veterans Benefits program to the Georgia War Veterans Nursing Homes program to reflect projected expenditures.
Sales and Services Not Itemized
($750,000)
($600,000)
($750,000)
2590
JOURNAL OF THE HOUSE
359.7 Utilize existing funds ($150,000) for one Women's Veterans Services Coordinator position. (H:YES)(S:NO)
State General Funds
$0
$0
359.100 -Veterans Benefits
Appropriation (HB 751)
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
$6,583,925
$6,582,588
$6,582,707
State General Funds
$6,583,925
$6,582,588
$6,582,707
TOTAL FEDERAL FUNDS
$627,440
$627,440
$627,440
Federal Funds Not Itemized
$627,440
$627,440
$627,440
TOTAL AGENCY FUNDS
$0
$150,000
$0
Sales and Services
$0
$150,000
$0
Sales and Services Not Itemized
$0
$150,000
$0
TOTAL PUBLIC FUNDS
$7,211,365
$7,360,028
$7,210,147
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
$22,318,356 $22,318,356
$22,318,356 $22,318,356
$373,832
$373,832
$373,832
$373,832
$373,832
$373,832
$22,692,188 $22,692,188
$22,318,356 $22,318,356
$373,832 $373,832 $373,832 $22,692,188
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$20,726,075 $20,726,075
$373,832 $373,832 $373,832 $21,099,907
$20,722,774 $20,722,774
$373,832 $373,832 $373,832 $21,096,606
$20,267,061 $20,267,061
$373,832 $373,832 $373,832 $20,640,893
THURSDAY, MARCH 10, 2016
2591
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
$12,442,450 $12,442,450
$308,353 $308,353 $308,353 $12,750,803
$12,442,450 $12,442,450
$308,353 $308,353 $308,353 $12,750,803
$12,442,450 $12,442,450
$308,353 $308,353 $308,353 $12,750,803
360.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$257,003
$257,003
$257,003
360.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$8,480
$0
$4,604
360.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$3,748
$3,748
$3,748
360.4 Reduce funds to reflect an increase in operating efficiencies.
State General Funds
($257,003)
360.100 -Administer the Workers' Compensation Laws
Appropriation (HB 751)
The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation
law.
TOTAL STATE FUNDS
$12,711,681 $12,703,201 $12,450,802
State General Funds
$12,711,681 $12,703,201 $12,450,802
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
$13,020,034 $13,011,554 $12,759,155
2592
JOURNAL OF THE HOUSE
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
$9,875,906 $9,875,906
$65,479 $65,479 $65,479 $9,941,385
$9,875,906 $9,875,906
$65,479 $65,479 $65,479 $9,941,385
$9,875,906 $9,875,906
$65,479 $65,479 $65,479 $9,941,385
361.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
State General Funds
$203,991
$203,991
$203,991
361.2 Increase funds to reflect an adjustment in merit system assessments.
State General Funds
$6,731
$0
$3,654
361.3 Increase funds to reflect an adjustment in agency premiums for Department of Administrative Services administered self insurance programs.
State General Funds
$2,974
$2,974
$2,974
361.4 Increase funds to reflect an adjustment in TeamWorks billings.
State General Funds
$1,239
$1,239
$1,239
361.5 Reduce funds for the payment to the Office of the State Treasurer from $4,152,893 to $2,076,446.
State General Funds
($2,076,447) ($2,076,447) ($2,076,447)
361.6 Increase funds to reflect an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees.
State General Funds
$11,910
$8,933
361.7 Reduce funds to reflect an increase in operating efficiencies.
State General Funds
($203,991)
361.100 -Board Administration
Appropriation (HB 751)
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.
THURSDAY, MARCH 10, 2016
2593
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$8,014,394 $8,014,394
$65,479 $65,479 $65,479 $8,079,873
$8,019,573 $8,019,573
$65,479 $65,479 $65,479 $8,085,052
$7,816,259 $7,816,259
$65,479 $65,479 $65,479 $7,881,738
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
$1,214,707,801 $1,214,707,801 $1,214,707,801 $1,077,930,524 $1,077,930,524 $1,077,930,524
$136,777,277 $136,777,277 $136,777,277 $20,010,634 $20,010,634 $20,010,634 $20,010,634 $20,010,634 $20,010,634 $1,234,718,435 $1,234,718,435 $1,234,718,435
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$1,209,918,231 $1,209,918,231
$20,010,634 $20,010,634 $1,229,928,865
$1,203,964,677 $1,203,964,677
$20,010,634 $20,010,634 $1,223,975,311
$1,204,167,769 $1,204,167,769
$20,010,634 $20,010,634 $1,224,178,403
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
$1,096,780,192 $960,002,915 $136,777,277 $20,010,634 $20,010,634
$1,116,790,826
$1,096,780,192 $960,002,915 $136,777,277 $20,010,634 $20,010,634
$1,116,790,826
$1,096,780,192 $960,002,915 $136,777,277 $20,010,634 $20,010,634
$1,116,790,826
362.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.
State General Funds
$117,927,609 $117,927,609 $117,927,609
2594
JOURNAL OF THE HOUSE
362.2 Reduce funds for debt service to reflect savings associated with refundings and favorable rates received in recent bond sales.
State General Funds
($118,912,247) ($118,912,247) ($118,912,247)
362.3 Replace funds for debt service on road and bridge general obligation bonds.
State General Funds State Motor Fuel Funds Total Public Funds:
$136,777,277 $136,777,277 $136,777,277
($136,777,277) ($136,777,277) ($136,777,277)
$0
$0
$0
362.4 Increase funds for debt service.
State General Funds
$18,759,655
$6,488,687
$1,068,228
362.5 Increase funds for debt service on road and bridge projects to meet projected need.
State General Funds
$1,709,202
$1,709,202
$1,709,202
362.6 Redirect $680,000 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 FY2017 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
362.7 Redirect $330,000 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 - Exceptional Growth (HB78, Bond 379.302) to be used for the FY2017 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
362.8 Redirect $315,000 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 - Low Wealth (HB78, Bond 379.304) to be used for the FY2017 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
362.9 Redirect $3,600,000 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 FY2017 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
THURSDAY, MARCH 10, 2016
2595
362.10 Redirect $12,000,000 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 FY2017 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
362.11 Redirect $11,590,000 in 20-year unissued bonds from FY2015 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 (HB744, Bond #1) to be used for the FY2017 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
362.12 Redirect $1,540,000 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 - Growth (HB742, Bond #2) to be used for the FY2017 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
362.13 Repeal the authorization of $3,000,000 in unissued 5-year bonds from FY2015 (HB744, Bond #110, revised in HB75) to upgrade information systems for the Secretary of State.
State General Funds
($694,200)
($694,200)
362.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS
State General Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
Appropriation (HB 751)
$1,116,264,411 $1,103,299,243 $1,097,878,784 $1,116,264,411 $1,103,299,243 $1,097,878,784
$20,010,634 $20,010,634 $20,010,634 $20,010,634 $20,010,634 $20,010,634 $1,136,275,045 $1,123,309,877 $1,117,889,418
General Obligation Debt Sinking Fund - New
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$117,927,609 $117,927,609 $117,927,609
$117,927,609 $117,927,609 $117,927,609
$117,927,609 $117,927,609 $117,927,609
2596
JOURNAL OF THE HOUSE
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
$31,139,498 $34,666,034 $36,710,453
$1,556,416
$2,125,464
$2,057,072
$48,379,836 $50,412,836 $52,668,396
$12,578,070 $13,461,100 $14,853,064
$93,653,820 $100,665,434 $106,288,985
Total Principal Amount
5 year at 5.07%
State General Funds
$134,570,000 $149,810,000 $158,645,000
10 year at 5.52%
State General Funds
$11,720,000 $16,005,000 $15,490,000
20 year at 5.77%
State General Funds
$565,185,000 $588,935,000 $615,285,000
20 year at 6.5%
State General Funds
$138,525,000 $148,250,000 $163,580,000
Total Amount
State General Funds
$850,000,000 $903,000,000 $953,000,000
363.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.
State General Funds
($117,927,609) ($117,927,609) ($117,927,609)
THURSDAY, MARCH 10, 2016
2597
363.100 -General Obligation Debt Sinking Fund - New
Appropriation (HB 751)
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$0
$0
$0
$0
$0
$0
$0
$0
$0
Education, Department of
363.101 BOND: K - 12 Schools: $172,455,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Regular for local school
construction statewide.
From State General Funds, $14,762,148 is specifically appropriated for the State Board of Education (Department
of Education) for the purpose of financing educational facilities for county and independent school systems,
through the issuance of not more than $172,455,000 in principal amount of General Obligation Debt, the
instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$14,762,148 $14,762,148 $14,762,148
Education, Department of
363.102 BOND: K - 12 Schools: $4,335,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Regular Advance for local school
construction statewide.
From State General Funds, $371,076 is specifically appropriated for the State Board of Education (Department of Education) for the purpose of financing educational facilities for county and independent school systems, through the issuance of not more than $4,335,000 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
$371,076
$371,076
$371,076
Education, Department of
363.103 BOND: K - 12 Schools: $28,855,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Low-Wealth for local school
construction statewide.
From State General Funds, $2,469,988 is specifically appropriated for the State Board of Education (Department of Education) for the purpose of financing educational facilities for county and independent school systems, through the issuance of not more than $28,855,000 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
$2,469,988
$2,469,988
$2,469,988
Education, Department of
363.104 BOND: K - 12 Schools: $16,615,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Additional Project specific Low
Wealth for local school construction statewide.
From State General Funds, $1,422,244 is specifically appropriated for the State Board of Education (Department of Education) for the purpose of financing educational facilities for county and independent school systems,
2598
JOURNAL OF THE HOUSE
through the issuance of not more than $16,615,000 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
$1,422,244
$1,422,244
$1,422,244
Education, Department of
363.105 BOND: K - 12 Schools: $14,285,000 in principal for 10 years at 5.52%: Purchase 129 school buses, local school districts, statewide. (H and
S:Provide $14,285,000 in 10-year bonds to purchase school buses, statewide)
From State General Funds, $1,897,048 is specifically appropriated for the State Board of Education (Department of Education) for the purpose of financing educational facilities for county and independent school systems, through the issuance of not more than $14,285,000 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
$1,328,000
$1,897,048
$1,897,048
Education, Department of
363.106 BOND: Georgia Academy for the Blind: $1,925,000 in principal for 20 years at 5.77%: Fund facility improvements and repairs at the Georgia
Academy for the Blind, Macon, Bibb County.
From State General Funds, $164,780 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,925,000 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
$164,780
$164,780
$164,780
Education, Department of
363.107 BOND: DOE Locations Statewide: $635,000 in principal for 20 years at 6.5%: Purchase equipment for the Leadership Center and Dining Hall
at the FFA/FCCLA Center, Covington, Newton County. [Taxable Bond]
From State General Funds, $57,658 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 $635,000 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
$57,658
$57,658
$57,658
THURSDAY, MARCH 10, 2016
2599
Education, Department of
363.108 BOND: DOE Locations Statewide: $2,300,000 in principal for 20 years at 6.5%: Fund building construction and historic preservation at the
FFA/FCCLA Center, Covington, Newton County and cabin construction at Camp John Hope, Fort Valley, Peach County. [Taxable Bond]
From State General Funds, $208,840 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 $2,300,000 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
$208,840
$208,840
Education, Department of
363.109 BOND: DOE Locations Statewide: $4,145,000 in principal for 5 years at 5.07%: Purchase vocational equipment, statewide. From State General Funds, $959,153 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$959,153
$959,153
Education, Department of
363.110 BOND: DOE Locations Statewide: $1,000,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Additional Project
specific Low Wealth for Jenkins County.
From State General Funds, $85,600 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 $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.
State General Funds
$85,600
Education, Department of
363.111 BOND: DOE Locations Statewide: $2,000,000 in principal for 20 years at 6.5%: Fund construction of an Agricultural Center at the
FFA/FCCLA Center, Covington, Newton County. [Taxable Bond]
From State General Funds, $181,600 is specifically appropriated for the purpose of financing projects and
2600
JOURNAL OF THE HOUSE
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 two hundred and forty months.
State General Funds
$181,600
University System of Georgia, Board of Regents
363.201 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
University System of Georgia, Board of Regents
363.202 BOND: Albany State University: $2,100,000 in principal for 5 years at 5.07%: Purchase equipment for the new Fine Arts Center, Albany State
University, Albany, Dougherty County. (H:NO; Defer funding until FY2018 based on construction)
From State General Funds, $485,940 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$485,940
$0
$485,940
University System of Georgia, Board of Regents
363.203 BOND: Columbus State University: $2,000,000 in principal for 20 years at 5.77%: Fund construction and equipment of LeNoir Hall
renovations and additions, Columbus State University, Columbus, Muscogee 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
THURSDAY, MARCH 10, 2016
2601
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
$171,200
$171,200
University System of Georgia, Board of Regents
363.204 BOND: Georgia College and State University: $1,000,000 in principal for 5 years at 5.07%: Purchase equipment for the historic Beeson Hall
renovation, Georgia College and State University, Milledgeville, Baldwin County.
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.
State General Funds
$231,400
$231,400
$231,400
University System of Georgia, Board of Regents
363.205 BOND: Georgia Gwinnett College: $1,400,000 in principal for 5 years at 5.07%: Purchase equipment for the new academic building, Georgia
Gwinnett College, Lawrenceville, Gwinnett 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 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
363.206 BOND: Savannah State University: $2,000,000 in principal for 5 years at 5.07%: Purchase equipment for the new science and technology
facility, Savannah State University, Savannah, Chatham County.
From State General Funds, $462,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
2602
JOURNAL OF THE HOUSE
State General Funds
$462,800
$462,800
$462,800
University System of Georgia, Board of Regents
363.207 BOND: University of Georgia: $5,900,000 in principal for 20 years at 6.5%: Fund design, construction, and equipment for the Business
Learning Community- Phase II, University of Georgia, Athens, Clarke County. [Taxable Bond]
From State General Funds, $535,720 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 $5,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$535,720
$535,720
$535,720
University System of Georgia, Board of Regents
363.208 BOND: Georgia Institute of Technology: $0 in principal for 20 years at 5.77%: Fund construction of the renovation of the Price Gilbert Library
and Crosland Tower complex, Georgia Institute of Technology, Atlanta, Fulton County. (S:Defer funding until FY2018)
State General Funds
$4,057,440
$0
$0
University System of Georgia, Board of Regents
363.209 BOND: University of West Georgia: $18,975,000 in principal for 20 years at 5.77%: Fund construction of the renovation and expansion of the
Biology Building, University of West Georgia, Carrollton, Carroll County.
From State General Funds, $1,624,260 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 $18,975,000 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
$1,624,260
$1,624,260
$1,624,260
University System of Georgia, Board of Regents
363.210 BOND: Georgia College and State University: $900,000 in principal for 5 years at 5.07%: Fund design for the renovation of Terrell Hall and
Kilpatrick Hall, Georgia College and State University, Milledgeville, Baldwin County.
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,
THURSDAY, MARCH 10, 2016
2603
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.
State General Funds
$208,260
$208,260
$208,260
University System of Georgia, Board of Regents
363.211 BOND: Georgia Gwinnett College: $1,100,000 in principal for 5 years at 5.07%: Fund design of the Phase IV addition to Academic Building
C, Georgia Gwinnett College, Lawrenceville, Gwinnett County.
From State General Funds, $254,540 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 $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
University System of Georgia, Board of Regents
363.212 BOND: Kennesaw State University: $2,500,000 in principal for 5 years at 5.07%: Fund design of the Academic Learning Center, Kennesaw
State University, Kennesaw, Cobb County.
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.
State General Funds
$578,500
$578,500
$578,500
University System of Georgia, Board of Regents
363.213 BOND: Georgia Southern University: $4,870,000 in principal for 20 years at 5.77%: Fund design, construction, and equipment for the
renovation of the Computer and Network Operation Center (NOC), Georgia Southern University, Statesboro, Bulloch County.
From State General Funds, $416,872 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,870,000 in principal amount of General Obligation Debt, the instruments of which shall have
2604
JOURNAL OF THE HOUSE
maturities not in excess of two hundred and forty months.
State General Funds
$416,872
$416,872
$416,872
University System of Georgia, Board of Regents
363.214 BOND: Georgia Southern University: $3,750,000 in principal for 20 years at 5.77%: Fund design and construction for infrastructure
development for South Campus, Georgia Southern University, Statesboro, Bulloch County.
From State General Funds, $321,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$321,000
$321,000
$321,000
University System of Georgia, Board of Regents
363.215 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund major repairs and renovations for public libraries,
Georgia Public Library Service, statewide.
From State General Funds, $171,200 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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
$171,200
$171,200
University System of Georgia, Board of Regents
363.216 BOND: Georgia Public Library System: $2,000,000 in principal for 5 years at 5.07%: Fund technology improvements and replacement for
public libraries, Georgia Public Library Service, statewide.
From State General Funds, $462,800 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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
THURSDAY, MARCH 10, 2016
2605
University System of Georgia, Board of Regents
363.217 BOND: Georgia Public Telecommunications Commission: $500,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment
and technology infrastructure, Georgia Public Telecommunications Commission, statewide. [Taxable Bond]
From State General Funds, $115,700 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Georgia Public Telecommunications 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 $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
363.218 BOND: Georgia Military College: $1,300,000 in principal for 20 years at 5.77%: Fund construction and equipment for a new military science
activities building, Georgia Military College, Milledgeville, Baldwin County.
From State General Funds, $111,280 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Board of Trustees of the Georgia Military College by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$111,280
$111,280
$111,280
University System of Georgia, Board of Regents
363.219 BOND: University of North Georgia: $29,300,000 in principal for 20 years at 5.77%: Fund construction of the Convocation Center, University
of North Georgia, Dahlonega, Lumpkin County.
From State General Funds, $2,508,080 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $29,300,000 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
$2,508,080
$2,508,080
2606
JOURNAL OF THE HOUSE
University System of Georgia, Board of Regents
363.220 BOND: Georgia Highlands College: $17,700,000 in principal for 20 years at 5.77%: Fund construction of the Academic Building, Georgia
Highlands College, Cartersville, Bartow County.
From State General Funds, $1,515,120 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 $17,700,000 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
$1,515,120
$1,515,120
University System of Georgia, Board of Regents
363.221 BOND: University of Georgia: $5,000,000 in principal for 20 years at 5.77%: Fund design and construction of the renovation of Howell Hall,
University of Georgia, Athens, Clarke 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
$428,000
University System of Georgia, Board of Regents
363.222 BOND: Georgia State University: $5,200,000 in principal for 20 years at 5.77%: Fund construction of the Alpharetta Labs and Student
Learning Center, Alpharetta, Fulton County.
From State General Funds, $445,120 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 $5,200,000 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
$445,120
$445,120
University System of Georgia, Board of Regents
363.223 BOND: Gordon College: $3,300,000 in principal for 20 years at 5.77%: Fund planning, design and construction of the Student Services Center,
Gordon State College, Barnesville, Lamar County.
THURSDAY, MARCH 10, 2016
2607
From State General Funds, $282,480 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$141,240
$282,480
University System of Georgia, Board of Regents
363.224 BOND: Middle Georgia State University: $4,200,000 in principal for 5 years at 5.07%: Purchase aviation equipment, Middle Georgia State
University, Eastman, Dodge County. [Taxable Bond]
From State General Funds, $971,880 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 $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$485,940
$971,880
University System of Georgia, Board of Regents
363.225 BOND: Atlanta Metropolitan State College: $6,500,000 in principal for 20 years at 5.77%: Fund planning and construction of the Student
Services and Success Center, Atlanta Metropolitan State College, Atlanta, Fulton County.
From State General Funds, $556,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$278,200
$556,400
University System of Georgia, Board of Regents
363.226 BOND: Columbus State University: $5,900,000 in principal for 20 years at 5.77%: Fund design and construction of the Academic Core
Renovations and Additions (Schwob Library), Columbus State University, Columbus, Muscogee County.
From State General Funds, $505,040 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
2608
JOURNAL OF THE HOUSE
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$252,520
$505,040
University System of Georgia, Board of Regents
363.227 BOND: Valdosta State University: $1,600,000 in principal for 20 years at 5.77%: Fund design and construction of the Pine Hall renovation,
Valdosta State University, Valdosta, Lowndes County.
From State General Funds, $136,960 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 $1,600,000 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
$136,960
$136,960
University System of Georgia, Board of Regents
363.228 BOND: Kennesaw State University: $1,500,000 in principal for 20 years at 5.77%: Fund infrastructure upgrades at the Marietta campus,
Kennesaw State University, Marietta, Cobb 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
University System of Georgia, Board of Regents
363.229 BOND: College of Coastal Georgia: $2,000,000 in principal for 20 years at 5.77%: Fund planning, design and construction of the Library
Renovation and 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
THURSDAY, MARCH 10, 2016
2609
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
$85,600
$171,200
University System of Georgia, Board of Regents
363.230 BOND: Athens and Tifton Veterinary Diagnostic Laboratories: $650,000 in principal for 5 years at 5.07%: Purchase new and replacement
equipment, Athens and Tifton Veterinary Diagnostic Laboratories, Clarke County and Tift County.
From State General Funds, $150,410 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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
$150,410
$150,410
University System of Georgia, Board of Regents
363.231 BOND: Cooperative Extension and Agricultural Experiment Station: $4,000,000 in principal for 5 years at 5.07%: Fund major repairs and
renovations at Cooperative Extension and Agricultural Experiment Station facilities, statewide. [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
University System of Georgia, Board of Regents
363.232 BOND: Cooperative Extension and Agricultural Experiment Station: $1,000,000 in principal for 5 years at 5.07%: Purchase equipment for the
Agricultural Equipment Station, statewide.
From State General Funds, $231,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
2610
JOURNAL OF THE HOUSE
State General Funds
$231,400
$231,400
University System of Georgia, Board of Regents
363.233 BOND: Rock Eagle 4-H Facility: $2,500,000 in principal for 20 years at 6.5%: Fund design and construction of new cabins, Rock Eagle 4-H
facility, Eatonton, Putnam County. [Taxable Bond]
From State General Funds, $227,000 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
$227,000
$227,000
University System of Georgia, Board of Regents
363.234 BOND: Georgia Military College: $505,000 in principal for 5 years at 5.07%: Fund design of rehabilitation of Historic Jenkins Hall,
Milledgeville, Baldwin County.
From State General Funds, $116,857 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Board of Trustees of the Georgia Military College by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$116,857
$116,857
University System of Georgia, Board of Regents
363.235 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund renovation of Northwest Public Library, Albany,
Dougherty County.
From State General Funds, $171,200 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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
$171,200
THURSDAY, MARCH 10, 2016
2611
University System of Georgia, Board of Regents
363.236 BOND: Georgia Public Telecommunications Commission: $865,000 in principal for 5 years at 5.07%: Purchase replacement of Georgia State
Capitol cameras and equipment, Georgia Public Telecommunications Commission, Atlanta, Fulton County. [Taxable Bond]
From State General Funds, $200,161 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Georgia Public Telecommunications 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 $865,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$200,161
$200,161
University System of Georgia, Board of Regents
363.237 BOND: Dalton State College: $5,000,000 in principal for 20 years at 5.77%: Fund renovations at Dalton State College, Dalton, Whitfield
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
363.238 BOND: University of Georgia: $3,000,000 in principal for 20 years at 5.77%: Fund Barn Bio Lab Renovation, Skidaway, University of
Georgia, Savannah, Chatham County.
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.
State General Funds
$256,800
University System of Georgia, Board of Regents
363.239 BOND: Clayton State University: $1,550,000 in principal for 5 years at 5.07%: Fund design for Academic Core Renovations, Clayton State
University, Morrow, Clayton County.
2612
JOURNAL OF THE HOUSE
From State General Funds, $358,670 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$358,670
University System of Georgia, Board of Regents
363.240 BOND: Augusta University: $2,000,000 in principal for 20 years at 5.77%: Fund academic space renovations of the Greenblatt Library,
Augusta University, Augusta, Richmond 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
363.241 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund renovations of South Georgia Regional Library,
Valdosta, Lowndes County.
From State General Funds, $171,200 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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
363.242 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund renovations of West Georgia Regional Library,
Carrollton, Carroll County.
From State General Funds, $171,200 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, through the issuance of not more than
THURSDAY, MARCH 10, 2016
2613
$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
363.251 BOND: Technical College Multi-Projects: $15,000,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations
statewide. [Taxable Bond]
From State General Funds, $1,362,000 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 $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$1,362,000
$1,362,000
$1,362,000
Technical College System of Georgia
363.252 BOND: Technical College Multi-Projects: $12,000,000 in principal for 5 years at 5.07%: Fund world class lab equipment and renovations,
multiple locations. [Taxable Bond]
From State General Funds, $2,776,800 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 $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$2,776,800
$2,776,800
$2,776,800
Technical College System of Georgia
363.253 BOND: Technical College Multi-Projects: $9,405,000 in principal for 5 years at 5.07%: Purchase equipment to replace obsolete equipment
statewide. [Taxable Bond]
From State General Funds, $2,176,317 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,405,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
2614
JOURNAL OF THE HOUSE
State General Funds
$2,176,317
$2,176,317
$2,176,317
Technical College System of Georgia
363.254 BOND: Lanier Technical College: $48,270,000 in principal for 20 years at 6.5%: Fund construction of a new Hall County campus to replace
the Oakwood campus, Lanier Technical College, Gainesville, Hall County. [Taxable Bond]
From State General Funds, $4,382,916 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 $48,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$4,382,916
$4,382,916
$4,382,916
Technical College System of Georgia
363.255 BOND: Georgia Northwestern Technical College: $5,000,000 in principal for 20 years at 6.5%: Fund design and construction of the new
Education Building on the Whitfield Murray campus, Georgia Northwestern Technical College, Dalton, Whitfield County. [Taxable Bond]
From State General Funds, $454,000 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 two hundred and forty months.
State General Funds
$454,000
$454,000
$454,000
Technical College System of Georgia
363.256 BOND: Southern Crescent Technical College: $16,175,000 in principal for 20 years at 6.5%: Fund design and construction of Phase II of the
Industrial Training and Technology Building, Southern Crescent Technical College, McDonough, Henry County. [Taxable Bond]
From State General Funds, $1,468,690 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,175,000 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
$1,468,690
$1,468,690
$1,468,690
THURSDAY, MARCH 10, 2016
2615
Technical College System of Georgia
363.257 BOND: North Georgia Technical College: $12,545,000 in principal for 20 years at 6.5%: Fund construction of the Clarkesville campus
expansion, North Georgia Technical College, Clarkesville, Habersham County. [Taxable Bond]
From State General Funds, $1,139,086 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 $12,545,000 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
$1,139,086
$1,139,086
$1,139,086
Technical College System of Georgia
363.258 BOND: Technical College Multi-Projects: $9,000,000 in principal for 20 years at 6.5%: Fund construction of College and Career Academies,
statewide. [Taxable Bond]
From State General Funds, $817,200 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$817,200
Technical College System of Georgia
363.259 BOND: Technical College Multi-Projects: $500,000 in principal for 20 years at 6.5%: Fund construction on multiple project needs, College
and Career Academies, Hart County. [Taxable Bond]
From State General Funds, $45,400 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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
$45,400
Technical College System of Georgia
363.260 BOND: Coastal Pines Technical College: $1,000,000 in principal for 20 years at 6.5%: Fund roof replacement, Coastal Pines Technical
College, Waycross, Ware County. [Taxable Bond]
2616
JOURNAL OF THE HOUSE
From State General Funds, $90,800 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 $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.
State General Funds
$90,800
Behavioral Health and Developmental Disabilities, Department of
363.301 BOND: Atlanta Regional Hospital: $5,065,000 in principal for 20 years at 5.77%: Fund design, construction, and equipment of a 40-bed
forensic unit at Georgia Regional Hospital at Atlanta, Decatur, DeKalb County.
From State General Funds, $433,564 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 $5,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$433,564
$433,564
$433,564
Community Health, Department of
363.311 BOND: Community Health Multi-projects: $3,000,000 in principal for 5 years at 5.07%: Fund implementation of the Integrated Eligibility
System statewide.
From State General Funds, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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
Human Services, Department of
363.321 BOND: Human Service Multi-Projects: $410,000 in principal for 5 years at 5.07%: Purchase equipment for the renovation of MLK Human
Services Center, Warner Robins, Houston County.
From State General Funds, $94,874 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,
THURSDAY, MARCH 10, 2016
2617
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $410,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$94,874
$94,874
$94,874
Human Services, Department of
363.322 BOND: Human Service Multi-Projects: $4,820,000 in principal for 5 years at 5.07%: Purchase equipment for the new Human Services
Building, Lawrenceville, Gwinnett County.
From State General Funds, $1,115,348 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 $4,820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$1,115,348
$1,115,348
$1,115,348
Georgia Vocational Rehabilitation Agency
363.331 BOND: Roosevelt Warm Springs Institute: $2,500,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations,
match federal funds, Warm Springs, Meriwether County. [Taxable Bond]
From State General Funds, $227,000 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 $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
$227,000
$227,000
$227,000
Public Health, Department of
363.341 BOND: Public Health Multi-Projects: $4,800,000 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, $1,110,720 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
2618
JOURNAL OF THE HOUSE
$4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$1,110,720
$1,110,720
$1,110,720
Public Health, Department of
363.342 BOND: Public Health Multi-Projects: $400,000 in principal for 5 years at 5.07%: Fund minor repairs and maintenance at state public health
laboratories, multiple locations.
From State General Funds, $92,560 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 sixty months.
State General Funds
$92,560
$92,560
$92,560
Veterans Service, Department of
363.351 BOND: Georgia War Veterans Nursing Home, Milledgeville: $0 in principal for 20 years at 5.77%: Fund the rebuild and repaving of Veterans
Memorial Drive and Wheeler Building parking lot, Milledgeville, Baldwin County.
State General Funds
$42,800
$42,800
$0
Veterans Service, Department of
363.352 BOND: Georgia War Veterans Nursing Home, Milledgeville: $3,000,000 in principal for 20 years at 5.77%: Fund renovations of the Subacute
Rehab Therapy Unit at the Georgia War Veterans Home, Milledgeville, Baldwin County.
From State General Funds, $256,800 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 $3,000,000 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
Community Supervision, Department of
363.361 BOND: DCS - Multi - Projects: $1,520,000 in principal for 5 years at 5.07%: Fund the replacement of 51 vehicles and purchase 47 new
vehicles statewide. (S:Fund the replacement of 51 vehicles and purchase 24 new vehicles statewide to begin moving toward a ten year replacement cycle)
THURSDAY, MARCH 10, 2016
2619
From State General Funds, $351,728 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Supervision by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$461,643
$461,643
$351,728
Community Supervision, Department of
363.362 BOND: DCS - Multi - Projects: $580,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment statewide. From State General Funds, $134,212 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Supervision by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$134,212
$134,212
$134,212
Corrections, Department of
363.371 BOND: GDC multi-projects: $3,000,000 in principal for 5 years at 5.07%: Fund emergency repairs, sustainment, and equipment, statewide. From State General Funds, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$694,200
$694,200
$694,200
Corrections, Department of
363.372 BOND: GDC multi-projects: $6,280,000 in principal for 20 years at 5.77%: Fund facility hardening, multiple locations. From State General Funds, $537,568 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 $6,280,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
2620
JOURNAL OF THE HOUSE
excess of two hundred and forty months.
State General Funds
$537,568
$537,568
$537,568
Corrections, Department of
363.373 BOND: GDC multi-projects: $2,565,000 in principal for 5 years at 5.07%: Fund locking controls and perimeter detection improvements
statewide.
From State General Funds, $593,541 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 $2,565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$593,541
$593,541
$593,541
Corrections, Department of
363.374 BOND: GDC multi-projects: $11,220,000 in principal for 20 years at 5.77%: Fund major repairs, renovations and improvements statewide. From State General Funds, $960,432 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 $11,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$960,432
$960,432
$960,432
Corrections, Department of
363.375 BOND: GDC multi-projects: $1,205,000 in principal for 10 years at 5.52%: Fund replacement of 10 inmate transportation buses, multiple
locations. (S:Fund the replacement of 7 inmate transportation buses, multiple locations to begin moving towards a ten year replacement cycle)
From State General Funds, $160,024 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 $1,205,000 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
$228,416
$228,416
$160,024
THURSDAY, MARCH 10, 2016
2621
Corrections, Department of
363.376 BOND: GDC multi-projects: $2,255,000 in principal for 5 years at 5.07%: Fund replacement of 50 sedans, 65 15-passenger vans, 20 7-
passenger vans, 20 pick-up trucks, and 20 sport utility vehicles (Total: 175 vehicles) statewide.
From State General Funds, $521,807 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 $2,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$521,807
$521,807
$521,807
Corrections, Department of
363.377 BOND: Metro State Prison: $13,735,000 in principal for 20 years at 5.77%: Fund design and construction to renovate and remission Metro
State Prison as a reentry and transition prison, Atlanta, Fulton County.
From State General Funds, $1,175,716 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 $13,735,000 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
$1,175,716
$1,175,716
$1,175,716
Corrections, Department of
363.378 BOND: Georgia State Prison: $3,895,000 in principal for 20 years at 5.77%: Fund replacement of inmate cell doors at Georgia State Prison,
Reidsville, Tattnall County.
From State General Funds, $333,412 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 $3,895,000 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
$333,412
$333,412
$333,412
Defense, Department of
363.381 BOND: Defense Multi-projects: $730,000 in principal for 5 years at 5.07%: Fund facility sustainment and repairs, match federal funds,
statewide.
2622
JOURNAL OF THE HOUSE
From State General Funds, $168,922 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 $730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$168,922
$168,922
$168,922
Defense, Department of
363.382 BOND: Defense Multi-projects: $200,000 in principal for 20 years at 5.77%: Fund site improvements at readiness centers, match federal funds,
multiple locations.
From State General Funds, $17,120 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 $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
$17,120
$17,120
$17,120
Investigation, Georgia Bureau of
363.391 BOND: Savannah Branch Crime Lab: $1,015,000 in principal for 5 years at 5.07%: Fund planning and design for the new Savannah Crime
Lab, Savannah, Chatham County.
From State General Funds, $234,871 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 $1,015,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$234,871
$234,871
$234,871
Investigation, Georgia Bureau of
363.392 BOND: GBI Headquarters and Morgue: $705,000 in principal for 5 years at 5.07%: Purchase equipment for the GBI Headquarters Morgue
Expansion, Decatur, DeKalb County.
From State General Funds, $163,137 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development,
THURSDAY, MARCH 10, 2016
2623
extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $705,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$163,137
$163,137
$163,137
Investigation, Georgia Bureau of
363.393 BOND: GBI Multi-Projects: $1,725,000 in principal for 5 years at 5.07%: Fund the replacement of 25 investigative vehicles and 4 bomb
disposal unit vehicles and repair crime scene response trucks and heavy duty bomb response vehicles statewide.
From State General Funds, $399,165 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 $1,725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$399,165
$399,165
$399,165
Investigation, Georgia Bureau of
363.394 BOND: GBI Multi-Projects: $450,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations, multiple
locations.
From State General Funds, $38,520 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 $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$38,520
$38,520
$38,520
Investigation, Georgia Bureau of
363.395 BOND: GBI Multi-Projects: $300,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment statewide. From State General Funds, $69,420 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
2624
JOURNAL OF THE HOUSE
excess of sixty months.
State General Funds
$69,420
$69,420
$69,420
Investigation, Georgia Bureau of
363.396 BOND: GBI Multi-Projects: $1,065,000 in principal for 5 years at 5.07%: Fund the replacement of forensic laboratory equipment statewide. From State General Funds, $246,441 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 $1,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$246,441
$246,441
$246,441
Investigation, Georgia Bureau of
363.397 BOND: GBI-CJCC: $2,000,000 in principal for 5 years at 5.07%: Fund the implementation of Judicial Circuit Data Exchange at the Criminal
Justice Coordinating Council, Atlanta, Fulton County.
From State General Funds, $462,800 is specifically appropriated for the Georgia Bureau of Investigation for the purpose of financing projects and facilities for the Criminal Justice Coordinating Council by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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
Investigation, Georgia Bureau of
363.398 BOND: GBI Multi-Projects: $1,860,000 in principal for 5 years at 5.07%: Fund design of a new Investigative Division Building to house
Georgia Information Sharing and Analysis Center to support anti-terrorism efforts, Decatur, DeKalb County.
From State General Funds, $430,404 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 $1,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$430,404
THURSDAY, MARCH 10, 2016
2625
Juvenile Justice, Department of
363.401 BOND: DJJ Multi-Projects: $5,500,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide. From State General Funds, $470,800 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 $5,500,000 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
$470,800
$470,800
$470,800
Juvenile Justice, Department of
363.402 BOND: DJJ Multi-Projects: $6,165,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment statewide. From State General Funds, $1,426,581 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 $6,165,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$1,426,581
$1,426,581
$1,426,581
Juvenile Justice, Department of
363.403 BOND: Regional Youth Detention Center: $2,800,000 in principal for 5 years at 5.07%: Fund CCTV security upgrades and enhancements at
Augusta RYDC (Richmond County) and Macon RYDC (Bibb County).
From State General Funds, $647,920 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 $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$647,920
$647,920
$647,920
Juvenile Justice, Department of
363.404 BOND: Regional Youth Detention Center: $3,860,000 in principal for 20 years at 5.77%: Fund construction and equipment gymnasiums at
Terrell and Wilkes RYDCs, multiple locations.
From State General Funds, $330,416 is specifically appropriated for the purpose of financing projects and
2626
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 $3,860,000 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
$330,416
$330,416
$330,416
Juvenile Justice, Department of
363.405 BOND: Regional Youth Detention Center: $500,000 in principal for 5 years at 5.07%: Purchase equipment for the conversion of the Wilkes
PRC to a 48 bed Regional Youth Detention Center, Washington, Wilkes 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
363.406 BOND: DJJ Multi-Projects: $860,000 in principal for 5 years at 5.07%: Fund the replacement of 35 critical vehicles statewide. (S:Fund the
replacement of 33 vehicles statewide to begin moving towards a ten year replacement schedule)
From State General Funds, $199,004 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 $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$210,574
$210,574
$199,004
Juvenile Justice, Department of
363.407 BOND: DJJ Multi-Projects: $755,000 in principal for 5 years at 5.07%: Purchase radio communications equipment statewide. From State General Funds, $174,707 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
THURSDAY, MARCH 10, 2016
2627
$755,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$174,707
$174,707
$174,707
Public Safety, Department of
363.421 BOND: Patrol Posts Various: $6,355,000 in principal for 5 years at 5.07%: Purchase 141 law enforcement pursuit vehicles statewide. From State General Funds, $1,470,547 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 $6,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$1,470,547
$1,470,547
$1,470,547
Public Safety, Department of
363.422 BOND: Patrol Posts Various: $1,300,000 in principal for 5 years at 5.07%: Purchase communications equipment for vehicles statewide. From State General Funds, $300,820 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 $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$300,820
$300,820
$300,820
Public Safety, Department of
363.423 BOND: Patrol Posts Various: $375,000 in principal for 5 years at 5.07%: Fund repairs to radio towers 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
2628
JOURNAL OF THE HOUSE
Public Safety, Department of
363.424 BOND: Public Safety Training Center: $3,650,000 in principal for 20 years at 5.77%: Fund construction of a driver skills course, Georgia
Public Safety Training Center, Forsyth, Monroe County.
From State General Funds, $312,440 is specifically appropriated for the Department of Public Safety for the purpose of financing projects and facilities for the Georgia Public Safety Training Center by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$312,440
$312,440
$312,440
Accounting Office, State
363.451 BOND: SAO Multi-projects: $2,500,000 in principal for 5 years at 5.07%: Fund an upgrade of TeamWorks Financials 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
Banking and Finance, Department of
363.461 BOND: Department of Banking and Finance - Multi-Projects: $2,500,000 in principal for 5 years at 5.07%: Fund an upgrade of technology
infrastructure, Atlanta, DeKalb County.
From State General Funds, $578,500 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 $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
Driver Services, Department of
363.491 BOND: Department of Driver Services - Equipment: $8,275,000 in principal for 5 years at 5.07%: Fund Drivers License Card Production
System statewide.
THURSDAY, MARCH 10, 2016
2629
From State General Funds, $1,914,835 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 $8,275,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$1,914,835
$1,914,835
$1,914,835
Driver Services, Department of
363.492 BOND: Department of Driver Services - Equipment: $210,000 in principal for 5 years at 5.07%: Fund the replacement of 10 vehicles
statewide.
From State General Funds, $48,594 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 $210,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$48,594
$48,594
$48,594
Labor, Department of
363.501 BOND: Department of Labor - Central Office: $600,000 in principal for 5 years at 5.07%: Fund an upgrade of security access system at central
office complex, Atlanta, Fulton County.
From State General Funds, $138,840 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 $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
$138,840
$138,840
$138,840
Building Authority, Georgia
363.521 BOND: GBA multi-projects: $2,000,000 in principal for 20 years at 5.77%: Fund facility improvements and renovations statewide. 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,
2630
JOURNAL OF THE HOUSE
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
$171,200
$171,200
Building Authority, Georgia
363.522 BOND: GBA multi-projects: $6,500,000 in principal for 20 years at 5.77%: Fund design and site preparation for new Judicial Complex
Building, Atlanta, Fulton County.
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.
State General Funds
$556,400
$556,400
$556,400
Public Defender Council, Georgia
363.541 BOND: Public Defender Council - Multi-Projects: $750,000 in principal for 5 years at 5.07%: Purchase 40 vehicles statewide. From State General Funds, $173,550 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Public Defender Council by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$173,550
$173,550
$173,550
Public Service Commission
363.551 BOND: Public Service Commission - Multi-Projects: $1,800,000 in principal for 5 years at 5.07%: Fund an upgrade of technology
infrastructure, Atlanta, Fulton County.
From State General Funds, $416,520 is specifically appropriated for the purpose of financing projects and facilities for the Public Service 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
THURSDAY, MARCH 10, 2016
2631
State General Funds
$416,520
$416,520
$416,520
Revenue, Department of
363.561 BOND: Department of Revenue - Multi-Projects: $23,000,000 in principal for 5 years at 5.07%: Fund DRIVES system implementation,
Atlanta, DeKalb County.
From State General Funds, $5,322,200 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 $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$5,322,200
$5,322,200
$5,322,200
Revenue, Department of
363.562 BOND: Tax System: $2,000,000 in principal for 5 years at 5.07%: Fund an upgrade of Integrated Tax System, Atlanta, DeKalb County. From State General Funds, $462,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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
Agriculture, Department of
363.581 BOND: Agriculture - Multi-Projects: $1,000,000 in principal for 5 years at 5.07%: Fund major repairs and renovations at state farmers' markets
statewide. (H and S:Provide $1,000,000 in 5-year bonds for facility repair and sustainment, statewide) [Taxable Bond]
From State General Funds, $231,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$45,400
$231,400
$231,400
2632
JOURNAL OF THE HOUSE
Agriculture, Department of
363.582 BOND: Agriculture - Multi-Projects: $500,000 in principal for 5 years at 5.07%: Fund the replacement of 25 vehicles statewide. (H and
S:Provide $500,000 in 5-year bonds to replace vehicles with over 175,000 miles 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
Soil and Water Conservation Commission, State
363.591 BOND: Soil & Water Conservation Watershed: $6,700,000 in principal for 20 years at 5.77%: Fund the rehabilitation of flood control
structures, multiple locations.
From State General Funds, $573,520 is specifically appropriated for the purpose of financing projects and facilities for the State Soil and Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,700,000 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
$573,520
$573,520
$573,520
Community Affairs, Department of
363.611 BOND: Reservoirs: $10,000,000 in principal for 20 years at 6.5%: Fund reservoirs, multiple locations. [Taxable Bond] From State General Funds, $908,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Affairs by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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
$908,000
$908,000
$908,000
Community Affairs, Department of
363.612 BOND: Department of Community Affairs: $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, $115,700 is specifically appropriated for the purpose of financing projects and
THURSDAY, MARCH 10, 2016
2633
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 $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
Environmental Finance Authority, Georgia
363.631 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 purpose of financing loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste 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
363.632 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, match federal funds, statewide.
From State General Funds, $856,000 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste 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
Economic Development, Department of
363.641 BOND: Georgia World Congress Center: $3,000,000 in principal for 20 years at 6.5%: Fund design and construction of the amphitheater
expansion, Atlanta, Fulton County. [Taxable Bond]
From State General Funds, $272,400 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,
2634
JOURNAL OF THE HOUSE
highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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
$317,800
$272,400
$272,400
Economic Development, Department of
363.642 BOND: Georgia World Congress Center: $0 in principal for 20 years at 6.5%: Fund carpet replacement, Atlanta, Fulton County. (H:Provide
$4,000,000 in 20-year bonds for major renovations and repairs, Atlanta, Fulton County)(S:Defer funding until FY2018) [Taxable Bond]
State General Funds
$317,800
$363,200
$0
Forestry Commission, State
363.651 BOND: Forestry Equipment: $1,800,000 in principal for 20 years at 5.77%: Purchase two Single Engine Air Tanker (SEAT) planes statewide. From State General Funds, $154,080 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 $1,800,000 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
$154,080
$154,080
$154,080
Natural Resources, Department of
363.661 BOND: DNR multi-projects: $3,710,000 in principal for 5 years at 5.07%: Fund the replacement of 33 vehicles, communications equipment
for law enforcement, one patrol boat, and one oceangoing research vessel, statewide. (H and S:Provide $3,710,000 in 5-year bonds for the replacement of vehicles, communications equipment for law enforcement, one patrol boat, and one oceangoing research vessel, statewide)
From State General Funds, $858,494 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 $3,710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$856,180
$858,494
$858,494
Natural Resources, Department of
363.662 BOND: DNR multi-projects: $19,350,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations statewide.
(H:Provide $18,550,000 in 20-year bonds for new construction and facility major improvements and renovations statewide)(S:Provide
THURSDAY, MARCH 10, 2016
2635
$19,350,000 for new construction and facility major improvements and renovations statewide) [Taxable Bond]
From State General Funds, $1,756,980 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 $19,350,000 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
$1,362,000
$1,684,340
$1,756,980
Natural Resources, Department of
363.663 BOND: DNR multi-projects: $1,500,000 in principal for 5 years at 5.07%: Fund facility repair and sustainment statewide. From State General Funds, $347,100 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 $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
Natural Resources, Department of
363.664 BOND: DNR multi-projects: $350,000 in principal for 20 years at 5.77%: Fund construction of two new boat houses to support law
enforcement activities, multiple locations.
From State General Funds, $29,960 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 $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
$29,960
$29,960
$29,960
Jekyll Island State Park Authority
363.671 BOND: Jekyll Island: $4,000,000 in principal for 20 years at 5.77%: Fund shoreline erosion mitigation, Jekyll Island, Glynn County. From State General Funds, $342,400 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
2636
JOURNAL OF THE HOUSE
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
$342,400
$342,400
$342,400
Transportation, Department of
363.691 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
$8,560,000
Transportation, Department of
363.692 BOND: Georgia Regional Transportation Authority: $1,805,000 in principal for 5 years at 5.07%: Fund the renovation of 24 Xpress commuter
coaches, multiple locations.
From State General Funds, $417,677 is specifically appropriated for the Department of Transportation for the purpose of financing projects and facilities for the Georgia Regional Transportation 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 $1,805,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$417,677
$417,677
$417,677
Transportation, Department of
363.693 BOND: Georgia Regional Transportation Authority: $5,000,000 in principal for 20 years at 5.77%: Fund property acquisition and construction
for Xpress Bus Park and Ride Lot Expansions, multiple locations.
From State General Funds, $428,000 is specifically appropriated for the Department of Transportation for the purpose of financing projects and facilities for the Georgia Regional Transportation 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.
THURSDAY, MARCH 10, 2016
2637
State General Funds
$428,000
$428,000
$428,000
Transportation, Department of
363.694 BOND: Rail Lines: $1,875,000 in principal for 20 years at 6.5%: Fund rehabilitation of Georgia Southwestern state-owned rail, Calhoun
County and Randolph County. [Taxable Bond]
From State General Funds, $170,250 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 $1,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$170,250
$170,250
Transportation, Department of
363.695 BOND: Rail Lines: $6,030,000 in principal for 20 years at 6.5%: Fund rail improvements in Decatur County ($500,000), rail siding and
maintenance from Chattooga County to Walker County ($1,650,000), and rehabilitate lines from Nunez, Emanuel County to Vidalia, Toombs County ($1,000,000), and crosstie replacements and maintenance from Cordele, Crisp County to Vidalia, Toombs County ($2,880,000). [Taxable Bond]
From State General Funds, $547,524 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,030,000 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
$547,524
General Assembly, Georgia
363.701 BOND: Georgia General Assembly Joint Offices: $2,500,000 in principal for 5 years at 5.07%: Fund the upgrade of the Legislative
Management System.
From State General Funds, $578,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia General Assembly by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
2638
JOURNAL OF THE HOUSE
State General Funds
$289,250
$578,500
House of Representatives, Georgia
363.711 BOND: Georgia House of Representatives: $1,815,000 in principal for 5 years at 5.07%: Fund voting system improvements in the House
chamber and audio visual upgrades in meeting rooms.
From State General Funds, $419,991 is specifically appropriated for the purpose of financing projects and facilities for the Georgia House of Representatives by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
State General Funds
$419,991
$419,991
Section 51: General Obligation Bonds Repealed, Revised, or Reinstated 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) signed by the Governor on April 28, 2014, carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2014 2015 (Ga. L. 2015, Volume One Appendix, commencing at p. 1 of 98, 92, Act No. 1, 2015 Regular Session, H.B. 75) signed by the Governor on February 19, 2015, and which reads as follows:
[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.
is hereby repealed in its entirety.
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:
THURSDAY, MARCH 10, 2016
2639
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 2016 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, 2016.
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 Banking and Finance, Department of Behavioral Health and Developmental Disabilities, Department of Corrections, Department of Juvenile Justice, Department of Law, Department of Public Health, Prosecuting Attorneys, and Georgia Public Defender Council. The amount for this Item is calculated according to an effective date of July 1, 2016.
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, 2016.
4.) In lieu of other numbered items, funds for the Department of Early Care and Learning for pre-kindergarten teachers to be used for employee recruitment and retention initiatives. The amount for this Item is calculated according to an effective date of July 1, 2016.
5.) Before Item 4 above, but not in lieu of it, additional funds for the Department of Early Care and Learning to implement a new compensation model to retain lead teachers, increase assistant teacher salaries, and maintain classroom quality. The amount for this Item is calculated according to an effective date of July 1, 2016.
6.) 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 2016 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, 2016.
7.) 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, 2016.
2640
JOURNAL OF THE HOUSE
8.) 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 2016 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, 2016.
9.) 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 2016 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, 2016.
Section 53: Refunds In addition to all other appropriations, there is hereby appropriated, as needed, a specific sum of money equal to each refund authorized by law, which is required to make refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law.
Section 54: Leases In accordance with the requirements of Article IX, Section III, Paragraph I(a) of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year under existing lease contracts between any department, agency, or institution of the State and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State Fiscal Year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, then there shall be taken from other funds appropriated to the department, agency, or institution involved an amount sufficient to satisfy such deficiency in full, and the lease payment shall constitute a first charge on all such appropriations.
Section 55: Budgetary Control and Interpretation The appropriations in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for the fund source categories, "Total State Funds" and "Total Federal Funds," under a caption beginning with a program or special project number that has a 100 or a higher number after the decimal and a program or special project name. In each case, such appropriation is associated with the immediately preceding program or special project name, number, and statement of program or special project purpose. The program or special project purpose is stated immediately below the program or special project name. For authorizations for general obligation debt in Section 50, the indented, bold-faced paragraphs following each Bond number are the lowest level of detail and constitute appropriations in accordance with Article
THURSDAY, MARCH 10, 2016
2641
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.
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.
2642
JOURNAL OF THE HOUSE
Representative England of the 116th moved that the House disagree to the Senate substitute to HB 751.
The motion prevailed.
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, MARCH 10, 2016
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
Modified Open Rule
SB 158 SB 191 SB 290 SB 309
"Consumer and Provider Protection Act"; provide certain consumer and provider protections regarding health insurance (Substitute)(Ins-Jasperse11th) Burke-11th Blasting and Excavating Near Utility Facilities; prohibit local governing authorities from adopting ordinances (Substitute)(EU&T-Parsons-44th) Tippins-37th Insurance; clarify those individuals not required to be licensed as insurance agent (Ins-Reeves-34th) Bethel-54th Education; high school that receive state funding cannot participate in athletic association which prohibits religious expression on clothing of student athletes (Ed-Strickland-111th) Jones-25th
Modified Structured Rule
SB 305
Health; Physician Orders for Life-Sustaining Treatment form; require department to provide certain notification prior to modification (H&HSCooper-43rd) Unterman-45th
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
THURSDAY, MARCH 10, 2016
2643
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 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.
The following Committee substitute was read and adopted:
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 change certain provisions relating to notice to be given prior to blasting or excavating; to prohibit local governing authorities from enforcing ordinances or resolutions which impose certain fines for violating ordinances or resolutions setting forth certain marking or location 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. Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near utility facilities, is amended by revising subsection (c) of Code Section 25-9-6, relating to prerequisites to blasting or excavating and marking of sites, as follows:
"(c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 21 30 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 21 30 calendar days following the date of such notice, an additional notice must be given in accordance with subsection (a) of this Code section for the locate request to remain valid. Additional notices for an existing request shall not expand the tract or parcel of land upon which the blasting or excavation is to take place."
2644
JOURNAL OF THE HOUSE
SECTION 2.
Said chapter is further amended by adding a new Code section to read as follows: "25-9-11.1. No local governing authority shall enforce any ordinance or resolution which imposes fines for a violation of a local ordinance or resolution that establishes requirements for white lining, marking of utility facilities, re-marking of utility facilities, or otherwise locating utility facilities or sewer laterals for any locate request or large project."
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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson
Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H
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
Epps Y Evans N Fleming E Floyd Y Fludd Y Frazier N Frye Y Gardner Y Gasaway Y Gilligan Y Glanton E Golick Y Gordon
Y Harden Harrell
Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin
Martin E Maxwell
Mayo Y McCall
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer
Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J
Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw N Ramsey Y Randall Y Reeves Y Rhodes
Rice Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott 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
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 N Trammell N Turner Y Waites Y Watson N Welch
Weldon E Werkheiser Y Wilkerson Y Wilkinson N Willard Y Williams, A Y Williams, C Y Williams, E
Williamson
THURSDAY, MARCH 10, 2016
2645
Clark, V Y Coleman
Y Gravley Y Greene
Y McClain Y Meadows
Y Shaw Y Sims
Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 140, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Bill of the Senate was postponed until the next legislative day:
SB 158. By Senators Burke of the 11th, Kirk of the 13th, Watson of the 1st, Hill of the 6th and McKoon of the 29th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain consumer and provider protections regarding health insurance; to provide for definitions; to provide for short titles; to provide for health insurer transparency; to provide for health care providers' right to choose; to provide for health care provider stability; to provide for consumer right to access; to provide for related matters; to repeal conflicting laws; and for other purposes.
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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1343 Do Pass, by Substitute SR 730 Do Pass
Respectfully submitted, /s/ Smith of the 70th
Chairman
Representative Powell of the 171st District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
2646
JOURNAL OF THE HOUSE
Your Committee on Ways and Means 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 350 Do Pass, by Substitute SR 558 Do Pass
Respectfully submitted, /s/ Powell of the 171st
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 309. By Senators Jones of the 25th, Bethel of the 54th, Hill of the 6th, Jeffares of the 17th, Mullis of the 53rd 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 certain programs and activities under the "Quality Basic Education Act," so as to provide that high schools that receive state funding cannot participate in an athletic association which prohibits religious expression on the clothing of student athletes; to provide that high schools that receive state funding cannot participate in an athletic association which prohibits member schools from organizing and playing scrimmage matches, games, or other athletic competitions with nonmember schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton N Bennett, K N Bennett, T E Bentley Y Benton
E 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 Harden Harrell
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley Y Jackson
N Metze Y Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver 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 Y Stephens, M Y Stephens, R N Stephenson Y Stovall Y Stover Y Strickland Y Tankersley
THURSDAY, MARCH 10, 2016
2647
Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant
Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dudgeon Dukes
Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England
Epps N Evans Y Fleming E Floyd N Fludd N Frazier Y Frye N Gardner Y Gasaway Y Gilligan N Glanton E Golick Y Gordon Y Gravley Y Greene
Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L E Jones, S Y Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra Y Marin
Martin E Maxwell
Mayo Y McCall N McClain Y Meadows
Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott
Setzler N Sharper Y Shaw Y Sims
Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. N Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon E 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, the ayes were 123, nays 34.
The Bill, having received the requisite constitutional majority, was passed.
SB 290. By Senator Bethel of the 54th:
A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing, so as to clarify those individuals not required to be licensed as an insurance agent; 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 Atwood Y Ballinger Y Barr
Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
E Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harden Harrell
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver 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
2648
JOURNAL OF THE HOUSE
E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene
Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Meadows
Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott
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 E 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 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 305. By Senator 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 require the department to provide certain notification prior to modification of the Physician Orders for Life-Sustaining Treatment form; 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 Atwood Y Ballinger Y Barr
E Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Y Harden Harrell
Y Hatchett Y Hawkins Y Henson Y Hightower
Y Metze 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
THURSDAY, MARCH 10, 2016
2649
Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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
Gardner Y Gasaway Y Gilligan Y Glanton E Golick Y Gordon Y Gravley Y Greene
Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
On the passage of the Bill, the ayes were 162, nays 0.
Y Stephens, M Y Stephens, R
Stephenson E 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 E Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
The Bill, having received the requisite constitutional majority, was passed.
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 183 SB 269 SB 333
Do Pass, by Substitute Do Pass Do Pass
SB 206 SB 275 SB 356
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Willard of the 51st
Chairman
2650
JOURNAL OF THE HOUSE
Representative Maxwell of the 17th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 402 Do Pass, by Substitute
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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 954 Do Pass, by Substitute
Respectfully submitted, /s/ Sims of the 123rd
Chairman
Representative Burns of the 159th 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.
FRIDAY, MARCH 11, 2016
2651
Representative Hall, Atlanta, Georgia
Friday, March 11, 2016
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 Atwood Ballinger Barr Battles Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M E Cannon Cantrell Carson Carter, A Carter, D 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 E Floyd Frazier Frye Gardner Gasaway Gilligan Glanton Golick Gordon Gravley Greene
Harden Harrell Hatchett Hawkins E 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 Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Metze Mitchell Morris Mosby Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper
Shaw Sims Smith, E Smith, L E Smith, M Smith, R Smyre Spencer Stephens, M E Stephenson Stovall E Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, E Trammell Turner Waites Watson E 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 Fludd of the 64th, Kirby of the 114th, Thomas of the 56th, Welch of the 110th, and Weldon of the 3rd.
2652
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Reverend Brendolyn Jenkins Boseman, Hudson Memorial CME 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.
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 1137. By Representatives Cooke of the 18th and Kelley of the 16th:
A BILL to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner of Haralson County, approved March 21, 1958 (Ga. L. 1958, p. 2917), as amended, so as to modify the compensation of the tax commissioner; to provide that all fees, commissions, costs, and perquisites collected by the tax commissioner shall be the property of Haralson County; to modify the appointment and compensation of deputies and clerical staff; to provide for related matters; to repeal conflicting laws; and for other purposes.
FRIDAY, MARCH 11, 2016
2653
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1138. By Representatives Cooke of the 18th and Kelley of the 16th:
A BILL to be entitled an Act to provide a homestead exemption from Haralson County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose income, together with the income of the spouse of such resident who resides within such homestead and excluding certain retirement income, does not exceed $10,000.00; 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 1139. By Representatives Jasperse of the 11th and Meadows of the 5th:
A BILL to be entitled an Act to amend an Act to repeal and replace the Charter of the City of Fairmount, approved April 17, 1975 (Ga. L. 1975, p. 3136), as amended, so as to change the corporate limits of the city by annexing certain territory to the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1140. By Representatives Mitchell of the 88th, Bennett of the 80th, Oliver of the 82nd, Kendrick of the 93rd, Dawkins-Haigler of the 91st and others:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, approved May 4, 1992 (Ga. L. 1992, p. 6845), as amended, so as to modify said homestead exemption provisions so as to eliminate the income ceiling of $50,000.00 per annum; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
2654
JOURNAL OF THE HOUSE
HR 1654. By Representative Cheokas of the 138th:
A RESOLUTION creating the House Study Committee on Coordinating Federal Funding to Empower the Georgia Workforce; and for other purposes.
Referred to the Committee on Special Rules.
HR 1655. By Representatives Williams of the 168th and Stephens of the 164th:
A RESOLUTION recognizing McLarry's and dedicating a road in the establishment's honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1680. By Representatives Carter of the 175th, Rogers of the 29th, Battles of the 15th, Corbett of the 174th, Watson of the 172nd and others:
A RESOLUTION honoring the life of Mr. James Slaton "Jay" Shaw and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1682. By Representatives Coomer of the 14th, Ralston of the 7th, Abrams of the 89th, Stephens of the 164th, Williams of the 168th and others:
A RESOLUTION honoring the life of Mr. Bob Bryant and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1129 HB 1131 HB 1133 HB 1135 HR 1608 HR 1610 HR 1612
HB 1130 HB 1132 HB 1134 HB 1136 HR 1609 HR 1611 SB 425
Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:
FRIDAY, MARCH 11, 2016
2655
Mr. Speaker:
Your Committee on Health and Human Services 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 1382 Do Pass SB 230 Do Pass SB 314 Do Pass, by Substitute
SB 114 SB 271 SB 337
Do Pass, by Substitute 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1106 HB 1118 HB 1120 HB 1122 HB 1124 HB 1126 HB 1128
Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass
HB 1117 HB 1119 HB 1121 HB 1123 HB 1125 HB 1127 SB 419
Do Pass Do Pass Do Pass Do Pass 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, MARCH 11, 2016
Mr. Speaker and Members of the House:
2656
JOURNAL OF THE HOUSE
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:
DEBATE CALENDAR
Modified Open Rule
SB 273 SB 277 SB 279 SB 347
Clinical Laboratories; provide certain nondiagnostic laboratories not subject to state licensure as clinical laboratory (H&HS-Lott-122nd) Burke11th "Protecting Georgia Small Business Act"; neither a franchisee/franchisee's employee shall be deemed employee of franchisor (I&L) Albers-56th Georgia Peace Officer Standards and Training Council; include Commissioners of Juvenile Justice/Natural Resources as voting members (PS&HS-Powell-32nd) Harper-7th 'Georgia Captive Insurance Company Act'; provide extensive changes; provisions (Substitute)(Ins-Shaw-176th) Bethel-54th
Modified Structured Rule
SB 137
Property Insurance; expand the ownership restriction; value of the property covered against loss by fire (Ins-Shaw-176th) Harbin-16th
Structured Rule
Pursuant to House Rule 33.3, debate shall be limited to one hour on SB 308. Time to be allocated at the discretion of the Speaker.
SB 308
Positive Alternatives for Pregnancy and Parenting Grant Program; establish; definitions; administration and duties (Substitute)(H&HSCooper-43rd) Unterman-45th
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:
FRIDAY, MARCH 11, 2016
2657
HB 1106. By Representatives Clark of the 98th, Coleman of the 97th and Brockway of the 102nd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, approved May 14, 2003 (Ga. L. 2003, p. 3546), so as to change provisions relating to municipal property ownership; 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 1117. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th:
A BILL to be entitled an Act to amend an Act creating the Downtown Athens Development Authority, approved March 23, 1977 (Ga. L. 1977, p. 3533), as amended, which authority was created pursuant to an amendment to the Constitution as contained in Ga. L. 1975, p. 1698, and amended by Ga. L. 1976, p. 1912; to define and create the Downtown Athens Area; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1118. By Representative Jackson of the 128th:
A BILL to be entitled an Act to provide for the filling of vacancies on the Washington County Hospital Authority; to provide for the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1119. By Representatives Petrea of the 166th, Stephens of the 164th, Hitchens of the 161st, Stephens of the 165th and Gordon of the 163rd:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Chatham County; to provide that the person currently serving as elected county surveyor shall serve the remainder of his or her term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
2658
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1120. By Representative Burns of the 159th:
A BILL to be entitled an Act to authorize the governing authority of the Board of Commissioners of Screven 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.
HB 1121. By Representatives Pezold of the 133rd and Buckner of the 137th:
A BILL to be entitled an Act to amend an Act to provide for a new charter for the City of Hamilton, approved April 10, 2014 (Ga. L. 2014, p. 4118), so as to change provisions related to residing or being a resident of the city to being domiciled in such city; to provide that the failure of the mayor to regularly attend city council meetings shall be considered forfeiture of office; to eliminate the position of the city manager; to transfer certain duties from the city manager to the mayor; to fix a cross-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.
HB 1122. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to create a board of elections and registration for Oglethorpe County; to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members and an elections supervisor; to provide for the qualifications, terms, and removal of members; to provide for vacancies; to provide for oaths and privileges; to provide for the conduct of primaries and elections; to provide for meetings; to authorize the conduct of municipal elections; to allow for joint primaries; to authorize expenditure of public funds; to provide compensation for board members; to provide for offices, supplies, and other materials; to provide for related matters; to repeal conflicting laws; and for other purposes.
FRIDAY, MARCH 11, 2016
2659
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1123. By Representatives Blackmon of the 146th, Clark of the 147th, Harden of the 148th, Epps of the 144th and Dickey of the 140th:
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), as amended, particularly by an Act approved May 12, 2015 (Ga. L. 2015, p. 4161), so as to identify the projects or tourism product development purposes and specify the allocation of proceeds of the excise tax; 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 1124. By Representative Pirkle of the 155th:
A BILL to be entitled an Act to reconstitute the Ocilla-Irwin County Industrial Development Authority; to provide for powers, authority, funds, purposes, and procedures connected therewith; to repeal the amendment to the Constitution of Georgia creating the previous Ocilla-Irwin County Industrial Development Authority; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; 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 1125. By Representatives Morris of the 156th and Nimmer of the 178th:
A BILL to be entitled an Act to provide a new charter for the City of Surrency, formerly the Town of Surrency; 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.
2660
JOURNAL OF THE HOUSE
HB 1126. By Representative Morris of the 156th:
A BILL to be entitled an Act to provide a new charter for the City of Graham; 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.
HB 1127. By Representative Morris of the 156th:
A BILL to be entitled an Act to create the City of Vidalia Convention and Visitor's 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 Vidalia, 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 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 1128. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to reconstitute the Chattahoochee County Board of Education with staggered terms and nonpartisan elections for members; to repeal the amendment to the Constitution of Georgia creating a new board of education for Chattahoochee County, approved March 25, 1958 (Ga. L. 1958, p. 603), which was continued under the 1983 Constitution of the State of Georgia by an Act approved March 20, 1986 (Ga. L. 1986, p. 4311); to provide for a referendum with respect to the foregoing; to provide for a contingent effective date; to provide for a contingent automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, MARCH 11, 2016
2661
SB 419. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act establishing the State Court of Wayne County (formerly the City Court of Jesup, in and for the County of Wayne), approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved April 28, 2001 (Ga. L. 2001, p. 4563), so as to change the salary of the judge and solicitor; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H
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
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J
Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Stephens, R E Stephenson Y Stovall E 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 E Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
2662
JOURNAL OF THE HOUSE
Y Clark, V Y Coleman
Y Gravley Y Greene
Y McClain Y Meadows
Y Shaw Y Sims
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:
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 947. By Representative Corbett of the 174th:
A BILL to be entitled an Act to authorize the assessment and collection of a technology fee by the Probate Court of Echols County; to identify the authorized uses of said technology fee; to provide for the maintenance of said technology fee funds; to authorize collaboration of the clerk of the Probate Court of Echols County with the finance director of Echols County; to provide for reports of income and expenditures; to provide for fund history reviews; to provide for lowering of the amount of said technology fee; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 844. By Representatives Maxwell of the 17th, Jasperse of the 11th, Buckner of the 137th, Greene of the 151st, Rakestraw of the 19th and others:
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 update certain provisions related to determining which insurance premiums are subject to taxation related to the fund; to provide that venue for any action brought in the superior court against the fund or the board shall be in the superior court of the board's county of domicile; to repeal conflicting laws; and for other purposes.
HB 1083. By Representatives Houston of the 170th, Pirkle of the 155th and Watson of the 172nd:
FRIDAY, MARCH 11, 2016
2663
A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), so as to change the office of the solicitor of the state court to a full-time position; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate, having been previously postponed, was again postponed until the next legislative day:
SB 343. By Senator Parent of the 42nd:
A BILL to be entitled an Act to provide a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district 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 following members were recognized during the period of Morning Orders and addressed the House:
Representatives Knight of the 130th, Stovall of the 74th, Ballinger of the 23rd, Dickson of the 6th, Nix of the 69th et al., Cook of the 18th, Rakestraw of the 19th, Marin of the 96th, Dawkins-Haigler of the 91st, and Cheokas of the 138th.
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 House:
HB 751. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; 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
2664
JOURNAL OF THE HOUSE
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 Resolutions of the House were read and adopted:
HR 1681. By Representatives Henson of the 86th, Dawkins-Haigler of the 91st, Stephenson of the 90th, Mosby of the 83rd and Kendrick of the 93rd:
A RESOLUTION commending Mt. Zion African Methodist Episcopal Church and congratulating it on the occasion of its 146th anniversary; and for other purposes.
HR 1686. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, England of the 116th, Burns of the 159th and others:
A RESOLUTION recognizing Zaxby's on the grand occasion of their 25th anniversary; and for other purposes.
HR 1687. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Carolyn Hall upon receiving the 2016 Women's Legislative Caucus's Servant Leadership Award; and for other purposes.
HR 1688. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Pezold of the 133rd and Buckner of the 137th:
A RESOLUTION commending and congratulating Mrs. Artelure Smith Gamble; and for other purposes.
HR 1689. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending the 2016 legislative session temporary administrative assistants for the House of Representatives on their exemplary service; and for other purposes.
HR 1690. 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.
FRIDAY, MARCH 11, 2016
2665
HR 1691. By Representative Jones of the 53rd:
A RESOLUTION recognizing and commending Audraine Jackson; and for other purposes.
HR 1692. By Representatives Dickerson of the 113th, Randall of the 142nd, Bennett of the 94th and Dukes of the 154th:
A RESOLUTION recognizing Gwendolyn Boyd Ellis upon the grand occasion of her retirement; and for other purposes.
HR 1693. By Representatives Kidd of the 145th, Stephens of the 164th and Sharper of the 177th:
A RESOLUTION recognizing and commending Joseph Dotson Frazier; and for other purposes.
HR 1694. By Representative Beverly of the 143rd:
A RESOLUTION recognizing November, 2016, as Bladder Health Month at the state capitol; and for other purposes.
HR 1695. By Representatives Glanton of the 75th, Abrams of the 89th, Smyre of the 135th, Dawkins-Haigler of the 91st, Hugley of the 136th and others:
A RESOLUTION recognizing March 21, 2016, as Caribbean American Heritage Day at the state capitol; and for other purposes
Pursuant to HR 1278, the House recognized and commended Julie Doss for her outstanding accomplishments in the 2015 Special Olympics World Games.
Pursuant to HR 1539, the House congratulated the Jefferson High School wrestling team on winning the Class AAA state traditional wrestling championship.
Pursuant to HR 1353, the House recognized and commended Mr. Scott Woerner upon his induction into the College Football Hall of Fame.
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
2666
JOURNAL OF THE HOUSE
Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 348 SB 355 SB 364
Do Pass Do Pass Do Pass, by Substitute
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 137. By Senators Harbin of the 16th, Thompson of the 14th, McKoon of the 29th, Ligon, Jr. of the 3rd, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to expand the ownership restriction as it relates to the application of the value of the property covered against loss by fire; to 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
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 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J
Price Y Prince
Y Smith, E Y Smith, L E 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
FRIDAY, MARCH 11, 2016
2667
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd E Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Weldon E 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.
The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 158. By Senators Burke of the 11th, Kirk of the 13th, Watson of the 1st, Hill of the 6th and McKoon of the 29th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain consumer and provider protections regarding health insurance; to provide for definitions; to provide for short titles; to provide for health insurer transparency; to provide for health care providers' right to choose; to provide for health care provider stability; to provide for consumer right to access; 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 certain health care provider network restrictions and requirements; to provide for definitions; to require registration by rental preferred provider networks; to provide for applicability; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
2668
JOURNAL OF THE HOUSE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows:
"CHAPTER 20C
33-20C-1. As used in this chapter, the term:
(1) 'Affiliate' means an entity owned or controlled, either directly or through a parent or subsidiary entity, by a contracting entity that accesses the rates, terms, or conditions of health care services. (2) 'Contracting entity' means any person or entity that enters into direct contracts with health care providers for the delivery of health care services in the ordinary course of business, including a health care organization or hospital organization when leasing or renting the health care organization's or hospital organization's network to a third party. (3) 'Covered person' means an individual who is covered under a health insurance plan. (4) 'Health care services' means the examination or treatment of persons for the prevention of illness or the correction or treatment of any physical or mental condition resulting from illness, injury, or other human physical problem. (5) 'Health insurer' means an accident and sickness insurer, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity regulated by the Commissioner. (6) 'Provider network contract' means a contract between a contracting entity and a provider specifying the rights and responsibilities of the contracting entity and provider for the delivery of and payment for health care services to covered persons. (7) 'Rental preferred provider network' means a preferred provider network that contracts with a health insurer or other payor or with another preferred provider network to grant access to the terms and conditions of its contract with providers of health care services. Such contracts are often referred to as 'renting' or 'leasing' the network. The term 'rental preferred provider network' does not refer to a proprietary network of a licensed insurer or to arrangements providing for access to the proprietary network of a licensed insurer by affiliates of the licensed insurer or by entities receiving administrative services from the licensed insurer or its affiliates. (8) 'Third party' means an organization that enters into a contract with a contracting entity or with another third party to gain access to a provider network contract.
33-20C-2. (a) Any person who commences business as a rental preferred provider network shall register with the Commissioner within 30 days of commencing business in this state
FRIDAY, MARCH 11, 2016
2669
unless such person is licensed by the Commissioner as a health insurer. Each rental preferred provider network not licensed by the Commissioner on July 1, 2016, shall be required to register with the Commissioner no later than September 30, 2016, and shall be placed on an approved list maintained by the Commissioner. (b) Registration shall consist of the submission of the following information:
(1) The official name of the rental preferred provider network, including any d/b/a designations used in this state; (2) The mailing address and main telephone number for the rental preferred provider network's main headquarters; and (3) The name and telephone number of the rental preferred provider network representative who shall serve as the primary contact with the department. (c) The information required by this Code section shall be submitted in written or electronic format, as prescribed by the Commissioner by rule or regulation. (d) The Commissioner may, pursuant to rule or regulation, collect a reasonable fee for the purpose of administering the registration process. (e) The Commissioner shall maintain an approved list of rental preferred provider networks.
33-20C-3. (a) A rental preferred provider network shall not:
(1) Knowingly access or utilize a network provider's contractual discount pursuant to a provider network contract without a contractual relationship with the network provider, rental preferred provider network, or third party; or (2) Lease, rent, or otherwise grant to a third party access to a provider network contract unless:
(A) The third party is a payor or third-party administrator or another entity that administers or processes claims on behalf of the payor; (B) The provider network contract states that the contracting entity may enter into an agreement with a third party allowing the third party to obtain the contracting entity's rights and responsibilities under the provider network contract as if the third party were the contracting entity; (C) The provider network contract, and all agreements between a contracting entity and any third party, prohibits such third party from increasing the contractual discounts or otherwise reducing the compensation to a network provider to an amount below that which the network provider was entitled from the contracting entity for health care services at the time the third party was granted access to the provider network contract unless such third party becomes a contracting entity; and (D) The third party accessing the provider network contract is contractually obligated to comply with all applicable terms, limitations, and conditions of the provider network contract. (b) A contracting entity that grants access to a network provider's health care services and contractual discounts to any third party pursuant to a provider network contract shall maintain an Internet website, mobile communication device application, or other
2670
JOURNAL OF THE HOUSE
readily available mechanism, such as a toll-free telephone number, through which a network provider may obtain a listing, updated at least every 30 days, of the third parties to which the contracting entity or another third party has executed contracts to grant access to such network provider's health care services and contractual discounts pursuant to a provider network contract. (c) All information made available to a network provider in accordance with the requirements of this chapter shall be confidential and shall not be disclosed to any person or entity not employed by the network provider or involved in the network provider's practice or the administration thereof without the prior written consent of the contracting entity; provided, however, that this shall not preclude a network provider from disclosing such information to an outside consultant or attorney for the purpose of assisting the network provider with any disputes with a contracting entity. (d) Nothing contained in this chapter shall be construed to prohibit a contracting entity from requiring a network provider to execute a reasonable confidentiality agreement to ensure that confidential or proprietary information disclosed by the contracting entity is not used for any purpose other than the network provider's direct practice management or billing activities.
33-20C-4. (a) A third party, having itself been granted access to a network provider's health care services and contractual discounts pursuant to a provider network contract, that subsequently grants access to another third party shall be obligated to comply with the rights and responsibilities imposed on contracting entities pursuant to this chapter. (b) A third party that enters into a contract with another third party to access a network provider's health care services and contractual discounts pursuant to a provider network contract shall be obligated to comply with the rights and responsibilities imposed on third parties under this Code section.
33-20C-5. This chapter shall not apply to:
(1) Provider network contracts for services provided to Medicaid, medicare, the state health benefit plan under Article 1 of Chapter 18 of Title 45, or State Children's Health Insurance Program (SCHIP) beneficiaries; (2) Employers, church plans, or government plans receiving administrative services from a rental preferred provider network or its affiliates, or pharmacy benefits managers; (3) Circumstances where access to the provider network contract is granted to an entity operating under the same brand licensee program as the contracting entity; (4) The provision of any medical services for injuries covered under Chapter 9 of Title 34, relating to workers' compensation; or )5( Self-funded, employer sponsored health insurance plans regulated under the Employee Retirement Income Security Act of 1974, as codified and amended at 29 U.S.C. Section 1001, et seq.
FRIDAY, MARCH 11, 2016
2671
33-20C-6. Any person or entity that is not duly licensed or that should be licensed by the department or that is not duly registered or that should be registered with the department pursuant to Code Section 33-20C-2 and acts as a rental preferred provider network, as defined in paragraph (7) of Code Section 33-20C-1, shall be subject to penalties set forth in subsection (g) of Code Section 33-2-24. The Commissioner shall have the authority, in addition to any other remedies and damages allowed by law, to seek to restrain or enjoin any person or entity, whether or not such person or entity is licensed or registered pursuant to this title, that is determined to be in violation of Code Section 33-20C-2 or 33-20C-3, and such person or entity shall be liable for attorney fees and litigation expenses incurred in the action to restrain or enjoin such violation."
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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D
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 E Frazier Y Frye Y Gardner
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley E Jackson 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 Lott Y Lumsden Y Mabra
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T
Y Smith, E Y Smith, L E 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 E Weldon E Werkheiser Y Wilkerson Y Wilkinson
2672
JOURNAL OF THE HOUSE
Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
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 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 273. By Senators Burke of the 11th, Jones of the 25th, Jeffares of the 17th and VanNess of the 43rd:
A BILL to be entitled an Act to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, so as to provide that certain nondiagnostic laboratories are not subject to state licensure as a clinical laboratory; 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
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 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey
Y Smith, E Y Smith, L E 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
FRIDAY, MARCH 11, 2016
2673
Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fleming E Floyd Y Fludd E Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Randall Y Reeves Y Rhodes Y Rice 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 E 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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 751. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; 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 751 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives England of the 116th, Burns of the 159th and Jones of the 47th.
2674
JOURNAL OF THE HOUSE
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 279. By Senators Harper of the 7th, Albers of the 56th, Ligon, Jr. of the 3rd, Dugan of the 30th, Williams of the 27th 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 employment and training of peace officers, so as to include the commissioner of juvenile justice and the commissioner of natural resources as voting members of the Georgia Peace Officer Standards and Training 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.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas
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 E Floyd Y Fludd E Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 E Werkheiser Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C
FRIDAY, MARCH 11, 2016
2675
Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Golick Y Gordon Y Gravley Y Greene
E Mayo Y McCall Y McClain Y Meadows
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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 347. By Senator Bethel of the 54th:
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 extensive changes to the captive insurance company provisions of this title; to provide for definitions for types of captive insurance companies; to provide for creation and regulation of different types of captive insurance companies; to provide for certain exemptions; to change certain requirements; to provide for regulation by the Commissioner; to 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 extensive changes to the captive insurance company provisions of this title; to provide for definitions for types of captive insurance companies; to provide for creation and regulation of different types of captive insurance companies; to provide for certain exemptions; to change certain requirements; to provide for regulation by the Commissioner; 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 Chapter 41, relating to captive insurance companies, as follows:
"CHAPTER 41
33-41-1. This chapter shall be known and may be cited as the 'Georgia Captive Insurance Company Act.'
2676
JOURNAL OF THE HOUSE
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, limited liability company, 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 or membership interests in a partnership, trust, limited liability company, or estate. (2) 'Agency captive insurance' company means: (A) An insurance company that is owned or controlled by an insurance agency, brokerage, managing general agent, or reinsurance intermediary, or an affiliate thereof, or under common ownership or control with such agency, brokerage, managing general agent, or reinsurance intermediary, and that only reinsures the risk of insurance or annuity contracts placed by or through such agency, brokerage, managing general agent, or reinsurance intermediary; or (B) An insurance company that is owned or controlled by a marketer, producer, administrator, issuer, or provider of service contracts or warranties and that only reinsures the contractual liability arising out of such service contracts or warranties sold through such marketer, producer, administrator, issuer, or provider. (2)(3) 'Association' means any membership organization whose members consist of a group of individuals, corporations, partnerships, or other entities or 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 person that is the sole shareholder of an association captive insurance company. (3)(4) '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)(5) 'Captive insurance company' means any pure captive insurance company, association captive insurance company, agency captive insurance company, industrial insured captive insurance company, or risk retention group captive insurance company. (5)(6) 'Controlled unaffiliated business' means: (A) A person:
(i) That is not an affiliate of the parent;
FRIDAY, MARCH 11, 2016
2677
(ii) That has an existing contractual relationship with an affiliate of the parent 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. (6)(7) '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 (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. (7)(8) '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 an entity whose only shareholders owners are industrial insureds that are insured or reinsured by the industrial insured captive insurance company. (8)(9) 'Parent' means a corporation an entity which directly owns shares representing more than 50 percent of the total outstanding voting power and value of a pure captive insurance company. (9)(10) '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. (10)(11) '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. (11)(12) '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.
2678
JOURNAL OF THE HOUSE
33-41-3. (a) Subject to the provisions of subsection (c) of this Code section and the other provisions of this chapter, a captive insurance company, where permitted by its charter articles of incorporation, may engage in the business of any of the following kinds of insurance or reinsurance:
(1) Casualty, as described in Code Section 33-7-3 but excluding accident and sickness insurance as defined in Code Section 33-7-2, except for a pure captive insurance company, which may engage in the business of accident and sickness insurance as defined in Code Section 33-7-2; (2) Marine and transportation, as described in Code Section 33-7-5; (3) Property, as described in Code Section 33-7-6; and (4) Surety, as described in Code Section 33-7-7. (b) Insurance policies and bonds issued by a captive insurance company for workers' compensation insurance and motor vehicle accident insurance shall be in conformity with all minimum requirements for coverages and coverage amounts established by the state for such types of insurance. Such insurance policies and bonds issued by a captive insurance company shall constitute satisfactory proof that the motor vehicle owners or employers, as applicable, insured under such policies or bonds have satisfied the requirements for motor vehicle accident insurance prescribed by Code Section 33-34-4 and for workers' compensation insurance prescribed by Code Section 34-9-121. (c) Except as otherwise provided in subsection (d) of this Code section: (1) A captive insurance company may shall not insure or reinsure any risks resulting from:
(A) Any personal, familial, or household responsibilities; or (B) Activities other than risks resulting from responsibilities arising out of any business, whether profit or nonprofit; trade; product; services, including professional or fiduciary services; or commercial premises or commercial operations; (2) A captive insurance company may only cede reinsurance as provided in Code Section 33-41-14; (3) A pure captive insurance company may only insure or reinsure the risks of its parent, and affiliates of its parent, and its controlled unaffiliated business; (4) An association captive insurance company may only insure or reinsure the risks of the members of its association and their affiliates; (5) An industrial insured captive insurance company may only insure or reinsure the risks of the industrial insureds, and their affiliates, that are its shareholders or shareholders of its sole shareholder; and (6) A risk retention group captive insurance company may only insure or reinsure the risks of its group members. (d) A captive insurance company may reinsure the risks insured or reinsured either directly or indirectly by: (1) Any other captive insurance company; or
FRIDAY, MARCH 11, 2016
2679
(2) Any foreign or alien insurance company which satisfies the ownership or membership requirements of a captive insurance company under this chapter; provided, however, that the risks insured or reinsured from the foreign or alien insurance company are solely those of its owners or members or their affiliates.
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; (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.
33-41-5. (a) A pure captive insurance company or an agency captive insurance company must be incorporated as a stock insurer with its capital divided into shares. (b) An association captive insurance company, or an industrial insured captive insurance company, or a risk retention group captive insurance company must shall be incorporated:
(1) As a stock insurer with its capital divided into shares; or (2) As a mutual insurer without capital stock, the governing body of which is elected by its members. (c) The applicable statutes of this state relating to the powers and procedures of domestic corporations formed for profit shall apply to captive insurance companies, except where in conflict with the express provisions of this chapter or regulations promulgated hereunder; provided, however, that captive insurance companies are exempt from the requirements of subsection (b) of Code Section 33-14-5. (d) The incorporation procedures of Code Sections 33-14-4 through 33-14-6, inclusive, and the amendment procedures of Code Section 33-14-8 shall apply to captive insurance companies; provided, however, that captive insurance companies are exempt from the publishing and probate court certification requirements of Code Sections 3314-5 and 33-14-8.
33-41-6. (a) A captive insurance company shall not use any name which is either similar, misleading, or confusing with respect to any other name already in use by any other captive insurance company, domestic mutual or stock insurance company, corporation, or association organized or doing business in this state. The Secretary of State Commissioner shall not issue a charter to approve the articles of incorporation of an applicant attempting to use such a name nor shall the Commissioner approve an application for a certificate of authority from such applicant.
2680
JOURNAL OF THE HOUSE
(b)(1) With the exception of risk retention group captive insurance companies, the name of a captive insurance company shall include the words 'captive insurance company.' company' and have such word or words, abbreviation, suffix, or prefix included in the name or attached to it in such a manner as to clearly indicate that it is a corporation. (2) The name of a risk retention group captive insurance company shall include the words 'risk retention group captive insurance company.' company' and have such word or words, abbreviation, suffix, or prefix included in the name or attached to it in such a manner as to clearly indicate that it is a corporation. (c) If the captive insurance company is a mutual insurer, the word 'mutual' shall also be a part of the name.
33-41-7. (a) The affairs of every captive insurance company shall be managed by not less than three directors. (b) At least one of the directors of every captive insurance company shall be a resident of this state, and a majority of the directors shall be citizens of the United States. (c) Every captive insurance company 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.
33-41-8. (a) The amount of minimum capital or surplus required for each captive insurance company shall be determined on an individual basis, however:
(1) A pure captive insurance company shall maintain at least $250,000.00 in surplus; (2) An association captive insurance company shall maintain at least $500,000.00 in surplus; (3) An agency captive insurance company shall maintain at least $250,000.00 in surplus; (3)(4) An industrial insured captive insurance company shall maintain at least $500,000.00 in surplus; and (4)(5) 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. (b) Minimum capital or surplus of up to $500,000.00 shall be maintained in any of the following: (1) Cash;
FRIDAY, MARCH 11, 2016
2681
(2) Certificates of deposit or similar certificates or evidences of deposits in banks or trust companies but only to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation; or (3) Savings accounts, certificates of deposit, or similar certificates or evidences of deposit in savings and loan associations and building and loan associations but only to the extent that the same are insured by the Federal Savings and Loan Insurance Corporation; or (4) Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in Code Section 33-41-9. (c) One hundred thousand dollars of the minimum capital or surplus of an association captive insurance company, an industrial insured captive insurance company, or a risk retention group captive insurance company must be deposited with the state prior to the issuance of a certificate of authority. (d) Any additional capital or surplus in excess of $500,000.00 required by the Commissioner pursuant to subsection (a) of this Code section may be provided and maintained in any of the following: (1) Any eligible investments of minimum capital or surplus authorized under Code Section 33-11-5; (2) Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in Code Section 33-41-9; or (3) Any other investments approved by the Commissioner that do not impair the financial solvency of the captive insurance company.
33-41-9. (a) Any letter of credit used to meet the requirements set forth in Code Sections 33-418, 33-41-12, and 33-41-14 shall be:
(1) Must be clean, Clean, irrevocable, and unconditional; (2) Must be issued Issued by a bank approved by the Commissioner, which is either a bank chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System; (3) Must provide that it is presentable Presentable and payable within the State of Georgia; and (4) Must be provided Provided in conformity with any other requirements established by the Commissioner. (b) The Commissioner may require any captive insurance company to draw upon its letters of credit at any time, in amounts determined by the Commissioner, if the Commissioner determines that such action is necessary for the protection of the interests of the captive insurance company's policyholders.
33-41-10. (a) The application for an original certificate of authority for a captive insurance company must be filed with the Commissioner and shall contain the following:
2682
JOURNAL OF THE HOUSE
(1) A certified copy of the captive insurance company's adopted or proposed articles of incorporation and bylaws; (2) A business plan which shall contain the following:
(A) A plan of operation or a feasibility study describing the anticipated activities and results of the captive insurance company which shall include:
(i) A description of the coverages, coverage limits and deductibles, and premium rating systems for the lines of insurance or reinsurance that the captive insurance company intends to offer; (ii) Historical and expected loss experience of the risks to be insured or reinsured by the captive insurance company; (iii) Pro forma financial statements and projections of the proposed business operations of the captive insurance company; (iv) An analysis of the adequacy of the captive insurance company's proposed premiums and capital and surplus levels relative to the risks to be insured or reinsured by the captive insurance company; (v) A statement of the captive insurance company's net retained limit of liability on any contract of insurance or reinsurance it intends to issue and the nature of any reinsurance it intends to cede; (vi) A statement certifying that the captive insurance company's investment policy is in compliance with this title and specifying the type of investments to be made pursuant to Code Section 33-41-18; (vii) A statement identifying the geographic areas in which the captive insurance company intends to operate; (viii) A statement identifying the persons or organizations who will perform the captive insurance company's major operational functions, including management, underwriting, accounting, investment of assets, claims adjusting and loss control, and the adequacy of the expertise, experience, and character of such persons or organizations; and (ix) Whenever required by the Commissioner, an appropriate opinion by a qualified independent casualty actuary regarding the adequacy of the captive insurance company's proposed capital, surplus, and premium levels; and (B) Such other items deemed relevant by the Commissioner in ascertaining whether the proposed captive insurance company will be able to meet its contractual obligations. (b) In determining whether to approve an application for an original or renewal certificate of authority to a captive insurance company, the Commissioner shall examine the items submitted to him pursuant to subsections (a), (e), and (f) of this Code section. The Commissioner may rely upon and accept the reports of independent agents who may include licensed insurance counselors, brokers, agents, or adjusters discussed under Chapter 23 of this title, certified actuarial consultants, certified public accountants, risk managers, and examiners of insurance companies in order to facilitate his examination of the application for a certificate of authority by a captive insurance
FRIDAY, MARCH 11, 2016
2683
company. The expenses and charges of such independent agents shall be paid directly by the captive insurance company. (c) Each captive insurance company shall pay to the Commissioner an amount equal to all costs of examining, investigating, and processing its application for an original or renewal certificate of authority. In addition, it shall pay a fee for the initial year of registration and a renewal fee for each year thereafter in the amount periodically imposed under this title upon other domestic insurance companies. (d) Pursuant to Code Section 33-3-15, if the Commissioner is satisfied that the documents and statements filed by the captive insurance company comply with the provisions of this chapter, he shall notify the captive insurance company of his intention to issue a certificate of authority. (e) After the captive insurance company has been notified pursuant to subsection (d) of this Code section, the captive insurance company shall provide the Commissioner with:
(1) Evidence satisfactory to the Commissioner that the minimum capital or surplus required for the particular captive insurance company under Code Section 33-41-8 has been paid in and that the appropriate amount thereof has been deposited with the state; and (2) A financial statement showing the assets and liabilities of the captive insurance company which is certified by its president and calculated in accordance with the accounting standards set out in Chapter 10 of this title, except as modified by this chapter. Thereafter, the Commissioner shall promptly issue a certificate of authority authorizing the captive insurance company to transact insurance in this state until the thirtieth day of June thereafter. (f) Any material change in the items required under subsection (a) of this Code section shall require the prior approval of the Commissioner. Any material change which is not disapproved by the Commissioner within 30 days after its submission shall be deemed approved.
33-41-11. (a) The certificate of authority of a captive insurance company to transact insurance in this state may be refused, or suspended, or not be renewed pursuant to Code Sections 33-3-17 through 33-3-19, inclusive. (b) A certificate of authority shall expire, be renewed, and be amended by the Commissioner pursuant to Code Section 33-3-16; provided, however, that captive insurance companies shall not be subject to the publishing requirements of such Code section.
33-41-12. For the purposes of determining the financial condition of a captive insurance company, including, but not limited to, the maintenance of adequate reserves pursuant to Code Section 33-41-13, the reporting of business affairs pursuant to Code Section 33-41-15,
2684
JOURNAL OF THE HOUSE
and the examinations and investigations pursuant to Code Section 33-41-16, there shall be allowed as assets of a captive insurance company:
(1) Those assets described in Code Section 33-10-1; (2) Those assets otherwise authorized by Code Sections 33-41-8 and 33-41-14; and (3) Obligations for premium payments, provided that such obligations are secured by letters of credit, as described in Code Section 33-41-9; and (4) Assets that are approved by the Commissioner as admitted assets under rules adopted pursuant to this chapter.
33-41-13. (a) Every captive insurance company shall maintain reserves in an amount estimated in the aggregate to provide for the payment of all unpaid losses and claims incurred, whether reported or unreported, for which such captive insurance company may be liable, together with the expenses of adjustment or settlement of such losses and claims. Every captive insurance company shall keep a complete and itemized record, in a form satisfactory to the Commissioner, showing all losses and claims on which it has received notice. (b) If the loss experience of a captive insurance company shows that its loss reserves, however estimated, are inadequate, the Commissioner shall require the captive insurance company to maintain increased amounts of loss reserves as are needed to make its loss reserves adequate. (c) Every captive insurance company shall maintain an unearned premium reserve on all policies in force which shall never be less in the aggregate than the captive insurance company's actual liability to all its insureds for the return of gross unearned premiums computed pursuant to the method commonly referred to as the monthly pro rata method.
33-41-14. (a) A captive insurance company may cede any part of its risks to a reinsurer pursuant to a written reinsurance agreement and may take credit as an asset or a deduction from its liabilities for the amount of reinsurance premiums recoverable under such reinsurance agreement:
(1) If the reinsurer is in compliance with Code Section 33-7-14; (2) To the extent that assets are deposited or withheld from the reinsurer under a written trust or escrow agreement approved by the Commissioner pursuant to an express provision in the reinsurance agreement as security for the payment of the reinsurer's obligations thereunder, provided that:
(A) The assets deposited or withheld are held subject to withdrawal by, and under the control of, the ceding captive insurance company; or (B) The assets deposited or withheld are placed in a trust or escrow account for such purposes in a bank which is either chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System and withdrawals
FRIDAY, MARCH 11, 2016
2685
cannot be made without the express written consent of the ceding captive insurance company; (3) To the extent of the amount of a letter of credit, as described in Code Section 3341-9, given pursuant to an express provision in the reinsurance agreement as security for the payment of the reinsurer's obligations thereunder; or (4) When the Commissioner shall otherwise authorize such credits or deductions. (b) Any assets deposited or withheld under paragraph (2) of subsection (a) of this Code section must be in the form of cash, as defined in Code Section 33-11-6, or securities which must have a market value equal to or greater than the credit taken and are qualified as allowed assets for a domestic insurer under Chapter 11 of this title. (c) No credit shall be allowed for reinsurance in any unauthorized assuming reinsurer unless such reinsurer designates the Commissioner as agent for service of process in any action arising out of, or in connection with, such reinsurance.
33-41-15. Each captive insurance company shall be required to file annual and other reports of its business affairs and operations as prescribed by Code Section 33-3-21.
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 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 or agency 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 or agency 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 or agency captive insurance company, and shall not be subject to subpoena, shall not be made
2686
JOURNAL OF THE HOUSE
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.
33-41-17. The Commissioner may impose fines as prescribed by Code Section 33-3-20.
33-41-18. Except as provided in Code Section 33-41-8:
(1) An Risk retention group captive insurance companies, industrial insured captive insurance companies, and association captive insurance company companies shall comply with the investment requirements contained in Article 2 of Chapter 11 of this title; and (2) No pure Pure captive insurance company or industrial insured companies and agency captive insurance company companies shall not be subject to any restrictions on eligible investments whatever, including those limitations contained in Chapter 11 of this title; provided, however, that the Commissioner may prohibit or limit any investment that threatens the solvency or liquidity of any such captive insurance company.
33-41-19. (a) No captive insurance company shall be required to join or use the rates, rating systems, underwriting rules, or policy or bond forms of a rating or advisory organization as defined in Code Section 33-9-2. (b) No captive insurance company shall be required to file its premium rates or policy forms with, or seek approval of such rates or forms from, the Commissioner or any other authority of this state. However, the Commissioner shall impose minimum premiums upon association captive insurance companies which write motor vehicle liability insurance coverage required by law and do not participate in the Georgia Insurers Insolvency Pool. (c) Each captive insurance company shall provide the following notice in ten-point type on the front page and declaration page on all policies and on the front page of all applications for policies:
FRIDAY, MARCH 11, 2016
2687
'This captive insurance company is not subject to all of the insurance laws and regulations of the State of Georgia. State insurers insolvency guaranty funds are not available to the policyholders of this captive insurance company.'
33-41-20. (a)(1) No captive insurance company other than an association or industrial insured captive insurance company issuing workers' compensation insurance contracts shall be permitted to join or contribute financially to the Georgia Insurers Insolvency Pool under Chapter 36 of this title or any other plan, pool, or association guaranty or insolvency fund in this state. Other than an association or industrial insured captive insurance company issuing workers' compensation insurance contracts, no captive insurance company, or its insureds or claimants against its insureds, nor its parent or any affiliated company shall receive any benefit from the Georgia Insurers Insolvency Pool or any other plan, pool, or association guaranty or insolvency fund for claims arising out of the operations of such captive insurance company. (2) No captive insurance company shall be required to participate in any FAIR Plan established and maintained in this state under Chapter 33 of this title. (3) No captive insurance company shall be required to participate in any joint underwriting association established and maintained in this state under Chapter 9 of this title.
(b) Captive insurance companies shall be assessed on the same basis as self-insurers for the purpose of payments to the Subsequent Injury Trust Fund as described in Chapter 9 of Title 34.
33-41-20.1. (a) On and after January 1, 2008, every association and industrial insured captive insurance company issuing workers' compensation insurance contracts shall become a member of the Georgia Insurers Insolvency Pool under Chapter 36 of this title as to workers' compensation only. Such captive insurance companies shall be liable for assessments pursuant to Code Section 33-36-7 and for all other obligations imposed pursuant to Chapter 36 of this title as to workers' compensation only. (b) Except as provided for in Code Section 33-36-20, the Georgia Insurers Insolvency Pool shall not be liable for any claims incurred by any captive insurance company before January 1, 2008.
33-41-21. The provisions of Chapter 37 of this title shall apply to and govern the rehabilitation, reorganization, conservation, and liquidation of captive insurance companies.
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:
2688
JOURNAL OF THE HOUSE
(1) A tax at the rate of 0.4 percent on the first $20 million and 0.3 percent on each dollar thereafter on its direct premiums collected, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums which must include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders; (2) A tax at the rate of 0.225 percent on the first $20 million of assumed reinsurance premium, and 0.150 percent on the next $20 million and 0.050 percent on the next $20 million, and 0.025 percent of each dollar thereafter. However, no reinsurance tax applies to premiums for risks or portions of risks that are subject to taxation on a direct basis pursuant to paragraph (1) of this Code section. No reinsurance premium tax shall be payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control, provided that the Commissioner verifies that such transaction is part of a plan to discontinue the operations of such other insurer, and if the intent of the parties to such transaction is to renew or maintain such business with the captive insurance company; (3) If the aggregate taxes to be paid by a captive insurance company calculated under paragraphs (1) and (2) of this Code section amount to more than $100,000.00 in any year, the captive insurance company shall pay a maximum tax of $100,000.00 for that year; (4) Two or more captive insurance companies under common ownership and control shall be taxed as though they were a single captive insurance company; and (5) The tax provided for in paragraphs (1) and (2) of this Code section shall be calculated on an annual basis, notwithstanding policies or contracts of insurance or contracts of reinsurance issued on a multiyear basis. In the case of multiyear policies or contracts, the premium shall be prorated for purposes of determining the tax due.
33-41-23. The Commissioner may establish such rules and regulations and issue such interpretive rulings as may be necessary to carry out the provisions of this chapter.
33-41-24. Any provisions of this title which are inconsistent with the provisions of this chapter shall not apply to captive insurance companies; provided, however, that pure and agency captive insurance companies shall not be subject to the requirements of Chapter 13 of this title."
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.
FRIDAY, MARCH 11, 2016
2689
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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Fludd E Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley
Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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 E Weldon E 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.
Representative England of the 116th moved that the following Bill of the House be immediately transmitted to the Senate:
HB 751. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th and England of the 116th:
2690
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2016, and ending June 30, 2017; 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.
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 751. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; 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.
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 277. By Senators Albers of the 56th, Bethel of the 54th, Ligon, Jr. of the 3rd, Shafer of the 48th, Millar of the 40th and others:
FRIDAY, MARCH 11, 2016
2691
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 neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose; 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.
The following amendment was read:
Representatives Abrams of the 89th, McClain of the 100th, and Hugley of the 136th offer the following amendment:
Amend SB 277 (LC 36 2943S) by deleting lines 1 through 6 and inserting in lieu thereof the following: To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change certain provisions relating to employees; to provide that neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose; to provide for applicability; to provide for a short title; 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 certain factors demonstrate 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 effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
By inserting between lines 7 and 8 the following: PART I
By replacing "Act" on line 9 with "part".
By redesignating Section 1 and Section 2 as Section 1-1 and Section 1-2, respectively.
By deleting lines 11 and 12 and inserting in lieu thereof the following: Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding a new Code section
By deleting lines 22 through 24 and inserting in lieu thereof the following:
2692
JOURNAL OF THE HOUSE
PART II SECTION 2-1.
Said title is further amended by revising subsection (f) of Code Section 34-8-35, relating to the definition of employment applicable to the "Employment Security Law," as follows:
"(f) Services performed by an individual for wages shall be deemed to be employment subject to this chapter unless and until it is shown that:
(1)(A) Such individual has been and will continue to be free from control or direction over the performance of such services, both under the individual's contract of service and in fact, based upon the totality of the circumstances and taking into consideration whether the individual:
(i) Is not prohibited from working for other companies or holding other employment contemporaneously; (ii) Is free to accept or reject work assignments without consequence; (iii) Is not prescribed minimum hours to work or, in the case of sales, does not have a minimum number of orders to be obtained; (iv) Has the discretion to set his or her own work schedule; (v) Receives only minimal instructions and no direct oversight or supervision regarding the services to be performed, such as the location where the services are to be performed and any requested deadlines; (vi) When applicable, has no territorial or geographic restrictions; and (vii) Is not required to perform, behave, or act or, alternatively, is compelled to perform, behave, or act in a manner related to the performance of services for wages which is determined by the Commissioner to demonstrate employment, in accordance with this Code section and such rules and regulations as the Commissioner may prescribe; and (B) Such individual is customarily engaged in an independently established trade, occupation, profession, or business; or (2) Such individual and the services performed for wages are the subject of an SS-8 determination by the Internal Revenue Service, which decided against employee status."
SECTION 2-2. Said title is further amended by adding a new Code section to read as follows:
"34-8-257. The department shall create a web based reporting system through which instances of improperly reported employment may be submitted to the department. The department shall investigate each credible report."
PART III SECTION 3-1.
FRIDAY, MARCH 11, 2016
2693
(a) Except as provided in subsection (b) of this Section, this Act shall become effective on July 1, 2016. (b) Part I of this Act shall become effective on January 1, 2017.
SECTION 3-2.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison N Atwood N Ballinger N Barr N Battles E Beasley-Teague N Belton Y Bennett, K Y Bennett, T
Bentley N Benton N Beskin Y Beverly N Blackmon N Broadrick N Brockway Y Bruce E Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M E Cannon N Cantrell N Carson N Carter, A Y Carter, D N Casas N Chandler N Cheokas N Clark, D N Clark, H N Clark, V N Coleman
N Cooke N Coomer N Cooper N Corbett Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson N Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan
Ealum N Efstration N Ehrhart N England N Epps Y Evans N Fleming E Floyd Y Fludd E Frazier Y Frye Y Gardner N Gasaway N Gilligan Y Glanton N Golick Y Gordon N Gravley N Greene
N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hitchens Y Holcomb
Holmes N Houston Y Howard Y Hugley E Jackson N Jasperse N Jones, J N 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 Lott N Lumsden Y Mabra Y Marin N Martin N Maxwell E Mayo N McCall Y McClain N Meadows
Y Metze Y Mitchell N Morris Y Mosby N Nimmer N Nix Y Oliver N Pak N Parrish N Parsons N Peake N Petrea N Pezold N Pirkle N Powell, A N Powell, J N Price Y Prince N Pruett N Quick N Raffensperger N Rakestraw E Ramsey Y Randall N Reeves N Rhodes N Rice N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sims
Y Smith, E N Smith, L E Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M
Stephens, R Y 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. Y Thomas, E Y Trammell N Turner Y Waites N Watson N Welch E Weldon E Werkheiser Y Wilkerson E Wilkinson N Willard Y Williams, A N Williams, C Y Williams, E N Williamson N Yates
Ralston, Speaker
On the adoption of the amendment, the ayes were 52, nays 111.
The amendment was lost.
2694
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton N Bennett, K N Bennett, T
Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Cooke 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 N Dukes Y Dunahoo Y Duncan
Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming E Floyd Y Fludd E Frazier N Frye N Gardner Y Gasaway Y Gilligan N Glanton Y Golick N Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb
Holmes Y Houston N Howard
Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell E Mayo Y McCall N McClain Y Meadows
N Metze N Mitchell Y Morris
Mosby Y Nimmer Y Nix N Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey N Randall Y Reeves Y Rhodes Y Rice 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 Y Smyre Y Spencer N Stephens, M
Stephens, R N 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 N Waites Y Watson Y Welch E Weldon E 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, the ayes were 113, nays 45.
The Bill, having received the requisite constitutional majority, was passed.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Jordan of the 77th.
FRIDAY, MARCH 11, 2016
2695
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 308. 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 Title 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Positive Alternatives for Pregnancy and Parenting Grant Program; to provide for a purpose; to provide for definitions; to provide for administration and duties; to provide for grant services; to provide criteria; to provide for record maintenance and reporting; to provide for reports to the General Assembly; to provide for funding; to provide for redesignation of certain Code provisions and conforming changes; to expand authorized expenditure of contributed funds; 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 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Positive Alternatives for Pregnancy and Parenting Grant Program; to provide for a purpose; to provide for definitions; to provide for administration and duties; to provide for grant services; to provide criteria; to provide for record maintenance and reporting; to provide for reports to the General Assembly; to provide for funding; to provide for redesignation of certain Code provisions and conforming changes; to expand authorized expenditure of contributed funds; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by designating the existing provisions of Chapter 2A, relating to the Department of Public Health, as Article 1.
SECTION 2. Said title is further amended in Chapter 2A, relating to the Department of Public Health, by adding a new article to read as follows:
2696
JOURNAL OF THE HOUSE
"ARTICLE 2
31-2A-30. This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution.
31-2A-31. As used in this article, the term:
(1) 'Attending physician' means the physician who has primary responsibility at the time of reference for the treatment and care of the client. (2) 'Client' means a person seeking or receiving pregnancy support services. (3) 'Contract management agency' or 'agency' means a nongovernmental charitable organization in this state which is a 501(c)(3) tax-exempt organization under the Internal Revenue Code of 1986 and whose mission and practice is to provide alternatives to abortion services to medically indigent women at no cost. (4) 'Direct client service providers' or 'providers' means nonprofit organizations with a contractual relationship with the contract management agency and that provide direct pregnancy support services to clients at no cost. (5) 'Medically indigent' means a person who is without health insurance or who has health insurance that does not cover pregnancy or related conditions for which treatment and services are sought and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget. (6) 'Pregnancy support services' means those services that encourage childbirth instead of voluntary termination of pregnancy and which assist pregnant women or women who believe they may be pregnant to choose childbirth whether they intend to parent or select adoption for the child. (7) 'Program' means the Positive Alternatives for Pregnancy and Parenting Grant Program. (8) 'Trust fund' means the Indigent Care Trust Fund created by Code Section 31-8152.
31-2A-32. There is established within the department the Positive Alternatives for Pregnancy and Parenting Grant Program. The purpose of the grant program shall be to promote healthy pregnancies and childbirth by awarding grants to nonprofit organizations that provide pregnancy support services.
31-2A-33. (a) The department shall oversee the program and is authorized to contract with a contract management agency to administer the program. (b) The contract management agency selected by the department shall:
(1) Create a grant application process;
FRIDAY, MARCH 11, 2016
2697
(2) Evaluate grant applications and make recommendations to the department; (3) Communicate acceptance or denial of grant applications to direct client service providers; (4) Monitor compliance with the terms and conditions of the grant; (5) Maintain records for each grant applicant and award; and (6) Coordinate activities and correspondence between the department and direct client service providers.
31-2A-34. The services which shall be funded by this program include:
(1) Medical care and information, including but not limited to pregnancy tests, sexually transmitted infection tests, other health screening, ultrasound service, prenatal care, and birth classes and planning; (2) Nutritional services and education; (3) Housing, education, and employment assistance during pregnancy and up to one year following a birth; (4) Adoption education, planning, and services; (5) Child care assistance if necessary for the client to receive pregnancy support services; (6) Parenting education and support services for up to one year following a birth; (7) Material items which are supportive of pregnancy and childbirth including, but not limited to, cribs, car seats, clothing, formula, or other safety devices; and (8) Information regarding health care benefits, including but not limited to, available Medicaid coverage for the client for pregnancy care that provides health coverage for the client's child upon his or her birth.
31-2A-35. (a) Grants shall be awarded annually on a competitive basis to direct client service providers who display competent experience in providing the services included in Code Section 31-2A-34 pursuant to guidelines and criteria established pursuant to this article. (b) The department shall, with input from the agency, determine the maximum grant amount to be awarded to each direct client service provider, and such grant amount shall not exceed 85 percent of the annual revenue for the prior year of any provider. (c) The grant agreement entered into between the agency and a direct client service provider shall stipulate that the grant shall be used to provide pregnancy support services pursuant to Code Section 31-2A-34. The agreement shall further stipulate that a direct client service provider shall not perform, promote, or act as a referral for an abortion, except as otherwise provided in paragraph (9) of subsection (a) of Code Section 31-2A-36, and that grant funds shall not be used to promote or be otherwise expended for political or religious purposes, including, but not limited to, counseling or written material.
2698
JOURNAL OF THE HOUSE
31-2A-36. (a) In order to be considered for a grant under this article, each direct client service provider shall:
(1) Be a nonprofit organization incorporated in this state with a tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986; (2) Have a primary mission of promoting healthy pregnancy and childbirth; (3) Have a system of financial accountability consistent with generally accepted accounting principles, including an annual budget; (4) Have a board that hires and supervises a director who manages the organization's operations; (5) Have provided pregnancy support services for a minimum of one year; (6) Offer, at a minimum, pregnancy tests and counseling for women who are or may be experiencing unplanned pregnancies; (7) Provide confidential and free pregnancy support services; (8) Provide each pregnant client with accurate information on the developmental characteristics of babies and of unborn children, including offering the printed materials described in Code Section 31-9A-4 on fetal development and assistance available following a birth; (9) Ensure that grant money is not used to encourage or affirmatively counsel a client to have an abortion unless the client's attending physician diagnoses a condition which makes such abortion necessary to prevent her death; to provide her an abortion; or to directly refer her to an abortion provider for an abortion; and (10) Maintain confidentiality of all data, files, and records of clients related to the services provided and in compliance with state and federal laws. (b) The department shall publish the direct client service provider criteria on its website.
31-2A-37. Each direct client service provider shall maintain accurate records and report data to the agency annually on forms and in the manner required by the department. Reports shall include the number of clients who:
(1) Utilized pregnancy support services; (2) Are pregnant; (3) Chose childbirth after receiving pregnancy support services; (4) Chose adoption after receiving pregnancy support services; and (5) Chose abortion after receiving pregnancy support services. Each provider may be required to provide other information and data at the discretion of the department.
31-2A-38. Confidentiality of all data, files, and records of clients related to the services provided under this article shall be maintained by the department, contract management agency, and direct client service providers pursuant to federal and state laws related to privacy
FRIDAY, MARCH 11, 2016
2699
of medical records, including requirements under the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.
31-2A-39. The agency shall conduct an annual audit of each direct client service provider by an independent certified public accountant within 120 days of the completion of its fiscal year verifying that it has complied with all requirements of this article and any other requirements of the department.
31-2A-40. (a) The department shall annually report to the General Assembly on its use of trust funds appropriated to the department pursuant to this article. (b) The department shall also provide an annual report no later than September 30 of each year beginning September 30, 2017, which shall provide the following information for the immediately preceding fiscal year:
(1) The amount of any contributions or other funding received; (2) The total amount of expenses; and (3) The amount of trust funds disbursed through the agency to direct client service providers. (c) The reports required by this Code section shall be made available to the public free of charge by electronic means and in such other manner as the department deems appropriate.
31-2A-41. The department is authorized to accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out the functions and purposes of this article."
SECTION 3. Said title is further amended by revising Code Section 31-8-154, relating to authorized expenditure of contributed funds, as follows:
"31-8-154. All moneys contributed and revenues deposited and transferred to the trust fund pursuant to this article and any interest earned on such moneys shall be appropriated to the department for only the following purposes:
(1) To expand Medicaid eligibility and services; (2) For programs to support rural and other health care providers, primarily hospitals, who serve the medically indigent; (3) For primary health care programs for medically indigent citizens and children of this state; or (4) For the Positive Alternatives for Pregnancy and Parenting Grant Program established under Article 2 of Chapter 2A of this title; or
2700
JOURNAL OF THE HOUSE
(4)(5) Any combination of purposes specified in paragraphs (1) through (3) (4) of this Code section."
SECTION 4.
Said title is further amended in Code Section 31-8-156, relating to appropriation of state funds by General Assembly, by revising subsection (b) as follows:
"(b) An appropriation pursuant to subsection (a) of this Code section shall specify each purpose, if any, as specified in paragraphs (1) through (4) (5) of Code Section 31-8-154, for which the trust funds are appropriated thereby."
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:
N Abrams N Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton E Beskin N Beverly Y Blackmon
Broadrick Y Brockway
Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler
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 N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming E Floyd N Fludd E Frazier N Frye N Gardner Y Gasaway Y Gilligan
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb
Holmes Y Houston E Howard N Hugley E Jackson Y 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 Y LaRiccia Y Lott Y Lumsden
Mabra N Marin Y Martin
N Metze N Mitchell Y Morris
Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett N Quick Y Raffensperger Y Rakestraw E Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
N Smith, E Y Smith, L E Smith, M Y Smith, R N Smyre N Spencer N Stephens, M
Stephens, R N 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.
Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch E Weldon E Werkheiser N Wilkerson E Wilkinson E Willard N Williams, A
FRIDAY, MARCH 11, 2016
2701
Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
N Glanton Y Golick N Gordon Y Gravley Y Greene
Y Maxwell E Mayo Y McCall N McClain Y Meadows
N Scott Y Setzler N Sharper Y Shaw Y Sims
N Williams, C Williams, E
Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 103, nays 52.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolutions of the House were read and adopted:
HR 1697. By Representatives Smith of the 70th, Trammell of the 132nd, Ramsey of the 72nd and Stover of the 71st:
A RESOLUTION honoring the life and memory of Donald W. Nixon; and for other purposes.
HR 1698. By Representatives Carter of the 92nd, Bennett of the 94th, Kendrick of the 93rd, Dawkins-Haigler of the 91st and Williams of the 87th:
A RESOLUTION recognizing Miller Grove High School's Men's Basketball Team on their repeated championships; and for other purposes.
HR 1699. By Representatives Dawkins-Haigler of the 91st, Carter of the 92nd, Kendrick of the 93rd, Mitchell of the 88th, Glanton of the 75th and others:
A RESOLUTION recognizing and commending Sebrena Sumrah-Kelly; and for other purposes.
HR 1700. By Representatives Howard of the 124th, Sims of the 123rd, Prince of the 127th and Smith of the 125th:
A RESOLUTION recognizing Alice Jones Harrison on the grand occasion of her 90th birthday; and for other purposes.
HR 1701. By Representatives Howard of the 124th, Prince of the 127th, Sims of the 123rd and Smith of the 125th:
A RESOLUTION recognizing Robetta D. McKenzie upon the grand occasion of her retirement; and for other purposes.
2702
JOURNAL OF THE HOUSE
HR 1702. By Representatives Howard of the 124th, Prince of the 127th, Sims of the 123rd and Smith of the 125th:
A RESOLUTION honoring the Central Savannah River Area Business League, Inc., on the occasion of its 46th anniversary; and for other purposes.
HR 1703. By Representatives Trammell of the 132nd, Smith of the 70th, Ramsey of the 72nd and Stover of the 71st:
A RESOLUTION recognizing and congratulating Dr. Joel E. Richardson on the occasion of his retirement; and for other purposes.
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 14, 2016, 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 14, 2016.
MONDAY, MARCH 14, 2016
2703
Representative Hall, Atlanta, Georgia
Monday, March 14, 2016
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 E Allison Atwood Ballinger Barr Battles E Beasley-Teague E Belton E Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell Carter, A Carter, D 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 Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick Gordon Gravley
Greene Harden Harrell Hatchett Hawkins E Henson E Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L E Jones, S E Jordan Kaiser Kelley Kendrick Kidd Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall
McClain Meadows Metze Mitchell Morris Mosby Nimmer Nix Oliver Pak Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rogers, C Rogers, T Rutledge Rynders Scott Setzler
Sharper Shaw Sims Smith, E Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R Stovall E Stover Strickland Tankersley Tanner Tarvin Taylor, D E Taylor, T Teasley E Thomas, E Trammell Turner Waites Watson Welch Werkheiser E Wilkerson 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, Kirby of the 114th, Rice of the 95th, Thomas of the 56th, and Wilkinson of the 52nd.
2704
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Reverend James Lightsey, Pastor, Offerman Baptist Church, Offerman, 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 1141. By Representatives Dunahoo of the 30th, Hawkins of the 27th, Tarvin of the 2nd, Clark of the 98th, Jasperse of the 11th and others:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal income taxes in their entirety; to completely revise sales and use taxes; to provide for conditions and limitations; to provide for legislative findings; to provide definitions; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.
MONDAY, MARCH 14, 2016
2705
Referred to the Committee on Ways & Means.
HB 1142. By Representatives Shaw of the 176th, Smyre of the 135th, Peake of the 141st, Beskin of the 54th and Beverly of the 143rd:
A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to authorize retailers of malt beverages and wines to conduct tasting events at which samples of malt beverages and wines may be served; to provide for definitions; to provide for terms and conditions of tasting events; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 1143. By Representatives Ballinger of the 23rd, Turner of the 21st, Carson of the 46th, Caldwell of the 20th and Cantrell of the 22nd:
A BILL to be entitled an Act to provide for the employment of marshals by Cherokee County; to provide for qualifications; to provide for powers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1144. By Representative Mosby of the 83rd:
A BILL to be entitled an Act to provide for the levy of a retail sales and use tax by DeKalb County for the purpose of providing public transportation of passengers for hire through the Metropolitan Atlanta Rapid Transit Authority; to provide for definitions; to provide for procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such purposes; to provide for a referendum; to provide for a limitation on the collection of a tax for transportation purposes in certain instances; 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 1145. By Representatives Nix of the 69th, Trammell of the 132nd and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended,
2706
JOURNAL OF THE HOUSE
so as to change the salaries of the judge of the state court and the solicitorgeneral of the state court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1146. By Representatives Kendrick of the 93rd, Mayo of the 84th, Williams of the 87th, Carter of the 92nd, Oliver of the 82nd 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 the regulation of land use; to provide for the completion of an audit by an outside auditor; to provide for purchases without sealed bid through an existing contract or schedule with a county, municipality, the State of Georgia or the federal government; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1147. By Representatives Dickey of the 140th and Clark of the 147th:
A BILL to be entitled an Act to amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), as amended, particularly by an Act approved May 11, 2009 (Ga. l. 2009, p. 4149), so as to revise the provisions regarding staff of the authority; to provide for the manner of appointment of a director; to provide for the duties of the director; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1683. By Representatives Shaw of the 176th, LaRiccia of the 169th and Houston of the 170th:
A RESOLUTION honoring the life of Mr. Robert Keith Futch and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
MONDAY, MARCH 14, 2016
2707
HR 1684. By Representatives Kidd of the 145th, Stephens of the 164th, Powell of the 32nd and Maxwell of the 17th:
A RESOLUTION creating the House Study Committee on Casino Gaming; and for other purposes.
Referred to the Committee on Special Rules.
HR 1685. By Representatives Shaw of the 176th, Corbett of the 174th and Spencer of the 180th:
A RESOLUTION honoring the life of Dr. Robert T. Bussey and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1696. By Representative Weldon of the 3rd:
A RESOLUTION honoring the life of U.S. Navy Petty Officer 2nd Class Randall Smith and dedicating an intersection in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1704. By Representatives Ealum of the 153rd and Greene of the 151st:
A RESOLUTION creating the House Study Committee on Restoration of Civil Rights; and for other purposes.
Referred to the Committee on Special Rules.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 1137 HB 1139 HR 1654 HR 1680
HB 1138 HB 1140 HR 1655 HR 1682
Representative Tankersley of the 160th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:
Mr. Speaker:
2708
JOURNAL OF THE HOUSE
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 1129 HB 1133 HB 1135 SB 105
Do Pass Do Pass Do Pass Do Pass
HB 1130 Do Pass HB 1134 Do Pass HB 1136 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 14, 2016
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:
DEBATE CALENDAR
Modified Open Rule
SB 274 SB 302 SR 876 SR 955
Budget in Certain Counties; repeal Act approved March 2, 1953 (SP&CAWillard-51st) Albers-56th Insurance; require health carriers to maintain accurate provider directories (Substitute)(Ins-Taylor-173rd) Martin-9th Joint High-Speed Broadband Communications; create (SRules-Tanner-9th) Gooch-51st Property Conveyance; authorizing 8 counties (Substitute)(SProp-Dunahoo30th) Jeffares-17th
Modified Structured Rule
SB 262 SB 278
Courts; when a judge, judicial officer, grand juror; may be disqualified by being related by consanguinity/affinity to a party; provisions (Substitute)(Judy-Welch-110th) Stone-23rd Criminal Offenses; increase the penalty provisions; pimping and pandering (JudyNC-Efstration-104th) Unterman-45th
MONDAY, MARCH 14, 2016
2709
SB 316 SB 350
Bingo; remove the daily permissible prize limitation while preserving the weekly permissible prize limitation (Substitute)(RegI-Powell-32nd) Gooch51st Taxation on Consumer Fireworks; dedicate moneys collected; trauma care, fire services, and local public safety purposes (Substitute)(W&M-Battles15th) Mullis-53rd
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bill of the Senate, having been previously postponed, was again postponed until the next legislative day:
SB 343. By Senator Parent of the 42nd:
A BILL to be entitled an Act to provide a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district 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 House and Senate were taken up for consideration and read the third time:
HB 1129. By Representatives Gardner of the 57th, Mosby of the 83rd, Kaiser of the 59th, Cannon of the 58th, Bennett of the 80th and others:
A BILL to be entitled an Act to amend an Act to create the McPherson Implementing Local Redevelopment Authority, approved May 14, 2008 (Ga. L. 2008, p. 4328), so as to continue such authority; to provide for extended contract and lease periods with respect to projects; to provide for public contracts with private enterprises for the completion of projects; to revise provisions relating to absences from board meetings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
2710
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1130. By Representatives Harden of the 148th, Blackmon of the 146th, Dickey of the 140th, Clark of the 147th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act to create and establish the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, so as to change the office of the clerk of the state court to an appointed position; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1133. By Representative Greene of the 151st:
A BILL to be entitled an Act to provide a new charter for the City of Lumpkin; to provide for pending matters; to provide for construction and 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.
HB 1134. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Evans of the 42nd, Smith of the 41st, 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 Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4167), so as to provide for annexation of certain property; to provide for deannexation of certain property; to provide for related matters; to repeal a certain act; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1135. By Representatives Reeves of the 34th, Setzler of the 35th, Ehrhart of the 36th, Parsons of the 44th, Wilkerson of the 38th 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
MONDAY, MARCH 14, 2016
2711
amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4106) and by an Act approved May 6, 2015 (Ga. L. 2015, p. 3737), so as to change provisions relating to the corporate limits of the 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.
HB 1136. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4188), an Ordinance adopted by the Rome City Commission June 15, 1987 (Ga. L. 1988, p. 5404), an Ordinance adopted by the Rome City Commission August 4, 1997 (Ga. L. 1998, p. 4849), and an Ordinance adopted by the Rome City Commission September 3, 2002 (Ga. L. 2004, p. 4756), so as to change qualifications for members of the governing authority to include residency in the ward in which they seek 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.
SB 105. By Senator Jackson of the 2nd:
A BILL to be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by Acts approved March 20, 1985 (Ga. L 1985, p. 4028), March 24, 1994 (Ga. L 1994, p. 3772), and March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide for two full-time magistrates for Chatham County; to provide for the appointment of a third full-time magistrate by the Board of Commissioners; to provide for the election and appointment of successor magistrates; to provide for the appointment of pro tempore and part-time magistrates; 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.
2712
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 947. By Representative Corbett of the 174th:
A BILL to be entitled an Act to authorize the assessment and collection of a technology fee by the Probate Court of Echols County; to identify the authorized uses of said technology fee; to provide for the maintenance of said technology fee funds; to authorize collaboration of the clerk of the Probate Court of Echols County with the finance director of Echols County; to provide for reports of income and expenditures; to provide for fund history reviews; to provide for lowering of the amount of said technology fee; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 947 (LC 44 0048) by replacing lines 32 through 34 with the following:
County shall review the history of the fund established by this section.
By inserting between lines 39 and 40 the following: (g) The authority to assess a technology fee pursuant to this section shall terminate on July 1, 2020, and any residual funds remaining in the fund established by this section shall remain dedicated to general Echols County technology uses.
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 amendment, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison
Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
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 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 Jasperse Y Jones, J Y Jones, J.B.
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle 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 E Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D
MONDAY, MARCH 14, 2016
2713
Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier
Frye Y Gardner Y Gasaway Y Gilligan Y Glanton
Golick Y Gordon Y Gravley Y Greene
Y Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
E Taylor, T Y Teasley
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 passage of the Bills, and on the agreement to the Senate amendment, the ayes were 160, nays 0.
The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate amendment.
House of Representatives Coverdell Legislative Office Building, Room 511 B
Atlanta, Georgia 30334
Would like to be recorded as voting yes for the local calendar. 3/14/16.
/s/ Rep. Able Mable Thomas
Representative Setzler of the 35th asked unanimous consent that all Bills on the Local Calendar be immediately transmitted to the Senate.
It was so ordered.
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:
2714
JOURNAL OF THE HOUSE
SB 423. By Senators Jeffares of the 17th and VanNess of the 43rd:
A BILL to be entitled an Act to reestablish the Board of Commissioners of Newton County; to supersede the laws pertaining to the governing authority of Newton County; to provide for a board of commissioners, commissioner districts, a chair of the board, a county manager, a clerk to the board, and ethics provisions; to provide for meetings, agendas, and the conduct of meetings; to provide for budgeting, audits, financial condition, and approval of expenditures; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
HB 767. By Representatives Powell of the 32nd, Hitchens of the 161st, Petrea of the 166th, Waites of the 60th, Taylor of the 173rd 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 add utility service vehicles to the "Spencer Pass Law"; to provide a procedure for passing stationary utility service vehicles; to provide for definitions; 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 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
MONDAY, MARCH 14, 2016
2715
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.
HB 683. By Representatives Dickerson of the 113th, Stephenson of the 90th and Carter of the 92nd:
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 859. By Representatives Jasperse of the 11th, Ballinger of the 23rd, Meadows of the 5th, Powell of the 32nd, Hightower of the 68th and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying and possession of certain weapons by weapons carry license holders in or on certain buildings or real property owned by or leased to public institutions of postsecondary education; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 886. By Representatives Cooper of the 43rd, Martin of the 49th, Smith of the 134th and Rogers of the 29th:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant pharmacy licenses, so as to revise a provision relating to employing the mails or common carriers to sell, distribute, and deliver prescription drugs; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 945. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act creating the Schley County Utilities Authority, approved May 12, 2015 (Ga. L. 2015, p. 4204), so as to
2716
JOURNAL OF THE HOUSE
modify provisions related to appointment of authority members; to repeal conflicting laws; and for other purposes.
HB 1047. By Representatives Smith of the 70th, Trammell of the 132nd, Ramsey of the 72nd and Stover of the 71st:
A BILL to be entitled an Act to amend an Act continuing the State Court of Coweta County, approved May 17, 2004 (Ga. L. 2004, p. 4260), so as to revise the terms of court of the State Court of Coweta County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1048. By Representatives Blackmon of the 146th, Harden of the 148th, Clark of the 147th, Dickey of the 140th and Epps of the 144th:
A BILL to be entitled an Act to repeal an Act creating the Houston County Commission on Children and Youth, approved April 14, 1997 (Ga. L.1997, p. 4177); to provide for the assets and liabilities thereof; to repeal conflicting laws; and for other purposes.
HB 1056. By Representative Jasperse of the 11th:
A BILL to be entitled an Act to amend an Act creating the Pickens County Airport Authority, approved April 19, 2006 (Ga. L. 2006, p. 3645), so as to reduce the number of members; to revise the appointment and qualifications of members; to revise the election of chairperson; to revise terms by which a vacancy on the authority shall exist; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1081. By Representative Williamson of the 115th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Jersey, approved March 22, 1990 (Ga. L. 1990, p. 4484), so as to change the terms of the members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1082. By Representative Greene of the 151st:
A BILL to be entitled an Act to provide a new charter for the City of Blakely; 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.
MONDAY, MARCH 14, 2016
2717
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 362. By Senators Jones of the 10th and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for an exception; 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 423. By Senators Jeffares of the 17th and VanNess of the 43rd:
A BILL to be entitled an Act to reestablish the Board of Commissioners of Newton County; to supersede the laws pertaining to the governing authority of Newton County; to provide for a board of commissioners, commissioner districts, a chair of the board, a county manager, a clerk to the board, and ethics provisions; to provide for meetings, agendas, and the conduct of meetings; to provide for budgeting, audits, financial condition, and approval of expenditures; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Meadows of the 5th et al., Fludd of the 64th, Williams of the 87th, Knight of the 130th, Stovall of the 74th, and Rogers of the 29th.
Pursuant to HR 1646, the House recognized and honored the members of the St. Patrick's Day Parade Committee, Chairman Jerry Hogan, Jr. and the Grand Marshal of the 2016 St. Patrick's Day Parade, Michael A. Foran on the upcoming occasion of the 2016 St. Patrick's Day Parade in Savannah, Georgia.
Pursuant to HR 1594, the House congratulated Bailey Tardy on being named to the U.S. Curtis Cup team.
Pursuant to HR 1583, the House recognized Oglethorpe University and commended its student leaders.
2718
JOURNAL OF THE HOUSE
Pursuant to HR 1667, the House recognized and commended Mr. Ron Clark.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Ballinger of the 23rd et al.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SR 876. By Senators Gooch of the 51st, Wilkinson of the 50th, Ginn of the 47th, Mullis of the 53rd, Harper of the 7th and others:
A RESOLUTION creating the Joint High-Speed Broadband Communications Access for all Georgians 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
Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague E Belton Y Bennett, K
Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon
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
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 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 Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves
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
MONDAY, MARCH 14, 2016
2719
Y Cantrell Carson
Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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 166, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SR 955. By Senators Jeffares of the 17th, VanNess of the 43rd, Jones of the 25th, Kennedy of the 18th and Hill of the 6th:
A RESOLUTION authorizing the conveyance and lease of various state owned real properties; 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 and lease of various state owned real properties; authorizing the ground lease of certain state owned real property located in Bacon County; authorizing the ground lease of certain state owned real property located in Barrow County; authorizing the exchange by conveyance of certain state owned real property located in Camden County; authorizing the conveyance of certain state owned real property located in Evans County; authorizing the exchange of certain leased property located in Fulton County; authorizing the conveyance of certain state owned real property located in Greene County; authorizing the conveyance of certain state owned real property located in Gwinnett County; authorizing the exchange by conveyance of certain state owned real property located in Gwinnett County; authorizing the ground lease of certain state owned real property located in McIntosh County; authorizing the conveyance of certain state owned real property located in Paulding County; authorizing the conveyance of certain state owned real property located in Spalding County; authorizing the ground lease of certain state owned real property located in White County; to provide an effective date; to repeal conflicting laws; and for other purposes.
2720
JOURNAL OF THE HOUSE
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Bacon County, Georgia; and (2) Said real property is all that parcel or tract being approximately 0.26 of an acre lying and being at 426 and 428 West 12th Street, in part of City Block 81 in Alma, Bacon County, Georgia acquired by virtue of a General Warranty Deed between the Downtown Development Authority of Alma, Georgia, as Grantor, and the State of Georgia, as grantee, dated December 19, 2001 for consideration of One Hundred and Eighty Two Thousand Dollars and No/100 ($182,000.00), as recorded in Deed Book 311, Pages 265-267, and on a plat recorded in Plat Book A, Page 10-G in the Office of the Clerk of Superior Court of Bacon County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 09566, 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 improved property is in the custody of the Technical College System of Georgia and was acquired for Okefenokee Technical College in Alma, Bacon County; and (4) Bacon County is desirous of leasing the property for three years at $1.00 per year with one option to renew for an additional three years for $1.00 per year; and (5) The Technical College System of Georgia has no objection to the leasing of the above-described improved property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Barrow County; and (2) Said real property is all of those parcels or tracts of consisting of approximately 1,801 acres described as Fort Yargo State Park located in Barrow County, Georgia; and (3) An approximately 65 acre portion of Fort Yargo State Park is the subject of a 1970 ground lease, as amended, with Barrow County for the operation of, at the County's expense, recreational facilities for a term of 50 years, 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 (4) Barrow County is desirous of terminating the 1970 ground lease and entering into a new 25 year ground lease for approximately 102 acres of Fort Yargo State Park for the County's operation and maintenance of recreation facilities on the above-described property, and the above-described 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 (5) Consideration for the ground lease would be the payment of $10.00 per year and the retention of any proceeds of any timber sale on the above-described property by the Department of Natural Resources; and
MONDAY, MARCH 14, 2016
2721
(6) The Department of Natural Resources has no objection to and supports 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 Camden County, Georgia; and (2) Said real property is all of that parcel or tract being approximately 27.72 acres lying and being in the 31st Georgia Militia District, Camden County, Georgia, said real property acquired by virtue of a General Warranty Deed (of Gift) from the Camden County Joint Development Authority dated February 22, 2013 for consideration of one dollar ($1.00), as recorded in Deed Book 1655, Pages 674-677 and Plat Drawer 26, Map 3 in the Office of the Clerk of Superior Court of Camden County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 11211, 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 real property is under the custody of the Technical College System of Georgia as a future campus of Coastal Pines Technical College (formerly Altamaha Technical College); and (4) The Technical College System of Georgia declared the approximately 27.72 acres of property surplus to the needs of the State and requested authorization to convey the property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Evans County, Georgia; and (2) Said real property is all that parcel or tract being approximately 6.88 acres lying and being in the 1736th Georgia Militia District, acquired by virtue of a General Warranty Deed from the Evans County Industrial Development Authority (now known as the Economic Development Authority of Claxton-Evans County), as Grantor, and the State of Georgia, as Grantee, dated May 20, 2003 for consideration of one dollar ($1.00), as recorded in Deed Book 222, Pages 544-546 and Plat Drawer 6, Page 347, in the Office of the Clerk of Superior Court of Evans County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) #09853, 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 real property is under the custody of the Technical College System of Georgia; and (4) On December 8, 2015 the Economic Development Authority of Claxton-Evans County passed a resolution to seek acquisition of the property from the State; and (5) The Technical College System of Georgia declared the above-described real property surplus to the needs of the State and requested authorization to convey the
2722
JOURNAL OF THE HOUSE
property to the Economic Development Authority of Claxton-Evans County for future industrial development; and
WHEREAS: (1) The State of Georgia is the owner of certain leasehold interest in improved real property located in Fulton County, Georgia; and (2) Said leasehold interest is comprised of three tracts of improved real property located at Fulton County Airport-Brown Field (aka "Charlie Brown Airport") with an address of 4005 Fulton Industrial Boulevard totaling approximately 10.86103 acres and being described as Tract 1 consisting of approximately 8.59655 acres known as "Lots 5 and 6" lying and being in Land Lots 16 and 17 of the 14th-FF District, Tract 2 consisting of approximately 0.75327 of an acre lying and being in Land Lot 16 of the 14th-FF Land District and Tract 3 consisting of approximately 1.51121 acres lying and being in Land Lot 16 of the 14th-FF District, said Tracts 1, 2 and 3 are described on that survey for Bellsouth Telecommunications, Inc. dated November 22, 1993, revised December 21, 1993, prepared by Watts & Browning Engineers, Inc., (G.M. Gillespie, Georgia Registered Land Surveyor 2121), and said improved real 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 leasehold interest in the improved real property was acquired by an agreement dated November 30, 2007 between the Department of Transportation and Bellsouth Corporate Aviation and Travel Services, LLC; and (4) By virtue of an assignment dated July 1, 2012, the leasehold interest in said real property is under the custody of the Georgia Department of Public Safety; and (5) The Department of Public Safety has declared said leasehold interest in said real property surplus to the needs of the State and desires to exchange said leasehold interest for another leasehold interest at Charlie Brown Airport; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Greene County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 1.13 acres lying and being in 141st G.M.D., Greene County, Georgia acquired by virtue of Warranty Deed between Mr. S.C. Martin and Louise E. Martin, as Grantor, and the State of Georgia as grantee, dated May 7, 1965 for consideration of One Dollar and No/100 ($1.00) as recorded in Deed Book 50, Page 322 and an accompanying survey as recorded in Plat Book 4, Page 103 in the Office of the Clerk of Superior Court of Greene County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 03269, 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
MONDAY, MARCH 14, 2016
2723
(3) Said improved property is under the custody of the Georgia Forestry Commission and was operated as the Commission's Green County Unit until that office was relocated; and (4) By resolution dated July 16, 2015, the Georgia Forestry Commission declared the approximately 1.13 acres of improved real 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 improved real property located in Gwinnett County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 9.99 acres and approximately 0.634 of an acre of right of way for access on Hi-Hope Lane lying and being in Land Lot 13 of the 7th Land District, Gwinnett County, Georgia acquired by virtue of Warranty Deed between Gwinnett County, as Grantor, and the State of Georgia as grantee, dated July 27, 1978 for consideration of Ten Dollars and No/100 ($10.00) as recorded in Deed Book 1531, Page 350, and Plat Book 8, Page 215 in the Office of the Clerk of Superior Court of Gwinnett County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 06509, 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 improved real property is under the custody of the Georgia Department of Juvenile Justice and was formerly operated as a Regional Youth Detention Center; and (4) By resolution dated May 28, 2015, the Georgia Department of Juvenile Justice declared the approximately 9.99 acres of improved real property and the approximately 0.634 of an acre right of way for access 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 Gwinnett County, Georgia; and (2) Said real property is all that parcel or tract being approximately 51 acres lying and being in Land Lots 341-342 and 344-345 in the 7th Land District, Gwinnett County, Georgia, said real property acquired by Limited Warranty Deed from The Trust for Public Land dated November 28, 2001 for consideration of $1.5 million as recorded in Deed Book 25786, starting at Page 35 in the Office of the Clerk of Superior Court of Gwinnett County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 09794; and (3) Said real property is under the custody of the Georgia Department of Natural Resources as a Gwinnett portion of the Chattahoochee River Greenway Park; and (4) The Department has never used an approximately 3.696 acre portion of the above-described property in Land Lot 341, and said property may be more
2724
JOURNAL OF THE HOUSE
particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (5) An adjacent fee simple property of approximately 67.847 acres is owned by Melissa Bowen, Allison Bowen Cape, and Elizabeth Bowen Phelps ("the Bowen property"), being in the 341st and 342nd Land Lots of the 7th District, Gwinnett County, Georgia, and recorded as Lot 4 in Deed Book 48631, Pages 892-893, and in Plat Book 175, Plat Page I-70; and (6) A 3.696 acre portion of the Bowen property is available for an exchange of like or better value to the State and is closer to the Chattahoochee River, 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 (7) The Department of Natural Resources has declared the State's approximately 3.696 acres of real property to be surplus to the needs of the State and requested the authorization to convey the approximately 3.696 acres of real property to Melissa Bowen, Allison Bowen Cape, and Elizabeth Bowen Phelps in exchange for the acquisition of the approximately 3.696 acres of the Bowen property by the State of Georgia; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in McIntosh County, Georgia; and (2) Said improved real property is a portion of that tract being approximately 1,888 acres lying and being in the 1312th Georgia Militia District, McIntosh County, Georgia, acquired by virtue of that Limited Warranty Deed dated December 21, 1976 and recorded in Deed Book 78, Pages 380-388, and described as Tract 2-I and identified on a plat recorded in Plat Book 3, Page 33 in the Office of the Clerk of Superior Court of McIntosh County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 06307; and (3) Said improved property is in the custody of the Department of Natural Resources and is located at Sapelo Island in McIntosh County, Georgia; and (4) The State of Georgia has leased approximately 231 square feet of the improved real property to the United States Post Office since 1981 as a center for mail delivery service to residents of the island, and said leased 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 (5) The United States Post Office is desirous of leasing the approximately 231 square foot improved real property for an initial term of five years for a rental rate of $10.00 per year and reimbursement to the Department of Natural Resources of an amount of $1,600.00 per year for expenses related to the Department's upkeep and maintenance of the leased property, with the option to renew for an additional five years for a rental rate of $10.00 per year and reimbursement to the Department of Natural
MONDAY, MARCH 14, 2016
2725
Resources of an amount of $1,756.00 per year for expenses related to the Department's upkeep and maintenance of the leased property; and (6) By resolution dated October 28, 2015, the Board of Natural Resources has no objection to the leasing of the above-described improved property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Paulding County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 2.12 acres at 112 Industrial Way North, Dallas, Georgia 30132, lying and being in Land Lot 54, 2nd District, 3rd Section of Paulding County, Georgia acquired by virtue of a Fee Simple Deed without Warranty between Paulding County, Georgia, as Grantor, and the State of Georgia, as grantee, dated July 10, 1990 for consideration of the construction of a new Georgia Forestry Commission office and recorded in Deed Book 202, Page 177-180 and an accompanying survey as recorded in Plat Book 20, Page 79 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) # 08023, 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 improved property is under the custody of the Georgia Forestry Commission; and (4) By resolution dated August 8, 2013, the Georgia Forestry Commission declared the approximately 2.12 acres of improved real 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 improved real property located in Spalding County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 6.21 acres at 1498 D.F. Fuller Drive, Griffin, Georgia, lying and being in Land Lot 110, 2nd District of Spalding County (originally in Monroe County), Georgia, acquired by virtue of a Fee Simple Deed between Spalding County, Georgia, as Grantor, and the State of Georgia, as grantee, dated November 2, 1982, and recorded in Deed Book 679, Pages 102-105 and an accompanying survey as recorded in Plat Book 14, Page 386 in the Office of the Clerk of Superior Court of Spalding County, Georgia and being on file in the offices of the State Properties Commission, inventoried as Real Property Record (RPR) # 07119, 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 improved real property is under the custody of the Georgia Department of Corrections and is known as the Griffin Probation Office/Day Reporting Center; and
2726
JOURNAL OF THE HOUSE
(4) By resolution dated December 3, 2015, the Georgia Department of Corrections declared the approximately 6.21 acres of improved real 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 improved real property located in White County, Georgia; and (2) Said improved real property is all that tract being approximately 3,025 square feet of real property in Land Lot 60 of the 3rd District together with appurtenant easements consisting of a 50 foot wide ingress-egress easement in Land Lot 60, a 20 foot wide easement in Land Lots 37, 38, and 60, and a 384 foot radius guywire easement, 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 improved real property was acquired by the State subject to a 1992 ground lease of that tract to Bell South Mobility, Inc. for a term of up to 25 years; and (4) As successor to Bell South Mobility, Inc., New Cingular Wireless PCS, LLC, a Delaware limited liability company, by its Manager AT&T Mobility Corporation, a Delaware corporation, is desirous of ground leasing the tract for fair market value and of obtaining the ability to grant subleases for fair market value and such other consideration as determined by the State Properties Commission, for a term commencing May 19, 2017 through December 31, 2027; and (5) Said improved real property is in the custody of the Department of Natural Resources, managed by the North Georgia Mountains Authority, and is a portion of Smithgall Woods State Park, White County, Georgia; and (6) By letter dated January 29, 2016, from the Commissioner of the Department of Natural Resources, the Board of Natural Resources has no objection to the leasing of the above-described premises.
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 located in Bacon County and that in all matters relating to the leasing of the improved real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to ground lease the above-described real property to the Bacon County Board of Commissioners for a term of three years with one three-year renewal option, and
MONDAY, MARCH 14, 2016
2727
annual rent of $1.00 per year, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.
SECTION 4. That the ground lease shall be recorded by the lessee in the Superior Court of Bacon County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 5. That the authorization to lease the above-described real property shall expire three years after the date this resolution becomes effective.
SECTION 6. That custody of the above-described real property shall remain in the Technical College System of Georgia.
ARTICLE II SECTION 7.
That the State of Georgia is the owner of the above-described real property located in Barrow 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 8. That the State of Georgia, acting by and through its State Properties Commission, is authorized to ground lease the above-described property to Barrow County for a term of 25 years and six months commencing on or about July 1, 2016, for the construction, operation, and maintenance of recreational facilities for a consideration of $10.00 per year and the retention of any proceeds from timber sale on the above-described property by the Department of Natural Resources, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease, including the execution of all necessary documents.
2728
JOURNAL OF THE HOUSE
SECTION 10. That the ground lease shall be recorded by the lessee in the Superior Court of Barrow County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 11. That the authorization to ground lease the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 12. That custody of the above-described property shall remain in the custody of the Georgia Department of Natural Resources.
ARTICLE III SECTION 13.
That the State of Georgia is the owner of the above-described real property in Camden County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 14. That the above-described real 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 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 real property shall expire three years after the date this resolution becomes effective.
SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Camden County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
MONDAY, MARCH 14, 2016
2729
SECTION 18. That custody of the above-described real property shall remain in the Technical College System of Georgia until the property is conveyed.
ARTICLE IV SECTION 19.
That the State of Georgia is the owner of the above-described real property in Evans County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 20. That the above-described real 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 other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 21. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.
SECTION 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 23. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Evans County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 24. That custody of the above-described property shall remain in the Technical College System of Georgia until the property is conveyed.
ARTICLE V SECTION 25.
That the State of Georgia is the owner of the above-described leasehold interest in the above-described improved real property in Fulton County and that in all matters relating to the conveyance or exchange of the above-described leasehold interest in the above-
2730
JOURNAL OF THE HOUSE
described improved real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 26. That the above-described leasehold interest in the above-described improved real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, as a conveyance for fair market value or for the consideration of an exchange to the State of Georgia of a like or better leasehold interest at the same airport, and such further consideration, terms, and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 27. That the authorization in this resolution to convey the above-described leasehold interest in the above-described improved real property by conveyance or by exchange shall expire three years after the date this resolution becomes effective.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance or exchange.
SECTION 29. 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 30. That custody of the above-described real property shall remain in the Department of Public Safety until the property is conveyed.
ARTICLE VI SECTION 31.
That the State of Georgia is the owner of the above-described real property in Greene County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 32. That the above-described real 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 other consideration and provisions as
MONDAY, MARCH 14, 2016
2731
the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 33. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.
SECTION 34. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 35. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Greene County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 36. That custody of the above-described real property shall remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE VII SECTION 37.
That the State of Georgia is the owner of the above-described real property in Gwinnett County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 38. That the above-described real property and right of way for access 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 other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 39. That the authorization in this resolution to convey the above-described real property and right of way for access shall expire three years after the date this resolution becomes effective.
2732
JOURNAL OF THE HOUSE
SECTION 40. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 41. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Gwinnett County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 42. That custody of the above-described real property and right of way for access shall remain in the Georgia Department of Juvenile Justice until the property and right of way are conveyed.
ARTICLE VIII SECTION 43.
That the State of Georgia is the owner of the above-described real property in Gwinnett County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 44. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for a consideration of conveyance to the State of Georgia of a like or better property and other provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 45. That the authorization in this resolution to convey the above-described real property by exchange shall expire three years after the date this resolution becomes effective.
SECTION 46. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and exchange.
SECTION 47. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Gwinnett County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
MONDAY, MARCH 14, 2016
2733
SECTION 48. That custody of the above-described real property shall remain in the Department of Natural Resources until the property is conveyed.
ARTICLE IX SECTION 49.
That the State of Georgia is the owner of the above-described real property in McIntosh County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 50. That the State of Georgia, acting by and through its State Properties Commission, is authorized to ground lease approximately 231 square feet of the above-described real property to the United States of America for use as a mail delivery center for residents of Sapelo Island for a term of five years commencing on July 1, 2017 and the payment of rent of $10.00 per year and reimbursement to the Department of Natural Resources of $1,600.00 per year for expenses with one, five-year option to renew said ground lease for the payment of rent of $10.00 per year and reimbursement to the Department of Natural Resources of $1,756.00 per year for expenses, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 51. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease, including the execution of all necessary documents.
SECTION 52. That the ground lease of the above-described real property shall be recorded by the lessee in the Superior Court of McIntosh County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 53. That the authorization to ground lease the above-described real property shall expire three years after the date this resolution becomes effective.
SECTION 54. That custody of the above-described real property shall remain in the Georgia Department of Natural Resources.
ARTICLE X SECTION 55.
2734
JOURNAL OF THE HOUSE
That the State of Georgia is the owner of the above-described real property in Paulding County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 56. That the above-described real 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 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 57. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.
SECTION 58. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 59. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Paulding County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 60. That custody of the above-described real property shall remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE XI SECTION 61.
That the State of Georgia is the owner of the above-described real property in Spalding County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 62. That the above-described real 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 other consideration and provisions as
MONDAY, MARCH 14, 2016
2735
the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 63. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.
SECTION 64. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 65. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Spalding County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 66. That custody of the above-described real property shall remain in the custody of the Georgia Department of Corrections until the property is conveyed.
ARTICLE XII SECTION 67.
The State of Georgia is the owner of the above-described real property in White County and that in all matters relating to the ground lease of said real property and grant of any appurtenant easements of the above-described real property during the term of any such ground lease, the State of Georgia is acting by and through its State Properties Commission.
SECTION 68. That the above-described real property may be ground leased to New Cingular Wireless PCS, LLC, a Delaware limited liability company, through its Manager AT&T Mobility Corporation, a Delaware corporation, for fair market value 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 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease.
2736
JOURNAL OF THE HOUSE
SECTION 70. That the ground lease of the above-described real property shall be recorded by the lessee in the Superior Court of White County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 71. That the authorization in this resolution to so grant the above-described ground lease shall expire three years after the date this resolution becomes effective.
SECTION 72. That custody of the above-described real property shall remain in the Georgia Department of Natural Resources.
ARTICLE XIII SECTION 73.
That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.
SECTION 74. 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 Y Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague E Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce
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 E Dukes Y Dunahoo Y Duncan Y Ealum E Efstration
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S E Jordan
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 Y Thomas, A.M.
MONDAY, MARCH 14, 2016
2737
E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley N Greene
Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 168, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
SB 316. By Senators Gooch of the 51st, Mullis of the 53rd, Harper of the 7th, Beach of the 21st and Ginn of the 47th:
A BILL to be entitled an Act to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relative to bingo, so as to remove the daily permissible prize limitation while preserving the weekly permissible prize limitation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to specify that lots shall be chosen by a natural person; to remove the daily permissible prize limitation while preserving the weekly permissible prize limitation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2738
JOURNAL OF THE HOUSE
SECTION 1. Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, is amended by revising paragraph (1) of Code Section 16-12-51, relating to definitions, as follows:
"(1) 'Bingo game' or 'nonprofit bingo game' means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. A bingo game may be played manually or with an electronic or computer device that stores the numbers from a player's card or cards, tracks the numbers chosen by lot when such numbers are entered by the player, and notifies the player of a winning combination; provided, however, that the numbers chosen by lot shall be chosen by a natural person. Such words, terms, or phrases, as used in this paragraph, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity."
SECTION 2. Said part is further amended by revising subsection (f) and adding a new subsection to Code Section 16-12-60, relating to rules and regulations relative to bingo, to read as follows:
"(f) It shall be unlawful to award prizes in excess of $1,500.00 in cash or gifts of equivalent value during any calendar day or $3,000.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limits limitation at any combination of locations operated by a single licensee or such licensee's agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limits limitation contained in this Code section. The term 'equivalent value' shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game." "(j) Nothing in this chapter or any other provision of law shall be construed to allow a bingo game or any game of pure chance to be played by the public for consideration on an electronic machine, device, or computer for cash or anything of value if any number or other item chosen by lot is not chosen by a natural person."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Fleming of the 121st offers the following amendment:
Amend the House Committee on Regulated Industries substitute to SB 316 (LC 36 3065S) by inserting between "person" and the period at the end of line 17 the following: who is physically located on the premises or property described in Code Section 16-1257 on which the game is operated
MONDAY, MARCH 14, 2016
2739
By deleting lines 22 and 23 and inserting in lieu thereof the following: Said part is further amended by revising subsection (f) of Code Section 16-12-60, relating to rules and regulations relative to bingo, as follows:
By deleting lines 32 through 35.
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 N Atwood Y Ballinger Y Barr N Battles Y Beasley-Teague E Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Cooke Y Coomer Y Cooper
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 N Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer N Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 Y 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
2740
JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Rogers of the 29th assumed the chair.
SB 350. By Senators Mullis of the 53rd, Watson of the 1st, Harper of the 7th, Shafer of the 48th, Kennedy of the 18th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of consumer fireworks, so as to dedicate moneys collected from the excise tax on the sale of consumer fireworks for trauma care, fire services, and local public safety purposes; to provide for related matters; to provide for an effective date contingent on a certain ratification of the Constitution of Georgia; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 7 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of consumer fireworks, so as to dedicate moneys collected from the excise tax on the sale of consumer fireworks for trauma care, fire services, and local public safety purposes; to provide for related matters; to provide for an effective date contingent on a certain ratification of the Constitution of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of consumer fireworks, is amended by revising Code Section 48-13-131, relating to excise tax imposed, rate of taxation, and payment, as follows:
"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.
MONDAY, MARCH 14, 2016
2741
(b) Moneys collected from the excise tax on the sale of consumer fireworks as provided for under subsection (a) of this Code section, and pursuant to Article III, Section IX, Paragraph VI of the Constitution of Georgia, shall be used as follows:
(1) The amount of 55 percent shall be provided to the Georgia Trauma Care Network Commission for purposes provided for under Code Section 31-11-102; (2) The amount of 40 percent shall be provided to the Georgia Firefighter Standards and Training Council to be exclusively used for the implementation of a grant program to improve the equipping and training of firefighters and to improve the rating of fire departments in this state by the Insurance Services Office; and (3) The amount of 5 percent shall be provided to local governments to be used solely for public safety purposes consisting of the operation of 9-1-1 systems under Part 4 of Article 2 of Chapter 5 of Title 46. The commissioner shall include such amount as a part of the 9-1-1 distribution made on or before October 15 of each year to such local governments. (b)(c) 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."
SECTION 2.
This Act shall become effective on January 1, 2017, only if there is ratified at the 2016 general election an amendment to the Constitution of Georgia which authorizes the General Assembly to provide for the use, dedication, and deposit of revenues raised by an excise tax on the sale of fireworks or consumer fireworks for purposes of trauma care, fire services, and local public safety.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Belton Y Bennett, K Y Bennett, T Y Bentley
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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 N Stover Y Strickland
2742
JOURNAL OF THE HOUSE
Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S E Jordan Y Kaiser
Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tankersley Y Tanner N 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
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.
SB 262. By Senator Stone of the 23rd:
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 following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change provisions relating to courts and court management; 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
MONDAY, MARCH 14, 2016
2743
party; to provide for filing of documents in superior and state courts by electronic means; to change provisions relating to filing documents by electronic means in magistrate courts; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (2) of subsection (a) of Code Section 15-1-8, relating to when a judge or judicial officer is disqualified, as follows:
"(2) Preside, act, or serve in any case or matter when such judge is related by consanguinity or affinity within the sixth third degree as computed according to the civil law to any party interested in the result of the case or matter; or"
SECTION 2. Said title is further amended by revising Code Section 15-6-11, which was previously reserved, as follows:
"15-6-11. By court rule or standing order, any superior court may provide for the filing of pleadings and any other documents and for the acceptance of payments and remittances by electronic means. Nothing in this Code section shall be construed to prevent a clerk's acceptance of payments and remittances by electronic means under the clerk's own authority. Reserved."
SECTION 3. Said title is further amended by a new Code section to read as follows:
"15-7-5. By court rule or standing order, any state court may provide for the filing of pleadings and any other documents and for the acceptance of payments and remittances by electronic means. Nothing in this Code section shall be construed to prevent a clerk's acceptance of payments and remittances by electronic means under the clerk's own authority."
SECTION 4. Said title is further amended by revising subsection (i) and adding a new subsection to Code Section 15-10-53, relating to filing documents by electronic means, to read as follows:
"(i) Any pleading or document filed electronically shall be deemed filed as of the time the clerk of court gains electronic control of the document of its receipt by the electronic filing service provider." "(l) When a filing involves the transfer of funds, the court may establish a procedure for making such transactions by electronic means."
2744
JOURNAL OF THE HOUSE
SECTION 5.
Said title is further amended by revising Code Section 15-12-70, relating to disqualification for relationship to interested party, as follows:
"15-12-70. All grand jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the sixth third degree as computed according to the civil law. Relationship more remote shall not be a disqualification."
SECTION 6.
Said title is further amended by revising subsection (a) of Code Section 15-12-135, relating to disqualification for relationship to interested party, as follows:
"(a) All trial jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the sixth third degree as computed according to the civil law. Relationship more remote shall not be a disqualification."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague E Belton Y Bennett, K Y Bennett, T N Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant N Buckner Y Burns
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 N Ealum Y Efstration Y Ehrhart Y England Y Epps
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N 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 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 N Trammell Y Turner
MONDAY, MARCH 14, 2016
2745
Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Evans Y Fleming Y Floyd Y Fludd Y Frazier N Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall N McClain Y Meadows
Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
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 162, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker assumed the Chair.
SB 302. By Senators Martin of the 9th, Burke of the 11th, Unterman of the 45th, Watson of the 1st and Parent of the 42nd:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require health carriers to maintain accurate provider directories; to provide for definitions; to provide for electronic and printed provider directories; to require certain information in provider directories; to grant enforcement authority to the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require certain insurers to maintain accurate provider directories; to provide for definitions; to provide for electronic and printed provider directories; to require certain information in provider directories; to provide for related matters; to provide for exemptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2746
JOURNAL OF THE HOUSE
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows:
"CHAPTER 20C
33-20C-1. As used in this chapter, the term:
(1) 'Covered person' means a policyholder, subscriber, enrollee or other individual participating in a health benefit plan. (2) 'Facility' means an institution providing physical, mental, or behavioral health care services or a health care setting, including, but not limited to, hospitals; licensed inpatient centers; ambulatory surgical centers; skilled nursing facilities; residential treatment centers; diagnostic, treatment, or rehabilitation centers; imaging centers; and rehabilitation and other therapeutic health settings. (3) 'Health benefit plan' means a policy, contract, certificate, or agreement entered into, offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a standalone dental plan. (4) 'Health care professional' means a physician or other health care practitioner licensed, accredited, or certified to perform specified physical, mental, or behavioral health care services consistent with his or her scope of practice under state law. (5) 'Health care provider' or 'provider' means a health care professional, pharmacy, or facility. (6) 'Health care services' means services for the diagnosis, prevention, treatment, cure, or relief of a physical, mental, or behavioral health condition, illness, injury, or disease, including mental health and substance abuse disorders. (7) 'Insurer' means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the Commissioner, that contracts, offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including an accident and sickness insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, a health care plan, or any other entity providing a health insurance plan, a health benefit plan, or health care services. (8) 'Network' means the group or groups of participating health care providers providing services under a network plan. (9) 'Network plan' means a health benefit plan of an insurer that either requires a covered person to use health care providers managed by, owned by, under contract with, or employed by the insurer or that creates incentives, including financial incentives, for a covered person to use such health care providers. (10) 'Standalone dental plan' means a plan of an insurer that provides coverage substantially all of which is for treatment of the mouth, including any organ or structure within the mouth, which is provided under a separate policy, certificate, or contract of insurance or is otherwise not an integral part of a group benefit plan.
MONDAY, MARCH 14, 2016
2747
(11) 'Tiers' or 'tiered network' means a network that identifies and groups some or all types of providers and facilities into specific groups to which different provider reimbursement, covered person cost sharing, or provider access requirements, or any combination thereof, apply for the same services.
33-20C-2. (a)(1) An insurer shall post on its website a current and accurate electronic provider directory for each of its network plans with the information described in Code Section 33-20C-4. Such online provider directory shall be easily accessible in a standardized, downloadable, searchable, and machine readable format. (2) In making the provider directory available online, the insurer shall ensure that the general public is able to view all of the current providers for a network plan through a clearly identifiable link or tab and without creating or accessing an account or entering a policy or contract number. (3) The insurer shall update each network plan on the online provider directory no less than every 30 days.
(b) An insurer shall provide a print copy of a current provider directory, or a print copy of the requested directory information, with the information described in Code Section 33-20C-5 upon request by a covered person or a prospective covered person. (c) For each network plan, an insurer shall include in plain language, in both the online and print directory, the following general information:
(1) A description of the criteria the insurer has used to build its provider network; (2) If applicable, a description of the criteria the insurer has used to tier providers; (3) If applicable, how the insurer designates the different provider tiers or levels, such as by name, symbols, or grouping, in the network and for each specific provider in the network, which tier each is placed in order for a covered person or a prospective covered person to be able to identify the provider tier; and (4) If applicable, a notice that authorization or referral may be required to access some providers. (d) The insurer shall make clear for both its online and print directories the provider directory that applies to each network plan by identifying the specific name of the network plan as marketed and issued in this state. (e) The insurer shall make available through its online and print directories the source of the information required pursuant to Code Sections 33-20C-4 and 33-20C-5 pertaining to each health care provider and any limitations, if applicable. (f) Provider directories, whether in electronic or print format, shall be accessible to individuals with disabilities and individuals with limited English proficiency as defined in 45 C.F.R. Section 92.201 and 45 C.F.R. Section 155.205(c).
33-20C-3. (a) The insurer shall include in both its online and print directories a clearly identifiable telephone number and either a dedicated email address or a link to a dedicated webpage that covered persons or the general public may use to report to the
2748
JOURNAL OF THE HOUSE
insurer inaccurate information listed in the provider directory. Whenever an insurer receives such a report, it shall promptly investigate such report and no later than 30 days following receipt of such report either verify the accuracy of the information or update the information, as applicable.
(b)(1) An insurer shall take appropriate steps to ensure the accuracy of the information concerning each provider listed in the insurer's provider directory and shall, no later than January 1, 2017, review and update the entire provider directory for each network plan offered. Thereafter, the insurer shall, at least annually, audit at least a reasonable sample size of its provider directories for accuracy, retain documentation of such an audit to be made available to the Commissioner upon request, and based on the results of such an audit, verify the accuracy of the information or update the information, if applicable. (2) The insurer shall notify any provider in its network that has not submitted claims to the insurer or otherwise communicated intent to continue participation in the insurer's network within a 12 month period. Such notice shall be accomplished in accordance with provisions of the contract entered into between the insurer and the provider regarding notice, if applicable. If the insurer does not receive a response from the provider within 30 days of such notification confirming that the information regarding the provider is current and accurate or, as an alternative, updating any information, the insurer shall remove the provider from the network; provided, however, that prior to removal, the insurer may use any other available information or means to determine if the provider is still participating in the insurer's network, including any means delineated in the contract entered into between the insurer and the provider. (c) The insurer shall report to the Commissioner, in accordance with timeframes and requirements established by the Commissioner: (1) The number of reports received pursuant to subsection (a) of this Code section, the timeliness of the insurer's response, and the corrective actions taken; and (2) All auditing reports conducted by the insurer pursuant to subsection (b) of this Code section. (d) In circumstances where the Commissioner finds that a covered person reasonably relied upon materially inaccurate information contained in an insurer's provider directory, the Commissioner may require the insurer to provide coverage for all covered health care services provided to the covered person and to reimburse the covered person for any amount that he or she would have paid, had the services been delivered by an in-network provider under the insurer's network plan; provided, however, that the Commissioner shall take into consideration that insurers are relying on health care providers to report changes to their information prior to requiring any reimbursement to a covered person. Prior to requiring reimbursement in these circumstances, the Commissioner shall conclude that the services received by the insurer were covered services under the covered person's network plan. In such circumstances, the fact that the services were rendered or delivered by a noncontracting or out-of-network provider shall not be used as a basis to deny reimbursement to the covered person.
MONDAY, MARCH 14, 2016
2749
33-20C-4. (a) The insurer shall make available through an online provider directory, for each network plan, the following information, in a searchable format:
(1) For health care professionals: (A) Name; (B) Gender; (C) Contact information; (D) Participating office location or locations; (E) Specialty, if applicable; (F) Board certifications, if applicable; (G) Medical group affiliations, if applicable; (H) Participating facility affiliations, if applicable; (I) Languages spoken other than English by the health care professional or clinical staff, if applicable; (J) Tier; and (K) Whether they are accepting new patients;
(2) For hospitals: (A) Hospital name; (B) Hospital type, such as acute, rehabilitation, children's, or cancer; (C) Participating hospital location; (D) Hospital accreditation status; and (E) Telephone number; and
(3) For facilities other than hospitals: (A) Facility name; (B) Facility type; (C) Types of services performed; (D) Participating facility location or locations; and (E) Telephone number.
(b) Paragraphs (2) and (3) of subsection (a) of this Code section shall not apply to standalone dental plans.
33-20C-5. (a) The insurer shall make available in print, upon request, the following provider directory information for the applicable network plan:
(1) For health care professionals: (A) Name; (B) Contact information; (C) Participating office location or locations; (D) Specialty, if applicable; (E) Languages spoken other than English, if applicable; and (F) Whether accepting new patients;
(2) For hospitals: (A) Hospital name;
2750
JOURNAL OF THE HOUSE
(B) Hospital type, such as acute, rehabilitation, children's, or cancer; and (C) Participating hospital location and telephone number; and (3) For facilities other than hospitals: (A) Facility name; (B) Facility type; (C) Types of services performed; and (D) Participating facility location or locations and telephone number. (b) The insurer shall include a disclosure in the print directory that the information in subsection (a) of this Code section and included in the directory is accurate as of the date of printing and that covered persons or prospective covered persons should consult the insurer's electronic provider directory on its website or call a specified customer service telephone number to obtain current provider directory information.
33-20C-6. This chapter shall not apply to the provision of health care services pursuant to a contract entered into by an insurer and the Department of Community Health for recipients of Medicaid or PeachCare for Kids and the state health benefit plan under Article 1 of Chapter 18 of Title 45."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce
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 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S E Jordan
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 Y Thomas, A.M.
MONDAY, MARCH 14, 2016
2751
E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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.
SB 274. By Senators Albers of the 56th and Beach of the 21st:
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 provide for the nonrevival of a previously repealed 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.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Y Metze 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
2752
JOURNAL OF THE HOUSE
Y Battles Y Beasley-Teague E Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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.
Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon 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 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Efstration of the 104th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
SB 278. By Senators Unterman of the 45th, Stone of the 23rd and VanNess of the 43rd:
A BILL to be entitled an Act to amend Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, so as to increase the penalty provisions relating to pimping and pandering; 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 on the State Sexual Offender Registry when an individual is convicted for the third time for pandering; to provide for related matters; to repeal conflicting laws; and for other purposes.
MONDAY, MARCH 14, 2016
2753
The motion prevailed.
The following member was recognized during the period of Evening Orders and addressed the House:
Representative Henson of the 86th.
The following Resolutions of the House were read and adopted:
HR 1705. By Representative Ralston of the 7th:
A RESOLUTION recognizing and congratulating the 10 and Under Girls All Star Fannin County Championship basketball team; and for other purposes.
HR 1706. By Representatives Williams of the 168th, Abrams of the 89th, Hugley of the 136th and Randall of the 142nd:
A RESOLUTION commending James Wendell Shaw; and for other purposes.
HR 1707. By Representatives Burns of the 159th and Hitchens of the 161st:
A RESOLUTION recognizing and congratulating Isiah Royal on his third consecutive state title at the GHSA State Wrestling Competition; and for other purposes.
HR 1708. By Representative Burns of the 159th:
A RESOLUTION commending Representative Bill Hitchens, recipient of the Peace Officers' Association of Georgia's 2015 Arthur Hutchins Memorial Award for Meritorious Service; and for other purposes.
HR 1709. By Representatives Burns of the 159th and Hitchens of the 161st:
A RESOLUTION commending Corporal Connie Morris and Sergeant Bruce Cleveland and recognizing them upon being chosen as the 2015 Peace Officers of the Year for Valor; and for other purposes.
HR 1710. By Representatives Burns of the 159th, Tankersley of the 160th and Parrish of the 158th:
A RESOLUTION recognizing and commending Mayor Margaret Evans on the occasion of her retirement; and for other purposes.
2754
JOURNAL OF THE HOUSE
HR 1711. By Representative Bennett of the 80th:
A RESOLUTION recognizing March 14, 2016, as Pi Day; and for other purposes.
HR 1712. By Representatives Chandler of the 105th, Coleman of the 97th, Pak of the 108th, Clark of the 101st, Barr of the 103rd and others:
A RESOLUTION recognizing the academic accomplishments of Archer High School seniors Jasmine Moore and Morgan Lewis; and for other purposes.
HR 1713. By Representatives Bentley of the 139th, Deffenbaugh of the 1st, Cheokas of the 138th, Evans of the 42nd, Dickey of the 140th and others:
A RESOLUTION commending Josephine Augusta Harbuck Welch on the grand occasion of her 90th birthday; and for other purposes.
HR 1714. By Representatives Mitchell of the 88th, Jones of the 62nd and Mayo of the 84th:
A RESOLUTION recognizing Robert Nesta "Bob" Marley; and for other purposes.
HR 1715. By Representatives Mitchell of the 88th, Jones of the 62nd and Mayo of the 84th:
A RESOLUTION recognizing Veronica Campbell-Brown; and for other purposes.
HR 1716. By Representatives Mitchell of the 88th, Mayo of the 84th and Jones of the 62nd:
A RESOLUTION commending the many contributions Caribbean Americans have made to the State of Georgia and recognizing March 11, 2016, as Caribbean American Legislative Day at the state capitol; and for other purposes.
HR 1717. By Representatives Ballinger of the 23rd, Sims of the 123rd, Frazier of the 126th, Howard of the 124th, Prince of the 127th and others:
MONDAY, MARCH 14, 2016
2755
A RESOLUTION recognizing and commending the Richmond County Child Fatality Review Committee on receiving the 2014 Child Fatality Review Prevention Team Award; and for other purposes.
Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 3
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 367 Do Pass, by Substitute
Respectfully submitted, /s/ Golick of the 40th
Chairman
Representative Coomer of the 14th 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:
2756
JOURNAL OF THE HOUSE
SB 307 Do Pass, by Substitute SB 383 Do Pass, by Substitute
SB 346 SB 420
Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Coomer of the 14th
Chairman
Representative Burns of the 159th 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 15, 2016
2757
Representative Hall, Atlanta, Georgia
Tuesday, March 15, 2016
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 Allison Atwood Ballinger Barr Battles E Beasley-Teague Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell Carson Carter, A Carter, D 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 Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick Gordon
Gravley Greene Harden Harrell Hatchett Hawkins E 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 Lott Lumsden Mabra Marin Martin Maxwell E Mayo
McCall McClain Meadows Metze Mitchell Morris Nimmer Nix Oliver Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Sharper
Shaw Sims Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stovall E Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, E Trammell Turner Waites Watson Welch Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williamson Yates Ralston, Speaker
The following members were off the floor of the House when the roll was called:
Representatives Kirby of the 114th, Pak of the 108th, Thomas of the 56th, Weldon of the 3rd, and Williams of the 87th.
2758
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Dr. Sherry Gaither, Stronghold Christian Church, 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 Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1148. By Representatives Pezold of the 133rd, Caldwell of the 20th and Turner of the 21st:
A BILL to be entitled an Act to amend Chapter 1 of Title 22 and Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to eminent domain and acquisition of property for transportation purposes, respectively, so as to provide for attorney's fees and expenses of trial in appeals to condemnation compensation award amounts; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 15, 2016
2759
Referred to the Committee on Transportation.
HB 1149. By Representatives Williams of the 168th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p. 3542), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3661), so as to provide for reimbursement of expenses for the chairperson and members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1150. By Representatives Pezold of the 133rd and Allison of the 8th:
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 remove the exemption from disclosure for real estate appraisals, engineering or feasibility estimates, and other records made for or by the state or a local agency regarding the acquisition of real property; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1151. By Representatives Petrea of the 166th, Kelley of the 16th, Dollar of the 45th, Powell of the 32nd and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income taxes, so as to create an income tax credit for employers who hire certain veterans for full-time jobs; to provide for rules and regulations related to such income tax credit; to provide for certain conditions and limitations; to require annual reporting of certain statistics related to such credit; to provide for definitions; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1152. By Representative Dukes of the 154th:
A BILL to be entitled an Act to amend an Act establishing the Board of Commissioners of Seminole County, approved August 16, 1920 (Ga. L.
2760
JOURNAL OF THE HOUSE
1920, p. 610), as amended, particularly by an Act approved March 2, 1978 (Ga. L. 1978, p. 3076), 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.
HR 1718. By Representatives McClain of the 100th, Beasley-Teague of the 65th and Jones of the 53rd:
A RESOLUTION requesting Georgia's congressional delegation to oppose extension of disastrous trade policies; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 1719. By Representative Greene of the 151st:
A RESOLUTION creating the House Hydrilla Study Committee; and for other purposes.
Referred to the Committee on Special Rules.
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 1153. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), so as to clarify the qualifications for participation in such health insurance program; to clarify who is covered under such provision; to provide limits on coverages offered; to provide for related maters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
TUESDAY, MARCH 15, 2016
2761
HB 1154. By Representative Douglas of the 78th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change the corporate boundaries of the city; to provide for related matters; to provide for a referendum; to provide for contingent effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1155. By Representative Douglas of the 78th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change the corporate boundaries of the city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1141 HB 1143 HB 1145 HB 1147 HR 1684 HR 1696 SB 423
HB 1142 HB 1144 HB 1146 HR 1683 HR 1685 HR 1704
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 Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1254 Do Pass SB 385 Do Pass, by Substitute SB 389 Do Pass, by Substitute
2762
JOURNAL OF THE HOUSE
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 1131 Do Pass HB 1138 Do Pass
HB 1137 Do Pass HB 1139 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 15, 2016
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
Modified Open Rule
SB 206 SB 335 SB 336 SR 730
Counties and Municipal Corporations; revise provisions relating to water liens; procedures (Substitute)(Judy-Atwood-179th) Ligon, Jr.-3rd Retirement; permissible investments in commingled funds and collective investment funds; revise provisions (Ret-Maxwell-17th) Black-8th Retirement; permit governing bodies of municipal corporations to enact plans by resolution in addition to ordinance (Ret-Maxwell-17th) Black-8th Coastal Regional Commission; encourage to support implementation of the Coastal Georgia Greenway (NR&E-Jones-167th) Ligon, Jr.-3rd
TUESDAY, MARCH 15, 2016
2763
Modified Structured Rule
SB 193 SB 263 SB 269 SB 331 SB 364 SB 402 SR 558 SR 954
Crimes and Offenses; family violence battery; change penalty provisions (Substitute)(JudyNC-Ballinger-23rd) Bethel-54th Law Enforcement Officers; provide governing authority; employs sworn police officers who are P.O.S.T certified; policies; disability in line of duty (PS&HS-Caldwell-20th) Thompson-14th Counties; require local governing bodies; provide certain entities with certification of compliance with Code section; condition of funding (JudyPetrea-166th) Stone-23rd Courts; causing a child to be conceived; violating certain prohibitions relating certain offenses; additional ground for terminating parental rights (Substitute)(Judy-Strickland-111th) Thompson-14th "Quality Basic Education Act"; annual teacher, principal, and assistant principal evaluations; revise provisions (Substitute)(Ed-Nix-69th) Tippins37th Drug Abuse Treatment and Education Programs; provide for a moratorium on the issuance of new licenses to narcotic treatment programs (Substitute)(RegI-Weldon-3rd) Mullis-53rd General Assembly; proceeds of excise taxes on sale of fireworks; funding of trauma care -CA (W&M-Battles-15th) Mullis-53rd Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads; 16 counties (Substitute)(SProp-Dunahoo-30th) Jeffares-17th
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bill of the House was postponed until the next legislative day:
HB 1131. By Representatives Gardner of the 57th, Kaiser of the 59th, Metze of the 55th, Abrams of the 89th, Bennett of the 80th and others:
A BILL to be entitled an Act to provide for the levy of a retail sales and use tax by the City of Atlanta for the purpose of providing public transportation of passengers for hire in the metropolitan area of the City of Atlanta; to provide for definitions; to provide for procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such
2764
JOURNAL OF THE HOUSE
purposes; to provide for a referendum; to provide for an additional referendum in certain instances; to provide for a limitation on the collection of a tax for transportation purposes in certain counties in certain instances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate, having been previously postponed, was again postponed until the next legislative day:
SB 343. By Senator Parent of the 42nd:
A BILL to be entitled an Act to provide a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district 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 House were taken up for consideration and read the third time:
HB 1137. By Representatives Cooke of the 18th and Kelley of the 16th:
A BILL to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner of Haralson County, approved March 21, 1958 (Ga. L. 1958, p. 2917), as amended, so as to modify the compensation of the tax commissioner; to provide that all fees, commissions, costs, and perquisites collected by the tax commissioner shall be the property of Haralson County; to modify the appointment and compensation of deputies and clerical staff; 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 1138. By Representatives Cooke of the 18th and Kelley of the 16th:
A BILL to be entitled an Act to provide a homestead exemption from Haralson County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose income, together with the income
TUESDAY, MARCH 15, 2016
2765
of the spouse of such resident who resides within such homestead and excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1139. By Representatives Jasperse of the 11th and Meadows of the 5th:
A BILL to be entitled an Act to amend an Act to repeal and replace the Charter of the City of Fairmount, approved April 17, 1975 (Ga. L. 1975, p. 3136), as amended, so as to change the corporate limits of the city by annexing certain territory to the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns
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 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 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 Y Turner
2766
JOURNAL OF THE HOUSE
Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kidd Kirby
Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 167, 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 241. By Senator Jackson of the 2nd:
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.
SB 426. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, approved May 14, 2003 (Ga. L. 2003, p. 3546), so as to change provisions relating to municipal property ownership; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
TUESDAY, MARCH 15, 2016
2767
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.
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:
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.
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.
HB 887. By Representatives Efstration of the 104th, Ballinger of the 23rd, Quick of the 117th, Caldwell of the 131st, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Articles 3 and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings and termination of parental rights, respectively, so as to prioritize
2768
JOURNAL OF THE HOUSE
the placement of a child with a relative who is an adult or fictive kin when such individual is qualified to care for such child and it is in the best interests of the child; 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 768. By Representatives Hawkins of the 27th, Willard of the 51st, Fludd of the 64th, Jones of the 47th, Turner of the 21st and others:
A BILL to be entitled an Act to amend Title 30 of the O.C.G.A., relating to disabled persons, so as to provide for the establishment of a qualified ABLE program in this state to enable the contribution of funds to tax-exempt accounts to pay for the qualified expenses of eligible individuals with disabilities; to amend Code Section 48-7-27 of the O.C.G.A., relating to computation of taxable net income; to amend Code Section 50-13-2 of the O.C.G.A., relating to the definitions for purposes of the Georgia Administrative Procedure Act, so as to exclude the Georgia ABLE Program Corporation from the meaning of "agency"; 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 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.
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
TUESDAY, MARCH 15, 2016
2769
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.
HB 725. By Representatives Cantrell of the 22nd, Spencer of the 180th, Ballinger of the 23rd, Weldon of the 3rd, Evans of the 42nd 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 for greater confidentiality of child abuse records; to provide for and revise definitions; to change provisions relating to persons and agencies permitted access to records of child abuse; to provide for contents of a protective order; to provide for immunity for child advocacy centers in releasing child abuse records under certain circumstances; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 747. By Representatives Rogers of the 10th, Nimmer of the 178th, Dickey of the 140th, Hitchens of the 161st, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe operation of motor carriers and commercial motor vehicles, so as to update the reference date to federal regulations regarding the safe operation of motor carriers and commercial motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 786. By Representative Buckner of the 137th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved August 20, 1923 (Ga. L. 1923, p. 739), an Act approved March 28, 1990 (Ga. L. 1990, p. 4980), and an Act approved April 10, 2014 (Ga. L. 2014, p. 3692), so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 871. By Representatives Dickey of the 140th, Rogers of the 10th and Nimmer of the 178th:
A BILL to be entitled an Act to amend Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to consumer fees collected to implement
2770
JOURNAL OF THE HOUSE
Article 28 of Chapter 1 of Title 10, the "Georgia Lemon Law," so as to require consumer fees to be forwarded to the Department of Law for deposit in the new motor vehicle arbitration account; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 965. By Representatives Cheokas of the 138th, Burns of the 159th, Smyre of the 135th, Dawkins-Haigler of the 91st, Greene of the 151st 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 general insurance provisions, so as to provide that no health benefit plan shall require an insured to fail to successfully respond to a drug or drugs for stage four advanced, metastatic cancer prior to the approval of a drug prescribed by his or her physician; to provide for definitions; to provide for a short title; to provide for legislative findings and intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1049. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend an Act to provide for the Board of Public Education for the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to authorize members of the Board of Public Education for the City of Savannah and Chatham County to censure its members; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1050. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to authorize members of the governing body of the City of Savannah to censure its members; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1051. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to provide for an additional
TUESDAY, MARCH 15, 2016
2771
power of the board to censure members; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1053. By Representative Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide that members of the board of education shall be elected on a nonpartisan basis; to provide for continuation in office of current members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1093. By Representatives Hightower of the 68th, Nix of the 69th, Cooke of the 18th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act providing that the tax commissioner of Carroll County shall retain 1 percent of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes, approved March 27, 1998 (Ga. L. 1998, p. 3698), so as to increase the percentage of educational funds retained and remitted by said officer for said purpose to the governing authority of Carroll County; to provide a statement of intention and authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1109. By Representatives Setzler of the 35th, Ehrhart of the 36th, Reeves of the 34th, Carson of the 46th, Cooper of the 43rd and others:
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 May 12, 2015 (Ga. L. 2015, p. 4201), so as to adopt by reference a certain map; 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 241. By Senator Jackson of the 2nd:
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
2772
JOURNAL OF THE HOUSE
of certain Chatham County officials; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 426. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, approved May 14, 2003 (Ga. L. 2003, p. 3546), so as to change provisions relating to municipal property ownership; 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 Cheokas of the 138th, Broadrick of the 4th, Dawkins-Haigler of the 91st et al., Gardner of the 57th, Kidd of the 145th, Dickey of the 140th, Stovall of the 74th, Dollar of the 45th, Jasperse of the 11th, Parsons of the 44th, Glanton of the 75th et al., Rynders of the 152nd, Pirkle of the 155th et al., Randall of the 142nd, and Coleman of the 97th.
Pursuant to HR 1170, the House recognized February as Career & Technical Education Month and February 17, 2016, as Georgia Career and Technical Student Organizations Day at the state capitol.
Pursuant to HR 1538, the House congratulated the Commerce High School wrestling team on winning their third consecutive Class A Traditional State title.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 335. By Senators Black of the 8th, Hufstetler of the 52nd, Hill of the 6th, Jones of the 10th and Lucas of the 26th:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to revise provisions related to permissible investments in commingled funds and collective investment funds; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 15, 2016
2773
The report of the Committee, which was favorable to the 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton
Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E 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
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice 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 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 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 193. By Senators Bethel of the 54th, Stone of the 23rd, Kennedy of the 18th, Parent of the 42nd, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, so as to change
2774
JOURNAL OF THE HOUSE
penalty provisions relating to family violence battery; 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 Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, so as to change penalty provisions relating to family violence battery; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, is amended by revising subsection (f) as follows:
"(f)(1) As used in this subsection, the term 'household member' means If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense. (2) If the offense of battery is committed between household members, it shall constitute the offense of family violence battery and shall be punished as follows:
(1)(A) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; provided, however, that if the defendant has previously been convicted of a forcible felony committed between household members under the laws of this state, of the United States, including the laws of its territories, possessions, or dominions, or any of the several states, or of any foreign nation recognized by the United States, which if committed in this state would have constituted a forcible felony committed between household members, he or she shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years; and (2)(B) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. (3) In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
TUESDAY, MARCH 15, 2016
2775
The report of the Committee, which was favorable to the passage of the Bill, 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
2776
JOURNAL OF THE HOUSE
SR 730. By Senators Ligon, Jr. of the 3rd, Watson of the 1st and Jackson of the 2nd:
A RESOLUTION encouraging the Coastal Regional Commission and other entities to support implementation of the Coastal Georgia Greenway; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas
Clark, D N 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 Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo N 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 N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Harden N Harrell Y Hatchett
Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jasperse Y Jones, J
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 Lott Y Lumsden Y Mabra Y Marin N Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice N 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 Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin N Taylor, D Y Taylor, T N 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
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 149, nays 18.
TUESDAY, MARCH 15, 2016
2777
The Resolution, having received the requisite constitutional majority, was adopted.
SB 263. By Senators Thompson of the 14th, Harper of the 7th, Bethel of the 54th, Mullis of the 53rd, Shafer of the 48th 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 officers and agencies, so as to provide that the governing authority of each municipality and county in this state and each board of education which employs sworn police officers who are P.O.S.T. certified may adopt policies under which such sworn officers, upon their retirement or upon leaving such employment as a result of a disability arising in the line of duty, may retain his or her weapon and badge; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant N Buckner
Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D E Casas
Y 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 N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming
Floyd N Fludd N Frazier Y Frye N Gardner Y Gasaway
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley
Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L N Jones, S N Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra N Marin
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland
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 Y Wilkinson Y Willard
2778
JOURNAL OF THE HOUSE
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gilligan Y Glanton Y Golick N Gordon Y Gravley Y Greene
Y Martin Y Maxwell E Mayo Y McCall N McClain Y Meadows
Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 123, nays 46.
The Bill, having received the requisite constitutional majority, was passed.
SR 558. By Senators Mullis of the 53rd, Harbison of the 15th, Harper of the 7th, Burke of the 11th, Watson of the 1st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the proceeds of excise taxes on the sale of fireworks in this state be dedicated to the funding of trauma care, fire services, burn treatment, and local public safety purposes in the State of Georgia; 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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner
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 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 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
TUESDAY, MARCH 15, 2016
2779
Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 adoption of the Resolution, the ayes were 169, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
Representative Randall of the 142nd assumed the chair.
SB 336. By Senators Black of the 8th, Hufstetler of the 52nd, Jones of the 10th and Lucas of the 26th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 47 of the O.C.G.A., related to retirement plans of the Georgia Municipal Employees Benefit System, so as to permit governing bodies of municipal corporations to enact plans or join a master plan by resolution in addition to ordinance; to designate a board of trustees for a master plan; to 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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 N Stover Y Strickland
2780
JOURNAL OF THE HOUSE
Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
Y Drenner Y Dudgeon Y Dukes Y Dunahoo
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Jackson 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 Lott Y Lumsden Y Mabra Y Marin N Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
N Pezold Y Pirkle Y Powell, A Y Powell, J N Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice 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 163, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
SB 206. By Senator Ligon, Jr. of the 3rd:
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 revise provisions relating to water liens; to provide for procedures for water liens, amended water liens, and cancellation of water liens and the forms therefor; to provide for bonds; to provide for contest of liens; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for
TUESDAY, MARCH 15, 2016
2781
a procedure to obtain information regarding moneys owed for water supplied to certain real property under certain circumstances; 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. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by revising Code Section 36-60-17, relating to water supplier's cut off of water to premises because of indebtedness of prior owner, occupant, or lessee prohibited, as follows:
"36-60-17. (a) No public or private water supplier shall refuse to supply water to any single or multifamily residential property to for which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new resident tenant of the premises such property because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water supplier for water previously furnished to such premises property. (b) For each new or current account to supply water to any premises or property, the public or and private water supplier suppliers shall maintain a record of identifying information on the user of applicant for the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges.
(c)(1) Any real property owner or tenant, person having executed a contract for the purchase or occupancy of real property, attorney closing a real estate transaction for the purchase of real property, or lender considering the loan of funds to be secured by real property shall be entitled upon request to a statement from a public or private water supplier setting forth the amount of water charges currently and past due and any late charges and interest applicable for water supplied to such property. Such request shall:
(A) Be in writing; (B) State the address of the real property for which water was supplied; (C) Be delivered to the billing address of the public or private water supplier by certified mail, return receipt requested, statutory overnight delivery, or electronic means if electronic communication is permitted by such supplier; and (D) State a return address or e-mail address to which the statement reflecting the moneys owed is to be directed. (2) Any request transmitted by electronic means shall be considered received on the first business day following such transmission. (3) The public or private water supplier shall furnish such statement to the requestor by certified mail, return receipt requested, statutory overnight delivery, or electronic means if electronic communication is provided by the requestor within ten business
2782
JOURNAL OF THE HOUSE
days of receipt of such request. Such supplier may charge a fee not to exceed $10.00 to provide the requested information. (4) The failure of the public or private water supplier to provide such statement within such ten business day period shall:
(A) Cause any lien for unpaid charges provided by this Code section to be extinguished and to be of no force or effect as to the title acquired by the purchaser or lender, if any, and their respective successors and assigns in the transaction contemplated in connection with such request; and (B) Prevent the public or private water supplier from denying water services to the new real property owner or tenant. (5) The information specified in the public or private water supplier's statement shall be binding upon the public or private water supplier as of the date of the statement and for 30 days thereafter. When payment in full is tendered within such 30 day period, it shall extinguish any lien by operation of law which the public or private water supplier may have against such property. (c)(d) A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges and shall not deny water services when such a lien has been extinguished. (e) This Code section shall not apply to associations that are subject to Article 3 of Chapter 3 of Title 44 which supply water. (d)(f) A public or private supplier of gas, sewerage service, or electricity shall not impose a lien against real property to secure unpaid charges for gas, sewerage service, or electricity unless the owner of such real property is the person who incurred the charges."
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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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
TUESDAY, MARCH 15, 2016
2783
Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick
Gordon Y Gravley Y Greene
Y Howard Y Hugley
Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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.
The Speaker announced the House in recess until 1:15 o'clock, this afternoon.
2784
JOURNAL OF THE HOUSE
AFTERNOON SESSION
The Speaker called the House to order.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 327 Do Pass, by Substitute
Respectfully submitted, /s/ Greene of the 151st
Secretary
The following Resolutions of the House were read and adopted:
HR 1721. By Representatives Carter of the 92nd, Dawkins-Haigler of the 91st and Kendrick of the 93rd:
A RESOLUTION honoring Dr. Antoinette G. Alvarado for receiving the 2016 Georgia NOBEL Women Award; and for other purposes.
HR 1722. By Representatives Ehrhart of the 36th, Williams of the 119th, Rogers of the 29th, Quick of the 117th, Frye of the 118th and others:
A RESOLUTION recognizing and commending the University of Georgia Department of Public Administration and Policy and marking the 50th anniversary of the Masters of Public Administration Program; and for other purposes.
HR 1723. By Representatives Dollar of the 45th, Wilkinson of the 52nd, Cooper of the 43rd, Jones of the 53rd, Price of the 48th and others:
A RESOLUTION recognizing March 15, 2016, as Atlanta Junior Rowing Association Day at the capitol; and for other purposes.
TUESDAY, MARCH 15, 2016
2785
HR 1724. By Representative Parrish of the 158th:
A RESOLUTION honoring the life and memory of Mr. George F. Hostilo III; and for other purposes.
HR 1725. By Representatives Thomas of the 56th, Stovall of the 74th, Bruce of the 61st, Jones of the 53rd, Fludd of the 64th and others:
A RESOLUTION recognizing Nathaniel Bronner; and for other purposes.
HR 1726. By Representatives Thomas of the 56th, Bruce of the 61st, Jones of the 53rd, Metze of the 55th and Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Commissioner Emma I. Darnell; and for other purposes.
HR 1727. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Stuart Perry; and for other purposes.
HR 1728. By Representatives Thomas of the 56th, Bruce of the 61st, Smyre of the 135th, Jones of the 53rd, Beasley-Teague of the 65th and others:
A RESOLUTION recognizing and commending Rita Jackson Samuels; and for other purposes.
HR 1729. By Representatives Parrish of the 158th, England of the 116th, Jasperse of the 11th, Smith of the 134th, Williams of the 119th and others:
A RESOLUTION honoring the life and memory of Charles Allen Nasworthy; and for other purposes.
HR 1730. By Representatives Thomas of the 56th, Bruce of the 61st and Jones of the 53rd:
A RESOLUTION recognizing and commending Bishop Barbara Lewis King; and for other purposes.
HR 1731. By Representatives Thomas of the 56th, Bruce of the 61st and Jones of the 53rd:
2786
JOURNAL OF THE HOUSE
A RESOLUTION recognizing and commending Dr. Joyce Dorsey; and for other purposes.
HR 1732. By Representative Thomas of the 56th:
A RESOLUTION recognizing Greg Fann; and for other purposes.
HR 1733. By Representative Thomas of the 56th:
A RESOLUTION recognizing and commending Ivory Lee Young, Jr.; and for other purposes.
HR 1734. By Representative Thomas of the 56th:
A RESOLUTION recognizing and commending Donata Russell Major; and for other purposes.
HR 1735. By Representative Thomas of the 56th:
A RESOLUTION recognizing and commending Marvin S. Arrington, Jr., the District 5 Fulton County Commissioner; and for other purposes.
HR 1736. By Representative Thomas of the 56th:
A RESOLUTION recognizing and commending Councilman Andre D. Dickens; and for other purposes.
HR 1737. By Representative Thomas of the 56th:
A RESOLUTION recognizing Lillie P. Allen; and for other purposes.
HR 1738. By Representative Thomas of the 56th:
A RESOLUTION recognizing Joyce Littel; and for other purposes.
HR 1739. By Representative Thomas of the 56th:
A RESOLUTION recognizing and commending Marvin S. Arrington; and for other purposes
HR 1740. By Representative Thomas of the 56th:
A RESOLUTION recognizing Karl Webster Barnes; and for other purposes.
TUESDAY, MARCH 15, 2016
2787
HR 1741. By Representatives Thomas of the 56th, Jones of the 53rd, Bruce of the 61st, Beasley-Teague of the 65th and Metze of the 55th:
A RESOLUTION recognizing and commending Reverend Jasper W. Williams, Jr.; and for other purposes.
HR 1742. By Representative Thomas of the 56th:
A RESOLUTION recognizing and commending the Proctor Creek Stewardship Council; and for other purposes.
HR 1743. By Representative Thomas of the 56th:
A RESOLUTION recognizing Drewnell Thomas; and for other purposes.
HR 1744. By Representatives Thomas of the 56th, Stovall of the 74th, Jones of the 53rd, Metze of the 55th and Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Kwanza Hall; and for other purposes.
HR 1745. By Representatives Stephens of the 164th, Sims of the 123rd, Greene of the 151st and Evans of the 42nd:
A RESOLUTION commending the Georgia Aquarium and recognizing the facility's ten-year anniversary; and for other purposes.
HR 1746. By Representatives Thomas of the 56th, Stovall of the 74th, Bruce of the 61st, Jones of the 47th and Wilkinson of the 52nd:
A RESOLUTION recognizing Dan T. Cathy; and for other purposes.
HR 1747. By Representatives Thomas of the 56th, Stovall of the 74th, Jones of the 53rd and Beasley-Teague of the 65th:
A RESOLUTION recognizing Commissioner Joan Garner; and for other purposes.
HR 1748. By Representatives Stovall of the 74th, Thomas of the 56th, Carter of the 92nd, Jones of the 53rd and Scott of the 76th:
A RESOLUTION recognizing and commending the National Hookup of Black Women, Inc., Atlanta Metro Chapter; and for other purposes.
2788
JOURNAL OF THE HOUSE
HR 1749. By Representative Thomas of the 56th:
A RESOLUTION recognizing Yafah B. Israel; and for other purposes.
HR 1750. By Representatives Thomas of the 56th, Jones of the 53rd, Kidd of the 145th and Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Jerry Tucker; and for other purposes.
HR 1751. By Representatives Thomas of the 56th, Stovall of the 74th, Jones of the 53rd, Metze of the 55th and Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Joseph Hudson; and for other purposes.
HR 1752. By Representative Cheokas of the 138th:
A RESOLUTION honoring the life and memory of Mr. Mike Lamar Moon; and for other purposes.
HR 1753. By Representatives McClain of the 100th, Prince of the 127th, Duncan of the 26th, Beasley-Teague of the 65th and Smyre of the 135th:
A RESOLUTION recognizing Michael Douglas and commending the Harlem Legends on the occasion of their 25th anniversary; and for other purposes.
HR 1754. By Representatives Jasperse of the 11th, Ballinger of the 23rd, Hitchens of the 161st, Lumsden of the 12th, England of the 116th and others:
A RESOLUTION recognizing and commending Leonard "Lenny the Penny" Taylor for his outstanding public service as a Georgia State Capitol Safety Officer; and for other purposes.
HR 1755. By Representative Ralston of the 7th:
A RESOLUTION commending the House Interns for the 2016 Regular Session; and for other purposes.
TUESDAY, MARCH 15, 2016
2789
HR 1756. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Jonathan Crowder, outstanding Georgia citizen and Eagle Scout; and for other purposes.
HR 1757. By Representatives Williams of the 119th, Quick of the 117th, Smith of the 134th and Tankersley of the 160th:
A RESOLUTION congratulating Chairman Melvin Davis on the grand occasion of his retirement; and for other purposes.
By unanimous consent, the following Bill of the Senate was postponed until the next legislative day:
SB 331. By Senators Thompson of the 14th, Hill of the 32nd, Cowsert of the 46th, McKoon of the 29th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 15-11-2 and Title 19 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code and domestic relations, respectively, so as to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for terminating parental rights; to revise definitions; to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for losing parental rights and is relevant in certain adoption proceedings; 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 Senate were taken up for consideration and read the third time:
SB 364. By Senators Tippins of the 37th, Sims of the 12th, Wilkinson of the 50th, Shafer of the 48th, Cowsert of the 46th 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 annual teacher, principal, and assistant principal evaluations; to revise provisions relating to student assessment; to provide for related matters; to repeal conflicting laws; and for other purposes.
2790
JOURNAL OF THE HOUSE
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to annual teacher, principal, and assistant principal evaluations; to revise provisions relating to student assessments; to provide for mastery in reading by the end of third grade and mastery in basic math skills by the end of fifth grade; to provide for complaints on procedural deficiencies in conducting evaluations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (b) of Code Section 20-2210, relating to annual performance evaluations, as follows:
"(b)(1) No later than the 2014-2015 school year, each local school system and all charter schools shall implement an evaluation system as adopted and defined by the State Board of Education for elementary and secondary school teachers of record, assistant principals, and principals. The evaluation system shall be developed by the department in consultation with stakeholders, such as teachers and principals. The evaluation system shall use multiple measures, prioritizing growth in student achievement as specified in this subsection. For purposes of the evaluation system established pursuant to this subsection, the state board shall define and designate teachers of record, assistant principals, and principals; provided, however, that growth in student achievement shall not include the test scores of any student who has not been in attendance for a specific course for at least 90 percent of the instructional days for such course. (2) Teachers of record, assistant principals, and principals shall be evaluated using multiple, rigorous, and transparent measures. Beginning with the 2014-2015 school year, teachers of record, assistant principals, and principals shall be given written notice in advance of the school year of the evaluation measures and any specific indicators that will be used to evaluate them. Evaluation measures shall include the following elements:
(A) For teachers of record who teach courses that are subject to annual state assessments aligned with state standards and the principals and assistant principals of elementary or secondary schools that are subject to such assessments, growth in student achievement on such assessments shall count for at least 50 percent of the evaluation, using the student growth and academic achievement measures identified in the evaluation system;
TUESDAY, MARCH 15, 2016
2791
(B) For teachers of record who teach courses not subject to annual state assessments, growth in student achievement shall be assessed through measures of student achievement growth developed at the school system level and approved by the Department of Education. When sufficient data becomes available from the department to calculate student achievement growth measures, such measures of student achievement growth shall count for at least 50 percent of the evaluation, using student growth and academic achievement measures developed by the school system in a process approved by the State Board of Education; (C) For teachers of record, the annual evaluation shall also include multiple additional measures that shall be correlated with impacts on student achievement results. These measures shall include multiple classroom observations each year by appropriately trained and credentialed evaluators, using clear, consistent observation rubrics, and supplemented by other measures aligned with student achievement, including student perception data and documentation of practice; and (D) For assistant principals and principals, the annual evaluation shall also include multiple additional measures that shall be aligned with impacts on student achievement results. These measures shall include multiple school observations each year by appropriately trained and credentialed evaluators. When sufficient data becomes available from the department to calculate performance measures, these measures shall also include the principal's ability to attract and retain highly effective teachers, effectively manage the school, and establish a positive climate for learning, and other measures aligned with student achievement for students in all subgroups. Reserved. (3) Teachers of record, assistant principals, and principals shall be evaluated using multiple, rigorous, and transparent measures. Teachers of record, assistant principals, and principals shall be given written notice in advance of the school year of the evaluation measures and any specific indicators that will be used to evaluate them. Beginning with the 2016-2017 school year, evaluation measures shall include the following elements: (A) For teachers of record who teach courses that are subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following:
(i) Student growth, based on student scores on the annual state assessment, shall count for 30 percent of the evaluation; (ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and
2792
JOURNAL OF THE HOUSE
(iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation. (B) For teachers of record who teach courses that are not subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following: (i) Student growth shall count for 30 percent of the evaluation. Student growth shall include at least one student growth measure and may utilize other student growth indicators, including the school or local school system total score on the annual state assessments, as allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract for at least one classroom for each teacher of record who teaches courses that are not subject to annual state assessments aligned with state standards. This provision shall not be construed to require the measurement of student growth for every student taking courses that are not subject to annual state assessments aligned with state standards; (ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and (iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation. (C) For principals and assistant principals, the evaluation shall be composed of the following: (i) Student growth, based on the school score on annual state assessments, shall count for 40 percent of the evaluation; (ii) School climate shall count for 10 percent of the evaluation; (iii) A combination of achievement gap closure, Beat the Odds, and College and Career Readiness Performance Index data, as allowed by the flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, shall count for 20 percent of the evaluation; and (iv) The results of evaluations, observations, and standards of practice shall count for 30 percent of the evaluation. (3)(4) The evaluation system adopted by the State Board of Education shall give every teacher of record, assistant principal, and principal one of four rating levels that are designated as 'Exemplary,' 'Proficient,' 'Needs Development,' or 'Ineffective,' as further defined by the State Board of Education. A rating of 'Ineffective' shall constitute evidence of incompetency as provided by paragraph (1) of subsection (a) of
TUESDAY, MARCH 15, 2016
2793
Code Section 20-2-940. Each teacher of record, assistant principal, and principal shall be evaluated on his or her own individual merits and neither the State Board of Education, a local school system, nor a charter school shall impose or require any quota system or predetermined distribution of ratings for teachers of record, assistant principals, or principals. (4)(5) All teachers of record, assistant principals, and principals shall have a preevaluation conference, midyear evaluation conference, and a summative evaluation conference, in accordance with state board rules. All teachers of record, assistant principals, and principals shall be notified of and have access to the results of the annual summative performance evaluation and any formative observations conducted throughout the school year pursuant to this subsection within five ten working days of such evaluation or observations. A teacher of record, assistant principal, or principal, or an evaluator of any such individuals, may request a conference within ten working days of notice of results of a formative observation and such conference shall be provided within ten working days of the request. Conferences shall include the individual being evaluated, his or her supervisor, and the evaluator, unless otherwise agreed upon. For teachers of record, the annual evaluation shall include multiple classroom observations conducted each year by appropriately trained and credentialed evaluators, using clear, consistent observation rubrics, and supplemented by other measures aligned with student achievement and professional growth. A local school system or charter school may include in its flexibility contract, or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, a provision for a tiered evaluation system, in which reduced observations of certain teachers of record may be conducted to provide additional time for evaluators to coach and mentor new teachers and teachers with a performance rating of 'Needs Development' or 'Ineffective' pursuant to paragraph (4) of this subsection on a pathway of continuous improvement. For the evaluation of teachers of record with a minimum of three years' teaching experience and a performance rating of 'Proficient' or 'Exemplary' pursuant to paragraph (4) of this subsection in the previous school year, the local school system or charter school, in its discretion, shall require no less than two classroom observations and one summative evaluation for the school year. (5)(6) In order to ensure proper implementation of the evaluation system developed pursuant to this Code section, the Department of Education shall:
(A) Establish processes and requirements to determine the teacher of record for purposes of assigning student achievement scores to a teacher in evaluating the teacher's performance; (B) Establish processes for roster verification and student teacher linkages in order to assign the student's achievement scores to the teacher for the purposes of evaluating the teacher's performance; (C) Establish minimum training and credentialing requirements for evaluators of teachers and principals; and
2794
JOURNAL OF THE HOUSE
(D) Provide data systems to support the professional growth of teachers and leaders and facilitate human capital management. (7) As used in this subsection, the term 'flexibility contract' means a charter for a charter system or a charter school or a contract entered into with the State Board of Education for a strategic waivers school system."
SECTION 2. Said article is further amended by revising Code Section 20-2-281, relating to student assessments, 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. The student assessment program shall include a comprehensive summative assessment program for grades three through 12. In addition, each local school system shall administer, with state funding, a research based formative assessment with a summative component that is tied to performance indicators in English, language arts/reading, and mathematics in grades one and two, subject to available appropriations. 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 instruments. Further, the State Board of Education 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. Each local school system is strongly encouraged to develop and implement a program of multiple formative assessment and intervention assessments in reading and mathematics for kindergarten through third grade and mathematics for kindergarten through fifth grade to ensure that students entering sixth grade are on track to meet grade-level expectations, including mastery in reading by the end of third grade to prepare for the infusion of literacy in subsequent grades and mastery in basic mathematics skills by the end of fifth grade and in accordance with the local school system's five-year strategic plan, performance indicators, and, if applicable, flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract. The State Board of Education shall periodically review, revise, and upgrade the content standards. Following the adoption of such content standards, the State Board of Education shall contract for development of end-of-grade assessments to measure the content standards. Such As part of the comprehensive summative assessment program, end-of-grade assessments in English, language arts/reading, and mathematics 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 five and eight. These tests shall contain features that allow for
TUESDAY, MARCH 15, 2016
2795
comparability to other states with whom establishing 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. Further, as part of the comprehensive summative assessment program, the State Board of Education shall adopt and administer, through the Department of Education, end-of-course assessments for students in grades nine through 12 for all core subjects, as determined by the state board. Writing performance shall be 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. Such required writing performance assessment may be embedded within the assessments included in the comprehensive summative assessment program. Writing performance results shall be provided to students and their parents. If authorized by federal law, the Department of Education may establish a pilot program for local school systems that have an existing program of multiple formative assessments during the course of the academic year that result in a single summative score that is valid and reliable in measuring individual student achievement or growth and assessing individual student needs or deficiencies, to utilize such local assessments in place of end-of-grade or end-of-course assessments, if provided for in the terms of the local school system's flexibility contract. As used in this subsection, the term 'flexibility contract' means a charter for a charter system or a charter school or a contract entered into with the State Board of Education for a strategic waivers school system. (b) The nationally 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 instruments. End-ofgrade assessments shall provide for results that reflect student achievement at the individual student, classroom, school, system, 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
2796
JOURNAL OF THE HOUSE
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 end-of course assessments and other instruments 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. Such regulations shall further provide for appropriate accommodations in the administration of such test. 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 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 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 subsections subsection (a) and (f) of this Code section, even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. Such alternate assessments shall be aligned with alternate academic achievement standards that have been adopted through a documented and validated standards-setting process, for students with the most significant cognitive disabilities, provided those standards are aligned with the state standards established pursuant to Code Section 20-2-140 and promote access to the general education curriculum, consistent with the federal Individuals with Disabilities Education Act. The State Board of Education shall ensure that any alternate assessments developed or adopted pursuant to this subsection are in compliance with applicable federal law, but do not impose requirements in excess of such federal law in a manner that unduly burdens a local school system or that does not benefit students with the most significant cognitive disabilities. (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.
TUESDAY, MARCH 15, 2016
2797
(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, each such student's Individualized Education Program team shall 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 end-of-grade assessment and each end-of-course assessment administered under subsection (a) of this Code section and each end-ofcourse assessment administered under subsection (h) of this Code section after the last time 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. By the 2015-2016 school year, the State Board of Education shall make all end-of-course assessments available for administration 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 end-of-grade assessments and end-of-course assessments administered pursuant to subsections subsection (a) and (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) 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) 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. 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. (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.
2798
JOURNAL OF THE HOUSE
(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 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 an ACCUPLACER score approved by the State Board of Education when considering whether to grant such student a variance or a waiver of one or more end-of-course assessments or other instruments required by the State Board of Education pursuant to subsection (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 end-of-course assessment or assessments at least four times. (r) In order to maximize classroom instruction time, the State Board of Education shall study and adopt policies beginning with the 2017-2018 school year that will move the end-of-grade and end-of-course assessment testing windows as close to the end of the school year or semester as possible. The Department of Education shall prepare and submit a report to the House Committee on Education and the Senate Education and Youth Committee no later than December 31, 2016, regarding proposed policies and obstacles that prevent testing windows from being scheduled later in the school year or semester. Local school systems are strongly encouraged to administer any such state required assessments within the last week of the school system's midyear semester, for assessments administered at the end of a midyear semester, and within the last two weeks of the school year for the school system, for assessments administered at the end of the academic year. (s) All assessments adopted or developed by the State Board of Education pursuant to this Code section shall be verified for reliability and validity by a nationally recognized, research based, third-party evaluator."
TUESDAY, MARCH 15, 2016
2799
SECTION 3.
Said chapter is further amended by revising subsection (a) of Code Section 20-2-989.7, relating to matters not subject to complaint, as follows:
"(a) The performance ratings contained in personnel evaluations conducted pursuant to Code Section 20-2-210, professional development plans, and job performance shall not be subject to complaint under the provisions of this part; provided, however, this shall not apply to procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210. The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940, and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-984.5, shall not be subject to complaint under the provisions of this part."
SECTION 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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson
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 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 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 Lott
E Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 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
2800
JOURNAL OF THE HOUSE
Y Carter, A Y Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 402. By Senators Mullis of the 53rd, Burke of the 11th, Harper of the 7th and Watson of the 1st:
A BILL to be entitled an Act to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide for a moratorium on the issuance of new licenses to narcotic treatment programs; to create the State Commission on Narcotic Treatment Programs; to provide legislative findings and intent; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the acceptance of applications and issuing of licenses for narcotic treatment programs for a certain period; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide for a temporary moratorium on the issuance of new applications for licensure of narcotic treatment programs; to create the State Commission on Narcotic Treatment Programs; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the acceptance of applications for licensure of narcotic treatment programs for a certain period; to provide for exceptions; to provide legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 15, 2016
2801
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. With respect to the licensure of narcotic treatment programs in this state, the General Assembly finds that:
(1) There is a vital need for narcotic treatment programs that provide adequate medical, counseling, vocational, educational, mental health assessment, and social services to patients enrolled in the narcotic treatment program with the goal of the individual achieving recovery; (2) There is a growing concern as to the numbers and concentration of narcotic treatment programs located in certain parts of this state and that concentration of such narcotic treatment programs is in cities along Georgia's borders with neighboring states; (3) There are reported and documented increases in heroin addiction and overdoses throughout this state; (4) There is a grave concern over the public's well-being concerning the potential abuses of methadone and its relationship to geographic proximity, the population being served, and whether patients are receiving adequate treatment; (5) Georgia is eighth in population but third nationally in the number of narcotic treatment programs; and (6) There is a need to study the narcotic treatment program licensure requirements and enforcement and other issues that may arise out of this study.
SECTION 2. Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, is amended by adding a new Code section to read as follows:
"26-5-21. (a) There is created the State Commission on Narcotic Treatment Programs to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; three members of the Senate to be appointed by the President of the Senate; five members to be appointed by the Governor to include the commissioner of community health or his or her designee, the commissioner of behavioral health and developmental disabilities or his or her designee, and three members who represent a cross section of interests of narcotic treatment program owners, pharmacists, and law enforcement. The Speaker of the House of Representatives and the President of the Senate shall each select a cochairperson. The cochairpersons shall call all meetings of the commission. Administrative support for the commission shall be provided by the staff of the Department of Community Health, as appropriate. (b) The legislative members of the commission shall be entitled to receive the compensation and allowances provided for in Code Section 28-1-8. Members of the commission who are state officials, other than legislative members, or state employees
2802
JOURNAL OF THE HOUSE
shall receive no compensation for their services on the commission but may be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. Members of the commission 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 457-21, as well as the mileage or transportation allowance authorized for state employees, and the funds for payment thereof shall come from funds of the Department of Community Health. (c) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. (d) The commission shall perform the following by December 31, 2016:
(1) Examine the current narcotic treatment program licensure requirements for adequacy; (2) Assess how the current licensure requirements and enforcement of such requirements meet the purpose of providing adequate medical, counseling, vocational, educational, mental health assessment, and social services to patients enrolled in these programs and how these programs can be assessed for meeting the narcotic treatment program goal of the individual achieving recovery; (3) Determine if the geographic service areas are reasonable and based on an optimal balance between population density and service proximity and whether the sociodemographic in the service area and the projected population to receive services are being considered; (4) Determine the cause and effect of hospital admittance for overdose and incidents of suicide, if any, in relation to the adequate licensure and oversight of these programs; (5) Determine what legislative changes need to be made to licensure requirements of narcotic treatment programs or any other changes to the law to address concerns that arise out of this study; and (6) Solicit expert testimony on the efficacy of nonnarcotic, medically assisted treatments for narcotic dependence. (e) A temporary moratorium on the acceptance of new applications for licensure of narcotic treatment programs authorized under this chapter through June 30, 2017, would provide the General Assembly with time to study the need for any changes to the licensure requirements for the operation of such programs and the enactment of any other additional laws to ensure the safety of Georgia's citizens. New applications for licensure of narcotic treatment programs in this state shall be temporarily suspended starting from the effective date of this Code section through and including June 30, 2017, in order to permit the commission to complete its report and recommendations and to permit the General Assembly to act on those recommendations during the 2017 legislative session.
TUESDAY, MARCH 15, 2016
2803
(f) Between the effective date of this Code section and June 30, 2017, the department shall not accept any new applications for licensure of narcotic treatment programs. (g) The temporary suspension of new applications for licensure of narcotic treatment programs shall not affect applications pending on the effective date of this Code section, program renewals, program name changes, program location changes, or program ownership changes. (h) The commission shall stand abolished on January 1, 2017."
SECTION 3. This Act shall become effective on June 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.
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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D E Casas
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 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 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 Lott Y Lumsden Y Mabra Y Marin
E Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
2804
JOURNAL OF THE HOUSE
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Martin Y Maxwell E Mayo Y McCall Y McClain Y Meadows
Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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.
SB 269. By Senators Stone of the 23rd, Heath of the 31st, Thompson of the 14th, Ligon, Jr. of the 3rd, Martin of the 9th and others:
A BILL to be entitled an Act to amend Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to the prohibition on immigration sanctuary policies by local governmental entities, so as to require local governing bodies to provide certain entities with a certification of compliance with such Code section as a condition of funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton N Bennett, K N Bennett, T
Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J
Y Cooke Y Coomer Y Cooper Y Corbett Y 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
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 Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd
E Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
N Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre Y Spencer N Stephens, M Y Stephens, R N 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 N Waites
TUESDAY, MARCH 15, 2016
2805
Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fleming Floyd
N Fludd N Frazier
Frye N Gardner Y Gasaway Y Gilligan N Glanton Y Golick N Gordon Y Gravley Y Greene
Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell E Mayo Y McCall N McClain Y Meadows
N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson E Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 118, nays 52.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Resolution of the Senate was postponed until the next legislative day:
SR 954. By Senators Jeffares of the 17th, Jones of the 25th, Kennedy of the 18th, Kirk of the 13th, Bethel of the 54th and others:
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 Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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 417 Do Pass, by Substitute
Respectfully submitted, /s/ Stephens of the 164th
Chairman
2806
JOURNAL OF THE HOUSE
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 310 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 85 SB 145 SB 323
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Rynders of the 152nd
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 18 Do Pass, by Substitute
TUESDAY, MARCH 15, 2016
2807
Respectfully submitted, /s/ Rogers of the 29th
Chairman
Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 255 Do Pass, by Substitute SB 345 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 369 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 Senate and has instructed me to report the same back to the House with the following recommendations:
2808
JOURNAL OF THE HOUSE
SB 258 SB 379 SR 604
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Powell of the 171st
Chairman
Representative Burns of the 159th 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 16, 2016
2809
Representative Hall, Atlanta, Georgia
Wednesday, March 16, 2016
Thirty-Eighth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Atwood Ballinger Barr Battles E Beasley-Teague Belton Bennett, K Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell Carson Carter, A Carter, D 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 E Floyd E Fludd Frazier Frye Gasaway Gilligan Glanton Golick Gordon Gravley Greene
Harden Harrell Hatchett Hawkins E Henson E Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L E Jones, S Jordan Kaiser Kelley Kendrick Kidd Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell E Mayo McCall McClain
Meadows Metze Mitchell Morris Mosby Nimmer Nix Oliver Pak Parrish Parsons Petrea Pezold Pirkle Powell, A Powell, J Price Prince E Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw
Sims Smith, E Smith, L Smith, R Spencer Stephens, M Stephens, R Stovall E 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 Dukes of the 154th, Gardner of the 57th, Kirby of the 114th, Peake of the 141st, and Randall of the 142nd.
2810
JOURNAL OF THE HOUSE
They wished to be recorded as present.
Prayer was offered by Reverend Avery Headd, Pastor, Poplar Hill Baptist Church, Buford, 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 Bill and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 1156. By Representative Mabra of the 63rd:
A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for environmental citizen suit enforcement actions; to provide for a short title; to provide definitions; to provide for procedures and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
WEDNESDAY, MARCH 16, 2016
2811
HR 1720. By Representatives Coomer of the 14th and Rogers of the 10th:
A RESOLUTION honoring the life of Mr. Frank Cathey and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee:
HR 1782. By Representatives Werkheiser of the 157th and Nimmer of the 178th:
A RESOLUTION creating the House Study Committee on Coal Ash; and for other purposes.
Referred to the Committee on Special Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1148 HB 1150 HB 1152 HB 1154 HR 1718 SB 241
HB 1149 HB 1151 HB 1153 HB 1155 HR 1719 SB 426
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 1080 HB 1145 HB 1147 SB 421
Do Pass Do Pass Do Pass Do Pass, by Substitute
HB 1143 HB 1146 SB 377 SB 425
Do Pass Do Pass Do Pass, as Amended Do Pass
2812
JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety and Homeland Security has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 270 SB 320 SB 416
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 16, 2016
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
Modified Open Rule
HR 1253 HR 1342 HR 1382
SB 243
Local boards of education; instruction on dugout safety to youth athletes participating in baseball; encourage (Ed-Sharper-177th) Education; school children; request more recess time (Ed-Douglas-78th) Community Health, Department of; create and seek the counsel of a State Health Benefit Plan Customer Advisory Council; encourage (H&HSBuckner-137th) Georgia Judicial Retirement System; preservation of rights by certain persons; change certain provisions (Ret-Battles-15th) Hill-4th
WEDNESDAY, MARCH 16, 2016
2813
SR 1027 SR 1038
Joint Music Economic Development Study Committee; create (Substitute)(SRules-Reeves-34th) Mullis-53rd Joint Alternative Fuels Infrastructure Study Committee; create (Substitute)(SRules-Harrell-106th) Mullis-53rd
Modified Structured Rule
HR 1343 SB 208
United States Environmental Protection Agency; withdraw the proposed Waters of the United States Clean Water Plan rule; encourage (Substitute)(NR&E-McCall-33rd) Stonecrest, City of; provide for a charter (Substitute)(GAff-DawkinsHaigler-91st) Ramsey, Sr.-43rd
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, having been previously postponed, was again postponed until the next legislative day:
HB 1131. By Representatives Gardner of the 57th, Kaiser of the 59th, Metze of the 55th, Abrams of the 89th, Bennett of the 80th and others:
A BILL to be entitled an Act to provide for the levy of a retail sales and use tax by the City of Atlanta for the purpose of providing public transportation of passengers for hire in the metropolitan area of the City of Atlanta; to provide for definitions; to provide for procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such purposes; to provide for a referendum; to provide for an additional referendum in certain instances; to provide for a limitation on the collection of a tax for transportation purposes in certain counties in certain instances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 1080. By Representatives Ramsey of the 72nd, Yates of the 73rd, Fludd of the 64th and Mabra of the 63rd:
2814
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to authorize the Magistrate Court of Fayette 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 repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1143. By Representatives Ballinger of the 23rd, Turner of the 21st, Carson of the 46th, Caldwell of the 20th and Cantrell of the 22nd:
A BILL to be entitled an Act to provide for the employment of marshals by Cherokee County; to provide for qualifications; to provide for powers; 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 1145. By Representatives Nix of the 69th, Trammell of the 132nd and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, so as to change the salaries of the judge of the state court and the solicitorgeneral of the state court; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1146. By Representatives Kendrick of the 93rd, Mayo of the 84th, Williams of the 87th, Carter of the 92nd, Oliver of the 82nd 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 the regulation of land use; to provide for the completion of an audit by an outside auditor; to provide for purchases without sealed bid through an existing contract or schedule with a county, municipality, the State of Georgia or the
WEDNESDAY, MARCH 16, 2016
2815
federal government; 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 1147. By Representatives Dickey of the 140th and Clark of the 147th:
A BILL to be entitled an Act to amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), as amended, particularly by an Act approved May 11, 2009 (Ga. l. 2009, p. 4149), so as to revise the provisions regarding staff of the authority; to provide for the manner of appointment of a director; to provide for the duties of the director; 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 377. By Senators Jeffares of the 17th and VanNess 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; to provide for related matters; to provide for an effective date and for severability; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
The Committee on Intragovernmental Coordination - Local moves to amend SB 377 (LC 28 7824ER) by inserting "consultants," after "architects," on line 70.
By deleting "contiguous" on line 95.
By inserting "consultants, accountants," after "attorneys," on line 384.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
SB 421. By Senators Butler of the 55th, Parent of the 42nd, Henson of the 41st, Davenport of the 44th and Jones of the 10th:
A BILL to be entitled an Act to create the DeKalb County Charter Review Commission; to provide for its membership, officers, purpose, meetings,
2816
JOURNAL OF THE HOUSE
hearings, functions, powers, expenses, and duties; to provide for a final report; to provide for the abolishment of such commission; to provide for definitions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To create the DeKalb County Charter Review Commission; to provide for its membership, officers, purpose, meetings, hearings, functions, powers, expenses, and duties; to provide for a final report; to provide for the abolishment of such commission; to provide for definitions; 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. Definitions.
(1) "Organizational Act" as used in this act refers to the Organizational Act of DeKalb County, Georgia, Georgia Laws 1981, p. 4301, et seq., and all properly enacted amendments thereto. (2) "Governing Authority" as used in this act refers to the governing authority of DeKalb County, Georgia, as defined in Section 1 of the Organizational Act. (3) Any reference to the members of the General Assembly from DeKalb County, or to members of either the Senate or House of Representatives from DeKalb County refers to members of both houses, or of the identified house, whose senatorial or representative districts lie wholly or partially in DeKalb County.
SECTION 2. Commission creation.
(1) There is hereby created the DeKalb County Government Charter Commission, hereinafter referred to as the "Commission." (2) It shall be the duty of the Commission to review the Organizational Act and to make such recommendations as the Commission deems appropriate to ensure that the government of DeKalb County, Georgia is:
(A) Representative of all of the citizens of DeKalb County; (B) Responsive to the needs and demands of the citizens of DeKalb County; (C) Delivers governmental services to all of the citizens of DeKalb County in an efficient and effective way; and
WEDNESDAY, MARCH 16, 2016
2817
(D) Considers all relevant and applicable forms of government. (3) It shall further be the duty of the Commission to make such recommendations as it may deem necessary to harmonize all parts of the Organizational Act. (4) The Commission shall refer to all previous studies of the DeKalb County government. It shall specifically consider the reports of the two previous Charter Commissions created by the General Assembly: the Local Government Commission (1954), the DeKalb County Government Reorganization Commission (1979); and the 2014 DeKalb Operations Task Force. (5) In addition to the foregoing resources, within budgetary limitations the Commission shall have complete authority to gather information from whatever source it deems necessary or appropriate to enable it to carry out its duties outlined in this Act. Officials and employees of the State of Georgia shall be authorized to provide information and assistance to the Commission to enable the Commission to carry out its duties under this Act. Should any official of the State of Georgia or DeKalb County refuse the reasonable request of the Commission, or undertake, directly or indirectly, to hinder the Commission in the proper performance of its duties, the Commission, by majority vote, may refer the matter to the Chief Judge of the Superior Court of DeKalb County who may be asked to order the information released. (6) The Commission, within budgetary limitations, shall hold such number of public meetings and hearings as the Commission deems necessary to obtain the opinions of the citizens of DeKalb County relative to the organization and functioning of the government of DeKalb County, and to inform the citizens of DeKalb County of the work of the Commission. The Commission shall hold at least one public hearing in each Commission District in DeKalb County. The Commission shall publicize the time, place, date and purpose of each such public hearing in advance of the date of such public hearing.
SECTION 3. Membership.
(1) Because a legitimate government can exist only by the consent of the governed, it is the intention of the General Assembly that the Commission shall be composed of twenty-one citizens of DeKalb County who have been residents of DeKalb County for at least one year immediately preceding the date of taking office and who remain residents of DeKalb County while in office who shall be selected as follows:
(A) One member shall be appointed by the board of directors of Leadership DeKalb; (B) One member shall be appointed by the DeKalb Bar Association, chosen from the attorney members of the association; (C) One member shall be appointed by the board of directors of the DeKalb County Chamber of Commerce; (D) One member shall be appointed by the DeKalb County branch of the NAACP;
2818
JOURNAL OF THE HOUSE
(E) One member shall be appointed by the Chief Executive; (F) Two members shall be appointed by a majority vote of the Board of Commissioners of DeKalb County; (G) Five members shall be appointed by a majority vote of the DeKalb County delegation in the House of Representatives of the General Assembly, provided that each member resides in a separate regular commission district of DeKalb County and only one may be a member of the DeKalb County delegation in the House of Representatives of the General Assembly; (H) Five members shall be appointed by a majority vote of the DeKalb County delegation in the Senate of the General Assembly, provided that each member resides in a separate regular commission district of DeKalb County and only one may be a member of the DeKalb County delegation in the Senate of the General Assembly; (I) One member shall be appointed by the DeKalb Municipal Association; (J) One member shall be appointed by the League of Women Voters of DeKalb; (K) One member shall be appointed by the DeKalb Republican Party; (L) One member shall be appointed by the DeKalb Democratic Party; and (M) The chairs of the DeKalb County delegation of the House of Representatives and Senate shall be members ex officio. (2) Each organization named in subparagraphs (A) through (L) of paragraph (1) of this section shall determine the manner in which said organization shall act to elect its respective member or members to the Commission; provided that each organization shall consider a prospective member's skills, knowledge, training, and experience which are directly related to the stated duties of the Commission. Each organization shall act to elect its respective member or members prior to July 1, 2016, and shall notify the respective chairs of the DeKalb County delegation in the House of Representatives and Senate of the names and addresses of those elected not later than July 1, 2016. (3) It shall be the duty of the respective chairs of the Senate and House legislative delegations from DeKalb County to timely call a meeting of the respective delegations at the State Capitol at least one week prior to July 1, 2016, and that members of the Commission shall be selected prior to July 1, 2016. (4) In the event any member of the Commission, without good cause, fails to attend three consecutive meetings of the Commission, the member's position on the Commission shall become vacant. After proper notice, the authority which originally elected or appointed the member shall fill the vacancy in the same manner. (5) Members shall serve without compensation, but, subject to budgetary limitations, the Commission may authorize reimbursement for travel expenses at not more than that rate per mile at which members of the General Assembly are reimbursed.
SECTION 4. Organization.
WEDNESDAY, MARCH 16, 2016
2819
(1) By August 1, 2016, from the list of names and addresses submitted to the Secretary of the Senate pursuant to Section 3 of this Act, it shall be the duty of the chair of the DeKalb Senate delegation to call an organizational meeting of the Commission. The chair of the DeKalb Senate delegation shall convene the meeting and shall preside until a chairperson is elected by majority vote, which election shall be the first order of business. Upon election, the chairperson shall become the presiding officer, and shall preside over the election of a vice chair, a secretary, and such other officers as the Commission deems necessary, by majority vote. (2) The chair shall have full authority to preside over meetings, to lead and direct the Commission and its activities, and act for the Commission when so authorized by the Commission. The vice chair shall have the same authority as the chair in the chair's absence. (3) Ten members of the Commission shall constitute a quorum for the transaction of business. However, any recommendation from the Commission to add, eliminate, modify or change any provision of the Organizational Act must be approved by a majority of the membership of the whole Commission. No vacancy on the Commission shall impair the authority of the Commission to carry out its duties under this Act. (4) Unless expressly provided herein to the contrary, the Commission shall have the authority to adopt by-laws, rules or regulations governing its own operation, and it may organize itself into such committees and sub-committees as it deems necessary and appropriate.
SECTION 5. Funding, expenses, and budget.
(1) The Funds necessary for the operation of the Commission may come from funds of DeKalb County, and it is hereby declared that the expenditure of such funds is for a public purpose and for a necessary governmental function. (2) Subject to budgetary limitations, the Commission shall be authorized to employ such staff and clerical personnel as may be necessary for it to efficiently and effectively carry out its duties and responsibilities under this Act. (3) As soon as practicable following its organization, the Commission shall prepare a budget, showing in detail anticipated expenditures for staff, employees, rent, equipment, supplies, printing, travel and other incidental expenses. DeKalb County is requested to financially assist in the operation of the Commission during its entire period of operation. The Carl Vinson Institute is also requested to assist in the operation of the Commission. If available, funds from other public sources may be utilized. (4) When prepared, the budget shall be submitted to the Governing Authority for approval. At any time prior to final approval, the budget may be returned to the Commission with comments. Once adopted, the budget may be amended from time
2820
JOURNAL OF THE HOUSE
to time, if necessary, but only any such amendment must be approved by the Governing Authority.
SECTION 6. Final report; commission abolished.
(1) The Commission shall complete its review and deliberations, and shall issue its final report to the General Assembly not later than October 1, 2017. (2) The final report shall set forth the Commission's recommendations for modifying or revising the Organizational Act, and shall include a detailed explanation of said plan, including an explanation of the plan for implementation of all changes proposed by the Commission. (3) A copy of the final report shall be presented to each Member of the General Assembly from DeKalb County. (4) During the month following the issuance of its final report, the Commission shall meet at least once with the members of the General Assembly from DeKalb County. The chair of the Commission shall coordinate the date, time and place of said meetings with the chairs of the Senate and House delegations, who shall issue the formal call of said meetings to the members of the respective delegations. (5) The Commission shall stand abolished at the end of the session of the General Assembly following the issuance of the Commission's final Report.
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 425. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to provide for a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to modify compensation and expenses, rules of procedure, a quorum, removal of the city manager, council interference with administration, and selection of the mayor and mayor pro tempore; to modify membership of boards, commissions, and authorities; to modify provisions for vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, MARCH 16, 2016
2821
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 Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y 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
Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd E Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick E Gordon Y Gravley Y Greene
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 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
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley
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
On the passage of the Bills, the ayes were 163, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
By unanimous consent, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
2822
JOURNAL OF THE HOUSE
SB 343. By Senator Parent of the 42nd:
A BILL to be entitled an Act to provide a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district 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.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell
Carson Y Carter, A Y Carter, D Y 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
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart England Y Epps Y Evans Y Fleming Y Floyd E Fludd Y Frazier Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Golick E Gordon Y Gravley Greene
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 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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish
Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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 E Waites Y Watson Y Welch Y Weldon
Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
WEDNESDAY, MARCH 16, 2016
2823
On the passage of the Bill, the ayes were 155, nays 1.
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 bills of the Senate and House:
SB 234. By Senators Beach of the 21st and Albers of the 56th:
A BILL to be entitled an Act to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4415), so as to change provisions relating to the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for annual increases in the discretion of the governing authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 424. By Senators Fort of the 39th, Tate of the 38th, Parent of the 42nd, Davenport of the 44th, Hill of the 6th 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 the rebate of excess public safety access assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 430. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved April 20, 2001 (Ga. L. 2001, p. 4414), so as to change the cost-of-living adjustment for the commissioner's compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.
2824
JOURNAL OF THE HOUSE
SB 431. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Cartersville 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.
SB 432. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of Bartow County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 433. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Emerson 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.
SB 434. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3817), so as to change provisions relating to cost-of-living adjustments to the compensation of the chief magistrate; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 435. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Adairsville 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.
WEDNESDAY, MARCH 16, 2016
2825
SB 436. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 4046), so as to change provisions relating to cost-ofliving adjustments to the compensation of the clerk of the superior court; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 739. By Representatives Tanner of the 9th, Dudgeon of the 25th, Brockway of the 102nd, Rice of the 95th, Harrell of the 106th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the state recommendation process for instructional materials and content is optional; to require a review and recommendation process for locally approved instructional materials and content; to provide for public review of proposed and approved instructional materials and content; to provide for the designation of a school system coordinator; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 775. By Representatives Ehrhart of the 36th and Meadows of the 5th:
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 provide for restrictions on the sale and dispensing of spectacles; to provide for definitions; to provide for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 777. By Representatives Dudgeon of the 25th, Coleman of the 97th and Parsons of the 44th:
A BILL to be entitled an Act to amend Code Section 40-6-165 of the Official Code of Georgia Annotated, relating to operation of school buses, so as to allow school bus drivers to use cellular telephones in a similar manner as a two-way radio; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 815. By Representatives Rhodes of the 120th, McCall of the 33rd, Broadrick of the 4th, Williams of the 119th, Knight of the 130th and others:
2826
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to meat inspection, so as to provide for the inspection and regulation of certain avian meat products and facilities related to the processing of such products for human consumption; to provide for uniformity; to remove an obsolete provision relating to enforcement responsibility; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 951. By Representatives Nimmer of the 178th, Powell of the 171st, Abrams of the 89th, Dickey of the 140th, Smyre of the 135th 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 state sales and use taxes, so as to create a new exemption for admissions to major sporting events; to provide a definition; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 979. By Representatives Caldwell of the 131st, Cooper of the 43rd, Golick of the 40th, Atwood of the 179th, Lott of the 122nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery and related offenses against persons, so as to increase the punishment for aggravated assault and aggravated battery committed upon hospital emergency department personnel and emergency medical services personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1008. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, 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 May 30, 2003 (Ga. L. 2003, p. 3695), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), an Act approved April 10, 2014 (Ga. L. 2014, p. 4267), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4063), so as to change the salary of the chief deputy clerk and the clerk of the State Court of Cobb County; to change the salary of the chief assistant solicitor of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1009. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th and others:
WEDNESDAY, MARCH 16, 2016
2827
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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4046), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.
HB 1010. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4048), 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 1033. By Representatives Evans of the 42nd, Ehrhart of the 36th, Carson of the 46th, Wilkerson of the 38th, Golick of the 40th 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) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4050), so as to change the compensation of the judge of the probate court; to change the compensation of the clerk of the probate court; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1092. By Representatives Rogers of the 10th and Gasaway of the 28th:
A BILL to be entitled an Act to repeal an Act creating the Habersham County Airport Authority, approved April 20, 2011 (Ga. L. 2011, p. 3684); to provide for the assets and encumbrances thereof; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1101. By Representative Parrish of the 158th:
A BILL to be entitled an Act to authorize the governing authority of the Board of Commissioners of Jenkins County to levy an excise tax pursuant to
2828
JOURNAL OF THE HOUSE
subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
HB 811. By Representatives Williamson of the 115th, Powell of the 171st, Brockway of the 102nd, Morris of the 156th, England of the 116th and others:
A BILL to be entitled an Act to extensively amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to update, modernize, and streamline numerous Code sections to provide for efficient regulation of banks, trust companies, credit unions, merchant acquirer limited purpose banks, and the mortgage lending industry; to update and eliminate certain provisions to comply with federal law; to update certain provisions to comply with federal court decisions; to revise powers and duties of the Department of Banking and Finance; to delete all appearances of and references to the term "building and loan associations"; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 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
WEDNESDAY, MARCH 16, 2016
2829
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.
HB 649. By Representatives Cooper of the 43rd, Clark of the 101st, Knight of the 130th, Jones of the 53rd, Stephenson of the 90th 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, 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.
HB 727. By Representatives Battles of the 15th, Turner of the 21st, Parsons of the 44th, LaRiccia of the 169th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48 of the O.C.G.A., relating to taxation of consumer fireworks, so as to provide for local excise taxation of consumer fireworks and the collection of such excise tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1011. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4281), 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 repeal conflicting laws; and for other purposes.
2830
JOURNAL OF THE HOUSE
HB 1036. By Representatives Hitchens of the 161st, Stephens of the 164th, Petrea of the 166th, Williams of the 168th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 22 of the O.C.G.A., relating to the exercise of power of eminent domain for special purposes, so as to change certain provisions relating to the exercise of power of eminent domain for construction of petroleum pipelines and the environmental permitting requirements for petroleum pipelines; to enact a temporary moratorium on the use of eminent domain for construction of petroleum pipelines and the permitting for construction of such pipelines so that a commission of elected officials and field experts can conduct a detailed study; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 234. By Senators Beach of the 21st and Albers of the 56th:
A BILL to be entitled an Act to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4415), so as to change provisions relating to the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for annual increases in the discretion of the governing authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 424. By Senators Fort of the 39th, Tate of the 38th, Parent of the 42nd, Davenport of the 44th, Hill of the 6th 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 the rebate of excess public safety access assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
WEDNESDAY, MARCH 16, 2016
2831
SB 430. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved April 20, 2001 (Ga. L. 2001, p. 4414), so as to change the cost-of-living adjustment for the commissioner's compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 431. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Cartersville 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.
SB 432. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of Bartow County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 433. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Emerson 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.
2832
JOURNAL OF THE HOUSE
SB 434. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3817), so as to change provisions relating to cost-of-living adjustments to the compensation of the chief magistrate; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 435. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Adairsville 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.
SB 436. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 4046), so as to change provisions relating to costof-living adjustments to the compensation of the clerk of the superior court; 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 Bentley of the 139th, Carter of the 92nd, Epps of the 144th, Cheokas of the 138th, Dudgeon of the 25th, Marin of the 96th et al., Coleman of the 97th, Beverly of the 143rd, Rhodes of the 120th, Bennett of the 94th, and Kendrick of the 93rd.
Pursuant to HR 1707, the House recognized and congratulated Isiah Royal on his third consecutive state title at the GHSA State Wrestling Competition.
WEDNESDAY, MARCH 16, 2016
2833
Pursuant to HR 1722, the House recognized and commended the University of Georgia Department of Public Administration and Policy and marked the 50th anniversary of the Masters of Public Administration Program.
Pursuant to HR 1582, the House commended Ms. Petula Samuels-Felicien.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Buckner of the 137th et al.
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 Governmental Affairs:
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.
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 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.
2834
JOURNAL OF THE HOUSE
HB 884. By Representatives Taylor of the 173rd, Atwood of the 179th, Smith of the 134th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels, so as to revise the definition of company action level event to include a health organization with certain total adjusted capital levels; 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:
SR 1038. By Senator Mullis of the 53rd:
A RESOLUTION creating the Joint Alternative Fuels Infrastructure Study Committee; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the Joint Alternative Fuels Infrastructure and Vehicles Study Committee; and for other purposes.
WHEREAS, as fuel economy and emissions standards become increasingly stringent, alternative fuels are quickly becoming an attractive alternative to traditional gasoline and diesel fuel; and
WHEREAS, vehicles fueled by alternative fuels are desirable and effective only if refueling infrastructure is readily available to meet consumer needs; and
WHEREAS, because the consumer market is not yet established, station operators are unwilling to invest in infrastructure equipment up front; and
WHEREAS, providing incentives for investors and operators to install the necessary infrastructure for the efficient refueling of vehicles powered by alternative fuels may be necessary to bring this nascent consumer market to fruition in Georgia and provide its citizens with additional options; and
WHEREAS, it would be beneficial to study how providing market incentives for installation of refueling infrastructure for alternative fuel vehicles would serve as a catalyst for the realization of cheap and clean fueling options for the public and to study
WEDNESDAY, MARCH 16, 2016
2835
whether increased market incentives for the purchase or lease of alternative fuel vehicles may drive development of infrastructure.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
(1) Creation of joint study committee. There is created the Joint Alternative Fuels Infrastructure and Vehicles Study Committee. (2) Members and officers. The committee shall be composed of the following ten members:
(A) The President of the Senate shall appoint five members of the Senate as members of the committee and shall designate one of such members as cochairperson. (B) The Speaker of the House of Representatives shall appoint five members of the House of Representatives as members of the committee and shall designate one of such members as cochairperson. (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 cochairpersons 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 Senate and 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 cochairpersons 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 cochairpersons 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 cochairpersons of the committee and filed with the Secretary of the Senate and the Clerk of the House of Representatives.
2836
JOURNAL OF THE HOUSE
(D) In the absence of an approved report, the cochairpersons may file with the Secretary of the Senate and 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, 2016.
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 Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant
Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick E Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice 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
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, by substitute, the ayes were 164, nays 0.
WEDNESDAY, MARCH 16, 2016
2837
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
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.
The following Committee substitute was read:
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 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, 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 the creation of a community improvement district; 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 Stonecrest; 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
2838
JOURNAL OF THE HOUSE
SECTION 1.01. Incorporation.
This Act shall constitute the charter of the City of Stonecrest, Georgia. The City of Stonecrest, 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 Stonecrest" 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 Stonecrest 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) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of selfgovernment not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical,
WEDNESDAY, MARCH 16, 2016
2839
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, franchise fees, and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees, franchise 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. (B) The municipality shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the municipality of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the municipality of liability to any interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The municipality shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, the control of erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment, and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of flood plain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation, and ecological and environmental protection. Such ordinances may require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage
2840
JOURNAL OF THE HOUSE
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; (9) Ethics. To adopt ethics ordinances and regulations governing such things including, 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 fire detection; 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 this charter and Act of the General Assembly; (16) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
WEDNESDAY, MARCH 16, 2016
2841
(17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (20) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (21) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (22) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gasworks, electricity generating plants, cable television, internet and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (23) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (24) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (25) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulations and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community, provided that the city council shall not have the power to require special land use permits, special exceptions, or special administrative permits for the industrial use of properties within an industrial use zoning district; (26) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (27) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (28) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds,
2842
JOURNAL OF THE HOUSE
recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (29) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (31) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities, cable companies, and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (33) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city as are determined by the city council; (34) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
WEDNESDAY, MARCH 16, 2016
2843
(A) The millage rate imposed for ad valorem taxes on real property shall not exceed 3.35 unless either (i) the millage rate is increased above such amount by resolution of the city council without voter approval through its exercise of home rule powers, or (ii) a higher limit is recommended by resolution of the city council and approved by a majority of the qualified electors of the City of Stonecrest voting on the issue, provided that the amount of millage associated with general obligation bonds or 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 3.35 limit since such millage is already subject to approval by the electors of the city in a separate referendum; and (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; (38) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect 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 Stonecrest Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Stonecrest 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.
2844
JOURNAL OF THE HOUSE
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this Act. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
SECTION 1.05. Tourism, conventions, and trade shows.
The Stonecrest Convention and Visitors Bureau is hereby created.
SECTION 1.06. Stonecrest/Lithonia Industrial Park Community Improvement District.
(a) The purpose of this section is to provide for the creation of a community improvement district within the City of Stonecrest subject to the conditions prescribed in Article IX, Section VII, Paragraph III of the Constitution of the State of Georgia. Such district shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating such district, or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors as defined in this section:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Stormwater and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. (b) Definitions. As used in this section, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops and fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of the community improvement district authorized by this section. (3) "Caucus of electors" means the meeting of electors as provided in this section at which the elected board members of the district are elected or at which the governmental services and facilities to be provided by the district are determined. A quorum at such caucus shall consist of no less than 25 percent of electors and no less than 25 percent of equity electors present in person or proxy, and a majority of those present and voting shall be necessary to take any action. Notice of such meeting shall be given to such electors and equity electors by publishing notice thereof in the legal
WEDNESDAY, MARCH 16, 2016
2845
organ of the City of Stonecrest at least once each week for four weeks prior to such meeting. (4) "Cost of the project" or "cost" of any project means and includes:
(A) All costs of acquisition by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment including all transportation equipment and rolling stock, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized.
2846
JOURNAL OF THE HOUSE
Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of bonds, notes, or other obligations issued by the district. (5) "District" means the geographical area designated as such by the resolution of the city council consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the city council within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (6) "Electors" means the owners of real property used nonresidentially within the district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of DeKalb County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (7) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property", with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the DeKalb County Board of Tax Assessors, or with respect to fees and assessments may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or with respect to fees and assessments may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 in value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. The value of real property shall be the assessed value. In the event the owner shall have multiple owners or be a corporation, trust, partnership, limited liability company, or any other entity, one person shall be designated as elector and such designation shall be made in writing.
WEDNESDAY, MARCH 16, 2016
2847
(9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation. It does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services such as fire, police, and other services, provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in subsection (a) of this section. (11) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of DeKalb County within the district. Ownership as shown by the most recent ad valorem real property tax records of DeKalb County shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (13) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (14) "Taxpayer" means an entity or person paying ad valorem taxes on real property whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. (c) Creation. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created an administrative body being one community improvement district to be located wholly within the City of Stonecrest, to be known as the Stonecrest/Lithonia Industrial Park Community Improvement District, provided that the creation of the community improvement district shall be conditioned upon: (1) The adoption of a resolution consenting to the creation of the community improvement district by the City of Stonecrest city council; and
2848
JOURNAL OF THE HOUSE
(2) The written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district. For this purpose, value shall be determined by the most recent approved DeKalb County ad valorem tax digest.
The written consent provided for in this paragraph shall be submitted to the tax commissioner of DeKalb County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. Neither the community improvement district nor the administrative body created pursuant to this section shall transact any business or exercise any powers under this section until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of the district activated under this section, and filed with the Department of Community Affairs. (d) Administration, appointment, and election of the members of the administrative body. (1) The district created pursuant to this section shall be administered by a board composed of seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the city council. Two board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member shall receive a majority of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2 shall be cast by electors and votes for Posts 3, 4, and 5 shall be cast by equity electors. The initial term of office for the members representing Posts 1 and 4 shall be one year. The initial term of office for the members representing Posts 2 and 5 shall be two years, and the initial term of office of the members representing Post 3 shall be three years. Thereafter, all terms of office for the elected board members shall be for three years. The appointed board members shall serve at the pleasure of the city council. (2) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 90 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the city council shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of the City of Stonecrest. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in DeKalb County, a caucus of electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs
WEDNESDAY, MARCH 16, 2016
2849
in an elected position on the board the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. (3) Board members shall be subject to recall as any other elected public official by the electors defined by this section. (4) Board members shall receive no compensation for their services, but shall be reimbursed for reasonable expenses actually incurred in the performance of their duties. They shall elect one of their number as chairperson and another of their number as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, either of whom may, but need not, be a member of the board or an elector. (5) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections. (e) Taxes, fees, and assessments. (1) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 0.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent taxes shall bear the same interest and penalties as DeKalb County taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent of such proceeds, but not more than $25,000.00 at any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized by this section. (2) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing DeKalb County so it may include the levy on its regular ad valorem tax bills. All taxes, fees, and assessments levied by the board and collected by DeKalb County shall be segregated, and neither the City of Stonecrest nor the
2850
JOURNAL OF THE HOUSE
DeKalb County Tax Commissioner shall expend such funds for any purpose not authorized by the board except as authorized in subsection (a) of this section. (3) If, but for this provision, a parcel of real property is removed from the district or otherwise would become not subject to taxation, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded. (4) Each property owner paying taxes, fees, or assessments levied by the board for any public facility as set forth in subsection (a) of this section may, upon application to the city council, receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by the City of Stonecrest against such property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the "Georgia Development Impact Fee Act." Application for such development impact fee credit may be granted by legislative action of the city council in its discretion. (f) Boundaries of the district. (1) The boundaries of the district shall be as designated as such by the city council as set forth in the resolution required in subsection (c) of this section, or as may thereafter be added as provided in this section. (2) The boundaries of the district may be increased after the initial creation of the district pursuant to the following:
(A) Written consent of a majority of the owners of real property within the area sought to be annexed into the district and which will be subject to taxes, fees, and assessments levied by the board of the district; (B) Written consent of owners of real property within the area sought to be annexed into the district which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest; (C) The adoption of a resolution consenting to the annexation into the district by the board of the district; and (D) The adoption of a resolution consenting to the annexation into the district by the city council. (g) Debt. Except as otherwise provided in this section, each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law, prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia, DeKalb County, the City of Stonecrest, or any other unit of government of the State of Georgia other than the district. (h) Cooperation with the City of Stonecrest. The services and facilities provided pursuant to this section shall be provided for in a cooperation agreement executed jointly by the board and by the City of Stonecrest. The provisions of this section shall in no way limit the authority of the City of Stonecrest to provide services or facilities within the
WEDNESDAY, MARCH 16, 2016
2851
district; and the City of Stonecrest shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Such control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. (i) Powers.
(1) The district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this section, including, without limiting the generality of the foregoing, the power:
(A) To bring and defend actions; (B) To adopt and amend a corporate seal; (C) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects contracts with respect to the use of projects, and agreements with other jurisdictions of community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (D) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (E) To finance by loan, grant, lease, or otherwise; to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects; and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (F) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (G) To issue bonds, notes, or other obligations of the district and use the proceeds for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes;
2852
JOURNAL OF THE HOUSE
(H) To make application directly or indirectly to any federal or county government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, or county government or agency or other source; (I) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (J) To contract for any period, not exceeding 50 years, with the State of Georgia, any institution or instrumentality of the State of Georgia, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such institution or instrumentality of this state or any municipal corporation, county, or political subdivision of this state, or for the use by any institution or instrumentality of this state, any municipal corporation, county, or political subdivision of this state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (K) To receive and use the proceeds of any tax levied by the county to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (L) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (M) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (N) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (O) To encourage and promote the improvement and development of the district and to make, contracts for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with DeKalb County and the City of Stonecrest; (P) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (Q) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; (R) To invest its funds, whether derived from the issuance of bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction;
WEDNESDAY, MARCH 16, 2016
2853
(S) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing DeKalb County or municipal services; and (T) To do all things necessary or convenient to carry out the powers conferred by this section. (2) The powers enumerated in each subparagraph of paragraph (1) of this subsection are cumulative of and in addition to those powers enumerated in this subsection and elsewhere in this section; and no such power limits or restricts any other power of the board. (3) The powers enumerated in each subparagraph of paragraph (1) of this subsection are conferred for an essential governmental function for a public purpose, and the revenues and debt of any district shall not be subject to taxation. (j) Bonds-Generally. (1) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (2) All bonds, notes, and other obligations of any district shall be authorized by resolution of the board, adopted by a majority vote of the board members at a regular or special meeting. (3) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (4) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this section. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (5) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of any district, and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district.
2854
JOURNAL OF THE HOUSE
(6) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (7) All bonds issued by a district pursuant to this section shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Georgia Revenue Bond Law." The signature of the clerk of the Superior Court of DeKalb County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the judgment of validation and shall be received as original evidence in any court in this state. (8) In lieu of specifying the actual rate or rates of interest, the principal amount, and the maturities of such bonds, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time so specified and that the principal amount will not exceed a specified amount and the final maturity date will not be later a date specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (9) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed in this section whenever those terms are referred to in bond resolutions of a board; in bonds, notes, or other obligations of the district; or in notices or proceedings to validate such bonds, notes, or other obligations of a district. (k) Authorized contents of agreements and instruments; use of proceeds of sale bonds, notes, and other obligations; subsequent issues of obligations. (1) Subject to the limitations and procedures provided by this section and by subsection (j) of this section, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by the board. (2) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this section, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this section. (3) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the
WEDNESDAY, MARCH 16, 2016
2855
proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (4) In the event that the district shall be terminated in accordance with this section, the board shall serve until December 31 of the year in which termination shall be approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31, then the city council shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the city council may, by resolution, assume all rights and obligations of the district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution. (l) Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008"; notice, proceeding, publication, referendum. This section shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008." No notice, proceeding, or publication except those required in this section shall be necessary to the performance of any action authorized hereby, nor shall any such action be subject to referendum. (m) Dissolution. (1) Any district activated under the provisions of this section may be dissolved. The conditions for such dissolution shall be:
(A) The adoption of a resolution approving of the dissolution of the community improvement district by the city council; and (B) The written consent to the dissolution of the community improvement district by:
(i) Two-thirds of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (ii) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this subparagraph shall be submitted to the DeKalb County Tax Commissioner, who shall certify whether divisions (i) and (ii) of this subparagraph have been satisfied with respect to each proposed district dissolution. (2) In the event that successful action is taken pursuant to this subsection to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until
2856
JOURNAL OF THE HOUSE
the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (3) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in subsection (a) of this section, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to DeKalb County. (4) When a dissolution becomes effective, the City of Stonecrest shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected.
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 Stonecrest, 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 Stonecrest, Georgia, shall consist of five members plus the mayor. (2) There shall be five council districts, designated Council Districts 1 through 5, 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 five council districts and shall hold Council District Posts 1, 2, 3, 4, and 5, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the council district voting in the election, 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 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. (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 Posts 1, 3, and 5 shall expire upon the administration of the oath of office to their successors elected in the
WEDNESDAY, MARCH 16, 2016
2857
regular elections held in November, 2017. The terms for the candidates elected for Council District Posts 2 and 4 shall expire upon the administration of the oath of office to their successors elected in the regular elections 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 Stonecrest, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2019, as provided in subsection (b) of Section 2.02 of this charter. 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 and qualifications for office.
(a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Stonecrest 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 Stonecrest. 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 in conjunction with the 2016 November general election to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01 of this charter. Thereafter, the time for holding regular municipal elections
2858
JOURNAL OF THE HOUSE
shall be on the Tuesday next following the first Monday in November of each oddnumbered year beginning in 2021. (c) The number of successive terms an individual may hold a position as mayor or as a councilmember shall be unlimited.
SECTION 2.03. Vacancy; filling of vacancies; suspensions.
(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 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 Act 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 Act 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.
WEDNESDAY, MARCH 16, 2016
2859
SECTION 2.05. Election votes.
The candidates for mayor and city council who receive a majority vote of the qualified electors of the city pursuant to Section 2.01 of this charter at the elections of the city shall be elected to a term of office.
SECTION 2.06. Applicability of general laws; qualifying; other provisions.
All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this Act, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended 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 $15,000.00. 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 reasonable expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city.
SECTION 2.08. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.09. Meetings, oath of office, and mayor pro tempore.
(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the
2860
JOURNAL OF THE HOUSE
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 Stonecrest, 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 Stonecrest. 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 Stonecrest 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 Stonecrest 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 a majority of the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice 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 may be transacted at the special meeting.
SECTION 2.10. Quorum; voting.
WEDNESDAY, MARCH 16, 2016
2861
(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. Neither any councilmember nor the mayor 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. The mayor and each councilmember when present at a meeting shall have one vote on all matters brought before the council. (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, office not specified in this charter, or agency; (2) Provide for 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; 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 by this charter, the city council shall be vested with all the powers of government of the City of Stonecrest 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, policies, 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,
2862
JOURNAL OF THE HOUSE
convenience, prosperity, or well-being of the inhabitants of the City of Stonecrest and may enforce such ordinances by imposing penalties for violation thereof.
SECTION 2.12. Administrative and service departments.
(a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.
SECTION 2.13. Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged. "Valuable" shall be an amount
WEDNESDAY, MARCH 16, 2016
2863
determined by the city council; provided, however, that the amount shall not exceed $100.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she, or members of his or her immediate family, has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. "Private financial interest" shall include interests of immediate family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective governmental 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 residents of the city and appointed by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city or DeKalb County. However, up to two members of the city council, including the mayor, may be appointed by the Mayor to serve as ex officio members of such boards, commissions, or authorities, without a vote for a term expiring December 31 following the date of appointment.
2864
JOURNAL OF THE HOUSE
(c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized to administer oaths. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.
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 beginning of such meetings shall be 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. (b) The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise, are intended as mere catchwords to indicate the contents of the section, and:
(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.
WEDNESDAY, MARCH 16, 2016
2865
Furthermore, the chapter, article, and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (c) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business and those in attendance of its meetings, 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) Provide supervision and guidance to the city manager;
2866
JOURNAL OF THE HOUSE
(9) Establish oversight and policy committees of the city council and appoint no less than two council members, exclusive of the mayor, to serve thereon, subject to the direction and supervision of the mayor; (10) Serve and be compensated accordingly; and (11) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. (b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit, but only with approval of the city council. (c) The mayor shall have the authority to certify that a supplemental appropriation is possible if revenue increases in excess of the amount budgeted, 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. (e) The mayor may designate the official legal organ of the city subject to confirmation by the city council.
SECTION 3.02. City manager; appointment and qualification.
The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management. The city manager need not be a resident of the City of Stonecrest.
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 supervised and guided by the mayor 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 the power of this appointment shall not include officers and employees who by this charter are
WEDNESDAY, MARCH 16, 2016
2867
appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (3) Remove employees appointed and employed under paragraph (2) of this section, without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter; (5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the 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; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (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, no less than 60 days prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and
2868
JOURNAL OF THE HOUSE
(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 or as provided in Sections 3.01 and 3.03 of this charter, neither the city council nor its members shall interfere with the performance of services by or give orders to any such officer or employee, either publicly or privately.
SECTION 3.06. City manager; removal.
(a) The mayor or the city council may remove the city manager from office in accordance with the following procedures:
(1) The mayor by proclamation or the city council by resolution by affirmative vote of a majority of all its members may remove the city manager from office after a suspension of the city manager from duty for a period not to exceed 45 days. A copy either such proclamation of the mayor or the resolution of the city council shall be delivered promptly to the city manager; (2) Within five days after a copy of such proclamation or resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing and a reconsideration of the removal. This hearing shall be held at a city council meeting especially set for such purpose 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 to the removal not later than five days before the hearing; and (3) If the city manager either (i) does not request a public hearing and a reconsideration of the removal five days from the date when a copy of such proclamation or resolution was delivered to the city manager; or, (ii) if after the conclusion of the public hearing requested by the city manager for reconsideration of the removal, the city council does not pass a resolution either reversing the action of the mayor or rescinding its resolution of removal, the city manager's removal shall be effective as of such date without further action by the city council. (b) Unless either the mayor's action removing the city manager or the resolution of removal of the city manager is rescinded by majority of the members of the city council at the public hearing held at the request of city manager pursuant to this section, the city manager shall continue to receive his or her salary until the effective date of his or her removal. (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
WEDNESDAY, MARCH 16, 2016
2869
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 mayor shall appoint the city attorney together with such assistant city attorneys or special 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 rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city unless authorized by resolution of the city council.
SECTION 3.09. City clerk.
The mayor shall 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. 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
2870
JOURNAL OF THE HOUSE
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 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. Said plan may apply to all employees of the City of Stonecrest 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
WEDNESDAY, MARCH 16, 2016
2871
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 Stonecrest which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before 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 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 of 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:
2872
JOURNAL OF THE HOUSE
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is or is likely to become of a permanent character.
SECTION 4.03. Convening.
The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof.
SECTION 4.04. Jurisdiction; powers.
(a) The municipal court shall try and punish for crimes against the City of Stonecrest and for violation of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before 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 Stonecrest, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of 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 Stonecrest granted by state laws
WEDNESDAY, MARCH 16, 2016
2873
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, as supplemented by the city council by ordinance.
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 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 no later than the first day of the tenth 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
2874
JOURNAL OF THE HOUSE
from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, capital budget, 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) 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.
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
WEDNESDAY, MARCH 16, 2016
2875
(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.
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 Stonecrest, 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 Stonecrest is granted an exemption on that person's homestead from City of Stonecrest 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.
2876
JOURNAL OF THE HOUSE
(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 Stonecrest, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Stonecrest, 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 Stonecrest, 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 Stonecrest, 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 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 Stonecrest, 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
WEDNESDAY, MARCH 16, 2016
2877
amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Stonecrest who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Stonecrest 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. (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 Stonecrest, 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 Stonecrest, 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 Stonecrest, 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 Stonecrest, 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
2878
JOURNAL OF THE HOUSE
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 Stonecrest, 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 Stonecrest is granted an exemption on that person's homestead from City of Stonecrest 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 Stonecrest, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Stonecrest, 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 Stonecrest, 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 Stonecrest, 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.
WEDNESDAY, MARCH 16, 2016
2879
(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 Stonecrest, 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 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 Stonecrest 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 Stonecrest 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 Stonecrest, 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.
2880
JOURNAL OF THE HOUSE
(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 Stonecrest, or the designee thereof, information relative to marital status and other such information which the governing authority of the City of Stonecrest, 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 Stonecrest 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 Stonecrest 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 Stonecrest 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.
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 Stonecrest, 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 Stonecrest is granted an exemption on that person's homestead from City of Stonecrest 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 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 Stonecrest or the designee thereof giving such information relative to receiving such exemption as will enable the governing authority of the City of
WEDNESDAY, MARCH 16, 2016
2881
Stonecrest 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 Stonecrest 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 Stonecrest 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.
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 and DeKalb County special services tax district within the boundaries of the City Stonecrest 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 Stonecrest 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 Stonecrest
2882
JOURNAL OF THE HOUSE
for approval or rejection. The superintendent shall set May 24, 2016, 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 Stonecrest 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 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 Stonecrest 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 Stonecrest to be held in conjunction with and on the date of the 2016 November general election, the qualified electors of the City of Stonecrest shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Stonecrest as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Stonecrest shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as 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 Stonecrest to be held on the date of the 2016 November general election, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Stonecrest and the powers and duties of the governing authority of the City of Stonecrest.
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 Stonecrest. Accordingly there shall be a
WEDNESDAY, MARCH 16, 2016
2883
two-year transition period as allowed by law beginning at 12:01 A.M. on January 1, 2017. (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 Stonecrest, responsibility for any such service or function shall be transferred to the City of Stonecrest. The governing authority of the City of Stonecrest 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 Stonecrest is considered removed from the special services tax district. (d) During the transition period, the governing authority of the City of Stonecrest 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 Stonecrest. Any transfer of jurisdiction to the City of Stonecrest 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 Stonecrest 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 Stonecrest commencing to exercise its planning and zoning powers, the Municipal Court of the City of Stonecrest 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 Stonecrest 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
2884
JOURNAL OF THE HOUSE
delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable but not later than 45 days after there is no further cause for delay. If the referendum election provided for in Section 6.02 of this Act is conducted after May 24, 2016, but before November 8, 2016, 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, 2016, 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 November general election, 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 five years after the inception of the City of Stonecrest, 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 Stonecrest. All members of the charter commission shall reside in the City of Stonecrest. The 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.
WEDNESDAY, MARCH 16, 2016
2885
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.
APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF STONECREST, DEKALB COUNTY, GEORGIA
Plan: stonecrest-2015 Plan Type: Local Administrator: S043 User: Gina
District STONECREST DeKalb County VTD: 089BJ - BROWN'S MILL ELEMENTARY 023416: 2004 2005 2006 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 3000 3001 3002 3003 3004 3005 4015 4016 4019 4020 VTD: 089CF - MURPHEY CANDLER VTD: 089FA - FAIRINGTON ELEM VTD: 089FG - FLAT ROCK ELEM VTD: 089LD - LITHONIA (LIT) 023303: 4020 4021 4022 VTD: 089LH - LITHONIA HIGH SCHOOL 023309: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3033 3034 3035 3036 VTD: 089MC - MARBUT ELEM 023309: 2005 2006 4007 VTD: 089MF - MCWILLIAMS VTD: 089MI - MILLER GROVE MIDDLE SCHOOL 023214: 2000 2001 2002 2003 2008 2009 2010 2011 2012 2013 2014 2022 2023 2024 023416:
2886
JOURNAL OF THE HOUSE
1000 1001 1014 1015
VTD: 089MV - MILLER GROVE ROAD VTD: 089MZ - MILLER GROVE HIGH VTD: 089PC - PRINCETON ELEM 023306: 3005 3006 3007 3013 3014 VTD: 089PI - PANOLA WAY ELEM 023212: 2002 VTD: 089PR - PANOLA ROAD VTD: 089RH - REDAN-TROTTI 023306: 3008 3012 3016 023313: 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089RL - ROCK CHAPEL ROAD 023303: 1011 1012 1016 1017 1018 1019 1020 1021 1022 1025 1026 1027 1032 4012 023306: 3015 3020 023315: 1010 1011 1020 VTD: 089SL - STONEVIEW ELEM 023303: 3027 3028 3029 4000 4001 4002 4003 4004 4005 4006 4029 4030 4031 4032 4034 4035 4036 023310: 3000 3001 3002 3003 3004 3005 3006 3007 3008 023418: 1000 1001 1002 1023 023428: 2000 2001 VTD: 089SM - SALEM MIDDLE VTD: 089SS - SNAPFINGER ROAD 023414: 1027
023416: 2003 2007 2008 2019 4004 4005 4006 4009 4010 4011 4012 4013 4014 4017 4018 VTD: 089WD - WOODROW ROAD
WEDNESDAY, MARCH 16, 2016
2887
As used in this appendix, 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. The separate numeric designations 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 COUNCIL DISTRICTS CITY OF STONECREST, DEKALB COUNTY, GEORGIA
Plan: stonecrest-dist-2015 Plan Type: Local Administrator: S043 User: Gina
District 001 DeKalb County VTD: 089LD - LITHONIA (LIT) 023303: 4020 4021 4022 VTD: 089PC - PRINCETON ELEM 023306: 3005 3006 3007 3013 3014 VTD: 089RH - REDAN-TROTTI 023306: 3008 3012 3016 023313: 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089RL - ROCK CHAPEL ROAD 023303: 1011 1012 1016 1017 1018 1019 1020 1021 1022 1025 1026 1027 1032 4012 023306: 3015 3020 023315: 1010 1011 1020 VTD: 089SL - STONEVIEW ELEM 023303: 3027 3028 3029 4000 4001 4002 4003 4004 4005 4006 4029 4030 4031 4032 4034 4035 4036 023310: 3000 3001 3003 3004 3005 3008
2888
JOURNAL OF THE HOUSE
023418: 1000 1001 1002 1023 VTD: 089WD - WOODROW ROAD 023418: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1033 1034 1035 1036 1037 1038 1039 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
District 002 DeKalb County VTD: 089LH - LITHONIA HIGH SCHOOL 023309: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3033 3034 3035 3036 VTD: 089MC - MARBUT ELEM 023309: 2005 2006 4007 VTD: 089MF - MCWILLIAMS 023416: 1004 1008 1009 1010 1011 1012 1013 1016 1017 4000 4001 4002 4003 4007 4008 VTD: 089MI - MILLER GROVE MIDDLE SCHOOL 023214: 2000 2001 2002 2003 2008 2009 2010 2011 2012 2013 2014 2022 2023 2024 023416: 1000 1001 1014 1015 VTD: 089MZ - MILLER GROVE HIGH 023310: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 VTD: 089PI - PANOLA WAY ELEM 023212: 2002 VTD: 089PR - PANOLA ROAD 023310: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 VTD: 089SL - STONEVIEW ELEM
WEDNESDAY, MARCH 16, 2016
023310: 3007 VTD: 089SS - SNAPFINGER ROAD 023416: 4004 4005 4006
District 003 DeKalb County VTD: 089FA - FAIRINGTON ELEM VTD: 089MF - MCWILLIAMS 023416: 1002 1003 1005 1006 1007 2000 2001 2002 VTD: 089MV - MILLER GROVE ROAD 023427: 2001 2002 2003 2004 2005 VTD: 089PR - PANOLA ROAD 023428: 1000 3000 4000 VTD: 089WD - WOODROW ROAD 023428: 1001 1002 1003 1004 1005 1006 1007 1008 2016 2017
District 004 DeKalb County VTD: 089BJ - BROWN'S MILL ELEMENTARY 023416: 2004 2005 2006 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 3000 3001 3002 3003 3004 3005 4015 4016 4019 4020 VTD: 089MV - MILLER GROVE ROAD 023427: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 VTD: 089SM - SALEM MIDDLE VTD: 089SS - SNAPFINGER ROAD 023414: 1027 023416: 2003 2007 2008 2019 4009 4010 4011 4012 4013 4014 4017 4018
District 005 DeKalb County VTD: 089CF - MURPHEY CANDLER VTD: 089FG - FLAT ROCK ELEM
2889
2890
JOURNAL OF THE HOUSE
VTD: 089MZ - MILLER GROVE HIGH 023428: 2002 VTD: 089SL - STONEVIEW ELEM 023310: 3002 3006 023428: 2000 2001 VTD: 089WD - WOODROW ROAD 023418: 1032 1040 1041 1042 1043 1044 1045 1046 023428: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 As used in this appendix, 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. 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 which is not included in District 1, 2, 3, 4, or 5 as described in this appendix shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of the city which is described in this appendix as being in District 1, 2, 3, 4, or 5 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within the post that is contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia.
APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Ronald B. Ramsey, Sr., Senator from the 43rd 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 Stonecrest, 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
WEDNESDAY, MARCH 16, 2016
2891
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 Ronald B. Ramsey, Sr. Senator, District 43 Georgia State Senate
By unanimous consent, further consideration of SB 208 was suspended until later in the legislative day.
HR 1343. By Representatives McCall of the 33rd, England of the 116th, Cooke of the 18th, Holmes of the 129th, Shaw of the 176th and others:
A RESOLUTION encouraging the United States Environmental Protection Agency to withdraw the proposed Waters of the United States Clean Water Plan rule; supporting the comments submitted to the Environmental Protection Agency by thousands of landowners, numerous trade associations, and the Georgia Environmental Protection Division; supporting the leadership and actions of Georgia's Governor and Attorney General in opposing the Clean Water Plan rule; and encouraging the support of actions by Congress to enact legislation delaying implementation of the final Clean Water Plan rule until certain criteria are met; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Encouraging the United States Environmental Protection Agency to withdraw the proposed Waters of the United States Clean Water Plan rule; supporting the comments submitted to the Environmental Protection Agency by thousands of landowners, numerous trade associations, and the Georgia Environmental Protection Division; supporting the leadership and actions of Georgia's Governor and Attorney General in opposing the Clean Water Plan rule; and encouraging the support of actions by Congress to enact legislation delaying implementation of the final Clean Water Plan rule until certain criteria are met; and for other purposes.
WHEREAS, affordable, high-quality, and reliable fresh water is critical to the everyday lives of Georgians, the stability and competitiveness of the state's economy, and Georgia's future economic development; and
2892
JOURNAL OF THE HOUSE
WHEREAS, the United States Environmental Protection Agency's (EPA) proposed Clean Water Plan rule is designed to fundamentally shift management of the water sector in Georgia to federal control, eliminating state management and decision making; and
WHEREAS, the EPA's proposed Clean Water Plan rule is designed to transform management of the water sector in ways that will impact the productive use, reliability, affordability, and management of water resources in Georgia; and
WHEREAS, as written, the Clean Water Plan rule could become one of the largest federal land grabs in United States history; and
WHEREAS, in 2008, under the leadership of Governor Sonny Perdue, the Georgia General Assembly had the foresight to support development of and unanimously pass a Comprehensive State-wide Water Management Plan; and
WHEREAS, the Comprehensive State-wide Water Management Plan further demonstrates the State of Georgia's leadership in water planning, management, and oversight by mandating the establishment of ten Regional Water Councils to provide local stewardship of water resource planning; and
WHEREAS, a strong commitment by industries, utilities, communities, and individual water users across Georgia to a culture of conservation has already demonstrated investment in and commitment to water-use efficiency measures that has reduced and continues to reduce overall water use; and
WHEREAS, agriculture is Georgia's oldest, largest, and most valuable industry that relies on access to and the efficient use of water resources for the production of a diverse range of food and fiber for domestic and export markets; and
WHEREAS, the introduction of the Clean Water Plan rule will penalize Georgia's farmers and other industries who will now face increased business interruption from regulatory uncertainty, regulatory costs, and bureaucratic interference, which could make everyday farming tasks, such as cultivating, spraying, fencing, and more, federally regulated activities that carry massive fines if a farmer is found in violation; and
WHEREAS, the EPA's proposed Clean Water Plan rule would allow waters traditionally off-limits to federal regulation, such as nonnavigable ponds, streams, ditches, and tributaries, to be subjected to the dictates of the EPA under a misapplication of the Clean Water Act; and
WHEREAS, the proposed Clean Water Plan rule is already being challenged in federal court, and further challenges are likely; and
WEDNESDAY, MARCH 16, 2016
2893
WHEREAS, in October of 2015, a United States Circuit Court of Appeals temporarily blocked the Clean Water Plan rule from taking effect across the nation; and
WHEREAS, in December of 2015, the nonpartisan Government Accountability Office found that the EPA violated federal law in promoting the Clean Water Plan rule; and
WHEREAS, the proposed Clean Water Plan rule threatens the state's core interests and authority over water policy and water resources; and
WHEREAS, the Georgia Environmental Protection Division of the Department of Natural Resources, Georgia's Attorney General, industry groups, and concerned individuals have submitted comments in opposition to the Clean Water Plan rule; and
WHEREAS, an overwhelming majority of the members of Georgia's congressional delegation, recognizing the pernicious impact the EPA's Clean Water Plan rule will have on Georgia, have opposed and continue to vigorously oppose the Clean Water Plan rule.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body encourage the United States Environmental Protection Agency to immediately withdraw the proposed Waters of the United States Clean Water Plan rule.
BE IT FURTHER RESOLVED that the members of this body support the comments on the Clean Water Plan rule submitted to the Environmental Protection Agency by the State of Georgia.
BE IT FURTHER RESOLVED that the members of this body support the Joint Resolution resolved by Congress on January 4, 2016: "That Congress disapproves the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to "Clean Water Rule: Definition of 'Waters of the United States' (80 Fed. Reg. 37054; June 29, 2015), and such rule shall have no force or effect."
BE IT FURTHER RESOLVED that to avoid the potentially unnecessary and substantial expenditure of limited state and consumer resources, the members of this body urge Congress and the President to enact legislation to prohibit the Clean Water Plan rule from taking effect unless and until any and all legal challenges to the Clean Water Plan rule have been fully resolved and no appeals remain.
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 the President of the United States, all members of the congressional delegation from the State of Georgia, the United States Environmental Protection Agency, the National Governors Association, the Environmental Council of the States,
2894
JOURNAL OF THE HOUSE
other relevant organizations, all states' governors, all states' environmental commissioners, and all states' legislative leadership.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison E Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton N Bennett, K Y Bennett, T N Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D 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 N 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 N Evans Y Fleming
Floyd N Fludd Y Frazier Y Frye N Gardner Y Gasaway Y Gilligan Y Glanton Y Golick E Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L N Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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. 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
Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, by substitute, the ayes were 149, nays 21.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
WEDNESDAY, MARCH 16, 2016
2895
HR 1342. By Representatives Douglas of the 78th, Mabra of the 63rd, Strickland of the 111th, Belton of the 112th, Wilkerson of the 38th and others:
A RESOLUTION requesting more recess time for school children; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb N Holmes Y Houston Y Howard Y Hugley Y Jackson 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 E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 N 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
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 171, nays 3.
2896
JOURNAL OF THE HOUSE
The Resolution, having received the requisite constitutional majority, was adopted.
SB 243. By Senators Hill of the 4th and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to change certain provisions relating to preservation of rights by certain persons; to provide for membership in the system for certain persons in a full-time position requiring admission to the State Bar of Georgia as a condition of employment; to provide for an irrevocable election; to provide for a transfer of funds; to provide for creditable service; to provide for calculation of benefits; to change certain provisions relating to definitions; to provide a legislative purpose; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison N Atwood N Ballinger N Barr Y Battles N Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley N Benton N Beskin N Beverly N Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson N Carter, A Y Carter, D
N Cooke Coomer Cooper
Y Corbett Y Dawkins-Haigler Y Deffenbaugh N Dempsey Y Dickerson Y Dickey Y Dickson N Dollar N Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo N Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd N Fludd Y Frazier Y Frye
Gardner
Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb N Holmes N Houston
Howard Y Hugley Y Jackson Y Jasperse
Jones, J N Jones, J.B. N Jones, L Y Jones, S Y Jordan
Kaiser N Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott N Lumsden Y Mabra
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer N Nix N Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle
Powell, A Powell, J N Price Y Prince Pruett N Quick N Raffensperger N Rakestraw N Ramsey Y Randall Y Reeves Y Rhodes N Rice N Rogers, C Y Rogers, T
Smith, E N 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 N Tarvin N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E N Trammell N Turner Y Waites Y Watson N Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson
WEDNESDAY, MARCH 16, 2016
2897
N Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman
N Gasaway N Gilligan Y Glanton
Golick Y Gordon N Gravley
Greene
Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
N Rutledge N Rynders Y Scott N Setzler Y Sharper Y Shaw N Sims
N Willard Y Williams, A N Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 96, nays 65.
The Bill, having received the requisite constitutional majority, was passed.
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 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.
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.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
2898
JOURNAL OF THE HOUSE
SB 440. By Senator Albers of the 56th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3650), so as to modify term limits for the mayor of the City of Roswell; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 1253. By Representatives Sharper of the 177th, Carter of the 175th, Corbett of the 174th, Shaw of the 176th, Kidd of the 145th and others:
A RESOLUTION encouraging local boards of education, nonpublic elementary and secondary schools, governing bodies of charter schools, and public recreation facilities to render instruction on dugout safety to youth athletes participating in the sport of baseball and to construct protective dugout coverings; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison N Atwood
Ballinger N Barr Y Battles Y Beasley-Teague Y Belton
Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner
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 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 Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley
Y Metze Y Mitchell
Morris Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake N Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger
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 N Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
WEDNESDAY, MARCH 16, 2016
2899
Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C
Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 145, nays 19.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolutions of the House were read and adopted:
HR 1759. By Representative Werkheiser of the 157th:
A RESOLUTION recognizing Randall L. King, Sr.; and for other purposes.
HR 1760. By Representative Kidd of the 145th:
A RESOLUTION recognizing the Old Governor's Mansion at Georgia College and State University in Milledgeville, Georgia, as a state historic house; and for other purposes.
HR 1761. By Representative Kidd of the 145th:
A RESOLUTION commending the GIVE Center at Georgia College on its 20th anniversary; and for other purposes.
HR 1762. By Representatives Thomas of the 56th, Bennett of the 94th, Metze of the 55th, Dawkins-Haigler of the 91st, Mitchell of the 88th and others:
A RESOLUTION recognizing and commending Reverend Dr. Gregory Vaughn Eason, Sr.; and for other purposes.
HR 1763. By Representatives Wilkerson of the 38th, Evans of the 42nd, Smith of the 41st, Dickerson of the 113th, Jones of the 53rd and others:
2900
JOURNAL OF THE HOUSE
A RESOLUTION recognizing and commending Mableton Elementary School; and for other purposes.
HR 1764. By Representatives Thomas of the 56th, Abrams of the 89th, Hugley of the 136th, Kaiser of the 59th, Willard of the 51st and others:
A RESOLUTION recognizing and commending Sylvia Anderson Russell, the former president for AT&T Georgia; and for other purposes.
HR 1765. By Representatives Thomas of the 56th, Beasley-Teague of the 65th and Jones of the 53rd:
A RESOLUTION recognizing and commending Chandra Currelley; and for other purposes.
HR 1766. By Representatives Howard of the 124th, Sims of the 123rd, Prince of the 127th, Frazier of the 126th and Smith of the 125th:
A RESOLUTION recognizing and commending Judge Carlilse Overstreet upon the grand occasion of his retirement; and for other purposes.
HR 1767. By Representative Thomas of the 56th:
A RESOLUTION recognizing and commending Woodie Persons; and for other purposes.
HR 1768. By Representative Thomas of the 56th:
A RESOLUTION recognizing and commending Mrs. Pamela Badgerow Adams; and for other purposes.
HR 1769. By Representatives Jones of the 167th, Ralston of the 7th, Wilkinson of the 52nd, Williams of the 119th and Spencer of the 180th:
A RESOLUTION recognizing Representative Alex Atwood; and for other purposes.
HR 1770. By Representative Rice of the 95th:
A RESOLUTION honoring Janet and Paul Elman on the occasion of their 25th wedding anniversary; and for other purposes.
WEDNESDAY, MARCH 16, 2016
2901
HR 1771. By Representatives Howard of the 124th, Cooper of the 43rd, Randall of the 142nd, Sims of the 123rd and Prince of the 127th:
A RESOLUTION recognizing and commending the rich legacy of the Lamar School of Nursing; and for other purposes.
HR 1772. By Representatives Scott of the 76th, Waites of the 60th and Stovall of the 74th:
A RESOLUTION recognizing and commending Carol Denise Yancey; and for other purposes.
HR 1773. By Representative Werkheiser of the 157th:
A RESOLUTION recognizing and commending Ms. Marvelle Thompson, the 2016 Tattnall Chamber of Commerce Lifetime Achievement Award recipient; and for other purposes.
HR 1774. By Representative Werkheiser of the 157th:
A RESOLUTION recognizing and commending Sylvester and Juanita Ashford, the 2016 Tattnall County Chamber of Commerce Lifetime Achievement Award recipients; and for other purposes.
HR 1775. By Representatives Blackmon of the 146th, Epps of the 144th, Dickey of the 140th, Clark of the 147th and Harden of the 148th:
A RESOLUTION recognizing and commending Coach Ronnie Jones; and for other purposes.
HR 1776. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION congratulating the Jefferson High School Air Force Junior ROTC drill team on winning the state championship; and for other purposes.
HR 1777. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION congratulating Commerce High School's head wrestling coach, Coach Kendall Love, on being named the Georgia Wrestling Coaches Association's Coach of the Year; and for other purposes.
2902
JOURNAL OF THE HOUSE
HR 1778. By Representative Werkheiser of the 157th:
A RESOLUTION recognizing and commending Ruben and Novella King, 2016 Tattnall Chamber of Commerce Lifetime Achievement Award recipients; and for other purposes.
HR 1779. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION congratulating former Commerce Middle School head football coach Jimmy Stephenson for receiving the J.B. Hawkins Humanitarian Award at the 2016 Georgia Sports Hall of Fame induction; and for other purposes.
HR 1780. By Representatives Burns of the 159th and Abrams of the 89th:
A RESOLUTION honoring the life and memory of Dennis Lawton; and for other purposes.
The Speaker announced the House in recess until 2:00 o'clock, this afternoon.
WEDNESDAY, MARCH 16, 2016
2903
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 bills of the Senate:
SB 427. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Buford, approved June 3, 2003 (Ga. L. 2003, p. 4622), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
SB 438. By Senator Williams of the 19th:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions; to provide for legislative intent; 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.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 423 Do Pass, by Substitute
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
2904
JOURNAL OF THE HOUSE
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:
SB 332 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 32nd
Chairman
Representative Maxwell of the 17th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 319 Do Pass, by Substitute SB 388 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
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 439. By Senator Black of the 8th:
A BILL to be entitled an Act to provide a new charter for the City of Barwick; to provide for incorporation, boundaries, powers and construction; to provide
WEDNESDAY, MARCH 16, 2016
2905
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 920. By Representatives Kelley of the 16th, Powell of the 171st, Fleming of the 121st, Petrea of the 166th and Cooper of the 43rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to restrict civil actions against passive investors in nursing homes and intermediate care homes; to provide for definitions; to provide for procedure; to provide for insurance or self-insurance trusts as a condition precedent to obtaining or maintaining a permit to operate a nursing home or intermediate care home; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1028. By Representatives Werkheiser of the 157th, Nimmer of the 178th, Burns of the 159th, Abrams of the 89th and Caldwell of the 20th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to waste management, so as to require the Environmental Protection Division of the Department of Natural Resources to provide notice to affected localities upon the occurrence of certain events relating to permitted solid or hazardous waste facilities; 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 Senate was withdrawn from the General Calendar and recommitted to the Committee on Health & Human Services:
SB 337. By Senators Walker III of the 20th, Hill of the 6th, Hufstetler of the 52nd, Cowsert of the 46th, Kirk of the 13th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Human Services to provide that certain dependents of a military service member shall maintain eligibility and priority for certain medical assistance and developmental disability services under certain conditions; to require the department to request a waiver if necessary to implement such provision; to provide that such provision shall
2906
JOURNAL OF THE HOUSE
only apply to the fullest extent permissible to remain in compliance with certain federal laws, rules, and regulations; 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 427. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Buford, approved June 3, 2003 (Ga. L. 2003, p. 4622), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 438. By Senator Williams of the 19th:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions; to provide for legislative intent; 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 Intragovernmental Coordination - Local.
SB 439. By Senator Black of the 8th:
A BILL to be entitled an Act to provide a new charter for the City of Barwick; to provide for incorporation, boundaries, powers and construction; 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.
SB 440. By Senator Albers of the 56th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3650), so as to modify term limits for the
WEDNESDAY, MARCH 16, 2016
2907
mayor of the City of Roswell; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:
SB 423. By Senators Jeffares of the 17th and VanNess of the 43rd:
A BILL to be entitled an Act to reestablish the Board of Commissioners of Newton County; to supersede the laws pertaining to the governing authority of Newton County; to provide for a board of commissioners, commissioner districts, a chair of the board, a county manager, a clerk to the board, and ethics provisions; to provide for meetings, agendas, and the conduct of meetings; to provide for budgeting, audits, financial condition, and approval of expenditures; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To reestablish the Board of Commissioners of Newton County; to supersede the laws pertaining to the governing authority of Newton County; to provide for a board of commissioners, commissioner districts, a chair of the board, a county manager, a clerk to the board, and ethics provisions; to provide for meetings, agendas, and the conduct of meetings; to provide for budgeting, audits, financial condition, and approval of expenditures; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The laws pertaining to the governing authority of Newton County shall be superseded by this Act to reestablish the Board of Commissioners of Newton County as follows:
"ARTICLE 1 BOARD OF COMMISSIONERS
SECTION 1-101. Creation of board of commissioners.
2908
JOURNAL OF THE HOUSE
(a) There is created in and for the County of Newton a chair and board of commissioners to be elected and organized as provided for in this Act. The chair and board of commissioners shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term 'board' or the term 'commission,' whenever used in this Act, shall mean the board of commissioners of Newton County, including the chair and all members. (b) The board of commissioners of Newton County in existence immediately prior to the effective date of this Act is continued in existence, but on and after the effective date of this Act shall be constituted as provided in this Act. The board of commissioners of Newton County so continued and constituted shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. (c) Those members of the board who are serving as such immediately prior to the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (d) On and after the effective date of this Act, the board of commissioners of Newton County shall consist of five members, all of whom shall be elected from commissioner districts described in Section 1-102 of this Act.
SECTION 1-102. Commissioner districts.
(a) For purposes of electing members of the board of commissioners, Newton County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: newtonccsbR-2012 Plan Type: Local Administrator: Newton User: SE'.
(b)(1) For the purposes of such plan: (A) The term Voter Tabulation District (hereinafter referred to as 'VTD') shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Newton County which is not included in any district described in this section shall be included within that district contiguous to such part which contains
WEDNESDAY, MARCH 16, 2016
2909
the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Newton County which is described in this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c) Commissioner Districts 1 through 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1 through 5, respectively, but as described under this Act; and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.
SECTION 1-103. Board of commissioners.
(a) There shall be elected to the board of commissioners of Newton County one member from each of the commissioner districts who shall be elected only by the qualified voters of the commission district that member represents. (b) The members of the reconstituted board of commissioners of Newton County shall be elected as provided in this subsection.
(1) The first members from Commissioner Districts 1, 3, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2016. Those members of the board elected thereto from Commissioner Districts 1, 3, and 5 in 2016 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2020, and upon the election and qualification of their respective successors. (2) The terms of office of the members from Commissioner Districts 2 and 4 in office on December 31, 2016 shall expire on December 31, 2018. The members from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2018. Those members of the board elected thereto from Commissioner Districts 2 and 4 in 2018 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2022, and upon the election and qualification of their respective successors. (3) All future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
2910
JOURNAL OF THE HOUSE
(c) No person shall be eligible to represent a commission district unless that person is at least 21 years of age and has been a resident of Newton County at least 12 months and is a resident of the district from which the person offers as a candidate. In the event a member moves the member's residence from the district being served, that place on the board shall immediately become vacant. (d) The board of commissioners of Newton County shall be the legislative, policymaking body of Newton County. Said board shall exercise all of the powers, duties, and responsibilities hereinafter provided for, as well as all other powers, duties, and responsibilities which are vested in governing authorities of the counties of this state by the Constitution and general laws of Georgia. Without limiting the general legislative powers of the board to undertake and transact such business as is necessary for the orderly conduct of county affairs, the following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this Act or state law, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this Act and state law and for the promotion and protection of the safety, health, peace, security, environment, and general welfare of the inhabitants of Newton County; (2) To adopt, and from time to time amend, the budget; (3) To levy taxes, make appropriations, and fix the rates of all other charges; (4) To authorize the incurring of indebtedness; (5) To set the salary and wage ranges and numbers of employees in each range at the first meeting of each fiscal year or as part of the budget approval process; (6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, private ways, and bridges, according to law; (8) To exercise all power, duty, and authority in respect to zoning and planning; (9) To establish a yearly work plan and set all specifications for work to be done in the county; (10) To determine the priority of capital improvements; (11) To make periodic inspections of county properties and of the work being carried on by the county; (12) To appoint the county manager and county clerk as provided in this Act and enter into contracts of employment for these positions; (13) To enter into contracts of employment for needed professional services, including but not limited to legal, accounting, and auditing services; and (14) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county. (e)(1) Except as otherwise provided in this Act, the board shall not enter into administrative acts. (2) Except as otherwise provided in this Act, members of the board shall not contact employees or personnel of the county in relation to any duty or work habits of said employee, or to request any service or actions on the part of said employee except
WEDNESDAY, MARCH 16, 2016
2911
through the county manager. This limitation shall not limit contact by members of the board as a matter of inquiry to obtain information necessary to allow said members to carry out their duties. (f)(1) The board shall develop and maintain a work plan, outlining the work that shall be taken up under the direction of the chair and manager for each fiscal year. (2) The work plan shall not authorize action or set forth any expenditures which would cost in excess of the amount of funds budgeted. (g)(1) Prior to January 1, 2021, the members of the board shall receive an annual base salary which shall be equal to 20 percent of the base salary of the sheriff. Beginning January 1, 2021, the members of the board shall receive an annual base salary of $25,000.00. (2) Cost-of-living increases shall be added to the base salary equivalent to the average percentage of the general increase in salary as may from time to time be granted to the executive, judiciary, and legislative branches of state government, as calculated by the State Office of Planning and Budget.
(3)(A) Members of the board shall receive reimbursement for actual and necessary expenses, excluding mileage or transportation costs, when the members are out of town overnight on county business. (B) The members of the board shall receive reimbursement for mileage driven on county business in a personal vehicle. Such reimbursement shall correspond to the rate per mile authorized for employees of the State of Georgia. Reimbursements shall be paid only upon presentation of an itemized statement of expenses and mileage. (h)(1) In the event a vacancy occurs on the board by death, resignation, or otherwise, and the unexpired term for such office exceeds 180 days before the date of election for such office, it shall be the duty of the county election superintendent to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, and the cost of the election shall be defrayed by the county governing authority. (2) In the event a vacancy occurs on the board by death, resignation, or otherwise, and the unexpired term for such office is 180 days or less before the date of election for such office, the remaining members shall appoint a person to fill such vacancy until a successor takes office after the next general election. (3) Any person appointed by the board to fill a vacancy shall reside within the commission district in which said vacancy occurred, and any person elected to fill a vacancy shall reside within the commission district in which said vacancy occurred and shall be elected in the same manner as the member whose position is vacant.
SECTION 1-104. Board of commissioners chair.
2912
JOURNAL OF THE HOUSE
(a) There shall be a chair of the board of commissioners of Newton County ('chair') who shall be elected by the qualified electors of the entire county. (b) The first chair shall be elected at the general election on the Tuesday next following the first Monday in November, 2016. The chair elected thereto in 2016 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2020, and upon the election and qualification of the chair's respective successor. Thereafter, successors to the chair shall be elected at the general election which is conducted in that year in which the term of office expires, and shall take office on the first day of January following such election for a term of four years and until a successor is duly elected and qualified. (c) No person shall be eligible to serve as chair unless that person is at least 21 years of age and has been a resident of Newton County for at least 12 months immediately preceding the date of the election. In the event the chair moves residence from Newton County, the office of chair shall be declared vacant. (d) The chair shall be the chief executive officer of Newton County. The following powers and duties are vested in the chair:
(1) To be the official spokesman for the county government and the chief advocate of policy as established by the board; (2) To be available to the constituency, citizens, and civic associations on a regular basis; (3) To preside at all meetings of the board; (4) To coordinate with the county manager in setting the agenda for regular and specially called meetings of the board; (5) To vote in the event of a tie; (6) To veto acts of the governing authority approved by no more than three members, provided that:
(A) Any such veto, in order to be effective, shall be provided by the chair in writing, including an identification of the reason or reasons for the veto, to the county clerk no more than eight days after the occurrence of the act; (B) The county clerk shall provide a copy of the veto to the other members of the governing authority within five business days of receipt of the veto; and (C) No later than 60 days after the date of the receipt of the veto by the county clerk, the veto may be overturned by a vote of at least four members of the governing authority at any regularly scheduled meeting of the governing authority; (7) To execute ordinances and resolutions on their final passage and sign deeds, bonds, contracts, and other instruments and documents in any case in which the general laws of this state or any ordinance or resolution of the board so require or authorize; (8) To issue proclamations honoring and recognizing the achievements and contributions of citizens; (9) To coordinate intergovernmental activity among municipalities, other counties, state, and federal agencies;
WEDNESDAY, MARCH 16, 2016
2913
(10) To represent the board in matters involving the relationship of the county government with elected county officers; (11) To coordinate with the county legislative delegation on matters that impact county government; (12) To coordinate with the Chamber of Commerce and encourage economic development; (13) To represent the county government at ceremonial functions; (14) To submit a list of qualified candidates for the position of county manager as provided in this Act; (15) To ratify the removal of the county manager as provided in this Act; (16) To call special meetings of the board of commissioners as provided in this Act; (17) To coordinate with the county manager on the implementation of the work plan approved by the board; and (18) To perform such additional duties as may be required by law or ordinances or resolutions of the board. (e) Acts of the chair shall be binding unless four members of the board shall make their objections known within 30 days of an act, stating the reasons therefor, at an official meeting of the board, or if a meeting is not scheduled to be held prior to said action by the chair becoming effective, then four members of the board shall make their objections known to the chair, in writing, stating their objections and the reasons therefor, and said action by the chair shall be stayed until the next official meeting of the board. At such official meeting of the board, at least four of the members of the board may vote to override the action of the chair and thereby render this prior action nugatory. (f) Should the chair fail to exercise any of the duties provided for by law, a member of the board, at the next regular meeting, may bring a written accusation against such chair outlining the duties that such chair failed to exercise, and order said chair to show cause why such duties have not been exercised. Such accusation shall be entered in the minutes of the meeting. The chair shall then be afforded an opportunity to respond to such charges and show cause why such duties have not been exercised, if in fact such duties were not exercised. Such response shall also be entered in the minutes of the meeting. If, after such accusation, response, and further discussion, a majority of the members of the board, excluding the chair, feels that it is necessary for the welfare of the county to compel such chair to exercise such duties, the board may exercise the duty themselves or may make a written request to the Judge of the Superior Court of Newton County to issue a writ of mandamus commanding the chair to exercise such duties. (g)(1) The salary of the chair shall be as set forth by 'An Act to Provide for a Change in the Compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the chairman of the Board of Commissioners of Newton County to Reflect Increases in the Cost of Living; to Define Certain Terms; to Provide an Effective Date; to Repeal Conflicting Laws; and for Other Purposes,' approved April 6, 1981 (1981 Ga. Laws, p. 3304), and amended
2914
JOURNAL OF THE HOUSE
March 21, 1989 (1989 Ga. Laws, p. 3983) and March 25, 1994 (1994 Ga. Laws, p. 4156) or as otherwise determined by the General Assembly. (2) Cost-of-living increases shall be added to the base salary equivalent to the average percentage of the general increase in salary as may from time to time be granted to the executive, judiciary, and legislative branches of state government, as calculated by the State Office of Planning and Budget.
(3)(A) The chair shall receive reimbursement for actual and necessary expenses, excluding mileage or transportation costs, when the chair is out of town overnight on county business. (B) The chair shall receive reimbursement for mileage driven on county business in a personal vehicle. Such reimbursement shall correspond to the rate per mile authorized for employees of the State of Georgia. Reimbursements shall be paid only upon presentation of an itemized statement of expenses and mileage. (h)(1) In the event a vacancy occurs in the office of chair by death, resignation, or otherwise, and the unexpired term for such office exceeds 180 days before the date of election for such office, it shall be the duty of the county election superintendent to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, and the cost of the election shall be defrayed by the county governing authority. (2) In the event a vacancy occurs in the office of chair by death, resignation, or otherwise, and the unexpired term for such office is 180 days or less before the date of election for such office, a majority of the members of the board shall appoint a person to fill such vacancy until a successor takes office after the next general election.
SECTION 1-105. County manager.
(a) There is hereby created the office of county manager of Newton County, hereinafter at times referred to as 'manager'.
(b)(1) The manager shall be appointed by a majority of the members of the board from a list of qualified candidates to be provided by the chair. Provided sufficient applications are received, the chair shall submit at least three candidates for consideration by the board. In the event less than three candidates are submitted, all applications shall be provided to the board for review and determination of whether additional candidates should be added to the list provided by the chair. (2) The terms and conditions of the manager's appointment shall be provided for by contract to be approved by the board. (3) The manager shall serve at the pleasure of the board; however, any decision to remove the manager shall be ratified by the chair. If the chair does not ratify a decision to remove the manager, the manager may only be removed by the vote of at least four board members.
WEDNESDAY, MARCH 16, 2016
2915
(c) The manager shall be the administrative officer of Newton County and shall be responsible for the proper and efficient administration of all affairs of the county, except as otherwise provided in this Act or by law. It shall be the duty of the manager:
(1) To ensure all laws and ordinances of the county are enforced; (2) To implement the work plan approved by the board and coordinate with the chair on the implementation of the work plan; (3) To exercise control over all departments or divisions of the county, including:
(A) Facilitating internal and external communication throughout all levels of the organization; (B) Assisting departments with the resolution of problems that require the attention of count management; and (C) Informing the chair on departmental activities; (4) To manage and supervise county staff and department heads with the exception of employees of other elected county officials and the board of tax assessors, including the following: (A) To hire, determine compensation within the range approved by the board, train, evaluate performance, discipline, and terminate classified employees in coordination with the Human Resources Director and in accordance with the county's personnel policies; (B) To appoint department heads subject to ratification by the board and to train, determine compensation within the range approved by the board, evaluate performance, discipline, and terminate department heads; provided, however, that department heads shall have a right to appeal any termination decision to the board; and (C) To report to the board monthly on all positions to be filled in the ensuing month and all suspensions or replacements thereof which took place in the prior month. All said reports shall be spread upon the minutes of the board; (5) To supervise and regulate all purchase of materials and supplies for Newton County within such limitations and under such rules and regulations as may be imposed by the board; (6) To supervise the performance of all contracts for work done and services provided for Newton County and provide recommendations to the board on contract renewals; (7) To keep the board fully advised as to the financial condition and needs of the county as provided in this Act; (8) To work with the finance director and consult with the chair in the development of the annual budget as provided in this Act; (9) To oversee and participate in the resolution of inquiries and complaints from the public and other organizations; (10) To attend all meetings of the board with the right to brief the board on pending agenda items and take part in the discussions, provided that the manager shall have no vote on any matter or issue before the board;
2916
JOURNAL OF THE HOUSE
(11) To respond to inquiries and provide commissioners with information on the status of county operations and projects; (12) To provide analysis as needed to assist the board to make informed policy decisions; (13) To report to the chair regarding day to day operations and preparation of preliminary agenda items; and (14) To perform such other duties as may be required by the board.
SECTION 1-106. Board of commissioners clerk.
(a) The board shall have the authority to appoint a clerk and deputy clerks by affirmative vote of three of the members of the board, and the clerk shall serve at the pleasure of the board. (b) The clerk shall keep all books and records of the board and shall perform all duties required to keep the board's office open and all records open to public inspection as required by law. (c) The clerk shall receive such compensation as shall be determined by the board.
SECTION 1-107. Ethics.
(a) It is essential to the proper administration and operation of the Newton County government that public officials be, and give the appearance of being, independent and impartial; that public office not be used for private gain; and that there be public confidence in the integrity of Newton County public officials. Because the attainment of one or more of these ends is impaired whenever there exists in fact, or appears to exist, a conflict between the private interests and public responsibilities of Newton County public officials, the chair and members of the board shall adhere to all ethical standards established by all applicable general laws of the State of Georgia and by the Newton County Code of Ethics and any such ordinance or ordinances as may be adopted from time to time by the board with respect to the conduct of such public officials. (b) The chair and members of the board shall, before entering upon the duties of their office, make oath before the Judge of the Probate Court of said county to faithfully administer all things and affairs coming under their jurisdiction as county commissioners to the best interests of the county and to carry out the provisions of this Act.
(c)(1) The chair and members of the board, before entering upon their duties of office, shall give a good and sufficient bond to be approved by the Judge of the Probate Court of said county in the sum of $10,000.00 for the faithful discharge of their duties as county commissioners.
WEDNESDAY, MARCH 16, 2016
2917
(2) For any violations or neglect of duty as provided by this Act, said bonds shall become actionable, suit thereon to be brought in the name of the Judge of the Probate Court of said county, for the use of any person damaged thereby, or for the County of Newton for any breach thereof by malfeasance or misfeasance in office or for any tort, or wrong committed under color of office.
ARTICLE 2 MEETINGS OF THE BOARD OF COMMISSIONERS
SECTION 2-101. Meeting schedule.
(a) No later than December of each year, the board shall set the regular meeting schedule for the upcoming year. Said meeting schedule shall include a minimum of one meeting per month. (b) There shall be such other special called meetings or work sessions as may be called by the chair or three board members during each month.
SECTION 2-102. Agenda.
(a)(1) The chair and county manager shall coordinate on the placement of items on the agenda which shall be prepared by the clerk. (2) Any matters which any individual member of the board wishes to be brought before the board shall be submitted to the clerk, in writing, with a copy to the chair and county manager. (b) Board members shall be provided with a copy of the agenda and all supporting documentation as required by the Georgia Open Meetings Act and as otherwise required by any Newton County local procedural rules. If the local rules conflict with the Open Meetings Act, the Open Meetings Act shall control. (c) The agenda shall be approved by the board as required by the Georgia Open Meetings Act and as otherwise required by any Newton County local procedural rules. If the local rules conflict with the Open Meetings Act, the Open Meetings Act shall control. (d) Notwithstanding the foregoing subsections, the failure to include on the agenda an item which becomes necessary to address during the course of a meeting shall not preclude consideration or action upon same.
SECTION 2-103. Conduct of meetings.
(a) The chair shall preside at all meetings of the board, and in the absence of the chair, the member of the board designated as vice chair shall preside and act as chair.
2918
JOURNAL OF THE HOUSE
(b) Three members of the board shall constitute a quorum for the transaction of business.
(c)(1) Except as otherwise specified herein, the affirmative vote of at least three board members, or, in the event of a tie, two board members and the chair, shall be necessary to take official action. (2) The vote of at least four board members shall be required to approve any amendments to this Act the board is authorized by law to make or to approve ordinances or resolutions changing the powers or responsibilities of the board members, chair, or county manager.
ARTICLE 3 FINANCE SECTION 3-101.
Budget.
(a) The annual budget shall set forth all the anticipated revenues and expenditures for the ensuing fiscal year to begin July 1 of each year and going through June 30, setting forth in detail all categories where funds are to be received or expended. Budgeted expenditures shall not exceed the anticipated revenues of Newton County as based upon the tax digest for the current tax year as approved and upon such other moneys as were received by Newton County from all other sources during the previous fiscal year. (b) The manager shall work with the finance director and consult with the chair in the development of a budget for consideration by the board. In developing the budget, the manager shall prepare the board's administrative offices budget, and review departmental budget requests and requests for appropriations. An initial draft budget shall be submitted to the board by April 1 of each year. (c) Notwithstanding any other provision of any other local law to the contrary, the Judge of the Probate Court, the Sheriff, the Clerk of the Superior Court, and the Tax Commissioner of Newton County shall prepare budgets for the ensuing fiscal year based on the same fiscal year as the board and shall submit proposed budgets to the board by June 1 of each year. (d) Notwithstanding any other provision of any other local law to the contrary, with regard to the budget of any elected official of Newton County, who is required under law to submit a budget for the operation of his or her office to the board, the board shall have the power and authority to determine the amount which shall represent the final budget of said officials and only those amounts so determined by said board shall be paid from the funds of the county. After the board approves the budget of said officials, it will become the responsibility of the officials to administer the budget. (e) The manager shall coordinate the scheduling of budget meetings and, in consultation with the legal counsel, ensure compliance with all legal and procedural requirements for budget adoption. (f) The board shall approve a budget prior to the first day of the fiscal year; however, if for good and sufficient reasons, a budget cannot be adopted by the first day of the fiscal
WEDNESDAY, MARCH 16, 2016
2919
year, the budget shall be adopted not later than 30 days subsequent thereto. If the budget is not adopted prior to the beginning of the fiscal year, a resolution authorizing the continuation of necessary and essential expenditures to operate the county shall be adopted prior to any actual expenditure.
SECTION 3-102. Audit.
(a) At the end of each fiscal year, it shall be the duty of an auditor selected by the board to audit the financial affairs and transactions of all funds and activities of the board, the Judge of the Probate Court, the Sheriff, the Clerk of the Superior Court, and the Tax Commissioner and to return said audits to the board. (b) In conducting said audit, the auditor shall have the power to examine on oath the chair, any board member, or any other public official set out herein or any person serving under the board or any other public official set out herein relative to any account or item on the books and accounts or any transaction in said office. (c) Said auditor shall perform its duties herein prescribed and submit a report of its findings as required by law and to the grand jury sitting at the fall term of the Newton Superior Court. (d) A summarized audit statement shall be published in the county legal organ.
SECTION 3-103. Financial condition.
In keeping the board fully advised as to the financial condition and needs of the county, the manager shall:
(1) Present to the board a monthly financial statement showing the revenues and expenditures of the previous month; (2) Present and publish such other financial reports as requested by the board; (3) Perform financial and managerial analyses pertaining to county operations and programs and other matters under consideration; and (4) Gather requested information, evaluate data, and make recommendations on programs and other matters under consideration.
SECTION 3-104. Approval of expenditures.
(a) All purchases of Newton County, and the method for payment of same, shall be governed by all applicable general laws of the State of Georgia and by any such ordinance or ordinances as may be adopted from time to time by the board.
(b)(1) The signature of the chair and the manager shall be required on all checks issued by Newton County. In the absence of either the chair or manager, the signature of any board member shall be required as the second signature.
2920
JOURNAL OF THE HOUSE
(2) Any check shall be deemed to be signed with the full knowledge of the intent and purposes for which said check was issued."
SECTION 2. The Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), and all amendments thereto, and all other laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 1011. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4281), 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 repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
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), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4281), so as to change the compensation of the sheriff, the chief deputy, the assistant chief deputy, and the executive assistant to the sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
WEDNESDAY, MARCH 16, 2016
2921
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. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4281), is amended by revising Section 5 as follows:
"(a) The salary of the sheriff of Cobb County shall be $144,438.57 per annum, to be paid in monthly installments from the funds of Cobb County. (b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $134,795.27 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies provided for in this subsection, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of assistant chief deputy for Cobb County. The assistant chief deputy shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, at a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer or be a graduate of a law school accredited by the Georgia Bar Association or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master's degree from an accredited college
2922
JOURNAL OF THE HOUSE
or university. The salary of the assistant chief deputy shall be $122,307.60 per annum, to be paid in equal monthly installments from the funds of Cobb County. (d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive assistant to the sheriff. The executive assistant shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive assistant. The salary of the executive assistant shall be $73,487.83 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.
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:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas
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
England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice 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
WEDNESDAY, MARCH 16, 2016
2923
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
E Martin Y Maxwell Y Mayo E McCall Y McClain Y Meadows
Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, A Y Williams, C E 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, and the House has agreed to the Senate substitute.
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 1027. By Senators Mullis of the 53rd, Miller of the 49th, Cowsert of the 46th, Tate of the 38th and Jackson of the 24th:
A RESOLUTION creating the Joint Music Economic Development Study Committee; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the Joint Music Economic Development Study Committee; and for other purposes.
WHEREAS, the music industry in Georgia, through the creativity and effort of many talented and dedicated performers, producers, promoters, technicians, and others working in many different musical genres and styles, has entertained and given great pleasure to millions of people worldwide; and
WHEREAS, the music industry contributes substantially to the quality of life and economic welfare of citizens of this state; and
WHEREAS, in light of the above, it is highly desirable to encourage and promote the continued growth and success of the music industry in this state; and
WHEREAS, it is fitting and proper to examine the following aspects of the music industry in Georgia:
2924
JOURNAL OF THE HOUSE
(1) The economic impact of the music industry in Georgia and ways to measure, expand, and promote the music economy statewide and foster integration with other creative industries including film, digital media and gaming; (2) The current mix of music content creators in Georgia and ways to retain and attract talent while expanding music content as a net cultural export; (3) The current state of the music and sound recording sector in Georgia and ways to support and promote that sector; (4) The current state of music tourism including live music and performance, music festivals and music attractions and ways to support and promote that sector; (5) The current state of music technology and entrepreneurship and explore ways to support and promote innovation and enterprise investment; (6) The musical tour and theatrical production in Georgia and ways to develop and promote that sector of the industry; (7) The current state of post-secondary music education opportunities in Georgia and ways to ensure a consistent, trained and reliable future workforce and alignment with private sector needs; (8) The business side of music in Georgia, taking into account various industry clusters, and ways to strengthen and expand the business of music; and (9) The Georgia Music Hall of Fame and its awards ceremony and ways that the institution can promote music in Georgia while providing for continued economic development.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
(1) Creation of joint study committee. There is created the Joint Music Economic Development Study Committee. (2) Members and officers.
(A) The committee shall be composed of 13 members. (B) The President of the Senate shall appoint three members of the Senate as members of the committee and shall designate one of such members as cochairperson. The President of the Senate shall also appoint an additional three members of the committee from the music business. (C) The Speaker of the House of Representatives shall appoint three members of the House of Representatives as members of the committee and shall designate one of such members as cochairperson. The Speaker of the House of Representatives shall also appoint an additional three members of the committee from the music business. (D) The commissioner of economic development, or his or her designee, shall be a member 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.
WEDNESDAY, MARCH 16, 2016
2925
(4) Meetings. The cochairpersons 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 Senate and 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 cochairpersons 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 cochairpersons 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 cochairpersons of the committee and filed with the Secretary of the Senate and the Clerk of the House of Representatives. (D) In the absence of an approved report, the cochairpersons may file with the Secretary of the Senate and 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, 2016.
2926
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain Y Meadows
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, by substitute, the ayes were 166, nays 5.
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:
WEDNESDAY, MARCH 16, 2016
2927
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
HB 736. By Representatives Atwood of the 179th, Jones of the 167th, Petrea of the 166th, Stephens of the 164th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to provide for a special license plate promoting marine habitat conservation; to provide for related matters; to require a twothirds' majority vote for passage in accordance with constitutional requirements; 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 1382. By Representatives Buckner of the 137th, Abrams of the 89th, Hugley of the 136th, Mitchell of the 88th, Bentley of the 139th and others:
A RESOLUTION encouraging the Department of Community Health to create and seek the counsel of a State Health Benefit Plan Customer Advisory Council; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
2928
JOURNAL OF THE HOUSE
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
N 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 N 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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain Y Meadows
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N 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 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 N Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E
Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 155, nays 14.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the Senate, having previously been read, was again taken up for consideration:
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:
WEDNESDAY, MARCH 16, 2016
2929
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.
The Committee substitute, having previously been read, 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:
Abrams Y Alexander N Allison E Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
Benton Y Beskin Y Beverly N Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D N 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
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan E Glanton Y Golick Y Gordon N Gravley Y Greene
Y Harden N Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J
Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra
Marin Y Martin N Maxwell
Mayo E McCall Y McClain Y Meadows
Y Metze Mitchell
N Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice N 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 Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall N 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 N Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
2930
JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, the ayes were 144, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 331. By Senators Thompson of the 14th, Hill of the 32nd, Cowsert of the 46th, McKoon of the 29th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 15-11-2 and Title 19 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code and domestic relations, respectively, so as to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for terminating parental rights; to revise definitions; to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for losing parental rights and is relevant in certain adoption proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 15-11-2 and Title 19 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code and domestic relations, respectively, so as to provide how causing a child to be conceived as a result of rape is involved in terminating parental rights; to revise a definition; to provide that causing a child to be conceived as a result of rape is relevant in legitimation and adoption proceedings; to provide for a stay of discovery 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. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code, is amended by revising paragraph (5) as follows:
"(5) 'Aggravated circumstances' means the parent has: (A) Abandoned a child;
WEDNESDAY, MARCH 16, 2016
2931
(B) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of such parent; (C) Subjected a child or his or her sibling to torture, chronic abuse, sexual abuse, or sexual exploitation; (D) Committed the murder or voluntary manslaughter of his or her child's other parent or has been convicted of aiding or abetting, attempting, conspiring, or soliciting the murder or voluntary manslaughter of his or her child's other parent; (E) Committed the murder or voluntary manslaughter of another child of such parent; or (F) Committed an assault that resulted in serious bodily injury to his or her child or another child of such parent; or (G) Caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age."
SECTION 2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising subsection (c) of Code Section 19-7-22, relating to a petition for legitimation of a child, as follows:
"(c)(1) Upon the presentation and filing of the a legitimation petition, the court may pass issue an order declaring the father's relationship with the child to be legitimate, and that. If the court grants such petition, the father and child shall be capable of inheriting from each other in the same manner as if born in lawful wedlock, and specifying the court shall specify the name by which the child shall be known.
(2)(A) If the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, or an offense which consists of the same or similar elements under federal law or the laws of another state or territory of the United States, it shall create a presumption against legitimation. (B) Notwithstanding Code Section 53-2-3, if the court denies a legitimation petition under this paragraph, the child shall be capable of inheriting from or through his or her father. Notwithstanding Code Section 53-2-4, if the court denies a legitimation petition under this paragraph, the father shall not be capable of inheriting from or through his child. (C) If there is a pending criminal proceeding in connection with an allegation made pursuant to subparagraph (A) of this paragraph, the court shall stay discovery in the legitimation action until the completion of such criminal proceeding."
SECTION 3. Said title is further amended by revising subsection (a) of Code Section 19-8-10, relating to when the surrender or termination of parental rights is not required in the context of adoption, as follows:
2932
JOURNAL OF THE HOUSE
"(a) Surrender or termination of rights of a parent pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-813 where when the court determines by clear and convincing evidence that the:
(1) Child has been abandoned by that parent; (2) Parent cannot be found after a diligent search has been made; (3) Parent is insane or otherwise incapacitated from surrendering such rights; or (4) Parent caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age; or (4)(5) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (3), (4), or (5) of subsection (a) of Code Section 15-11-310, and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home."
SECTION 4. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 19-8-11, relating to petitioning the superior court to terminate parental rights, as follows:
"(3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection where when the court determines by clear and convincing evidence that the:
(A) Child has been abandoned by that parent; (B) Parent of the child cannot be found after a diligent search has been made; (C) Parent is insane or otherwise incapacitated from surrendering such rights; or (D) Parent caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age; or (D)(E) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (3), (4), or (5) of subsection (a) of Code Section 15-11-310, and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
WEDNESDAY, MARCH 16, 2016
2933
The following amendment was read and adopted:
Representatives Willard of the 51st and Strickland of the 111th offer the following amendment:
Amend the House Committee on Judiciary substitute to SB 331 (LC 29 7082S) by inserting after "circumstances" on line 6 the following: to amend Code Section 53-2-4 of the Official Code of Georgia Annotated, relating to inheritance from children born out of wedlock, so as to change provisions relating to a father making a sworn statement in order to inherit from his child;
By inserting between lines 91 and 92 the following: Code Section 53-2-4 of the Official Code of Georgia Annotated, relating to inheritance from children born out of wedlock, is amended by revising paragraph (3) of subsection (b) as follows:
"(3) The father has, during the lifetime of the child, executed a sworn statement signed by the father attesting to the parent-child relationship; provided, however, that when the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, such sworn statement shall be insufficient for purposes of this subsection;"
SECTION 6.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
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 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 Jasperse
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle
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
2934
JOURNAL OF THE HOUSE
Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin Y Martin Y Maxwell
Mayo E McCall Y McClain Y Meadows
Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Speaker announced the House in recess until 3:30 o'clock, this afternoon.
The Speaker Pro Tem 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 substitute, by the requisite constitutional majority, the following bill of the House:
HB 691. By Representatives Tanner of the 9th, Willard of the 51st, Welch of the 110th, Caldwell of the 131st and Golick of the 40th:
A BILL to be entitled an Act to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to provide the removal of appointed municipal court judges under certain circumstances; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, MARCH 16, 2016
2935
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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.
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 145 Do Pass, by Substitute SB 199 Do Pass, by Substitute
Respectfully submitted, /s/ Rynders of the 152nd
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 bills of the House:
HB 779. By Representatives Tanner of the 9th, Lumsden of the 12th, Watson of the 172nd, Prince of the 127th and Broadrick of the 4th:
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 regulate the use of unmanned aircraft systems and images captured by such systems; to provide
2936
JOURNAL OF THE HOUSE
for definitions; to provide for exceptions; to provide for penalties and a civil right of action; to provide for venue; to amend Code Section 27-3-151 of the Official Code of Georgia Annotated, relating to activity prohibited in the taking of wildlife, so as to regulate the use of unmanned aircraft systems in connection to hunting and fishing; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 952. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Coomer of the 14th and Carter of the 175th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating professions and businesses, so as to enact the "Georgia Professional Regulation Reform Act"; to provide for executive oversight of licensing boards; to establish state policy for the regulation of certain professions and businesses; to provide for legislative intent; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1783. By Representative Kaiser of the 59th:
A RESOLUTION recognizing and commending Mattie King Ansley Jackson; and for other purposes.
HR 1784. By Representatives Thomas of the 56th, Stovall of the 74th, Beasley-Teague of the 65th, Thomas of the 39th and Dawkins-Haigler of the 91st:
A RESOLUTION recognizing and commending Dr. Walter Anthony Rodney and The Walter Rodney Foundation; and for other purposes.
HR 1785. By Representatives Wilkerson of the 38th, Thomas of the 39th, Smith of the 41st and Bruce of the 61st:
A RESOLUTION commending the senior members of South Cobb High School's softball team on becoming the winningest class in program history; and for other purposes.
HR 1786. By Representative Rogers of the 10th:
A RESOLUTION commending Prevent Child Abuse Habersham and recognizing April, 2016, as Prevent Child Abuse Awareness Month at the state capitol; and for other purposes.
WEDNESDAY, MARCH 16, 2016
2937
HR 1787. By Representatives Stovall of the 74th, Thomas of the 39th, Marin of the 96th, McClain of the 100th and Pak of the 108th:
A RESOLUTION recognizing and commending Mr. Randy Muth and the Angkor Resource Center, Inc.; and for other purposes.
HR 1788. By Representatives Ballinger of the 23rd, Stephens of the 164th, Hitchens of the 161st, Petrea of the 166th, Stephens of the 165th and others:
A RESOLUTION recognizing and commending the Chatham County Child Fatality Review Committee on receiving the 2014 Child Fatality Review Committee of the Year Award; and for other purposes.
HR 1789. By Representatives Hugley of the 136th, Buckner of the 137th, Smyre of the 135th, Smith of the 134th and Pezold of the 133rd:
A RESOLUTION commending the smart, talented second graders of Forrest Road Elementary School in Columbus, Georgia, for their astronomy findings; and for other purposes.
HR 1790. By Representatives Ballinger of the 23rd, Meadows of the 5th, Jasperse of the 11th, Coomer of the 14th and Battles of the 15th:
A RESOLUTION recognizing and commending the Cherokee Circuit Child Fatality Review Committee on receiving the 2015 Child Fatality Review Prevention Team Award; and for other purposes.
HR 1791. By Representatives Ballinger of the 23rd, Powell of the 32nd, Rhodes of the 120th and McCall of the 33rd:
A RESOLUTION recognizing and commending the 2015 Child Fatality Review Committee of the Year, Northern Circuit; and for other purposes.
HR 1792. By Representative Jones of the 53rd:
A RESOLUTION recognizing and commending Councilwoman Felicia A. Moore; and for other purposes.
HR 1793. By Representatives Frye of the 118th, Quick of the 117th and Williams of the 119th:
A RESOLUTION recognizing and commending Tro'vonta D. Burgess; and for other purposes.
2938
JOURNAL OF THE HOUSE
HR 1794. By Representative Jones of the 53rd:
A RESOLUTION recognizing Reverend Claude D. Porter, Sr.; and for other purposes.
HR 1795. By Representatives Stovall of the 74th, Alexander of the 66th, Thomas of the 39th, Efstration of the 104th, Ballinger of the 23rd and others:
A RESOLUTION recognizing March 21, 2016, as Single Parent Day at the capitol; and for other purposes.
The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 16, 2016
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
Modified Structured Rule
SB 85
SB 307 SB 367 SB 369
Development Authorities; revise the definition of projects as applicable; modify the tax exemption (Substitute)(GAff-Raffensperger-50th) Beach21st Public Roads; provide for definitions relative to advertising (Substitute)(Trans-Coomer-14th) Beach-21st Georgia Council Justice Reform; provide for comprehensive reform (Substitute)(JudyNC-Efstration-104th) Kennedy-18th Fireworks; revise the standard of compliance from explosion to ignition; definitions (Substitute)(RegI-Jones-47th) Mullis-53rd (AM 34 0735)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
WEDNESDAY, MARCH 16, 2016
2939
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 367. By Senators Kennedy of the 18th, Miller of the 49th, Dugan of the 30th, Jones of the 25th, Kirk of the 13th and others:
A BILL to be entitled an Act to provide for comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system so as to promote an offender's successful reentry into society, benefit the public, and enact reforms recommended by the Georgia Council on Criminal Justice Reform; 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 comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system so as to promote an offender's successful reentry into society, benefit the public, and enact reforms recommended by the Georgia Council on Criminal Justice Reform; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create operating under the influence court divisions and family treatment court divisions; to provide for assignment of cases, planning groups, work plans, standards and practices, staffing and expenses, records, fees, grants, and donations; to provide for oversight by the Council of Accountability Court Judges of Georgia; to change the composition of the Council of Accountability Court Judges of Georgia; to provide for record restriction in accountability courts under certain circumstances; to provide for considerations relative to the detention of children under the age of 14; to authorize a state or local governing authority to contract for services for Pretrial Intervention and Diversion Programs; to provide for the collection of fees for and expenditures of funds from the County Drug Abuse Treatment Education Fund relative to operating under the influence and family treatment court divisions; to amend Titles 20, 42, and 49 of the Official Code of Georgia Annotated, relating to education, penal institutions, and social services, respectively, so as to provide for students incarcerated in Department of Corrections facilities or incarcerated or committed to Department of Juvenile Justice facilities to receive educational services through a state charter school; to provide for state funding for the education of such students in the same manner as for other students enrolled in the state charter school; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so to provide for matters relating to school discipline and disrupting the operation of public schools; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to create better opportunities for defendants to regain driving privileges; to provide for a pauper's affidavit for a partial waiver of driver's license reinstatement and restoration fees; to
2940
JOURNAL OF THE HOUSE
provide for concurrent driver's license suspensions and revocations under certain circumstances; to change provisions relating to determining the length of certain driver's license revocations; to limit eligibility for indefinitely renewable limited driving permits; to provide for certain drivers' licenses to be automatically reinstated; to provide for procedure; to allow operating under the influence court divisions to restore or suspend an operating under the influence court division participant's driver's license or issue a participant a limited driving permit or ignition interlock device limited driving permit under certain circumstances; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to clarify responsibilities of the Board of Community Supervision and the Department of Community Supervision; to provide for an offender transition and reentry unit and misdemeanor probation unit within the Department of Community Supervision; to amend Chapter 8 of Title 42, Article 2 of Chapter 7 of Title 17, and Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to probation, commitment hearings, and the Georgia Crime Information Center, respectively, so as to clarify first offender status and provide duties, obligations, and responsibilities for the clerk of court, the Department of Community Supervision, probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, and the Department of Corrections; to specify entities to whom first offender information shall be provided; to change provisions relating to first offender dispositions and the release of records thereof; to provide for the reporting of cases dismissed prior to filing an accusation or indictment; to provide for procedure; to enact reforms relating to criminal record keeping and dissemination; to clarify duties and responsibilities for criminal record keeping and dissemination; to clarify provisions relating to record restriction; to allow record restriction for certain first offenders who were under 21 years of age and accused of certain alcohol related violations; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change provisions relating to agreements for probation services; to provide for preliminary requirements for revocations based solely on failure to pay fines, statutory surcharges, or probation supervision fees or solely on failure to report; to provide for procedure; to provide for early termination of probation and review of certain misdemeanor probation cases under certain circumstances; to change provisions relating to parole eligibility for certain offenders; to repeal obsolete references to pretrial diversion programs that are no longer operated by the Department of Corrections or the Department of Community Supervision; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to professions and businesses, so as to require professional licensing boards to consider certain factors relating to felonies before denying a license to an applicant or revoking a license and to provide for probationary licenses for participants in accountability courts; to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for public assistance, so as to provide for eligibility for food stamps under certain circumstances; to amend Code Section 49-4A-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Juvenile Justice, so as to provide for rules and regulations governing the transfer of probation supervision of certain juvenile offenders; to amend
WEDNESDAY, MARCH 16, 2016
2941
the Official Code of Georgia Annotated so as to conform provisions and correct crossreferences; 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 EXPANDING ACCOUNTABILITY COURTS AND PRETRIAL INTERVENTION AND DIVERSION PROGRAMS;
DETENTION OF YOUTH SECTION 1-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (1) of subsection (a) of Code Section 15-1-18, relating to the Council of Accountability Court Judges of Georgia, as follows:
"(1) 'Accountability court' means a superior, state, or juvenile court that has a drug court division, mental health court division, or veterans court division, or operating under the influence court division or a juvenile court that has a family treatment court division."
SECTION 1-2. Said title is further amended by adding a new Code section to read as follows:
"15-1-19. (a)(1) As used in this subsection, the term 'risk and needs assessment' means an actuarial tool, approved by the Council of Accountability Court Judges of Georgia and validated on a targeted population, scientifically proven to determine an individual's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce such individual's likelihood of committing future criminal behavior. (2) Any superior, state, or juvenile court that has jurisdiction over a violation of Code Section 40-6-391 or 52-7-12 may establish an operating under the influence court division to provide an alternative to the traditional judicial system for disposition of such cases. (3) In any case which arises from a violation of Code Section 40-6-391 or 52-7-12 or is ancillary to such conduct and the defendant meets the eligibility criteria for the operating under the influence court division, the court may assign the case to the operating under the influence court division: (A) Prior to the entry of the sentence, if the prosecuting attorney consents; (B) As part of a sentence in a case; or (C) Upon consideration of a petition to revoke probation. (4) Each operating under the influence court division shall establish a planning group to develop a work plan. The planning group shall include the judges, prosecuting attorneys, public defenders, community supervision officers, probation officers
2942
JOURNAL OF THE HOUSE
serving pursuant to Article 6 of Chapter 8 of Title 42, 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 operating under the influence court division. The work plan shall include operating under the influence court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (5) 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 also shall ensure that operating under the influence court division eligibility shall be focused on moderate-risk and high-risk offenders as determined by a risk and needs assessment. The operating under the influence court division shall combine judicial supervision, treatment of operating under the influence court division participants, and drug testing.
(5)(A) The Council of Accountability Court Judges of Georgia shall establish standards and practices for operating under the influence court divisions, taking into consideration guidelines and principles based on current research and findings that are published by the National Drug Court Institute, the National Center for DWI Courts, and the Substance Abuse and Mental Health Services Administration and related to practices shown to reduce recidivism of offenders with alcohol or 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 Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the operating under the influence court field. Each operating under the influence court division shall adopt policies and practices that are consistent with the standards and practices published by the Council of Accountability Court Judges of Georgia. (B) The Council of Accountability Court Judges of Georgia shall provide technical assistance to operating under the influence 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 operating under the influence court divisions. (C) The Council of Accountability Court Judges of Georgia shall create and manage a certification and peer review process to ensure operating under the influence court divisions are adhering to the Council of Accountability Court Judges of Georgia's standards and practices and shall create a waiver process for operating under the influence court divisions to seek an exception to the Council of Accountability Court Judges of Georgia's standards and practices. In order to receive state appropriated funds, any operating under the influence court division established on and after July 1, 2017, shall be certified pursuant to this subparagraph or, for good cause shown to the Council of Accountability Court Judges of Georgia, shall receive a waiver from the Council of Accountability Court Judges of Georgia.
WEDNESDAY, MARCH 16, 2016
2943
(D) On and after July 1, 2017, the award of any state funds for an operating under the influence court division shall be conditioned upon an operating under the influence court division attaining certification or a waiver by the Council of Accountability Court Judges of Georgia. On or before September 1, the Council of Accountability Court Judges of Georgia shall publish an annual report listing certified operating under the influence court divisions. (E) The Council of Accountability Court Judges of Georgia shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all operating under the influence court divisions. The 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 an operating under the influence 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, 2017, and every three years thereafter, the Council of Accountability Court Judges of Georgia shall conduct a performance peer review of the operating under the influence court divisions for the purpose of improving operating under the influence court division policies and practices and the certification and recertification process. (6) A court instituting the operating under the influence court division may request the prosecuting attorney for the jurisdiction to designate one or more prosecuting attorneys to serve in the operating under the influence court division and may request the public defender, if any, to designate one or more assistant public defenders to serve in the operating under the influence court division. (7) The clerk of court for the court that is instituting the operating under the influence court division or such clerk's designee shall serve as the clerk of the operating under the influence court division. (8) The court instituting the operating under the influence court division may request community supervision officers, probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, and other employees of the court to perform duties for the operating under the influence court division. Such individuals shall perform duties as directed by the judges of the operating under the influence court division. (9) The court instituting the operating under the influence court division may enter into agreements with other courts, agencies, and private corporations, private enterprises, private agencies, or private entities providing services pursuant to Article 6 of Chapter 8 of Title 42 for the assignment of personnel from such other entities to the operating under the influence court division. (10) Expenses for salaries, equipment, services, and supplies incurred in implementing this Code section may be paid from state funds, funds of the county or political subdivision implementing such operating under the influence court division, federal grant funds, and funds from private donations.
2944
JOURNAL OF THE HOUSE
(b)(1) Each operating under the influence court division shall establish criteria which define the successful completion of the operating under the influence court division program. (2) If the operating under the influence court division participant successfully completes the operating under the influence court division program as part of a sentence imposed by the court:
(A) A judge presiding in such court division shall not order the dismissal of any offense involving or arising from a violation of Code Section 40-6-391 or 52-7-12; and (B) A judge presiding in such court division shall not order the restriction or vacation of a conviction of any offense involving or arising from a violation of Code Section 40-6-391 or 52-7-12. (3) If the operating under the influence court division participant successfully completes the operating under the influence court division program as part of a sentence imposed by the court, the sentence of the operating under the influence court division participant may be reduced or modified. (4) Any plea of guilty or nolo contendere entered pursuant to this Code section shall not be withdrawn without the consent of the court. (c) Any statement made by an operating under the influence court division participant as part of participation in such court division, or any report made by the staff of such court division or program connected to such court division, regarding a participant's substance usage shall not be admissible as evidence against the participant in any legal proceeding or prosecution; provided, however, that, if the participant violates the conditions of his or her participation in the program or is terminated from the operating under the influence court division, the reasons for the violation or termination may be considered in sanctioning, sentencing, or otherwise disposing of the participant's case. (d) Notwithstanding any provision of law to the contrary, operating under the influence court division staff shall be provided, upon request, with access to all records relevant to the treatment of the operating under the influence court division participant from any state or local government agency. All such records and the contents thereof shall be treated as confidential, shall not be disclosed to any person outside of the operating under the influence court division, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. Such records and the contents thereof shall be maintained by the operating under the influence court division and originating court in a confidential file not available to the public. (e) Any fees received by an operating under the influence court division from an operating under the influence court division participant as payment for substance abuse treatment and services shall not be considered as court costs or a fine. (f) The court may have the authority to accept grants, donations, and other proceeds from outside sources for the purpose of supporting the operating under the influence court division. Any such grants, donations, or proceeds shall be retained by the operating under the influence court division for expenses."
WEDNESDAY, MARCH 16, 2016
2945
SECTION 1-3. Said title is further amended by adding a new Code section to read as follows:
"15-1-20. (a) As used in this Code section, the term:
(1) 'Accountability court' means a superior or state court that has a drug court division, mental health court division, or veterans court division or a juvenile court that has a family treatment court division. (2) 'Criminal history record information' shall have the same meaning as set forth in Code Section 35-3-30. (3) 'Criminal justice agencies' shall have the same meaning as set forth in Code Section 35-3-30. (4) 'Restrict,' 'restricted,' or 'restriction' means that criminal history record information shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34 or to governmental agencies or licensing and regulating agencies pursuant to Code Section 35-3-35. (b) When a case is assigned to an accountability court and the defendant is required to complete a drug court division program, mental health court division program, veterans court division program, or family treatment court division program, as applicable, prior to the entry of the judgment, in contemplation that the defendant's case will be dismissed or nolle prossed, the court may, in its discretion, restrict the dissemination of the defendant's criminal history record information by the Georgia Crime Information Center for the prosecution of the case assigned to such court. The court shall specify the date such restriction shall take effect. The court may revoke such order at any time. (c)(1) Criminal history record information restricted pursuant to this Code section shall always be available for inspection, copying, and use:
(A) To criminal justice agencies for law enforcement or criminal investigative purposes or for purposes of criminal justice agency employment; (B) To judicial officials; (C) By the Judicial Qualifications Commission; (D) By a prosecuting attorney or public defender who submits a sworn affidavit to the clerk of court that attests that such information is relevant to a criminal proceeding; (E) Pursuant to a court order; and (F) By an individual who is the subject of restricted criminal history record information upon court order. (2) The confidentiality of such information shall be maintained insofar as practical."
SECTION 1-4. Said title is further amended by revising Code Section 15-11-11, relating to concurrent jurisdiction, as follows:
"15-11-11. The juvenile court shall have concurrent jurisdiction to hear:
2946
JOURNAL OF THE HOUSE
(1) Any legitimation petition filed pursuant to Code Section 19-7-22 concerning a child alleged to be dependent; (2) Any legitimation petition transferred to the court by proper order of the superior court; (3) The issue of custody and support when the issue is transferred by proper order of the superior court; provided, however, that if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for the jury trial; and (4) Any petition for the establishment or termination of a temporary guardianship transferred to the court by proper order of the probate court; and (5) Any criminal case transferred to the court pursuant to subsection (d) of Code Section 15-11-15."
SECTION 1-5. Said title is further amended by revising Code Section 15-11-15, relating to transfers from superior court, as follows:
"15-11-15. (a) In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination. (b) If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this chapter in compliance with the order of the superior court, except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court. (c) At any time prior to the determination of any such question regarding custody, support, or custody and support, the juvenile court may transfer the jurisdiction of the question back to the referring superior court. (d) In handling criminal cases involving an accused who is in jeopardy of having his or her parental rights terminated due to criminal charges, a superior court may transfer a criminal case to a family treatment court division of a juvenile court for treatment and a report back to the superior court so long as the prosecuting attorney and accused agree to such transfer; provided, however, that such juvenile court may transfer such case back to the referring superior court at any time."
SECTION 1-6. Said title is further amended by adding a new Code section to read as follows:
"15-11-70. (a)(1) As used in this subsection, the term 'risk and needs assessment' means an actuarial tool, approved by the Council of Accountability Court Judges of Georgia and validated on a targeted population, scientifically proven to determine an individual's risk to recidivate and to identify criminal risk factors that, when properly
WEDNESDAY, MARCH 16, 2016
2947
addressed, can reduce such individual's likelihood of committing future criminal behavior. (2) Any juvenile court may establish a family treatment court division to provide an alternative to the traditional judicial system for the disposition of dependancy cases and for assisting superior courts with criminal cases referred to such division under Code Section 15-11-15. The goal of a family treatment court division is to:
(A) Reduce alcohol or drug abuse and addiction for respondents in dependency proceedings; (B) Improve permanency outcomes for families when dependency is based in part on alcohol or drug use and addiction; (C) Increase the personal, familial, and societal accountability of respondents in dependency proceedings; and (D) Promote effective intervention and use of resources among child welfare personnel, law enforcement agencies, treatment providers, community agencies, and the courts. (3) In any criminal case transferred pursuant to Code Section 15-11-15, when the defendant meets the eligibility criteria for the family treatment court division, such case may be assigned to the family treatment court division: (A) Prior to the entry of the sentence, if the prosecuting attorney consents; (B) As part of a sentence in a case; or (C) Upon consideration of a petition to revoke probation. (4) Each family treatment court division shall establish a planning group to develop a work plan. The planning group shall include the judges, prosecuting attorneys, special assistant attorneys general, public defenders, attorneys who represent children and parents, law enforcement officials, probation officers, community supervision officers, court appointed special advocates, guardians ad litem, and other individuals having expertise in services available to families in dependency proceedings. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the family treatment court division. The work plan shall include family treatment court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (5) 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 include eligibility criteria for the family treatment court division. The family treatment court division shall combine judicial supervision, treatment of family treatment court division participants, drug testing, and mental health treatment. (5)(A) The Council of Accountability Court Judges of Georgia shall establish standards and practices for family treatment court divisions, taking into consideration guidelines and principles based on current research and findings that are published by experts on family treatment health needs and treatment options in a dependency setting. 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
2948
JOURNAL OF THE HOUSE
and identify the needs that, when met, reduce recidivism. The Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the family treatment court field. Each family treatment court division shall adopt policies and practices that are consistent with the standards and practices published by the Council of Accountability Court Judges of Georgia. (B) The Council of Accountability Court Judges of Georgia shall provide technical assistance to family treatment 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 family treatment court divisions. (C) The Council of Accountability Court Judges of Georgia shall create and manage a certification and peer review process to ensure family treatment court divisions are adhering to the Council of Accountability Court Judges of Georgia's standards and practices and shall create a waiver process for family treatment court divisions to seek an exception to the Council of Accountability Court Judges of Georgia's standards and practices. In order to receive state appropriated funds, any family treatment court division established on and after July 1, 2017, shall be certified pursuant to this subparagraph or, for good cause shown to the Council of Accountability Court Judges of Georgia, shall receive a waiver from the Council of Accountability Court Judges of Georgia. (D) On and after July 1, 2017, the award of any state funds for a family treatment court division shall be conditioned upon a family treatment court division attaining certification or a waiver by the Council of Accountability Court Judges of Georgia. On or before September 1, the Council of Accountability Court Judges of Georgia shall publish an annual report listing certified family treatment court divisions. (E) The Council of Accountability Court Judges of Georgia shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all family treatment court divisions. The Council of Accountability Court Judges of Georgia shall identify elements necessary for performance measurement, including, but not limited to, the number of children reunited with participants in a family treatment 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, 2017, and every three years thereafter, the Council of Accountability Court Judges of Georgia shall conduct a performance peer review of the family treatment court divisions for the purpose of improving family treatment court division policies and practices and the certification and recertification process. (6) A court instituting the family treatment court division may request any of the following individuals to serve in the family treatment court division: (A) One or more prosecuting attorneys designated by the prosecuting attorney for the jurisdiction; (B) A special assistant attorney general; or
WEDNESDAY, MARCH 16, 2016
2949
(C) One or more assistant public defenders designated by the public defender, if any. (7) The clerk of the juvenile court that is instituting the family treatment court division or such clerk's designee shall serve as the clerk of the family treatment court division. (8) The court instituting the family treatment court division may request community supervision officers, probation officers, and other employees of the court to perform duties for the family treatment court division. Such individuals shall perform duties as directed by the judges of the family treatment court division. (9) The court instituting the family treatment court division may enter into agreements with other courts and agencies for the assignment of personnel and probation supervision from other courts and agencies to the family treatment court division. (10) Expenses for salaries, equipment, services, and supplies incurred in implementing this Code section may be paid from state funds, funds of the county or political subdivision implementing such family treatment court division, federal grant funds, and funds from private donations. (b) Each family treatment court division shall establish criteria which define the successful completion of the family treatment court division program. If the family treatment court division participant who was referred to the family treatment court division on a criminal charge by a superior court successfully completes the family treatment court division program, a report of such completion shall be communicated to the referring superior court judge. (c) Any statement made by a family treatment court division participant as part of participation in such court division, or any report made by the staff of such court division or program connected to such court division, regarding a participant's substance usage shall not be admissible as evidence against the participant in any legal proceeding or prosecution; provided, however, that, if the participant violates the conditions of his or her participation in the program or is terminated from the family treatment court division, the reasons for the violation or termination may be considered in sanctioning, sentencing, or otherwise disposing of the participant's case. (d) Notwithstanding any provision of law to the contrary, family treatment court division staff shall be provided, upon request, with access to all records relevant to the treatment of the family treatment court division participant from any state or local government agency. All such records and the contents thereof shall be treated as confidential, shall not be disclosed to any person outside of the family treatment court division, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. Such records and the contents thereof shall be maintained by the family treatment court division and originating court in a confidential file not available to the public.
2950
JOURNAL OF THE HOUSE
(e) Any fees received by a family treatment court division from a family treatment court division participant as payment for substance abuse treatment and services shall not be considered as court costs or a fine. (f) The court may have the authority to accept grants, donations, and other proceeds from outside sources for the purpose of supporting the family treatment court division. Any such grants, donations, or proceeds shall be retained by the family treatment court division for expenses."
SECTION 1-7. Said title is further amended by revising Code Section 15-11-505, relating to the use of detention assessments to determine if detention is warranted, as follows:
"15-11-505. (a) If an alleged delinquent child is brought before the court, or delivered to a secure residential facility or nonsecure residential facility or foster care facility designated by the court, or otherwise taken into custody, the juvenile court intake officer shall immediately administer a detention assessment and determine if such child should be detained and release such child, taking into account subsection (b) of this Code section. Such child shall be released unless it appears that his or her detention is warranted.
(b)(1) As used in this subsection, the term 'serious delinquent act' means to commit, attempt to commit, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute:
(A) Aggravated assault; (B) Aggravated battery; (C) Aggravated child molestation; (D) Aggravated cruelty to animals; (E) Aggravated sexual battery; (F) Aggravated sodomy; (G) Armed robbery involving a firearm; (H) Arson in the first degree; (I) Burglary in the first degree; (J) Child molestation; (K) Escape; (L) Hijacking a motor vehicle; (M) Home invasion in the first or second degree; (N) Involuntary manslaughter; (O) Murder; (P) Participating in criminal gang activity, as defined in subparagraphs (A) through (G) and (J) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4; (Q) Rape; (R) Robbery; (S) Sexual exploitation of children; (T) Smash and grab burglary;
WEDNESDAY, MARCH 16, 2016
2951
(U) Trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1; (V) Vehicular homicide; or (W) Voluntary manslaughter. (2) When a child who is 13 years of age or younger is taken into custody as provided in subsection (a) of this Code section for any delinquent act other than a serious delinquent act, there shall be a presumption that such child should not be detained."
SECTION 1-8. 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, 15-1-19, 15-11-40, 15-11-70, 15-11-105, 15-11-170, 15-11-264, 15-11-541, 15-11-542, 15-11-603, 15-11-708, 15-11-709, 1511-744, 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, 42-8-109.2, 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 1-9. Said title is further amended by revising subsection (a) of Code Section 15-18-80, relating to policy and procedure for Pretrial Intervention and Diversion Programs, as follows:
"(a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program. The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations shall also be authorized to create and administer a Pretrial Intervention and Diversion Program for offenses within the jurisdiction of such courts. Upon the request of the district attorney or solicitor and with the advice and express written consent of such attorney, the state or local governing authority may enter into a written contract with any entity or individual for the purpose of monitoring program participants' compliance with a Pretrial Intervention and Diversion Program."
SECTION 1-10. Said title is further amended by revising subsection (a) of Code Section 15-21-100, relating to imposition of additional penalty for certain offenses, as follows:
"(a)(1) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1,
2952
JOURNAL OF THE HOUSE
16-13-30.2, 16-13-30.3, 16-13-30.5, 16-13-31, 16-13-31.1, 16-13-32, 16-13-32.1, 1613-32.2, 16-13-32.3, 16-13-32.4, 16-13-32.5, or 16-13-32.6, there shall be imposed as an additional penalty a sum equal to 50 percent of the original fine. The additional 50 percent penalty shall also be imposed in every case in which a fine is imposed for violation of:
(1)(A) Code Section 3-3-23.1; (2)(B) Code Section 40-6-391; or (3)(C) Code Section 40-6-393 or 40-6-394 if the offender was also charged with a violation of Code Section 40-6-391; or (D) Code Section 52-7-12. (2) If no fine is provided for in the applicable Code section, and the judge places the defendant on probation, the fine authorized by Code Section 17-10-8 shall be applicable."
SECTION 1-11. Said title is further amended by revising subsection (b) of Code Section 15-21-101, relating to collection of fines and authorized expenditures of funds from County Drug Abuse Treatment and Education Fund, as follows:
"(b) Moneys collected pursuant to this article and placed in the 'County Drug Abuse Treatment and Education Fund' shall be expended by the governing authority of the county for which the fund is established solely and exclusively:
(1) For drug abuse treatment and education programs relating to controlled substances, alcohol, and marijuana; and (2) If a drug court division has been established in the county under Code Section 151-15, for purposes of the drug court division; (3) If an operating under the influence court division has been established in the county under Code Section 15-1-19, for the purposes of the operating under the influence court division; and (4) If a family treatment court division has been established in the county under Code Section 15-11-70, for the purposes of the family treatment court division. (c) This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of drug abuse treatment or education programs, or drug court divisions, operating under the influence court divisions, or family treatment court divisions."
PART II CHARTER SCHOOLS IN DEPARTMENT OF CORRECTIONS AND
DEPARTMENT OF JUVENILE JUSTICE FACILITIES SECTION 2-1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraphs (1) and (8) of subsection (b) of Code Section 20-2-133, relating to free public instruction for elementary and secondary education, as follows:
WEDNESDAY, MARCH 16, 2016
2953
"(b)(1) Any child, except a child in a secure residential facility as defined in Code Section 15-11-2, as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services; in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities; or in a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The Except for children who are committed to the Department of Juvenile Justice and receiving education services under Code Section 20-2-2084.1, the local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge so long as the child is physically present in the school district. A child shall be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child shall be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities. No child in a secure residential facility as defined in Code Section 15-11-2, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which such facility is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held; provided, however, that such child or youth may be eligible for enrollment in a state charter school pursuant to Code Section 20-2-2084.1." "(8) The Department of Education, the State Charter Schools Commission, the Department of Human Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, and the local units of administration where Department of Education, State Charter Schools Commission, Department of Juvenile Justice, Department of Behavioral Health and Developmental Disabilities, or Department of Human Services placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice, under the care or
2954
JOURNAL OF THE HOUSE
physical or legal custody of the Department of Human Services, or under the physical custody of the Department of Behavioral Health and Developmental Disabilities."
SECTION 2-2. Said title is further amended by adding a new Code section to read as follows:
"20-2-2084.1. A state charter school shall be authorized, upon the approval of the commission, to enter into a contract with the Department of Juvenile Justice or the Department of Corrections to operate a school and deliver education services to school age children or youth incarcerated within any facility of the Department of Corrections or incarcerated within or committed to the Department of Juvenile Justice. Any children or youth receiving education services through a state charter school in such manner shall be considered students enrolled in and attending the state charter school for purposes of funding pursuant to Code Section 20-2-2089."
SECTION 2-3. Said title is further amended by revising Code Section 20-2-2090, relating to collaborative efforts on matters related to authorization of state charter schools and administration, as follows:
"20-2-2090. The commission shall work in collaboration with the department on all matters related to authorizing state charter schools and shall be assigned to the department for administrative purposes only, as prescribed in Code Section 50-4-3. For administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the State Board of Education, each state charter school, including any students receiving education services through a state charter school pursuant to Code Section 20-2-2084.1, shall, consistent with department rules and regulations, be treated as a single local education agency."
SECTION 2-4. Said title is further amended by revising subsection (d) of Code Section 20-2-2114, relating to qualifications for the scholarship program for special needs students, as follows:
"(d) Students enrolled in a school operated by the Department of Juvenile Justice or operated by a state charter school on behalf of the Department of Juvenile Justice pursuant to Code Section 20-2-2084.1 are not eligible for the scholarship."
SECTION 2-5. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-2-5.1, relating to the Department of Corrections as a special school district for school age youth, as follows:
WEDNESDAY, MARCH 16, 2016
2955
"42-2-5.1. (a) In order to provide education for any school age youths youth incarcerated within any facility of the department, the department shall be considered a special school district which shall be given the same funding consideration for federal funds that school districts within the this state are given. The special school district under the department shall have the powers, privileges, and authority exercised or capable of exercise by any other school district. The schools within the special school district shall be under the control of the commissioner, who shall serve as the superintendent of schools for such district, except as otherwise provided in subsection (b) of this Code section. The board shall serve as the board of education for such district. The board, acting alone or in cooperation with the State Board of Education, shall establish education standards for the district. As far as is practicable, such standards shall adhere to the standards adopted by the State Board of Education for the education of school age youth, while taking into account:
(1) The overriding security needs of correctional institutions and other restrictions inherent to the nature of correctional facilities; (2) The effect of limited funding on the capability of the department to meet certain school standards; and (3) Existing juvenile education standards of the Correctional Education Association and the American Correctional Association, which shall be given primary consideration where any conflicts arise. (b) Any school within the department that is operated by a state charter school pursuant to a contract entered into in accordance with Code Section 20-2-2084.1 shall be under the control of the State Charter Schools Commission and the governing board of the state charter school, subject to any conditions in the contract. Any such school shall not be considered a part of the special school district established pursuant to this Code section. (b)(c) The effect of subsection (a) of this Code section shall not be to provide state funds to the special school district under the department through Part 4 of Article 6 of Chapter 2 of Title 20, except as otherwise provided in Code Section 20-2-2084.1."
SECTION 2-6. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Code Section 49-4A-12, relating to the Department of Juvenile Justice as a special school district, as follows:
"49-4A-12. (a) The Department of Juvenile Justice shall be a special school district which shall be given the same funding consideration for federal funds that school districts within the this state are given. (b)(1) Except as otherwise provided in paragraph (2) of this subsection, the The schools within the department shall be under the control of the commissioner who shall serve as the superintendent of schools for such district. The Board of Juvenile Justice shall serve as the board of education for such district.
2956
JOURNAL OF THE HOUSE
(2) Any school within the department that is operated by a state charter school pursuant to a contract entered into in accordance with Code Section 20-2-2084.1 shall be under the control of the State Charter Schools Commission and the governing board of the state charter school, subject to any conditions in the contract. Any such school shall not be considered a part of the special school district established pursuant to this Code section. (c)(1) The schools shall meet the requirements of the law for public schools and rules and regulations of the State Board of Education. It is the intent of this Code section to fund educational services and programs in this special school district so that youth served therein shall receive the same quality and content of educational services as provided to youth in school districts within the this state. (2) The State School Superintendent may grant waivers for such provisions of the laws and regulations with which the schools cannot comply because of their functioning on an annual basis and in response to the commissioner or the commissioner's designee's written request and justification. Such exceptions shall be in writing. (d)(1) Each teacher in the special school district shall receive annual compensation at the rate specified for the type of certificate held by such teacher based on the appropriate teacher salary schedules established pursuant to Code Section 20-2-212. (2) This provision shall not act to reduce the compensation currently paid any teacher in the special school district. (3) To the extent such resources are available, federal funding resources shall be utilized to meet increased costs resulting from implementation of this subsection. (e) The commissioner shall develop and implement a plan whereby there shall be sufficient substitute teachers available for temporary service as needed for each school composing the special school district. (f)(1) Nothing in the language of this Code section shall be construed as prohibiting any local school district from issuing a diploma to a youth in the custody of the department, upon certification of the principal of a departmental school. (2) School records of any juvenile in the department's programs who is issued a diploma by a local school district shall be maintained by such local school district, provided that all references to the juvenile's commitment to and treatment by the department are expunged. (g) The special school district under the department shall have the powers, privileges, and authority exercised or capable of exercise by any other school district. (h) The effect of this Code section shall not be to provide state funds to the special school district under the department through Part 4 of Article 6 of Chapter 2 of Title 20, except as otherwise provided in Code Section 20-2-2084.1."
PART III SCHOOL DISCIPLINE
SECTION 3-1.
WEDNESDAY, MARCH 16, 2016
2957
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-759, which was previously reserved, as follows:
"20-2-759. The State Board of Education shall promulgate rules and regulations to require minimum qualifications for hearing officers, disciplinary hearing officers, tribunals, and panels that are tasked with hearing matters in this subpart. The State Board of Education shall promulgate rules and regulations to ensure that such individuals have initial training prior to serving as a hearing officer or disciplinary hearing officer or on a tribunal or panel, undergo continuing education so as to continue to serve in such capacity, and function as independent, neutral arbiters. Reserved."
SECTION 3-2. Said title is further amended by revising Code Section 20-2-1181, relating to disruption or interference with operation of public schools, as follows:
"20-2-1181. (a) It shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local school boards of education. Any Except as provided in subsection (b) of this Code section, a person convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
(b)(1) As used in this subsection, the term 'complaint' shall have the same meaning as set forth in Code Section 15-11-2. (2) A local board of education shall develop a system of progressive discipline that may be imposed on a child accused of violating this Code section before initiating a complaint. (3) When a complaint is filed involving a violation of this Code section by a child not included in paragraph (4) of this subsection, it shall include information showing that the local board of education sought to:
(A) Resolve the expressed problem through available educational approaches; and (B) Engage the child's parent, guardian, or legal custodian to resolve the expressed problem and that such individual has been unable or unwilling to resolve the expressed problem, that the expressed problem remains, and that court intervention is necessary. (4) When a complaint is filed involving a violation of this Code section by a child who is eligible for or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, it shall include information showing that the local board of education: (A) Has determined that such child is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; (B) Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate;
2958
JOURNAL OF THE HOUSE
(C) Sought to resolve the expressed problem through available educational approaches; and (D) Sought to engage the child's parent, guardian, or legal custodian to resolve the expressed problem and that such individual has been unable or unwilling to resolve the expressed problem, that the expressed problem remains, and that court intervention is necessary."
SECTION 3-3. Said title is further amended by revising Code Section 20-2-1183, which was previously reserved, as follows:
"20-2-1183. When a local school system assigns or employs law enforcement officers in schools, the local board of education shall have a collaborative written agreement with law enforcement officials to establish the role of law enforcement and school employees in school disciplinary matters and ensure coordination and cooperation among officials, agencies, and programs involved in school discipline and public protection. Reserved."
PART IV DRIVING PRIVILEGES
SECTION 4-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new Code section to read as follows:
"40-5-9. (a) A pauper's affidavit may be filed in lieu of paying the driver's license reinstatement or restoration fee otherwise required by this chapter. An individual filing a pauper's affidavit shall under oath affirm his or her poverty and his or her resulting inability to pay the driver's license reinstatement or restoration fee otherwise required by this chapter. The form of the affidavit shall be prescribed by the commissioner and shall indicate on its face that such individual has neither the income nor the assets to pay the fee otherwise required. The following warning shall be printed on the affidavit form prepared by the commissioner, to wit: 'WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' (b) Upon the submission of a pauper's affidavit, the driver's license reinstatement or restoration fee shall be 50 percent of the fee required by law."
SECTION 4-2. Said chapter is further amended by revising Code Section 40-5-22.1, relating to reinstatement of license of child under 16 years convicted of driving under the influence of alcohol or drugs, as follows:
WEDNESDAY, MARCH 16, 2016
2959
"40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-1372 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and pays a reinstatement fee to the Department of Driver Services. The reinstatement fee for a first such conviction shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction shall be $410.00 or $400.00 if paid by mail. The court shall notify the department of its order delaying the issuance of such child's license within 15 days of the date of such order. The department shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."
SECTION 4-3. Said chapter is further amended by revising subsection (e) of Code Section 40-5-61, relating to surrender and return of license, and by adding a new subsection to read as follows:
"(e)(1) For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, the period of revocation or suspension shall begin on the date the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter or on the date that the department processes the citation or conviction, whichever date shall first occur. (2) If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling. (3) Notwithstanding paragraphs (1) and (2) of this subsection, a period of revocation or suspension may begin on the date a person is sentenced for an offense that also results in the revocation or suspension of his or her driver's license or driving privileges. (f) When a person serving a sentence has his or her driver's license or driving privileges concurrently revoked or suspended with the imposition of his or her
2960
JOURNAL OF THE HOUSE
sentence, the department shall credit the time served under such sentence toward the fulfillment of the period of revocation or suspension."
SECTION 4-4. Said chapter is further amended by revising Code Section 40-5-62, relating to periods of revocation and conditions to restoration of license or issuance of new license, as follows:
"40-5-62. (a) Unless the revocation was for a cause which has been removed, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be eligible to apply for a new license nor restoration of his or her nonresident's operating privilege until the earlier of:
(1) Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person's having been declared a habitual violator under Code Section 40-5-58 or; (2) Five years from the date on which a person is sentenced for the offense that resulted in his or her driver's license or driving privileges being revoked; (3) Five years from the date on which the department processed the citation or conviction, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his or her driver's license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or (2)(4) Such time as any cause for revocation under subsection (b) of Code Section 40-5-59 has been removed. (b) When a person serving a sentence has his or her driver's license or driving privileges concurrently revoked with the imposition of his or her sentence, the department shall credit the time served under such sentence toward the fulfillment of the period of revocation. (b)(c) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. Notwithstanding subsection (a) of this Code section or any other provision of this title, the department shall not issue a new license to any person whose license was revoked as a habitual violator for three violations of Code Section 40-6-391 within a five-year period unless and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $410.00 or $400.00 if processed by mail in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked."
WEDNESDAY, MARCH 16, 2016
2961
SECTION 4-5. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 40-5-63, relating to periods of suspension, as follows:
"(3) 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, such person shall be considered a habitual violator, and said such license shall be revoked as provided for in paragraph (1) paragraphs (1) through (3) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating 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 plea of nolo contendere is accepted, shall be considered and counted as convictions."
SECTION 4-6. Said chapter is further amended by revising subsections (c), (c.1), and (e) 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, the term '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 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
2962
JOURNAL OF THE HOUSE
(7) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care, or prescriptions, or to school; or (8) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18. (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) Receiving scheduled medical care or obtaining prescription drugs; (B)(C) Attending a college or school at which he or she is regularly enrolled as a student; (C)(D) 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 (E) 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; (F) Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, 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; (G) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school; (H) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-118; or (D)(I) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider." "(e) Fees, duration, renewal, and replacement of permit. (1) A limited driving permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a
WEDNESDAY, MARCH 16, 2016
2963
violation of Code Section 40-6-391, or upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. Permits Limited driving permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Permits Such permits may be renewed until one time after the person has his or her license reinstated is eligible to reinstate his or her driver's license for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed limited driving permit issued to him or her. (2) An ignition interlock device limited driving permit shall be valid for a period of one year. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the such permit may be renewed for additional periods of two months as provided in paragraph (1) of this subsection upon payment of a renewal fee of $5.00, but it may only be renewed one time after such person is eligible to reinstate his or her driver's license."
SECTION 4-7. 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 a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 406-391, or the equivalent 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
2964
JOURNAL OF THE HOUSE
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; (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; 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. A driver's license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed under Code Sections 40-5-58 and 405-62, provided that such revocation arose from the same act for which the suspension was imposed. 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 three-year driving 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 three-year driving permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any such permittee who is
WEDNESDAY, MARCH 16, 2016
2965
convicted of violating the conditions endorsed on his or her three-year driving 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 three-year driving 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 three-year 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. The restoration fee paid to reinstate a driver's license that was suspended under this paragraph shall be counted toward the fulfillment of the restoration fee required by subsection (c) of Code Section 40-5-62, provided that such revocation arose from the same act for which the suspension was imposed. (b) Except as provided in Code Section 40-5-76, whenever a person is convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent 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 be governed by subsection (e) of Code Section 40-5-61. (c) Application for reinstatement of a driver's license under paragraph (1), or (2), or (3) 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. (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. (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
2966
JOURNAL OF THE HOUSE
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. (f) 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.
(g)(1) Upon the effective date of this subsection, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 2 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this paragraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent law of any jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76. 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. (2) The department shall make a notation of a suspended driver's license that is reinstated pursuant to paragraph (1) of this subsection on a person's driving record, and such information shall be made available in accordance with Code Section 40-52. (3) The driver's license or driving privileges of any person who has a driver's license reinstated in accordance with paragraph (1) of this subsection shall remain subject to any and all applicable disqualifications specified in Article 7 of this chapter. (4) The department may promulgate rules and regulations as are necessary to implement this subsection."
SECTION 4-8. Said chapter is further amended by revising Code Section 40-5-76, relating to restoration or suspension of defendant's driver's license or issuance of limited driving permit, as follows:
"40-5-76. (a) A judge presiding in a drug court division, mental health court division, or veterans court division, or operating under the influence court division may order the department
WEDNESDAY, MARCH 16, 2016
2967
to restore reinstate a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75, suspend such license, or issue a defendant a limited driving permit or ignition interlock device limited driving permit in accordance with the provisions set forth in subsections (c), (c.1), and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances as a reward or sanction to the defendant's behavior in such court division. The court shall determine what fees, if any, shall be paid to the department for such reward or sanction, provided that such fee shall not be greater than the fee normally imposed for such services. (b) A judge presiding in any court, other than the court divisions specified in subsection (a) of this Code section, may order the department to restore reinstate a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75 or issue a defendant a limited driving permit or ignition interlock device limited driving permit in accordance with the provisions set forth in subsections (c), (c.1), and (d) of Code Section 40-5-64 if the offense for which the defendant was convicted did not directly relate to the operation of a motor vehicle. The court shall determine what fees, if any, shall be paid to the department for the restoration reinstatement of such driver's license or issuance of such limited driving permit or ignition interlock device limited driving permit, provided that such fee shall not be greater than the fee normally imposed for such services. Such judge may also order the department to suspend a defendant's driver's license that could have been suspended pursuant to Code Section 40-5-75 as a consequence of the defendant's violation of the terms of his or her probation.
(c)(1) The department shall make a notation on a person's driving record when his or her driver's license was reinstated or suspended or he or she was issued a limited driving permit or ignition interlock device limited driving permit under this Code section, and such information shall be made available in accordance with Code Section 40-5-2. (2) The driver's license of any person who has a driver's license reinstated or suspended in accordance with this Code section shall remain subject to any applicable disqualifications specified in Article 7 of this chapter. (d) The department shall credit any time during which a defendant was issued a limited driving permit or ignition interlock device limited driving permit under subsection (a) of this Code section toward the fulfillment of the period of a driver's license suspension for which such permit was issued."
SECTION 4-9. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving while license is 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 (e) of Code Section 40-5-75, shall extend the period of impose an
2968
JOURNAL OF THE HOUSE
additional suspension or disqualification by of 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 V REORGANIZATION WITHIN THE BOARD AND DEPARTMENT OF COMMUNITY SUPERVISION
SECTION 5-1.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising subsections (a), (b), and (j) of Code Section 42-3-2, relating to the creation of the Board of Community Supervision, as follows:
"(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 and reentry services for 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, except as otherwise provided by the rules and regulations of the Board of Juvenile Justice governing such supervision. 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. The powers, functions, and duties of the Governor's Office of Transition, Support, and Reentry as they exist on June 30, 2016, with regard to reentry services are transferred to the board and DCS effective July 1, 2016. The powers, functions, and duties of the board that were transferred from the former County and Municipal Probation Advisory Council as it existed on June 30, 2015, to the board are transferred to DCS effective July 1, 2016; provided, however, that the power to set policy and promulgate rules and regulations for DCS shall be retained by the board.
WEDNESDAY, MARCH 16, 2016
2969
(b) The board shall consist of nine 11 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; (4) An individual who owns or is employed by a private corporation, private enterprise, private agency, or other private entity that is providing probation supervision services pursuant to Article 6 of Chapter 8 of this title who shall serve an initial term ending June 30, 2019, each subsequent term being four years; and (5) An individual who is employed by a governing authority of a county, municipality, or consolidated government that is providing probation supervision services pursuant to Article 6 of Chapter 8 of this title who shall serve an initial term ending June 30, 2018, each subsequent term being four years." "(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."
SECTION 5-2. Said title is further amended by revising subsection (a) of Code Section 42-3-3, relating to the creation of the Department of Community Supervision, as follows:
"(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 released from 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 except as otherwise provided by the rules and regulations of the Board of Juvenile Justice governing such supervision;
2970
JOURNAL OF THE HOUSE
(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 and Chapters 8 and 9 of this title; (8) Regulating entities and individuals that provide probation supervision services pursuant to Article 6 of Chapter 8 of this title; (9) Reviewing the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-107 and submit a report with its recommendations to the board. DCS shall submit its initial report on or before January 1, 2018, and shall continue such reviews every two years thereafter. Such report shall provide information which will allow the board to review the effectiveness of the uniform professional standards and uniform contract standards and, if necessary, to revise such standards; (10) Producing an annual summary report; and (11) Administering laws, rules, and regulations relating to misdemeanor probation supervision pursuant to Article 6 of Chapter 8 of this title."
SECTION 5-3. Said title is further amended by revising subsection (a) of Code Section 42-3-5, relating to the administrative functions of the Department of Community Supervision, as follows:
"(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 an offender transition and reentry unit within DCS to coordinate successful offender reentry in this state, reduce recidivism, enhance public safety through collaboration among stakeholders, and assist in ensuring the appropriate and responsible use of cost savings realized by justice reforms through reinvestment in evidence based, community centered services. The commissioner shall establish a misdemeanor probation unit within DCS to coordinate and oversee services provided under Article 6 of Chapter 8 of this title. 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."
SECTION 5-4. Said title is further amended by revising subsection (e) of Code Section 42-3-6, relating to rules and regulations, as follows:
"(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:
WEDNESDAY, MARCH 16, 2016
2971
(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; and (6) All rules and regulations previously adopted by the Governor's Office of Transition, Support, and Reentry which relate to functions transferred under this chapter from the Governor's Office of Transition, Support, and Reentry to DCS."
SECTION 5-5. Said title is further amended by revising subsection (a) of Code Section 42-3-7, relating to transfer of prior appropriations, personnel, equipment, and facilities, as follows:
"(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, and the Governor's Office of Transition, Support, and Reentry 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, and the Governor's Office of Transition, Support, and Reentry 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 State 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 employment of the employing agency but shall be transferred for administrative purposes only to DCS on July 1, 2015."
SECTION 5-6. Said is further amended by adding a new Code section to read as follows:
2972
JOURNAL OF THE HOUSE
"42-3-10. (a) In order to appeal a sanction imposed by the board, a person shall remit a request for a hearing, in writing by certified mail or statutory overnight delivery, return receipt requested, to the board within 30 days from the date of personal notice or receipt of the notice of the sanction; otherwise, the right to such hearing shall be deemed waived. The board shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the sanction is sustained, the person who received the sanction shall have a right to file for a judicial review of the final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the board shall not be stayed. A petition for judicial review shall name the board as defendant, shall be served by certified mail or statutory overnight delivery, return receipt requested, and shall be filed in the superior court of the county where the offices of the board are located. (b) Actions at law and in equity against the board or any of its members predicated upon omissions or acts done in a member's official capacity or under color thereof shall be brought in the superior court of the county where the offices of the board are located; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent."
SECTION 5-7. Said title is further amended by repealing in its entirety Article 2 of Chapter 3, relating to successful transition and reentry of offender, and designating said article as reserved.
PART VI FIRST OFFENDER TREATMENT, RECORD RESTRICTION, AND CROSS-REFERENCES
PART VIA SECTION 6A-1.
Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by revising Article 3, relating to probation of first offenders, as follows:
"ARTICLE 3
42-8-60. (a) When a defendant Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, upon a guilty verdict or plea of guilty or nolo contendere and before an adjudication of guilt, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings and:
(1) Place Defer further proceeding and place the defendant on probation as provided by law; or (2) Sentence the defendant to a term of confinement as provided by law.
WEDNESDAY, MARCH 16, 2016
2973
(b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion. (c)(b) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendant's criminal record as such is on file with the Georgia Crime Information Center. (c) When a court imposes a sentence pursuant to this article, it:
(1) Shall state in its sentencing order the prospective effective date of the defendant being exonerated of guilt and discharged as a matter of law, assuming the defendant successfully complies with its sentencing order, provided that such date may not have taken into account the awarding of credit for time served in custody; and (2) May limit access to certain information as provided in subsection (b) of Code Section 42-8-62.1. (d) The court may enter an adjudication of guilt and proceed to sentence the defendant as otherwise provided by law when the: (1) Defendant violates the terms of his or her first offender probation; (2) Defendant is convicted for another crime during the period of his or her first offender sentence; or (3) Court determines that the defendant is or was not eligible for first offender sentencing under this article. (e) A defendant sentenced pursuant to this article shall be exonerated of guilt and shall stand discharged as a matter of law as soon as the defendant: (1) Completes the terms of his or her probation, which shall include the expiration of the sentence by virtue of the time frame of the sentence passing, provided that such sentence has not otherwise been tolled or suspended; (2) Is released by the court under Code Section 42-8-37, 42-8-103, or 42-8-103.1 prior to the termination of the period of his or her probation; or (3) Is released from confinement and parole, provided that the defendant is not serving a split sentence. (f)(1) If the defendant is serving a first offender probated sentence, under active probation supervision or without supervision, within 30 days of such defendant completing active probation supervision, it shall be the duty of the Department of Community Supervision to notify, in writing, the clerk of court for the jurisdiction of the court which imposed the first offender sentence of such completion. (2) If the defendant is serving a first offender probated sentence, under active probation supervision or without supervision, within 30 days of such defendant completing the term of probation or being released by the court prior to the termination of the period of probation, it shall be the duty of the Department of Community Supervision or entity or governing authority that is providing probation supervision services pursuant to Article 6 of this chapter, as applicable, to notify, in
2974
JOURNAL OF THE HOUSE
writing, the clerk of court for the jurisdiction of the court which imposed the first offender sentence of such completion or release. (3) If the defendant is serving a first offender probated sentence pursuant to Article 6 of this chapter, under active probation supervision or without supervision, within 30 days of such defendant completing the term of probation or being released by the court prior to the termination of the period of probation, it shall be the duty of the entity or governing authority that is providing probation supervision services pursuant to Article 6 of this chapter to notify, in writing, the clerk of court for the jurisdiction of the court which imposed the first offender sentence of such completion or release. (4) If the defendant is not serving a first offender split sentence but is under parole supervision, within 30 days of such defendant completing the term of parole, it shall be the duty of the Department of Community Supervision to notify, in writing, the clerk of court for the jurisdiction of the court which imposed the first offender sentence of such completion. (5) If the defendant was sentenced only to imprisonment as a first offender and not granted parole, within 30 days of such defendant being released from confinement, it shall be the duty of the Department of Corrections to notify, in writing, the clerk of court for the jurisdiction of the court which imposed the first offender sentence of such release. (g) If the Department of Community Supervision fails to notify the clerk of court as provided in paragraph (2) or (4) of subsection (f) of this Code section, the entity or governing authority that is providing probation supervision services pursuant to Article 6 of this chapter fails to notify the clerk of court as provided in paragraph (2) or (3) of subsection (f) of this Code section, the Department of Corrections fails to notify the clerk of court as provided in paragraph (5) of subsection (f) of this Code section, or the state does not seek to have a first offender adjudicated guilty during the term of the first offender's sentence and the first offender's sentence has not otherwise been tolled or suspended, then the defendant shall be exonerated of guilt and shall stand discharged as a matter of law. (h)(1) When the clerk of court receives for filing an order of exoneration of guilt and discharge or is notified by the Georgia Crime Information Center that a defendant has completed his or her first offender sentence or was discharged pursuant to subsection (g) of this Code section, it shall be the duty of the clerk of court to enter on the criminal docket, accusation or indictment, sentencing order, and any subsequent order modifying the original first offender sentencing order within 30 days of the receipt of such order or notification the following:
'Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment as specified in Code Section 42-8-63.1; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-60.' (2) The entry required by paragraph (1) of this subsection shall be written or stamped in red ink, dated, and signed by the individual making such entry; provided, however,
WEDNESDAY, MARCH 16, 2016
2975
that, if the criminal docket or court records are maintained electronically or using computer printouts, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner, shall be dated, and shall include the name of the individual making such entry on the criminal docket, accusation or indictment, sentencing order, and any subsequent order modifying the original first offender sentencing order. (i) Except for the registration requirements under the state sexual offender registry and except as otherwise provided in Code Section 42-8-63.1, the first offender exoneration of guilt and discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, and the defendant shall not be considered to have a criminal conviction. (d)(j) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty or a plea of nolo contendere for: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2; (3) Trafficking of persons for labor or sexual servitude as prohibited by Code Section 16-5-46; (4) Neglecting disabled adults, elder persons, or residents as prohibited by Code Section 16-5-101; (5) Exploitation and intimidation of disabled adults, elder persons, and residents as prohibited by Code Section 16-5-102; (3)(6) Sexual exploitation of a minor as defined in prohibited by Code Section 16-12100; (4)(7) Electronically furnishing obscene material to a minor as defined in prohibited by Code Section 16-12-100.1; (5)(8) Computer pornography and child exploitation, as defined in as prohibited by Code Section 16-12-100.2; or
(6)(9)(A) Any of the following offenses when such offense is committed against a law enforcement officer while such officer is engaged in the performance of his or her official duties:
(i) Aggravated assault in violation of Code Section 16-5-21; (ii) Aggravated battery in violation of Code Section 16-5-24; or (iii) Obstruction of a law enforcement officer in violation of subsection (b) of Code Section 16-10-24, if such violation results in serious physical harm or injury to such officer. (B) As used in this paragraph, the term 'law enforcement officer' means: (i) A 'peace officer' as such term is defined in paragraph (8) of Code Section 35-82; (ii) A law enforcement officer of the United States government; (iii) An individual A person employed as a campus police officer or school security officer; (iv) A conservation ranger; and (v) A jail officer employed at a county or municipal jail; or
2976
JOURNAL OF THE HOUSE
(10) Driving under the influence as prohibited by Code Section 40-6-391. (k) When a defendant has not been previously convicted of a felony, the court may, after an adjudication of guilt, sentence the defendant pursuant to this article as provided in Code Section 42-8-66 or modify a sentence as provided in subsection (f) of Code Section 17-10-1 so as to allow a sentence pursuant to this article. (l) A defendant shall not avail himself or herself of this article on more than one occasion.
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.
42-8-62. (a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. Except for the registration requirements under the state sexual offender registry and except as otherwise provided in Code Section 42-8-63.1, the discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. It shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto the following:
'Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment providing care for minor children or elderly persons as specified in Code Section 42-8-63.1; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62.' Such entry shall be written or stamped in red ink, dated, and signed by the person making such entry or, if the docket or record is maintained using computer print-outs, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner and shall be dated and include the name of the person making such entry. The criminal file, docket books, criminal minutes and final record, and all other records of the court relating to the offense of a defendant who has been discharged without court adjudication of guilt pursuant to this subsection shall not be altered as a result of that discharge, except for the entry of discharge thereon required
WEDNESDAY, MARCH 16, 2016
2977
by this subsection, nor shall the contents thereof be expunged or destroyed as a result of that discharge. (b) Should a person be When an individual is placed under on probation or in confinement under this article, within 30 days of the filing of such sentence, the clerk of court shall transmit a record of the same shall be forwarded first offender sentence to the Georgia Crime Information Center. Without request of the defendant a record of discharge and exoneration, as provided in this Code section, shall in every case be forwarded to the Georgia Crime Information Center. In every case in which the record of probation or confinement shall have been previously forwarded to the Department of Corrections, to the Georgia Crime Information Center, and to the Identification Division of the Federal Bureau of Investigation and a record of a subsequent discharge and exoneration of the defendant has not been forwarded as provided in this Code section, upon request of the defendant or his attorney or representative, the record of the same shall be forwarded by the clerk of court so as to reflect the discharge and exoneration. The clerk shall also transmit any subsequent order or notification regarding a first offender's sentence, including, but not limited to, notification that the defendant completed active probation supervision, was released early from probation supervision, or completed the term of probation, notification that the defendant completed the term of prison or parole, an order revoking a first offender sentence, an order of exoneration of guilt and discharge, and tolling orders, to the Georgia Crime Information Center within 30 days of receiving such order for filing or notification.
42-8-62.1. (a) As used in this Code section, the term:
(1) 'Criminal history record information' shall have the same meaning as set forth in Code Section 35-3-30. (2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section 35-3-37. (3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code Section 35-3-37. (b)(1) At the time of sentencing, the defendant may seek to limit public access to his or her first offender sentencing information, and the court may, in its discretion, order any of the following:
(A) Restrict dissemination of the defendant's first offender records; (B) The criminal file, docket books, criminal minutes, final record, all other records of the court, and the defendant's criminal history record information in the custody of the clerk of court, including within any index, be sealed and unavailable to the public; and (C) Law enforcement agencies, jails, or detention centers to restrict the defendant's criminal history record information of arrest, including any fingerprints or photographs taken in conjunction with such arrest. (2) When considering the defendant's request under this subsection, the court shall weigh the public's interest in the defendant's criminal history record information being
2978
JOURNAL OF THE HOUSE
publicly available and the harm to the defendant's privacy and issue written findings of fact thereupon. (3) The court shall specify the date that such prohibited dissemination, sealing, and restrictions will take effect. (c) An individual who has been exonerated of guilt and discharged pursuant to this article, including those individuals exonerated of guilt and discharged prior to July 1, 2016, may petition the court that granted such discharge for an order to seal and make unavailable to the public the criminal file, docket books, criminal minutes, final record, all other records of the court, and the defendant's criminal history record information in the custody of the clerk of court, including within any index. Notice of such petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient notice. (d) Within 90 days of the filing of a petition pursuant to subsection (c) of this Code section, the court shall order the criminal file, docket books, criminal minutes, final record, all other records of the court, and the defendant's criminal history record information in the custody of the clerk of court, including within any index, to be sealed and made unavailable to the public if the court finds by a preponderance of the evidence that: (1) An exoneration of guilt and discharge has been granted pursuant to this article; and (2) The harm otherwise resulting to the privacy of the individual outweighs the public interest in the criminal history record information being publicly available. (e) Within 60 days of the filing of the court's order under subsection (d) of this Code section, the clerk of court shall cause every document in connection with such individual's case, physical or electronic, in its custody, possession, or control to be sealed. (f) When a court orders sealing of court records under subsection (d) of this Code section, the court may also order that records maintained by law enforcement agencies, jails, and detention centers be restricted and unavailable to the public. Such entities shall comply with such restriction within 30 days of receiving a copy of such order. (g)(1) Information sealed or restricted pursuant to this Code section shall always be available for inspection, copying, and use:
(A) As provided in subsection (c) of Code Section 42-8-65; (B) By the Judicial Qualifications Commission; (C) By a prosecuting attorney or public defender who submits a sworn affidavit to the clerk of court that attests that such information is relevant to a criminal proceeding; (D) Pursuant to a court order; and (E) By an individual who is the subject of sealed court files or restricted criminal history record information upon court order. (2) The confidentiality of such information shall be maintained insofar as practical.
WEDNESDAY, MARCH 16, 2016
2979
42-8-63. Except as otherwise provided in this article Code Section 42-8-63.1, a discharge under this article is not a conviction of a crime under the laws of this state and may shall not be used to disqualify a person an individual in any application for employment or appointment to office in either the public or private sector.
42-8-63.1. (a) A discharge under this article may be used to disqualify a person an individual for employment if:
(1) The offender the individual was discharged under this article on or after between July 1, 2004; and either, and June 30, 2016, and: (2)(1) The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the defendant was discharged under this article after prosecution individual who is the subject of the inquiry was prosecuted for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest; (3)(2) The employment is with a long-term care facility as defined in Code Section 31-8-51 or a person or entity that offers day care for elderly persons and the defendant was discharged under this article after prosecution individual who is the subject of the inquiry was prosecuted for the offense of sexual battery, incest, pimping, or pandering, or a violation of Article 8 of Chapter 5 of Title 16; or (4)(3) The request for information is an inquiry about a person an individual who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons individuals who are mentally ill as defined in Code Section 37-1-1 or developmentally disabled as defined in Code Section 37-1-1, and the person individual who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering. (b) A discharge under this article may be used to disqualify an individual for employment if the individual was discharged under this article on or after July 1, 2016, and: (1) The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the individual who is the subject of the inquiry was prosecuted for a violation of Title 16 in Article 5 of Chapter 5, Chapter 6, or Part 2 or 3 of Article 3 of Chapter 12; (2) The employment is with a long-term care facility as defined in Code Section 318-51 or with a person or entity that offers day care for elderly persons and the individual who is the subject of the inquiry was prosecuted for a violation of Title 16 in Article 5 or 8 of Chapter 5; or (3) The request for information is an inquiry about an individual who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to individuals who are mentally ill as defined in Code Section 37-1-1 or
2980
JOURNAL OF THE HOUSE
developmentally disabled as defined in Code Section 37-1-1 and the individual who is the subject of the inquiry was prosecuted for a violation of Title 16 in Article 8 of Chapter 5 or Chapter 6. (b)(c) Any discharge under this article may be used to disqualify a person an individual from acquiring or maintaining a peace officer certification as provided for in Chapter 8 of Article 35 and also Title 35, may disqualify a person an individual from employment in a certified position with a law enforcement unit, and may disqualify an individual from employment with the Georgia Peace Officer Standards and Training Council when where the discharge under this article pertained to a felony offense or a crime involving moral turpitude.
42-8-64. A defendant sentenced pursuant to this article shall have the right to appeal in the same manner and with the same scope and same effect as if a judgment of conviction had been entered and appealed from.
42-8-65. (a) If otherwise allowable by law, in any a subsequent prosecution of the defendant for any other another offense, a when a defendant has not been exonerated of guilt and discharged, the prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this article. (b) The records of the Georgia Crime Information Center shall be modified, without a court order, to show a conviction in lieu of treatment as a first offender under this article whenever the conviction of a person for another crime during the term of probation is reported to the Georgia Crime Information Center. If a report is made showing that such person has been afforded first offender treatment under this article on more than one occasion, the Georgia Crime Information Center may report information on first offender treatments subsequent to the first such first offender treatment as if they were convictions. Such records may be disseminated by the Georgia Crime Information Center in the same manner and subject to the same restrictions as any other records of convictions showing treatment as a first offender shall be modified only when a court of competent jurisdiction enters:
(1) An adjudication of guilt for the offense for which the offender has been sentenced as a first offender; (2) An order modifying the sentence originally imposed; or (3) An order correcting an exoneration of guilt and discharge entered pursuant to subsection (g) of Code Section 42-8-60. (c)(1) Any individual Notwithstanding any other provision of this article, any person who is sentenced to a term of confinement pursuant to paragraph (2) of subsection (a) or (k) of Code Section 42-8-60 shall not be deemed to have been convicted of the offense during such term of confinement for all purposes except that records thereof shall be treated as any other records of first offenders under this article and except that such presumption shall not continue after completion of such person's confinement
WEDNESDAY, MARCH 16, 2016
2981
sentence. Upon completion of the confinement sentence, such person shall be treated in the same manner and the procedures to be followed by the court shall be the same as in the case of a person placed on probation under this article during such sentence, and records thereof shall only be disseminated by the Georgia Crime Information Center:
(A) To criminal justice agencies, as such term is defined in Code Section 35-3-30; (B) As authorized by subsection (c) of Code Section 35-3-37; and (C) As authorized by subparagraph (a)(1)(B) of Code Sections 35-3-34 and 35-335. (2) If a court of competent jurisdiction adjudicates the defendant guilty while such defendant is serving a first offender sentence, such records may be disseminated by the Georgia Crime Information Center as provided in Code Sections 35-3-34 and 353-35.
42-8-66. (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 of guilt and discharge 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:
(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 Crime Information Center, and the Department of Driver Services. The Georgia Bureau of Investigation Crime Information Center and the Department of Driver Services shall modify its their 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."
PART VIB SECTION 6B-1.
2982
JOURNAL OF THE HOUSE
Article 2 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to commitment hearings, is amended by revising Code Section 17-7-32, relating to the disposition of commitment form, warrant, and other papers, as follows:
"17-7-32. (a) The commitment form shall be delivered to the officer in whose charge the accused person is placed, and the officer shall deliver it with the accused person to the sheriff or the other person in charge of the jail. A memorandum of the commitment shall be entered on the warrant by the judicial officer.
(b)(1) The warrant and all other papers shall be forwarded to the clerk of the appropriate court having jurisdiction over the offense for delivery to the prosecuting attorney. After such delivery, if the prosecuting attorney decides to dismiss the case prior to filing an accusation or without seeking an indictment, he or she shall file a notice of such fact with the clerk of the court having jurisdiction over the offense. Such notice shall include the warrant number, if any, and any other identifying number assigned to the case by the Georgia Crime Information Center. Within 30 days of receiving such notice, the clerk of court shall transmit a copy of such notice to the Georgia Crime Information Center. (2) Nothing in this subsection shall prevent a prosecuting attorney who has probable cause from seeking charges against an accused within the applicable statute of limitations."
SECTION 6B-2. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended in subsection (a) of Code Section 353-33, relating to the powers and duties of the center generally, by revising paragraph (10), by deleting "and" at the end of paragraph (15), by replacing the period with "; and" at the end of paragraph (16), and by adding a new paragraph (17) to read as follows:
"(10) Make available, upon request, to all local and state criminal justice agencies, all federal criminal justice agencies, and criminal justice agencies in other states any information in the files of the center which will aid these agencies in the performance of their official duties, including but not limited to final disposition of offenses; sentencing information and conditions; orders modifying an earlier disposition; orders relating to probation, including modification, tolling, completion of active probation supervision, termination, revocation, or completion of orders entered pursuant to Article 3 of Chapter 8 of Title 42; and orders relating to parole, including modification, tolling, termination, and revocation. For this purpose the center shall operate on a 24 hour basis, seven days a week. Such information when authorized by the council may also be made available to any other agency of the state or political subdivision of the state and to any other federal agency upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders;" "(17) Notify the appropriate clerk of court that a defendant has completed his or her first offender sentence or was exonerated of guilt and discharged pursuant to
WEDNESDAY, MARCH 16, 2016
2983
subsection (g) of Code Section 42-8-60 within five days of such completion or exoneration."
SECTION 6B-3. Said article is further amended by revising subparagraphs (a)(1)(B) and (a)(1)(D) of Code Section 35-3-34, relating to disclosure and dissemination of criminal records to private persons and businesses, as follows:
"(B)(i) The center may shall not provide records of arrests, charges, and or sentences for crimes relating to first offenders when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have and has been exonerated and discharged without court adjudications adjudication of guilt as a matter of law or pursuant to a court order, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 353-34.1 or other law 42-8-63.1. The center shall not provide records of arrests, charges, or sentences when an individual has been sentenced as provided in Code Section 15-1-20, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 42-8-63.1. (ii) During the period of time after a defendant, who has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, has completed active probation supervision through the remainder of such sentence, the center shall not provide records of arrests, charges, or sentences except as specifically authorized by Code Section 42-8-63.1. (iii) The center may provide records of arrests, charges, or sentences when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1, while a defendant is under active probation supervision for such offense, or as provided in a court order;" "(D) The center shall not provide records of arrests, charges, or dispositions when access has been restricted pursuant to Code Section 15-1-20, 35-3-37, or 42-8-62.1; or"
SECTION 6B-4. Said article is further amended by revising Code Section 35-3-34.1, relating to circumstances when exonerated first offender's criminal record may be disclosed, as follows:
"35-3-34.1. (a) Where an offender When a defendant has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offender's record of arrests, charges, or sentences if the
2984
JOURNAL OF THE HOUSE
offender was exonerated and discharged without a court adjudication of guilt on or after July 1, 2004, and either: to the employers and entities and under the conditions set forth in Code Section 42-8-63.1.
(1) The request for information is an inquiry about a person who has applied for employment with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the person who is the subject of the inquiry to the center was prosecuted for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest; (2) The request for information is an inquiry about a person who has applied for employment with a long-term care facility as defined in Code Section 31-8-51 or a person or entity that offers day care for elderly persons and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, pandering, or a violation of Article 8 of Chapter 5 of Title 16; or (3) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-1-1 or developmentally disabled as defined in Code Section 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering. (b) First offender records including records of arrests, charges, or sentences may be released to any law enforcement unit and the Georgia Peace Officer Standards and Training Council where the request for information is an inquiry about a person who has applied for employment in a certified position or a person who is an applicant, candidate, or peace officer as defined in Code Section 35-8-2."
SECTION 6B-5. Said article is further amended in Code Section 35-3-35, relating to disclosure and dissemination of criminal records to public agencies and political subdivisions, by revising subparagraphs (a)(1)(B) and (a)(1)(C) and by adding a new subparagraph to paragraph (1) of subsection (a) to read as follows:
"(B)(i) The center may shall not provide records of arrests, charges, or sentences for crimes relating to first offenders when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have and has been exonerated and discharged without court adjudications adjudication of guilt as a matter of law or pursuant to a court order, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 35-3-34.1 or other law; and 428-63.1. The center shall not provide records of arrests, charges, or sentences when an individual has been sentenced as provided in Code Section 15-1-20, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 428-63.1.
WEDNESDAY, MARCH 16, 2016
2985
(ii) During the period of time after a defendant, who has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, has completed active probation supervision through the remainder of such sentence, the center shall not provide records of arrests, charges, or sentences except as specifically authorized by Code Section 42-8-63.1. (iii) The center may provide records of arrests, charges, or sentences when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1, while a defendant is under active probation supervision for such offense, or as provided in a court order; (C) When the identifying information provided is sufficient to identify persons whose records are requested electronically, the center may disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences without: (i) Fingerprint comparison; or (ii) Consent of the person whose records are requested; and (D) The center shall not provide records of arrests, charges, or dispositions when access has been restricted pursuant to Code Section 15-1-20, 35-3-37, or 42-8-62.1;"
SECTION 6B-6. Said article is further amended by revising subsections (b), (c), and (g) of Code Section 35-3-36, relating to the duties of state criminal agencies as to submission of fingerprints, photographs, or other identifying data to the center, as follows:
"(b) It shall be the duty of all chiefs of police, sheriffs, prosecuting attorneys, courts, judges, clerks of court, community supervision officers, county or department Department of Juvenile Justice juvenile probation officers, probation officers and private 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, the Georgia Superior Court Clerks' Cooperative Authority, and the State Board of Pardons and Paroles to furnish the center with any other data deemed necessary by the center to carry out its responsibilities under this article. (c) All persons in charge of law enforcement agencies shall obtain or cause to be obtained fingerprints in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation, full-face and profile photographs if photo equipment is available, and other available identifying data of each person arrested or taken into custody for an offense of a type designated in paragraph (1) of subsection (a) of Code Section 35-3-33, of all persons arrested or taken into custody as fugitives from justice, and of all unidentified human corpses in their jurisdictions; but photographs need not be taken if it is known that photographs of the type listed taken within the previous year are on file. Fingerprints and other identifying data of persons arrested or taken into custody for offenses other than those designated
2986
JOURNAL OF THE HOUSE
may be taken at the discretion of the law enforcement agency concerned. Any person arrested or taken into custody and subsequently released without charge or cleared of the offense through court proceedings shall have any fingerprint record taken in connection therewith returned if required by statute or deleted, as applicable, if the fingerprint record was taken in error or upon court order, and any such dispositions must also shall be reported to the center." "(g) All persons in charge of law enforcement agencies, all clerks of court or the Georgia Superior Court Clerks' Cooperative Authority as applicable, all municipal judges where they have no clerks when such judges do not have a clerk, all magistrates, and all persons in charge of community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation offices, and the State Board of Pardons and Paroles shall supply transmit to the center with the information described in Code Section 35-333 within 30 days of the creation or receipt of such information, except as provided in subsection (d) of this Code section, on the basis of the forms and instructions to be supplied provided by the center."
SECTION 6B-7. Said article is further amended by revising paragraph (6) of subsection (a), subsection (h), and paragraph (5) of subsection (j) of Code Section 35-3-37, relating to review of individual's criminal history record information, as follows:
"(6) 'Restrict,' 'restricted,' or 'restriction' means that the criminal history record information of an individual relating to a particular charge shall be available only to judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes or to criminal justice agencies for purposes of employment in accordance with procedures established by the center and shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34 or to governmental agencies or licensing and regulating agencies pursuant to Code Section 35-3-35." "(h) Access to an individual's criminal history record information, including any fingerprints or photographs of the individual taken in conjunction with the arrest, shall be restricted by the center for the following types of dispositions: (1) Prior to indictment, accusation, or other charging instrument:
(A) The case was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and:
(i) The offense against such individual is closed by the arresting law enforcement agency. It shall be the duty of the head of the arresting law enforcement agency to notify the center whenever a record is to be restricted pursuant to this division within 30 days of such decision. A copy of the notice shall be sent to the accused and the accused's attorney, if any, by mailing the same by first-class mail within seven days of notifying the center; or (ii) The center does not receive notice from the arresting law enforcement agency that the offense has been referred to the prosecuting attorney or transferred to another law enforcement or prosecutorial agency of this state, any other state or a
WEDNESDAY, MARCH 16, 2016
2987
foreign nation, or any political subdivision thereof for prosecution and the following period of time has elapsed from the date of the arrest of such individual:
(I) If the offense is a misdemeanor or a misdemeanor of a high and aggravated nature, two years; (II) If the offense is a felony, other than a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, four years; or (III) If the offense is a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, seven years. If the center receives notice of the filing of an indictment subsequent to the restriction of a record pursuant to this division, the center shall make such record available in accordance with Code Section 35-3-34 or 35-3-35. If the center does not receive notice of a charging instrument within 30 days of the applicable time periods set forth in this division, such record shall be restricted by the center for noncriminal justice purposes and shall be considered sealed. (B) The case was referred to the prosecuting attorney but was later dismissed; or (C) The grand jury returned two no bills; and or (D) The grand jury returned one no bill and the applicable time period set forth in division (ii) of subparagraph (A) of this paragraph has expired; and (2) After indictment or accusation: (A) Except as provided in subsection (i) of this Code section, all charges were dismissed or nolle prossed; (B) The individual pleaded guilty to or was found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug and was sentenced in accordance with the provisions of subsection (a) or (c) of Code Section 16-13-2, and the individual successfully completed the terms and conditions of his or her probation; (C) The individual pleaded guilty to or was found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23 and was sentenced in accordance with the provisions of subsection (c) of Code Section 3-3-23.1, and the individual successfully completed the terms and conditions of his or her probation; (C)(D) The individual successfully completed a drug court treatment program, mental health treatment program, or veterans treatment program, the individual's case has been dismissed or nolle prossed, and he or she has not been arrested for at least five years during such program, excluding any arrest for a nonserious traffic offense; or (D)(E) The individual was acquitted of all of the charges by a judge or jury unless, within ten days of the verdict, the prosecuting attorney demonstrates to the trial court through clear and convincing evidence that the harm otherwise resulting to the individual is clearly outweighed by the public interest in the criminal history record information being publicly available because either:
2988
JOURNAL OF THE HOUSE
(i) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine; or (ii) The individual has been formally charged with the same or similar offense within the previous five years." "(5) Any party may file an appeal of an order entered pursuant to this subsection as provided in Code Section 5-6-34. When an individual was arrested on a fugitive from justice warrant as provided in Code Section 17-13-4, such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such warrant. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines that circumstances warrant restriction and that the harm otherwise resulting to the individual clearly outweighs the public interest in the criminal history record information being publicly available."
SECTION 6B-8. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by revising paragraph (3) of subsection (a) of Code Section 42-8-36, relating to the duty of a probationer to inform his or her probation officer of residence and whereabouts and tolling, as follows:
"(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 officer, is taken into custody in this state, or is otherwise available to the court. The clerk of court shall transmit a copy of a tolling order to the Georgia Crime Information Center within 30 days of the filing of such order."
SECTION 6B-9. Said chapter is further amended by revising subsection (d) of Code Section 42-8-105, relating to a probationer's obligation to keep his or her probation officer informed of certain information, as follows:
"(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. The clerk of court, or judge of any court when there is no clerk of court, shall transmit a copy of a tolling order to the Georgia Crime Information Center within 30 days of the filing of such order."
PART VIC SECTION 6C-1.
WEDNESDAY, MARCH 16, 2016
2989
Code Section 10-1-393.5 of the Official Code of Georgia Annotated, relating to prohibited telemarketing, Internet activities, and home repair, is amended by revising division (b.1)(1)(B)(i) as follows:
"(i) Access to his or her case or charges was restricted pursuant to Code Section 15-1-20, 35-3-37, or 42-8-62.1;"
SECTION 6C-2. Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to possession of firearms by convicted felons and first offender probationers, is amended by revising subsection (f) as follows:
"(f) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt as a matter of law pursuant to Code Section 42-8-62 42-8-60 shall, upon such discharge, be relieved from the disabilities imposed by this Code section."
PART VII MISDEMEANOR PROBATION SERVICES
SECTION 7-1.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-8-100, relating to definitions for county and municipal probation, as follows:
"42-8-100. As used in this article, the term: (1) 'Board' means the Board of Community Supervision. (2) 'DCS' means the Department of Community Supervision. (2)(3) 'Private probation officer' means an individual employed by a private corporation, private enterprise, private agency, or other private entity to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor. (3)(4) 'Probation officer' means an individual employed by a governing authority of a county, municipality, or consolidated government to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor."
SECTION 7-2 Said title is further amended by revising Code Section 42-8-101, relating to agreements for probation services, as follows:
"42-8-101. (a)(1) The Upon the request of the chief judge of any court within a county and with the express written consent of such judge, with the approval of the governing authority of such county, shall be authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling,
2990
JOURNAL OF THE HOUSE
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 such court and placed on probation in 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 governing authority of the county 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 shall may be initiated by the chief judge of the court which entered into the is subject to such contract, and shall be 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 Upon the request of the chief judge of any court within a county and with the express written consent of such judge, with the approval of the governing authority of such county, is shall be 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 such court and placed on probation in such county. (b)(1) The Upon the request of the judge of the municipal court of any municipality or consolidated government of a municipality and county of this state and with the express written consent of such judge, with the approval of the governing authority of such municipality or consolidated government, is shall be 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 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 governing authority of the municipality or consolidated government 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 may be initiated by the chief judge of the court which entered into the is subject to such contract and shall be subject to approval by the governing authority of the municipality or consolidated government which entered into the contract and in accordance with the agreed upon, written provisions of such contract. (2) The Upon the request of the judge of the municipal court of any municipality or consolidated government of a municipality and county of this state and with the express written consent of such judge, with the approval of the governing authority of such municipality or consolidated government, is shall be authorized to establish a
WEDNESDAY, MARCH 16, 2016
2991
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 such court and placed on probation."
SECTION 7-3. Said title is further amended by revising subsection (f) of Code Section 42-8-102, relating to probation, supervision, and revocation, as follows:
"(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)(A) When the sole basis for a probation revocation is for failure to pay fines, statutory surcharges, or probation supervision fees, the probationer shall be scheduled to appear on the court's next available court calendar for a hearing on such issue. No prehearing arrest warrant shall be issued under such circumstances. 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. (3)(B) 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. (3)(A) When the sole basis for a probation revocation is for failure to report as directed by his or her probation officer or private probation officer, as the case may be, such officer shall prepare an affidavit for the court, averring, at a minimum, that:
(i) 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; (ii) 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; (iii) The officer has checked the local jail rosters and determined that the probationer is not incarcerated;
2992
JOURNAL OF THE HOUSE
(iv) 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 to have the probationer arrested and have his or her probation revoked if the probationer does not report to such officer in person within ten days of the date on which the letter was mailed; and (v) 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 division (iv) of this subparagraph and ten days have passed since the date on which the letter was mailed. (B) 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 division (iv) of subparagraph (A) of this paragraph, the probationer may be scheduled to appear on the next available court calendar for a hearing to consider whether the probation sentence should be revoked in whole or in part. (C) A probation officer or private probation officer, as the case may be, shall submit the affidavit required by subparagraph (A) of this paragraph together with his or her request for an arrest warrant, and the court may, in its discretion, issue a warrant for the arrest of the probationer. (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."
SECTION 7-4. Said title is further amended by revising subsection (b) of and adding a new subsection to Code Section 42-8-103, relating to pay-only probation, to read as follows:
"(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; and provided, further, that when all such fines and statutory surcharges are paid in full, the probation officer or private probation officer, as the case may be, shall submit an order to the court
WEDNESDAY, MARCH 16, 2016
2993
terminating the probated sentence within 30 days of fulfillment of such conditions. The court shall terminate such probated sentence or issue an order stating why such probated sentence shall continue." "(d) When a defendant is serving pay-only probation, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise terminate probation when it is satisfied that its action would be in the best interest of justice and the welfare of society."
SECTION 7-5. Said title is further amended by adding a new Code section to read as follows:
"42-8-103.1. (a) When a defendant is serving consecutive misdemeanor sentences, whether as a result of one case from one jurisdiction or multiple cases from multiple jurisdictions, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise terminate probation when it is satisfied that its action would be in the best interest of justice and the welfare of society. Such motion shall not be ripe until 12 months after the sentence was entered and every four months thereafter. The defendant shall serve the applicable entity or governing authority that is providing his or her probation services with a copy of such motion. (b) When a defendant is serving consecutive misdemeanor sentences, his or her probation officer or private probation officer, as the case may be, shall review such case after 12 consecutive months of probation supervision wherein the defendant has paid in full all court imposed fines, statutory surcharges, and restitution and has otherwise completed all testing, evaluations, and rehabilitative treatment programs ordered by the court to determine if such officer recommends early termination of probation. Each such case shall be reviewed every four months thereafter for the same determination until the termination, expiration, or other disposition of the case. If such officer recommends early termination, he or she shall immediately submit an order to the court to effectuate such purpose."
SECTION 7-6. Said title is further amended by revising subparagraph (b)(1)(D) of Code Section 42-8105, relating to the probationer's obligation to keep an officer informed of certain information and tolling, as follows:
"(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"
SECTION 7-7. Said title is further amended by revising Code Section 42-8-106, relating to the creation of the advisory council, as follows:
2994
JOURNAL OF THE HOUSE
"42-8-106. (a) There is created an a judicial advisory council committee 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 probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, one attorney who specializes in criminal defense appointed by the Governor, one 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. The appointing authority shall determine the length of its appointee's term serving on such council committee. The judicial advisory committee shall provide advice and consultation to the board and DCS on matters relating to this article. The judicial advisory council committee shall elect a chairperson from among its membership and such other officers as it deems necessary.
42-8-106.1. (b) The 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 seek input from the commissioner of community supervision:
(1) To review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-107 and submit a report with its recommendations to the General Assembly; (2)(1) To promulgate rules and regulations to implement those the uniform professional standards for probation officers and uniform agreement contract standards for the establishment of probation services by a county, municipality, or consolidated government established in Code Section 42-8-107; (3)(2) 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 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; (4)(3) To promulgate rules and regulations establishing a 40 hour initial orientation for probation officers 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 basic course of training for supervision of probationers or parolees certified by the Georgia Peace Officer Standards and
WEDNESDAY, MARCH 16, 2016
2995
Training Council or any probation officer who has been employed by a county, municipality, or consolidated government as of March 1, 2006; (5)(4) 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; (6)(5) 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 42-8-109.3; (7) To produce an annual summary report; (8)(6) To promulgate rules and regulations requiring criminal history record checks of individuals seeking to become private probation officers and establishing procedures for such criminal record checks. The Department of Community Supervision DCS on behalf of the board shall conduct a criminal history records check for individuals seeking to become probation officers as provided in Code Section 35-3-34. The board shall promulgate rules and regulations relating to restrictions regarding misdemeanor convictions. An agency or private entity shall also be authorized to conduct a criminal history background records check of a person employed as a probation officer or private probation officer or individuals seeking such positions. The criminal history records check may be conducted in accordance with Code Section 35-3-34 and may be based upon the submission of fingerprints of the 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)(7) To promulgate rules and regulations requiring probation officers and private probation officers to be registered with the board DCS, pay a fee for such registration, and provide for the imposition of board to impose sanctions and fines on such officers for misconduct; and (8) To impose sanctions for noncompliance with this article or the board's rules and regulations."
SECTION 7-8. Said title is further amended by revising subsections (a), (c), and (d) of Code Section 428-107, relating to uniform professional standards and uniform contract standards, as follows:
"(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
2996
JOURNAL OF THE HOUSE
the position of private probation officer or probation officer and 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 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 board DCS, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a 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 private probation officer." "(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 42-8-101. 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, including those contained in this Code section; (3) Requirements for criminal record checks of staff in compliance with the rules and regulations established by the board; (4) Policies and procedures for the training of staff that comply with the rules and regulations established by the 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 board shall review the uniform professional standards and uniform contract and agreement standards contained in this Code section and shall submit a report on its findings to the General Assembly. The board shall submit its initial report on or before January 1, 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 such standards without action by the General Assembly having the force and effect of law. Such report shall provide information which will allow the General Assembly to review
WEDNESDAY, MARCH 16, 2016
2997
the effectiveness of the minimum professional standards and, if necessary, to revise such standards. This subsection shall not be interpreted to prevent the board from making recommendations to the General Assembly prior to its required review and report."
SECTION 7-9. Said title is further amended by revising Code Section 42-8-108, relating to quarterly reporting to the judge, as follows:
"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 who consented to such contract or agreement was made and the board DCS 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 if such services are provided directly or otherwise to the extent such fees are known, 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 board DCS 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. (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 DCS, State Board of Pardons and Paroles, or the board."
SECTION 7-10. Said title is further amended by revising Code Section 42-8-109.2, relating to confidentiality of records, as follows:
"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 reports, files, records, and papers of whatever kind relative to
2998
JOURNAL OF THE HOUSE
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 DCS, State Board of Pardons and Paroles, or the 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 DCS; 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 DCS, 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; (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. (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 Community Supervision, the Department of Community Supervision DCS, DCS shall have access to any relevant reports, files, records, and papers of the transferring entity."
WEDNESDAY, MARCH 16, 2016
2999
SECTION 7-11. Said title is further amended by revising Code Section 42-8-109.3, relating to registration with the board, as follows:
"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 board DCS 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 the board on or before June 30, 2015 2016, shall be deemed registered with the board DCS; provided, however, that the board DCS 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 board DCS 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 board. (b)(1) All counties, municipalities, and consolidated governments agreeing or offering to agree to establish a probation system shall register with the board DCS 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 board on or before June 30, 2015 2016, shall be deemed registered with the board DCS; provided, however, that the board DCS 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 business address and telephone number, a contact name for communication with the board DCS, and other information in such detail as the board DCS 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 board."
SECTION 7-12. Said title is further amended by revising paragraph (1) of subsection (a) and paragraph (1) of subsection (b) of Code Section 42-8-109.4, relating to the applicability of the article to contractors for probation services, as follows:
"(1) Register with the board DCS;" "(1) Register with the board DCS;"
3000
JOURNAL OF THE HOUSE
PART VIII PROVIDING FOR MISCELLANEOUS CROSS-REFERENCES IN TITLE 42
SECTION 8-1.
Said title is further amended by revising subsection (e) of Code Section 42-1-14, relating to risk assessment classification, as follows:
"(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 Community Service Supervision if the sexually dangerous predator is 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."
SECTION 8-2. Said title is further amended by revising subsection (i) of Code Section 42-2-11, relating to the powers and duties of the Board of Corrections, as follows:
"(i) The board shall have the authority to request bids and proposals and to enter into contracts for the operation of probation detention centers by private companies and entities for the confinement of probationers under Code Section 42-8-35.4 and probation diversion centers for the confinement of probationers under Code Section 428-35.5. The board shall have the authority to adopt, establish, and promulgate rules and regulations for the operation of probation detention and probation diversion centers by private companies and entities."
WEDNESDAY, MARCH 16, 2016
3001
SECTION 8-3. Said title is further amended by revising paragraph (4) of subsection (a) of Code Section 42-2-15, relating to the employee benefit fund, as follows:
"(4) 'Facility' means a prison, institution, detention center, diversion center, or such other similar property under the jurisdiction or operation of the department."
SECTION 8-4. Said title is further amended by revising subsection (g) of Code Section 42-8-34, relating to sentencing hearings and determinations, as follows:
"(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 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, family treatment 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."
SECTION 8-5. Said title is further amended by revising subsection (c) of Code Section 42-8-34.1, relating to revocation of probated or suspended sentence, as follows:
"(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, 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 such alternatives, the court may revoke the balance of probation or not more than two years in confinement, whichever is less."
SECTION 8-6. Said title is further amended by revising Code Section 42-8-35.5, relating to confinement in probation diversion centers, as follows:
"42-8-35.5. (a) Notwithstanding any other terms and conditions of probation which may be imposed, a court may require that probationers sentenced to a period of not less than
3002
JOURNAL OF THE HOUSE
one year on probation shall satisfactorily complete, as a condition of such probation, a program in a probation diversion center. Probationers so sentenced 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 of Corrections may assess and collect room and board fees from diversion center program participants at a level set by the Department of Corrections Reserved."
SECTION 8-7. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 42-8-111, relating to court issuance of certificate for installation of ignition interlock devices, as follows:
"(3) Such person shall participate in a substance abuse treatment program as defined in paragraph (16.2) of Code Section 40-5-1, or a drug court division program in compliance with Code Section 15-1-15, a mental health court division in compliance with Code Section 15-1-16, a veterans court division in compliance with Code Section 15-1-17, or an operating under the influence court division in compliance with Code Section 15-1-19 for a period of not less than 120 days."
PART IX PAROLE BOARD AUTHORITY REGARDING
CERTAIN DRUG OFFENDERS SECTION 9-1.
Said title is further amended by revising subsection (b) of Code Section 42-9-45, relating to the State Board of Pardons and Paroles general rule-making authority, 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 paragraphs (3) and (4) 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 1710-6.1 and 17-10-7 and paragraph paragraphs (3) and (4) 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
WEDNESDAY, MARCH 16, 2016
3003
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. (4) When an inmate was sentenced pursuant to subsection (c), (e), or (l) of Code Section 16-13-30 and subsection (c) of Code Section 17-10-7 to a term of at least six years, 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 six 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;
3004
JOURNAL OF THE HOUSE
(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 X PROFESSIONAL LICENSING CONSIDERATIONS
SECTION 10-1.
Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to professions and businesses, is amended by revising Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses and probationary license, as follows:
"43-1-19. (a) A professional licensing board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph, and paragraph (4) of this subsection, and subsection (q) of this Code section, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph and subsection (q) of this Code section, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
WEDNESDAY, MARCH 16, 2016
3005
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. 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; (5) Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice that materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this title, or is of a nature likely to jeopardize the interest of the public, which; such conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct. Such conduct or practice shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a professional licensing board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which when such statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title, and when the licensee or applicant knows or should know that such action is violative of violates such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license of
3006
JOURNAL OF THE HOUSE
any such person and shall prevent the reissuance or renewal of any license so suspended for as so long as the adjudication of incompetence is in effect; (10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, or the use of alcohol, drugs, narcotics, chemicals, or any other type of material; (11) Failed to comply with an order for child support as defined by Code Section 1911-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the child support agency within the Department of Human Services indicating that the applicant or licensee has come into compliance with an order for child support so that a license may issue be issued or be granted if all other conditions for licensure are met; or (12) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the applicant or licensee has entered into satisfactory repayment status so that a license may be issued or granted if all other conditions for licensure are met. (b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section. (c) For purposes of this Code section, a professional licensing board may obtain, through subpoena by the division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board. (d) When a professional licensing board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to the business or profession licensed by the board, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said such license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct;
WEDNESDAY, MARCH 16, 2016
3007
(7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession; or (8) Impose on a licensee or applicant fees or charges in an amount necessary to reimburse the professional licensing board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, a professional licensing 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 on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of a professional licensing board shall be had solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As used in this subsection, the term 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexatious. (g) In its discretion, a professional licensing board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or the laws relating to the licensed business or profession. (h)(1) The division director is vested with the power and authority to make, or cause to be made through employees or agents of the division, such investigations as he or she or a respective board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a professional licensing board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the licensed business or profession subject to regulation or licensing by such board may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to
3008
JOURNAL OF THE HOUSE
subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public. (4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant. (5) When a member of the public files a complaint with a professional licensing board or the division director against a licensee, within 30 days after the conclusion of the investigation of such complaint, the professional licensing board or the division director shall notify the complainant of the disposition of such complaint. Such notification shall include whether any action was taken by the board with regard to such complaint and the nature of such action. In addition, the division director and the board shall upon request by the complainant advise the complainant as to the status of the complaint during the period of time that such complaint is pending. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice a business or profession licensed under this title or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to a professional licensing board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying. (j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of said such chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant. (k) If any licensee or applicant after reasonable notice fails to appear at any hearing of the professional licensing board for that licensee or applicant, the board may proceed to
WEDNESDAY, MARCH 16, 2016
3009
hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is served by certified mail or statutory overnight delivery and is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division director, or his or her designee, shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon that director, or that director's designee, shall be deemed to be service upon the licensee or applicant. (l) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said such license, subject to reinstatement in the discretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board. (m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever. (n) Regulation by a professional licensing board of a business or profession licensed under this title shall not exempt that business or profession from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (o) Subsections (a), (d),and (e) of this Code section shall be supplemental to and shall not operate to prohibit any professional licensing board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for that particular board. In cases where those other provisions of law so authorize other disciplinary grounds and actions but subsection (a), (d), or (e) of this Code section limit limits such grounds or actions, those other provisions shall apply so long as the requirements of subsection (q) of this Code section are met.
(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 mental health court division as set forth in Code Section 15-1-16, a veterans court division as set forth in Code Section 15-1-17, an operating under the influence court division as set forth in Code Section 15-1-19, or a family treatment court division as set forth in Code Section 15-11-70, 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
3010
JOURNAL OF THE HOUSE
to completion of a drug court division program identified in paragraph (1) of this subsection. (q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or any other provision of law, no professional licensing board shall refuse to grant a license to an applicant therefor or shall revoke the license of a person licensed by that board due solely or in part to a conviction of any felony or due to any arrest, charge, and sentence for the commission of any felony unless such felony directly relates to the occupation for which the license is sought or held. (2) In determining if a felony directly relates to the occupation for which the license is sought or held, the professional licensing board shall consider:
(A) The nature and seriousness of the felony and the relationship of the felony to the occupation for which the license is sought or held; (B) The age of the person at the time the felony was committed; (C) The length of time elapsed since the felony was committed; (D) All circumstances relative to the felony, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of the felony; and (E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held."
PART XI FOOD STAMPS SECTION 11-1.
Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for public assistance, is amended by adding a new Code section to read as follows:
"49-4-22. (a) An individual who was convicted under any state or federal law of an offense which has as an element the possession, use, or distribution of a controlled substance, as such term is defined in Code Section 16-13-21, and which is or would be classified as a felony under the laws of this state shall not be eligible for the federal Supplemental Nutrition Assistance Program while he or she is serving any term of imprisonment. If such individual was not sentenced to imprisonment, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation imposed. If such individual is sentenced to a term of imprisonment, after release from confinement, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation or parole imposed. If such individual violates the terms of probation as determined by court order or violates the terms of parole as determined by an order of the State Board of Pardons and Paroles, he or she shall lose eligibility for such program. If such individual successfully completes the original sentence imposed, he or she shall remain eligible for such program.
WEDNESDAY, MARCH 16, 2016
3011
(b) Any individual eligible for aid pursuant to this Code section shall be required to meet all other requirements for eligibility for such program."
PART XII YOUTHFUL PROBATION SUPERVISION
SECTION 12-1.
Code Section 49-4A-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Juvenile Justice, is amended in subsection (b) by deleting "and" at the end of paragraph (4), by replacing the period with "; and" at the end of paragraph (5), and by adding a new paragraph to read as follows:
"(6) Adopt rules and regulations governing the transfer of children who are at least 17 years of age and are released from 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, to the Department of Community Supervision to ensure balanced attention to the protection of the community, the imposition of accountability, and the development of competencies to enable each child to become a responsible and productive member of the community, taking into consideration a child's level of participation in the department's educational, vocational, and other services prior to such release."
PART XIII PROVIDING FOR MISCELLANEOUS CROSS-REFERENCES IN THE CODE
SECTION 13-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (b)(1)(B) of Code Section 16-8-14, relating to shoplifting, as follows:
"(B) Upon conviction of a third offense for shoplifting, where when the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and"
3012
JOURNAL OF THE HOUSE
SECTION 13-2. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 16-8-14.1, relating to refund fraud, as follows:
"(2) Upon conviction of a third offense for a violation of any provision of this Code section, the defendant shall be guilty of a felony and, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarcerationprobation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld."
SECTION 13-3. Said title is further amended by revising paragraph (2) of subsection (d) of Code Section 16-11-135, relating to public or private employer's parking lots and rights of action, as follows:
"(2) To any penal institution, correctional institution, detention facility, diversion center, jail, or similar place of confinement or confinement alternative;"
SECTION 13-4. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subparagraph (a)(3)(A) of Code Section 17-10-1, relating to fixing of sentence, as follows:
"(3)(A) Any part of a sentence of probation revoked for a violation other than a subsequent commission of any felony, a violation of a special condition, or a misdemeanor offense involving physical violence resulting in bodily injury to an innocent victim which in the opinion of the trial court constitutes a danger to the community or a serious infraction occurring while the defendant is assigned to an alternative probation confinement facility shall be served in a probation detention center, probation boot camp, diversion center, weekend lock up, or confinement in a local jail or detention facility, or other community correctional alternatives available to the court or provided by the Department of Corrections."
SECTION 13-5. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 17-10-3, relating to punishment for misdemeanors generally, as follows:
"(2) By confinement under the jurisdiction of the Board of Corrections in a state probation detention center or diversion center pursuant to Code Sections Section 428-35.4 and 42-8-35.5, for a determinate term of months which shall not exceed a total term of 12 months; or"
WEDNESDAY, MARCH 16, 2016
3013
PART XIV EFFECTIVE DATES AND REPEALER
SECTION 14-1.
(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2016. (b) Part IX of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of Part IX of this Act shall be given retroactive effect to those sentences imposed before the effective date of Part IX of this Act.
SECTION 14-2. 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas
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 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 Jasperse
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 Lott Y Lumsden E Mabra Y Marin
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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
3014
JOURNAL OF THE HOUSE
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Martin Y Maxwell Y Mayo E McCall Y McClain Y Meadows
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 307. By Senators Beach of the 21st, Williams of the 19th, Butler of the 55th, Parent of the 42nd and Gooch of the 51st:
A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection, placement, or maintenance of unauthorized structures within rights of way of public roads and authorization of commercial advertisements by a transit agency, so as to provide for definitions relative to advertising; 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 32-6-51 of the Official Code of Georgia Annotated, relating to erection, placement, or maintenance of unauthorized structures within rights of way of public roads and authorization of commercial advertisements by a transit agency, so as to provide for definitions relative to advertising; to provide for applicability in relation to other requirements of the article; to amend Chapter 1 of Title 40 and Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles and dimensions and weight of vehicles and loads, respectively, so as to provide for the regulation of vehicles towing other vehicles in certain instances; to provide for regulation by the Department of Public Safety of towing service providers operating on interstate highways subject to appropriation by the General Assembly; to provide for legislative intent; to provide for definitions; to require annual permits for the operation of towing service providers; to provide for power of the department to establish procedures for the issuance of such permits; to provide for a maximum fee to be charged for such permits; to provide for authority to promulgate rules and regulations; to provide for a civil monetary penalty; to provide for a right to a hearing upon denial of such permit; to provide for effective dates; to provide for an automatic
WEDNESDAY, MARCH 16, 2016
3015
repeal of certain provisions on January 1, 2021; 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 32-6-51 of the Official Code of Georgia Annotated, relating to erection, placement, or maintenance of unauthorized structures within rights of way of public roads and authorization of commercial advertisements by a transit agency, is amended by revising paragraph (1) of subsections (d) and (g) and adding a new subsection to read as follows:
"(d)(1) As used in this subsection, the term: (A) 'Bus shelter' means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents. (B) 'Commercial advertisements' means any printed or painted signs or multiple media displays on a bus shelter for which space has been rented or leased from the owner of such shelter. (C) 'Multiple media display' means a device by which the message, image, or text is capable of electronic alteration by movement or rotation of panels or slats."
"(g)(1) As used in this subsection, the term: (A) 'Commercial advertisements' means any printed or painted signs or multiple message signs media displays on or in transit vehicles or facilities for which space has been rented or leased from the owner of such transit vehicles or facilities. (B) 'Multiple media display' means a device by which the message, image, or text is capable of electronic alteration by movement or rotation of panels or slats. (C) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state including, but not limited to, the Department of Transportation, the Georgia Regional Transportation Authority, and the Georgia Rail Passenger Authority. (C)(D) 'Transit vehicles or facilities' means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services."
"(h) Multiple media displays authorized pursuant to this Code section shall comply with the operational standards for multiple message signs provided for in Part 2 of this article but shall not be required to comply with any spacing requirements provided for in such part and multiple media displays shall not be considered in regard to the spacing requirements provided for in Code Section 32-6-75 as to the placement of any multiple message sign."
3016
JOURNAL OF THE HOUSE
SECTION 2.
Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles, is amended by adding a new Code section to read as follows:
"40-1-9. (a) As used in this Code section, the term:
(1) 'Commissioner' means the commissioner of public safety or the official designated by the commissioner pursuant to rules and regulations of the department. (2) 'Department' means the Department of Public Safety. (3) 'Permit' means an instrument of whatever character or nature, including, but not limited to, electronic format, issued by the department pursuant to this Code section. (4) 'Towing service provider' means any person utilizing a vehicle to tow disabled, damaged, abandoned, or wrecked vehicles in exchange for a fee. (b)(1) Subject to appropriation by the General Assembly, in order to promote safe towing practices by towing service providers in Georgia, the commissioner shall issue permits which allow towing service providers to operate on any portion of the Dwight D. Eisenhower System of Interstate and Defense Highways within this state for the duration of such permit; provided, however, that any such permit shall be in addition to and not in lieu of the ability of counties, municipalities, or consolidated governments to regulate towing service providers operating on any portion of state or local roads within such jurisdiction. (2) Pursuant to this Code section, annual permits shall be issued to towing service provider applicants who demonstrate to the satisfaction of the commissioner that the applicant has completed an operator safety course that meets or exceeds the minimum safety training standards recognized and adopted by the Towing and Recovery Association of Georgia in effect as of February 21, 2016. Any towing service provider recognized by the Georgia Department of Transportation as a Towing and Recovery Incentive Program service provider shall satisfy the safety training requirements of this paragraph. (3) Pursuant to this Code section, the commissioner may charge a fee for the issuance of such permits and may develop and adopt an apportionment schedule for fees to be established by rules and regulations promulgated by the commissioner. The fee for the issuance of a towing service provider permit shall be not more than $85.00 per towing service provider operator. (c) A copy of such permit and all other documentation required by the commissioner shall be carried by the towing service provider operator and shall be open to inspection by any law enforcement officer, employee of the department who has been given enforcement authority by the commissioner, or any law enforcement officer acting within the scope of his or her authority. (d) The commissioner is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits, including the timeline for compliance, provided that such rules and regulations are not in conflict with other provisions of law. The commissioner is authorized to issue such orders,
WEDNESDAY, MARCH 16, 2016
3017
authorizations, and modification thereof as necessary to implement this Code section. A court shall take judicial notice of all rules, regulations, and orders promulgated and issued by the department pursuant to this Code section. (e) Any person violating this Code section shall be guilty of a misdemeanor.
(f)(1) For just cause, including, but not limited to, repeated and consistent past violations of this Code section, the commissioner may refuse to issue or may cancel, suspend, or revoke the towing service provider permit of an applicant or permittee. (2) Within 30 days after any denial or cancellation of a towing service provider permit granted pursuant to this Code section, the applicant or permit holder may appeal a denial or cancellation by requesting a hearing before the commissioner in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commissioner shall notify an applicant or permit holder in writing of the denial or cancellation by registered or certified mail or statutory overnight delivery to the last known address of the applicant or permit holder appearing in the commissioner's files or by personal service upon the applicant or permit holder by an authorized agent of the commissioner. (3) An appeal hearing provided for by this paragraph shall be conducted no more than 60 days from the date which the appeal was requested. Further, if the appellant towing service provider's permit has not expired, the permit holder shall be allowed to continue to operate under the terms of the original permit until such time that the appeal is decided or the original permit expires, whichever occurs first. (g) The commissioner is authorized to employ such persons as may be necessary, in the discretion of the commissioner, for the proper enforcement of this Code section, as provided for in this Code section and Chapter 2 of Title 35. (h) This Code section shall stand repealed on January 1, 2021."
SECTION 3. (a) Section 1 of this Act shall become effective on July 1, 2016. (b) Section 2 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval for purposes of promulgating rules and regulations and shall become effective on January 1, 2017, for all other purposes.
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:
3018
JOURNAL OF THE HOUSE
Y Abrams Y Alexander N Allison N Atwood Y Ballinger
Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V
Coleman
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 N Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan E Glanton Y Golick Y Gordon N Gravley Y Greene
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 Jasperse
Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin Y Martin Y Maxwell
Mayo E McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby
Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T E 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 E Taylor, T N 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 143, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
WEDNESDAY, MARCH 16, 2016
3019
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 80 of Title 36, Article 1 of Chapter 2 of Title 45, and Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities; general provisions regarding eligibility and qualifications for public office; and general provisions relating to state government, respectively, so as to require that individuals appointed to authorities, boards, councils, and commissions be United States citizens or nationals or lawful permanent residents; to provide for other residency requirements; to provide for other qualifications; to provide for exceptions; to provide for definitions; to provide for enforcement; to provide 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by revising Code Section 36-80-1, which is designated as reserved, as follows:
"36-80-1. (a) As used in this Code section, the term:
(1) 'Lawful permanent resident' means a person who is not a United States citizen but who has the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws of the United States, and such status has not been revoked or found administratively or judicially to have been abandoned. (2) 'Local governing body' means any political subdivision of this state, including any county, consolidated government, municipality, or other local public body corporate, governmental unit, or political subdivision. (3) 'Policy' means the establishment of procedures, rules, regulations, or requirements which do not require the approval or review of the appointing official or body to be implemented. (b) Except for ex officio, nonvoting members, no individual shall be appointed to serve on an authority, school district, commission, council, or board for a local governing body which establishes policy, spends public funds, levies taxes, or assesses, imposes or collects fees or charges unless:
(1)(A) He or she is a citizen or national of the United States or a lawful permanent resident; and
3020
JOURNAL OF THE HOUSE
(B) He or she is a legal resident of the State of Georgia; provided, however, that an individual who resides in another state in a county of such state that abuts the State of Georgia and who is the owner of a business in the State of Georgia of which such individual exercises day-to-day executive or operational control shall be eligible. As used in this paragraph, the term 'owner' means the direct or indirect ownership of more than 50 percent of the assets or stock of a business; or (2) He or she is an active duty member of the armed forces of the United States or an immediate family member of such person. (c) It shall be the duty of the appointing official or body to ensure compliance with this Code section. Reserved."
SECTION 2. Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding eligibility and qualifications for public office, is amended by adding a new Code section to read as follows:
"45-2-10. (a) As used in this Code section, the term:
(1) 'Lawful permanent resident' means a person who is not a United States citizen but who has the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws of the United States, and such status has not been revoked or found administratively or judicially to have been abandoned. (2) 'Policy' means the establishment of procedures, rules, regulations, or requirements which do not require the approval or review of the appointing official or body to be implemented. (b) Except for ex officio, nonvoting members, in addition to all other qualifications to be appointed to serve on any municipal or county board, commission, or authority which establishes policy, spends public funds, levies taxes, or imposes or collects fees or charges, an individual shall be:
(1)(A) A citizen or national of the United States or a lawful permanent resident; and (B) A legal resident of the State of Georgia; provided, however, that an individual who resides in another state in a county of such state that abuts the State of Georgia and who is the owner of a business in the State of Georgia of which such individual exercises day-to-day executive or operational control shall be eligible. As used in this paragraph, the term 'owner' means the direct or indirect ownership of more than 50 percent of the assets or stock of a business; or (2) He or she is an active duty member of the armed forces of the United States or an immediate family member of such person. (c) Except for ex officio, nonvoting members, in addition to all other qualifications to be appointed to serve on any state authority, board, council, or commission which establishes policy, spends public funds, levies taxes, or imposes or collects fees or charges, an individual shall be a citizen or national of the United States or a lawful permanent resident, and a legal resident of this state."
WEDNESDAY, MARCH 16, 2016
3021
SECTION 3.
Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to state government, is amended by adding a new Code section to read as follows:
"50-1-10. (a) As used in this Code section, the term:
(1) 'Lawful permanent resident' means a person who is not a United States citizen but who has the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws of the United States, and such status has not been revoked or found administratively or judicially to have been abandoned. (2) 'Policy' means the establishment of procedures, rules, regulations, or requirements which do not require the approval or review of the appointing official or body to be implemented. (b) Except for ex officio, nonvoting members, no individual shall be appointed to serve on a state authority, board, council, or commission which establishes policy, spends public funds, levies taxes, or imposes or collects fees or charges unless he or she: (1) Is a citizen or national of the United States or a lawful permanent resident, and a legal resident of this state; or (2) Is an active duty member of the armed forces of the United States or an immediate family member of such person. It shall be the duty of the appointing official or body to ensure compliance with this Code section."
SECTION 4. This Act shall become effective on July 1, 2016, and shall apply to appointments made on or after such date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr
Y Cooke Y Coomer Y Cooper Y Corbett N Dawkins-Haigler
Deffenbaugh
N Harden N Harrell Y Hatchett Y Hawkins N Henson Y Hightower
N Metze 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
3022
JOURNAL OF THE HOUSE
Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T
Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick
Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M
Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan
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 Gilligan E Glanton Y Golick N Gordon Y Gravley N Greene
Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse
Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick N Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra N Marin Y Martin Y Maxwell N Mayo E McCall N McClain Y Meadows
N Oliver N Pak N Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T E Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
N Stephens, M Stephens, R
N Stephenson N Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D N Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell E Turner N Waites Y Watson
Welch Weldon Y Werkheiser N Wilkerson E Wilkinson N Willard N Williams, A N Williams, C E Williams, E Y Williamson Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 94, nays 62.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker assumed the Chair.
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 784. By Representatives Carson of the 46th, Maxwell of the 17th and Lumsden of the 12th:
WEDNESDAY, MARCH 16, 2016
3023
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that certain insurer advertising and promotional items not exceeding $100.00 in value will not be considered an unfair trade practice or an unlawful inducement; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 804. By Representatives Mabra of the 63rd, Glanton of the 75th, Douglas of the 78th, Scott of the 76th, Stovall of the 74th 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 fifth judge of the superior courts of the Clayton Judicial Circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 768. By Representatives Hawkins of the 27th, Willard of the 51st, Fludd of the 64th, Jones of the 47th, Turner of the 21st and others:
A BILL to be entitled an Act to amend Title 30 of the O.C.G.A., relating to disabled persons, so as to provide for the establishment of a qualified ABLE program in this state to enable the contribution of funds to tax-exempt accounts to pay for the qualified expenses of eligible individuals with disabilities; to amend Code Section 48-7-27 of the O.C.G.A., relating to computation of taxable net income; to amend Code Section 50-13-2 of the O.C.G.A., relating to the definitions for purposes of the Georgia Administrative Procedure Act, so as to exclude the Georgia ABLE Program Corporation from the meaning of "agency"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 768 (LC 33 6510S) by inserting on line 383 after "administrative services;" the following: the Board of Regents of the University System of Georgia;
Representative Hawkins of the 27th moved that the House disagree to the Senate amendment to HB 768.
The motion prevailed.
3024
JOURNAL OF THE HOUSE
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 following Senate substitute was read:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to parenting plans, is amended by revising subsections (a) and (c) and the introductory language to paragraphs (1) and (2) of subsection (b) as follows:
"(a) Except when a parent seeks emergency relief for family violence pursuant to Code Section 19-13-3 or 19-13-4, in all cases in which the custody of any child is at issue between the parents, each parent shall prepare a parenting plan or the parties may jointly submit a parenting plan. It shall be in the judge's court's discretion as to when a party shall be required to submit a parenting plan to the judge court. A parenting plan shall be required for permanent custody and modification actions and in the judge's court's discretion may be required for temporary hearings. The final decree order in any legal action involving the custody of a child, including modification actions, shall incorporate a permanent parenting plan as further set forth in this Code section; provided, however, that unless otherwise ordered by the court, a separate court order exclusively devoted to a parenting plan shall not be required.
(b)(1) Unless otherwise ordered by the judge court, a parenting plan shall include the following:" "(2) Unless otherwise ordered by the judge court, or agreed upon by the parties, a parenting plan shall include, but not be limited to:" "(c) If the parties cannot reach agreement on a permanent parenting plan, each party shall file and serve a proposed parenting plan on or before the date set by the judge court. Failure to comply with filing a parenting plan may result in the judge court
WEDNESDAY, MARCH 16, 2016
3025
adopting the plan of the opposing party if the judge finds such plan to be in the best interests of the child."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Quick of the 117th moved that the House agree to the Senate substitute to HB 52.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson
Carter, A Y Carter, D 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
Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Kidd E Kirby Knight Y LaRiccia Y Lott Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby
Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J E Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T E 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
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
Welch Y Weldon
Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 151, nays 0.
The motion prevailed.
3026
JOURNAL OF THE HOUSE
By unanimous consent, the following Resolution of the Senate, having been previously postponed, was again postponed until the next legislative day:
SR 954. By Senators Jeffares of the 17th, Jones of the 25th, Kennedy of the 18th, Kirk of the 13th, Bethel of the 54th and others:
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 Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 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.
The following Senate substitute was read:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
WEDNESDAY, MARCH 16, 2016
3027
SECTION 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, is amended by revising Article 10, which is reserved, to read as follows:
"ARTICLE 10
31-7-190. The intent of the General Assembly in enacting this article is to improve quality and delivery of patient centered and family focused palliative care in this state.
31-7-191. As used in this article, the term:
(1) 'Commissioner' means the commissioner of community health. (2) 'Department' means the Department of Community Health. (3) 'Georgia Palliative Care and Quality of Life Advisory Council' or 'council' means the advisory council created pursuant to Code Section 31-7-192. (4) 'Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; assisted living communities; personal care homes; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; and diagnostic, treatment, or rehabilitation centers. (5) 'Palliative care' means those interventions which are intended to alleviate suffering and to achieve relief from, reduction of, or elimination of pain and of other physical, emotional, social, or spiritual symptoms of distress to achieve the best quality of life for the patients and their families.
31-7-192. (a) There is hereby created the Georgia Palliative Care and Quality of Life Advisory Council within the department. The council shall be composed of nine members, as follows:
(1) The chairperson of the House Committee on Health and Human Services, or his or her designee; (2) The chairperson of the Senate Health and Human Services Committee, or his or her designee; (3) Two members appointed by the Speaker of the House of Representatives; (4) Two members appointed by the President of the Senate; and (5) Three members appointed by the Governor. The appointing authorities are encouraged to coordinate their appointments so that the council includes interdisciplinary palliative care medical, nursing, social work, pharmacy, and spiritual professional expertise; patient and family caregiver advocate representation; and any relevant appointees from the department or other state entities or councils. Membership should include health professionals who have palliative care work experience or expertise in palliative care delivery models in a variety of inpatient,
3028
JOURNAL OF THE HOUSE
outpatient, and community settings, such as acute care, long-term care, or hospice, and with a variety of populations, including pediatric, youth, and adult patients. It is preferable that at least two councilmembers are board certified hospice and palliative medicine physicians or nurses. (b) Appointed councilmembers shall serve for a period of three years. The members shall elect a chairperson and vice chairperson from among their membership whose duties shall be established by the council. (c) The department shall fix a time and place for regular meetings of the council, which shall meet at least twice yearly. (d) Councilmembers shall receive no compensation for their services but shall be allowed actual and necessary expenses in the performance of their duties. Any legislative members of the council shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. If any members selected to serve on the council are state officials, other than legislative members, or are state employees, they shall receive no compensation for their services on the council, but shall be reimbursed for expenses incurred in the performance of their duties as members of the council 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. (e) The council shall consult with and advise the department on matters related to the establishment, maintenance, operation, and outcomes evaluation of palliative care initiatives in this state. (f) The council, no later than June 30, 2017, and annually thereafter, shall submit to the Governor and the General Assembly a report of its findings and recommendations.
31-7-193. (a) There is established a state-wide Palliative Care Consumer and Professional Information and Education Program within the department. (b) The purpose of the Palliative Care Consumer and Professional Information and Education Program shall be to maximize the effectiveness of palliative care initiatives in this state by ensuring that comprehensive and accurate information and education about palliative care is available to the public, health care providers, and health care facilities. (c) The department shall publish on its website information and resources, including links to external resources, about palliative care for the public, health care providers, and health care facilities. This shall include, but not be limited to, continuing educational opportunities for health care providers; information about palliative care delivery in the home, primary, secondary, and tertiary environments; best practices for
WEDNESDAY, MARCH 16, 2016
3029
palliative care delivery; and consumer educational materials and referral information for palliative care, including hospice. (d) The department shall consult with the Georgia Palliative Care and Quality of Life Advisory Council in implementing this Code section. Reserved."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Petrea of the 166th moved that the House agree to the Senate substitute to HB 509.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
Benton Y Beskin Y Beverly Y Blackmon
Broadrick Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan E Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston E Howard Y Hugley E Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lott Y Lumsden E Mabra Y Marin E Martin Y Maxwell
Mayo E McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby
Nimmer Y Nix
Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold
Pirkle Y Powell, A Y Powell, J E Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Rice Y Rogers, C Y Rogers, T E 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
Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin
Taylor, D Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates Ralston, Speaker
On the motion, the ayes were 140, nays 7.
3030
JOURNAL OF THE HOUSE
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 bill of the House:
HB 876. By Representatives Pirkle of the 155th, McCall of the 33rd, England of the 116th, Powell of the 32nd, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, so as to update license and surety requirements of livestock dealers and livestock market operators; to provide for publication of duly licensed dealers and operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; 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 851. By Representative Atwood of the 179th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to require an annual audit of the financial affairs, books, and records of boards of trustees of the county law library; to provide for publication of such audit; to provide for related matters; to repeal conflicting laws; and for other purposes.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 378 Do Pass, by Substitute
WEDNESDAY, MARCH 16, 2016
3031
Respectfully submitted, /s/ Rynders of the 152nd
Chairman
Representative Coomer of the 14th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 863 Do Pass, by Substitute SR 892 Do Pass, by Substitute
Respectfully submitted, /s/ Coomer of the 14th
Chairman
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 757. By Representatives Tanner of the 9th, Nix of the 69th, Battles of the 15th, Powell of the 171st, Hatchett of the 150th and others:
A BILL to be entitled an Act to protect religious freedoms; to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that religious officials shall not be required to perform marriage ceremonies in violation of their legal right to free exercise of religion; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to days of rest for employees of business and industry; to protect property owners which are religious institutions against infringement of religious freedom; to define a term; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Burns of the 159th moved that the Rules be temporarily suspended to allow debate on HB 757 with the time to be determined by the Speaker.
The motion prevailed.
The following Senate substitute was read:
3032
JOURNAL OF THE HOUSE
A BILL TO BE ENTITLED AN ACT
To protect religious freedoms; to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that religious officials shall not be required to perform marriage ceremonies, perform rites, or administer sacraments in violation of their legal right to free exercise of religion; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to days of rest for employees of business and industry; to protect property owners which are religious organizations against infringement of religious freedom; to define a term; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit adverse action by government against a person or faith-based organization who believes, speaks, or acts in accordance with certain sincerely held religious beliefs regarding marriage; to provide for definitions; to provide for the granting of relief; to provide for construction and application; to provide for waiver of sovereign immunity under certain circumstances; 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.
Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by adding a new Code section to read as follows:
"19-3-11. (a) No minister of the gospel or cleric or religious practitioner ordained or authorized to solemnize marriages, perform rites, or administer sacraments according to the usages of the denomination, when acting in his or her official religious capacity, shall be required to solemnize any marriage, perform any rite, or administer any sacrament in violation of his or her right to free exercise of religion under the Constitution of this state or of the United States. (b) A refusal by an ordained or authorized person pursuant to subsection (a) of this Code section shall not give rise to a civil claim or cause of action against such person or result in any state action to penalize, withhold benefits from, or discriminate against such person based on such refusal."
SECTION 1-2. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by revising Code Section 10-1-573, relating to day of rest for employees of business and industry, as follows:
WEDNESDAY, MARCH 16, 2016
3033
"10-1-573. (a) Any business or industry which operates on either of the two rest days (Saturday or Sunday) and employs those whose habitual day of worship has been chosen by the employer as a day of work shall make all reasonable accommodations to the religious, social, and physical needs of such employees so that those employees may enjoy the same benefits as employees in other occupations. (b) No business or industry shall be required by ordinance or resolution of any county, municipality, or consolidated government to operate on either of the two rest days (Saturday or Sunday)."
SECTION 1-3. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 35
10-1-1000. (a) As used in this Code section, the term 'religious organization' means a church, a religious school, an association or convention of churches, a convention mission agency, or an integrated auxiliary of a church or convention or association of churches, when such entity is qualified as an exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. (b) No religious organization shall be required to rent, lease, or otherwise grant permission for property to be used by another person for an event which is objectionable to such religious organization. (c) A refusal by a religious organization pursuant to subsection (b) of this Code section shall not give rise to a civil claim or cause of action against such religious organization or an employee thereof or result in any state action to penalize, withhold benefits from, or discriminate against the religious organization or employee based on such refusal."
PART II SECTION 2-1.
This part shall be known and may be cited as the "First Amendment Defense Act of Georgia."
SECTION 2-2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows:
"CHAPTER 15A
50-15A-1. As used in this chapter, the term:
3034
JOURNAL OF THE HOUSE
(1) 'Adverse action' means any action to: (A) Alter in any way state tax treatment of an exemption from taxation under state law; (B) Cause any tax, penalty, or payment to be assessed against a person or faithbased organization or deny, delay, or revoke an exemption from taxation under state law; (C) Disallow a deduction for state tax purposes of any charitable contribution made to or by a person or faith-based organization; (D) Deny, withhold, reduce, exclude, terminate, reprimand, censure, or otherwise make unavailable any government grant, contract, subcontract, cooperative agreement, loan, guarantee, license, certification, scholarship, accreditation, employment, or other similar position or status from or to a person or faith-based organization; (E) Deny, withhold, reduce, exclude, terminate, or otherwise make unavailable any public benefit from or to a person or faith-based organization, including for purposes of this chapter admission to, equal treatment in, or eligibility for a degree from any educational program at any educational facility administered by a government; or (F) Deny, withhold, reduce, exclude, terminate, condition, or otherwise make unavailable access to any speech forum (whether a traditional, limited, or nonpublic forum) administered by a government, including access to education facilities available for use by student or community organizations.
(2) 'Faith-based organization' means any organization or other legal entity whose governing documents or mission statement expressly acknowledges a religious belief or purpose. (3) 'Government' means the state or any local subdivision of the state or public instrumentality or public corporate body created by or under authority of state law, including but not limited to the executive, legislative, and judicial branches and every department, agency, board, bureau, office, commission, authority, or similar body thereof; municipalities; counties; school districts; special taxing districts; conservation districts; authorities; and any other state or local public instrumentality or corporation. (4) 'Person' means any natural person. (5) 'Public benefit' shall have the same meaning as set forth in Code Section 50-36-1.
50-15A-2. (a) Government shall not take any adverse action against a person or faith-based organization wholly or partially on the basis that such person or faith-based organization believes, speaks, or acts in accordance with a sincerely held religious belief regarding lawful marriage between two people, including the belief that marriage should only be between a man and a woman or that sexual relations are properly reserved to such a union.
WEDNESDAY, MARCH 16, 2016
3035
(b) A person or faith-based organization may assert a violation of this chapter as a claim or defense in a judicial, agency, or other proceeding and obtain a declaratory judgment or injunctive relief against a government. (c) Notwithstanding any other provision of law, an action under this chapter may be commenced, and relief may be granted, in a court of competent jurisdiction without regard to whether the person or faith-based organization commencing the action has sought or exhausted available administrative remedies. (d) The Attorney General may bring an action for a declaratory judgment or injunctive relief for any violation of this chapter. (e) When an aggrieved person or faith-based organization prevails in an action pursuant to this Code section, the court may award reasonable attorney's fees and expenses of litigation. (f) No person or faith-based organization having a claim against a government under this chapter shall bring any action against such government upon such claim without first giving notice of the claim to such government, in writing, by certified mail or statutory overnight delivery, at least 30 days prior to filing such action, setting forth the particular adverse action alleged to have been taken by the government against such person or faith-based organization.
50-15A-3. For purposes of this chapter, government shall consider accredited, licensed, or certified any person or faith-based organization that would have been accredited, licensed, or certified by a nongovernmental agency but for a determination by the agency against such person or faith-based organization wholly or partially on the basis that the person or faith-based organization believes, speaks, or acts in accordance with a sincerely held religious belief regarding lawful marriage between two people, including that marriage should only be between a man and a woman or that sexual relations are properly reserved to such a union.
50-15A-4. (a) This chapter shall be construed in favor of a broad protection of free exercise of religious beliefs to the maximum extent permitted by the terms of this chapter, the United States Constitution, and the Constitution of this state. (b) Nothing in this chapter shall be construed to narrow the meaning or application of any other law of this state protecting free exercise of religious beliefs. (c) Any other provisions of this chapter notwithstanding, nothing in this chapter shall be applied to afford any protection or relief to a public officer or employee who fails or refuses to perform his or her official duties."
SECTION 2-3. Said title is further amended by adding a new Code section to Article 2 of Chapter 21, relating to state tort claims, to read as follows:
3036
JOURNAL OF THE HOUSE
"50-21-38. 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 or faith-based organization seeking a declaratory judgment, injunctive relief, or reasonable attorney's fees and expenses of litigation against the state or any political subdivision thereof as provided for in Chapter 15A of this title. In any such case, the applicable provisions of Chapter 15A of this title shall control to the extent of any conflict with the provisions of this article."
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 following amendment was read and adopted:
Representative Tanner of the 9th offers the following amendment:
Amend the Senate substitute to HB 757 by deleting all matter from line 1 through the end and replacing it with the following: To protect religious freedoms; to provide for defenses and relief related thereto; to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that religious officials shall not be required to perform marriage ceremonies, perform rites, or administer sacraments in violation of their legal right to free exercise of religion; to provide that no individual shall be required to attend the solemnization of a marriage, performance of rites, or administration of sacraments in violation of their legal right to free exercise of religion; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to days of rest for employees of business and industry; to protect property owners which are faith based organizations against infringement of religious freedom; to protect certain providers of services against infringement of religious freedom; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations generally, so as to provide that faith based organizations shall not be required to hire or retain certain persons as employees; 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 waiver of sovereign immunity under certain circumstances; to provide for definitions; to provide for ante litem notices; to provide a
WEDNESDAY, MARCH 16, 2016
3037
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 "Free Exercise Protection Act."
SECTION 2. Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by adding a new Code section to read as follows:
"19-3-11. (a) As used in this Code section, the term 'government' means the state or any political subdivision of the state or public instrumentality or public corporate body created by or under authority of state law. (b) All individuals who are ministers of the gospel or clerics or religious practitioners ordained or authorized to solemnize marriages, perform rites, or administer sacraments according to the usages of the denomination shall be free to solemnize any marriage, perform any rite, or administer any sacrament or to decline to do the same, in their discretion, in the exercise of their rights to free exercise of religion under the Constitution of this state or of the United States.
(c)(1) A refusal by an ordained or authorized individual pursuant to subsection (b) of this Code section shall not give rise to a civil claim or cause of action against such individual or result in any state action to penalize, withhold benefits from, or discriminate against such individual based on such refusal. (2) A refusal by an ordained or authorized individual pursuant to subsection (b) of this Code section shall not be grounds to:
(A) Alter in any way state tax treatment of an exemption from taxation for such individual under state law; (B) Cause any tax, penalty, or payment to be assessed against such individual or deny, delay, or revoke an exemption from taxation for such individual under state law; or (C) Disallow a deduction for state tax purposes of any charitable contribution made by such individual. (d) All individuals shall be free to attend or not attend, at their discretion, the solemnization of any marriage, performance of any rite, or administration of any sacrament in the exercise of their rights to free exercise of religion under the Constitution of this state or of the United States. (e) An individual may assert a violation of this Code section by a government as a claim or defense in a judicial, agency, or other proceeding and obtain a declaratory judgment or injunctive relief in a court of competent jurisdiction. (f) When an aggrieved individual prevails in an action pursuant to this Code section, the court may award reasonable attorney's fees and court costs.
3038
JOURNAL OF THE HOUSE
(g) No individual having a claim against a government under this Code section shall bring any such action without first giving notice of the claim to such government, in writing, by certified mail or statutory overnight delivery, at least 30 days prior to filing such action, setting forth the particular prohibited action alleged to have been taken by the government against such individual."
SECTION 3. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by revising Code Section 10-1-573, relating to day of rest for employees of business and industry, as follows:
"10-1-573. (a) Any business or industry which operates on either of the two rest days (Saturday or Sunday) and employs those whose habitual day of worship has been chosen by the employer as a day of work shall make all reasonable accommodations to the religious, social, and physical needs of such employees so that those employees may enjoy the same benefits as employees in other occupations. (b) No business or industry shall be required by ordinance or resolution of any county, municipality, or consolidated government to operate on either of the two rest days (Saturday or Sunday)."
SECTION 4. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 35
10-1-1000. As used in this article, the term:
(1) 'Faith based organization' means a church, a religious school, an association or convention of churches, a convention mission agency, or an integrated auxiliary of a church or convention or association of churches, when such entity is qualified as an exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. (2) 'Government' means the state or any political subdivision of the state or public instrumentality or public corporate body created by or under authority of state law.
10-1-1001. (a) No faith based organization shall be required to rent, lease, or otherwise grant permission for property to be used by another person for an event which is objectionable to such faith based organization. (b) No faith based organization shall be required to provide social, educational, or charitable services that violate such faith based organization's sincerely held religious belief as demonstrated by its practice, expression, or clearly articulated tenet of faith;
WEDNESDAY, MARCH 16, 2016
3039
provided, however, that government may enforce the terms of a grant, contract, or other agreement voluntarily entered into by such faith based organization.
10-1-1002. (a)(1) A refusal by a faith based organization pursuant to Code Section 10-1-1001 shall not give rise to a civil claim or cause of action against such faith based organization or an employee thereof or result in any state action to penalize, withhold benefits from, or discriminate against the faith based organization or employee based on such refusal. (2) A refusal by a faith based organization pursuant to Code Section 10-1-1001 shall not be grounds to: (A) Alter in any way state tax treatment of an exemption from taxation for such faith based organization under state law; (B) Cause any tax, penalty, or payment to be assessed against such faith based organization or deny, delay, or revoke an exemption from taxation for such faith based organization under state law; or (C) Disallow a deduction for state tax purposes of any charitable contribution made by or to such faith based organization.
(b) A faith based organization may assert a violation of this Code section by a government as a claim or defense in a judicial, agency, or other proceeding and obtain a declaratory judgment or injunctive relief in a court of competent jurisdiction. (c) When an aggrieved faith based organization prevails in an action pursuant to this Code section, the court may award reasonable attorney's fees and court costs. (d) No faith based organization having a claim against a government under this Code section shall bring any such action without first giving notice of the claim to such government, in writing, by certified mail or statutory overnight delivery, at least 30 days prior to filing such action, setting forth the particular prohibited action alleged to have been taken by the government against such faith based organization."
SECTION 5. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations generally, is amended by adding a new Code section to read as follows:
"34-1-9. (a) As used in this Code section, the term:
(1) 'Faith based organization' means a church, a religious school, an association or convention of churches, a convention mission agency, or an integrated auxiliary of a church or convention or association of churches, when such entity is qualified as an exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. (2) 'Government' means the state or any political subdivision of the state or public instrumentality or public corporate body created by or under authority of state law.
3040
JOURNAL OF THE HOUSE
(b) Except as provided by the Constitution of this state or the United States or federal law, no faith based organization shall be required to hire or retain as an employee any person whose religious beliefs or practices or lack of either are not in accord with the faith based organization's sincerely held religious belief as demonstrated by practice, expression, or clearly articulated tenet of faith.
(c)(1) A refusal by a faith based organization to hire or retain a person pursuant to subsection (b) of this Code section shall not give rise to a civil claim or cause of action against such faith based organization or an employee thereof or result in any state action to penalize, withhold benefits from, or discriminate against the faith based organization or employee based on such refusal. (2) A refusal by a faith based organization to hire or retain a person pursuant to subsection (b) of this Code section shall not be grounds to:
(A) Alter in any way state tax treatment of an exemption from taxation for such faith based organization under state law; (B) Cause any tax, penalty, or payment to be assessed against such faith based organization or deny, delay, or revoke an exemption from taxation for such faith based organization under state law; or (C) Disallow a deduction for state tax purposes of any charitable contribution made by or to such faith based organization. (d) A faith based organization may assert a violation of this Code section by a government as a claim or defense in a judicial, agency, or other proceeding and obtain a declaratory judgment or injunctive relief in a court of competent jurisdiction. (e) When an aggrieved faith based organization prevails in an action pursuant to this Code section, the court may award reasonable attorney's fees and court costs. (f) No faith based organization having a claim against a government under this Code section shall bring any such action without first giving notice of the claim to such government, in writing, by certified mail or statutory overnight delivery, at least 30 days prior to filing such action, setting forth the particular prohibited action alleged to have been taken by the government against such faith based organization."
SECTION 6. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows:
"CHAPTER 15A
50-15A-1. As used in this chapter, the term:
(1) 'Delinquent act' shall have the same meaning as provided for in Code Section 1511-2. (2) 'Demonstrates' means meets the burdens of going forward with the evidence and of persuasion.
WEDNESDAY, MARCH 16, 2016
3041
(3) 'Exercise of religion' means the exercise of religion pursuant to Paragraphs III and IV of Section I, Article I of the Constitution of this state or the Free Exercise Clause of the First Amendment to the Constitution of the United States. (4) 'Government' means the state or any political subdivision of the state or public instrumentality or public corporate body created by or under authority of state law. (5) 'Penal institution' means any jail, correctional institution, or similar facility for the detention of violators of state laws or local ordinances and any entity supervising such violators placed on parole, probation, or other conditional release and any facility for the restrictive custody of children and any entity supervising children who are not in restrictive custody but who are accused of or adjudicated for a delinquent act. (6) 'Restrictive custody' shall have the same meaning as provided for in Code Section 15-11-2.
50-15A-2. (a) Government shall not substantially burden a person's exercise of religion even if the burden results from a law, rule, regulation, ordinance, or resolution of general applicability, except as provided in subsection (b) of this Code section. (b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is:
(1) In furtherance of a compelling governmental interest; and (2) The least restrictive means of furthering that compelling governmental interest. (c) A person whose exercise of religion has been burdened in violation of this Code section may assert that violation as a claim or defense in a judicial proceeding and obtain a declaratory judgment or injunctive relief against a government.
50-15A-3. In any action or proceeding to enforce a provision of this chapter, the court or tribunal may allow the prevailing party, other than government, reasonable attorney's fees and court costs.
50-15A-4. No person having a claim under this chapter shall bring any action against government without first giving notice of the claim to such government, in writing, by certified mail or statutory overnight delivery, at least 30 days prior to filing such action, setting forth the particular discriminatory action alleged to have been taken by the government against such person.
50-15A-5. (a) With respect to interactions which affect the rights or interests of third persons, this chapter shall be construed consistent with Article I, Section I, Paragraphs III and IV of the Constitution of Georgia and consistent with decisions of the Georgia Supreme Court made pursuant to said paragraphs. (b) Nothing in this chapter shall be construed to:
3042
JOURNAL OF THE HOUSE
(1) Permit invidious discrimination on any grounds prohibited by federal or state law; (2) Apply to penological rules, regulations, conditions, or policies established by a penal institution that are reasonably related to the safety and security of incarcerated persons, staff, visitors, supervised violators, or the public, or to the maintenance of good order and discipline in any penal institution or parole or probation program; (3) Create any rights by an employee against an employer, if such employer is not a government; or (4) Afford any protection or relief to a public officer or employee who fails or refuses to perform his or her official duties; provided, however, that this paragraph shall not prohibit any person from holding any public office or trust on account of religious opinions, in accordance with Paragraph IV of Section I of Article I of the Constitution."
SECTION 7.
Said title is further amended by adding a new Code section to read as follows: "50-21-38. 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 individual or faith based organization seeking a declaratory judgment, injunctive relief, or reasonable attorney's fees and court costs against the state as provided for in Code Section 19-3-11, Article 35 of Chapter 1 of Title 10, Code Section 34-1-9, or Chapter 15A of this title. In any such case, the applicable provisions of said Code sections, article, or chapter shall control to the extent of any conflict with the provisions of this article."
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.
Representative Tanner of the 9th moved that the House agree to the Senate substitute, as amended by the House, to HB 757.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague
Y Cooke Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson E Hightower Y Hitchens N Holcomb
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver N Pak
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R
WEDNESDAY, MARCH 16, 2016
3043
Y Belton N Bennett, K N Bennett, T N Bentley Y Benton N Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Gilligan E Glanton N Golick N Gordon Y Gravley N Greene
Y Holmes Y Houston E Howard N Hugley E Jackson Y 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 Y LaRiccia Y Lott Y Lumsden E Mabra N Marin N Martin Y Maxwell N Mayo E McCall N McClain Y Meadows
Y Parrish Y Parsons N Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
N Stephenson N Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D N 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 N Wilkinson Y Willard N Williams, A N Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 104, nays 65.
The motion prevailed.
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 369. By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise the standard of compliance from explosion to ignition; to provide for definitions; 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 provide for further regulations by municipal corporations; 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:
3044
JOURNAL OF THE HOUSE
A BILL TO BE ENTITLED AN ACT
To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide for the levy of a retail sales and use tax by the City of Atlanta for the purpose of providing public transportation of passengers for hire in the metropolitan area of the City of Atlanta; to provide for definitions, procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such purposes; to provide for a referendum; to provide for an additional referendum in certain instances; to provide for a limitation on the collection of a tax for transportation purposes in certain counties in certain instances; to amend Article 5A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special district mass transportation sales and use tax, so as to provide for the levy of a tax for transportation purposes in metropolitan county special districts; to provide for definitions, procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such purposes; to provide for a referendum; to provide for the levy of a tax for transportation purposes in metropolitan municipality special districts; to provide for definitions, procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such purposes; to provide for a referendum; 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 MARTA Tax SECTION 1-1.
Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by adding a new Code section to read as follows:
"32-9-13. (a) As used in this Code section, the term:
(1) 'Authority' means the authority created by the MARTA Act. (2) 'City' means the City of Atlanta. (3) 'MARTA Act' means an Act known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. (b) Any provisions to the contrary in the MARTA Act notwithstanding and pursuant to the authority granted under a provision of the Constitution enacted by Ga. L. 1964, p. 1008, the city shall be authorized to levy a retail sales and use tax up to .50 percent under the provisions set forth in this Code section. Such tax shall be in addition to any tax which is currently authorized and collected under the MARTA Act. The city may elect to hold a referendum in 2016 as provided for by this Code section by the adoption of a resolution or ordinance by its governing body on or prior to June 30, 2016;
WEDNESDAY, MARCH 16, 2016
3045
provided, however, that if the city does not adopt a resolution or ordinance on or prior to June 30, 2016, it may elect to hold a referendum at the November, 2017, municipal general election by the adoption of a resolution or ordinance by its governing body to that effect on or prior to June 30, 2017. Such additional tax shall not count toward any local sales tax limitation provided for by Code Section 48-8-6. Any tax imposed under this part at a rate of less than .50 percent shall be in an increment of .05 percent. Any tax imposed under this part shall run concurrently as to duration of the levy with the 1 percent tax currently levied pursuant to the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended.
(c)(1) No later than May 31 of the year a referendum is to be called for as provided in this Code section, the authority shall submit to the city a preliminary list of new rapid transit projects within or serving the geographical area of the city which may be funded in whole or in part by the proceeds of the additional tax authorized by this Code section. (2) No later than July 31 of the year a referendum is to be called for as provided in this Code section, the authority shall submit to the city a final list of new rapid transit projects within or serving the city to be funded in whole or in part by the proceeds of the tax authorized by this Code section. Such final list of new rapid transit projects shall be incorporated into the rapid transit contract established under Section 24 of the MARTA Act between the authority and the city upon approval by the qualified voters of the city of the referendum to levy the additional tax authorized by this Code section. (d) Before the additional tax authorized under this Code section shall become valid, the tax shall be approved by a majority of qualified voters of the city in a referendum thereon. The procedure for holding the referendum called for in this Code section shall be as follows: There shall be published in a newspaper having general circulation throughout the city, once each week for four weeks immediately preceding the week during which the referendum is to be held, a notice to the electors thereof that on the day named therein an election will be held to determine the question of whether or not the tax authorized by this Code section should be collected in the city for the purpose of expanding and enhancing the rapid transit system. Such election shall be held in all the election districts within the territorial limits of the city. The question to be presented to the electorate in any such referendum shall be stated on the ballots or ballot labels as follows:
'( ) YES Shall an additional sales tax of (insert percentage) percent be collected in the City of Atlanta for the purpose of significantly expanding and
( ) NO enhancing MARTA transit service in Atlanta?'
The question shall be published as a part of the aforesaid notice of election. Each such election shall be governed, held, and conducted in accordance with the provisions of law from time to time governing the holding of special elections. After the returns of such an election have been received, and the same have been canvassed and computed, the result shall be certified to the governing body of the city, in addition to any other
3046
JOURNAL OF THE HOUSE
person designated by law to receive the same, and such governing body shall officially declare the result thereof. Each election called by the governing body of the city under the provisions of this Code section shall be governed by and conducted in accordance with the provisions of law governing the holding of elections by the city. The expense of any such election shall be paid by the city. (e) If a majority of those voting in such an election vote in favor of the proposition submitted, then the rapid transit contract between the authority and the city shall authorize the levy and collection of the tax provided for by this Code section, and the final list provided for in paragraph (2) of subsection (c) of this Code section shall be incorporated therein. All of the proceeds derived from the additional tax provided for by this Code section shall be first allocated for payment of the cost of the rapid transit projects incorporated in such contract, except as otherwise provided by the terms of such rapid transit contract, and thereafter, upon completion and payment of such rapid transit projects, as provided for in such contract and this Code section. It shall be the policy of the authority to provide that the tax collected under this Code section in an amount exceeding the cost of the rapid transit projects incorporated in the contract shall be expended solely within and for the benefit of the city. When a tax is imposed under this Code section, the rate of any tax approved as provided for by Article 5A of Chapter 8 of Title 48 shall and the tax provided for by this Code section, in aggregate, shall not exceed a rate of 1 percent. (f) If a majority of those voting in an election provided for by this Code section in 2016 vote against the proposition submitted, the city may elect to resubmit such proposition on the date of the November, 2017, municipal general election by the adoption of a resolution or ordinance to that effect on or prior to June 30, 2017, subject to the provisions of this Code section.
(g)(1) Except as provided for to the contrary in this Code section, the additional tax provided for by this Code section shall be collected in the same manner and under the same conditions as set forth in Section 25 of the MARTA Act. (2) The tax provided for by this Code section shall not be subject to any restrictions as to rate provided for by the MARTA Act and shall not be subject to the provisions of paragraph (2) of subsection (b) or subsection (k) of Section 25 of the MARTA Act. (3) A tax levied under this paragraph shall be added to the state sales and use tax imposed by Article 1 of Chapter 8 of Title 48 and the state revenue commissioner is authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax imposed under this paragraph in the city."
PART II Special District Transportation Taxes
SECTION 2-1.
Article 5A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special district mass transportation sales and use tax, is amended by revising such article as follows:
WEDNESDAY, MARCH 16, 2016
3047
"ARTICLE 5A Part 1
48-8-260. As used in this article, the term:
(1) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution. (2) 'Mass transportation' means any mode of transportation serving the general public which is appropriate to transport people by highways or rail. (3) 'Mass transportation regional system participant' means any county within a special district created pursuant to Article 5 of this chapter in which mass transportation service is provided within such special district, to such special district, or from such special district by a multicounty regional transportation authority created by an Act of the General Assembly, including but not limited to the Georgia Regional Transportation Authority or the Metropolitan Atlanta Rapid Transit Authority. (4) 'Qualified municipality' means a qualified municipality as defined in paragraph (4) of Code Section 48-8-110 which is located wholly or partly within a special district. (5) '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 new general obligation debt and other multiyear obligations issued to finance such purposes. Such purposes shall also include the retirement of previously incurred general obligation debt with respect only to such purposes, but only if an intergovernmental agreement has been entered into under this article part.
48-8-261. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, 159 special districts are created within this state. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts created. (b) On or after July 1, 2016, any county:
(1) That is not located within a special district levying a special sales and use tax pursuant to Article 5 of this chapter; (2) That is not defined as a metropolitan county special district that is governed by the provisions of Part 2 of this article; (2)(3) That is a mass transportation regional system participant; and (3)(4) In which a tax is currently being levied and collected pursuant to:
(A) Part 1 of Article 3 of this chapter;
3048
JOURNAL OF THE HOUSE
(B) A local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; or (C) Code Section 48-8-96 may, by following the procedures required by this article part, impose for a limited period of time within the special district under this article part a transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes. (c) On or after July 1, 2017, any county: (1) That is not located within a special district levying a special sales and use tax pursuant to Article 5 of this chapter; and (2) That is not defined as a metropolitan county special district that is governed by the provisions of Part 2 of this article; and (2)(3) In which a tax is currently being levied and collected pursuant to: (A) Part 1 of Article 3 of this chapter; (B) A local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; or (C) Code Section 48-8-96 may, by following the procedures required by this article part, impose for a limited period of time within the special district under this article part a transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes.
48-8-262. (a)(1) Except as otherwise provided in paragraph (2) of this subsection, prior Prior to the issuance of the call for the referendum required by Code Section 48-8-263, any county that desires to levy a tax under this article part 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 possible projects for inclusion in the referendum and the rate of tax. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum.
(2) When 90 percent or more of the geographic area of a special district is located within one or more qualified municipalities and when a qualified municipality or combination of qualified municipalities within the special district whose combined population within the special district is 60 percent or more of the aggregate population of all qualified municipalities within the special district desires to levy a tax under this article, such qualified municipality or municipalities may deliver or mail written notice to the chief elected official of the governing authority of the county located within the special district calling for a meeting to discuss projects for inclusion in the
WEDNESDAY, MARCH 16, 2016
3049
referendum and the rate of levy of the tax. Such notice shall contain the date, time, place, and purpose of the meeting and shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for a referendum. If the county and all qualified municipalities within the special district do not enter into an intergovernmental agreement meeting the requirements of subsection (b) of this Code section within 30 days after the meeting, when 90 percent or more of the geographic area of a special district is located within one or more qualified municipalities the qualified municipality or combination of qualified municipalities within the special district whose combined population within the special district is 60 percent or more of the aggregate population of all qualified municipalities within the special district may adopt a resolution as provided in subsection (d) of this Code section and issue the call for a referendum on the levy of a tax under this article. (b)(1) Following the meeting required by subsection (a) of this Code section and prior to any tax being imposed under this article part, the county and all qualified municipalities therein may execute an intergovernmental agreement memorializing their agreement to the levy of a tax and the rate of such tax. (2) If an intergovernmental agreement authorized by paragraph (1) of this subsection is entered into, it shall, at a minimum, include the following:
(A) A list of the projects and purposes qualifying as transportation purposes proposed to be funded from the tax, including an expenditure of at least 30 percent of the estimated revenue from the tax on projects included in consistent with the state-wide strategic transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-2-22; (B) The estimated or projected dollar amounts allocated for each transportation purpose from proceeds from the tax; (C) The procedures for distributing proceeds from the tax to qualified municipalities; (D) A schedule for distributing proceeds from the tax to qualified municipalities which shall include the priority or order in which transportation purposes will be fully or partially funded; (E) A provision that all transportation purposes included in the agreement shall be funded from proceeds from the tax except as otherwise agreed; (F) A provision that proceeds from the tax shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this article part; and (H) Such other provisions as the county and qualified municipalities choose to address. (c)(1) If an intergovernmental agreement is entered into by the county and all qualified municipalities, the rate of the tax may be up to 1 percent.
3050
JOURNAL OF THE HOUSE
(2) If an intergovernmental agreement is not entered into by the county and all qualified municipalities, the maximum rate of the tax shall not exceed .75 percent and such rate shall be determined by the governing authority of the county. (d)(1) As soon as practicable after the meeting between the governing authorities of the county and qualified municipalities and the execution of an intergovernmental agreement, if applicable, the governing authority of the county shall by a majority vote on a resolution offered for such purpose submit the list of transportation purposes and the question of whether the tax should be approved to electors of the special district in the next scheduled election and shall notify the county election superintendent within the special district by forwarding to the superintendent a copy of such resolution calling for the imposition of the tax. Such list, or a digest thereof, shall be available during regular business hours in the office of the county clerk. (2) The resolution authorized by paragraph (1) of this subsection shall describe:
(A) The specific transportation purposes to be funded; (B) The approximate cost of such transportation purposes, which shall also be the maximum amount of net proceeds to be raised by the tax; and (C) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed five years.
48-8-263. (a)(1) The ballot submitting the question of the imposition of the tax to the voters within the special district shall have written or printed thereon the following:
'( ) YES ( ) NO
Shall a special ___ percent sales and use tax be imposed in the special district consisting of _______County for a period of time not to exceed _______ and for the raising of not more than an estimated amount of $_______ for transportation purposes?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (b) The election superintendent shall issue the call and conduct the election in the manner authorized by general law. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the tax shall vote 'Yes,' and all persons opposed to imposing the tax shall vote 'No.' If more than one-half of the votes cast throughout the entire special district are in favor of imposing the tax, then the tax shall be imposed as provided in this article part. (c) Where such question is not approved by the voters, the county may resubmit such question from time to time upon compliance with the requirements of this article part.
WEDNESDAY, MARCH 16, 2016
3051
(d)(1) If the intergovernmental agreement, if applicable, and proposal include the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise, such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article part. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article part. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county.
48-8-264. (a)(1) If the imposition of the tax is approved at the election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection.
(b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the special district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax.
3052
JOURNAL OF THE HOUSE
(c)(1) At any time, no more than a single tax under this article part shall be imposed within a special district. Any tax imposed under this article part may, subject to the requirements of subsection (c) of Code Section 48-8-262, be imposed at a rate of up to 1 percent but shall not exceed 1 percent. Any tax imposed under this article part at a rate of less than 1 percent shall be in an increment of .05 percent. (2) In any special district in which a tax is in effect under this article part, proceedings may be commenced, while the tax is in effect, calling for the reimposition of the tax upon the termination of the tax then in effect; and an election may be held at the next scheduled election for this purpose while the tax is in effect. Such proceedings for the reimposition of a tax under this article part shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (3) Following the expiration of a tax under this article part, proceedings for the reimposition of a tax under this article part may be initiated in the same manner as provided in this article part for initial imposition of such tax.
48-8-265. A tax levied pursuant to this article part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within the special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or on behalf of the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
48-8-266. Each sales tax return remitting taxes collected under this article part shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article part are collected and distributed according to situs of sale.
WEDNESDAY, MARCH 16, 2016
3053
48-8-267. (a) The proceeds of the 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; and (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the tax shall be distributed:
(A) Pursuant to the terms of the intergovernmental agreement, if applicable; or (B) If no intergovernmental agreement has been entered into, in accordance with subsection (b) of this Code section. (b) In the event an intergovernmental agreement has not been entered into, then distribution of the proceeds shall be as follows: (1) The state auditor shall determine the most recent three fiscal years for which an audit under Code Section 36-81-7 has been made; (2) Utilizing the audit information under paragraph (1) of this subsection, the county and each qualified municipality shall receive a proportional amount of proceeds of the tax based upon the amount of expenditures made for transportation in the most recent three fiscal years. The proportional amount for the county and each qualified municipality shall be determined by dividing the average expended on transportation during the most recent three fiscal years by the county or qualified municipality by the aggregate average expended on transportation by the county and all qualified municipalities in the special district during the most recent three fiscal years. Amounts expended on transportation include transportation maintenance and operation costs and shall correspond with classifications and subclassifications specified in the local government uniform chart of accounts under subsection (e) of Code Section 36-81-3 within section 4200, including noncapital expenditures within sections 4210-4270, and shall be reported in the local government audit. Total general fund expenditures by the local government within these categories shall be specified in the footnotes of the audited financial statement. If such transportation expenditures include maintenance and operation costs to support local government airport and transit operations, reported in functions 7561 and 7563 of the uniform chart, the general fund costs for those functions shall be included in the footnotes of the local government's audited financial report; and (3) Following the determinations made pursuant to paragraph (2) of this subsection and at least 30 days prior to the referendum, the state auditor shall certify the appropriate distribution percentages to the commissioner and the commissioner shall utilize such percentages for the distribution of proceeds for the term of the tax.
48-8-268. (a) The proceeds of a tax under this article part shall not be subject to any allocation or balancing of state and federal funds provided for by general law, and such proceeds shall not be considered or taken into account in any such allocation or balancing.
3054
JOURNAL OF THE HOUSE
(b) The approval of the tax under this article part shall not in any way diminish the percentage of state or federal funds allocated to any of the local governments under Code Section 32-5-27 within the special district levying the tax. The amount of state or federal funds expended in the county or any qualified municipality within the special district shall not be decreased or diverted due to the use of proceeds from the tax levied under this article part for transportation purposes that have a high priority in the statewide strategic transportation plan.
48-8-269. (a) Except as to rate, a tax imposed under this article 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 article part, except that a tax imposed under this article part shall not apply to:
(1) The sale or use of any type of fuel used for off-road heavy-duty equipment, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; (5) The sale or use of motor fuel as defined under paragraph (9) of Code Section 489-2 for public mass transit; or (6) The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1. (b) Except as otherwise specifically provided in this article part, the tax imposed pursuant to this article part shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this article part shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3.
48-8-269.1. 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 tax may be credited against the 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 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 he or she deems necessary and proper. No credit shall be granted, however, against the tax under this article part for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county.
WEDNESDAY, MARCH 16, 2016
3055
48-8-269.2. No tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier.
48-8-269.3. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax.
48-8-269.4. Except as provided in Code Section 48-8-6, the tax authorized under this article part shall be in addition to any other local sales and use tax. Except as otherwise provided in this article part and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a special district shall not affect the authority of a county to impose the tax authorized under this article part, and the imposition of the tax authorized under this article part shall not affect the imposition of any otherwise authorized local sales and use tax within the special district.
48-8-269.5. (a)(1) The proceeds received from the tax shall be used by the county and qualified municipalities within the special district exclusively for the transportation purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of any county or qualified municipality receiving proceeds of the tax and shall not in any manner be commingled with other funds of any county or qualified municipality prior to the expenditure. (2) The governing authority of each county and the governing authority of each qualified municipality receiving any proceeds from the tax under this article part shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole.
(b) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be
3056
JOURNAL OF THE HOUSE
validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due, the county will receive from the tax net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article part shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county. (c) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the tax may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax, and, in that event, such proceeds shall be solely for such purpose except as otherwise provided in subsection (f) of this Code section. (d) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the tax may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the other purposes for which such proceeds will be used. In such a case, no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the purpose or purposes for which the proceeds will be used.
(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and purposes stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects and purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement, if applicable. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-264 by reason of denial of validation of debt, then all net proceeds received by the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of any county or qualified municipality within the special district other than indebtedness incurred pursuant to this article part. If there is no
WEDNESDAY, MARCH 16, 2016
3057
such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such county or qualified municipality, it being the intent that any funds so paid into the general fund of such county or qualified municipality be used for the purpose of reducing ad valorem taxes.
48-8-269.6. Not later than December 31 of each year, the governing authority of each county and each qualifying qualified municipality receiving any proceeds from the tax under this article part shall publish annually, in a newspaper of general circulation in the boundaries of such county or municipality, a simple, nontechnical report which shows for each purpose in the resolution calling for the imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the county or qualified municipality intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose.
Part 2
48-8-269.7. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, 159 special districts are created within this state. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts created. (b) The provisions of this part shall only be applicable to special districts in which:
(1) A tax is currently being levied and collected pursuant to a local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; and (2) Eighty percent or more of the geographic area of the special district is located within one or more qualified municipalities as defined in paragraph (4) of Code Section 48-8-260. (c) Any special district in this state meeting the qualifications contained in subsection (b) of this Code section shall be known as a metropolitan county special district.
48-8-269.8. (a) After July 1, 2016, any part of a metropolitan county special district that is outside the boundaries of a metropolitan municipality special district, as provided for in Code Section 48-8-269.995, may, by following the procedures required by this part, impose for a limited period of time within such part of the metropolitan county special district a
3058
JOURNAL OF THE HOUSE
transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes. (b) Prior to the issuance of the call for the referendum required by Code Section 48-8269.9, the governing authority of the county in which the part of a metropolitan county special district that desires to levy a tax under this part is located shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within such part of the metropolitan county special district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authority of such county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum and the rate of tax. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum.
(c)(1) Upon approval of the qualified municipalities or county representing at least 60 percent of the population of the part of the metropolitan county special district not within the boundaries of a metropolitan municipality special district, the governing authority of the county by a majority vote on a resolution offered for such purpose shall submit the list of transportation purposes, as approved by the qualified municipalities or county representing at least 60 percent of the population of the part of the metropolitan county special district and the question of whether the tax should be approved to electors of the part of the metropolitan county special district not within the boundaries of a metropolitan municipality special district in the next scheduled election and shall notify the county election superintendent by forwarding to the superintendent a copy of such resolution calling for the imposition of the tax. Such list, or a digest thereof, shall be available during regular business hours in the office of the county clerk and in the offices of the governing authorities of the qualified municipalities participating in the election. (2) The resolution authorized by paragraph (1) of this subsection shall describe:
(A) The specific transportation purposes to be funded; (B) The approximate cost of such transportation purposes, which shall also be the maximum amount of net proceeds to be raised by the tax; (C) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed five years; and (D) A list of the projects and purposes qualifying as transportation purposes proposed to be funded from the tax, including an expenditure of at least 30 percent of the estimated revenue from the tax on projects consistent with the state-wide strategic transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-2-22.
48-8-269.9. (a)(1) The ballot submitting the question of the imposition of the tax to the voters within the part of the metropolitan county special district shall have written or printed thereon the following:
WEDNESDAY, MARCH 16, 2016
3059
'( ) YES Shall an additional ___ percent sales tax be collected in part of ________ County ________ for _______ years for the purpose of
( ) NO transportation improvements and congestion reduction?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (b) The election superintendent shall issue the call and conduct the election in the manner authorized by general law. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the tax shall vote 'Yes,' and all persons opposed to imposing the tax shall vote 'No.' If more than one-half of the votes cast throughout the part of the metropolitan county special district are in favor of imposing the tax, then the tax shall be imposed as provided in this part. (c) Where such question is not approved by the voters, the metropolitan county special district may resubmit such question from time to time upon compliance with the requirements of this part. (d)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise, such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this part. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this part. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county.
3060
JOURNAL OF THE HOUSE
48-8-269.91. (a)(1) If the imposition of the tax is approved at the election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection.
(b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the metropolitan county special district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) At any time, no more than a single tax under this part shall be imposed within a metropolitan county special district. Any tax imposed under this part may be imposed at a rate of up to .75 percent. Any tax imposed under this part at a rate of less than .75 percent shall be in an increment of .05 percent. (2) In any metropolitan county special district in which a tax is currently being levied and collected pursuant to a local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment, and such tax is levied at a percentage over 1 percent, then the combined amount of the percentage over 1 percent of such tax and the tax levied pursuant to this part shall not exceed 1 percent. (3) In any metropolitan county special district in which a tax is in effect under this part, proceedings may be commenced, while the tax is in effect, calling for the reimposition of the tax upon the termination of the tax then in effect; and an election may be held at the next scheduled election for this purpose while the tax is in effect. Such proceedings for the reimposition of a tax under this part shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (4) Following the expiration of a tax under this part, proceedings for the reimposition of a tax under this part may be initiated in the same manner as provided in this part for initial imposition of such tax.
48-8-269.92. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within
WEDNESDAY, MARCH 16, 2016
3061
the part of the metropolitan county special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or on behalf of the metropolitan county special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
48-8-269.93. Each sales tax return remitting taxes collected under this part shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this part are collected and distributed according to situs of sale.
48-8-269.94. The proceeds of the tax collected by the commissioner in each metropolitan county 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) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed pursuant to the terms of an intergovernmental agreement.
48-8-269.95. (a) The proceeds of a tax under this part shall not be subject to any allocation or balancing of state and federal funds provided for by general law, and such proceeds shall not be considered or taken into account in any such allocation or balancing. (b) The approval of the tax under this part shall not in any way diminish the percentage of state or federal funds allocated to any of the local governments under Code Section 32-5-27 within the metropolitan county special district levying the tax. The amount of state or federal funds expended in the county or any qualified municipality within the metropolitan county special district shall not be decreased or diverted due to the use of
3062
JOURNAL OF THE HOUSE
proceeds from the tax levied under this part for transportation purposes that have a high priority in the state-wide strategic transportation plan.
48-8-269.96. (a) 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 not apply to:
(1) The sale or use of any type of fuel used for off-road heavy-duty equipment, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; (5) The sale or use of motor fuel as defined under paragraph (9) of Code Section 489-2 for public mass transit; or (6) The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1. (b) Except as otherwise specifically provided in this part, the tax imposed pursuant to this part shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this part shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3.
48-8-269.97. 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 tax may be credited against the 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 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 he or she deems necessary and proper. No credit shall be granted, however, against the tax under this part for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the metropolitan county special district.
48-8-269.98. No tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier.
WEDNESDAY, MARCH 16, 2016
3063
48-8-269.99. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax.
48-8-269.991. Except as provided in Code Section 48-8-6, the tax authorized under this part shall be in addition to any other local sales and use tax. Except as otherwise provided in this part and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a metropolitan county special district shall not affect the authority of a metropolitan county special district to impose the tax authorized under this part, and the imposition of the tax authorized under this part shall not affect the imposition of any otherwise authorized local sales and use tax within the metropolitan county special district.
48-8-269.992. (a)(1) The proceeds received from the tax shall be used by the county and qualified municipalities within the part of the metropolitan county special district levying the tax exclusively for the transportation purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of any county or qualified municipality receiving proceeds of the tax and shall not in any manner be commingled with other funds of any county or qualified municipality prior to the expenditure. (2) The governing authority of each county and the governing authority of each qualified municipality receiving any proceeds from the tax under this part shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole.
(b) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due, the county will receive from the tax net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this part shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the
3064
JOURNAL OF THE HOUSE
county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county. (c) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the tax may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax, and, in that event, such proceeds shall be solely for such purpose except as otherwise provided in subsection (f) of this Code section. (d) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the tax may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the other purposes for which such proceeds will be used. In such a case, no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the purpose or purposes for which the proceeds will be used.
(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the metropolitan county special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and purposes stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects and purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement, if applicable. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-269.91 by reason of denial of validation of debt, then all net proceeds received by the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of any county or qualified municipality within the metropolitan county special district other than indebtedness incurred pursuant to this part. If there is no such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such county or qualified municipality, it being the intent that any funds so paid into the general fund of such county or qualified municipality be used for the purpose of reducing ad valorem taxes.
WEDNESDAY, MARCH 16, 2016
3065
48-8-269.993. Not later than December 31 of each year, the governing authority of the county and each qualified municipality receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such metropolitan county special district, a simple, nontechnical report which shows for each purpose in the resolution calling for the imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the metropolitan county special district intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose.
Part 3
48-8-269.994. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, 159 special districts are created within this state. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts created. (b) The provisions of this part shall only be applicable to special districts in which:
(1) A tax is currently being levied and collected by a municipality that is specifically authorized to levy such tax pursuant to a local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; and (2) Such municipality contains within its boundaries 15 percent or more of the geographic area of a metropolitan county special district. (c) The territory of any municipality in this state meeting the qualifications contained in subsection (b) of this Code section shall be a metropolitan municipality special district, the geographic boundary of which shall be coterminous with the geographic boundary of such municipality.
48-8-269.995. (a) After July 1, 2016, any metropolitan municipality special district may, by following the procedures required by this part, impose for a limited period of time within such metropolitan municipality special district a transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes.
(b)(1) Prior to the issuance of the call for the referendum required by Code Section 48-8-269.996, the governing authority of the metropolitan municipality special district that desires to levy a tax under this part shall by a majority vote on a resolution offered for such purpose approve the submission of a list of transportation purposes and the question of whether the tax should be approved to the governing authority of the county in which the metropolitan municipality special district is located. In the event a metropolitan municipality special district is located in more than one county,
3066
JOURNAL OF THE HOUSE
such resolution shall be forwarded to the governing authority of the county which contains the highest percentage of the geographic area of the metropolitan municipality special district. The governing authority of the county after approval of the resolution by a majority vote shall notify the county election superintendent by forwarding to the superintendent a copy of such resolution calling for the imposition of the tax and for the proposal to be presented to the qualified voters in the metropolitan municipality special district at the next scheduled election. Such resolution, or a digest thereof, shall be available during regular business hours in the office of the county clerk and in the offices of the metropolitan municipality special district calling for the election. (2) The resolution authorized by paragraph (1) of this subsection shall describe:
(A) The specific transportation purposes to be funded; (B) The approximate cost of such transportation purposes, which shall also be the maximum amount of net proceeds to be raised by the tax; (C) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed five years; and (D) A list of the projects and purposes qualifying as transportation purposes proposed to be funded from the tax, including an expenditure of at least 30 percent of the estimated revenue from the tax on projects consistent with the state-wide strategic transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-2-22.
48-8-269.996. (a)(1) The ballot submitting the question of the imposition of the tax to the voters within the metropolitan municipality special district shall have written or printed thereon the following:
'( ) YES Shall an additional ___ percent sales tax be collected in the City of ________ for _______ years for the purpose of transportation
( ) NO improvements and congestion reduction?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ the municipality in the principal amount of $___________ for the above purpose.' (b) The election superintendent shall issue the call and conduct the election in the manner authorized by general law. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from municipal funds. All persons desiring to vote in favor of imposing the tax shall vote 'Yes,' and all persons opposed to imposing the tax shall vote 'No.' If more than one-half of the votes cast
WEDNESDAY, MARCH 16, 2016
3067
throughout the metropolitan municipality special district are in favor of imposing the tax, then the tax shall be imposed as provided in this part. (c) Where such question is not approved by the voters, the metropolitan municipality special district may resubmit such question from time to time upon compliance with the requirements of this part.
(d)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the municipality; otherwise, such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the municipality may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this part. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this part. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the municipality.
48-8-269.997. (a)(1) If the imposition of the tax is approved at the election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection.
(b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or
3068
JOURNAL OF THE HOUSE
(3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the metropolitan municipality special district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) At any time, no more than a single tax under this part shall be imposed within a metropolitan municipality special district. Any tax imposed under this part may be imposed at a rate of up to .75 percent. Any tax imposed under this part at a rate of less than .75 percent shall be in an increment of .05 percent. (2) In any metropolitan municipality special district in which a tax is currently being levied and collected pursuant to a local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment, and such tax is levied at a percentage over 1 percent, then the combined amount of the percentage over 1 percent of such tax and the tax levied pursuant to this part shall not exceed 1 percent; (3) In any metropolitan municipality special district in which a tax is in effect under this part, proceedings may be commenced, while the tax is in effect, calling for the reimposition of the tax upon the termination of the tax then in effect; and an election may be held at the next scheduled election for this purpose while the tax is in effect. Such proceedings for the reimposition of a tax under this part shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (4) Following the expiration of a tax under this part, proceedings for the reimposition of a tax under this part may be initiated in the same manner as provided in this part for initial imposition of such tax.
48-8-269.998. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the metropolitan municipal special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or on behalf of the metropolitan municipal special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
WEDNESDAY, MARCH 16, 2016
3069
48-8-269.999. Each sales tax return remitting taxes collected under this part shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this part are collected and distributed according to situs of sale.
48-8-269.9991. The proceeds of the tax collected by the commissioner in each metropolitan municipality special district under this part shall be disbursed as soon as practicable after collection; provided, however, that 1 percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration.
48-8-269.9992. (a) The proceeds of a tax under this part shall not be subject to any allocation or balancing of state and federal funds provided for by general law, and such proceeds shall not be considered or taken into account in any such allocation or balancing. (b) The approval of the tax under this part shall not in any way diminish the percentage of state or federal funds allocated to any municipality under Code Section 32-5-27. The amount of state or federal funds expended in the metropolitan municipality special district shall not be decreased or diverted due to the use of proceeds from the tax levied under this part for transportation purposes that have a high priority in the state-wide strategic transportation plan.
48-8-269.9993. (a) 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 not apply to:
(1) The sale or use of any type of fuel used for off-road heavy-duty equipment, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; (5) The sale or use of motor fuel as defined under paragraph (9) of Code Section 489-2 for public mass transit; or (6) The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1. (b) Except as otherwise specifically provided in this part, the tax imposed pursuant to this part shall be subject to any sales and use tax exemption which is otherwise imposed
3070
JOURNAL OF THE HOUSE
by law; provided, however, that the tax levied by this part shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3.
48-8-269.9994. 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 tax may be credited against the 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 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 he or she deems necessary and proper. No credit shall be granted, however, against the tax under this part for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a metropolitan municipality special district which includes the county.
48-8-269.9995. No tax 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 metropolitan county special district in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier.
48-8-269.9996. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax.
48-8-269.9997. Except as provided in Code Section 48-8-6, the tax authorized under this part shall be in addition to any other local sales and use tax. Except as otherwise provided in this part and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a metropolitan municipality special district shall not affect the imposition of any otherwise authorized local sales and use tax within the metropolitan municipality special district.
48-8-269.9998. (a)(1) The proceeds received from the tax shall be used by the metropolitan municipality special district levying the tax exclusively for the transportation purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the municipality receiving proceeds of the tax and shall not in any manner be commingled with other funds.
WEDNESDAY, MARCH 16, 2016
3071
(2) The governing authority of any municipality receiving any proceeds from the tax under this part shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (b) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the municipal governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due, the municipality will receive from the tax net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this part shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the municipality. (c) The resolution calling for the imposition of the tax may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax, and, in that event, such proceeds shall be solely for such purpose except as otherwise provided in subsection (f) of this Code section. (d) The resolution calling for the imposition of the tax may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. The resolution shall specifically state the other purposes for which such proceeds will be used. In such a case, no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. The resolution shall specifically state the purpose or purposes for which the proceeds will be used.
(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection.
3072
JOURNAL OF THE HOUSE
(B) If the metropolitan municipality special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and purposes stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects and purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-269.997 by reason of denial of validation of debt, then all net proceeds received by the metropolitan municipality special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the metropolitan municipality special district other than indebtedness incurred pursuant to this part. If there is no such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such municipality, it being the intent that any funds so paid into the general fund of such municipality be used for the purpose of reducing ad valorem taxes.
48-8-269.9999. Not later than December 31 of each year, the governing authority of the municipality receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such municipality, a simple, nontechnical report which shows for each purpose in the resolution calling for the imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the municipality intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose."
PART III Effective Date; General Repealer.
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 following amendment was read and adopted:
Representatives Jones of the 47th and Smyre of the 135th offer the following amendment:
WEDNESDAY, MARCH 16, 2016
3073
Amend the substitute to SB 369 (LC 34 4943S) by deleting line 561 and inserting in lieu thereof the following:
the county, unless there is a vote against the resolution by a majority plus one of the members of such governing authority of the county, shall sign a resolution offered for such purpose and shall submit the
By deleting lines 867 and 868 and inserting in lieu thereof the following: district. The governing authority of the county, unless there is a vote against the resolution by a majority plus one of the members of such governing authority of the county, shall sign a resolution offered for such purpose and shall notify the county election superintendent by forwarding to 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
Allison Y Atwood E Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas
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 Harden N Harrell Y Hatchett Y Hawkins Y Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston E Howard Y Hugley E Jackson E 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 Lott Y Lumsden E Mabra Y Marin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince E Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T E 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
Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
3074
JOURNAL OF THE HOUSE
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gilligan E Glanton N Golick Y Gordon N Gravley Y Greene
Y Martin Y Maxwell Y Mayo E McCall Y McClain Y Meadows
Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following 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 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.
HB 899. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Jones of the 47th, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapters 13 and 13A of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers and master settlement agreement enhancements, respectively, so as to revise and add certain definitions; to provide for procedures, conditions, and limitations; to provide for responsibilities of cigarette importers and stamping agents; to provide for duties of the Attorney General and the revenue commissioner; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to clarify applicability in conjunction with other provisions of law; to repeal conflicting laws; and for other purposes.
WEDNESDAY, MARCH 16, 2016
3075
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1058. By Representatives Price of the 48th, Hawkins of the 27th, Cooper of the 43rd, Dempsey of the 13th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Chapters 17 and 22 of Title 31 and Code Section 24-12-21 of the O.C.G.A., relating to control of venereal disease, clinical laboratories, and the disclosure of AIDS confidential information, respectively, so as to revise various statutes relating to HIV and AIDS; 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 910. By Representatives Frye of the 118th, Fleming of the 121st, Kelley of the 16th, Mabra of the 63rd, Weldon of the 3rd and others:
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 provide that provisions relating to the costs of copying and mailing patient records apply to psychiatric, psychological, and other mental health records; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, March 22, 2016, 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, March 22, 2016.
3076
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Tuesday, March 22, 2016
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 Allison Atwood Ballinger Barr Battles E Beasley-Teague Belton Bennett, K Bennett, T E Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell Carson Carter, A Carter, D Chandler Cheokas Clark, D Clark, H Clark, V
Coleman Cooke Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration England Epps Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Golick Gordon Gravley Greene Harden
Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J.B. Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall E McClain Meadows
Metze Mitchell Morris Nimmer Nix Oliver Parrish Parsons Peake Petrea Pezold Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L Smith, R Smyre Spencer Stephens, M E Stephenson Stovall E Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Turner Waites Watson Welch E Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C E Williams, E Williamson Yates Ralston, Speaker
The following members were off the floor of the House when the roll was called:
Representatives Casas of the 107th, Coomer of the 14th, Dollar of the 45th, Ehrhart of the 36th, Jordan of the 77th, Pak of the 108th, Rogers of the 29th, and Stephens of the 164th.
TUESDAY, MARCH 22, 2016
3077
They wished to be recorded as present.
Prayer was offered by Reverend Reece Mincey, Pastor, Cedar Crossing Baptist Church, Uvalda, 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 507
Atlanta, Georgia 30334
March 22, 2016
Bill Reilly Clerk of the House 309 State Capitol Atlanta, GA
Dear Mr. Reilly,
Please add to the journal that I intended to vote yes on HB 781 on February 26, 2016. All my concerns were addressed and presented in the final bill we voted on and I accidentally voted no. I am happy to support legislation that limits members of Georgia's boards and commissions to citizens and permanent residents of the United States.
Thank you,
/s/ Betty Price State Representative
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
3078
JOURNAL OF THE HOUSE
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1157. By Representative Harrell of the 106th:
A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions concerning general provisions for ad valorem taxation of property, so as to redefine fair market value with respect to the valuation of certain intangible property; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1158. By Representatives Kelley of the 16th, Stephens of the 164th, Martin of the 49th, Quick of the 117th, Caldwell of the 20th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to malt beverages, so as to clarify that free tastings and free food may be offered by a brewery without conducting a brewery tour; to allow for brewery tours, free souvenirs, free food, and free tastings to be conducted on the same days and at the same times as certain activities by other licensees are permitted within the county or municipality; to provide for local governing authorities to regulate brewery tours and other activities under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 1159. By Representatives Kelley of the 16th, Martin of the 49th, Quick of the 117th, Caldwell of the 20th, Frye of the 118th and others:
TUESDAY, MARCH 22, 2016
3079
A BILL to be entitled an Act to amend Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to malt beverages, so as to provide for a brewer to sell at wholesale a certain quantity of malt beverages under certain conditions; to ensure the collection of all applicable taxes; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 1160. By Representatives Spencer of the 180th, Dudgeon of the 25th, Caldwell of the 20th, Turner of the 21st, Stover of the 71st and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require legislative notification prior to the submission of certain waivers pursuant to Section 1332 of the Patient Protection and Affordable Care Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 1758. By Representatives Petrea of the 166th, Dempsey of the 13th, Hawkins of the 27th, Oliver of the 82nd and Abrams of the 89th:
A RESOLUTION creating the House Study Committee on Proxy Caregiving and Medication Administration in Community Based Service Settings; and for other purposes.
Referred to the Committee on Special Rules.
HR 1781. By Representatives Mayo of the 84th, Stephens of the 165th, Drenner of the 85th and Kaiser of the 59th:
A RESOLUTION encouraging cat and dog owners to spay or neuter their pets; 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 1156 HR 1782
HR 1720 SB 234
3080
JOURNAL OF THE HOUSE
SB 424 SB 430 SB 432 SB 434 SB 436 SB 439
SB 427 SB 431 SB 433 SB 435 SB 438 SB 440
Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 337 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 1149 Do Pass HB 1152 Do Pass HB 1153 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 22, 2016
TUESDAY, MARCH 22, 2016
3081
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
Modified Open Rule
HR 1254 HR 1564 SB 18
SB 230 SB 271
SB 417
Medicaid care management organizations; cover certain attention deficit hyperactivity disorder medications; encourage (H&HS-Stephens-165th) Public Health, Department of; sudden cardiac arrest prevention education courses; encourage (Ed-Clark-98th) Technical College System of Georgia; establish policies for granting academic credit for college level learning from military service, work experience (Substitute)(HEd-Smith-134th) Harbison-15th 'Uniform Emergency Volunteer Health Practitioners Act'; enactment (H&HS-Jasperse-11th) Hufstetler-52nd Mental Health; provide reasonable standards for providing patients notice; admission to an emergency receiving facility (H&HS-Harden-148th) Burke-11th 'Georgia Film and Television Trail Act'; create; provide definitions; purpose (Substitute)(ED&T-Stephens-164th) Mullis-53rd
Modified Structured Rule
SB 184 SB 255 SB 275
SB 329 SB 346
SB 383
SB 389
Dogs; provide breed-specific regulation shall be limited to enactment by general law (Substitute)(GAff-Corbett-174th) Black-8th Garnishment Proceedings; modernize, reorganize, and provide constitutional protections (Substitute)(Judy-Willard-51st) Stone-23rd Local Government; governing body shall not adopt policy that has effect of preventing free exercise of the right of freedom of speech by the members (Substitute)(Judy-Dudgeon-25th) Williams-27th Education; expand provisions relating to awarding of high school dipolmas based on certain dual credit coursework (Ed-Dudgeon-25th) Tippins-37th "Environmental Policy Act"; exempt projects for construction/improvement of public roads from environmental effects reports (Substitute) (Trans-Watson-172nd) Beach-21st Public Roads; Roadside Enhancement and Beautification Council; provide for purpose (Substitute)(Trans-McCall-33rd) Ginn-47th (Substitute LC 40 1191ERS) Social Services; temporary assistance for needy families; provide for exception to lifetime maximum assistance (Substitute) (H&HS-Coomer-14th) Hill-6th
3082
JOURNAL OF THE HOUSE
SB 420
Local Government; require referendum approval prior to the expenditure of public funds; establishment of a fixed guideway transit (Trans-Setzler-35th) Tippins-37th
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 1149. By Representatives Williams of the 168th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p. 3542), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3661), so as to provide for reimbursement of expenses for the chairperson and 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 1152. By Representative Dukes of the 154th:
A BILL to be entitled an Act to amend an Act establishing the Board of Commissioners of Seminole County, approved August 16, 1920 (Ga. L. 1920, p. 610), as amended, particularly by an Act approved March 2, 1978 (Ga. L. 1978, p. 3076), 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1153. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such
TUESDAY, MARCH 22, 2016
3083
participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), so as to clarify the qualifications for participation in such health insurance program; to clarify who is covered under such provision; to provide limits on coverages offered; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton
Beskin Beverly Y Blackmon Y Broadrick Brockway Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Casas Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Cooke Coomer Cooper
Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes
Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England
Epps Y Evans Y Fleming E Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb
Holmes Houston Y Howard Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Jones, L Jones, S Jordan Y Kaiser Y Kelley Kendrick Y Kidd Kirby Y Knight Y LaRiccia Y Lott Lumsden Y Mabra Y Marin Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J
Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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 E 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.
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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
3084
JOURNAL OF THE HOUSE
On the passage of the Bills, the ayes were 139, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
By unanimous consent, the following Bill of the House, having been previously postponed, was again postponed until the next legislative day:
HB 1131. By Representatives Gardner of the 57th, Kaiser of the 59th, Metze of the 55th, Abrams of the 89th, Bennett of the 80th and others:
A BILL to be entitled an Act to provide for the levy of a retail sales and use tax by the City of Atlanta for the purpose of providing public transportation of passengers for hire in the metropolitan area of the City of Atlanta; to provide for definitions; to provide for procedures, conditions, and limitations for the imposition of such tax; to provide for selection of projects for such purposes; to provide for a referendum; to provide for an additional referendum in certain instances; to provide for a limitation on the collection of a tax for transportation purposes in certain counties in certain instances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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 757. By Representatives Tanner of the 9th, Nix of the 69th, Battles of the 15th, Powell of the 171st, Hatchett of the 150th and others:
A BILL to be entitled an Act to protect religious freedoms; to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that religious officials shall not be required to perform marriage ceremonies in violation of their legal right to free exercise of religion; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to days of rest for employees of business and industry; to protect property owners which are religious institutions against infringement of religious freedom; to define a term; to provide an effective date; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 22, 2016
3085
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 801. By Representatives Jones of the 47th, Dickey of the 140th, Nimmer of the 178th, Rogers of the 10th, Burns of the 159th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise various provisions regarding the HOPE scholarship; to include certain coursework in computer science as optional rigor requirements; to provide for weighted scores for certain college coursework; to clarify definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 825. By Representatives Smith of the 125th, Holcomb of the 81st, Carter of the 175th, Shaw of the 176th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship general provisions, so as to provide that in the event of a report of child abuse by a military parent or guardian, the child welfare agency shall notify the Department of Defense Family Advocacy Program; to add filing a report of child abuse to military law enforcement to the reporting of child abuse to an appropriate police authority; to extend immunity provisions to reporting child abuse to military law enforcement; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 962. By Representatives Abrams of the 89th, Dempsey of the 13th, Benton of the 31st, Hugley of the 136th, Sharper of the 177th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, so as to provide for the creation, appointment, removal, and duties of a kinship care enforcement administrator; to provide a definition; 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 54. By Representatives Waites of the 60th, Powell of the 32nd, Scott of the 76th, Jones of the 53rd and Fludd of the 64th:
3086
JOURNAL OF THE HOUSE
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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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 726. By Representatives Tanner of the 9th, Powell of the 32nd, Harrell of the 106th, Peake of the 141st, Duncan of the 26th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to clarify that certain charges are not subject to state excise tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 737. By Representative Caldwell of the 131st:
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 codify a joint resolution; to provide for other matters relating to
TUESDAY, MARCH 22, 2016
3087
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 765. By Representatives Powell of the 171st, Willard of the 51st, Lott of the 122nd, Greene of the 151st, Houston of the 170th and others:
A BILL to be entitled an Act to amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to the appointment of board members to the county departments of family and children services, so as to provide that appointments may include certain retired individuals; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 770. By Representatives Efstration of the 104th, Welch of the 110th, Houston of the 170th, Atwood of the 179th, Evans of the 42nd and others:
A BILL to be entitled an Act to amend Code Section 16-5-46 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude, so as to provide for and revise defined terms; to change penalty provisions; to remove a potential defense to a charge of trafficking of persons for labor or sexual servitude; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 800. By Representatives Jasperse of the 11th, McCall of the 33rd, England of the 116th, Ballinger of the 23rd, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to veterinarians and veterinary technicians, so as to clarify the scope of the veterinarian-clientpatient relationship; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 831. By Representatives Smyre of the 135th, Scott of the 76th, Hitchens of the 161st, Smith of the 134th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions for certain military personnel, so as to require that private employers reemploy certain members of any reserve component of the armed forces of the United States who have been discharged or suspended from employment by his or her employer due to being called into active state service; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
3088
JOURNAL OF THE HOUSE
HB 902. By Representatives Dempsey of the 13th, Clark of the 101st, Randall of the 142nd, Wilkinson of the 52nd, Hawkins of the 27th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for educational information on influenza disease to residents of assisted living communities; to provide for statutory construction; to provide that no cause of action is created; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 991. By Representatives Hitchens of the 161st, Powell of the 171st and Williamson of the 115th:
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.
HB 1012. By Representatives Carson of the 46th, Cooper of the 43rd, Evans of the 42nd, Reeves of the 34th, Ehrhart of the 36th 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 April 10, 2014 (Ga. L. 2014, p. 4104), an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), and an Act approved May 12, 2015 (Ga. L. 2015, p. 4284), so as to change the salary of the clerk of the superior court, the deputy clerk, the executive assistant, and the executive secretary; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1037. By Representatives Clark of the 101st, Cooper of the 43rd, Taylor of the 173rd, Efstration of the 104th, Broadrick of the 4th 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 expand the certified nurse aide registry to nurse aides who provide services in private residences; to provide for inquiries and complaints; to provide that the registry be easily located on the department's website; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 22, 2016
3089
HB 1067. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Greene County, approved May 16, 2007 (Ga. L. 2007, p. 3602), so as to provide for an election supervisor; to provide for the qualifications, appointment, compensation, duties, and employment of said election supervisor; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1097. By Representatives Yates of the 73rd, Fludd of the 64th, Mabra of the 63rd and Ramsey of the 72nd:
A BILL to be entitled an Act to amend an Act providing for the compensation and expenses of the chairperson and members of the Board of Education of Fayette County, approved March 30, 1993 (Ga. L. 1993, p. 4308), so as to increase the compensation of the chairperson and members of the Fayette County Board of Education; to repeal conflicting laws; and for other purposes.
HB 1106. By Representatives Clark of the 98th, Coleman of the 97th and Brockway of the 102nd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, approved May 14, 2003 (Ga. L. 2003, p. 3546), so as to change provisions relating to municipal property ownership; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1114. 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); to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1116. By Representatives Oliver of the 82nd, Holcomb of the 81st, Bennett of the 80th, Stephenson of the 90th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 3, 2015 (Ga. L. 2015, p. 3501), so as to provide for the payment of costs in such court; to provide for a failure to
3090
JOURNAL OF THE HOUSE
appear fee in such court; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1118. By Representative Jackson of the 128th:
A BILL to be entitled an Act to provide for the filling of vacancies on the Washington County Hospital Authority; to provide for the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1122. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to create a board of elections and registration for Oglethorpe County; to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members and an elections supervisor; to provide for the qualifications, terms, and removal of members; to provide for vacancies; to provide for oaths and privileges; to provide for the conduct of primaries and elections; to provide for meetings; to authorize the conduct of municipal elections; to allow for joint primaries; to authorize expenditure of public funds; to provide compensation for board members; to provide for offices, supplies, and other materials; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1125. By Representatives Morris of the 156th and Nimmer of the 178th:
A BILL to be entitled an Act to provide a new charter for the City of Surrency, formerly the Town of Surrency; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1126. By Representative Morris of the 156th:
A BILL to be entitled an Act to provide a new charter for the City of Graham; 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.
HB 1127. By Representative Morris of the 156th:
A BILL to be entitled an Act to create the City of Vidalia Convention and Visitor's 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
TUESDAY, MARCH 22, 2016
3091
Vidalia, 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 for related matters; to repeal conflicting laws; and for other purposes.
HB 1128. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to reconstitute the Chattahoochee County Board of Education with staggered terms and nonpartisan elections for members; to repeal the amendment to the Constitution of Georgia creating a new board of education for Chattahoochee County, approved March 25, 1958 (Ga. L. 1958, p. 603), which was continued under the 1983 Constitution of the State of Georgia by an Act approved March 20, 1986 (Ga. L. 1986, p. 4311); to provide for a referendum with respect to the foregoing; to provide for a contingent effective date; to provide for a contingent automatic repeal; 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 1312. By Representatives Sims of the 123rd, Blackmon of the 146th, Coomer of the 14th, Clark of the 101st, Dunahoo of the 30th and others:
A RESOLUTION authorizing the change of use of certain property located in Houston County currently dedicated as a heritage preserve; authorizing the granting of a nonexclusive easement for the construction, operation, and maintenance of facilities and ingress and egress in, on, over, under, upon, across, or through certain state owned real property located in Houston County; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives LaRiccia of the 169th, Gardner of the 57th, Deffenbaugh of the 1st, Golick of the 40th, Glanton of the 75th, Kirby of the 114th, Pirkle of the 155th, Williams of the 168th, Stovall of the 74th, Epps of the 144th, Bennett of the 94th, Bruce of the 61st et al., Chandler of the 105th et al., Jones of the 62nd, Atwood of the 179th, and Ramsey of the 72nd.
3092
JOURNAL OF THE HOUSE
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 1254. By Representatives Stephens of the 165th, Stephens of the 164th, Petrea of the 166th, Gordon of the 163rd, Parrish of the 158th and others:
A RESOLUTION encouraging Medicaid care management organizations operating in Georgia to cover certain attention deficit hyperactivity disorder medications; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D
Casas Y Chandler Y Cheokas
Clark, D Y Clark, H
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 Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon
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 Jasperse
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall
Reeves Y Rhodes Y Rice Y Rogers, C
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 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 E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson
TUESDAY, MARCH 22, 2016
3093
Y Clark, V Y Coleman
Y Gravley Y Greene
E McClain Y Meadows
Y Shaw Y Sims
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.
HR 1564. By Representatives Clark of the 98th, Kelley of the 16th, Jackson of the 128th, Clark of the 101st, Thomas of the 39th and others:
A RESOLUTION encouraging each local board of education, governing body of a nonpublic school, and governing body of a charter school to adopt and implement a sudden cardiac arrest and return to play policy and encouraging the Department of Public Health to endorse one or more sudden cardiac arrest prevention education courses; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston
Howard Y Hugley Y Jackson Y Jasperse
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 Lott Y Lumsden
Y Metze Y Mitchell Y Morris
Mosby Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Reeves Y Rhodes Y Rice Y Rogers, C
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y 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
3094
JOURNAL OF THE HOUSE
Y Carter, D Casas
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 162, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 417. By Senators Mullis of the 53rd, Gooch of the 51st, Beach of the 21st and Ginn of the 47th:
A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the "Georgia Film and Television Trail Act"; to provide for a short title; to provide for definitions; to provide for a purpose; to provide for the Department of Economic Development to plan and develop the trail; to provide for policies; to provide for the Department of Transportation to place trail signs designed in conjunction with the Department of Economic Development; to provide for certain immunities; 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 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the "Georgia Film and Television Trail Act"; to provide for a short title; to provide for definitions; to provide for a purpose; to provide for the Department of Economic Development to plan and develop the trail; to provide for policies; to provide for the Department of Transportation to place trail signs designed in conjunction with the Department of Economic Development; to provide for certain immunities; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
TUESDAY, MARCH 22, 2016
3095
Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by adding a new article to read as follows:
"ARTICLE 9
50-7-110. This article shall be known and may be cited as the 'Georgia Film and Television Trail Act.'
50-7-111. In order to acknowledge the increasing production of films and television in this state, in order to promote the enjoyment and appreciation of the film and television industry in Georgia, and in order to provide public interest and enjoyment in visiting and viewing the location sites of films and television productions made in Georgia, a trail shall be developed to provide an opportunity for the public to be aware of these locations and visit film and television location sites throughout this state. Therefore, the purpose of this article is to provide for a Georgia Film and Television Trail.
50-7-112. As used in this article, the term 'trail' means the Georgia Film and Television Trail provided for in this article.
50-7-113. The Department of Economic Development shall have the responsibility of creating and developing a Georgia Film and Television Trail. In carrying out such responsibilities, it shall be the duty of the department to identify and plan the trail, to acquire or otherwise gain control over or rights to the use of the necessary land for the signs to identify the locations of certain film and television productions that the department determines are of interest to the general public and to work with the Department of Transportation to design appropriate signs. For the purpose of carrying out its primary duties as provided in this article, the department shall be authorized to exercise any powers heretofore provided by law for the department, except for the powers of eminent domain.
50-7-114. The department shall be guided by the following policies in creating and administering the Georgia Film and Television Trail:
(1) A balanced system of locations throughout the state should be sought; (2) Assistance and encouragement should be provided for local governments in the development of the trail; (3) The advice, cooperation, and assistance of other state agencies, local governments and agencies thereof, and private associations and organizations should be sought in developing and maintaining the signs;
3096
JOURNAL OF THE HOUSE
(4) The trail should be planned, constructed, and maintained on a long-term basis, and in connection therewith long-term control of the signs and marking of the trail; and (5) A program for the publicity and education of the public on the existence of the trail should be established.
50-7-115. (a) The Department of Transportation is authorized and directed to place signs in this state at film and television production sites determined by the Department of Economic Development and approved by the Department of Transportation pursuant to this article. (b) Nothing contained in this Code section shall be deemed or construed to prevent local governing authorities or private associations and organizations from placing signs or otherwise indicating the location of the film or television production sites in this state, provided that the power of eminent domain shall not be exercised for the acquisition or construction of such signs for film or television production location sites. (c) Notwithstanding the provisions of any other statute concerning the improvement of land held in fee simple by the State of Georgia, the Department of Transportation shall be authorized to expend state funds, subject to appropriations, for construction, placement, and maintenance of the signs indicating the film or television production locations designated by the department and may through purchase, easement, lease, or donation.
50-7-116. (a) Any person who goes upon or through the premises, including, but not limited to, lands, waters, and private ways, of another with or without permission to sightsee, or for any other purpose, without the payment of monetary consideration, or with the payment of monetary consideration directly or indirectly on his or her behalf by an agency of the state or federal government, is not thereby entitled to any assurance that the premises are safe for such purpose. The owner of such premises does not assume responsibility for or incur liability for any injury to person or property caused by an act or failure to act of other persons using such premises. (b) Nothing in this Code section shall be construed as affecting the existing case law of Georgia regarding liability of owners or possessors of premises with respect to business invitees in commercial establishments or to invited guests, nor shall this Code section be construed so as to affect the attractive nuisance doctrine. In addition, nothing in this Code section shall excuse the owner or occupant of premises from liability for injury to persons or property caused by the malicious or illegal acts of the owner or occupant.
50-7-117. The Department of Economic Development is authorized to adopt and promulgate such rules and regulations as may be necessary to carry out this article."
TUESDAY, MARCH 22, 2016
3097
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 substitute to SB 417 (LC 37 2224S) by replacing line 1 with the following: To amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to revise the per diem and transportation costs received by members of boards whose membership is elected wholly by votes of the members of the House of Representatives and Senate; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the
By inserting between lines 10 and 11 the following: Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursement for members of certain board and commissions, is amended by deleting paragraph (6) of subsection (a) and designating such paragraph as reserved and adding a new subsection to read as follows:
"(a.1) Each member of any state board whose membership is elected wholly by votes of the members of the House of Representatives and Senate shall receive the same per diem and transportation costs as that received by a member of the General Assembly for each day of actual attendance at meetings of such board and the committee meetings of such boards."
SECTION 2.
By redesignating Section 2 as Section 3.
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:
Abrams Y Alexander N Allison Y Atwood Y Ballinger
N Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
3098
JOURNAL OF THE HOUSE
N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D
Casas Y Chandler Y Cheokas
Clark, D N Clark, H
Clark, V Y Coleman
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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo
McCall E McClain Y Meadows
Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 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 E Williams, E N Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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.
TUESDAY, MARCH 22, 2016
3099
The following Committee substitute was read and adopted:
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 maintain policies for granting academic credit to students for college level learning acquired prior to enrollment from military service; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, is amended by adding a new Code section to read as follows:
"20-4-38. The State Board of the Technical College System of Georgia shall maintain a policy by which institutions of the Technical College System of Georgia shall grant academic credit to active duty military or veteran students for college level learning acquired prior to enrollment from military service; provided, however, that the training and experience obtained through such military service shall be substantially related to the coursework for which any such academic credit is granted."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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 E Stephenson Y Stovall Y Stover Y Strickland
3100
JOURNAL OF THE HOUSE
Y Benton Beskin
Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D
Casas Y Chandler Y Cheokas
Clark, D Y Clark, H
Clark, V Y Coleman
Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo
McCall E McClain Y Meadows
Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 271. By Senators Burke of the 11th, Kirk of the 13th and Watson of the 1st:
A BILL to be entitled an Act to amend Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination and treatment for mental illness, so as to provide for reasonable standards for providing patients and their representatives notice of their rights upon each such patient's admission to an emergency receiving facility; to provide for procedure for continued involuntary hospitalization of a mentally ill patient when a discharge has been planned and is deemed unsafe; to change the time frame for certain notices related to the procedure for continued involuntary hospitalization; to provide for a reasonable standard for diligent efforts to secure the names of a mental patient's representatives; 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:
TUESDAY, MARCH 22, 2016
3101
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D
Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H
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
Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
On the passage of the Bill, the ayes were 161, nays 7.
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R E Stephenson Y Stovall 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 E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
The Bill, having received the requisite constitutional majority, was passed.
SB 230. By Senators Hufstetler of the 52nd, Unterman of the 45th, Burke of the 11th and Watson of the 1st:
A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the enactment of the "Uniform Emergency Volunteer Health Practitioners Act"; to provide for related matters; to repeal conflicting laws; and for other purposes.
3102
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H
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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 N 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 Y Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 164, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
SB 329. By Senators Tippins of the 37th, Jones of the 25th, Ginn of the 47th and Orrock of the 36th:
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
TUESDAY, MARCH 22, 2016
3103
Education Act," so as to expand provisions relating to awarding of high school diplomas based on certain dual credit coursework; to provide that students who earn high school diplomas based on postsecondary coursework meet the rigor requirements for HOPE scholarships; 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish
Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
3104
JOURNAL OF THE HOUSE
SB 420. By Senators Tippins of the 37th, Hill of the 32nd, Unterman of the 45th, Jones of the 25th and Thompson of the 14th:
A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require referendum approval prior to the expenditure of public funds for the establishment of a fixed guideway transit; to provide for definitions; to provide for submission of the question to qualified voters; to provide for ballot language; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representatives Setzler of the 35th et al. offer the following amendment:
Amend SB 420 (SB 420/CSFA/1) by deleting lines 73 through 79 and inserting in lieu thereof the following:
of 1965,' for which any referendum required under such Act shall control, or to any project within a county or between counties which have approved such sales and use tax, provided that such project is wholly within the territorial boundaries of such county or counties.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce
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 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
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 Y Thomas, A.M.
TUESDAY, MARCH 22, 2016
3105
E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ehrhart Y England Y Epps N Evans Y Fleming E Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon
Gravley Y Greene
Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Thomas, E N Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, as amended, the ayes were 163, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Coomer of the 14th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
SB 389. By Senators Hill of the 6th, Williams of the 19th, Hill of the 32nd and Williams of the 27th:
A BILL to be entitled an Act to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to temporary assistance for needy families, so as to provide for an exception to lifetime maximum assistance; to revise provisions regarding rules and regulations; to provide for a cash diversion program; to provide for intervention for a recipient who fails to comply with the work activity requirement; to revise penalties for noncompliance; 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 Senate were taken up for consideration and read the third time:
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:
3106
JOURNAL OF THE HOUSE
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.
The following Committee substitute was read and adopted:
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 any domestic dog that is registered with the American Kennel Club or United Kennel Club as a sporting breed group dog, hound breed group dog, or nonsporting breed group dog or that is of a breed used in the lawful pursuit of hunting in this state pursuant to Title 27, that is used during an established hunting season to aid an individual to pursue or hunt wildlife, and whose owner or other member of the household has a hunting permit from the Department of Natural Resources shall be classified as a hunting dog, and the owner of any such dog shall receive the same registration, licensing, or permitting fee from any local government as is available to owners of dogs which have been spayed or neutered; 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 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to dogs, is amended by adding a new Code section to read as follows:
"4-8-1.2. Any domestic dog that is registered with the American Kennel Club or United Kennel Club as a sporting breed group dog, hound breed group dog, or nonsporting breed group dog or that is of a breed used in the lawful pursuit of hunting in this state pursuant to Title 27, that is used during an established hunting season to aid an individual to pursue or hunt wildlife, and whose owner or other member of the household has a hunting permit from the Department of Natural Resources shall be classified as a hunting dog, and the owner of any such dog shall receive the same registration, licensing, or permitting fee from any local government as is available to owners of dogs which have been spayed or neutered. Nothing in this Code section shall affect the ability of local governments to deal with vicious dogs, abandoned dogs, or stray dogs."
TUESDAY, MARCH 22, 2016
3107
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison N Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague
Belton N Bennett, K N Bennett, T E Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson N Carter, A Y Carter, D N Casas
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 N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum N Efstration Y Ehrhart Y England Y Epps N Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L N Jones, S N Jordan Y Kaiser Y Kelley N Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin N Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott E Setzler N Sharper Y Shaw Y Sims
N Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. N Thomas, E Y Trammell Y Turner N Waites Y Watson Y Welch E Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 125, nays 41.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
3108
JOURNAL OF THE HOUSE
SB 275. By Senators Williams of the 27th, Ligon, Jr. of the 3rd, Burke of the 11th, Gooch of the 51st, Martin of the 9th and others:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that the governing body of any county, consolidated government, or municipality; local board of education; or any other governmental entity shall not adopt or maintain any policy, rule, or other provision that has the effect of preventing the free exercise of the right of freedom of speech by the members of the governing body and the ability of members of the governing body to discuss freely the policies and actions of such entity; 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 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 a local board of education shall not adopt or follow any code of ethics which prevents the members of the board from discussing freely the policies and actions of such board outside of a board meeting; 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. 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 revising Code Section 36-80-1, which was previously reserved, as follows:
"36-80-1. A local board of education shall not adopt or follow any code of ethics which prevents the members of such board from discussing freely the policies and actions of such board outside of a board meeting. This Code section shall not apply to any matter or matters discussed in executive session as defined in subsection (a) of Code Section 5014-1 or which are exempt from disclosure under Code Section 50-18-72. Reserved."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
TUESDAY, MARCH 22, 2016
3109
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas
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 N Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd N Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick N Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L N Jones, S N Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall E McClain Y Meadows
Y Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott E Setzler Y Sharper Y 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 N 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 N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 138, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
3110
JOURNAL OF THE HOUSE
SB 346. By Senators Beach of the 21st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 12-16-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Environmental Policy Act," so as to exempt projects for the construction or improvement of public roads from environmental effects reports in certain instances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 16 of Title 12 of the Official Code of Georgia Annotated, the "Environmental Policy Act," so as to exempt certain projects for the construction or improvement of public roads or airports from environmental evaluation and environmental effects reports in certain instances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 16 of Title 12 of the Official Code of Georgia Annotated, the "Environmental Policy Act," is amended by adding a new Code section to read as follows:
"12-16-9. When a project of a department, municipality, county, or authority to construct or improve a public road or airport does not exceed $100 million in costs, such project shall not constitute a proposed governmental action which may significantly adversely affect the quality of the environment and the requirements of this article shall not be applicable, except that an environmental evaluation shall be considered in the decisionmaking process, consistent with paragraph (3) of Code Section 12-16-2, when it is probable to expect significant adverse impact on historical sites or buildings and cultural resources."
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.
TUESDAY, MARCH 22, 2016
3111
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 Atwood N Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K N Bennett, T E Bentley Y Benton N Beskin Y Beverly N Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D N 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 N Drenner Y Dudgeon Y Dukes N 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 N Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 N Teasley
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 Y Williams, A N Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 146, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 383. By Senators Ginn of the 47th, Mullis of the 53rd, Black of the 8th, Williams of the 27th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the O.C.G.A., relating to the regulation of maintenance and use of public roads, so as to provide for the purpose of the Roadside Enhancement and Beautification
3112
JOURNAL OF THE HOUSE
Council; to provide for the issuance of permits for the removal or trimming of vegetation on state rights of way when such vegetation obstructs the target viewing zone of a building, sign, or structure upon commercial property; to provide for procedures, conditions, and limitations for the issuance of such permits; to provide for the department to set standards for applications and fees for such permits; to prohibit the removal or certain types of vegetation; 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 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of signs and signals within the state highway system, so as to remove the requirement of a five-year waiting period prior to application of a tree trimming permit; to allow agritourism facilities to obtain tree trimming permits for advertising signs; 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 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of signs and signals within the state highway system, is amended in Code Section 32-6-75.3, relating to application for tree trimming permits and annual renewal, forms, fees, evaluation, and criteria for trimming trees and vegetation, by revising subsection (b) as follows:
"(b)(1) So as to promote these objectives and in accordance with the provisions of this Code section, the commissioner shall provide by rule or regulation for the issuance and annual renewal of permits for the trimming and removal of trees and other vegetation on the state rights of way within viewing zones with respect to outdoor advertising signs legally erected and legally maintained adjacent to said rights of way. Such rules and regulations shall include, without limitation, standards for survival of vegetation trimmed or planted.
(2) So as to ensure that no vegetation maintenance permits are issued for the purpose of creating new outdoor advertising signs, no owner of outdoor advertising signs permitted or assigned a working number by the department after December 31, 2010, or such owner's agent, shall be eligible to make application for vegetation maintenance for a period of five years from the date a new sign is permitted."
TUESDAY, MARCH 22, 2016
3113
SECTION 2. Said part is further amended by adding a new Code section to read as follows:
"32-6-75.4. (a) For purposes of this Code section, the term 'agritourism facility' means any operation charging admission for persons to visit, view, or participate in the operation of a farm or dairy farm or production of farm or dairy products for entertainment or educational purposes or any operation selling farm or dairy products to persons who visit such operation. (b) An agritourism facility may apply for and obtain a permit pursuant to Code Section 32-6-75.3 for a lawfully erected outdoor advertising sign promoting such facility, so long as such sign comports with local ordinances."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Smith of the 134th, was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of signs and signals within the state highway system, so as to allow agritourism facilities to obtain tree trimming permits for advertising signs; 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 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of signs and signals within the state highway system, is amended by adding a new Code section to read as follows:
"32-6-75.4. (a) For purposes of this Code section, the term 'agritourism facility' means any operation charging admission for persons to visit, view, or participate in the operation of a farm or dairy farm or production of farm or dairy products for entertainment or educational purposes or any operation selling farm or dairy products to persons who visit such operation. (b) An agritourism facility may apply for and obtain a permit pursuant to Code Section 32-6-75.3 for a lawfully erected outdoor advertising sign promoting such facility, so long as such sign is located on the premises of such facility and comports with local ordinances. The provisions of subsection (b) of Code Section 32-6-75.3 shall not apply to the application for a permit made in accordance with this Code section."
3114
JOURNAL OF THE HOUSE
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, 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T E Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 N Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
TUESDAY, MARCH 22, 2016
3115
The following Resolutions of the House were read and adopted:
HR 1796. By Representative Dudgeon of the 25th:
A RESOLUTION commending and congratulating Jared Bennett; and for other purposes.
HR 1797. By Representatives Dempsey of the 13th, Smith of the 70th, Cooper of the 43rd, Howard of the 124th, Hawkins of the 27th and others:
A RESOLUTION recognizing June 20, 2016, as Diabetic Peripheral Neuropathy Alert Day at the capitol; and for other purposes.
HR 1798. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Ms. Sarah Darville, Unity Christian School's 2016 STAR Teacher; and for other purposes.
HR 1799. By Representative Rice of the 95th:
A RESOLUTION honoring Jen and Jason Blakey on the grand occasion of their eighteenth wedding anniversary; and for other purposes.
HR 1800. By Representatives Wilkerson of the 38th, Evans of the 42nd, Smith of the 41st, Thomas of the 39th and Bruce of the 61st:
A RESOLUTION recognizing and commending Miss Cobb County 2016, Brooke Doss; and for other purposes.
HR 1801. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Daniel Lovell, Pepperell High School and Floyd County Schools System's 2016 STAR Student; and for other purposes.
HR 1802. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Emma Duke, Unity Christian School's 2016 STAR Student; and for other purposes.
3116
JOURNAL OF THE HOUSE
HR 1803. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Mr. Jonathan Ingram, the 2016 STAR Teacher for Pepperell High School and the Floyd County School System; and for other purposes.
HR 1804. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Ms. Robina Gallagher, Armuchee High School's 2016 STAR Teacher; and for other purposes.
HR 1805. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Allison Phillips, Armuchee High School's 2016 STAR Student; and for other purposes.
HR 1806. By Representatives Wilkerson of the 38th, Smith of the 41st, Evans of the 42nd, Thomas of the 39th and Bruce of the 61st:
A RESOLUTION congratulating the McEachern Lady Indians basketball team on winning the Class AAAAAA State Championship; and for other purposes
HR 1807. By Representatives Wilkerson of the 38th, Evans of the 42nd, Smith of the 41st, Thomas of the 39th, Ehrhart of the 36th and others:
A RESOLUTION recognizing and commending Joyce McMurrain; and for other purposes.
HR 1808. By Representatives Williams of the 168th, Hugley of the 136th, Smyre of the 135th and Randall of the 142nd:
A RESOLUTION commending Ms. Helen Way Scott; and for other purposes.
HR 1809. By Representatives Thomas of the 56th, Jones of the 53rd, Jones of the 62nd, McClain of the 100th and Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Judge Patsy Y. Porter; and for other purposes.
TUESDAY, MARCH 22, 2016
3117
HR 1810. By Representative Rice of the 95th:
A RESOLUTION honoring and congratulating Georgia and Dan Rice on the occasion of their 25th wedding anniversary; and for other purposes.
HR 1811. By Representatives Thomas of the 56th, Beasley-Teague of the 65th and Bruce of the 61st:
A RESOLUTION recognizing and honoring Brenda Joyce Davenport; and for other purposes.
HR 1812. By Representatives Thomas of the 56th, Metze of the 55th, Dukes of the 154th, Beasley-Teague of the 65th and Bruce of the 61st:
A RESOLUTION recognizing and commending Ms. Zelda Kennedy; and for other purposes.
HR 1813. By Representatives Burns of the 159th, Tankersley of the 160th and Parrish of the 158th:
A RESOLUTION commending Sheriff Lynn Anderson and congratulating him on the grand occasion of his retirement; and for other purposes.
HR 1814. 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 recognizing and commending Dr. Marvin Crumbs; and for other purposes.
HR 1815. 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 honoring the life and memory of Alice Mae Smith Wells; and for other purposes.
HR 1816. By Representative Stephens of the 164th:
A RESOLUTION recognizing and commending EarthArtist Studios Master Plan; and for other purposes.
HR 1817. By Representatives Deffenbaugh of the 1st, Tarvin of the 2nd, Tanner of the 9th, Kaiser of the 59th, Price of the 48th and others:
3118
JOURNAL OF THE HOUSE
A RESOLUTION commending and congratulating Brandon Cody Franklin; and for other purposes.
HR 1818. By Representatives Hugley of the 136th, Abrams of the 89th, Mitchell of the 88th, Gardner of the 57th, Wilkerson of the 38th and others:
A RESOLUTION recognizing and commending Representative Margaret Kaiser; and for other purposes.
HR 1819. By Representative Drenner of the 85th:
A RESOLUTION commending the American Society for Public Administration and recognizing the 2017 Annual Conference in Atlanta; and for other purposes.
HR 1820. By Representatives Ballinger of the 23rd, Dempsey of the 13th, Parrish of the 158th and Cooper of the 43rd:
A RESOLUTION encouraging health care professionals to educate caregivers on ways to reduce infant sleep related deaths; and for other purposes.
HR 1821. By Representative Chandler of the 105th:
A RESOLUTION commending John Golden, Grayson High School's 2016 STAR Student; and for other purposes.
HR 1822. By Representatives Thomas of the 56th, Metze of the 55th, Thomas of the 39th and Bruce of the 61st:
A RESOLUTION recognizing and commending D. Makeda Johnson; and for other purposes.
HR 1823. By Representatives Thomas of the 56th, Alexander of the 66th, Carter of the 92nd, Bennett of the 94th, Beasley-Teague of the 65th and others:
A RESOLUTION recognizing and commending Mr. James L. Virgil; and for other purposes.
HR 1824. By Representatives Thomas of the 56th, Metze of the 55th, Williams of the 168th, Bruce of the 61st, Carter of the 92nd and others:
TUESDAY, MARCH 22, 2016
3119
A RESOLUTION recognizing and commending Reverend Dr. Cameron Madison Alexander; and for other purposes.
HR 1825. By Representatives Hugley of the 136th, Abrams of the 89th, Fludd of the 64th, Mitchell of the 88th, Gardner of the 57th and others:
A RESOLUTION recognizing and commending Representative LaDawn "LBJ" Blackett Jones; and for other purposes.
HR 1826. By Representatives Thomas of the 56th, Metze of the 55th, Dawkins-Haigler of the 91st, Smyre of the 135th, Bennett of the 94th and others:
A RESOLUTION recognizing and commending Bishop Preston W. Williams II; and for other purposes.
HR 1827. By Representatives Thomas of the 56th, Fludd of the 64th, Beasley-Teague of the 65th, Carter of the 92nd, Waites of the 60th and others:
A RESOLUTION recognizing and commending Reverend Albert Eugene Love; and for other purposes.
HR 1828. By Representatives Thomas of the 56th and Thomas of the 39th:
A RESOLUTION recognizing and honoring Ms. Nobantu AnKoanda; and for other purposes.
HR 1829. By Representative Chandler of the 105th:
A RESOLUTION recognizing and commending Mrs. Cindy Rose; and for other purposes.
HR 1830. By Representative Gravley of the 67th:
A RESOLUTION recognizing and commending Soldiers' Angels of Georgia; and for other purposes.
HR 1831. By Representatives Hugley of the 136th, Abrams of the 89th, Mitchell of the 88th, Gardner of the 57th, Wilkerson of the 38th and others:
A RESOLUTION recognizing and commending Representative Ronnie Mabra, Jr.; and for other purposes.
3120
JOURNAL OF THE HOUSE
HR 1832. By Representatives Hugley of the 136th, Abrams of the 89th, Mitchell of the 88th, Gardner of the 57th, Wilkerson of the 38th and others:
A RESOLUTION recognizing and commending Representative Hugh Floyd; and for other purposes.
HR 1833. By Representatives Ramsey of the 72nd and Teasley of the 37th:
A RESOLUTION recognizing and honoring Lani DeMello for her outstanding feats at the Down Syndrome International Gymnastics World Championships; and for other purposes.
HR 1834. By Representatives Hugley of the 136th, Abrams of the 89th, Mitchell of the 88th, Gardner of the 57th, Wilkerson of the 38th and others:
A RESOLUTION recognizing and commending Representative Dorothea "Dee" Dawkins-Haigler; and for other purposes.
HR 1835. By Representative Williamson of the 115th:
A RESOLUTION recognizing and congratulating Susan and Steve Brown on being nominated for the Georgia Downtown Association Volunteers of the Year by Monroe Downtown; and for other purposes.
HR 1836. By Representative Dudgeon of the 25th:
A RESOLUTION commending and congratulating Dillon Hemphill; and for other purposes.
HR 1837. By Representative Dudgeon of the 25th:
A RESOLUTION commending and congratulating Ethan Light; and for other purposes.
HR 1838. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending James Lambert; and for other purposes.
HR 1839. By Representative Kelley of the 16th:
A RESOLUTION commending Logan Brookshire, Rockmart High School's 2016 STAR Student; and for other purposes.
TUESDAY, MARCH 22, 2016
3121
HR 1840. By Representative Kelley of the 16th:
A RESOLUTION commending Holly Robinson, Cedartown High School's 2016 STAR Student; and for other purposes.
HR 1841. By Representatives Tanner of the 9th and Ralston of the 7th:
A RESOLUTION commending Sarah Tinsley, Dawson County High School's 2016 STAR Student; and for other purposes.
HR 1842. By Representative Jackson of the 128th:
A RESOLUTION honoring the life and memory of Mr. Johnny Harris; and for other purposes.
HR 1843. By Representative Ralston of the 7th:
A RESOLUTION commending Sandra H. Mercier; and for other purposes.
HR 1844. By Representatives Hugley of the 136th, Abrams of the 89th, Mitchell of the 88th, Gardner of the 57th, Wilkerson of the 38th and others:
A RESOLUTION recognizing and commending Representative Nikki Randall; and for other purposes.
HR 1845. By Representatives Martin of the 49th, Jones of the 47th, Raffensperger of the 50th, Price of the 48th, Wilkinson of the 52nd and others:
A RESOLUTION congratulating the Milton girls lacrosse team on winning the State Championship; and for other purposes.
HR 1846. By Representative Tanner of the 9th:
A RESOLUTION commending Sarah Adams, Lumpkin County High School's 2016 STAR Student; and for other purposes.
HR 1847. By Representatives Willard of the 51st, Golick of the 40th, Caldwell of the 131st, Powell of the 171st, Oliver of the 82nd and others:
A RESOLUTION congratulating Mr. Charles C. Olson upon the grand occasion of his retirement; and for other purposes.
3122
JOURNAL OF THE HOUSE
HR 1848. By Representatives Hugley of the 136th, Abrams of the 89th, Mitchell of the 88th, Gardner of the 57th, Wilkerson of the 38th and others:
A RESOLUTION recognizing and commending Representative Virgil Fludd; and for other purposes.
HR 1849. By Representative Drenner of the 85th:
A RESOLUTION recognizing and commending Ms. Ann Brown; and for other purposes.
HR 1850. By Representatives England of the 116th, Quick of the 117th, Williams of the 119th, Beskin of the 54th, Kidd of the 145th and others:
A RESOLUTION recognizing and commending Mission Dawgs; and for other purposes.
HR 1851. By Representative Tanner of the 9th:
A RESOLUTION recognizing and commending Dr. Larry Anderson, D.O.; and for other purposes.
HR 1852. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION congratulating the Commerce High School competitive cheerleading team on winning the GHSA Class A state championship; and for other purposes.
HR 1853. By Representatives Mabra of the 63rd, Ralston of the 7th, Smyre of the 135th and Abrams of the 89th:
A RESOLUTION recognizing Ronald "Remiii" Edwin Mabra III; and for other purposes.
HR 1854. By Representatives Thomas of the 56th, Beasley-Teague of the 65th, Jones of the 53rd and McClain of the 100th:
A RESOLUTION recognizing and commending Emma Jean Davis; and for other purposes.
HR 1855. By Representatives Smyre of the 135th, Abrams of the 89th, Hugley of the 136th, Randall of the 142nd, Bennett of the 94th and others:
TUESDAY, MARCH 22, 2016
3123
A RESOLUTION commending Jones Worley Design, Inc., recognizing the President and CEO, Cynthia Jones Parks, and honoring the company's 26th anniversary in business; and for other purposes.
The Speaker announced the House in recess until 2:00 o'clock, this afternoon.
3124
JOURNAL OF THE HOUSE
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 substitute, by the requisite constitutional majority, the following bill of the House:
HB 205. By Representatives Rice of the 95th and Petrea of the 166th:
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 installation of ignition interlock devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 1
Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 134th
Chairman
TUESDAY, MARCH 22, 2016
3125
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1612 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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 304 Do Pass, by Substitute
Respectfully submitted, /s/ Golick of the 40th
Chairman
The following Resolutions of the House were read and adopted:
HR 1856. By Representative Rice of the 95th:
A RESOLUTION honoring Elizabeth and Jeff McLendon upon the grand occasion of their 27th wedding anniversary; and for other purposes.
HR 1857. By Representative Rice of the 95th:
A RESOLUTION honoring Debbie and Les Schneider upon their 35th wedding anniversary; and for other purposes.
3126
JOURNAL OF THE HOUSE
HR 1858. By Representative Tanner of the 9th:
A RESOLUTION recognizing the West Lady Wolverines basketball team; and for other purposes.
HR 1859. By Representative Glanton of the 75th:
A RESOLUTION recognizing and commending Dr. Shonda Moody Shaw; and for other purposes.
HR 1860. By Representatives Clark of the 147th, Blackmon of the 146th, Harden of the 148th, Dickey of the 140th and Epps of the 144th:
A RESOLUTION honoring and commending Coach Bryan Way on the grand occasion of his retirement; 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:
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.
HB 959. By Representatives Beskin of the 54th, Dudgeon of the 25th, Coleman of the 97th, Nix of the 69th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update and clarify certain provisions relating to K-12 education; to revise a provision relating to conflicts of interest of local board of education members; to provide that students who earn certain grades in dual enrollment courses in core subjects are exempt from taking end-of-course assessments for such courses; to authorize the sharing of data for certain program evaluation purposes; to provide for an annual review of tuition for the Georgia Virtual School; to
TUESDAY, MARCH 22, 2016
3127
eliminate a restriction on the Office of Student Achievement's authority to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 792. By Representatives Brockway of the 102nd, Pak of the 108th, Quick of the 117th, Cooke of the 18th, Ballinger of the 23rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying, possession, and use of electroshock weapons by persons who are students or who are employed at a public institution of postsecondary education; to provide for a definition; to provide for conditions; 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 941. By Representatives Golick of the 40th, Atwood of the 179th, Pak of the 108th and Abrams of the 89th:
A BILL to be entitled an Act to amend Chapter 12 of Title 15, Chapter 7 of Title 17, and Chapter 11 of Title 45 of the O.C.G.A., relating to juries, pretrial proceedings, and miscellaneous offenses concerning public officers and employees, respectively, so as to provide for procedure for review of incidents involving a peace officer's use of deadly force that results in death or serious bodily injury; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1060. By Representatives Jasperse of the 11th, Meadows of the 5th, Powell of the 32nd, Ballinger of the 23rd, Hightower of the 68th and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to carrying and possession of firearms; to amend Article 3 of Chapter 5 of Title 17 of the O.C.G.A., relating to disposition of property seized; to amend Code Section 35-3-34 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System; to amend Chapter 1 of
3128
JOURNAL OF THE HOUSE
Title 51 of the O.C.G.A., relating to general provisions regarding torts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SR 954. By Senators Jeffares of the 17th, Jones of the 25th, Kennedy of the 18th, Kirk of the 13th, Bethel of the 54th and others:
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 Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; 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 Bartow, Brooks, Bulloch, Carroll, Chatham, Columbia, Colquitt, Coweta, DeKalb, Dougherty, Emanuel, Gordon, Henry, Lowndes, Marion, Murray, Paulding, Stewart, Sumter, Ware, and Whitfield; 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 Bartow, Brooks, Bulloch, Carroll, Chatham, Columbia, Colquitt, Coweta, DeKalb, Dougherty, Emanuel, Gordon, Henry, Lowndes, Marion, Murray, Paulding, Stewart, Sumter, Ware, and Whitfield; and
WHEREAS, the Department of Transportation; Excelsior Electric Membership Corporation; Flint Electric Membership Corporation; Georgia Power Company; Snapping Shoals Electric Membership Corporation; Sabal Trail Transmission, LLC (Sabal Trail); and Transcontinental Gas Pipe Line Company, LLC 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
TUESDAY, MARCH 22, 2016
3129
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 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.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1209th District, G.M., City of Statesboro, Bulloch County, Georgia, commonly known as Ogeechee Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated August 6, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground distribution lines and associated equipment to serve the new natural resources building (TCSG-269) at Ogeechee Technical College. The easement area is located in Bulloch County, and is more particularly described as follows:
That approximately 1.7 acres, lying and being in the 1209th District, G.M., City of Statesboro, Bulloch County, Georgia, and that portion only as shown on a drawing furnished by the Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 3. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground distribution lines and associated equipment.
SECTION 4. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said distribution lines and associated equipment.
3130
JOURNAL OF THE HOUSE
SECTION 5. 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 6. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that 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 without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 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.
TUESDAY, MARCH 22, 2016
3131
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 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, 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 interests of the State of Georgia.
SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Bulloch 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 Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 14.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the 6th District, G.M., City of Savannah, Chatham County, Georgia, commonly known as Wormsloe Historic Site, and that the property is in the custody of the Department of Natural Resources, which by official action dated January 29, 2016, did not object to the granting of an easement and that, in all matters relating to the easement, 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 to construct, install, operate, and maintain underground distribution lines and associated equipment, together with the right of ingress and egress over the above-described
3132
JOURNAL OF THE HOUSE
property owned by the State of Georgia to serve structures of the University of Georgia. The easement area is located in Chatham County, and is more particularly described as follows:
That approximately 3.256 acres, lying and being in the 6th District, G.M., City of Savannah, Chatham County, Georgia, and that portion only as shown on a drawing furnished by the Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 16. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground distribution lines, and associated equipment.
SECTION 17. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said distribution lines and associated equipment.
SECTION 18. 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 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
TUESDAY, MARCH 22, 2016
3133
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 without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 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, 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 interests of the State of Georgia.
SECTION 24. 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.
3134
JOURNAL OF THE HOUSE
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 becomes effective.
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 1285th District, G.M., City of Grovetown, Columbia County, Georgia, commonly known as Augusta Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated April 2, 2015, did not object to the granting of an easement and that, in all matters relating to the easement, 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, operate, and maintain underground distribution lines and associated equipment, together with the right of ingress and egress over the above-described property owned by the State of Georgia to serve an outdoor electronic sign at Augusta Technical College. The easement area is located in Columbia County and is more particularly described as follows:
That approximately .1 acre, lying and being in the 1285th District, G.M., City of Grovetown, Columbia 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 constructing, installing, operating, and maintaining underground distribution lines and associated equipment.
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
TUESDAY, MARCH 22, 2016
3135
the proper construction, 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 any 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 without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 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
3136
JOURNAL OF THE HOUSE
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 Columbia County and a recorded copy shall promptly be 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 becomes effective.
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 real property lying and being in Land Lot 252, 15th Land District, City of Decatur, DeKalb County, Georgia, commonly known as Georgia National Guard Decatur Armory (Decatur Armory), and that the property is in the custody of the Department of Defense, which by official action dated September 10, 2012, did not object to the granting of this easement and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
TUESDAY, MARCH 22, 2016
3137
SECTION 41. 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, operate, and maintain underground transmission lines and associated equipment to serve new facilities of the Decatur Armory. The easement area is located in DeKalb County, and is more particularly described as follows:
That approximately .04 acres, lying and being in the Land Lot 252, 15th Land District, City of Decatur, DeKalb County, Georgia, and that portion only as shown on a drawing furnished by the Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 42. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground transmission lines and associated equipment.
SECTION 43. 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, operation, and maintenance of said transmission lines and associated equipment.
SECTION 44. 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 associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 45. 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.
3138
JOURNAL OF THE HOUSE
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 Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 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 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 interests of the State of Georgia.
TUESDAY, MARCH 22, 2016
3139
SECTION 50. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb 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 Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect 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 the 1560th District, G.M., City of Twin City, Emanuel County, Georgia, commonly known as George L. Smith State Park, and that the property is in the custody of the Department of Natural Resources, which by official action dated September 23, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, 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 Excelsior Electric Membership Corporation (Excelsior), or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain transmission lines and associated equipment to serve new group shelters at George L. Smith State Park. The easement area is located in Emanuel County, and is more particularly described as follows:
That approximately .16 acres, lying and being in the 1560th District, G.M., City of Twin City, Emanuel County, Georgia, and that portion only as shown on a drawing furnished by Excelsior, 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 constructing, installing, operating, and maintaining transmission lines and associated equipment.
3140
JOURNAL OF THE HOUSE
SECTION 56. That Excelsior 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, operation, and maintenance of said transmission lines and associated equipment.
SECTION 57. That, after Excelsior 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, Excelsior, 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 58. That no title shall be conveyed to Excelsior and, except as herein specifically granted to Excelsior, 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 Excelsior.
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 Excelsior shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Excelsior provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 60. That the easement granted to Excelsior shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best
TUESDAY, MARCH 22, 2016
3141
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 Emanuel 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 Excelsior shall expire three years after the date that this resolution becomes effective.
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 Land Lots 148 and 149, 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 and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.
3142
JOURNAL OF THE HOUSE
SECTION 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Department of Transportation, or its successors and assigns, a nonexclusive easement area 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. The easement area is located in Gordon County and is more particularly described as follows:
That approximately 0.12 acre, lying and being in Land Lots 148 and 149, 15th District, Gordon County, Georgia (Parcel 168-A), and that portion only as shown on a drawing furnished by the 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 68. That the above-described premises shall be used solely for the purpose of a road widening project and the construction and maintenance of a bridge in the easement area.
SECTION 69. That the Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction of the bridge and road widening project.
SECTION 70. That, after the Department of Transportation has put into use the easement area, 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 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 easement area shall become the property of the State of Georgia, or its successors and assigns.
SECTION 71. That no title shall be conveyed to the Department of Transportation and, except as herein specifically granted to the 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 Department of Transportation.
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
TUESDAY, MARCH 22, 2016
3143
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 Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, the Department of Transportation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 the 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 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 interests of the State of Georgia.
SECTION 76. 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.
3144
JOURNAL OF THE HOUSE
SECTION 77. That the authorization in this resolution to grant the above-described easement to the Department of Transportation shall expire three years after the date that this resolution becomes effective.
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 Land Lot 136, 7th Land District, City of McDonough, Henry County, Georgia, commonly known as Southern Crescent Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated May 3, 2012, did not object to the granting of this easement and that, in all matters relating to the easement, 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 Snapping Shoals Electric Membership Corporation (SSEMC), or its successors and assigns, a nonexclusive easement for the construction, installation, operation, and maintenance of distribution lines and associated equipment to serve the new Henry County campus of Southern Crescent Technical College (TCSG-248). The easement area is located in Henry County and is more particularly described as follows:
That approximately 1.51 acres, lying and being in Land Lot 136, 7th Land District, Henry County, Georgia, and that portion only as shown on a drawing furnished by SSEMC, 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 purpose of constructing, installing, operating, and maintaining underground distribution lines and associated equipment.
SECTION 82. That SSEMC 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, operation, and maintenance of said distribution lines and associated equipment.
TUESDAY, MARCH 22, 2016
3145
SECTION 83. That, after SSEMC 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, SSEMC, 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 84. That no title shall be conveyed to SSEMC and, except as herein specifically granted to SSEMC, 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 SSEMC.
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 SSEMC shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, SSEMC provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 SSEMC 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.
3146
JOURNAL OF THE HOUSE
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, 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 interests of the State of Georgia.
SECTION 89. That this grant of easement shall be recorded by the grantee in the Superior Court of Henry 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 SSEMC shall expire three years after the date that this resolution becomes effective.
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 96, 11th Land District, Marion County, Georgia, commonly known as the Chattahoochee Fall Line Wildlife Management Area, and that the property is in the custody of the Department of Natural Resources, which by official action does not object to the granting of this easement and that, in all matters relating to the easement, 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 Flint Electric Membership Corporation (Flint Energies), or its successors and assigns, a nonexclusive easement for the construction, installation, operation, and maintenance of underground distribution lines and associated equipment to serve a new
TUESDAY, MARCH 22, 2016
3147
building at the Chattahoochee Fall Line Wildlife Management Area. The easement area is located in Marion County and is more particularly described as follows:
That approximately .03 acres, lying and being in Land Lot 96, 11th Land District, Marion County, Georgia, and that portion only as shown on a drawing furnished by Flint Energies, 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 purpose of constructing, installing, operating, and maintaining underground distribution lines and associated equipment.
SECTION 95. That Flint Energies 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, operation, and maintenance of said distribution lines and associated equipment.
SECTION 96. That, after Flint Energies 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, Flint Energies, 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.
SECTION 97. That no title shall be conveyed to Flint Energies and, except as herein specifically granted to Flint Energies, 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 Energies.
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 shall in its discretion determine to be in the best interest of the State of Georgia, and Flint Energies shall remove or relocate its facilities to the alternate easement area at its sole
3148
JOURNAL OF THE HOUSE
cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Flint Energies provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 Flint Energies 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 interests of the State of Georgia.
SECTION 102. That this grant of easement shall be recorded by the grantee in the Superior Court of Marion County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 103. That the authorization in this resolution to grant the above-described easement to Flint Energies shall expire three years after the date that this resolution becomes effective.
SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
TUESDAY, MARCH 22, 2016
3149
ARTICLE IX SECTION 105.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 81, 27th Land District, Sumter County, Georgia, commonly known as South Georgia Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated June 4, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, 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 the Department of Transportation, or its successors and assigns, a nonexclusive easement for the construction of a storm water drainage system and road improvement project. The easement area is located at the South Georgia Technical College and is more particularly described as follows:
That approximately 0.25 acre, lying and being in Land Lot 81, 27th Land District, Sumter County, Georgia, and that portion only as shown on a drawing furnished by the Department of Transportation (PI 0011438), 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 construction of a storm water drainage system and road improvement project.
SECTION 108. That the Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction of the drainage system and road improvement project.
SECTION 109. That, after the Department of Transportation has put into use the drainage system and road 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 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 drainage system and road shall become the property of the State of Georgia, or its successors and assigns.
3150
JOURNAL OF THE HOUSE
SECTION 110. That no title shall be conveyed to the Department of Transportation and, except as herein specifically granted to the 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 Department of Transportation.
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 the Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, the Department of Transportation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 the 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 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 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.
TUESDAY, MARCH 22, 2016
3151
SECTION 114. That the consideration for such easement shall be $7,000.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 115. That this grant of easement shall be recorded by the grantee in the Superior Court of Sumter 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 the Department of Transportation shall expire three years after the date that this resolution becomes effective.
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 105, City of Waycross, Ware County, Georgia, commonly known as the Laura S. Walker State Park, and that the property is in the custody of the Department of Natural Resources, which by official action dated April 22, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, 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 for the construction, installation, operation, and maintenance of underground distribution lines and associated equipment to serve six new cabins at Laura S. Walker State Park. The easement area is located in Ware County, and is more particularly described as follows:
That approximately 0.3 acre, lying and being in Land Lot 105, City of Waycross, Ware 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.
3152
JOURNAL OF THE HOUSE
SECTION 120. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining underground 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, operation, and maintenance of said distribution lines and associated equipment.
SECTION 122. 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 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 without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. Upon written request from the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a
TUESDAY, MARCH 22, 2016
3153
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 interests of the State of Georgia.
SECTION 128. That this grant of easement shall be recorded by the grantee in the Superior Court of Ware County and a recorded copy shall promptly be 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 becomes effective.
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.
3154
JOURNAL OF THE HOUSE
That the State of Georgia is the owner of the hereinafter described real property lying and being in Brooks, Colquitt, Dougherty, Lowndes, and Stewart Counties, and that the property is in the custody of the Department of Natural Resources, which by official action dated September 23, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, 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 Sabal Trail, or its successors and assigns, a nonexclusive easement for the construction, installation, operation, and maintenance of a natural gas pipeline and associated equipment under and over land and navigable waters of the state. The easement area is located in Brooks, Colquitt, Dougherty, Lowndes, and Stewart Counties and is more particularly described as follows:
That approximately 0.03 of an acre lying and being in Land Lot 203, 12th District, Brooks and Lowndes County, 0.03 of an acre lying and being in Land Lots 242 and 382, 22nd and 382nd District, Colquitt County, 0.08 of an acre, lying and being in Land Lots 274 and 315, 1st District, Dougherty County, 0.13 of an acre, lying and being in Land Lot 311, 22nd District, Stewart County, and that portion only as shown on the Sabal Trail 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 133. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining a natural gas pipeline and associated equipment.
SECTION 134. That Sabal Trail 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, operation, and maintenance of said pipeline and associated equipment.
SECTION 135. That, after Sabal Trail has put into use the pipeline 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, Sabal Trail, 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 and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
TUESDAY, MARCH 22, 2016
3155
SECTION 136. That no title shall be conveyed to Sabal Trail and, except as herein specifically granted to Sabal Trail, 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 Sabal Trail.
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 Sabal Trail shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, Sabal Trail provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 Sabal Trail 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, 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.
3156
JOURNAL OF THE HOUSE
SECTION 140. That the consideration for such easement shall be for 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 interests of the State of Georgia.
SECTION 141. That this grant of easement shall be recorded by the grantee in the Superior Courts of Brooks, Colquitt, Dougherty, Lowndes, and Stewart Counties and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 142. That the authorization in this resolution to grant the above-described easement to Sabal Trail shall expire three years after the date that this resolution becomes effective.
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 Bartow, Carroll, Coweta, Gordon, Murray, Paulding, and Whitfield Counties, and that the property is in the custody of the Department of Natural Resources, which by official action dated December 1, 2015, did not object to the granting of this easement and that, in all matters relating to the easement, 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 Transcontinental Gas Pipe Line Company, LLC (Transco), or its successors and assigns, a nonexclusive easement for the construction, installation, operation, and maintenance of a natural gas pipeline and associated equipment under and over land and navigable waters of the state. The easement area is located in Bartow, Carroll, Coweta, Gordon, Murray, Paulding, and Whitfield Counties and is more particularly described as follows:
That approximately 0.69 acres, lying and being in Land Lots 193, 960, and 961, 17th, 3rd, and 4th Districts, 3rd Section, Bartow County; 0.33 acres lying and being in Land Lots 73 and 214, 3rd and 4th Districts, Carroll and Coweta Counties; 0.22 acres, lying and being in Land Lot 144, 7th District, 3rd Section, Gordon County; 0.26 acres, lying and being in Land Lot 102, 8th District, 3rd Section, Murray County; 1.1 acres, lying and being in Land Lots 20 and 21, 13th District, 3rd Section, Murray and Whitfield Counties; and 10.47 acres, lying and being in Land Lots 1, 2, 3, 1010, 1078, 1079,
TUESDAY, MARCH 22, 2016
3157
1080, 1081, 1082, 1083, 1084, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1222, 1223, 1224, 1225, 1226, 1227, 1294, 1295, 1296, 1115, 1116, 1117, 1118, 1119, 1120, 1184, 1185, 1186, 1188, 1189, 1190, 1191, 1192, 1193, 1257, 1258, 1259, 1260, 1261, and 1262, 2nd, 3rd, 18th, and 19th Districts, 3rd Section, Paulding County as shown on a Transco 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 146. That the above-described premises shall be used solely for the purpose of constructing, installing, operating, and maintaining a natural gas pipeline and associated equipment.
SECTION 147. That Transco 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, operation, and maintenance of said pipeline and associated equipment.
SECTION 148. That, after Transco has put into use the pipeline 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, Transco, 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 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 Transco and, except as herein specifically granted to Transco, 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 Transco.
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 Transco shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any
3158
JOURNAL OF THE HOUSE
construction being commenced, Transco provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia. 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 151. That the easement granted to Transco 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 the consideration for such easement shall be for 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 interests of the State of Georgia.
SECTION 154. That this grant of easement shall be recorded by the grantee in the Superior Courts of Bartow, Carroll, Coweta, Gordon, Murray, Paulding, and Whitfield Counties and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 155. That the authorization in this resolution to grant the above-described easement to Transco shall expire three years after the date that this resolution becomes effective.
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.
TUESDAY, MARCH 22, 2016
3159
ARTICLE XIII SECTION 157.
That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.
SECTION 158. That all laws and parts of laws in conflict with this resolution are repealed.
The report of the Committee, which was favorable to the passage of the Bill, 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 Atwood N Ballinger N Barr
Battles N Beasley-Teague E Belton N Bennett, K N Bennett, T N Bentley Y Benton Y Beskin
Beverly E Blackmon N Broadrick N Brockway N Bruce E Bryant N Buckner N Burns N Caldwell, J N Caldwell, M
Cannon N Cantrell Y Carson Y Carter, A N Carter, D N Casas Y Chandler Y Cheokas N Clark, D N Clark, H N Clark, V N Coleman
N Cooke Y Coomer N Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh N Dempsey N Dickerson Y Dickey N Dickson N Dollar N Douglas N Drenner N Dudgeon N Dukes Y Dunahoo N Duncan
Ealum N Efstration N Ehrhart Y England Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner N Gasaway N Gilligan N Glanton N Golick N Gordon N Gravley N Greene
N Harden N Harrell Y Hatchett
Hawkins N Henson N Hightower N Hitchens N Holcomb Y Holmes N Houston N Howard N Hugley N Jackson N Jasperse
Jones, J N Jones, J.B. N Jones, L N Jones, S N Jordan N Kaiser N Kelley N Kendrick N Kidd N Kirby N Knight Y LaRiccia N Lott N Lumsden N Mabra N Marin Y Martin Y Maxwell E Mayo N McCall E McClain E Meadows
N Metze N Mitchell N Morris N Mosby Y Nimmer N Nix N Oliver N Pak N Parrish Y Parsons Y Peake N Petrea N Pezold N Pirkle N Powell, A N Powell, J N Price N Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey N Randall N Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge N Rynders N Scott N Setzler N Sharper N Shaw Y Sims
N Smith, E N Smith, L N Smith, M N Smith, R
Smyre N Spencer
Stephens, M Stephens, R N Stephenson N Stovall N Stover N Strickland N Tankersley N Tanner N Tarvin N Taylor, D Y Taylor, T N Teasley N Thomas, A.M. N Thomas, E N Trammell N Turner Waites N Watson Y Welch N Weldon N Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A N Williams, C E Williams, E N Williamson N Yates Ralston, Speaker
3160
JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, the ayes were 34, nays 128.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Coomer of the 14th moved that the House reconsider its action in failing to give the requisite constitutional majority to SR 954.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger N Barr
Battles N Beasley-Teague E Belton N Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly E Blackmon N Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd N Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett
Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain E Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle N Powell, A Y Powell, J Y Price N Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 N Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M
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 E Williams, E Y Williamson N Yates
Ralston, Speaker
On the motion, the ayes were 146, nays 17.
The motion prevailed.
The following communication was received:
TUESDAY, MARCH 22, 2016
3161
House of Representatives Coverdell Legislative Office Building, Room 512
Atlanta, Georgia 30334
To Whom It May Concern,
I would like the record to show that in regards to SR 954, I rep Park Cannon would have voted No.
I would further like for the record to show that in regards to the reconsideration of Senate Resolution 954 that I, Park Cannon would also have voted No.
State Representative Park Cannon House District 58 Tuesday, March 22nd 2016 3:30 pm /s/ Park Cannon
Representative Coomer of the 14th moved that SR 954 be recommitted to the Committee on Rules.
The motion prevailed.
The Speaker announced the House in recess until 4:15 o'clock, this afternoon.
The House stood at ease until 4:40 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 substitute, by the requisite constitutional majority, the following bills of the House:
HB 769. By Representatives Hawkins of the 27th, Rogers of the 29th, Houston of the 170th, Dunahoo of the 30th, Jones of the 167th 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 make permanent an exemption from ad valorem taxation
3162
JOURNAL OF THE HOUSE
for certain watercraft held in inventory for sale or resale; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 874. By Representatives Reeves of the 34th, Golick of the 40th, Efstration of the 104th, Strickland of the 111th, Ramsey of the 72nd and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 11 of Title 15, Title 16, Chapter 4 of Title 24, and Code Section 42-5-18 of the O.C.G.A., relating to access to hearings and records, crimes and offenses, relevant evidence and its limits, and items prohibited for possession by inmates, respectively, so as to improve the ability to prosecute street gang terrorism; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 949. By Representatives Powell of the 32nd, Tarvin of the 2nd, Jasperse of the 11th, Lumsden of the 12th and Epps of the 144th:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, and Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to revise a definition; to revise provisions of law relating to government purchasing cards and government credit cards; to provide for the issuance of government purchasing cards and government credit cards; to provide for the conditions for such issuance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 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
TUESDAY, MARCH 22, 2016
3163
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.
HB 943. By Representatives Rogers of the 29th, Pak of the 108th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to provide for additional limitations on indemnification and duty to defend clauses which are void and unenforceable in contracts for engineering or architectural services; to provide for exceptions; 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 22, 2016
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
Modified Structured Rule
SB 1 SB 168 SB 199 SB 258
SB 270
SB 319
Insurance; provide for certain insurance coverage for autism spectrum disorders (Substitute)(Ins-Blackmon-146th) Bethel-54th State Symbols; designate the Old Governor's Mansion as the official state historic house (Judy-Kidd-145th) Jones-25th (Substitute LC 40 1194S) Elections; provide for a definition; prohibit certain activities within close proximity to polling places (Substitute)(GAff-Gravley-67th) Jeffares-17th Ad Valorem Tax; provide the assessed value of property shall not be increased beyond the initial assessment value (Substitute) (W&M-Duncan-26th) Millar-40th Firearms; authorize qualified retired law enforcement officers to carry handgun anywhere within this state (Substitute)(PS&HS-Jasperse-11th) Martin-9th (AM 41 0211)(AM 41 0207) Professional Counseling; revise the definition (Substitute) (RegI-Chandler-105th) Jackson-2nd (AM 33 1644)
3164
JOURNAL OF THE HOUSE
SB 320 SB 323 SB 327 SB 332 SB 348 SB 388
Driver's License; revise exemptions afforded to nonresidents issued to them in in home state/country (Substitute)(PS&HS-Powell-32nd) Watson-1st (AM 41 0200) State Printing and Documents; public disclosure not be required for any documents pertaining to economic development project (GAff-Dickey-140th) Dugan-30th (AM 25 1383) State Purchasing; prohibit the state from entering into certain contracts unless such contracts contain a certification; does not presently conduct a boycott of Israel (Substitute)(SProp-Clark-98th) Hill-32nd Public Order and Safety; clarify the judges and justices who are exempt; various weapon carry laws and prohibitions (Substitute) (PS&HS-Clark-147th) Kennedy-18th Education; provide for colleges and career academies as charter school or schools within a strategic waivers school system (Ed-Dudgeon-25th) Tippins-37th Bona Fide Coin Operated Amusement Machine; prohibit the removal of a sticker without authorization (Substitute)(RegI-Powell-32nd) Lucas-26th
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
Representative Powell of the 32nd moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
SB 388. By Senator Lucas of the 26th:
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 prohibit the removal of a sticker without authorization; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 920. By Representatives Kelley of the 16th, Powell of the 171st, Fleming of the 121st, Petrea of the 166th and Cooper of the 43rd:
TUESDAY, MARCH 22, 2016
3165
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to restrict civil actions against passive investors in nursing homes and intermediate care homes; to provide for definitions; to provide for procedure; to provide for insurance or self-insurance trusts as a condition precedent to obtaining or maintaining a permit to operate a nursing home or intermediate care home; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to restrict civil actions against certain parties involved in nursing homes and intermediate care homes; to provide for definitions; to provide for procedure; to provide for insurance or self-insurance trusts as a condition precedent to obtaining or maintaining a permit to operate a nursing home or intermediate care home; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding two new Code sections to read as follows:
"31-7-3.3. (a) As used in this Code section, the term 'excluded party' means a person or entity that neither performs, has the duty to perform, nor controls the performance of any of the following functions at or on behalf of a nursing home or intermediate care home where alleged injuries occurred:
(1) Providing management, operation, or administrative services for such home; (2) Hiring or firing of the administrator, director of nursing, or other staff working at such home; (3) Setting or controlling the budget of such home; (4) Staffing or determining the level of staff at such home; (5) Providing direct care, treatment, or services to the residents of such home; (6) Making decisions regarding the care, treatment, or services provided to residents at such home; or (7) Adopting, implementing, or enforcing the policies and procedures for such home.
3166
JOURNAL OF THE HOUSE
(b) Except as otherwise provided by law, the mere ownership of an entity shall not, by itself, create the duty to perform the functions listed in subsection (a) of this Code section. (c) An excluded party shall not be named in a civil action that alleges their direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title. (d) Any person or entity named as a defendant in a civil action or arbitration, who claims to be an excluded party, may serve a notice of such claim upon the plaintiff. Such notice shall be sent to counsel for the plaintiff by certified mail, return receipt requested, or, if the plaintiff does not have an attorney, to the plaintiff personally via certified mail, return receipt requested. Such notice shall be served after the discovery period begins under applicable law for the case but not later than 30 days after such discovery period begins. (e) If, after the expiration of 90 days from the date the notice described in subsection (d) of this Code section is received, the plaintiff does not agree to a dismissal without prejudice of such defendant claiming to be an excluded party, and:
(1) The court later determines that there is no genuine issue of material fact as to whether such defendant is an excluded party, grants summary judgment to such defendant as to this issue, and such order becomes final after any appeal; or (2) If an arbitrator enters judgment for such defendant as to this issue and determines that there was not a good faith basis in law and fact for the plaintiff's claim that such defendant was not an excluded party and such order becomes final after any appeal, then such finding by an arbitrator or final judgment by a court shall be deemed a finding that the plaintiff's claim against such defendant was substantially frivolous, substantially groundless, or substantially vexatious. Upon such a final judgment or finding, such excluded party shall be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation upon the filing of a motion. The court or arbitrator shall award only such reasonable and necessary attorneys' fees and expenses of litigation as the court or arbitrator determines were related to the defense of only such excluded party and not to the defense of other defendants in such action, unless otherwise authorized by law. Such attorneys' fees and expenses so awarded shall be assessed against the party asserting such claim, or against such party's attorney, or against both in such manner as is just. (f) In the event that the plaintiff prevails on any claim against a defendant claiming to be an excluded party and if the court or an arbitrator determines that there was not a good faith basis in law and fact for the defendant's claim that such defendant was an excluded party, and such order becomes final after appeal, then such judgment by a court or arbitrator shall be deemed a finding that the contention by such defendant that it was an excluded party was substantially frivolous, substantially groundless, or substantially vexatious. Upon such a final judgment or finding, the plaintiff shall be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation upon the filing of a motion. The court or arbitrator shall award only such
TUESDAY, MARCH 22, 2016
3167
reasonable and necessary attorneys' fees and expenses of litigation that were incurred in the pursuit of the action against the defendant claiming to be an excluded party, and the plaintiff shall not be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation that were incurred in the pursuit of the action against other defendants, unless otherwise authorized by law. Such attorneys' fees and expenses so awarded shall be assessed against the party asserting such claim, or against such party's attorney, or against both in such manner as is just. (g) Notwithstanding Code Section 51-7-85, subsections (e) and (f) of this Code section shall be in addition to and shall not limit a party's right to pursue a recovery pursuant to Code Section 9-15-14 or Article 5 of Chapter 7 of Title 51. (h) The time period set forth in subsection (e) of this Code section may be extended by agreement of the parties or by order of the court; provided, however, that if during such time period any party files a motion to stay the case or a motion to compel arbitration, such time period shall be extended for 30 days following the date the court rules on such motion; and provided, further, that if any party files a motion to compel discovery, such period shall be extended until 30 days following the date that the party complies with the court's order to produce discovery, whichever is later. (i) A defendant which is a licensee shall not identify an excluded party as a potentially at-fault nonparty for purposes of apportionment under Code Section 51-12-33, unless such nonparty has entered into a settlement agreement with the plaintiff or claimant.
31-7-3.4. (a) As used in this Code section, the term 'nursing home claim' means a claim alleging direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title.
(b)(1) As a condition precedent to obtaining or maintaining a permit under this article to operate a nursing home or intermediate care home, a licensee shall carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim. (2) If a licensee fails to carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim, the department shall provide notice to such licensee of its noncompliance and allow such licensee 60 days in which to comply. A licensee's failure to maintain such coverage or establish such trust shall result in the department:
(A) Revoking such licensee's permit issued pursuant to this article to operate the nursing home or intermediate care home; (B) Denying any application to renew such permit; and (C) Denying any application for a change of ownership of the nursing home or intermediate care home."
3168
JOURNAL OF THE HOUSE
SECTION 2. This Act shall become effective on July 1, 2016, and shall apply to any claim filed on or after July 1, 2016.
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 920.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton
Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
Beverly Y Blackmon
Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson
Carter, A Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
E Cooke Y Coomer Y Cooper Y Corbett
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
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
Fludd Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Harrell
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley N Jackson
Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper
Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
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
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 E Williams, E
Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 147, nays 5.
TUESDAY, MARCH 22, 2016
3169
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 751. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; 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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 751
The Committee of Conference on HB 751 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 751 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bill Cowsert Senator, 46th District
/s/ Jon Burns Representative, 159th District
/s/ Jack Hill Senator, 4th District
/s/ Terry England Representative, 116th District
/s/ David Shafer Senator, 48th District
/s/ Jan Jones Representative, 47th District
3170
JOURNAL OF THE HOUSE
CONF CMTE A BILL TO BE ENTITLED
AN ACT
To make and provide appropriations for the State Fiscal Year beginning July 1, 2016, and ending June 30, 2017; 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, 2016, and ending June 30, 2017, as prescribed hereinafter for such fiscal year:
Total Funds
$47,506,543,287
Federal Funds and Grants
$13,681,479,298
CCDF Mandatory and Matching Funds (CFDA 93.596)
$97,827,249
Child Care and Development Block Grant (CFDA 93.575)
$127,917,722
Community Mental Health Services Block Grant (CFDA 93.958)
$14,163,709
Community Service Block Grant (CFDA 93.569)
$16,735,414
Federal Highway Administration Highway Planning and Construction (CFDA $1,526,296,548
20.205)
Foster Care Title IV-E (CFDA 93.658)
$93,370,209
Low-Income Home Energy Assistance (CFDA 93.568)
$56,629,642
Maternal and Child Health Services Block Grant (CFDA 93.994)
$16,884,236
Medical Assistance Program (CFDA 93.778)
$6,970,587,041
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$47,733,582
Preventive Health and Health Services Block Grant (CFDA 93.991)
$2,403,579
Social Services Block Grant (CFDA 93.667)
$93,257,165
State Children's Insurance Program (CFDA 93.767)
$458,302,666
TANF Transfers to Social Services Block Grant (CFDA 93.558)
$7,649,069
Temporary Assistance for Needy Families Block Grant (CFDA 93.558)
$346,585,599
Federal Funds Not Specifically Identified
$3,805,135,868
Federal Recovery Funds
$88,453,853
Federal Recovery Funds Not Specifically Identified
$88,453,853
Other Funds
$6,162,398,689
Agency Funds
$3,425,988,989
Indigent Care Trust Fund - Public Hospital Authorities
$139,386,524
TUESDAY, MARCH 22, 2016
Other Funds - Not Specifically Identified 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
3171
$408,103,764 $606,000
$2,188,313,412 $23,739,409,078
$1,325,935 $283,993,012 $1,073,563,561 $1,660,064,000 $167,969,114 $20,428,002,694 $124,490,762 $3,834,802,369 $3,294,877,137 $280,857,262 $42,907,037 $56,903,535 $159,257,398
Section 1: Georgia Senate Total Funds State Funds State General Funds
$11,002,593 $11,002,593 $11,002,593
1.1. Lieutenant Governor's Office
Total Funds
$1,307,892
State Funds
$1,307,892
State General Funds
$1,307,892
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 76) as amended
$1,278,792
$1,278,792
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$28,693
$28,693
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$407
$407
Amount appropriated in this Act
$1,307,892
$1,307,892
3172
JOURNAL OF THE HOUSE
1.2. Secretary of the Senate's Office
Total Funds
$1,195,975
State Funds
$1,195,975
State General Funds
$1,195,975
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,170,326
$1,170,326
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$25,290
$25,290
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$359
$359
Amount appropriated in this Act
$1,195,975
$1,195,975
1.3. Senate
Total Funds
$7,374,656
State Funds
$7,374,656
State General Funds
$7,374,656
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,228,476
$7,228,476
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$144,133
$144,133
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$2,047
$2,047
Amount appropriated in this Act
$7,374,656
$7,374,656
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
$1,124,070
State Funds
$1,124,070
State General Funds
$1,124,070
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Amount appropriated in this Act
State Funds $1,092,535
$31,093 $442
$1,124,070
Total Funds $1,092,535
$31,093 $442
$1,124,070
3173
Section 2: Georgia House of Representatives Total Funds State Funds State General Funds
$19,361,657 $19,361,657 $19,361,657
2.1. House of Representatives
Total Funds
$19,361,657
State Funds
$19,361,657
State General Funds
$19,361,657
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 76) as amended
$18,967,403
$18,967,403
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$388,481
$388,481
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$5,773
$5,773
Amount appropriated in this Act
$19,361,657
$19,361,657
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
$11,161,451 $11,161,451 $11,161,451
3174
JOURNAL OF THE HOUSE
legislative branch of government.
Total Funds
$6,023,533
State Funds
$6,023,533
State General Funds
$6,023,533
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$5,777,046
$5,777,046
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$45,659
$45,659
Reflect an adjustment in merit system assessments. (CC:Yes)
$828
$828
Provide funds for operations.
$200,000
$200,000
Amount appropriated in this Act
$6,023,533
$6,023,533
3.2. Legislative Fiscal Office
Purpose: The purpose of this appropriation is to act as the bookkeepercomptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments.
Total Funds
$1,320,981
State Funds
$1,320,981
State General Funds
$1,320,981
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,307,716
$1,307,716
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,953
$23,953
Reflect an adjustment in merit system assessments. (CC:Yes)
$435
$435
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($26,275)
($26,275)
Reflect an adjustment in TeamWorks billings.
$11,980
$11,980
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$3,172
$3,172
Amount appropriated in this Act
$1,320,981
$1,320,981
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.
TUESDAY, MARCH 22, 2016
Total Funds
$3,816,937
State Funds
$3,816,937
State General Funds
$3,816,937
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,457,331
$3,457,331
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$353,201
$353,201
Reflect an adjustment in merit system assessments. (CC:Yes)
$6,405
$6,405
Amount appropriated in this Act
$3,816,937
$3,816,937
3175
Section 4: Audits and Accounts, Department of Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
$36,180,303 $35,840,303 $35,840,303
$340,000 $340,000
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
$30,942,338
State Funds
$30,602,338
State General Funds
$30,602,338
Intra-State Government Transfers
$340,000
Other Intra-State Government Payments
$340,000
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 76) as amended
$29,920,865
$30,560,865
3176
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
Redirect existing funds to comply with O.C.G.A. 50-6-6 to perform local education audits. (CC:Yes)
Increase funds in order to conduct the financial audit, Single Audit, and State Health Benefit Plan audit for the Department of Community Health. (CC:Yes; Utilize existing funds to conduct the financial audit, Single Audit, and State Health Benefit Plan audit for the Department of Community Health.)
Reduce other funds to reflect projected receipts.
Amount appropriated in this Act
$682,774 $6,854
($14,633) $6,478 $0 $0
$0 $30,602,338
$682,774 $6,854
($14,633) $6,478 $0 $0
($300,000) $30,942,338
4.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all Department programs.
Total Funds
$2,477,705
State Funds
$2,477,705
State General Funds
$2,477,705
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,380,309
$2,380,309
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$72,000
$72,000
Reflect an adjustment in merit system assessments. (CC:Yes)
$723
$723
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($977)
($977)
Reflect an adjustment in TeamWorks billings.
$500
$500
Reflect an adjustment in payroll shared services billings.
$6,023
$6,023
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$19,127
$19,127
Amount appropriated in this Act
$2,477,705
$2,477,705
TUESDAY, MARCH 22, 2016
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
$256,600
State Funds
$256,600
State General Funds
$256,600
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$252,560
$252,560
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$4,000
$4,000
Reflect an adjustment in merit system assessments. (CC:Yes)
$40
$40
Amount appropriated in this Act
$256,600
$256,600
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
$2,483,660
State Funds
$2,483,660
State General Funds
$2,483,660
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
3177
3178
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
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
State Funds $2,419,862
$64,000
$642 ($1,344)
$500 $2,483,660
Total Funds $2,419,862
$64,000
$642 ($1,344)
$500 $2,483,660
Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$20,538,803 $150,000 $150,000
$20,388,803 $20,388,803
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
$20,538,803
Other Funds
$150,000
Other Funds - Not Specifically Identified
$150,000
State Funds
$20,388,803
State General Funds
$20,388,803
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$17,314,958
$17,464,958
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$385,052
$385,052
Reflect an adjustment in merit system assessments. (CC:Yes)
$6,712
$6,712
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,966)
($3,966)
Reflect an adjustment in TeamWorks billings.
$1,664
$1,664
TUESDAY, MARCH 22, 2016
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Increase funds for personal services and operating expenses for three new judgeships.
Increase funds for a 5% salary adjustment for appellate court judges and 40 days of the adjusted expense allowance ($34,600) for judges residing 50 miles or more from the Judicial Building.
Increase funds to complete conversion of microfilm to searchable PDF format for court records. (CC:Reduce one-time funds for the conversion of microfilm to searchable PDF format for court records.)
Increase funds for one additional procurement and facilities position.
Increase funds to restore two central staff attorney positions.
Increase funds to restore one systems analyst position. (CC:Yes; Increase funds to restore one systems analyst position to provide support for state level courts.)
Increase funds to restore one deputy court administrator/attorney position. (CC:No)
Increase funds for a one-time upgrade of the audiovisual system that supports the courtroom video streaming project. (CC:Yes)
Increase funds to provide live streaming of oral arguments and storage for online viewing. (CC:Yes)
Increase funds to provide a step increase on the attorney salary scale. (CC:No)
Increase funds to share costs for one deputy reporter position and one clerk position with the Supreme Court. (CC:Increase funds to share costs of one assistant reporter position with the Supreme Court.)
Increase funds for a one-time purchase of seven servers.
Increase funds for one-time software costs to update efiling applications and allow judges to access trial court records from tablet devices.
Increase funds to share costs of one editorial assistant position with the Supreme Court.
Amount appropriated in this Act
$9,544
$1,716,617 $130,786
($60,000)
$73,190 $253,231 $114,801
$0 $139,150
$3,500 $0
$78,148
$70,000 $121,100 $34,316 $20,388,803
$9,544
$1,716,617 $130,786
($60,000)
$73,190 $253,231 $114,801
$0 $139,150
$3,500 $0
$78,148
$70,000 $121,100 $34,316 $20,538,803
3179
Section 6: Judicial Council Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds
$17,404,183 $1,627,367 $1,627,367 $1,024,998
$876,093
3180
JOURNAL OF THE HOUSE
Other Funds - Not Specifically Identified State Funds
State General Funds
$148,905 $14,751,818 $14,751,818
6.1. Council of Accountability Court Judges
Purpose: The purpose of this appropriation is to support adult felony drug
courts, DUI courts, juvenile drug courts, family dependency treatment courts,
mental health courts, and veteran's courts, as well as the Council of
Accountability Court Judges. 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
$611,070
State Funds
$611,070
State General Funds
$611,070
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$446,319
$446,319
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$8,026
$8,026
Reflect an adjustment in merit system assessments. (CC:Yes)
$94
$94
Reflect a change in the program purpose statement. (CC:Yes)
$0
$0
Reflect a change in the program name. (CC:Yes)
$0
$0
Transfer funds from the Criminal Justice Coordinating Council for personal services and operating costs to support IT infrastructure, research, case management, and statewide reporting for Council of Accountability Court Judges at the Administrative Office of the Courts pursuant to HB 328 (2015 Session).
$156,631
$156,631
Amount appropriated in this Act
$611,070
$611,070
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
TUESDAY, MARCH 22, 2016
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
$1,218,860
Other Funds
$703,203
Agency Funds
$703,203
State Funds
$515,657
State General Funds
$515,657
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 76) as amended
$471,789
$1,174,992
Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$19,868
$19,868
Increase funds for operations and technology infrastructure and licensing for services provided to multiple classes of court.
$24,000
$24,000
Increase funds for event management software for
$0
$0
training support and services provided to multiple
classes of court. (CC:Yes; Utilize existing funds for
event management software for training support and
services provided to multiple classes of court.)
Increase funds for one electronic media curriculum
$0
$0
designer position to expand delivery of computer-based,
online training for judges. (CC:No)
Amount appropriated in this Act
$515,657
$1,218,860
6.4. Judicial Council
Purpose: The purpose of the appropriation is to support the Administrative Office of the Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, the State Court Judges, and the Georgia Council of Court Administrators; to operate the Child Support E-Filing system, the Child Support Guidelines Commission, and the Commission on Interpreters; and to support the Committee on Justice for Children.
Total Funds
$14,067,214
Federal Funds and Grants
$1,627,367
Federal Funds Not Specifically Identified
$1,627,367
Other Funds
$148,905
Other Funds - Not Specifically Identified
$148,905
State Funds
$12,290,942
State General Funds
$12,290,942
3181
3182
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 76) as amended
$12,178,882
$15,000,722
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$153,733
$153,733
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,795
$1,795
Reflect an adjustment to agency premiums for
($27,510)
($27,510)
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in TeamWorks billings.
($582)
($582)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$4,469
$4,469
Reflect a change in the program purpose statement. (CC:Yes)
$0
$0
Reduce federal and other funds based on projected
$0
($1,045,568)
revenues.
Increase funds for the Cold Case Project to identify
$75,000
$75,000
children most likely to age out of foster care without a family.
Increase funds to create a statewide repository for
$0
$0
Probate Court records and a central point of contact for
retrieving records. (CC:No)
Increase funds for grants for civil legal services to victims of domestic violence.
$193,125
$193,125
Increase funds for the Council of Municipal Court
$0
$0
Judges for publication of standard operating procedures,
continued strategic business and information technology
planning, and executive committee and district representative travel to present low-cost training to judges. (CC:No)
Increase funds for 10 parent accountability court
$0
$0
coordinator positions. (CC:Yes; Reflect in the
Department of Human Services Child Support Services
Program.)
Increase funds to improve and expand training for members of the Georgia Council of Court
$7,500
$7,500
Administrators.
Reduce funds to reflect a change in the employer contribution rate for the Judicial Retirement System
($199,470)
($199,470)
from 12.19% to 10.48%.
Reduce one-time funds for the implementation of a statewide e-filing portal.
($96,000)
($96,000)
Amount appropriated in this Act
$12,290,942
$14,067,214
TUESDAY, MARCH 22, 2016
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
$534,149
State Funds
$534,149
State General Funds
$534,149
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$530,423
$530,423
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$3,683
$3,683
Reflect an adjustment in merit system assessments. (CC:Yes)
$43
$43
Amount appropriated in this Act
$534,149
$534,149
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
3183
Section 7: Juvenile Courts Total Funds 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
$1,591,814
State Funds
$1,591,814
State General Funds
$1,591,814
$7,542,544 $7,542,544 $7,542,544
3184
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 76) as amended
$1,553,655
$2,001,111
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$37,763
$37,763
Reflect an adjustment in merit system assessments. (CC:Yes)
$396
$396
Eliminate federal funds based on projected revenues.
$0
($447,456)
Amount appropriated in this Act
$1,591,814
$1,591,814
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
$5,950,730
State Funds
$5,950,730
State General Funds
$5,950,730
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,053,333
$6,053,333
Increase funds to provide a judicial salary increase. (CC:No)
$0
$0
Reduce funds to reflect a change in the employer contribution rate for the Judicial Retirement System from 12.19% to 10.48%.
($102,603)
($102,603)
Amount appropriated in this Act
$5,950,730
$5,950,730
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
$79,297,984 $77,276,344 $77,276,344 $2,021,640 $2,021,640
TUESDAY, MARCH 22, 2016
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 O.C.G.A. 15-18.
Total Funds
$72,298,642
State Funds
$70,277,002
State General Funds
$70,277,002
Intra-State Government Transfers
$2,021,640
Other Intra-State Government Payments
$2,021,640
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$64,578,481
$66,625,963
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,574,496
$1,574,496
Reflect an adjustment in merit system assessments. (CC:Yes)
$21,897
$21,897
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$167,468
$167,468
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$39,027
$39,027
Increase funds to annualize an increase in the employer's share for district attorneys in the Judicial Retirement System from 6.98% to 12.19%. (CC:Increase funds to reflect an increase in the employer's share for district attorneys in the Judicial Retirement System from 6.98% to 10.48%.)
$188,501
$188,501
Increase funds to annualize accountability court supplements for district attorneys per HB 279 (2015 Session).
$183,642
$183,642
Increase funds to annualize a salary increase for district attorneys per HB 279 (2015 Session).
$219,874
$219,874
Increase funds to annualize an additional assistant district attorney position for the new judgeship in the Western Judicial Circuit.
$78,392
$78,392
Increase funds for personal services for recruitment, retention, and career advancement of assistant district attorneys.
$1,797,059
$1,797,059
Increase funds to provide one additional assistant district attorney for six newly established accountability courts in the following circuits per HB 279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.
$596,211
$596,211
3185
3186
JOURNAL OF THE HOUSE
Increase funds to provide an accountability court supplement for district attorneys for six newly established accountability courts in the following circuits per HB 279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.
Increase funds for 15 assistant district attorney positions to support juvenile courts across the state. (CC:Increase funds for 10 assistant district attorney positions to support juvenile courts across the state and to maintain parity with juvenile public defenders and reflect staggered start dates.)
Reduce other funds to reflect an adjustment to the contract with the Department of Human Services.
Increase funds for an additional assistant district attorney position for the new judgeship in the Clayton Judicial Circuit per HB 804 (2016 Session). (CC:Increase funds for an additional assistant district attorney position for the new judgeship in the Clayton Judicial Circuit per HB 804 (2016 Session) and reflect January 1, 2017 start date.)
Amount appropriated in this Act
$55,829 $727,525
$0 $48,600
$70,277,002
$55,829 $727,525 ($25,842) $48,600
$72,298,642
8.3. Prosecuting Attorney's Council
Purpose: The purpose of this appropriation is to assist Georgia's District
Attorneys and State Court Solicitors.
Total Funds
$6,813,762
State Funds
$6,813,762
State General Funds
$6,813,762
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,531,433
$6,531,433
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$108,726
$108,726
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,512
$1,512
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$9,841
$9,841
Reflect an adjustment in TeamWorks billings.
$21,030
$21,030
Increase funds to reflect a FY 2016 increase in the employer's share for solicitors in the Judicial Retirement System from 6.98% to 12.19%. (CC:Increase funds to reflect an increase in the employer's share for solicitors in the Judicial Retirement System from 6.98% to 10.48%.)
$141,220
$141,220
Amount appropriated in this Act
$6,813,762
$6,813,762
TUESDAY, MARCH 22, 2016
3187
Section 9: Superior Courts Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$72,104,668 $147,000 $147,000
$71,957,668 $71,957,668
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
$1,570,297
Other Funds
$60,000
Other Funds - Not Specifically Identified
$60,000
State Funds
$1,510,297
State General Funds
$1,510,297
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,397,409
$1,457,409
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$38,104
$38,104
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,527
$1,527
Increase funds to restore one accountant position.
$73,257
$73,257
Increase funds to restore one project coordinator position. (CC:No)
$0
$0
Amount appropriated in this Act
$1,510,297
$1,570,297
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
$2,758,039
Other Funds
$87,000
Other Funds - Not Specifically Identified
$87,000
State Funds
$2,671,039
State General Funds
$2,671,039
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
3188
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Increase funds to adjust for rising costs and to support new judgeships and accountability courts. Increase funds to promote recruitment and retention of qualified staff. (CC:No)
Amount appropriated in this Act
State Funds $2,550,051
$64,452
$56,536 $0
$2,671,039
Total Funds $2,637,051
$64,452
$56,536 $0
$2,758,039
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
$67,776,332
State Funds
$67,776,332
State General Funds
$67,776,332
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 76) as amended
$65,136,540
$65,136,540
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$563,062
$563,062
Reflect an adjustment in merit system assessments. (CC:Yes)
$22,559
$22,559
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($46,045)
($46,045)
Reflect an adjustment in TeamWorks billings.
$9,915
$9,915
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$12,294
$12,294
Annualize the cost of the new judgeship in the Western Circuit created in HB 279 (2015 Session).
$277,880
$277,880
Annualize the cost of the judicial salary increase for Superior Court judges provided in HB 279 (2015 Session).
$1,803,647
$1,803,647
Increase funds to provide one additional judgeship in the Clayton Circuit. (CC:Increase funds to provide one additional judgeship in the Clayton Circuit and reflect January 1, 2017 start date.)
$185,253
$185,253
TUESDAY, MARCH 22, 2016
Increase funds to provide supplements to Superior Court judges in nine circuits that created accountability courts. (CC:Increase funds to provide an accountability court supplement for Superior Court judges for six newly established accountability courts in the following circuits per HB 279 (2015 Session): Cordele, Houston, Middle, Paulding, Rome, and Toombs.)
Increase funds to restore four law clerk positions. (CC:Increase funds to restore two law clerk positions.)
Increase funds to provide a salary increase for 22 secretaries. (CC:No)
Reduce funds for one-time equipment costs associated with new judgeships in Coweta and Waycross circuits.
Reduce funds to reflect a change in the employer contribution rate for the Judicial Retirement System from 12.19% to 10.48%. Reduce funds for senior judges. (CC:No)
Amount appropriated in this Act
$175,086
$130,522 $0
($60,500) ($433,881)
$0 $67,776,332
$175,086
$130,522 $0
($60,500) ($433,881)
$0 $67,776,332
3189
Section 10: Supreme Court Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$13,862,483 $1,859,823 $1,859,823 $12,002,660 $12,002,660
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
$13,862,483
Other Funds
$1,859,823
Other Funds - Not Specifically Identified
$1,859,823
State Funds
$12,002,660
State General Funds
$12,002,660
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,312,655
$12,172,478
3190
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Increase funds for annual maintenance costs for trial court records in the case management system.
Increase funds for one systems analyst position. (CC:No)
Increase funds to annualize salary, per diem, and commute mileage increases.
Increase funds to restore one procurement and facilities position. (CC:No)
Increase funds for one administrative assistant position.
Increase funds for one assistant position to support the clerk's office and public affairs office.
Increase funds to provide salary adjustments for law assistants. (CC:No)
Increase funds for continuing professional legal education training. Increase funds for increased security costs. (CC:Provide one-time funds for increased security features.) Increase funds to repair and replace furniture. (CC:No)
Increase funds to share costs of one assistant reporter position with the Court of Appeals.
Increase funds to share costs of one editorial assistant position with the Court of Appeals.
Increase funds for additional real estate rent, IT equipment, supplies, and publication costs.
Provide funds required to implement HB 927, the "Appellate Jurisdiction Reform Act of 2016" (2016 Session).
Amount appropriated in this Act
$199,466
$3,372 ($700)
$1,975 $5,971
$20,000 $0
$63,557 $0
$79,532 $86,395
$0 $4,800 $10,969
$0 $78,148 $34,316 $33,976 $1,068,228
$12,002,660
$199,466
$3,372 ($700)
$1,975 $5,971
$20,000 $0
$63,557 $0
$79,532 $86,395
$0 $4,800 $10,969
$0 $78,148 $34,316 $33,976 $1,068,228
$13,862,483
Section 11: Accounting Office, State Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$30,014,291 $21,406,152 $21,406,152 $7,722,718 $7,722,718
TUESDAY, MARCH 22, 2016
Intra-State Government Transfers Other Intra-State Government Payments
11.1. Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all department programs.
Total Funds
$1,603,202
Other Funds
$1,269,078
Other Funds - Not Specifically Identified
$1,269,078
State Funds
$334,124
State General Funds
$334,124
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 76) as
$0
$0
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$3,460
$3,460
Reflect an adjustment in merit system assessments. (CC:Yes)
$44
$44
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$2,165
$2,165
Transfer funds and associated positions from the State Accounting Office program to establish the new Administration program.
$328,455
$1,597,533
Amount appropriated in this Act
$334,124
$1,603,202
11.2. Financial Systems
Purpose: The purpose of this appropriation is to operate, support, monitor,
and improve the State's enterprise financial accounting, payroll, and human
capital management systems.
Total Funds
$19,372,126
Other Funds
$19,208,126
Other Funds - Not Specifically Identified
$19,208,126
State Funds
$164,000
State General Funds
$164,000
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 76) as
$0
$0
amended
3191
$885,421 $885,421
3192
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Reflect an adjustment in TeamWorks billings.
Transfer funds and associated positions from the State Accounting Office program to establish the new Financial Systems program.
Replace state general funds with other funds for two positions.
Transfer two positions from the Shared Services program and utilize other funds.
Amount appropriated in this Act
$0
$0 $428,306
($264,306) $0
$164,000
$351,354
$797,179 $18,027,923
$0 $195,670 $19,372,126
11.3. Shared Services
Purpose: The purpose of this appropriation is to support client agencies in
processing payroll and other financial transactions and to implement and
support the Statewide Travel Consolidation Program.
Total Funds
$2,539,500
Other Funds
$1,703,357
Other Funds - Not Specifically Identified
$1,703,357
State Funds
$836,143
State General Funds
$836,143
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 76) as
$0
$0
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$41,563
$54,225
Reflect an adjustment in merit system assessments. (CC:Yes)
$524
$524
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,719)
($5,719)
Reflect an adjustment in payroll shared services billings.
$704
$704
Transfer funds and associated positions from the State Accounting Office program to establish the new Shared Services program.
$1,142,654
$2,612,998
Reduce state general funds and transfer two positions to the Financial Systems program.
($195,670)
($195,670)
Replace state general funds with other funds for one
($147,913)
$0
payroll shared services position.
Increase other funds to fill one vacant payroll technician position.
$0
$72,438
Amount appropriated in this Act
$836,143
$2,539,500
11.4. State Accounting Office Purpose: The purpose of this appropriation is to prescribe statewide
TUESDAY, MARCH 22, 2016
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.
Other Funds
($885,421)
Other Funds - Not Specifically Identified
($885,421)
Intra-State Government Transfers
$885,421
Other Intra-State Government Payments
$885,421
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,378,948
$24,828,999
Transfer funds and associated positions to the new Administration program.
($328,455)
($1,597,533)
Transfer funds and associated positions to the new Statewide Accounting and Reporting program.
($2,479,533)
($2,590,545)
Transfer funds and associated positions to the new Financial Systems program.
($428,306)
($18,027,923)
Transfer funds and associated positions to the new Shared Services program.
($1,142,654)
($2,612,998)
Amount appropriated in this Act
$0
$0
11.5. Statewide Accounting and Reporting
Purpose: The purpose of this appropriation is to provide financial reporting,
accounting policy, business process improvement, and compliance with state
and federal fiscal reporting requirements.
Total Funds
$2,667,554
Other Funds
$111,012
Other Funds - Not Specifically Identified
$111,012
State Funds
$2,556,542
State General Funds
$2,556,542
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$76,051
$76,051
Reflect an adjustment in merit system assessments. (CC:Yes)
$958
$958
Transfer funds and associated positions from the State Accounting Office program to establish the new Statewide Accounting and Reporting program.
$2,479,533
$2,590,545
Amount appropriated in this Act
$2,556,542
$2,667,554
3193
3194
JOURNAL OF THE HOUSE
The following appropriations are for agencies attached for administrative purposes.
11.6. 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
$3,032,537
State Funds
$3,032,537
State General Funds
$3,032,537
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 76) as amended
$2,637,624
$2,637,624
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$63,070
$63,070
Reflect an adjustment in merit system assessments. (CC:Yes)
$699
$699
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$331,144
$331,144
Amount appropriated in this Act
$3,032,537
$3,032,537
11.7. 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
$799,372
State Funds
$799,372
State General Funds
$799,372
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$686,972
$686,972
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$36,795
$36,795
Reflect an adjustment in merit system assessments. (CC:Yes)
$605
$605
Increase funds to perform audits of continuing education credits for licensees.
$75,000
$75,000
Amount appropriated in this Act
$799,372
$799,372
TUESDAY, MARCH 22, 2016
3195
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 state agencies the equivalent of .219% of salaries 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.
$202,297,853 $27,655,303 $18,211,925 $9,443,378 $4,544,913 $4,544,913
$170,097,637 $10,840,239
$159,257,398
12.1. 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
12.3. 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
12.4. 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
$1,126,977
Other Funds
$1,126,977
Other Funds - Not Specifically Identified
$1,126,977
12.5. Human Resources Administration Purpose: The purpose of this appropriation is to provide centralized services
3196
JOURNAL OF THE HOUSE
for statewide human resources in support of state agencies, the State Personnel Board, and employees; develop human resource policies, create job descriptions and classification, develop fair and consistent compensation practices, and administer the employee benefits program.
Total Funds
$11,746,956
Other Funds
$906,717
Other Funds - Not Specifically Identified
$906,717
Intra-State Government Transfers
$10,840,239
Other Intra-State Government Payments
$10,840,239
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 76) as amended
$0
$10,840,239
Increase other funds to recognize additional revenue from merit system assessments. (CC:Yes)
$0
$906,717
Amount appropriated in this Act
$0
$11,746,956
12.6. 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
$159,687,398
State Funds
$430,000
State General Funds
$430,000
Intra-State Government Transfers
$159,257,398
Self Insurance Trust Fund Payments
$159,257,398
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$430,000
$162,187,398
Utilize existing funds for the Educators Professional Liability Insurance program. (CC:Yes)
$0
$0
Increase billings for workers' compensation premiums to reflect increase claims expenses.
$0
$2,000,000
Reduce billings for unemployment insurance to reflect reduced claims expenses.
$0
($4,500,000)
Amount appropriated in this Act
$430,000
$159,687,398
TUESDAY, MARCH 22, 2016
12.7. 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
$12,196,233
Other Funds
$12,196,233
Agency Funds
$12,196,233
12.8. 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
$1,643,951
Other Funds
$1,643,951
Other Funds - Not Specifically Identified
$1,643,951
The following appropriations are for agencies attached for administrative purposes.
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.
Total Funds
$4,385,893
Other Funds
$1,300,805
Agency Funds
$1,300,805
State Funds
$3,085,088
State General Funds
$3,085,088
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,007,250
$4,308,055
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$71,914
$71,914
Reflect an adjustment in merit system assessments. (CC:Yes)
$784
$784
3197
3198
JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Amount appropriated in this Act
$3,394 $1,746
$3,085,088
$3,394 $1,746
$4,385,893
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
$4,714,887
Other Funds
$4,714,887
Agency Funds
$4,714,887
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
$990,319
State Funds
$990,319
State General Funds
$990,319
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 76) as amended
$694,197
$694,197
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,074
$5,074
Reflect an adjustment in merit system assessments. (CC:Yes)
$48
$48
Increase funds for flight hour operations.
$291,000
$291,000
Amount appropriated in this Act
$990,319
$990,319
12.12. Payments to Georgia Technology Authority
Purpose: The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services.
Total Funds
$0
TUESDAY, MARCH 22, 2016
3199
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
$56,853,749 $7,196,157 $7,196,157 $1,826,353 $1,826,353 $47,831,239 $47,831,239
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
$3,286,331
State Funds
$3,286,331
State General Funds
$3,286,331
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 76) as amended
$2,996,556
$2,996,556
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$89,775
$89,775
Increase operating funds.
$200,000
$200,000
Amount appropriated in this Act
$3,286,331
$3,286,331
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.
3200
JOURNAL OF THE HOUSE
Total Funds
$34,170,189
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
$27,108,177
State General Funds
$27,108,177
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$26,330,934
$33,392,946
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$629,365
$629,365
Reflect an adjustment in merit system assessments. (CC:Yes)
$3,304
$3,304
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($65,811)
($65,811)
Reflect an adjustment in TeamWorks billings.
$2,441
$2,441
Reflect an adjustment in payroll shared services billings.
$7,944
$7,944
Increase funds for Georgia Agriculture Tax Exemption (GATE) compliance investigators.
$200,000
$200,000
Amount appropriated in this Act
$27,108,177
$34,170,189
13.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$4,821,097
State Funds
$4,821,097
State General Funds
$4,821,097
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,617,804
$4,617,804
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$116,505
$116,505
Reflect an adjustment in merit system assessments. (CC:Yes)
$611
$611
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($8,232)
($8,232)
Reflect an adjustment in TeamWorks billings.
$348
$348
Reflect an adjustment in payroll shared services billings.
$1,030
$1,030
TUESDAY, MARCH 22, 2016
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Increase funds for dog and cat sterilization program supplements. (CC:Provide one-time funds for dog and cat sterilization program supplements.)
Amount appropriated in this Act
$18,031
$75,000 $4,821,097
$18,031
$75,000 $4,821,097
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
$6,400,706
Other Funds
$411,171
Other Funds - Not Specifically Identified
$411,171
State Funds
$5,989,535
State General Funds
$5,989,535
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 76) as amended
$5,893,145
$6,304,316
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$105,219
$105,219
Reflect an adjustment in merit system assessments. (CC:Yes)
$552
$552
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($11,284)
($11,284)
Reflect an adjustment in TeamWorks billings.
$562
$562
Reflect an adjustment in payroll shared services billings.
$1,341
$1,341
Amount appropriated in this Act
$5,989,535
$6,400,706
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
$2,911,399
State Funds
$2,911,399
State General Funds
$2,911,399
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
3201
3202
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended Increase funds for utility costs associated with new lab operations.
Amount appropriated in this Act
State Funds $2,830,399
$81,000
$2,911,399
Total Funds $2,830,399
$81,000
$2,911,399
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
$996,667
State Funds
$996,667
State General Funds
$996,667
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$973,518
$973,518
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,600
$23,600
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($451)
($451)
Amount appropriated in this Act
$996,667
$996,667
13.7. State Soil and Water Conservation Commission
Purpose: The purpose of this appropriation is to protect, conserve, and
improve the soil and water resources of the State of Georgia; 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; inspect, maintain and provide assistance to owners of
USDA flood control structures so that they comply with the state Safe Dams
Act; and to provide funds for planning and research on water management,
erosion and sedimentation control.
Total Funds
$4,267,360
Federal Funds and Grants
$359,145
Federal Funds Not Specifically Identified
$359,145
Other Funds
$1,190,182
Other Funds - Not Specifically Identified
$1,190,182
State Funds
$2,718,033
TUESDAY, MARCH 22, 2016
State General Funds
$2,718,033
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 76) as
$2,670,085
$4,219,412
amended
Reflect an adjustment in merit system assessments. (CC:Yes)
$271
$271
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$49,090
$49,090
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,284)
($5,284)
Reflect an adjustment in TeamWorks billings.
$2,717
$2,717
Provide for an increase in the employer share of the
$1,154
$1,154
Employees' Retirement System contribution rate to
provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Reflect a change in the program purpose statement.
$0
$0
(CC:Yes; The purpose of this appropriation is to
protect, conserve, and improve the soil and water
resources of the State of Georgia; 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;
inspect, maintain and provide assistance to owners of
USDA flood control structures so that they comply with
the state Safe Dams Act; and to provide funds for
planning and research on water management, erosion
and sedimentation control.)
Reduce personal services to reflect operational
$0
$0
efficiencies and eliminate 10 vacant positions. (CC:Eliminate 10 vacant positions.)
Amount appropriated in this Act
$2,718,033
$4,267,360
3203
Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds
14.1. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all department programs.
$12,698,264 $12,698,264 $12,698,264
3204
JOURNAL OF THE HOUSE
Total Funds
$2,624,075
State Funds
$2,624,075
State General Funds
$2,624,075
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,322,612
$2,322,612
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$58,972
$58,972
Reflect an adjustment in merit system assessments. (CC:Yes)
$622
$622
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($522)
($522)
Reflect an adjustment in TeamWorks billings.
$693
$693
Reflect an adjustment in payroll shared services billings.
$257
$257
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$6,441
$6,441
Increase funds for one business analyst ($114,000) and one desktop support technician ($98,000).
$212,000
$212,000
Increase funds for telecommunications expenses associated with the new information technology system.
$23,000
$23,000
Amount appropriated in this Act
$2,624,075
$2,624,075
14.2. 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
$8,004,577
State Funds
$8,004,577
State General Funds
$8,004,577
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,561,890
$7,561,890
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$190,223
$190,223
TUESDAY, MARCH 22, 2016
Reflect an adjustment in merit system assessments. (CC:Yes) Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in payroll shared services billings. Increase funds for personal services for the retention of financial examiners.
Amount appropriated in this Act
$2,007 ($2,836)
$1,363 $251,930 $8,004,577
$2,007 ($2,836)
$1,363 $251,930 $8,004,577
14.3. 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, registration, and notification procedures for non-depository
financial institutions.
Total Funds
$2,069,612
State Funds
$2,069,612
State General Funds
$2,069,612
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,021,188
$2,021,188
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$48,276
$48,276
Reflect an adjustment in merit system assessments. (CC:Yes)
$509
$509
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($716)
($716)
Reflect an adjustment in payroll shared services billings.
$355
$355
Amount appropriated in this Act
$2,069,612
$2,069,612
3205
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
$1,207,537,095 $144,666,334 $14,163,709 $25,361,291 $47,482,075 $40,481,142 $12,096,720 $5,081,397
3206
JOURNAL OF THE HOUSE
Other Funds Agency Funds Other Funds - Not Specifically Identified
State Funds State General Funds Tobacco Settlement Funds
$30,776,453 $23,202,036 $7,574,417 $1,032,094,308 $1,021,839,170 $10,255,138
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
$90,928,897
Federal Funds and Grants
$44,254,231
Medical Assistance Program (CFDA 93.778)
$50,000
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
(CFDA 93.558)
$12,096,720
Other Funds
$434,903
Agency Funds
$434,903
State Funds
$46,239,763
State General Funds
$46,239,763
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 76) as amended
$45,207,774
$89,896,908
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$363,207
$363,207
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,272
$1,272
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($48,470)
($48,470)
Provide one-time funds for the Highland Rivers Health CSB Home Again pilot program to serve residents in region one.
$715,980
$715,980
Amount appropriated in this Act
$46,239,763
$90,928,897
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
TUESDAY, MARCH 22, 2016
line.
Total Funds
$355,318,723
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
$299,377,970
State General Funds
$289,122,832
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 76) as amended
$286,219,960
$342,160,713
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$4,596,844
$4,596,844
Reflect an adjustment in merit system assessments. (CC:Yes)
$7,766
$7,766
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($426,144)
($426,144)
Increase funds for 100 additional slots for the New Options Waiver (NOW).
$1,223,897
$1,223,897
Reduce funds to reflect an increase in Federal Medical
($2,676,130)
Assistance Percentage (FMAP) from 67.55% to 67.89%.
($2,676,130)
Eliminate one-time funds for Georgia Options for the severely disabled.
($150,000)
($150,000)
Provide six months of funding to reflect a provider rate increase for the Comprehensive Supports Waiver Program (COMP).
$11,900,000
$11,900,000
Transfer funds to the Direct Care Support Services program to align with projected expenditures due to the closing of one hospital unit.
($5,400,000)
($5,400,000)
Increase funds for 93 additional direct care staff at the Gracewood Campus in Augusta to remain in compliance with federal guidelines.
$2,843,506
$2,843,506
Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
$1,228,271
$1,228,271
Increase funds for Rockdale Cares.
$10,000
$10,000
Amount appropriated in this Act
$299,377,970
$355,318,723
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.
3207
3208
JOURNAL OF THE HOUSE
Total Funds
$97,364,149
Other Funds
$26,500
Other Funds - Not Specifically Identified
$26,500
State Funds
$97,337,649
State General Funds
$97,337,649
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$91,100,073
$91,126,573
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,517,486
$1,517,486
Reflect an adjustment in merit system assessments. (CC:Yes)
$2,564
$2,564
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($46,673)
($46,673)
Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
$4,764,199
$4,764,199
Amount appropriated in this Act
$97,337,649
$97,364,149
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
$378,203,095
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
$1,090,095
Other Funds - Not Specifically Identified
$1,090,095
State Funds
$365,254,047
State General Funds
$365,254,047
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$351,717,528
$364,666,576
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,858,685
$5,858,685
Reflect an adjustment in merit system assessments. (CC:Yes)
$21,751
$21,751
TUESDAY, MARCH 22, 2016
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Increase funds for one Behavioral Health Crisis Center to provide community-based emergency/urgent mental health services.
Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
Utilize existing Projects for Assistance in Transition from Homelessness (PATH) funds to increase access to supportive housing. (CC:Yes)
Amount appropriated in this Act
($277,135) $5,700,000 $2,233,218
$0 $365,254,047
($277,135) $5,700,000 $2,233,218
$0 $378,203,095
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
$11,236,003
Federal Funds and Grants
$7,928,149
Medical Assistance Program (CFDA 93.778)
$50,000
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$7,878,149
State Funds
$3,307,854
State General Funds
$3,307,854
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,281,399
$11,209,548
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$26,363
$26,363
Reflect an adjustment in merit system assessments. (CC:Yes)
$92
$92
Amount appropriated in this Act
$3,307,854
$11,236,003
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
$12,572,357
Federal Funds and Grants
$3,588,692
Medical Assistance Program (CFDA 93.778)
$3,588,692
State Funds
$8,983,665
State General Funds
$8,983,665
3209
3210
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 76) as amended
$8,840,683
$12,429,375
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$147,262
$147,262
Reflect an adjustment in merit system assessments. (CC:Yes)
$249
$249
Reflect an adjustment to agency premiums for
($4,529)
($4,529)
Department of Administrative Services administered
self insurance programs.
Amount appropriated in this Act
$8,983,665
$12,572,357
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
$6,472,393
State Funds
$6,472,393
State General Funds
$6,472,393
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$5,230,226
$5,230,226
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$42,020
$42,020
Reflect an adjustment in merit system assessments. (CC:Yes)
$147
$147
Provide funds to implement the juvenile code rewrite.
$1,200,000
$1,200,000
Amount appropriated in this Act
$6,472,393
$6,472,393
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
$63,268,961
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
$50,274,665
TUESDAY, MARCH 22, 2016
State General Funds
$50,274,665
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$49,342,643
$62,336,939
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$821,918
$821,918
July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,389
$1,389
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($25,280)
($25,280)
Increase funds to provide for an additional salary
$133,995
$133,995
increase for health aides to address recruitment and
retention issues in the highest turnover job classes.
Amount appropriated in this Act
$50,274,665
$63,268,961
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
$49,644,487
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
$37,906,770
State General Funds
$37,906,770
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$37,465,230
$49,202,947
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$326,958
$326,958
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,511
$1,511
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($165,501)
($165,501)
Reflect an adjustment in TeamWorks billings.
$113,279
$113,279
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an
$165,293
$165,293
3211
3212
JOURNAL OF THE HOUSE
adjustment in the employer share of the Employees' Retirement System.)
Amount appropriated in this Act
$37,906,770
$49,644,487
15.10. Direct Care Support Services
Purpose: The purpose of this appropriation is to operate five state-owned and
operated hospitals.
Total Funds
$129,245,186
Other Funds
$13,573,041
Agency Funds
$9,700,000
Other Funds - Not Specifically Identified
$3,873,041
State Funds
$115,672,145
State General Funds
$115,672,145
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$108,858,524
$122,431,565
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$874,587
$874,587
Reflect an adjustment in merit system assessments. (CC:Yes)
$3,063
$3,063
Increase funds to provide for an additional salary increase for health aides to address recruitment and retention issues in the highest turnover job classes.
$535,971
$535,971
Transfer funds from the Adult Developmental Disabilities Services program to align with projected expenditures due to the closing of one hospital unit.
$5,400,000
$5,400,000
Amount appropriated in this Act
$115,672,145
$129,245,186
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.
Total Funds
$10,232,894
Federal Funds and Grants
$9,996,415
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$9,996,415
State Funds
$236,479
State General Funds
$236,479
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 76) as amended
$234,588
$10,231,003
TUESDAY, MARCH 22, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Reflect an adjustment in merit system assessments. (CC:Yes)
Amount appropriated in this Act
$1,885 $6
$236,479
$1,885 $6
$10,232,894
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
$2,269,863
Federal Funds and Grants
$2,019,042
Federal Funds Not Specifically Identified
$2,019,042
State Funds
$250,821
State General Funds
$250,821
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$244,153
$2,263,195
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$6,668
$6,668
Amount appropriated in this Act
$250,821
$2,269,863
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
$780,087
State Funds
$780,087
State General Funds
$780,087
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$673,381
$673,381
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,859
$16,859
Reflect an adjustment in merit system assessments. (CC:Yes)
$296
$296
3213
3214
JOURNAL OF THE HOUSE
Increase funds for one clinical evaluator. Amount appropriated in this Act
$89,551 $780,087
$89,551 $780,087
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
$281,234,807 $192,544,116 $192,544,116
$16,159,152 $149,849
$16,009,303 $72,531,539 $72,531,539
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
$477,382
Other Funds
$224,020
Other Funds - Not Specifically Identified
$224,020
State Funds
$253,362
State General Funds
$253,362
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$246,966
$470,986
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$6,593
$6,593
Reflect an adjustment in merit system assessments. (CC:Yes)
$53
$53
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($250)
($250)
Amount appropriated in this Act
$253,362
$477,382
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
TUESDAY, MARCH 22, 2016
local governments in completing comprehensive plans for quality growth by
offering mapping and Geographical Information System (GIS) services, online
planning tools, and resource teams, and funding the regional planning efforts
of Regional Commissions; and to provide annexation reports from Georgia
cities to the U.S. Census Bureau.
Total Funds
$4,305,071
Federal Funds and Grants
$242,503
Federal Funds Not Specifically Identified
$242,503
Other Funds
$60,190
Other Funds - Not Specifically Identified
$60,190
State Funds
$4,002,378
State General Funds
$4,002,378
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 76) as amended
$3,773,704
$4,076,397
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$29,434
$29,434
Reflect an adjustment in merit system assessments. (CC:Yes)
$236
$236
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($996)
($996)
Increase funds for environmental projects.
$100,000
$100,000
Provide funds for Coastal Regional Commission of Georgia grants for coastal infrastructure.
$100,000
$100,000
Amount appropriated in this Act
$4,002,378
$4,305,071
16.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$7,572,263
Federal Funds and Grants
$3,348,158
Federal Funds Not Specifically Identified
$3,348,158
Other Funds
$3,313,069
Other Funds - Not Specifically Identified
$3,313,069
State Funds
$911,036
State General Funds
$911,036
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 76) as amended
$1,128,518
$7,789,745
3215
3216
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment in TeamWorks billings.
Reflect an adjustment in payroll shared services billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Transfer funds from the Georgia Advocacy Office contract to the Special Housing Initiatives program for the Home Access initiative.
Amount appropriated in this Act
$1,193 $10
$2,103 $1,124 $2,990
($224,902) $911,036
$1,193 $10
$2,103 $1,124 $2,990
($224,902) $7,572,263
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
$53,519,604
Federal Funds and Grants
$51,572,530
Federal Funds Not Specifically Identified
$51,572,530
Other Funds
$305,415
Other Funds - Not Specifically Identified
$305,415
State Funds
$1,641,659
State General Funds
$1,641,659
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 76) as amended
$1,604,758
$53,482,703
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$38,008
$38,008
Reflect an adjustment in merit system assessments. (CC:Yes)
$304
$304
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,411)
($1,411)
Amount appropriated in this Act
$1,641,659
$53,519,604
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
TUESDAY, MARCH 22, 2016
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
$14,343,460
Federal Funds and Grants
$8,768,721
Federal Funds Not Specifically Identified
$8,768,721
Other Funds
$5,574,739
Other Funds - Not Specifically Identified
$5,574,739
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
$1,379,040
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
$1,082,390
State General Funds
$1,082,390
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,055,291
$1,351,941
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$27,625
$27,625
Reflect an adjustment in merit system assessments. (CC:Yes)
$221
$221
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($747)
($747)
Amount appropriated in this Act
$1,082,390
$1,379,040
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, administering low-interest loans for affordable rental housing, researching affordable housing issues, and providing tenant-based assistance to low-income individuals and families
3217
3218
JOURNAL OF THE HOUSE
allowing them to rent safe, decent, and sanitary dwelling units in the private rental market.
Total Funds
$130,986,993
Federal Funds and Grants
$126,017,466
Federal Funds Not Specifically Identified
$126,017,466
Other Funds
$4,969,527
Other Funds - Not Specifically Identified
$4,969,527
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
$449,439
Other Funds
$42,213
Other Funds - Not Specifically Identified
$42,213
State Funds
$407,226
State General Funds
$407,226
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$396,775
$438,988
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$10,697
$10,697
Reflect an adjustment in merit system assessments. (CC:Yes)
$86
$86
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($332)
($332)
Amount appropriated in this Act
$407,226
$449,439
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
$6,524,904
Federal Funds and Grants
$2,391,738
Federal Funds Not Specifically Identified
$2,391,738
Other Funds
$945,372
Other Funds - Not Specifically Identified
$945,372
State Funds
$3,187,794
TUESDAY, MARCH 22, 2016
State General Funds
$3,187,794
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$2,962,892
$6,300,002
amended
Transfer funds from the Georgia Advocacy Office contract to the Special Housing Initiatives program for
$224,902
$224,902
the Home Access initiative.
Amount appropriated in this Act
$3,187,794
$6,524,904
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
$1,031,728
Other Funds
$149,849
Agency Funds
$149,849
State Funds
$881,879
State General Funds
$881,879
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 76) as amended
$764,225
$914,074
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$18,008
$18,008
Reflect an adjustment in merit system assessments. (CC:Yes)
$144
$144
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($498)
($498)
Increase funds for the Second Harvest of South Georgia food bank to fund a study to maximize distribution of food utilizing existing local resources and available federal dollars. (CC:Provide one-time funding for the Second Harvest of South Georgia to commission a food bank product distribution model that maximizes financial partnerships.)
$25,000
$25,000
Increase funds for Central State Hospital Redevelopment Authority for Environmental Phase I studies.
$75,000
$75,000
Amount appropriated in this Act
$881,879
$1,031,728
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.
3219
3220
JOURNAL OF THE HOUSE
Total Funds
$26,732,535
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
$26,396,948
State General Funds
$26,396,948
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 76) as amended
$26,092,153
$26,427,740
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$4,963
$4,963
Reflect an adjustment in merit system assessments. (CC:Yes)
$40
$40
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($208)
($208)
Increase funds for Regional Economic Business Assistance grants. (CC:No)
$0
$0
Use new and existing funds for small film production business grants.
$300,000
$300,000
Amount appropriated in this Act
$26,396,948
$26,732,535
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
$838,495
State Funds
$838,495
State General Funds
$838,495
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 76) as amended
$983,495
$983,495
Reduce one-time funds for the Metropolitan North Georgia Water Planning District. (CC:Reduce funds and fund the 2017 Metropolitan North Georgia Water Planning contract.)
($250,000)
($250,000)
Increase funds for the Georgia Rural Water Association.
$50,000
$50,000
Increase funds for the grants for Resource Conservation and Development districts.
$55,000
$55,000
Amount appropriated in this Act
$838,495
$838,495
TUESDAY, MARCH 22, 2016
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
$12,928,372
State Funds
$12,928,372
State General Funds
$12,928,372
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$12,881,465
$12,881,465
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$48,430
$48,430
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,004)
($2,004)
Reflect an adjustment in TeamWorks billings.
$481
$481
Amount appropriated in this Act
$12,928,372
$12,928,372
16.14. Payments to OneGeorgia Authority
Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority.
Total Funds
$20,145,521
Other Funds
$145,521
Other Funds - Not Specifically Identified
$145,521
State Funds
$20,000,000
State General Funds
$20,000,000
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 76) as amended
$20,000,000
$20,145,521
Increase funds for rural economic development projects.
$0
$0
(CC:No)
Establish a new contract with the Georgia Forestry
$0
$0
Commission for $450,000 for the reading, maintenance,
and management of all aspects of the Agricultural Water
Metering Program. (CC:No)
Amount appropriated in this Act
$20,000,000
$20,145,521
3221
Section 17: Community Health, Department of Total Funds Federal Funds and Grants
$14,365,986,322 $7,363,159,783
3222
JOURNAL OF THE HOUSE
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
$6,878,213,716 $458,302,666 $26,643,401 $222,272,597 $77,787,554 $139,386,524 $5,098,519
$3,204,819,543 $283,993,012 $167,969,114
$2,652,773,436 $100,083,981
$3,575,734,399 $3,294,877,137
$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
$394,059,740
Federal Funds and Grants
$304,869,072
Medical Assistance Program (CFDA 93.778)
$268,755,764
State Children's Insurance Program (CFDA 93.767)
$34,192,075
Federal Funds Not Specifically Identified
$1,921,233
Other Funds
$4,614,769
Agency Funds
($183,750)
Other Funds - Not Specifically Identified
$4,798,519
State Funds
$63,264,314
State General Funds
$63,264,314
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 76) as amended
$65,283,852
$387,534,484
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$569,537
$569,537
Reflect an adjustment in merit system assessments. (CC:Yes)
$4,302
$4,302
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($67,604)
($67,604)
Reflect an adjustment in TeamWorks billings.
$24,035
$24,035
TUESDAY, MARCH 22, 2016
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Provide funds to comply with the Patient Protection and Affordable Care Act (PPACA) requirement that 1095-B forms be provided to individuals enrolled in PeachCare or Medicaid.
Replace the loss of federal funds for the Medicaid Management Information System (MMIS).
Reduce funds to reflect the enhanced Federal Medical Assistance Percentage (FMAP) increase from 76.68% to 100% for PeachCare administrative expenses.
Reduce funds for contracts.
Utilize existing funds to initiate contract services with an external firm for mandatory nursing home audits. (CC:Yes)
Transfer funds from the Medicaid: Aged, Blind and Disabled program for positions and operational costs related to the Community Care Services Program (CCSP).
Redirect any administrative savings from the transfer of the Community Care Services Program (CCSP) to fund additional slots and report to the Georgia General Assembly on progress by January 1, 2017. (CC:Yes)
The Department of Community Health, pursuant to O.C.G.A. 49-4-142.1 et seq., is hereby authorized to submit a request to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act. (CC:Yes; The Department of Community Health, pursuant to O.C.G.A. 49-4-142.1 et seq. and within the parameters of O.C.G.A. 49-4-142.2, is hereby authorized to submit a request to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act.)
The Department shall inspect each medical facility that the Department is authorized to regulate under paragraph (7) of O.C.G.A. 31-2-1 on an annual basis, maintain records of inspections and violations, and deliver an annual report on such inspections to the General Assembly within 30 days of the end of each Fiscal Year. (CC:Yes)
Amount appropriated in this Act
$15,014
$1,817,591 $2,155,857 ($7,669,673) ($275,625)
$0 $1,407,028
$0 $0
$0
$63,264,314
$15,014
$3,900,916 $0 $0
($735,000) $0
$2,814,056 $0 $0
$0
$394,059,740
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
3223
3224
JOURNAL OF THE HOUSE
disciplinary action when warranted.
Total Funds
$818,684
State Funds
$818,684
State General Funds
$818,684
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$812,629
$812,629
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$6,304
$6,304
Reflect an adjustment in merit system assessments. (CC:Yes)
$54
$54
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($303)
($303)
Amount appropriated in this Act
$818,684
$818,684
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
$756,419
State Funds
$756,419
State General Funds
$756,419
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$750,826
$750,826
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,824
$5,824
Reflect an adjustment in merit system assessments. (CC:Yes)
$49
$49
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($280)
($280)
Amount appropriated in this Act
$756,419
$756,419
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.
TUESDAY, MARCH 22, 2016
Total Funds
$28,055,923
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
$11,609,372
State General Funds
$11,609,372
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,662,932
$27,109,483
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$82,713
$82,713
Reflect an adjustment in merit system assessments. (CC:Yes)
$703
$703
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,976)
($3,976)
Eliminate one-time start-up funds for Federally Qualified Health Centers.
($250,000)
($250,000)
Reduce funds for charity clinics. (CC:No)
$0
$0
Provide funds for two Federally Qualified Health Center community start-up grants in Jackson County and Jenkins County.
$500,000
$500,000
Increase contract funds for services for medically fragile children who do not qualify for the "Katie Beckett" TEFRA/Deeming waiver.
$250,000
$250,000
Utilize existing funds to continue the Rural Hospital
$0
$0
Stabilization Committee's grants to the current pilot sites
in Emanuel, Crisp, Appling, and Union counties.
(CC:Yes; Utilize existing funds to continue the Rural
Hospital Stabilization Committee's grants, with pilot
sites to be selected by the Rural Hospital Stabilization
Committee.)
Increase one-time funds for the purchase of three telemedicine equipment devices to support middle Georgia EMS services.
$42,000
$42,000
Increase funds to the Southwest Georgia Cancer Coalition to assist with access to quality cancer care and treatment in southwest Georgia.
$25,000
$25,000
Increase funds to establish a Patient Centered Medical Home (PCMH) grant program for rural stabilization.
$300,000
$300,000
Amount appropriated in this Act
$11,609,372
$28,055,923
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
$20,748,837
Federal Funds and Grants
$9,638,318
3225
3226
JOURNAL OF THE HOUSE
Medical Assistance Program (CFDA 93.778)
$3,733,665
Federal Funds Not Specifically Identified
$5,904,653
Other Funds
$100,000
Agency Funds
$100,000
State Funds
$11,010,519
State General Funds
$11,010,519
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,929,096
$20,667,414
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$84,778
$84,778
Reflect an adjustment in merit system assessments. (CC:Yes)
$720
$720
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,075)
($4,075)
Amount appropriated in this Act
$11,010,519
$20,748,837
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
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
$5,437,966,232
Federal Funds and Grants
$3,449,809,344
Medical Assistance Program (CFDA 93.778)
$3,447,022,130
Federal Funds Not Specifically Identified
$2,787,214
Other Funds
$62,342,988
Agency Funds
$62,342,988
TUESDAY, MARCH 22, 2016
State Funds
$1,658,525,268
Hospital Provider Payment
$29,862,365
Nursing Home Provider Fees
$167,969,114
State General Funds
$1,454,501,983
Tobacco Settlement Funds
$6,191,806
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 76) as $1,581,476,106 amended
$5,249,545,728
Increase funds to cover expenses related to higher pharmacy cost of Hepatitis C drugs ($23,129,866) and Cystic Fibrosis drugs ($3,390,400). (CC:Increase funds to cover expenses related to higher pharmacy cost of Hepatitis C drugs ($21,007,707) and Cystic Fibrosis drugs ($3,390,400).)
$24,398,107
$75,794,057
Reflect an adjustment for growth in Medicaid based on projected need.
($31,351,260)
($97,394,408)
Increase funds to reflect a projected increase in the Medicare Part D Clawback payment.
$8,088,994
$8,088,994
Increase funds for the hold harmless provision in Medicare Part B premiums.
$21,039,788
$65,524,097
Transfer $46,488,969 in state general funds and $6,191,806 in tobacco settlement funds for the Community Care Services Program (CCSP) from the Elder Community Living Services program in the Department of Human Services.
$52,680,775
$67,016,733
Reduce funds to reflect an increase in the Federal
($19,643,417)
$0
Medical Assistance Percentage (FMAP) from 67.55% to
67.89%.
Reflect additional revenue from hospital provider payments.
$1,242,217
$3,857,817
Reduce funds for previous changes in rate calculations for nursing facility operator changes to reflect projected expenditures.
($4,100,000)
($12,736,875)
Increase funds to provide for a 3% inflation adjustment on the 2012 nursing home cost reports.
$11,300,000
$35,104,070
Increase funds for the Independent Care Waiver Program (ICWP) Personal Support rates to match the CCSP and SOURCE program rates.
$3,774,382
$11,725,325
Increase funds for the reimbursement rates for Adult Day Health Centers by 5% to provide parity with other home and community-based service providers.
$399,670
$1,241,597
Provide funds to increase reimbursement rates for occupational therapy and physical therapy providers within the Medicaid Children's Intervention Services (CIS) program.
$2,000,000
$6,213,110
3227
3228
JOURNAL OF THE HOUSE
Evaluate budget neutral payment methodologies for
$0
Medicaid member access to services provided by newly-
enrolled long-term acute care and inpatient
rehabilitation hospitals. (CC:Yes)
Transfer funds to the Departmental Administration and Program Support programs for positions and operational costs related to the Community Care Services Program (CCSP).
($1,407,028)
Increase funds for a 3% increase in ventilator reimbursement rates.
$95,041
Transfer funds for the increased reimbursement rates for select primary care and OB/GYN codes from the Medicaid: Low-Income Medicaid program to reflect the anticipated increase attributable to each program. (CC:Transfer funds for the increased reimbursement rates for 32 select primary care and OB/GYN codes from the Medicaid: Low-Income Medicaid program to reflect the anticipated increase attributable to each program.)
$9,279,118
Transfer funds for the increase in reimbursement rates for occupational therapy and physical therapy providers within the Medicaid Children's Intervention Services (CIS) program to the Medicaid: Low-Income Medicaid program to reflect the anticipated increase attributable to each program.
($747,225)
Amount appropriated in this Act
$1,658,525,268
$0 ($2,814,056)
$295,250 $28,826,089
($2,321,296) $5,437,966,232
17.8. Medicaid: Low-Income Medicaid
Purpose: The purpose of this appropriation is to provide healthcare access
primarily to low-income individuals.
Total Funds
$4,316,849,891
Federal Funds and Grants
$2,901,209,938
Medical Assistance Program (CFDA 93.778)
$2,901,209,938
Other Funds
$12,328,316
Agency Funds
$12,328,316
State Funds
$1,389,894,790
Hospital Provider Payment
$254,130,647
State General Funds
$1,041,871,968
Tobacco Settlement Funds
$93,892,175
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 76) as $1,285,085,321 amended
$3,933,283,365
Increase funds for growth in Medicaid based on projected need.
$92,393,815
$287,026,452
TUESDAY, MARCH 22, 2016
Replace $16,076,082 in tobacco settlement funds with state general funds. (CC:Yes)
Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) from 67.55% to 67.89%.
Reflect additional revenue from hospital provider payments.
Transfer hospital provider payments to reflect an increase in enhanced FMAP from 94.22% to 100% for children who were moved from the PeachCare for Kids program to the Low-Income Medicaid program as of January 1, 2014 per the PPACA.
Provide funds to increase reimbursement rates for select primary care and OB/GYN codes to 100% of 2014 Medicare levels.
Provide funds to increase the Advanced Life Support (ALS) emergency transport code reimbursement rate for EMS providers by 7%.
Effective July 1, 2016, Care Management Organizations (CMO) are required to increase their current per unit reimbursement rates for contracted primary care, OB/GYN, and EMS providers at the increased rates mandated by HB 751. (CC:Yes)
The Department of Community Health is directed to evaluate cost-saving measures through accurate diagnosis of ADHD and report back to the Georgia General Assembly by January 1, 2017. (CC:Provide funds to evaluate cost-saving measures through accurate diagnosis of ADHD through NEBA and report back to the Georgia General Assembly by January 1, 2017.)
Increase funds for a $250 add-on payment for newborn delivery and newborn admission after delivery in rural counties (population less than 35,000.) (CC:Increase funds for a $250 add-on payment for newborn delivery in rural counties (population less than 35,000).)
Increase funds to establish a Patient Centered Medical Home (PCMH) grant program for rural stabilization. (CC:No; Reflect in Health Care Access and Improvement.)
Transfer funds for the increased reimbursement rates for select primary care and OB/GYN codes to the Medicaid: Aged, Blind, and Disabled programs to reflect the anticipated increase attributable to each program. (CC:Transfer funds for the increased reimbursement rates for 32 select primary care and OB/GYN codes to the Medicaid: Aged, Blind, and Disabled programs to reflect the anticipated increase attributable to each program.)
Transfer funds for the increase in reimbursement rate for occupational therapy and physical therapy providers within the Medicaid Children's Intervention Services (CIS) program from the Medicaid: Aged, Blind, and Disabled program to reflect the anticipated increase
$0 ($18,800,043) $10,495,334
$1,827,220 $26,203,315
$634,314 $0
$200,000
$387,407 $0
($9,279,118)
$747,225
$0 $0 $32,594,205 $5,674,596 $81,402,035 $1,970,531 $0 $200,000
$1,203,500 $0
($28,826,089)
$2,321,296
3229
3230
JOURNAL OF THE HOUSE
attributable to each program. Amount appropriated in this Act
$1,389,894,790 $4,316,849,891
17.9. PeachCare
Purpose: The purpose of this appropriation is to provide health insurance
coverage for qualified low-income Georgia children.
Total Funds
$424,262,374
Federal Funds and Grants
$424,110,591
State Children's Insurance Program (CFDA 93.767)
$424,110,591
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 76) as amended
$24,648,601
$424,124,694
Reduce funds to reflect an increase in enhanced Federal ($22,821,381)
$0
Medical Assistance Percentage from 94.22% to 100%.
Transfer hospital provider payments to reflect an
($1,827,220)
$0
increase in enhanced FMAP from 94.22% to 100% for
children who were moved from the PeachCare for Kids
program to the Low-Income Medicaid program as of
January 1, 2014 per the PPACA.
Increase funds to increase reimbursement rates for occupational therapy and physical therapy providers within the Medicaid Children's Intervention Services (CIS) program.
$0
$137,680
Amount appropriated in this Act
$0
$424,262,374
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
$3,273,565,552
Intra-State Government Transfers
$3,273,565,552
Health Insurance Payments
$3,273,565,552
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$0 $3,198,611,114
Increase funds to reflect updated projections for membership, medical services utilization, and medical trend changes.
$0
$4,252,738
Reduce funds for the reduction in employee contribution rates effective January 1, 2016.
$0
($11,100,000)
TUESDAY, MARCH 22, 2016
Increase funds for Medicare Advantage plans effective January 1, 2016.
Reduce funds by identifying future year plan design changes.
Reduce funds due to a scheduled reduction in the Transitional Reinsurance Fee imposed by the Patient Protection and Affordable Care Act (PPACA).
Increase funds for a scheduled increase of the employer contribution rate for non-certificated school service employees from $746.20 to $846.20 effective January 1, 2017.
Authorize a pilot program for non-certificated systemdirected health care coverage for a 24-month pilot effective for coverage year January 1, 2017, at the end of which the participating systems may opt to return to the state plan without penalty. (CC:Yes)
Reflect a total fund balance for Other Post-Employment Benefits (OPEB) liabilities of $925,103,053 by recognizing 2015 payments ($478,094,972) and pending deposits ($314,627,314). (CC:Yes)
Amount appropriated in this Act
$0
$91,600,000
$0
($32,784,000)
$0
($7,420,000)
$0
$30,405,700
$0
$0
$0
$0
$0 $3,273,565,552
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
$981,797
State Funds
$981,797
State General Funds
$981,797
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$659,458
$659,458
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$13,467
$13,467
Reflect an adjustment in merit system assessments. (CC:Yes)
$93
$93
Transfer funds from the Graduate Medical Education program to support tracking long-term rural capacity needs for physicians and other healthcare providers.
$208,779
$208,779
Provide funds for a facilitator position to specialize in emerging residency programs.
$100,000
$100,000
Amount appropriated in this Act
$981,797
$981,797
17.12. Georgia Board for Physician Workforce: Graduate Medical Education Purpose: The purpose of this appropriation is to address the physician
3231
3232
JOURNAL OF THE HOUSE
workforce needs of Georgia communities through the support and development
of medical education programs.
Total Funds
$11,185,863
State Funds
$11,185,863
State General Funds
$11,185,863
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,014,219
$10,014,219
Transfer funds for 72 new residency slots in primary care medicine from the Board of Regents of the University System of Georgia Public Service/Special Funding Initiatives program.
$1,138,075
$1,138,075
Transfer funds to the Board Administration program to support tracking long-term rural capacity needs for physicians and other healthcare providers.
($208,779)
($208,779)
Transfer funds to the Physicians for Rural Areas program for the Georgia South Family Medicine Rural Residency Training Program.
($100,000)
($100,000)
Provide funds for an emergency medicine residency program at Memorial Health University Medical Center.
$219,684
$219,684
Increase funds to provide eight slots total in OB/GYN residency programs with two slots each at Emory, Medical College of Georgia, Morehouse, and Navicent Health Care Macon.
$122,664
$122,664
Amount appropriated in this Act
$11,185,863
$11,185,863
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
State Funds
$24,039,911
State General Funds
$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
TUESDAY, MARCH 22, 2016
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
$1,710,000
State Funds
$1,710,000
State General Funds
$1,710,000
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 76) as amended
$1,410,000
$1,410,000
Realign program activities to provide additional Physician Rural Areas Assistance (PRAA) loan repayment awards. (CC:Yes)
$0
$0
Eliminate funds for the rural dentistry loan repayment
$0
$0
program. (CC:No)
Provide funds for a loan repayment program for Physician Assistants and Advanced Practice Registered Nurses practicing in rural and underserved areas.
$200,000
$200,000
Transfer funds from the Graduate Medical Education program to assist Georgia South Family Medicine Rural Residency Training Program.
$100,000
$100,000
Increase funds for the Georgia South Family Medicine
$0
$0
Rural Residency Training Program. (CC:No)
Utilize $60,000 in existing funds for one-time
$0
$0
partnership funding for Houston Healthcare and Carl
Vinson Veterans Administration residency program.
(CC:Yes)
Amount appropriated in this Act
$1,710,000
$1,710,000
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
$2,437,218
State Funds
$2,437,218
State General Funds
$2,437,218
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,119,068
$2,119,068
Increase funds for the medical student capitation contract for 50 certified residents at Philadelphia College of Osteopathic Medicine.
$318,150
$318,150
Amount appropriated in this Act
$2,437,218
$2,437,218
3233
3234
JOURNAL OF THE HOUSE
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, the purpose of this appropriation is to investigate complaints
and discipline those who violate the Medical Practice Act or other laws
governing the professional behavior of the Board licensees.
Total Funds
$2,698,841
Other Funds
$300,000
Other Funds - Not Specifically Identified
$300,000
State Funds
$2,398,841
State General Funds
$2,398,841
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,277,486
$2,577,486
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$55,818
$55,818
Reflect an adjustment in merit system assessments. (CC:Yes)
$407
$407
Provide funds for the regulation of the vaccine protocol agreements as established by HB 504 (2015 Session).
$65,130
$65,130
Amount appropriated in this Act
$2,398,841
$2,698,841
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
$2,214,677
State Funds
$2,214,677
State General Funds
$2,214,677
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,149,510
$2,149,510
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$43,235
$43,235
Reflect an adjustment in merit system assessments. (CC:Yes)
$432
$432
Provide funds for increased rent.
$21,500
$21,500
Eliminate one-time funds for information technology.
$0
$0
(CC:No)
Amount appropriated in this Act
$2,214,677
$2,214,677
TUESDAY, MARCH 22, 2016
3235
Section 18: Community Supervision, Department of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$160,528,678 $10,000 $10,000
$160,518,678 $160,518,678
18.1. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative support for the agency.
Total Funds
$9,137,028
State Funds
$9,137,028
State General Funds
$9,137,028
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,213,943
$8,213,943
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$171,315
$171,315
Reflect an adjustment in merit system assessments. (CC:Yes)
$4,838
$4,838
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$15,089
$15,089
Reflect an adjustment in TeamWorks billings.
$17,427
$17,427
Reflect an adjustment in payroll shared services billings.
$8,670
$8,670
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$88,134
$88,134
Transfer funds and three positions from the Field Services program.
$398,374
$398,374
Transfer funds from the Field Services program to accurately reflect the cost of real estate rentals.
$64,889
$64,889
Transfer funds and one position from the Department of Corrections' Departmental Administration program.
$43,429
$43,429
Transfer funds and two positions from the State Board of Pardons and Paroles' Board Administration program.
$110,920
$110,920
Reduce funds to reflect administrative efficiencies. (CC:No)
$0
$0
Amount appropriated in this Act
$9,137,028
$9,137,028
3236
JOURNAL OF THE HOUSE
18.2. Field Services
Purpose: The purpose of this appropriation is to protect and serve Georgia
citizens through effective and efficient offender supervision in communities,
while providing opportunities for successful outcomes.
Total Funds
$145,594,620
Other Funds
$10,000
Other Funds - Not Specifically Identified
$10,000
State Funds
$145,584,620
State General Funds
$145,584,620
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$21,851,578
$21,851,578
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$3,618,865
$3,618,865
Reflect an adjustment in merit system assessments. (CC:Yes)
$102,926
$102,926
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$321,013
$321,013
Reflect an adjustment in TeamWorks billings.
$370,721
$370,721
Reflect an adjustment in payroll shared services billings.
$184,449
$184,449
Transfer funds and 1,628 positions from the Department $89,674,806 of Corrections' Probation Supervision program.
$89,684,806
Transfer funds and nine positions from the Department of Corrections' Offender Management program.
$458,707
$458,707
Transfer funds and seven positions from the Department of Corrections' State Prisons program.
$406,678
$406,678
Transfer funds and 480 positions from the State Board of Pardons and Paroles' Parole Supervision program.
$29,217,168
$29,217,168
Transfer funds and three positions to the Departmental Administration program.
($398,374)
($398,374)
Transfer funds to the Departmental Administration program to accurately reflect the cost of real estate rentals.
($64,889)
($64,889)
Transfer funds to the State Board of Pardons and Paroles' Clemency program to accurately reflect the cost of real estate rentals.
($16,528)
($16,528)
Annualize efficiencies in operating budget. (CC:No)
$0
$0
Reduce one-time funds used to recalibrate the offender supervision risk assessment tool.
($75,000)
($75,000)
Reduce one-time funds for technology infrastructure.
($67,500)
($67,500)
Amount appropriated in this Act
$145,584,620
$145,594,620
18.3. Misdemeanor Probation Purpose: The purpose of this appropriation is to provide regulation of all governmental and private misdemeanor probation providers through
TUESDAY, MARCH 22, 2016
inspection and investigation.
Total Funds
$629,988
State Funds
$629,988
State General Funds
$629,988
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$609,367
$609,367
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,254
$16,254
Reflect an adjustment in merit system assessments. (CC:Yes)
$459
$459
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,432
$1,432
Reflect an adjustment in TeamWorks billings.
$1,653
$1,653
Reflect an adjustment in payroll shared services billings.
$823
$823
Amount appropriated in this Act
$629,988
$629,988
The following appropriations are for agencies attached for administrative purposes.
18.4. Georgia Commission on Family Violence
Purpose: The purpose of this appropriation is to provide for the study and
evaluation of needs and services relating to family violence in Georgia,
develop models for community task forces on family violence, provide training
and continuing education on the dynamics of family violence, and develop
standards to be used in the certification and regulation of Family Violence
Intervention Programs.
Total Funds
$391,988
State Funds
$391,988
State General Funds
$391,988
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$374,981
$374,981
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,380
$16,380
Reflect an adjustment in merit system assessments. (CC:Yes)
$166
$166
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$461
$461
Amount appropriated in this Act
$391,988
$391,988
3237
3238
JOURNAL OF THE HOUSE
18.5. Governor's Office of Transition, Support, and Reentry
Purpose: The purpose of this appropriation is to provide a collaboration of
governmental and non-governmental stakeholders to develop and execute a
systematic reentry plan for Georgia offenders and ensure the delivery of
services to reduce recidivism and support the success of returning citizens.
Total Funds
$4,775,054
State Funds
$4,775,054
State General Funds
$4,775,054
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,741,443
$3,741,443
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$92,837
$92,837
Reflect an adjustment in merit system assessments. (CC:Yes)
$3,232
$3,232
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$5,293
$5,293
Transfer funds and two positions from the Department of Corrections' Departmental Administration program.
$280,057
$280,057
Transfer funds and four positions from the State Board of Pardons and Paroles' Parole Supervision program.
$392,362
$392,362
Increase funds for five community coordinators to expand the Georgia Prisoner Re-entry Initiative.
$388,945
$388,945
Transfer funds to the State Board of Pardons and Paroles' Clemency program to accurately reflect the cost of rental space.
($129,115)
($129,115)
Amount appropriated in this Act
$4,775,054
$4,775,054
Section 19: 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
$1,136,080,765 $170,555 $170,555
$13,564,603 $13,564,603 $1,122,345,607 $1,122,345,607
19.1. 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
$5,000
State Funds
$5,000
TUESDAY, MARCH 22, 2016
State General Funds
$5,000
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 76) as
$50,000
$50,000
amended
Reduce funds.
($45,000)
($45,000)
Amount appropriated in this Act
$5,000
$5,000
19.2. 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
$36,283,517
Federal Funds and Grants
$70,555
Federal Funds Not Specifically Identified
$70,555
State Funds
$36,212,962
State General Funds
$36,212,962
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$35,423,197
$35,493,752
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$411,399
$411,399
Reflect an adjustment in merit system assessments. (CC:Yes)
$683
$683
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($50,000)
($50,000)
Reflect an adjustment in TeamWorks billings.
($3,525)
($3,525)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$322,424
$322,424
Transfer funds and one position to the Department of Community Supervision's Departmental Administration program.
($43,429)
($43,429)
Transfer funds and two positions to the Governor's Office of Transition, Support, and Reentry.
($280,057)
($280,057)
Transfer funds and six positions from the Probation Supervision program for consolidated banking services.
$375,744
$375,744
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
$56,526
$56,526
3239
3240
JOURNAL OF THE HOUSE
Provide a report to the General Assembly regarding the effectiveness of educational programs within the department including county correctional facility GED and vocational certificate programs, the charter high school initiative, vocational/technical programs, and the GED fast track program by January 1, 2017 and a follow-up report by January 1, 2018. (CC:Yes)
Amount appropriated in this Act
$0 $36,212,962
$0 $36,283,517
19.3. 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
$38,791,091
Other Funds
$450,000
Other Funds - Not Specifically Identified
$450,000
State Funds
$38,341,091
State General Funds
$38,341,091
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$30,232,566
$30,682,566
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$858,702
$858,702
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,427
$1,427
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($104,363)
($104,363)
Reflect an adjustment in TeamWorks billings.
($7,358)
($7,358)
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
$1,429,639
$1,429,639
Transfer funds, 82 positions, and 13 vehicles from the Probation Supervision program to consolidate program operations.
$5,930,478
$5,930,478
Amount appropriated in this Act
$38,341,091
$38,791,091
19.4. 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
$27,585,059
State Funds
$27,585,059
State General Funds
$27,585,059
TUESDAY, MARCH 22, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$27,555,071
$27,555,071
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$34,408
$34,408
Reflect an adjustment in merit system assessments. (CC:Yes)
$57
$57
Reflect an adjustment to agency premiums for
($4,182)
($4,182)
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in TeamWorks billings.
($295)
($295)
Amount appropriated in this Act
$27,585,059
$27,585,059
19.5. 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
$204,612,576
Other Funds
$390,000
Other Funds - Not Specifically Identified
$390,000
State Funds
$204,222,576
State General Funds
$204,222,576
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$201,384,166
$201,774,166
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$224,399
$224,399
Reflect an adjustment in merit system assessments. (CC:Yes)
$373
$373
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($27,273)
($27,273)
Reflect an adjustment in TeamWorks billings.
($1,923)
($1,923)
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives for Georgia Correctional Healthcare employees effective July 1, 2016.
$2,642,834
$2,642,834
Increase funds to cover expenses related to recently
$0
$0
approved Hepatitis C treatments and other bulk
prescription medications. (CC:Utilize existing funds to
provide Hepatitis C treatments and fund actual costs in
the Amended FY17 budget, while recognizing potential
savings from new therapeutic options.)
Amount appropriated in this Act
$204,222,576
$204,612,576
3241
3242
JOURNAL OF THE HOUSE
19.6. 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
$43,575,497
Other Funds
$30,000
Other Funds - Not Specifically Identified
$30,000
State Funds
$43,545,497
State General Funds
$43,545,497
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$42,568,545
$42,598,545
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$97,240
$97,240
Reflect an adjustment in merit system assessments. (CC:Yes)
$162
$162
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($11,818)
($11,818)
Reflect an adjustment in TeamWorks billings.
($833)
($833)
Transfer funds and nine positions to the Department of Community Supervision's Field Services program.
($458,707)
($458,707)
Increase funds to incentivize county correctional facilities to provide educational opportunities and graduate inmates from GED and vocational programs.
$1,325,000
$1,325,000
Provide a $1,000 per student performance-based
$0
$0
funding incentive to county correctional facilities for
each GED diploma and vocational certificate graduate.
(CC:Yes)
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
$25,908
$25,908
Amount appropriated in this Act
$43,545,497
$43,575,497
19.7. 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
19.8. Probation Supervision Purpose: The purpose of this appropriation is to supervise probationers in Day
TUESDAY, MARCH 22, 2016
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
$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 76) as amended
$95,981,028
$95,998,074
Transfer funds and 1,628 positions to the Department of ($89,674,806) Community Supervision's Field Services program.
($89,684,806)
Transfer funds and six positions to the Departmental Administration program for consolidated banking services.
($375,744)
($375,744)
Transfer funds, 82 positions, and 13 vehicles to the Detention Centers program to consolidate program operations.
($5,930,478)
($5,937,524)
Amount appropriated in this Act
$0
$0
19.9. 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
$618,177,696
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
$605,383,093
State General Funds
$605,383,093
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$569,908,384
$582,702,987
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$12,699,513
$12,699,513
Reflect an adjustment in merit system assessments. (CC:Yes)
$21,097
$21,097
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,543,445)
($1,543,445)
Reflect an adjustment in TeamWorks billings.
($108,816)
($108,816)
3243
3244
JOURNAL OF THE HOUSE
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes. Annualize the cost of operating expenses for the charter high school initiative at two state prisons. Increase funds for 11 positions and operating expenses to provide educational enhancements to academic programs at four state prisons. Increase funds for contracts to expand vocational/technical programs at four state prisons.
Transfer funds and seven positions to the Department of Community Supervision's Field Services program.
Reduce funds for one-time funding for setup costs of the state prison education enhancement.
Reduce funds to reflect the savings from energy efficiency upgrades.
Amount appropriated in this Act
$21,164,313
$51,500 $1,411,727
$2,620,000 ($406,678) ($374,502)
($60,000) $605,383,093
$21,164,313
$51,500 $1,411,727
$2,620,000 ($406,678) ($374,502)
($60,000) $618,177,696
19.10. 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
$31,654,721
State Funds
$31,654,721
State General Funds
$31,654,721
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$29,965,735
$29,965,735
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$634,302
$634,302
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,054
$1,054
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($77,090)
($77,090)
Reflect an adjustment in TeamWorks billings.
($5,435)
($5,435)
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
$876,155
$876,155
Increase funds to expand the GED fast track program at transition centers.
$260,000
$260,000
Amount appropriated in this Act
$31,654,721
$31,654,721
TUESDAY, MARCH 22, 2016
3245
Section 20: 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
$68,035,530 $53,204,273 $53,204,273 $3,262,875 $1,375,447 $1,887,428 $11,568,382 $11,568,382
20.1. Departmental Administration
Purpose: The purpose of this appropriation is to provide administration to the
organized militia in the State of Georgia.
Total Funds
$1,910,607
Federal Funds and Grants
$723,528
Federal Funds Not Specifically Identified
$723,528
State Funds
$1,187,079
State General Funds
$1,187,079
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,143,379
$1,866,907
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$32,856
$32,856
Reflect an adjustment in merit system assessments. (CC:Yes)
$123
$123
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$4,248
$4,248
Reflect an adjustment in TeamWorks billings.
$2,731
$2,731
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$3,742
$3,742
Amount appropriated in this Act
$1,187,079
$1,910,607
20.2. Military Readiness
Purpose: The purpose of this appropriation is to provide and maintain
facilities for the training of Army National Guard, Air National Guard, and
State Defense Force personnel, and to provide an organized militia that can be
activated and deployed at the direction of the President or Governor for a
man-made crisis or natural disaster.
Total Funds
$43,124,747
3246
JOURNAL OF THE HOUSE
Federal Funds and Grants
$34,639,522
Federal Funds Not Specifically Identified
$34,639,522
Other Funds
$3,258,997
Agency Funds
$1,375,447
Other Funds - Not Specifically Identified
$1,883,550
State Funds
$5,226,228
State General Funds
$5,226,228
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 76) as amended
$5,086,422
$42,984,941
Reflect an adjustment in merit system assessments. (CC:Yes)
$287
$287
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$76,270
$76,270
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$12,788
$12,788
Reflect an adjustment in TeamWorks billings.
$461
$461
Reflect a change in the program purpose statement. (CC:Yes)
$0
$0
Increase funds for equipment for the Georgia State Defense Force.
$50,000
$50,000
Amount appropriated in this Act
$5,226,228
$43,124,747
20.3. 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
$23,000,176
Federal Funds and Grants
$17,841,223
Federal Funds Not Specifically Identified
$17,841,223
Other Funds
$3,878
Other Funds - Not Specifically Identified
$3,878
State Funds
$5,155,075
State General Funds
$5,155,075
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,903,836
$17,911,437
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$71,628
$71,628
Reflect an adjustment in merit system assessments. (CC:Yes)
$269
$269
TUESDAY, MARCH 22, 2016
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in TeamWorks billings.
Increase funds for personal services and operating expenses to support the Milledgeville Youth Challenge Academy.
Amount appropriated in this Act
$21,848
$1,179 $1,156,315
$5,155,075
$21,848
$1,179 $4,993,815
$23,000,176
3247
Section 21: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds
$70,517,137 $2,844,121 $2,844,121 $67,673,016 $67,673,016
21.1. Customer Service Support
Purpose: The purpose of this appropriation is for administration of license
issuance, motor vehicle registration, and commercial truck compliance.
Total Funds
$10,190,297
Other Funds
$500,857
Agency Funds
$500,857
State Funds
$9,689,440
State General Funds
$9,689,440
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 76) as amended
$9,527,809
$10,028,666
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$148,246
$148,246
Reflect an adjustment in merit system assessments. (CC:Yes)
$599
$599
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,359)
($5,359)
Reflect an adjustment in TeamWorks billings.
$18,145
$18,145
Amount appropriated in this Act
$9,689,440
$10,190,297
21.2. 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
$58,875,391
3248
JOURNAL OF THE HOUSE
Other Funds
$1,827,835
Agency Funds
$1,827,835
State Funds
$57,047,556
State General Funds
$57,047,556
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 76) as amended
$56,667,632
$58,495,467
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$922,619
$922,619
Reflect an adjustment in merit system assessments. (CC:Yes)
$3,728
$3,728
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($64,905)
($64,905)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$21,194
$21,194
Increase funds for two full-time and two part-time driver examiner positions at the Fayetteville Customer Service Center.
$104,040
$104,040
Eliminate one-time funds for a commercial driver's license pad in West Georgia.
($500,000)
($500,000)
Utilize existing funds for new vessel endorsement for
$0
$0
boating certification. (CC:Yes)
Reduce funds for start-up costs for the Paulding Customer Service Center.
($106,752)
($106,752)
Amount appropriated in this Act
$57,047,556
$58,875,391
21.3. 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
$1,451,449
Other Funds
$515,429
Agency Funds
$515,429
State Funds
$936,020
State General Funds
$936,020
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
State Funds $900,866 $36,791
$149 ($1,786)
$936,020
Total Funds $1,416,295
$36,791
$149 ($1,786)
$1,451,449
3249
Section 22: 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
$792,213,198 $364,941,816
$97,618,088 $125,696,047 $141,627,681
$13,695,660 $13,695,660
$160,000 $3,000
$157,000 $413,415,722 $357,846,380
$55,569,342
22.1. 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
$258,679,043
Federal Funds and Grants
$203,084,701
CCDF Mandatory and Matching Funds (CFDA 93.596)
$97,618,088
Child Care and Development Block Grant (CFDA 93.575) $102,013,932
Federal Funds Not Specifically Identified
$3,452,681
Other Funds
$25,000
Agency Funds
$3,000
Other Funds - Not Specifically Identified
$22,000
State Funds
$55,569,342
State General Funds
$55,569,342
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
3250
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Amount appropriated in this Act
State Funds $55,527,513
$40,903 $0
$926
$55,569,342
Total Funds $258,637,214
$40,903 $0
$926
$258,679,043
22.2. 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
$138,000,000
Federal Funds and Grants
$138,000,000
Federal Funds Not Specifically Identified
$138,000,000
22.3. 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
$358,021,380
Federal Funds and Grants
$175,000
Federal Funds Not Specifically Identified
$175,000
State Funds
$357,846,380
Lottery Funds
$357,846,380
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$321,295,348
$321,470,348
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$7,927,490
$7,927,490
Reflect an adjustment in merit system assessments. (CC:Yes)
$4,810
$4,810
Reflect an adjustment in TeamWorks billings.
$22,430
$22,430
Provide funds to implement a new compensation model to retain lead teachers, increase assistant teacher salaries, and maintain classroom quality.
$26,213,684
$26,213,684
TUESDAY, MARCH 22, 2016
Increase funds for benefits for Pre-Kindergarten lead and assistant teachers and provide program providers with the flexibility to combine benefits and noninstructional costs as needed.
Utilize $1,150,500 in existing departmental contract funds to provide a $300 one-time materials grant for each Pre-Kindergarten classroom. (CC:Yes)
Amount appropriated in this Act
$2,382,618 $0
$357,846,380
$2,382,618 $0
$358,021,380
22.4. 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
$37,512,775
Federal Funds and Grants
$23,682,115
Child Care and Development Block Grant (CFDA 93.575)
$23,682,115
Federal Recovery Funds
$13,695,660
Federal Recovery Funds Not Specifically Identified
$13,695,660
Other Funds
$135,000
Other Funds - Not Specifically Identified
$135,000
3251
Section 23: Economic Development, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$106,299,419 $74,021,318 $74,021,318 $32,278,101 $32,278,101
23.1. 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
$4,628,550
State Funds
$4,628,550
State General Funds
$4,628,550
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,478,642
$4,478,642
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$100,795
$100,795
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,061
$1,061
3252
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.
Reflect an adjustment in payroll shared services billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Amount appropriated in this Act
$4,637 $33,206
$597 $9,612
$4,628,550
$4,637 $33,206
$597 $9,612
$4,628,550
23.2. 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
$1,118,845
State Funds
$1,118,845
State General Funds
$1,118,845
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,096,969
$1,096,969
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$21,543
$21,543
Reflect an adjustment in merit system assessments. (CC:Yes)
$227
$227
Reflect an adjustment in payroll shared services billings.
$106
$106
Amount appropriated in this Act
$1,118,845
$1,118,845
23.3. 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
$1,375,899
Federal Funds and Grants
$659,400
Federal Funds Not Specifically Identified
$659,400
State Funds
$716,499
State General Funds
$716,499
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Reflect an adjustment in merit system assessments. (CC:Yes) Increase funds for grants program.
Amount appropriated in this Act
State Funds $603,360 $13,002
$137 $100,000 $716,499
Total Funds $1,262,760
$13,002
$137 $100,000 $1,375,899
23.4. Georgia Council for the Arts - Special Project
Purpose: 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 larger than $5,000.
Total Funds
$300,000
State Funds
$300,000
State General Funds
$300,000
23.5. Global Commerce
Purpose: The purpose of this appropriation is to promote Georgia as a state
that is appealing to businesses along with being competitive in the
international trade market; recruit, retain, and expand businesses in Georgia
through a network of statewide and regional project managers, foreign and
domestic marketing, and participation in Georgia Allies; and 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
$11,264,286
State Funds
$11,264,286
State General Funds
$11,264,286
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,881,240
$10,881,240
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$179,993
$179,993
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,894
$1,894
Reflect an adjustment in payroll shared services billings.
$1,159
$1,159
Increase funds for marketing.
$200,000
$200,000
Amount appropriated in this Act
$11,264,286
$11,264,286
3253
3254
JOURNAL OF THE HOUSE
23.6. 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
23.7. Innovation and Technology
Purpose: The purpose of this appropriation is to market and promote strategic
industries to existing and potential Georgia businesses.
Total Funds
$1,542,296
State Funds
$1,542,296
State General Funds
$1,542,296
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 76) as amended
$1,522,960
$1,522,960
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$19,031
$19,031
Reflect an adjustment in merit system assessments. (CC:Yes)
$200
$200
Reflect an adjustment in payroll shared services billings.
$105
$105
Reflect a change in the program purpose statement. (CC:Yes)
$0
$0
Amount appropriated in this Act
$1,542,296
$1,542,296
23.8. Small and Minority Business Development
Purpose: The purpose of this appropriation is to assist entrepreneurs and
small and minority businesses by providing technical assistance on planning,
advocacy, business needs, and identifying potential markets and suppliers; and
to provide assistance to local communities in growing small businesses.
Total Funds
$976,342
State Funds
$976,342
State General Funds
$976,342
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$951,926
$951,926
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$24,058
$24,058
Reflect an adjustment in merit system assessments. (CC:Yes)
$253
$253
Reflect an adjustment in payroll shared services billings.
$105
$105
TUESDAY, MARCH 22, 2016
Amount appropriated in this Act
$976,342
$976,342
23.9. Tourism
Purpose: The purpose of this appropriation is to provide information to
visitors about tourism opportunities throughout the state, operate and maintain
state welcome centers, fund the Georgia Historical Society and Georgia
Humanities Council, and work with communities to develop and market
tourism products in order to attract more tourism to the state.
Total Funds
$11,731,283
State Funds
$11,731,283
State General Funds
$11,731,283
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,987,537
$10,987,537
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$130,928
$130,928
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,378
$1,378
Reflect an adjustment in payroll shared services billings.
$1,440
$1,440
Eliminate one-time funds for signage and marketing of the "Vietnam Moving Wall" at the Walk of Heroes.
($10,000)
($10,000)
Reduce funds for the Georgia Civil War Heritage Trails. (CC:Increase funds for the Georgia Civil War Heritage Trails.)
$10,000
$10,000
Eliminate one-time funds for the National Infantry Museum. (CC:Reduce funds for the National Infantry Museum.)
($400,000)
($400,000)
Reflect a change in the program purpose statement.
$0
$0
(CC:Yes; 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.)
Increase funds for tourism marketing and promotion. (CC:Increase funds for tourism marketing and promotion to include marketing for the Year of Music in Georgia.)
$800,000
$800,000
Increase funds for the Georgia Historical Society for historical markers.
$100,000
$100,000
Increase funds for the Historic Chattahoochee Commission. (CC:No)
$0
$0
Increase funds for the Georgia Humanities Council.
$10,000
$10,000
Provide one-time funding for the Martin Luther King Jr. Center for Nonviolent Social Change to modernize public space and facilities for tourism to commemorate
$100,000
$100,000
3255
3256
JOURNAL OF THE HOUSE
the life of Martin Luther King Jr. on the 50th anniversary of his death.
Amount appropriated in this Act
$11,731,283
$11,731,283
Section 24: 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 Agency 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 $2,463.45. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
$11,015,568,457 $1,982,964,757 $19,630 $1,982,945,127 $74,758,193 $74,758,193 $46,753,543 $324,372 $46,429,171 $8,911,091,964 $8,911,091,964
24.1. 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
$11,264,962
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
$9,404,689
State General Funds
$9,404,689
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 76) as amended
$8,794,527
$10,654,800
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$11,098
$11,098
Reflect an adjustment in merit system assessments. (CC:Yes)
$110
$110
TUESDAY, MARCH 22, 2016
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in TeamWorks billings. Provide funds for a 3% salary adjustment effective July 1, 2016. Increase funds for the Young Farmers program in Atkinson and Toombs counties. Increase funds for Extended Day. Increase funds for teachers to assist eligible students attending FCCLA camp.
Amount appropriated in this Act
($742)
$192 $244,504 $150,000 $170,000 $35,000 $9,404,689
($742)
$192 $244,504 $150,000 $170,000 $35,000 $11,264,962
24.2. Audio-Video Technology and Film Grants
Purpose: The purpose of this appropriation is to provide funds for grants for
film and audio-video equipment to local school systems.
Total Funds
$2,500,000
State Funds
$2,500,000
State General Funds
$2,500,000
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 76) as
$0
$0
amended
Provide funds for film and audio-video equipment grants to middle and high schools. (CC:Provide funds for film and audio-video equipment grants to middle and high schools.)
$2,500,000
$2,500,000
Amount appropriated in this Act
$2,500,000
$2,500,000
24.3. Business and Finance Administration
Purpose: The purpose of this appropriation is to provide administrative
support for business, finance, facilities, and pupil transportation.
Total Funds
$30,155,820
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
$7,678,550
State General Funds
$7,678,550
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,479,770
$29,957,040
Reflect an adjustment in merit system assessments. (CC:Yes)
$2,124
$2,124
3257
3258
JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016. Reflect an adjustment in TeamWorks billings.
Amount appropriated in this Act
($14,334)
$199,938
$11,052 $7,678,550
($14,334)
$199,938
$11,052 $30,155,820
24.4. 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
$28,818,252
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
$4,204,730
State General Funds
$4,204,730
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,048,477
$28,661,999
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$99,446
$99,446
Reflect an adjustment in merit system assessments. (CC:Yes)
$905
$905
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($6,089)
($6,089)
Reflect an adjustment in TeamWorks billings.
$5,786
$5,786
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$21,205
$21,205
Increase funds for the American Association of Adapted Sports Program.
$35,000
$35,000
Amount appropriated in this Act
$4,204,730
$28,818,252
24.5. 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.
TUESDAY, MARCH 22, 2016
Total Funds
$2,313,364
Federal Funds and Grants
$153,422
Federal Funds Not Specifically Identified
$153,422
State Funds
$2,159,942
State General Funds
$2,159,942
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 76) as amended
$2,146,548
$2,299,970
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$13,181
$13,181
Reflect an adjustment in merit system assessments. (CC:Yes)
$60
$60
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($408)
($408)
Reflect an adjustment in TeamWorks billings.
$561
$561
Amount appropriated in this Act
$2,159,942
$2,313,364
24.6. 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
$1,203,100
State Funds
$1,203,100
State General Funds
$1,203,100
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 76) as amended
$1,053,100
$1,053,100
Increase funds for local affiliates.
$150,000
$150,000
Amount appropriated in this Act
$1,203,100
$1,203,100
24.7. 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
$7,566,304
Federal Funds and Grants
$3,393,490
Federal Funds Not Specifically Identified
$3,393,490
Other Funds
$430,717
3259
3260
JOURNAL OF THE HOUSE
Other Funds - Not Specifically Identified
$430,717
State Funds
$3,742,097
State General Funds
$3,742,097
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,523,280
$7,347,487
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$86,323
$86,323
Reflect an adjustment in merit system assessments. (CC:Yes)
$751
$751
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,071)
($5,071)
Reflect an adjustment in TeamWorks billings.
$3,414
$3,414
Increase funds for one computer science specialist position.
$133,400
$133,400
Amount appropriated in this Act
$3,742,097
$7,566,304
24.8. 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
24.9. 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
$72,086,561
Federal Funds and Grants
$8,160,000
Federal Funds Not Specifically Identified
$8,160,000
State Funds
$63,926,561
State General Funds
$63,926,561
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Increase funds for personal services and operating expenses for the program manager position to provide state level support.
Increase funds for enrollment growth.
Amount appropriated in this Act
State Funds $62,246,538
$1,560,837
$46,724
$72,462 $63,926,561
Total Funds $70,406,538
$1,560,837
$46,724
$72,462 $72,086,561
24.10. 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
$8,924,686
Other Funds
$5,924,409
Agency Funds
$324,372
Other Funds - Not Specifically Identified
$5,600,037
State Funds
$3,000,277
State General Funds
$3,000,277
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 76) as amended
$3,232,540
$8,832,577
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$92,109
$92,109
Replace state funds with revenue from tuition.
($324,372)
$0
(CC:Replace funds, evaluate existing courses, and
develop a plan to expand course offerings.)
Amount appropriated in this Act
$3,000,277
$8,924,686
24.11. 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
$30,127,589
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
$21,550,873
3261
3262
JOURNAL OF THE HOUSE
State General Funds
$21,550,873
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$18,393,696
$26,970,412
amended
Reflect an adjustment in merit system assessments. (CC:Yes)
$3,076
$3,076
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($20,761)
($20,761)
Reflect an adjustment in TeamWorks billings.
$12,130
$12,130
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$324,417
$324,417
July 1, 2016.
Increase funds to support the information technology
$2,838,315
$2,838,315
applications utilized by local school systems. (CC:Increase funds for information technology supporting local school systems only.)
Amount appropriated in this Act
$21,550,873
$30,127,589
24.12. Non Quality Basic Education Formula Grants
Purpose: The purpose of this appropriation is to fund specific initiatives
including: children in residential education facilities and sparsity grants.
Total Funds
$11,304,618
State Funds
$11,304,618
State General Funds
$11,304,618
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$10,683,086
$10,683,086
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$93,411
$93,411
Increase funds for Residential Treatment Facilities based on attendance.
$528,121
$528,121
Amount appropriated in this Act
$11,304,618
$11,304,618
24.13. Nutrition
Purpose: The purpose of this appropriation is to provide leadership, training,
technical assistance, and resources, so local program personnel can deliver
meals that support nutritional well-being and performance at school and
comply with federal standards.
Total Funds
$737,878,753
Federal Funds and Grants
$714,191,428
Federal Funds Not Specifically Identified
$714,191,428
Other Funds
$108,824
TUESDAY, MARCH 22, 2016
Other Funds - Not Specifically Identified
$108,824
State Funds
$23,578,501
State General Funds
$23,578,501
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$22,862,765
$737,163,017
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$9,924
$9,924
Reflect an adjustment in merit system assessments. (CC:Yes)
$110
$110
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($742)
($742)
Reflect an adjustment in TeamWorks billings.
$365
$365
Provide funds for a 3% salary adjustment for lunchroom workers effective July 1, 2016.
$706,079
$706,079
Amount appropriated in this Act
$23,578,501
$737,878,753
24.14. Preschool Disabilities Services
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
$33,698,294
State Funds
$33,698,294
State General Funds
$33,698,294
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$31,446,339
$31,446,339
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$816,173
$816,173
Reflect a change in the program name. (CC:Yes)
$0
$0
Increase funds for enrollment growth and training and experience.
$1,435,782
$1,435,782
Amount appropriated in this Act
$33,698,294
$33,698,294
24.15. Quality Basic Education Equalization
Purpose: The purpose of this appropriation is to provide additional financial assistance to local school systems ranking below the statewide average of per pupil tax wealth as outlined in O.C.G.A. 20-2-165.
Total Funds
$498,729,036
State Funds
$498,729,036
State General Funds
$498,729,036
3263
3264
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 76) as amended
$498,225,928
$498,225,928
Increase funds for Equalization grants.
$503,108
$503,108
Amount appropriated in this Act
$498,729,036
$498,729,036
24.16. Quality Basic Education Local Five Mill Share
Purpose: The purpose of this program is to recognize the required local
portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-
164.
Total Funds
($1,704,062,671)
State Funds
($1,704,062,671)
State General Funds
($1,704,062,671)
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as ($1,664,572,225) ($1,664,572,225) amended
Adjust funds for the Local Five Mill Share.
($39,490,446)
($39,490,446)
Amount appropriated in this Act
($1,704,062,671) ($1,704,062,671)
24.17. Quality Basic Education Program
Purpose: The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students for the instruction of students in grades K-12 as outlined in O.C.G.A. 20-2-161.
Total Funds
$9,835,244,320
State Funds
$9,835,244,320
State General Funds
$9,835,244,320
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as $9,393,786,908 amended
$9,393,786,908
Increase funds for enrollment growth and training and experience.
$124,057,498
$124,057,498
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.
$300,000,000
$300,000,000
Increase funds for charter system grants.
$2,999,129
$2,999,129
Increase funds for differentiated pay for newly certified math and science teachers.
$307,704
$307,704
Increase funds for the State Commission Charter School supplement.
$8,021,294
$8,021,294
TUESDAY, MARCH 22, 2016
Increase funds for the Special Needs Scholarship.
$0
(CC:Yes; Realize savings from program attrition in the
Special Needs Scholarship to fund additional growth.)
Increase funds for school nurses.
$220,798
Transfer funds for the employer share of the Teachers Retirement System of Georgia for non-certificated
$6,397,473
managers and supervisors ($5,558,750) from the State
Interagency Transfers program and increase funds to
meet projected expenditures ($838,723).
Transfer funds for special education in state institutions from the State Interagency Transfers program.
$2,539,213
Provide funds for a 3% salary adjustment for school nurses effective July 1, 2016.
$912,932
Provide funds for a 3% salary adjustment for school bus drivers effective July 1, 2016.
$2,535,333
Provide for a scheduled increase of the employer
$0
contribution rate for non-certificated school service
employees from $746.20 to $846.20 effective January 1, 2017. (CC:Yes)
Reduce funds based on compliance with HB 100 (2016 ($6,533,962)
Session).
Amount appropriated in this Act
$9,835,244,320
$0 $220,798 $6,397,473
$2,539,213 $912,932
$2,535,333 $0
($6,533,962) $9,835,244,320
24.18. Regional Education Service Agencies (RESAs)
Purpose: The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services.
Total Funds
$10,810,033
State Funds
$10,810,033
State General Funds
$10,810,033
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 76) as amended
$10,223,960
$10,223,960
Provide funds for a 3% salary adjustment effective July 1, 2016.
$286,073
$286,073
Increase funds for personnel for Positive Behavioral Intervention Supports (PBIS) trainers.
$300,000
$300,000
Amount appropriated in this Act
$10,810,033
$10,810,033
24.19. School Improvement
Purpose: The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low-performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement.
3265
3266
JOURNAL OF THE HOUSE
Total Funds
$18,602,740
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
$9,375,439
State General Funds
$9,375,439
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 76) as amended
$8,797,519
$18,024,820
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$179,157
$179,157
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,446
$1,446
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($9,760)
($9,760)
Reflect an adjustment in TeamWorks billings.
$747
$747
Increase funds for training, professional development and support for corps members in Teach for America. (CC:Increase funds for training, professional development and support for corps members in Teach for America.)
$406,330
$406,330
Amount appropriated in this Act
$9,375,439
$18,602,740
24.20. 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
$3,229,392
Other Funds
$3,229,392
Other Funds - Not Specifically Identified
$3,229,392
24.21. 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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended
Transfer funds for the employer share of the Teachers Retirement System of Georgia for non-certificated managers and supervisors to the Quality Basic Education Program.
Transfer funds for vocational education at the Technical College System of Georgia to the Technology/Career Education program.
Transfer funds for special education in state institutions to the Quality Basic Education Program.
Amount appropriated in this Act
State Funds $8,097,963 ($5,558,750)
$0
($2,539,213) $0
Total Funds $30,945,063 ($5,558,750)
($22,847,100)
($2,539,213) $0
24.22. 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
$29,104,679
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
$27,283,610
State General Funds
$27,283,610
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$26,447,967
$28,269,036
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$680,839
$680,839
Reflect an adjustment in merit system assessments. (CC:Yes)
$10,692
$10,692
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($72,168)
($72,168)
Increase funds for training and experience.
$203,402
$203,402
Increase funds for differentiated pay for newly certified math and science teachers.
$12,878
$12,878
Amount appropriated in this Act
$27,283,610
$29,104,679
24.23. Technology/Career Education Purpose: The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning
3267
3268
JOURNAL OF THE HOUSE
opportunities beyond the traditional school day and year.
Total Funds
$65,063,275
Federal Funds and Grants
$42,794,871
Federal Funds Not Specifically Identified
$42,794,871
Other Funds
$4,779,024
Other Funds - Not Specifically Identified
$4,779,024
State Funds
$17,489,380
State General Funds
$17,489,380
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$17,002,426
$41,729,221
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$41,376
$41,376
Reflect an adjustment in merit system assessments. (CC:Yes)
$384
$384
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,595)
($2,595)
Reflect an adjustment in TeamWorks billings.
$2,239
$2,239
Increase funds for vocational industry certification.
$74,051
$74,051
Transfer funds from the State Interagency Transfers program for vocational education at the Technical College System of Georgia.
$0
$22,847,100
Provide funds for a 3% salary adjustment effective July 1, 2016.
$371,499
$371,499
Increase funds for Career, Technical, and Agricultural
$0
$0
Education equipment grants to local school systems.
(CC:Reflect in bonds.)
Amount appropriated in this Act
$17,489,380
$65,063,275
24.24. 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
$46,070,440
Federal Funds and Grants
$19,218,028
Federal Funds Not Specifically Identified
$19,218,028
Federal Recovery Funds
$133,773
Federal Recovery Funds Not Specifically Identified
$133,773
State Funds
$26,718,639
State General Funds
$26,718,639
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
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
State Funds $26,656,506
$62,793
$586 ($3,954)
$2,708 $26,718,639
Total Funds $46,008,307
$62,793
$586 ($3,954)
$2,708 $46,070,440
24.25. Tuition for Multiple Disability Students
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-disabled student.
Total Funds
$1,551,946
State Funds
$1,551,946
State General Funds
$1,551,946
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,551,946
$1,551,946
Reflect a change in the program purpose statement. (CC:Yes)
$0
$0
Reflect a change in the program name. (CC:Yes)
$0
$0
Amount appropriated in this Act
$1,551,946
$1,551,946
3269
Section 25: 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 24.88% for New Plan employees and 20.13% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 21.85% 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
$54,148,093 $4,856,129 $4,856,129 $28,810,275 $28,810,275 $20,481,689 $20,481,689
3270
JOURNAL OF THE HOUSE
$727.97 per member for State Fiscal Year 2017.
25.1. 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
$4,856,129
Other Funds
$4,856,129
Agency Funds
$4,856,129
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$0
$4,456,129
Increase other funds for contractual services.
$0
$400,000
Amount appropriated in this Act
$0
$4,856,129
25.2. 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
$2,017,875
State Funds
$2,017,875
State General Funds
$2,017,875
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,989,530
$1,989,530
Increase funds for the actuarially determined employer contribution in accordance with the most recent actuarial report.
$28,345
$28,345
Amount appropriated in this Act
$2,017,875
$2,017,875
25.3. 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
$26,277,000
State Funds
$26,277,000
State General Funds
$26,277,000
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 76) as amended
$28,580,000
$28,580,000
TUESDAY, MARCH 22, 2016
Reduce funds for the actuarially determined employer contribution in accordance with the most recent actuarial report.
Encourage the Public School Employees Retirement System's Board of Trustees to consider a 3% benefit adjustment for retirees. (CC:Yes; Encourage the Public School Employees Retirement System's Board of Trustees to consider a 3% benefit adjustment for retirees.)
Amount appropriated in this Act
($2,303,000) $0
$26,277,000
($2,303,000) $0
$26,277,000
25.4. 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
$20,997,089
State Funds
$515,400
State General Funds
$515,400
Intra-State Government Transfers
$20,481,689
Retirement Payments
$20,481,689
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 76) as amended
$10,400
$20,720,089
Eliminate one-time other funds used in FY 2016 for a network update project.
$0
($240,000)
Increase other funds for contractual services.
$0
$12,000
Recognize an increase in the employer share of the
$0
$0
Employees' Retirement System contribution rate to
provide a one-time benefit adjustment of 3% to retired
state employees (Total Funds: $3,499,963). (CC:Yes;
Increase funds to reflect an adjustment in the employer
share of the Employees' Retirement System.)
Increase funds for HB 508 (2016 Session) as required by the actuary.
$455,000
$455,000
Increase funds for SB 243 (2016 Session) as required by the actuary.
$50,000
$50,000
Increase funds for HB 421 (2016 Session) as required
$0
$0
by the actuary. (CC:Yes)
Increase funds for HB 605 (2016 Session) as required
$0
$0
by the actuary. (CC:Yes)
Increase funds for HB 690 (2016 Session) as required
$0
$0
by the actuary. (CC:Yes)
Amount appropriated in this Act
$515,400
$20,997,089
3271
Section 26: Forestry Commission, Georgia Total Funds
$49,388,157
3272
JOURNAL OF THE HOUSE
Federal Funds and Grants Federal Funds Not Specifically Identified
Other Funds Agency Funds Other Funds - Not Specifically Identified
State Funds State General Funds
Intra-State Government Transfers Other Intra-State Government Payments
$5,982,769 $5,982,769 $7,102,187
$428,645 $6,673,542 $36,253,201 $36,253,201
$50,000 $50,000
26.1. 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
$3,972,151
Federal Funds and Grants
$48,800
Federal Funds Not Specifically Identified
$48,800
Other Funds
$182,780
Other Funds - Not Specifically Identified
$182,780
State Funds
$3,740,571
State General Funds
$3,740,571
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,477,646
$3,709,226
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$71,103
$71,103
Reflect an adjustment in merit system assessments. (CC:Yes)
$474
$474
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,142
$6,142
Reflect an adjustment in TeamWorks billings.
$6,827
$6,827
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$16,640
$16,640
Transfer two Geographic Information System (GIS) positions and associated funds from the Forest Management ($84,328) and Forest Protection ($77,411) programs.
$161,739
$161,739
TUESDAY, MARCH 22, 2016
Establish a new contract with the OneGeorgia Authority for $450,000 for the reading, maintenance, and management of all aspects of the Agricultural Water Metering Program. (CC:No)
Amount appropriated in this Act
$0 $3,740,571
$0 $3,972,151
26.2. 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 fire suppression assistance to the Forest Protection
program.
Total Funds
$7,543,346
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
$2,850,043
State General Funds
$2,850,043
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 76) as amended
$2,861,831
$7,555,134
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$69,437
$69,437
Reflect an adjustment in merit system assessments. (CC:Yes)
$463
$463
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,640
$2,640
Transfer one GIS position and the associated funds to the Commission Administration program.
($84,328)
($84,328)
Amount appropriated in this Act
$2,850,043
$7,543,346
26.3. Forest Protection Purpose: The purpose of this appropriation is to ensure an aggressive and
3273
3274
JOURNAL OF THE HOUSE
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
$36,665,580
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
$29,662,587
State General Funds
$29,662,587
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$28,971,818
$35,974,811
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$719,369
$719,369
Reflect an adjustment in merit system assessments. (CC:Yes)
$4,799
$4,799
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$44,012
$44,012
Transfer one GIS position and the associated funds to the Commission Administration program.
($77,411)
($77,411)
Amount appropriated in this Act
$29,662,587
$36,665,580
26.4. Tree Seedling Nursery
Purpose: The purpose of this appropriation is to produce an adequate quantity of high-quality forest tree seedlings for sale at reasonable cost to Georgia landowners.
Total Funds
$1,207,080
Federal Funds and Grants
$133,717
Federal Funds Not Specifically Identified
$133,717
Other Funds
$1,073,363
Other Funds - Not Specifically Identified
$1,073,363
Section 27: Governor, Office of the Total Funds Federal Funds and Grants
$89,494,045 $30,120,112
TUESDAY, MARCH 22, 2016
3275
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds The Mansion allowance shall be $40,000.
$30,120,112 $908,356 $908,356
$58,465,577 $58,465,577
27.1. 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
27.2. Governor's Office
Purpose: The purpose of this appropriation is to provide numerous duties
including, but not limited to: granting commissions, appointments and
vacancies, maintaining order, and temporary transfer of institutions between
departments or agencies. The Mansion allowance per O.C.G.A. 45-7-4 shall be
$40,000.
Total Funds
$6,745,562
Other Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$6,645,562
State General Funds
$6,645,562
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,504,848
$6,604,848
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$148,647
$148,647
Reflect an adjustment in merit system assessments. (CC:Yes)
$2,614
$2,614
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($13,680)
($13,680)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$3,133
$3,133
Amount appropriated in this Act
$6,645,562
$6,745,562
3276
JOURNAL OF THE HOUSE
27.3. 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
$8,745,627
State Funds
$8,745,627
State General Funds
$8,745,627
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 76) as amended
$8,568,626
$8,568,626
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$167,611
$167,611
Reflect an adjustment in merit system assessments. (CC:Yes)
$2,090
$2,090
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$14,144
$14,144
Reflect an adjustment in TeamWorks billings.
($17,038)
($17,038)
Reflect an adjustment in payroll shared services billings.
$6,543
$6,543
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$3,651
$3,651
Amount appropriated in this Act
$8,745,627
$8,745,627
The following appropriations are for agencies attached for administrative purposes.
27.4. 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
$1,008,589
Federal Funds and Grants
$5,000
Federal Funds Not Specifically Identified
$5,000
State Funds
$1,003,589
State General Funds
$1,003,589
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$981,295
$986,295
TUESDAY, MARCH 22, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Amount appropriated in this Act
$22,517 $396
($1,127) $508
$1,003,589
$22,517 $396
($1,127) $508
$1,008,589
27.5. 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
$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 76) as amended
$824,505
$824,505
Transfer funds for supporting Georgia's children and families to the Office of Children and Families program in the Department of Public Health.
($824,505)
($824,505)
Amount appropriated in this Act
$0
$0
27.6. 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
$33,292,878
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
$2,781,840
State General Funds
$2,781,840
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
3277
3278
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Pursuant to SB 416 (2016 Session), increase funds for personnel to add two new analysts to work in the Georgia Information Sharing and Analysis Center to provide for Homeland Security Activity and cyber terrorism intelligence for the prevention and discovery of terrorist threats or attacks. (CC:Increase funds for personnel to add two new analysts to work in the Georgia Information Sharing and Analysis Center to provide for Homeland Security Activity and cyber terrorism intelligence for the prevention and discovery of terrorist threats or attacks.)
Amount appropriated in this Act
State Funds $2,534,416
$39,162 $288
($2,299) $1,151
$209,122
$2,781,840
Total Funds $33,045,454
$39,162 $288
($2,299) $1,151
$209,122
$33,292,878
27.7. 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
$689,838
State Funds
$689,838
State General Funds
$689,838
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$695,777
$695,777
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$15,932
$15,932
Reflect an adjustment in merit system assessments. (CC:Yes)
($130)
($130)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($22,100)
($22,100)
TUESDAY, MARCH 22, 2016
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Amount appropriated in this Act
$359 $689,838
$359 $689,838
27.8. 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
$7,464,220
Federal Funds and Grants
$411,930
Federal Funds Not Specifically Identified
$411,930
Other Funds
$500
Other Funds - Not Specifically Identified
$500
State Funds
$7,051,790
State General Funds
$7,051,790
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 76) as amended
$6,887,089
$7,299,519
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$167,199
$167,199
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,678
$1,678
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($7,587)
($7,587)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$3,411
$3,411
Amount appropriated in this Act
$7,051,790
$7,464,220
27.9. 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
$688,215
State Funds
$688,215
State General Funds
$688,215
3279
3280
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 76) as amended
$670,679
$670,679
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,799
$16,799
Reflect an adjustment in merit system assessments. (CC:Yes)
$192
$192
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$176
$176
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$369
$369
Amount appropriated in this Act
$688,215
$688,215
27.10. 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
$19,797,075
State Funds
$19,797,075
State General Funds
$19,797,075
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$19,574,080
$19,574,080
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$116,178
$116,178
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,064
$1,064
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$3,332
$3,332
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$2,421
$2,421
TUESDAY, MARCH 22, 2016
Utilize $500,000 in Innovation Grant funds to provide grants to local school systems to increase participation and achievement in AP STEAM courses. (CC:Increase funds and utilize $500,000 in Innovation Grant funds to provide grants to rural school systems to increase participation and achievement in AP STEM courses.)
Amount appropriated in this Act
$100,000 $19,797,075
$100,000 $19,797,075
3281
Section 28: Human Services, Department of
Total Funds
$1,775,574,796
Federal Funds and Grants
$1,102,177,888
CCDF Mandatory and Matching Funds (CFDA 93.596)
$209,161
Community Service Block Grant (CFDA 93.569)
$16,735,414
Foster Care Title IV-E (CFDA 93.658)
$91,875,031
Low-Income Home Energy Assistance (CFDA 93.568)
$56,629,642
Medical Assistance Program (CFDA 93.778)
$66,765,192
Social Services Block Grant (CFDA 93.667)
$52,776,023
TANF Transfers to Social Services Block Grant (CFDA 93.558)
$7,649,069
Temporary Assistance for Needy Families Block Grant (CFDA 93.558)
$323,092,670
Federal Funds Not Specifically Identified
$486,445,686
Other Funds
$30,832,966
Agency Funds
$2,841,500
Other Funds - Not Specifically Identified
$27,991,466
State Funds
$642,045,394
State General Funds
$642,045,394
Intra-State Government Transfers
$518,548
Other Intra-State Government Payments
$518,548
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
3282
JOURNAL OF THE HOUSE
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.
28.1. 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
$91,279,209
Federal Funds and Grants
$57,651,085
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$16,400,000
Federal Funds Not Specifically Identified
$41,251,085
Other Funds
$46,500
Other Funds - Not Specifically Identified
$46,500
State Funds
$33,581,624
State General Funds
$33,581,624
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$33,722,357
$91,198,734
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$172,177
$172,177
Reflect an adjustment in merit system assessments. (CC:Yes)
($834)
($834)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($90,868)
($90,868)
Reduce funds to reflect an increase in the Federal
($221,208)
$0
Medicaid Assistance Percentage (FMAP) from 67.55%
to 67.89%.
Amount appropriated in this Act
$33,581,624
$91,279,209
28.2. After School Care Purpose: The purpose of this appropriation is to expand the provision of after
TUESDAY, MARCH 22, 2016
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
(CFDA 93.558)
$15,500,000
28.3. 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
$14,826,944
Federal Funds and Grants
$13,500,229
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$3,072,670
Federal Funds Not Specifically Identified
$10,427,559
State Funds
$1,326,715
State General Funds
$1,326,715
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,275,033
$15,864,628
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,482
$5,482
Reflect an adjustment in merit system assessments. (CC:Yes)
($43)
($43)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,757)
($3,757)
Transfer the Maternal and Infant Early Childhood Home Visitation (MIECHV) grant to the Infant and Child Essential Health Treatment Services program in the Department of Public Health for home visiting services.
$0
($1,089,366)
Increase funds for child advocacy centers.
$50,000
$50,000
Amount appropriated in this Act
$1,326,715
$14,826,944
28.4. 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
28.5. Child Support Services Purpose: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.
3283
3284
JOURNAL OF THE HOUSE
Total Funds
$108,703,135
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
$29,060,121
State General Funds
$29,060,121
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 76) as amended
$28,819,045
$108,462,059
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$144,222
$144,222
Reflect an adjustment in merit system assessments. (CC:Yes)
($617)
($617)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($87,979)
($87,979)
Increase funds for 10 parent accountability court coordinators positions. (CC:Increase funds for 10 parent accountability court coordinators positions and reflect staggered start dates.)
$185,450
$185,450
Amount appropriated in this Act
$29,060,121
$108,703,135
28.6. 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
$346,875,867
Federal Funds and Grants
$188,454,201
Foster Care Title IV-E (CFDA 93.658)
$30,484,959
Medical Assistance Program (CFDA 93.778)
$240,261
Social Services Block Grant (CFDA 93.667)
$2,844,537
TANF Transfers to Social Services Block Grant (CFDA
93.558)
$7,649,069
Temporary Assistance for Needy Families Block Grant $120,247,997
(CFDA 93.558)
Federal Funds Not Specifically Identified
$26,987,378
State Funds
$158,298,878
State General Funds
$158,298,878
Intra-State Government Transfers
$122,788
TUESDAY, MARCH 22, 2016
Other Intra-State Government Payments
$122,788
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$141,978,657
$316,321,908
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,274,491
$5,274,491
Reflect an adjustment in merit system assessments. (CC:Yes)
$47,796
$47,796
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,033,486
$1,033,486
Reflect an adjustment in TeamWorks billings.
$63,279
$63,279
Provide funds for 175 additional child protective caseworkers.
$7,367,120
$8,840,544
Transfer TANF funds from the Out-of-Home Care program to reflect projected expenditures.
$0
$49,339,792
Provide funds for 10 additional kinship navigators.
$584,049
$584,049
Reduce funds to align budget with the Temporary Assistance for Needy Families Block Grant (TANF) notice of award.
$0
($36,579,478)
Provide funds to the Court Appointed Special Advocates (CASA) to enhance state-wide capacity for the program.
$750,000
$750,000
Increase funds to the Division of Family and Children Services (DFCS) Special Assistant Attorney Generals (SAAGs) for a $5 per hour increase. (CC:Increase funds to the Division of Family and Children Services (DFCS) Special Assistant Attorney Generals (SAAGs) for a $4 per hour increase.)
$1,200,000
$1,200,000
Amount appropriated in this Act
$158,298,878
$346,875,867
28.7. 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
28.8. 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
$100,939,229
Federal Funds and Grants
$51,697,276
CCDF Mandatory and Matching Funds (CFDA 93.596)
$209,161
3285
3286
JOURNAL OF THE HOUSE
Community Service Block Grant (CFDA 93.569)
$403,981
Foster Care Title IV-E (CFDA 93.658)
$4,241,528
Low-Income Home Energy Assistance (CFDA 93.568)
$674,420
Medical Assistance Program (CFDA 93.778)
$4,062,010
Social Services Block Grant (CFDA 93.667)
$2,539,375
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$8,406,561
Federal Funds Not Specifically Identified
$31,160,240
Other Funds
$12,828,542
Other Funds - Not Specifically Identified
$12,828,542
State Funds
$36,413,411
State General Funds
$36,413,411
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$36,133,992
$100,659,810
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$155,358
$155,358
Reflect an adjustment in merit system assessments. (CC:Yes)
($1,222)
($1,222)
Reflect an adjustment to agency premiums for
($106,471)
($106,471)
Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
($6,021)
($6,021)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$237,775
$237,775
Provide funds to the Division of Family and Children
$0
$0
Services (DFCS) Special Assistant Attorney Generals
(SAAGs) for a $5 per hour increase. (CC:Yes;
Recognize funds in Child Welfare Services program
within Department of Human Services.)
Amount appropriated in this Act
$36,413,411
$100,939,229
28.9. 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
$22,486,628
Federal Funds and Grants
$3,073,433
Social Services Block Grant (CFDA 93.667)
$2,279,539
Federal Funds Not Specifically Identified
$793,894
State Funds
$19,413,195
TUESDAY, MARCH 22, 2016
State General Funds
$19,413,195
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$16,664,077
$19,787,510
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$305,694
$305,694
July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
($563)
($563)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($209,499)
($209,499)
Increase funds for an additional 11 adult protective
$760,532
$760,532
services caseworkers.
Provide additional funds to cover adult protective
$266,497
$266,497
services caseworkers added in FY 2015 and FY 2016.
Increase funds to cover the loss of federal revenues and operational costs.
$1,626,457
$1,576,457
Amount appropriated in this Act
$19,413,195
$22,486,628
28.10. 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
$48,554,824
Federal Funds and Grants
$27,651,543
Social Services Block Grant (CFDA 93.667)
$3,761,430
Federal Funds Not Specifically Identified
$23,890,113
State Funds
$20,903,281
State General Funds
$20,903,281
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$71,099,477
$112,516,279
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$8,523
$8,523
Reflect an adjustment in merit system assessments. (CC:Yes)
($2,404)
($2,404)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,841)
($5,841)
Reduce funds to reflect an increase in the Federal
($570,699)
$0
Medicaid Assistance Percentage (FMAP) from 67.55%
to 67.89%.
Transfer the Community Care Services Program (CCSP) to the Medicaid Aged, Blind and Disabled program in the Department of Community Health.
($52,680,775)
($67,016,733)
3287
3288
JOURNAL OF THE HOUSE
Increase funds for 1,000 Non-Medicaid Home and Community Based Service slots.
Provide funds to transition 125 seniors from nursing homes into community settings. (CC:Increase funds to transition 167 seniors from nursing homes into community settings.)
Amount appropriated in this Act
$2,055,000 $1,000,000
$20,903,281
$2,055,000 $1,000,000
$48,554,824
28.11. 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
$10,749,592
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
$4,133,324
State General Funds
$4,133,324
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,628,538
$10,244,806
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$15,601
$15,601
Reflect an adjustment in merit system assessments. (CC:Yes)
($123)
($123)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($10,692)
($10,692)
Provide additional funds for Meals on Wheels and senior center nutrition programs.
$500,000
$500,000
Amount appropriated in this Act
$4,133,324
$10,749,592
28.12. 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
28.13. 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
$291,474,564
TUESDAY, MARCH 22, 2016
Federal Funds and Grants
$172,995,388
Community Service Block Grant (CFDA 93.569)
$221,296
Foster Care Title IV-E (CFDA 93.658)
$3,940,770
Low-Income Home Energy Assistance (CFDA 93.568)
$635,195
Medical Assistance Program (CFDA 93.778)
$61,290,102
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$22,261,277
Federal Funds Not Specifically Identified
$84,646,748
State Funds
$118,479,176
State General Funds
$118,479,176
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$107,245,814
$275,531,120
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$4,776,002
$4,776,002
Reflect an adjustment in merit system assessments. (CC:Yes)
$45,025
$45,025
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,032,211
$1,032,211
Increase funds to hire 180 additional eligibility caseworkers and for operational costs to avoid further federal penalties and sanctions.
$5,380,124
$10,090,206
Amount appropriated in this Act
$118,479,176
$291,474,564
28.14. 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
(CFDA 93.558)
$23,492,930
28.15. 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
$288,207,805
Federal Funds and Grants
$101,670,895
Foster Care Title IV-E (CFDA 93.658)
$52,588,511
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$48,850,460
3289
3290
JOURNAL OF THE HOUSE
Federal Funds Not Specifically Identified
$231,924
State Funds
$186,536,910
State General Funds
$186,536,910
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$81,687,918
$219,595,868
Transfer TANF to the Child Welfare Services program to reflect projected expenditures.
$0
($49,339,792)
Increase funds for growth in Out-of-Home Care utilization.
$51,482,167
$64,352,709
Replace prior year Temporary Assistance for Needy Families (TANF) funds with state funds.
$49,339,792
$49,339,792
Reduce funds to reflect an increase in the Federal
($232,195)
$0
Medicaid Assistance Percentage (FMAP) from 67.55%
to 67.89%.
Provide funds for a 1.5% provider rate increase for Child Caring Institutions, Child Placing Agencies, foster parents, and relatives.
$4,259,228
$4,259,228
Amount appropriated in this Act
$186,536,910
$288,207,805
28.16. 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
28.17. 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.
Total Funds
$2,259,463
Federal Funds and Grants
$619,263
Foster Care Title IV-E (CFDA 93.658)
$619,263
State Funds
$1,640,200
State General Funds
$1,640,200
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,638,040
$2,257,303
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$7,043
$7,043
Reflect an adjustment in merit system assessments. (CC:Yes)
($56)
($56)
TUESDAY, MARCH 22, 2016
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
($4,827) $1,640,200
($4,827) $2,259,463
28.18. 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
(CFDA 93.558)
$48,306,610
State Funds
$100,000
State General Funds
$100,000
28.19. 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
$24,254,980
Federal Funds and Grants
$24,154,980
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$16,554,165
Federal Funds Not Specifically Identified
$7,600,815
State Funds
$100,000
State General Funds
$100,000
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 76) as amended
$0
$19,154,980
Increase funds to provide the state match to implement the Supplemental Nutrition Assistance Program (SNAP) Employment and Training Grant.
$100,000
$5,100,000
Amount appropriated in this Act
$100,000
$24,254,980
The following appropriations are for agencies attached for administrative purposes.
28.20. 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
$238,656
3291
3292
JOURNAL OF THE HOUSE
State Funds
$238,656
State General Funds
$238,656
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$232,731
$232,731
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$5,823
$5,823
Reflect an adjustment in merit system assessments. (CC:Yes)
$102
$102
Amount appropriated in this Act
$238,656
$238,656
28.21. 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
$9,995,967
Federal Funds and Grants
$1,172,819
Medical Assistance Program (CFDA 93.778)
$1,172,819
State Funds
$8,823,148
State General Funds
$8,823,148
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 76) as amended
$8,664,148
$9,836,967
Provide funds to increase each county's allocation from $46,000 to $47,000.
$159,000
$159,000
Amount appropriated in this Act
$8,823,148
$9,995,967
28.22. 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
$3,242,461
Federal Funds and Grants
$2,919,976
Federal Funds Not Specifically Identified
$2,919,976
Other Funds
$36,000
Other Funds - Not Specifically Identified
$36,000
State Funds
$286,485
State General Funds
$286,485
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
State Funds $282,801 $3,903
$69 ($288)
$286,485
Total Funds $3,238,777
$3,903
$69 ($288)
$3,242,461
28.23. 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
$8,806,757
Federal Funds and Grants
$7,474,248
Federal Funds Not Specifically Identified
$7,474,248
Other Funds
$45,000
Other Funds - Not Specifically Identified
$45,000
State Funds
$1,287,509
State General Funds
$1,287,509
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,461,659
$9,565,509
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$20,175
$20,175
Reflect an adjustment in merit system assessments. (CC:Yes)
$355
$355
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,488)
($1,488)
Transfer savings from contractual services to the Vocational Rehabilitation program for additional services for consumers.
($34,971)
($34,971)
Transfer 12 positions to the Vocational Rehabilitation program to align position functions.
($158,221)
($742,823)
Encourage the Georgia Vocational Rehabilitation
$0
$0
Agency to create third-party cooperative arrangements
with the Technical College System of Georgia to
maximize financial assistance for vocational
rehabilitation clients. (CC:Yes)
Amount appropriated in this Act
$1,287,509
$8,806,757
3293
3294
JOURNAL OF THE HOUSE
28.24. 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
28.25. 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
28.26. 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
$1,600,000
State Funds
$1,600,000
State General Funds
$1,600,000
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 76) as amended
$2,069,043
$2,069,043
Reduce funds based on projected expenditures.
($469,043)
($469,043)
Amount appropriated in this Act
$1,600,000
$1,600,000
28.27. 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
$102,845,959
Federal Funds and Grants
$77,495,108
Federal Funds Not Specifically Identified
$77,495,108
Other Funds
$5,528,090
Other Funds - Not Specifically Identified
$5,528,090
State Funds
$19,822,761
State General Funds
$19,822,761
TUESDAY, MARCH 22, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$19,294,878
$101,733,474
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$266,322
$266,322
Reflect an adjustment in merit system assessments. (CC:Yes)
$4,684
$4,684
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($19,642)
($19,642)
Reflect an adjustment in TeamWorks billings.
$3,327
$3,327
Transfer savings from contractual services from the Georgia Vocational Rehabilitation Agency: Departmental Administration program for additional services for consumers.
$34,971
$34,971
Transfer 12 positions from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to align position functions.
$158,221
$742,823
Increase funds for Speech, Hearing and Rehabilitation Enterprises of Coastal Georgia, Inc. (SHARE). (CC:Transfer $40,000 from the Technical College System of Georgia and increase funds to match federal funds for Speech, Hearing and Rehabilitation Enterprises of Coastal Georgia, Inc. (SHARE).)
$80,000
$80,000
Amount appropriated in this Act
$19,822,761
$102,845,959
3295
Section 29: 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
29.1. 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
$1,926,514
State Funds
$1,926,514
State General Funds
$1,926,514
$21,447,629 $733,208 $733,208 $339,026 $334,026 $5,000
$20,375,395 $20,375,395
3296
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 76) as amended
$1,866,817
$1,866,817
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$48,785
$48,785
Reflect an adjustment in merit system assessments. (CC:Yes)
$527
$527
Reflect an adjustment to agency premiums for
($5,927)
($5,927)
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in TeamWorks billings.
$4,553
$4,553
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$11,759
$11,759
Amount appropriated in this Act
$1,926,514
$1,926,514
29.2. 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
$807,778
State Funds
$807,778
State General Funds
$807,778
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 76) as amended
$789,431
$789,431
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$20,630
$20,630
Reflect an adjustment in merit system assessments. (CC:Yes)
$223
$223
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,506)
($2,506)
Amount appropriated in this Act
$807,778
$807,778
29.3. 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
TUESDAY, MARCH 22, 2016
manufactured housing, and regulating the storage, transportation, and
handling of hazardous materials.
Total Funds
$8,120,803
Federal Funds and Grants
$727,000
Federal Funds Not Specifically Identified
$727,000
Other Funds
$339,026
Agency Funds
$334,026
Other Funds - Not Specifically Identified
$5,000
State Funds
$7,054,777
State General Funds
$7,054,777
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 76) as amended
$6,894,544
$7,960,570
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$180,173
$180,173
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,947
$1,947
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($21,887)
($21,887)
Amount appropriated in this Act
$7,054,777
$8,120,803
29.4. 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
$683,742
State Funds
$683,742
State General Funds
$683,742
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$668,212
$668,212
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$17,462
$17,462
Reflect an adjustment in merit system assessments. (CC:Yes)
$189
$189
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,121)
($2,121)
Amount appropriated in this Act
$683,742
$683,742
3297
3298
JOURNAL OF THE HOUSE
29.5. 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
$9,908,792
Federal Funds and Grants
$6,208
Federal Funds Not Specifically Identified
$6,208
State Funds
$9,902,584
State General Funds
$9,902,584
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$9,677,670
$9,683,878
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$252,904
$252,904
Reflect an adjustment in merit system assessments. (CC:Yes)
$2,733
$2,733
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($30,723)
($30,723)
Amount appropriated in this Act
$9,902,584
$9,908,792
Section 30: 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
$206,727,014 $50,308,267 $991,680 $49,316,587 $24,658,236 $24,658,236
$131,760,511 $131,760,511
30.1. Bureau Administration
Purpose: The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property.
Total Funds
$8,162,822
Federal Funds and Grants
$12,600
Federal Funds Not Specifically Identified
$12,600
TUESDAY, MARCH 22, 2016
State Funds
$8,150,222
State General Funds
$8,150,222
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 76) as amended
$7,912,855
$7,925,455
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$114,276
$114,276
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,082
$1,082
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($714)
($714)
Reflect an adjustment in TeamWorks billings.
$73,498
$73,498
Reflect an adjustment in payroll shared services billings.
$869
$869
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$48,356
$48,356
Amount appropriated in this Act
$8,150,222
$8,162,822
30.2. 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
$11,043,110
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
$4,610,531
State General Funds
$4,610,531
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,392,764
$10,825,343
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$215,388
$215,388
Reflect an adjustment in merit system assessments. (CC:Yes)
$2,039
$2,039
3299
3300
JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in payroll shared services billings.
Amount appropriated in this Act
($1,773)
$2,113 $4,610,531
($1,773)
$2,113 $11,043,110
30.3. 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
$35,282,847
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
$35,058,851
State General Funds
$35,058,851
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$32,984,331
$33,208,327
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$835,259
$835,259
Reflect an adjustment in merit system assessments. (CC:Yes)
$7,908
$7,908
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,382)
($5,382)
Reflect an adjustment in payroll shared services billings.
$6,240
$6,240
Increase funds for five toxicology scientist positions. (CC:Increase funds for five toxicology scientist positions and reflect staggered start dates.)
$762,904
$762,904
Increase funds for four scientist positions. (CC:Increase funds for five scientist positions and reflect staggered start dates.)
$467,591
$467,591
Amount appropriated in this Act
$35,058,851
$35,282,847
30.4. 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
TUESDAY, MARCH 22, 2016
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
$41,421,233
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
$40,192,969
State General Funds
$40,192,969
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 76) as amended
$36,084,275
$37,312,539
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$919,954
$919,954
Reflect an adjustment in merit system assessments. (CC:Yes)
$8,710
$8,710
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($6,191)
($6,191)
Reflect an adjustment in payroll shared services billings.
$6,773
$6,773
Increase funds for 20 investigator positions to address increased investigative caseloads statewide. (CC:Increase funds for 22 investigator positions to address increased investigative caseloads statewide and reflect staggered start dates. )
$3,053,204
$3,053,204
Reduce one-time funds.
($844,098)
($844,098)
Increase funds for personnel for two analyst positions.
$0
$0
(CC:No)
Pursuant to SB 416 (2016 Session), increase funds for personnel to add two new analysts to work in the Georgia Information Sharing and Analysis Center and assist with overall analysis and investigations of criminal threats and assist with cyber terrorism intelligence for the prevention and discovery of terrorist threats or attacks. (CC:Increase funds for personnel to add two new analysts to work in the Georgia Information Sharing and Analysis Center to assist with overall analysis and investigations of criminal threats and cyber terrorism intelligence for the prevention and discovery of terrorist threats or attacks.)
$209,122
$209,122
Provide additional funds to retain law enforcement officers.
$761,220
$761,220
Amount appropriated in this Act
$40,192,969
$41,421,233
The following appropriations are for agencies attached for administrative purposes.
3301
3302
JOURNAL OF THE HOUSE
30.5. 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
$98,020,332
Federal Funds and Grants
$48,948,786
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$991,680
Federal Funds Not Specifically Identified
$47,957,106
Other Funds
$18,120,278
Other Funds - Not Specifically Identified
$18,120,278
State Funds
$30,951,268
State General Funds
$30,951,268
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$27,634,621
$94,703,685
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$28,318
$28,318
Reflect an adjustment in merit system assessments. (CC:Yes)
$366
$366
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,864)
($1,864)
Reflect an adjustment in TeamWorks billings.
$1,937
$1,937
Reflect an adjustment in payroll shared services billings.
$1,303
$1,303
Transfer funds to the Council of Accountability Court Judges program at the Judicial Council for personal services and operating costs to support IT infrastructure, research, case management, and statewide reporting pursuant to HB 328 (2015 Session).
($156,631)
($156,631)
Increase funds for the Accountability Court Grants Program to expand and create adult felony drug courts.
$1,545,589
$1,545,589
Increase funds for the Accountability Court Grants Program to expand existing courts and provide the state match to implement and support new veterans' courts.
$461,735
$461,735
Increase funds for the Accountability Court Grants Program to expand and create mental health accountability courts.
$638,725
$638,725
Increase funds for the Accountability Court Grants Program to expand and create family dependency treatment courts.
$256,604
$256,604
Increase funds for the Accountability Court Grants Program to expand DUI accountability courts.
$390,175
$390,175
Increase funds to expand the Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders.
$250,000
$250,000
TUESDAY, MARCH 22, 2016
Increase funds for the Accountability Court Grants Program to provide fidelity reviews and technical monitoring for treatment providers. (CC:Increase funds for the Juvenile Incentive Funding Grant Program to provide fidelity reviews and technical monitoring for treatment providers.)
Increase funds for the Accountability Court Grants Program to enter into an agreement with the Department of Driver Services to provide one position for a dedicated call center for driver's license reinstatement.
Transfer funds to establish the new administrative staff for the Council of Accountability Court Judges Program at the Criminal Justice Coordinating Council pursuant to HB 328 (2015 Session).
Amount appropriated in this Act
$247,000
$50,000 ($396,610) $30,951,268
$247,000
$50,000 ($396,610) $98,020,332
30.6. Criminal Justice Coordinating Council: Council of Accountability Court
Judges
Purpose: The purpose of this appropriation is to support adult felony drug
courts, DUI courts, juvenile drug courts, family dependency treatment courts,
mental health courts, and veteran's courts, as well as the Council of
Accountability Court Judges. 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
$403,247
State Funds
$403,247
State General Funds
$403,247
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$6,637
$6,637
Transfer funds from the Criminal Justice Coordinating Council (CJCC) program to establish the administrative staff for the Council of Accountability Court Judges program at CJCC pursuant to HB 328 (2015 Session).
$396,610
$396,610
Amount appropriated in this Act
$403,247
$403,247
30.7. 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
$12,393,423
State Funds
$12,393,423
State General Funds
$12,393,423
3303
3304
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 76) as amended
$12,032,450
$12,032,450
Provide funds for a 3% increase in grants for domestic violence shelters and sexual assault centers.
$360,973
$360,973
Amount appropriated in this Act
$12,393,423
$12,393,423
Section 31: 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
$334,149,429 $6,804,611 $1,495,178 $5,309,433 $340,165 $340,165
$327,004,653 $327,004,653
31.1. 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
$95,516,392
Federal Funds and Grants
$2,189,222
Foster Care Title IV-E (CFDA 93.658)
$1,495,178
Federal Funds Not Specifically Identified
$694,044
Other Funds
$300,305
Other Funds - Not Specifically Identified
$300,305
State Funds
$93,026,865
State General Funds
$93,026,865
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$86,143,081
$88,632,608
TUESDAY, MARCH 22, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
Transfer funds from the Secure Commitment (YDCs) program for 16 school resource officer positions to be located at the five newly created Regional Educational Transition Centers.
Transfer funds from the Secure Commitment (YDCs) program for Commercial Sexual Exploitation of Children (CSEC) Victims' Facility operations.
Transfer funds from the Secure Commitment (YDCs) program for 40 step-down slots as part of juvenile justice reform initiatives.
Transfer funds from the Secure Commitment (YDCs) program to implement a salary increase for juvenile probation and parole officers.
Provide funds for a 1.5% provider rate increase for Child Caring Institutions.
Amount appropriated in this Act
$1,443,914 $5,277
($18,392) $5,299
$981,169
$402,726 $2,727,088 $1,064,603
$272,100 $93,026,865
$1,443,914 $5,277
($18,392) $5,299
$981,169
$402,726 $2,727,088 $1,064,603
$272,100 $95,516,392
31.2. 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
$24,825,372
Federal Funds and Grants
$743,202
Federal Funds Not Specifically Identified
$743,202
Other Funds
$18,130
Other Funds - Not Specifically Identified
$18,130
State Funds
$24,064,040
State General Funds
$24,064,040
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 76) as amended
$23,535,119
$24,296,451
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$392,382
$392,382
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,434
$1,434
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,820)
($3,820)
3305
3306
JOURNAL OF THE HOUSE
Reflect an adjustment in TeamWorks billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
Amount appropriated in this Act
$8,843 $122,969
$7,113 $24,064,040
$8,843 $122,969
$7,113 $24,825,372
31.3. 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
$94,134,322
Federal Funds and Grants
$2,470,420
Federal Funds Not Specifically Identified
$2,470,420
Other Funds
$17,748
Other Funds - Not Specifically Identified
$17,748
State Funds
$91,646,154
State General Funds
$91,646,154
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$93,787,929
$96,276,097
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,882,462
$1,882,462
Reflect an adjustment in merit system assessments. (CC:Yes)
$6,879
$6,879
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($24,790)
($24,790)
Reflect an adjustment in TeamWorks billings.
$5,279
$5,279
Transfer funds to the Community Services program for 40 step-down slots as part of juvenile justice reform initiatives.
($2,727,088)
($2,727,088)
Transfer funds to the Community Services program for Commercial Sexual Exploitation of Children (CSEC) Victims' Facility operations.
($402,726)
($402,726)
Transfer funds to the Community Services program to implement a salary increase for juvenile probation and parole officers.
($1,064,603)
($1,064,603)
TUESDAY, MARCH 22, 2016
Transfer funds to the Community Services program to provide for 16 school resource officer positions to be located at the five newly created Regional Educational Transition Centers.
Utilize anticipated savings of $281,471 from the Milan YDC to support the Residential Substance Abuse Treatment (RSAT) program. (CC:Yes)
Utilize anticipated savings of $1,180,721 from the Milan YDC to fill vacancies as efforts to promote recruitment and retention are implemented. (CC:Yes)
Transfer funds to the Secure Detention (RYDCs) program for facility sustainment costs.
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
Redirect $461,550 in funds from the Milan Youth Development Campus to support facility sustainment costs. (CC:Reduce funds from the closure of the Milan Youth Development Campus.)
Amount appropriated in this Act
($981,169)
$0 $0 ($683,736) $2,309,267 ($461,550)
$91,646,154
($981,169)
$0 $0 ($683,736) $2,309,267 ($461,550)
$94,134,322
31.4. 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
$119,673,343
Federal Funds and Grants
$1,401,767
Federal Funds Not Specifically Identified
$1,401,767
Other Funds
$3,982
Other Funds - Not Specifically Identified
$3,982
State Funds
$118,267,594
State General Funds
$118,267,594
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$109,292,919
$110,698,668
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$2,503,459
$2,503,459
Reflect an adjustment in merit system assessments. (CC:Yes)
$9,149
$9,149
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($32,786)
($32,786)
Reflect an adjustment in TeamWorks billings.
$6,609
$6,609
3307
3308
JOURNAL OF THE HOUSE
Increase funds to provide for an additional salary increase for security officers to address recruitment and retention issues in the highest turnover job classes.
Transfer funds from the Secure Commitment (YDCs) program for facility sustainment costs.
Increase funds to add 63 positions and operational funds for security management, education, and medical services at Terrell Regional Youth Detention Center effective October 1, 2016.
Develop a plan to address the closure of Gwinnett RYDC, that includes cooperative construction of a juvenile justice facility incorporating recommendations of HB 242 (2013 Session). (CC:Yes)
Amount appropriated in this Act
$3,136,979 $683,736
$2,667,529
$0
$118,267,594
$3,136,979 $683,736
$2,667,529
$0
$119,673,343
Section 32: 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
$132,594,973 $117,319,857 $117,319,857
$1,842,251 $1,842,251 $13,292,592 $13,292,592
$140,273 $140,273
32.1. 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
$33,907,300
Federal Funds and Grants
$31,312,292
Federal Funds Not Specifically Identified
$31,312,292
Other Funds
$772,585
Other Funds - Not Specifically Identified
$772,585
State Funds
$1,682,150
State General Funds
$1,682,150
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 76) as amended
$1,638,327
$33,863,477
TUESDAY, MARCH 22, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Amount appropriated in this Act
$19,185 $89
($489) $19,997
$5,041
$1,682,150
$19,185 $89
($489) $19,997
$5,041
$33,907,300
32.2. 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
$2,394,639
Federal Funds and Grants
$2,394,639
Federal Funds Not Specifically Identified
$2,394,639
32.3. 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
$38,914,033
Federal Funds and Grants
$34,599,186
Federal Funds Not Specifically Identified
$34,599,186
State Funds
$4,314,847
State General Funds
$4,314,847
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 76) as amended
$4,228,565
$38,827,751
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$90,571
$90,571
Reflect an adjustment in merit system assessments. (CC:Yes)
$421
$421
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,710)
($4,710)
Utilize existing state funds for the collection of administrative assessments. (CC:Yes)
$0
$0
Amount appropriated in this Act
$4,314,847
$38,914,033
3309
3310
JOURNAL OF THE HOUSE
32.4. 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
$57,379,001
Federal Funds and Grants
$49,013,740
Federal Funds Not Specifically Identified
$49,013,740
Other Funds
$1,069,666
Other Funds - Not Specifically Identified
$1,069,666
State Funds
$7,295,595
State General Funds
$7,295,595
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,173,431
$57,256,837
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$127,293
$127,293
Reflect an adjustment in merit system assessments. (CC:Yes)
$592
$592
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,721)
($5,721)
Amount appropriated in this Act
$7,295,595
$57,379,001
Section 33: 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.
33.1. 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
$71,909,912 $3,597,990 $3,597,990 $37,256,814 $37,256,814 $31,055,108 $31,055,108
TUESDAY, MARCH 22, 2016
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 76) as amended
$4,818,706
$5,486,395
Transfer funds, 65 positions, and two vehicles to the Department of Law program to consolidate consumer protection activities.
($4,818,706)
($5,486,395)
Amount appropriated in this Act
$0
$0
33.2. 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
$66,969,400
Other Funds
$37,254,703
Other Funds - Not Specifically Identified
$37,254,703
State Funds
$29,714,697
State General Funds
$29,714,697
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 76) as amended
$20,814,264
$57,401,278
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$827,773
$827,773
Reflect an adjustment in merit system assessments. (CC:Yes)
$7,953
$7,953
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($43,047)
($43,047)
Reflect an adjustment in TeamWorks billings.
$6,803
$6,803
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$19,445
$19,445
Transfer funds, 65 positions, and two vehicles from the Consumer Protection program to consolidate consumer protection activities.
$4,818,706
$5,486,395
Increase funds to implement a new salary structure to target attorneys with up to 15 years of experience and to address salary compression for more experienced attorneys.
$2,400,000
$2,400,000
3311
3312
JOURNAL OF THE HOUSE
Increase funds to retain key attorneys and develop future agency leaders. Increase funds to establish a fellowship program to recruit top talent for the agency.
Amount appropriated in this Act
$569,800 $293,000 $29,714,697
$569,800 $293,000 $66,969,400
33.3. 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
$4,940,512
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
$1,340,411
State General Funds
$1,340,411
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,308,368
$4,908,469
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$31,489
$31,489
Reflect an adjustment in merit system assessments. (CC:Yes)
$554
$554
Amount appropriated in this Act
$1,340,411
$4,940,512
Section 34: 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 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
$249,232,645 $46,510,538
$11,607
$46,498,931 $96,919,142 $23,957,835 $72,961,307 $105,802,965 $105,802,965
TUESDAY, MARCH 22, 2016
needs of the Division. This provision shall not apply to revenues collected from a state park's parking pass implemented by the Department.
34.1. Coastal Resources
Purpose: The purpose of this appropriation is to preserve the natural,
environmental, historic, archaeological, and recreational resources of the
state's coastal zone by balancing economic development with resource
preservation and improvement by assessing and restoring coastal wetlands, by
regulating development within the coastal zone, by promulgating and
enforcing rules and regulations to protect the coastal wetlands, by monitoring
the population status of commercially and recreationally fished species and
developing fishery management plans, by providing fishing education, and by
constructing and maintaining artificial reefs.
Total Funds
$7,354,450
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
$2,191,904
State General Funds
$2,191,904
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,137,916
$7,300,462
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$56,273
$56,273
Reflect an adjustment in merit system assessments. (CC:Yes)
$410
$410
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,695)
($2,695)
Amount appropriated in this Act
$2,191,904
$7,354,450
34.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$12,268,587
Federal Funds and Grants
$110,000
Federal Funds Not Specifically Identified
$110,000
Other Funds
$39,065
Other Funds - Not Specifically Identified
$39,065
State Funds
$12,119,522
State General Funds
$12,119,522
3313
3314
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 76) as amended
$11,845,766
$11,994,831
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$204,231
$204,231
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,489
$1,489
Reflect an adjustment to agency premiums for
($8,653)
($8,653)
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in TeamWorks billings.
$32,242
$32,242
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$44,447
$44,447
Amount appropriated in this Act
$12,119,522
$12,268,587
34.3. 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
$111,212,513
Federal Funds and Grants
$24,910,777
Federal Funds Not Specifically Identified
$24,910,777
Other Funds
$55,793,855
Agency Funds
$23,957,835
Other Funds - Not Specifically Identified
$31,836,020
State Funds
$30,507,881
TUESDAY, MARCH 22, 2016
State General Funds
$30,507,881
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$30,054,296
$110,758,928
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$553,982
$553,982
July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
$4,039
$4,039
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($104,436)
($104,436)
Reduce funds. (CC:No)
$0
$0
Amount appropriated in this Act
$30,507,881
$111,212,513
34.4. 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
34.5. 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
$2,738,045
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
$1,717,258
State General Funds
$1,717,258
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
3315
3316
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Provide funds for one architectural reviewer.
Amount appropriated in this Act
State Funds $1,628,998
$33,802
$246 ($3,788)
$58,000 $1,717,258
Total Funds $2,649,785
$33,802
$246 ($3,788)
$58,000 $2,738,045
34.6. 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, archaeological, 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
$21,364,914
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
$19,112,799
State General Funds
$19,112,799
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$18,174,399
$20,426,514
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$502,821
$502,821
Reflect an adjustment in merit system assessments. (CC:Yes)
$3,666
$3,666
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($31,724)
($31,724)
Provide additional funds to retain law enforcement officers.
$463,637
$463,637
Amount appropriated in this Act
$19,112,799
$21,364,914
34.7. 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
TUESDAY, MARCH 22, 2016
historic sites.
Total Funds
$49,148,768
Federal Funds and Grants
$1,704,029
Federal Funds Not Specifically Identified
$1,704,029
Other Funds
$32,391,791
Other Funds - Not Specifically Identified
$32,391,791
State Funds
$15,052,948
State General Funds
$15,052,948
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 76) as amended
$14,796,763
$48,892,583
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$179,980
$179,980
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,312
$1,312
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($6,526)
($6,526)
Provide funds for raising sunken vessels causing navigational hazards in Lake Lanier.
$25,000
$25,000
Provide additional funds to retain law enforcement officers.
$56,419
$56,419
Amount appropriated in this Act
$15,052,948
$49,148,768
34.8. Solid Waste Trust Fund
Purpose: The purpose of this appropriation is to fund the administration of the
scrap tire management activity; 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
34.9. 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
$38,397,170
Federal Funds and Grants
$11,461,866
3317
3318
JOURNAL OF THE HOUSE
Federal Funds Not Specifically Identified
$11,461,866
Other Funds
$8,582,849
Other Funds - Not Specifically Identified
$8,582,849
State Funds
$18,352,455
State General Funds
$18,352,455
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$17,924,057
$37,968,772
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$418,650
$418,650
Reflect an adjustment in merit system assessments. (CC:Yes)
$3,052
$3,052
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($46,059)
($46,059)
Provide additional funds to retain law enforcement officers.
$52,755
$52,755
Amount appropriated in this Act
$18,352,455
$38,397,170
Section 35: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$17,258,262 $806,050 $806,050
$16,452,212 $16,452,212
35.1. Board Administration
Purpose: The purpose of this appropriation is to provide administrative support for the agency.
Total Funds
$1,092,352
State Funds
$1,092,352
State General Funds
$1,092,352
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 76) as amended
$1,319,596
$1,319,596
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$17,773
$17,773
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,653
$1,653
TUESDAY, MARCH 22, 2016
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
Reflect an adjustment in payroll shared services billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Transfer funds and two positions to the Department of Community Supervision's Departmental Administration program.
Amount appropriated in this Act
($25,303) ($85,053) ($30,809)
$5,415
($110,920) $1,092,352
($25,303) ($85,053) ($30,809)
$5,415
($110,920) $1,092,352
35.2. Clemency Decisions
Purpose: The purpose of this appropriation is to support the Board in exercising its constitutional authority over executive clemency. This includes setting tentative parole dates for offenders in the correctional system and all aspects of parole status of offenders in the community including warrants, violations, commutations, and revocations. The Board coordinates all interstate compact release matters regarding the acceptance and placement of parolees into and from the State of Georgia and administers the pardon process by reviewing all applications and granting or denying these applications based on specific criteria.
Total Funds
$15,674,393
Federal Funds and Grants
$806,050
Federal Funds Not Specifically Identified
$806,050
State Funds
$14,868,343
State General Funds
$14,868,343
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$12,262,630
$12,262,630
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$407,879
$407,879
Reflect an adjustment in merit system assessments. (CC:Yes)
$5,961
$5,961
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($127,019)
($127,019)
Reflect a change in the program purpose statement. (CC:Yes)
$0
$0
Transfer funds from the Department of Community Supervision's Field Services program to accurately reflect real estate rental costs.
$16,528
$16,528
3319
3320
JOURNAL OF THE HOUSE
Transfer funds from the Governor's Office of Transition, Support, and Re-Entry to accurately reflect real estate rental costs. Transfer funds and 20 positions from the Parole Supervision program.
Amount appropriated in this Act
$129,115 $2,173,249 $14,868,343
$129,115 $2,979,299 $15,674,393
35.3. 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
$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 76) as amended
$31,782,779
$32,588,829
Transfer funds and 20 positions to the Clemency Decisions program.
($2,173,249)
($2,979,299)
Transfer funds and 480 positions to the Department of Community Supervision's Field Services program.
($29,217,168)
($29,217,168)
Transfer funds and four positions to the Governor's Office of Transition, Support, and Reentry.
($392,362)
($392,362)
Amount appropriated in this Act
$0
$0
35.4. 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
$491,517
State Funds
$491,517
State General Funds
$491,517
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$482,110
$482,110
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$13,276
$13,276
Reflect an adjustment in merit system assessments. (CC:Yes)
$179
$179
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,048)
($4,048)
TUESDAY, MARCH 22, 2016
Amount appropriated in this Act
$491,517
$491,517
3321
Section 36: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified
36.1. State Properties Commission
Purpose: The purpose of this appropriation is to maintain long-term plans for
state buildings and land; to compile an accessible database of state-owned and
leased real property with information about utilization, demand management,
and space standards; and to negotiate better rates in the leasing market and
property acquisitions and dispositions.
Total Funds
$1,750,000
Other Funds
$1,750,000
Other Funds - Not Specifically Identified
$1,750,000
$1,750,000 $1,750,000 $1,750,000
Section 37: Public Defender Council, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$52,239,327 $340,000 $340,000
$51,899,327 $51,899,327
37.1. Public Defender Council
Purpose: The purpose of this appropriation is to fund the Office of the Georgia
Capital Defender, Office of the Mental Health Advocate, Central Office, and
the administration of the Conflict Division.
Total Funds
$7,844,759
Other Funds
$340,000
Other Funds - Not Specifically Identified
$340,000
State Funds
$7,504,759
State General Funds
$7,504,759
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$7,097,779
$7,437,779
Reflect an adjustment in merit system assessments. (CC:Yes)
$584
$584
3322
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in TeamWorks billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Reflect a change in the program purpose statement. (CC:Yes) Reflect a change in the program name. (CC:Yes)
Increase funds to hire an additional trial team for the Georgia Capital Defender and assign the fact investigator to the Atlanta office. (CC:Yes; Increase funds to hire an additional fact investigator for the Atlanta office and reflect the additional trial team in the Public Defenders program.)
Increase funds for one additional attorney position for the Office of the Mental Health Advocate.
Amount appropriated in this Act
$166,949 $2,318
$13,501 $44,516
$0 $0 $65,136
$113,976 $7,504,759
$166,949 $2,318
$13,501 $44,516
$0 $0 $65,136
$113,976 $7,844,759
37.2. Public Defenders
Purpose: The purpose of this appropriation is to assure that adequate and
effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to
representation under this chapter; provided that staffing for circuits are based
on O.C.G.A. 17-12; including providing representation to clients in cases
where the Capital Defender or a circuit public defender has a conflict of
interest.
Total Funds
$44,394,568
State Funds
$44,394,568
State General Funds
$44,394,568
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$40,923,986
$40,923,986
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$978,931
$978,931
Reflect an adjustment in merit system assessments. (CC:Yes)
$3,425
$3,425
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,390
$6,390
TUESDAY, MARCH 22, 2016
Reflect an adjustment in TeamWorks billings.
Reflect a change in the program purpose statement. (CC:Yes)
Increase funds to annualize an additional assistant public defender position to reflect a new judgeship in the Western judicial circuit.
Increase funds to annualize a 5% salary enhancement to circuit public defender salaries and a $6,000 accountability court supplement.
Increase funds to reflect an accountability court supplement for circuit public defenders for six newly established accountability courts in the following circuits: Cordele, Houston, Middle, Paulding, Rome, and Toombs.
Increase state funds for 20 additional juvenile public defenders. (CC:Increase state funds for 15 additional juvenile public defenders to maintain parity with assistant district attorneys and reflect staggered start dates. )
Increase funds to provide salary and operating expenses in accordance with the Cordele settlement agreement.
Increase funds to hire an additional trial team for the Georgia Capital Defender and assign the fact investigator to the Atlanta office. (CC:Increase funds to hire an additional trial team for the Georgia Capital Defender.)
Reduce funds to reflect savings associated with the purchase of new vehicles.
Increase funds for additional assistant public defender position to reflect a new judgeship in the Clayton judicial circuit per HB 804 (2016 Session). (CC:Increase funds for additional assistant public defender position to reflect a new judgeship in the Clayton judicial circuit per HB 804 (2016 Session) and reflect January 1, 2017 start date.)
Increase funds for personal services for recruitment, retention, and career advancement of assistant public defenders.
Amount appropriated in this Act
$1,302 $0
$54,132 $361,202 $55,829
$922,639
$118,000 $350,065
($163,715) $41,006
$741,376 $44,394,568
$1,302 $0
$54,132 $361,202 $55,829
$922,639
$118,000 $350,065
($163,715) $41,006
$741,376 $44,394,568
3323
Section 38: Public Health, Department of Total Funds Federal Funds and Grants Maternal and Child Health Services Block Grant (CFDA 93.994) Medical Assistance Program (CFDA 93.778) 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
$671,753,606 $397,247,775
$16,864,606 $246,842
$2,403,579 $10,404,529 $367,328,219 $13,816,542
3324
JOURNAL OF THE HOUSE
Agency Funds Other Funds - Not Specifically Identified State Funds Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments
$644,830 $13,171,712 $260,498,772 $1,325,935 $245,454,977 $13,717,860
$190,517 $190,517
38.1. 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
$33,637,277
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
(CFDA 93.558)
$10,404,529
Federal Funds Not Specifically Identified
$8,397,424
Other Funds
$745,000
Other Funds - Not Specifically Identified
$745,000
State Funds
$13,424,496
State General Funds
$6,567,317
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 76) as amended
$10,643,994
$30,856,775
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,597
$23,597
Reflect an adjustment in merit system assessments. (CC:Yes)
$220
$220
Increase funds to provide for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes.
$4,788
$4,788
Eliminate one-time matching funds for the Georgiacancerinfo.org website. (CC:No)
$0
$0
Replace federal funds.
$651,897
$651,897
Provide funds for the Positive Alternatives for Pregnancy and Parenting Grant Program.
$2,000,000
$2,000,000
Increase funds for the Biomedical Prevention Clinic.
$100,000
$100,000
TUESDAY, MARCH 22, 2016
Amount appropriated in this Act
$13,424,496
$33,637,277
38.2. 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
38.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs.
Total Funds
$35,012,707
Federal Funds and Grants
$8,312,856
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$1,266,938
Federal Funds Not Specifically Identified
$7,045,918
Other Funds
$3,945,000
Other Funds - Not Specifically Identified
$3,945,000
State Funds
$22,564,334
State General Funds
$22,432,539
Tobacco Settlement Funds
$131,795
Intra-State Government Transfers
$190,517
Other Intra-State Government Payments
$190,517
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$22,381,455
$34,829,828
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$138,646
$138,646
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,296
$1,296
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($144,672)
($144,672)
Reflect an adjustment in TeamWorks billings.
$25,346
$25,346
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees'
$28,535
$28,535
3325
3326
JOURNAL OF THE HOUSE
Retirement System.) Increase funds to provide for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes. Provide funds for telehealth maintenance and infrastructure.
Amount appropriated in this Act
$11,532 $122,196 $22,564,334
$11,532 $122,196 $35,012,707
38.4. 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
$26,448,431
Federal Funds and Grants
$23,675,473
Maternal and Child Health Services Block Grant (CFDA
93.994)
$350,000
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$200,000
Federal Funds Not Specifically Identified
$23,125,473
Other Funds
$171,976
Other Funds - Not Specifically Identified
$171,976
State Funds
$2,600,982
State General Funds
$2,600,982
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,584,725
$26,432,174
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,106
$16,106
Reflect an adjustment in merit system assessments. (CC:Yes)
$151
$151
Amount appropriated in this Act
$2,600,982
$26,448,431
38.5. 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
$11,515,091
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
$4,740,592
State General Funds
$4,624,955
TUESDAY, MARCH 22, 2016
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 76) as
$4,562,622
$11,337,121
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$27,711
$27,711
July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
$259
$259
Increase funds for the Georgia Poison Center to support additional staffing needs.
$150,000
$150,000
Provide funds for the Georgia Poison Center for a
$0
$0
telephone-based stroke support program for pre-hospital providers. (CC:No)
Amount appropriated in this Act
$4,740,592
$11,515,091
38.6. Immunization
Purpose: The purpose of this appropriation is to provide immunization,
consultation, training, assessment, vaccines, and technical assistance.
Total Funds
$9,254,792
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
$2,543,604
State General Funds
$2,543,604
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,527,706
$9,238,894
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$15,751
$15,751
Reflect an adjustment in merit system assessments. (CC:Yes)
$147
$147
Amount appropriated in this Act
$2,543,604
$9,254,792
38.7. 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
$50,796,005
Federal Funds and Grants
$24,082,186
Maternal and Child Health Services Block Grant (CFDA
93.994)
$8,605,171
3327
3328
JOURNAL OF THE HOUSE
Medical Assistance Program (CFDA 93.778)
$246,842
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$132,509
Federal Funds Not Specifically Identified
$15,097,664
Other Funds
$3,618,978
Agency Funds
$9,403
Other Funds - Not Specifically Identified
$3,609,575
State Funds
$23,094,841
State General Funds
$23,094,841
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$21,122,570
$47,487,526
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$131,623
$131,623
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,230
$1,230
Transfer the Maternal and Infant Early Childhood Home Visitation (MIECHV) grant from the Child Abuse and Neglect Prevention program in the Department of Human Services.
$0
$1,089,366
Provide funds for therapies for children with congenital disorders pursuant to O.C.G.A. 31-12-6. (CC:Yes; Provide funds for therapies for individuals with congenital disorders pursuant to O.C.G.A. 31-12-6.)
$1,722,240
$1,722,240
Eliminate one-time funds for the Georgia Comprehensive Sickle Cell Center. (CC:No)
$0
$0
Increase funds for the Medical College of Georgia Sickle Cell Center at Augusta University.
$117,178
$364,020
Amount appropriated in this Act
$23,094,841
$50,796,005
38.8. 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
$276,610,061
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
$12,894,228
State General Funds
$12,894,228
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Eliminate one-time funds for the Rally Foundation for Childhood Cancer Research.
Amount appropriated in this Act
State Funds $12,838,479
$80,001
$748 ($25,000) $12,894,228
Total Funds $276,554,312
$80,001
$748 ($25,000) $276,610,061
38.9. 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
$79,870,044
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
$31,929,374
State General Funds
$31,929,374
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 76) as amended
$31,696,391
$79,637,061
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$197,512
$197,512
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,846
$1,846
Increase funds for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes.
$33,625
$33,625
Amount appropriated in this Act
$31,929,374
$79,870,044
38.10. 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
$4,872,300
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
3329
3330
JOURNAL OF THE HOUSE
Other Funds
$561,134
Agency Funds
$561,134
State Funds
$3,800,103
State General Funds
$3,800,103
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,776,351
$4,848,548
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,532
$23,532
Reflect an adjustment in merit system assessments. (CC:Yes)
$220
$220
Amount appropriated in this Act
$3,800,103
$4,872,300
38.11. Office for Children and Families
Purpose: The purpose of this appropriation is to enhance coordination and
communication among providers and stakeholders of services to families.
Total Funds
$827,428
State Funds
$827,428
State General Funds
$827,428
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$2,923
$2,923
Transfer funds for supporting Georgia's children and families from the Governor's Office for Children and Families.
$824,505
$824,505
Amount appropriated in this Act
$827,428
$827,428
38.12. 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
$113,421,468
State Funds
$113,421,468
State General Funds
$113,421,468
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$100,343,948
$100,343,948
TUESDAY, MARCH 22, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment in TeamWorks billings.
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
Provide funds to complete the phase-in of the new general grant-in-aid formula to hold harmless all counties. (CC:Increase funds for the sixth year phase-in of the new grant-in-aid formula to hold harmless all counties.)
Increase funds to provide for an additional salary increase for registered nurses to address recruitment and retention issues in the highest turnover job classes.
Increase funds to provide for an additional salary increase for Licensed Practical Nurses to address recruitment and retention issues in the highest turnover job classes.
Amount appropriated in this Act
$7,300,606 $5,844
$29,812 $138,060
$1,388,991
$3,687,332 $526,875
$113,421,468
$7,300,606 $5,844
$29,812 $138,060
$1,388,991
$3,687,332 $526,875
$113,421,468
38.13. 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
$4,863,473
Federal Funds and Grants
$530,680
Federal Funds Not Specifically Identified
$530,680
State Funds
$4,332,793
State General Funds
$4,332,793
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,786,253
$4,316,933
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,594
$23,594
Reflect an adjustment in merit system assessments. (CC:Yes)
$221
$221
Provide funds for new Vital Records facility real estate rent.
$522,725
$522,725
Amount appropriated in this Act
$4,332,793
$4,863,473
3331
3332
JOURNAL OF THE HOUSE
The following appropriations are for agencies attached for administrative purposes.
38.14. 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
$1,325,935
State Funds
$1,325,935
Brain and Spinal Injury Trust Fund
$1,325,935
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,458,567
$1,458,567
Reduce funds to reflect FY 2015 collections.
($132,632)
($132,632)
Utilize prior year funds of $132,632 to maintain budget
$0
$0
at current level. (CC:Yes)
Amount appropriated in this Act
$1,325,935
$1,325,935
38.15. 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 to participate in the accountability
mechanism for the entire Georgia trauma system, primarily overseeing the
flow of funds for system improvement.
Total Funds
$16,385,345
State Funds
$16,385,345
State General Funds
$16,385,345
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$16,372,494
$16,372,494
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$12,629
$12,629
Reflect an adjustment in merit system assessments. (CC:Yes)
$222
$222
Amount appropriated in this Act
$16,385,345
$16,385,345
Section 39: Public Safety, Department of Total Funds Federal Funds and Grants
$205,389,941 $23,504,462
TUESDAY, MARCH 22, 2016
3333
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
$23,504,462 $5,336,165 $5,336,165 $153,241,247 $153,241,247 $23,308,067 $23,308,067
39.1. 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
$4,183,476
Federal Funds and Grants
$10,034
Federal Funds Not Specifically Identified
$10,034
Other Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$4,073,442
State General Funds
$4,073,442
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,104,714
$4,214,748
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$60,286
$60,286
Reflect an adjustment in merit system assessments. (CC:Yes)
$517
$517
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$5,600
$5,600
Reduce one-time funds for Perry airport hangar.
($150,000)
($150,000)
Provide additional funds to retain law enforcement officers.
$52,325
$52,325
Amount appropriated in this Act
$4,073,442
$4,183,476
39.2. 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.
3334
JOURNAL OF THE HOUSE
Total Funds Intra-State Government Transfers
Other Intra-State Government Payments
$8,143,321 $8,143,321 $8,143,321
39.3. 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
$9,058,380
Federal Funds and Grants
$5,571
Federal Funds Not Specifically Identified
$5,571
Other Funds
$3,510
Other Funds - Not Specifically Identified
$3,510
State Funds
$9,049,299
State General Funds
$9,049,299
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,690,701
$8,699,782
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$223,769
$223,769
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,921
$1,921
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$24,442
$24,442
Reflect an adjustment in TeamWorks billings.
$11,710
$11,710
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$78,000
$78,000
Provide additional funds to retain law enforcement officers.
$18,756
$18,756
Amount appropriated in this Act
$9,049,299
$9,058,380
39.4. 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.
TUESDAY, MARCH 22, 2016
Total Funds
$120,000,024
Federal Funds and Grants
$1,888,148
Federal Funds Not Specifically Identified
$1,888,148
Other Funds
$850,000
Other Funds - Not Specifically Identified
$850,000
State Funds
$109,563,168
State General Funds
$109,563,168
Intra-State Government Transfers
$7,698,708
Other Intra-State Government Payments
$7,698,708
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$101,817,527
$112,254,383
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$2,598,043
$2,598,043
Reflect an adjustment in merit system assessments. (CC:Yes)
$22,298
$22,298
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$339,557
$339,557
Reflect an adjustment in TeamWorks billings.
$13,964
$13,964
Increase funds for a 50 man trooper school.
$2,844,172
$2,844,172
Provide additional funds to retain law enforcement officers.
$1,927,607
$1,927,607
Amount appropriated in this Act
$109,563,168
$120,000,024
39.5. 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
$18,478,095
Federal Funds and Grants
$2,627,825
Federal Funds Not Specifically Identified
$2,627,825
Other Funds
$2,703,467
Other Funds - Not Specifically Identified
$2,703,467
State Funds
$10,960,734
State General Funds
$10,960,734
Intra-State Government Transfers
$2,186,069
Other Intra-State Government Payments
$2,186,069
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
3335
3336
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Provide additional funds to retain law enforcement officers.
Amount appropriated in this Act
State Funds $10,073,561
$309,243
$2,654 $73,487
$501,789 $10,960,734
Total Funds $17,590,922
$309,243
$2,654 $73,487
$501,789 $18,478,095
The following appropriations are for agencies attached for administrative purposes.
39.6. 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
$775,748
State Funds
$775,748
State General Funds
$775,748
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$695,864
$695,864
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$12,055
$12,055
Reflect an adjustment in merit system assessments. (CC:Yes)
$68
$68
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,239)
($2,239)
Increase funds for one compliance and evaluation position.
$70,000
$70,000
Use existing funds for IT and other operating costs. (CC:Yes)
$0
$0
Amount appropriated in this Act
$775,748
$775,748
39.7. 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
TUESDAY, MARCH 22, 2016
crashes, injuries, and fatalities on Georgia roadways.
Total Funds
$21,954,241
Federal Funds and Grants
$17,912,078
Federal Funds Not Specifically Identified
$17,912,078
Other Funds
$337,102
Other Funds - Not Specifically Identified
$337,102
State Funds
$3,505,881
State General Funds
$3,505,881
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 76) as amended
$3,494,886
$21,943,246
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$11,355
$11,355
Reflect an adjustment in merit system assessments. (CC:Yes)
$102
$102
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($462)
($462)
Amount appropriated in this Act
$3,505,881
$21,954,241
39.8. 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
$2,991,658
State Funds
$2,991,658
State General Funds
$2,991,658
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,904,319
$2,904,319
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$68,754
$68,754
Reflect an adjustment in merit system assessments. (CC:Yes)
$737
$737
3337
3338
JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Increase funds for one curriculum development position. (CC:Increase funds for stipends for curriculum development by subject area experts.)
Reduce funds for one-time funding for the purchase of one vehicle.
Amount appropriated in this Act
($8,152) $50,000 ($24,000) $2,991,658
($8,152) $50,000 ($24,000) $2,991,658
39.9. 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
$19,804,998
Federal Funds and Grants
$1,060,806
Federal Funds Not Specifically Identified
$1,060,806
Other Funds
$1,342,086
Other Funds - Not Specifically Identified
$1,342,086
State Funds
$12,321,317
State General Funds
$12,321,317
Intra-State Government Transfers
$5,080,789
Other Intra-State Government Payments
$5,080,789
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$11,743,950
$19,227,631
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$275,332
$275,332
Reflect an adjustment in merit system assessments. (CC:Yes)
$2,108
$2,108
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($10,753)
($10,753)
Increase funds for training courses at the Fire Academy.
$240,000
$240,000
Increase funds for operating expenses at the Columbia County and Rome academies.
$70,680
$70,680
Amount appropriated in this Act
$12,321,317
$19,804,998
Section 40: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds
$10,462,923 $1,343,100 $1,343,100 $9,119,823
TUESDAY, MARCH 22, 2016
3339
State General Funds
40.1. Commission Administration
Purpose: The purpose of this appropriation is to assist the Commissioners and
staff in achieving the agency's goals.
Total Funds
$1,573,430
Federal Funds and Grants
$83,500
Federal Funds Not Specifically Identified
$83,500
State Funds
$1,489,930
State General Funds
$1,489,930
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,299,406
$1,382,906
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$32,028
$32,028
Reflect an adjustment in merit system assessments. (CC:Yes)
$339
$339
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($22)
($22)
Reflect an adjustment in TeamWorks billings.
$148
$148
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$5,129
$5,129
Provide funds for one operations support analyst.
$113,977
$113,977
Retain one-time funds for information technology. (CC:Yes)
$0
$0
Provide increased funds for travel expenses.
$38,925
$38,925
Amount appropriated in this Act
$1,489,930
$1,573,430
40.2. 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
$2,328,664
Federal Funds and Grants
$1,231,100
Federal Funds Not Specifically Identified
$1,231,100
State Funds
$1,097,564
State General Funds
$1,097,564
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
$9,119,823
3340
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
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
State Funds $1,048,728
$50,656
$536 ($2,653)
$297 $1,097,564
Total Funds $2,279,828
$50,656
$536 ($2,653)
$297 $2,328,664
40.3. 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
$6,560,829
Federal Funds and Grants
$28,500
Federal Funds Not Specifically Identified
$28,500
State Funds
$6,532,329
State General Funds
$6,532,329
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 76) as amended
$6,134,264
$6,162,764
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$144,153
$144,153
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,526
$1,526
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($688)
($688)
Reflect an adjustment in TeamWorks billings.
$697
$697
Provide funds for three utilities analysts ($317,507) and increase funds for the recruitment of one engineer analyst ($40,706). (CC:Provide funds for two utilities analysts ($211,671) and increase funds for the recruitment of one engineer analyst ($40,706). )
$252,377
$252,377
Amount appropriated in this Act
$6,532,329
$6,560,829
TUESDAY, MARCH 22, 2016
3341
Section 41: 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
$7,233,448,837 $5,087,746,763 $2,893,701,537
$5,125,814 $606,000
$2,188,313,412 $2,145,702,074 $2,145,702,074
41.1. 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
$76,316,106
Other Funds
$37,552,919
Agency Funds
$15,552,919
Research Funds
$22,000,000
State Funds
$38,763,187
State General Funds
$38,763,187
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$38,494,527
$76,047,446
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$755,160
$755,160
Transfer funds to reflect shared costs of positions to the Cooperative Extension Service program.
($738,500)
($738,500)
Provide funds for a ruminant nutritionist ($168,000) and a row crop physiologist ($168,000). (CC:Provide funds for a ruminant nutritionist ($168,000) and a row crop physiologist ($168,000) and reflect staggered start dates.)
$252,000
$252,000
Amount appropriated in this Act
$38,763,187
$76,316,106
41.2. 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
3342
JOURNAL OF THE HOUSE
41.3. 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
$66,164,828
Other Funds
$31,333,929
Agency Funds
$21,333,929
Research Funds
$10,000,000
State Funds
$34,830,899
State General Funds
$34,830,899
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$32,287,418
$63,621,347
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$706,981
$706,981
Transfer funds to reflect shared costs of positions from the Agricultural Experiment Station program.
$738,500
$738,500
Provide funds for a viticulturist ($168,000), a grain crop agronomist ($168,000) and a vegetable pathologist ($168,000). (CC:Provide funds for a viticulturist ($168,000), a grain crop agronomist ($168,000) and a vegetable pathologist ($168,000) and reflect staggered start dates.)
$378,000
$378,000
Increase funds for personnel for 12 extension agents. (CC:Increase funds for personnel for 12 extension agents.)
$720,000
$720,000
Amount appropriated in this Act
$34,830,899
$66,164,828
41.4. 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
$30,242,678
Other Funds
$10,900,000
Agency Funds
$10,900,000
State Funds
$19,342,678
State General Funds
$19,342,678
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Increase funds for Invest Georgia and the Advanced Technology Development Center.
Amount appropriated in this Act
State Funds $8,590,935
$163,600
$10,588,143 $19,342,678
Total Funds $19,490,935
$163,600
$10,588,143 $30,242,678
41.5. 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
$1,429,890
Other Funds
$575,988
Agency Funds
$100,000
Research Funds
$475,988
State Funds
$853,902
State General Funds
$853,902
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 76) as amended
$810,431
$1,386,419
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$13,471
$13,471
Provide funds for travel and operations for extension agents.
$30,000
$30,000
Amount appropriated in this Act
$853,902
$1,429,890
41.6. 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
$12,975,989
Other Funds
$10,250,426
Agency Funds
$590,634
Other Funds - Not Specifically Identified
$659,792
Research Funds
$9,000,000
State Funds
$2,725,563
State General Funds
$2,725,563
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
3343
3344
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Amount appropriated in this Act
State Funds $2,660,386
$65,177
$2,725,563
Total Funds $12,910,812
$65,177
$12,975,989
41.7. 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
$5,560,610
Other Funds
$882,473
Agency Funds
$276,473
Records Center Storage Fee
$606,000
State Funds
$4,678,137
State General Funds
$4,678,137
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,646,252
$5,528,725
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$31,885
$31,885
Amount appropriated in this Act
$4,678,137
$5,560,610
41.8. 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
$4,466,022
Other Funds
$4,466,022
Other Funds - Not Specifically Identified
$4,466,022
41.9. Georgia Research Alliance
Purpose: The purpose of this appropriation is to expand research and commercialization capacity in public and private universities in Georgia to launch new companies and create jobs.
Total Funds
$5,097,451
State Funds
$5,097,451
State General Funds
$5,097,451
TUESDAY, MARCH 22, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Transfer funds for the Georgia Research Alliance from the Public Service/Special Funding Initiatives program.
$5,097,451
$5,097,451
Amount appropriated in this Act
$5,097,451
$5,097,451
41.10. 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
$367,562,410
Other Funds
$361,751,431
Research Funds
$361,751,431
State Funds
$5,810,979
State General Funds
$5,810,979
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$5,694,440
$367,445,871
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$116,539
$116,539
Amount appropriated in this Act
$5,810,979
$367,562,410
41.11. 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
$1,428,336
Other Funds
$486,281
Agency Funds
$118,633
Research Funds
$367,648
State Funds
$942,055
State General Funds
$942,055
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 76) as amended
$926,998
$1,413,279
3345
3346
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Amount appropriated in this Act
$15,057 $942,055
$15,057 $1,428,336
41.12. 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
$2,613,351
Other Funds
$1,345,529
Agency Funds
$745,529
Research Funds
$600,000
State Funds
$1,267,822
State General Funds
$1,267,822
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,243,709
$2,589,238
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$24,113
$24,113
Provide funds for personal services and operations. (CC:No)
$0
$0
Amount appropriated in this Act
$1,267,822
$2,613,351
41.13. Medical College of Georgia Hospital and Clinics
Purpose: The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care.
Total Funds
$29,838,518
State Funds
$29,838,518
State General Funds
$29,838,518
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 76) as amended
$28,840,775
$28,840,775
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$797,743
$797,743
Provide funds for a new re-entry into obstetrics program for OB/GYN physicians licensed in Georgia and practicing in underserved areas. (CC:Yes; Provide funds for a obstetrics recertification program for OB/GYN physicians licensed in Georgia and practicing in underserved areas.)
$200,000
$200,000
Amount appropriated in this Act
$29,838,518
$29,838,518
TUESDAY, MARCH 22, 2016
41.14. 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
$41,430,555
Other Funds
$5,222,400
Agency Funds
$5,222,400
State Funds
$36,208,155
State General Funds
$36,208,155
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$32,869,520
$38,091,920
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$670,421
$670,421
Increase funds for public library materials to 35 cents per capita. (CC:Increase funds for public library materials to 25 cents per capita.)
$2,668,214
$2,668,214
Amount appropriated in this Act
$36,208,155
$41,430,555
41.15. 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
$23,059,638
State Funds
$23,059,638
State General Funds
$23,059,638
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$32,691,972
$32,691,972
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$451,075
$451,075
Transfer funds for the Fort Valley State University Land Grant match to the Teaching program.
($3,725,725)
($3,725,725)
Transfer funds for 72 new residency slots in primary care medicine to the Georgia Board for Physician Workforce: Graduate Medical Education program in the Department of Community Health.
($1,138,075)
($1,138,075)
Eliminate tobacco settlement funds for the Georgia Research Alliance.
($247,158)
($247,158)
Transfer funds to the Georgia Research Alliance program.
($5,097,451)
($5,097,451)
Increase funds for the Georgia Youth Science and Technology Center.
$125,000
$125,000
3347
3348
JOURNAL OF THE HOUSE
Increase funds for a legislative commission on government structure. (CC:Reflect in the Teaching program.)
Amount appropriated in this Act
$0 $23,059,638
$0 $23,059,638
41.16. 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
$12,063,606
State Funds
$12,063,606
State General Funds
$12,063,606
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$11,894,954
$11,894,954
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$107,723
$107,723
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$14,854
$14,854
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$8,635
$8,635
Increase funds for the Southern Regional Education Board to reflect FY 2017 dues and contract amounts.
$37,440
$37,440
Amount appropriated in this Act
$12,063,606
$12,063,606
41.17. Skidaway Institute of Oceanography
Purpose: The purpose of this appropriation is to fund research and
educational programs regarding marine and ocean science and aquatic
environments.
Total Funds
$5,098,197
Other Funds
$3,800,620
Agency Funds
$1,050,000
Research Funds
$2,750,620
State Funds
$1,297,577
State General Funds
$1,297,577
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,273,178
$5,073,798
TUESDAY, MARCH 22, 2016
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Amount appropriated in this Act
$24,399 $1,297,577
$24,399 $5,098,197
41.18. Teaching
Purpose: The purpose of this appropriation is to provide funds to the Board of
Regents for annual allocations to University System of Georgia institutions for
student instruction and to establish and operate other initiatives that promote,
support, or extend student learning.
Total Funds
$6,504,348,822
Other Funds
$4,598,893,472
Agency Funds
$2,817,900,747
Research Funds
$1,780,992,725
State Funds
$1,905,455,350
State General Funds
$1,905,455,350
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as $1,795,857,875 amended
$6,394,751,347
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$55,532,540
$55,532,540
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($326,551)
($326,551)
Transfer funds for the Fort Valley State University Land Grant match from the Public Service/Special Funding Initiatives program.
$3,725,725
$3,725,725
Increase funds to reflect the change in enrollment and square footage at University System of Georgia institutions.
$43,516,661
$43,516,661
Reduce funds for Georgia Gwinnett College (GGC) to reflect year three of the seven year plan to eliminate the GGC Special Funding Initiative.
($1,375,000)
($1,375,000)
Increase funds for the Military Academic and Training Center in Warner Robins.
$538,100
$538,100
Increase funds for a legislative commission on government structure.
$25,000
$25,000
Provide $8,000,000 for facility major improvements and renovations, statewide.
$8,000,000
$8,000,000
Reduce funds for one-time expenditures.
($39,000)
($39,000)
Amount appropriated in this Act
$1,905,455,350 $6,504,348,822
41.19. Veterinary Medicine Experiment Station
Purpose: The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential concern to Georgia's livestock and poultry industries and to
3349
3350
JOURNAL OF THE HOUSE
provide training and education in disease research, surveillance, and
intervention.
Total Funds
$2,707,032
State Funds
$2,707,032
State General Funds
$2,707,032
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,649,796
$2,649,796
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$57,236
$57,236
Amount appropriated in this Act
$2,707,032
$2,707,032
41.20. Veterinary Medicine Teaching Hospital
Purpose: The purpose of this appropriation is to provide clinical instruction
for veterinary medicine students, support research that enhances the health
and welfare of production and companion animals in Georgia, and address the
shortage of veterinarians in Georgia and the nation.
Total Funds
$14,927,418
Other Funds
$14,500,000
Agency Funds
$14,500,000
State Funds
$427,418
State General Funds
$427,418
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 76) as amended
$417,163
$14,917,163
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$10,255
$10,255
Amount appropriated in this Act
$427,418
$14,927,418
The following appropriations are for agencies attached for administrative purposes.
41.21. Payments to Georgia Military College
Purpose: The purpose of this appropriation is to provide quality basic
education funding for grades six through twelve at Georgia Military College's
Junior Military College and preparatory school.
Total Funds
$5,178,401
State Funds
$5,178,401
State General Funds
$5,178,401
TUESDAY, MARCH 22, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,547,852
$3,547,852
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$81,470
$81,470
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($109,248)
($109,248)
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$136
$136
Increase funds for enrollment growth and training and experience at the Georgia Military College Preparatory School.
$158,191
$158,191
Eliminate one-time funds for the design of the Jenkins Hall renovation.
($500,000)
($500,000)
Provide funds for student services. (CC:Provide funds for student services and institute a joint Appropriations study committee on Georgia Military College funding structure.)
$2,000,000
$2,000,000
Amount appropriated in this Act
$5,178,401
$5,178,401
41.22. Payments to Georgia Public Telecommunications Commission
Purpose: The purpose of this appropriation is to create, produce, and
distribute high quality programs and services that educate, inform, and
entertain audiences, and enrich the quality of their lives.
Total Funds
$15,153,706
State Funds
$15,153,706
State General Funds
$15,153,706
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 76) as amended
$14,997,510
$14,997,510
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$177,008
$177,008
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,716
$1,716
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($21,253)
($21,253)
Reflect an adjustment in TeamWorks billings.
($1,275)
($1,275)
Amount appropriated in this Act
$15,153,706
$15,153,706
3351
3352
JOURNAL OF THE HOUSE
Section 42: 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
$184,551,906 $819,087 $251,507 $567,580
$183,732,819 $183,299,036
$433,783
42.1. 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
$14,043,662
State Funds
$14,043,662
State General Funds
$14,043,662
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,113,036
$8,113,036
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$285,794
$285,794
Reflect an adjustment in merit system assessments. (CC:Yes)
$2,142
$2,142
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$5,094
$5,094
Reflect an adjustment in TeamWorks billings.
$3,119
$3,119
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$49,664
$49,664
Redistribute funds to properly align budget to expenditures.
$1,641,502
$1,641,502
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$3,301,898
$3,301,898
Transfer nine positions and operating expenses for facilities and mailroom operations from the Office of Special Investigations program.
$641,413
$641,413
Amount appropriated in this Act
$14,043,662
$14,043,662
TUESDAY, MARCH 22, 2016
42.2. 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
42.3. Fraud Detection and Prevention
Purpose: The purpose of this program is to identify and prevent tax fraud and
protect Georgia citizens from identity theft through the use of fraud analytical
tools.
Total Funds
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,250,000
$1,250,000
Transfer funds for the fraud detection and prevention contract to the Office of Special Investigations program.
($1,250,000)
($1,250,000)
Amount appropriated in this Act
$0
$0
42.4. Industry Regulation
Purpose: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages and tobacco products, and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles.
Total Funds
$7,439,837
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
$7,068,330
State General Funds
$6,634,547
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 76) as amended
$6,048,349
$6,419,856
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$123,247
$123,247
3353
3354
JOURNAL OF THE HOUSE
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Redistribute funds to properly align budget to expenditures.
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
Amount appropriated in this Act
$923 $4,681
$820,155 $70,975
$7,068,330
$923 $4,681
$820,155 $70,975
$7,439,837
42.5. Local Government Services
Purpose: The purpose of this appropriation is to assist local tax officials with
the administration of state tax laws and administer the unclaimed property
unit.
Total Funds
$4,843,578
State Funds
$4,843,578
State General Funds
$4,843,578
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,873,457
$4,873,457
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$96,158
$96,158
Reflect an adjustment in merit system assessments. (CC:Yes)
$721
$721
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,797
$2,797
Redistribute funds to properly align budget to expenditures.
($168,177)
($168,177)
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$38,622
$38,622
Amount appropriated in this Act
$4,843,578
$4,843,578
42.6. Local Tax Officials Retirement and FICA
Purpose: The purpose of this appropriation is to provide state retirement
benefits and employer share of FICA to local tax officials.
Total Funds
$11,492,977
State Funds
$11,492,977
State General Funds
$11,492,977
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended Reduce funds to align budget with projected expenditures.
Amount appropriated in this Act
State Funds $13,011,424
($1,518,447)
$11,492,977
Total Funds $13,011,424
($1,518,447)
$11,492,977
42.7. Motor Vehicle Registration and Titling
Purpose: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-worthiness for new title issuance.
Total Funds
$32,734,603
State Funds
$32,734,603
State General Funds
$32,734,603
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$19,566,913
$19,566,913
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$222,196
$222,196
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,665
$1,665
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$9,563
$9,563
Redistribute funds to properly align budget to expenditures.
$9,552,397
$9,552,397
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$3,381,869
$3,381,869
Amount appropriated in this Act
$32,734,603
$32,734,603
42.8. Office of Special Investigations
Purpose: The purpose of this appropriation is to investigate fraudulent
taxpayer and criminal activities involving department efforts.
Total Funds
$5,999,876
State Funds
$5,999,876
State General Funds
$5,999,876
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,955,313
$3,955,313
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$110,142
$110,142
3355
3356
JOURNAL OF THE HOUSE
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Redistribute funds to properly align budget to expenditures.
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
Transfer nine positions and operating expenses for facilities and mailroom operations to the Administration program.
Transfer funds for the fraud detection and prevention contract from the Fraud Detection and Prevention program.
Amount appropriated in this Act
$826 $2,561 $1,280,261 $42,186 ($641,413) $1,250,000 $5,999,876
$826 $2,561 $1,280,261 $42,186 ($641,413) $1,250,000 $5,999,876
42.9. Revenue Processing
Purpose: The purpose of this appropriation is to ensure that all tax payments
are received, credited, and deposited according to sound business practices
and the law, and to ensure that all tax returns are reviewed and recorded to
accurately update taxpayer information.
Total Funds
$15,279,993
State Funds
$15,279,993
State General Funds
$15,279,993
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$13,613,917
$13,613,917
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$168,711
$168,711
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,264
$1,264
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,424
$6,424
Redistribute funds to properly align budget to expenditures.
($317,180)
($317,180)
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$1,806,857
$1,806,857
Amount appropriated in this Act
$15,279,993
$15,279,993
42.10. Tax Compliance Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.
TUESDAY, MARCH 22, 2016
Total Funds
$59,493,703
Federal Funds and Grants
$222,000
Federal Funds Not Specifically Identified
$222,000
State Funds
$59,271,703
State General Funds
$59,271,703
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$54,604,522
$54,826,522
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$952,388
$952,388
Reflect an adjustment in merit system assessments. (CC:Yes)
$7,136
$7,136
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$32,032
$32,032
Increase funds for telecommunications to meet projected need.
$1,518,447
$1,518,447
Redistribute funds to properly align budget to expenditures.
($2,026,593)
($2,026,593)
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$4,226,271
$4,226,271
Reduce funds for start-up costs for Tax Compliance pilot project.
($42,500)
($42,500)
Amount appropriated in this Act
$59,271,703
$59,493,703
42.11. Tax Policy
Purpose: The purpose of this appropriation is to conduct all administrative
appeals of tax assessments; draft regulations for taxes collected by the
department; support the State Board of Equalization; and draft letter rulings
and provide research and analysis related to all tax law and policy inquiries.
Total Funds
$4,240,945
State Funds
$4,240,945
State General Funds
$4,240,945
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,127,866
$3,127,866
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$116,390
$116,390
Reflect an adjustment in merit system assessments. (CC:Yes)
$872
$872
3357
3358
JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Redistribute funds to properly align budget to expenditures. Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
Amount appropriated in this Act
$1,257 $800,806 $193,754 $4,240,945
$1,257 $800,806 $193,754 $4,240,945
42.12. Taxpayer Services
Purpose: The purpose of this appropriation is to provide assistance to
customer inquiries about the administration of individual income tax, sales and
use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes,
and all registration functions.
Total Funds
$14,910,381
Federal Funds and Grants
$225,580
Federal Funds Not Specifically Identified
$225,580
State Funds
$14,684,801
State General Funds
$14,684,801
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 76) as amended
$13,726,342
$13,951,922
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$272,977
$272,977
Reflect an adjustment in merit system assessments. (CC:Yes)
$2,045
$2,045
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$7,444
$7,444
Reflect a change in the program name. (CC:Yes)
$0
$0
Redistribute funds to properly align budget to expenditures.
($224,954)
($224,954)
Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
$900,947
$900,947
Amount appropriated in this Act
$14,684,801
$14,910,381
42.13. 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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
TUESDAY, MARCH 22, 2016
Amount from previous Appropriations Act (HB 76) as amended
Redistribute funds to properly align budget to expenditures. Transfer funds from the Technology Support Services program to properly reflect information technology expenses in the programs utilizing those systems.
Amount appropriated in this Act
State Funds $25,321,596 ($11,358,217) ($13,963,379)
$0
Total Funds $25,321,596 ($11,358,217) ($13,963,379)
$0
3359
Section 43: 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
$29,344,551 $85,000 $85,000
$4,723,849 $4,723,849 $24,535,702 $24,535,702
43.1. 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
$4,418,558
Other Funds
$3,775,096
Other Funds - Not Specifically Identified
$3,775,096
State Funds
$643,462
State General Funds
$643,462
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 76) as amended
$943,462
$4,718,558
Reduce funds to meet projected expenditures.
($300,000)
($300,000)
Amount appropriated in this Act
$643,462
$4,418,558
43.2. 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
$5,560,709
3360
JOURNAL OF THE HOUSE
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
$5,425,709
State General Funds
$5,425,709
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 76) as amended
$5,369,670
$5,504,670
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$64,623
$64,623
Reflect an adjustment in merit system assessments. (CC:Yes)
$406
$406
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($10,335)
($10,335)
Reflect an adjustment in TeamWorks billings.
$1,345
$1,345
Amount appropriated in this Act
$5,425,709
$5,560,709
43.3. 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
$2,854,255
State Funds
$2,854,255
State General Funds
$2,854,255
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,784,729
$2,784,729
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$69,092
$69,092
Reflect an adjustment in merit system assessments. (CC:Yes)
$434
$434
Amount appropriated in this Act
$2,854,255
$2,854,255
43.4. 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
$3,331,355
Other Funds
$15,000
TUESDAY, MARCH 22, 2016
Other Funds - Not Specifically Identified
$15,000
State Funds
$3,316,355
State General Funds
$3,316,355
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$3,304,322
$3,319,322
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$78,619
$78,619
Reflect an adjustment in merit system assessments. (CC:Yes)
$494
$494
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($30,019)
($30,019)
Reflect an adjustment in TeamWorks billings.
$3,796
$3,796
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$9,143
$9,143
Reduce funds to meet projected expenditures.
($50,000)
($50,000)
Amount appropriated in this Act
$3,316,355
$3,331,355
43.5. 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
$9,110,506
Other Funds
$813,753
Other Funds - Not Specifically Identified
$813,753
State Funds
$8,296,753
State General Funds
$8,296,753
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,150,375
$8,964,128
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$193,027
$193,027
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,213
$1,213
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($50,465)
($50,465)
Reflect an adjustment in TeamWorks billings.
$2,603
$2,603
Amount appropriated in this Act
$8,296,753
$9,110,506
3361
3362
JOURNAL OF THE HOUSE
43.6. 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, examination, investigation, and administrative
enforcement actions.
Total Funds
$734,817
Other Funds
$50,000
Other Funds - Not Specifically Identified
$50,000
State Funds
$684,817
State General Funds
$684,817
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 76) as amended
$668,528
$718,528
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$16,187
$16,187
Reflect an adjustment in merit system assessments. (CC:Yes)
$102
$102
Reduce funds to meet projected expenditures. (CC:No)
$0
$0
Amount appropriated in this Act
$684,817
$734,817
The following appropriations are for agencies attached for administrative purposes.
43.7. 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
$291,789
Other Funds
$20,000
Other Funds - Not Specifically Identified
$20,000
State Funds
$271,789
State General Funds
$271,789
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$264,236
$284,236
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$7,408
$7,408
Reflect an adjustment in merit system assessments. (CC:Yes)
$130
$130
Reflect an adjustment in TeamWorks billings.
$15
$15
TUESDAY, MARCH 22, 2016
Amount appropriated in this Act
$271,789
$291,789
43.8. 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
$3,042,562
State Funds
$3,042,562
State General Funds
$3,042,562
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,991,468
$2,991,468
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$62,562
$62,562
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,100
$1,100
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($14,272)
($14,272)
Reflect an adjustment in TeamWorks billings.
$1,704
$1,704
Reduce funds and utilize retained fee revenue for operations. (CC:No)
$0
$0
Amount appropriated in this Act
$3,042,562
$3,042,562
3363
Section 44: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds Lottery Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
$808,665,186 $38,650 $38,650
$1,000,000 $1,000,000 $807,026,536 $715,717,181 $91,309,355
$600,000 $600,000
44.1. 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
$1,060,500
3364
JOURNAL OF THE HOUSE
State Funds
$1,060,500
State General Funds
$1,060,500
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 76) as amended
$1,029,000
$1,029,000
Reflect a change in the program purpose statement. (CC:Yes)
$0
$0
Increase funds to meet the projected need.
$31,500
$31,500
Amount appropriated in this Act
$1,060,500
$1,060,500
44.2. 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
44.3. 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
$700,000
State Funds
$700,000
State General Funds
$700,000
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 76) as amended
$800,000
$800,000
Reduce funds based on projected expenditures.
($100,000)
($100,000)
Amount appropriated in this Act
$700,000
$700,000
44.4. 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
$8,952,682
Federal Funds and Grants
$38,650
Federal Funds Not Specifically Identified
$38,650
State Funds
$8,314,032
TUESDAY, MARCH 22, 2016
Lottery Funds
$8,314,032
Intra-State Government Transfers
$600,000
Other Intra-State Government Payments
$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 76) as amended
$8,209,800
$9,079,400
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$99,776
$99,776
Reflect an adjustment in merit system assessments. (CC:Yes)
$2,346
$2,346
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$944
$944
Reflect an adjustment in TeamWorks billings.
$1,166
$1,166
Reduce funds to reflect a decrease in other funds.
$0
($230,950)
Amount appropriated in this Act
$8,314,032
$8,952,682
44.5. HOPE GED
Purpose: The purpose of this program is to encourage Georgia's General
Educational Development (GED) recipients to pursue education beyond the
high school level at an eligible postsecondary institution located in Georgia.
Total Funds
$1,930,296
State Funds
$1,930,296
Lottery Funds
$1,930,296
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,930,296
$1,930,296
Reflect a change in the program purpose statement. (CC:Yes)
$0
$0
Amount appropriated in this Act
$1,930,296
$1,930,296
44.6. 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 76) as amended
$109,059,989
$109,059,989
3365
3366
JOURNAL OF THE HOUSE
Utilize existing funds of $751,998 for the Strategic Industries Workforce Development Grant to include Industrial Maintenance certificate and diploma programs. (CC:Yes)
Amount appropriated in this Act
$0 $109,059,989
$0 $109,059,989
44.7. 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
44.8. 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
$522,496,534
State Funds
$522,496,534
Lottery Funds
$522,496,534
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$463,360,413
$463,360,413
Increase funds to meet the projected need for the HOPE Scholarship - Public Schools.
$53,810,784
$53,810,784
Increase funds to meet the projected need for Zell Miller Scholarship students attending public postsecondary institutions.
$5,325,337
$5,325,337
Amount appropriated in this Act
$522,496,534
$522,496,534
44.9. 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 or technical 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
$27,000,000
Other Funds
$1,000,000
Agency Funds
$1,000,000
State Funds
$26,000,000
Lottery Funds
$26,000,000
TUESDAY, MARCH 22, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$27,000,000
$27,000,000
Replace state funds with revenue from loan repayments ($1,000,000)
$0
and interest.
Amount appropriated in this Act
$26,000,000
$27,000,000
44.10. Move on When Ready
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
$58,318,219
State Funds
$58,318,219
State General Funds
$58,318,219
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$28,892,039
$28,892,039
Reflect a change in the program name. (CC:Yes)
$0
$0
Increase funds to meet the projected need.
$29,426,180
$29,426,180
Amount appropriated in this Act
$58,318,219
$58,318,219
44.11. North Ga. Military Scholarship Grants
Purpose: The purpose of this appropriation is to provide outstanding students
with a full scholarship to attend North Georgia College and State University,
thereby strengthening Georgia's Army National Guard with their membership.
Total Funds
$3,037,740
State Funds
$3,037,740
State General Funds
$3,037,740
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$1,825,445
$2,308,168
Increase funds to meet the projected need.
$729,572
$729,572
Replace other funds with state funds.
$482,723
$0
Amount appropriated in this Act
$3,037,740
$3,037,740
44.12. North Georgia ROTC Grants
Purpose: The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program.
3367
3368
JOURNAL OF THE HOUSE
Total Funds State Funds
State General Funds
$1,237,500 $1,237,500 $1,237,500
44.13. 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
44.14. 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
$2,750,000
State Funds
$2,750,000
State General Funds
$2,750,000
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 76) as amended
$2,000,000
$2,000,000
Increase funds to add additional school systems and to establish a pilot program for youth in foster care.
$750,000
$750,000
Amount appropriated in this Act
$2,750,000
$2,750,000
44.15. Service Cancelable Loans
Purpose: The purpose of this appropriation is to provide service cancelable loans as authorized in statute including programs for large animal veterinarians and Georgia National Guard members.
Total Funds
$200,000
State Funds
$200,000
State General Funds
$200,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as
$0
$0
amended
Provide funding for service cancelable loans to fund five large animal veterinarian slots.
$100,000
$100,000
TUESDAY, MARCH 22, 2016
Provide funding for service cancelable loans for Georgia National Guard members as authorized in O.C.G.A. 203-374.
Amount appropriated in this Act
$100,000 $200,000
$100,000 $200,000
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
$21,224,952
State Funds
$21,224,952
State General Funds
$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
$977,204
State Funds
$977,204
State General Funds
$977,204
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$873,071
$873,071
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$23,033
$23,033
Reflect an adjustment in merit system assessments. (CC:Yes)
$405
$405
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$545
$545
Increase funds for personal services.
$80,150
$80,150
Amount appropriated in this Act
$977,204
$977,204
3369
Section 45: Teachers' Retirement System Total Funds State Funds State General Funds
$36,686,846 $265,000 $265,000
3370
JOURNAL OF THE HOUSE
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 2017.
$36,421,846 $36,421,846
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
$265,000
State Funds
$265,000
State General Funds
$265,000
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 76) as amended
$317,000
$317,000
Reduce funds due to the declining population of teachers who qualify for this benefit.
($52,000)
($52,000)
Amount appropriated in this Act
$265,000
$265,000
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
$36,421,846
Intra-State Government Transfers
$36,421,846
Retirement Payments
$36,421,846
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$0
$36,002,746
Increase other funds for computer equipment ($780,000), telecommunications ($4,800), and regular operating expenses ($7,800).
$0
$792,600
Reduce other funds for contractual services ($119,000) and computer charges ($254,500).
$0
($373,500)
Amount appropriated in this Act
$0
$36,421,846
Section 46: Technical College System of Georgia Total Funds
$791,481,922
TUESDAY, MARCH 22, 2016
3371
Federal Funds and Grants Child Care and Development Block Grant (CFDA 93.575) 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
$81,691,954 $2,221,675 $79,470,279 $356,501,704 $356,304,934
$196,770 $350,036,165 $350,036,165
$3,252,099 $3,252,099
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
$41,883,007
Federal Funds and Grants
$19,324,577
Federal Funds Not Specifically Identified
$19,324,577
Other Funds
$6,485,279
Agency Funds
$6,485,279
State Funds
$16,073,151
State General Funds
$16,073,151
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$14,492,443
$40,302,299
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$367,538
$367,538
Reflect an adjustment in merit system assessments. (CC:Yes)
$3,761
$3,761
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$789
$789
Transfer funds for 20 additional full-time adult education instructors from the Technical Education program and utilize existing funds to shift 30 part-time instructors to full-time to reach 50 additional full-time instructors.
$1,208,620
$1,208,620
Utilize existing funds to provide GED and educational
$0
$0
opportunities for inmates in county correctional
facilities. (CC:Yes)
Amount appropriated in this Act
$16,073,151
$41,883,007
3372
JOURNAL OF THE HOUSE
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
$9,216,352
Other Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$9,015,837
State General Funds
$9,015,837
Intra-State Government Transfers
$100,515
Other Intra-State Government Payments
$100,515
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$8,719,592
$8,920,107
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$219,324
$219,324
Reflect an adjustment in merit system assessments. (CC:Yes)
$834
$834
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,876)
($3,876)
Reflect an adjustment in TeamWorks billings.
$7,036
$7,036
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$72,927
$72,927
Encourage the Technical College System of Georgia to
$0
$0
create third-party cooperative arrangements with the
Georgia Vocational Rehabilitation Agency to maximize
financial assistance for vocational rehabilitation clients.
(CC:Yes)
Amount appropriated in this Act
$9,015,837
$9,216,352
46.3. Quick Start and Customized Services
Purpose: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace.
Total Funds
$22,260,003
Federal Funds and Grants
$171,029
Federal Funds Not Specifically Identified
$171,029
TUESDAY, MARCH 22, 2016
Other Funds
$8,745,822
Agency Funds
$8,745,822
State Funds
$13,292,152
State General Funds
$13,292,152
Intra-State Government Transfers
$51,000
Other Intra-State Government Payments
$51,000
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 76) as amended
$13,060,226
$22,028,077
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$233,802
$233,802
Reflect an adjustment in merit system assessments. (CC:Yes)
$879
$879
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,048)
($4,048)
Reflect an adjustment in TeamWorks billings.
$1,293
$1,293
Amount appropriated in this Act
$13,292,152
$22,260,003
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
$718,122,560
Federal Funds and Grants
$62,196,348
Child Care and Development Block Grant (CFDA 93.575)
$2,221,675
Federal Funds Not Specifically Identified
$59,974,673
Other Funds
$341,170,603
Agency Funds
$341,073,833
Other Funds - Not Specifically Identified
$96,770
State Funds
$311,655,025
State General Funds
$311,655,025
Intra-State Government Transfers
$3,100,584
Other Intra-State Government Payments
$3,100,584
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$303,662,180
$710,129,715
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$8,030,740
$8,030,740
3373
3374
JOURNAL OF THE HOUSE
Reflect an adjustment in merit system assessments. (CC:Yes)
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 1.7% increase in square footage.
Transfer funds for 20 additional full-time adult education instructors to the Adult Education program.
Utilize existing funds to provide vocational education opportunities for inmates in county correctional facilities. (CC:Yes)
Provide one-time funds for equipment at the Military Academic and Training Center. (CC:Yes; Provide bond funds for equipment at the Military Academic and Training Center.)
Encourage the Technical College System of Georgia to create third-party cooperative arrangements with the Georgia Vocational Rehabilitation Agency to maximize financial assistance for vocational rehabilitation clients. (CC:Yes)
Transfer contract funds for Speech, Hearing, and Rehabilitation Enterprise of Coastal Georgia, Inc. (SHARE) to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program.
Amount appropriated in this Act
$76,438 $80,563 $162,240 $891,484 ($1,208,620)
$0 $0
$0
($40,000)
$311,655,025
$76,438 $80,563 $162,240 $891,484 ($1,208,620)
$0 $0
$0
($40,000)
$718,122,560
Section 47: Transportation, Department of
Total Funds
Federal Funds and Grants
Federal Highway Administration Highway Planning and Construction
(CFDA 20.205)
Federal Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds
Motor Fuel Funds State General Funds Intra-State Government Transfers
Other Intra-State Government Payments 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
$3,401,227,437 $1,593,146,310
$1,526,284,941
$66,861,369 $92,777,470 $14,041,037 $78,736,433 $1,714,543,424 $1,660,064,000 $54,479,424
$760,233 $760,233
TUESDAY, MARCH 22, 2016
actually paid into the Office of the State Treasurer, attached agency of the Department of Administrative Services. b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional appropriation or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. d.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. e.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses.
47.1. 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
$1,678,795,154
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
$698,242,025
Motor Fuel Funds
$698,242,025
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$223,238,790
$1,203,791,919
Consolidate the Capital Construction Projects program
$0
$0
into the Capital Projects program and transfer funds and
any associated prior year motor fuel funds. (CC:No)
Increase and allocate funds in accordance with the Strategic Transportation Plan approved pursuant to O.C.G.A. 32-5-27.1.
$475,003,235
$475,003,235
Amount appropriated in this Act
$698,242,025 $1,678,795,154
47.2. Capital Maintenance Projects Purpose: The purpose of this appropriation is to provide funding for Capital Outlay for maintenance projects.
3375
3376
JOURNAL OF THE HOUSE
Total Funds
$293,168,959
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
$109,600,000
Motor Fuel Funds
$109,600,000
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 76) as amended
$41,483,404
$225,052,363
Consolidate the Capital Maintenance Projects program
$0
$0
into the Capital Projects program and transfer funds and
any associated prior year motor fuel funds. (CC:No)
Increase and allocate funds in accordance with the Strategic Transportation Plan approved pursuant to O.C.G.A. 32-5-27.1.
$68,116,596
$68,116,596
Amount appropriated in this Act
$109,600,000
$293,168,959
47.3. Capital Projects
Purpose: The purpose of this appropriation is to provide funding for Capital
Outlay road construction, maintenance, and enhancement projects on local
and state road systems and to provide technical and financial assistance to
local governments for construction, maintenance, and resurfacing of local
roads and bridges.
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 76) as
$0
$0
amended
Consolidate the Capital Construction Projects, Capital
$0
$0
Maintenance Projects, and Local Roads Assistance
Administration programs into the Capital Projects
program. (CC:No)
Increase funds to recognize additional revenue from HB
$0
$0
170 (2015 Session) for capital projects. (CC:No)
Amount appropriated in this Act
$0
$0
47.4. Construction Administration
Purpose: The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects.
TUESDAY, MARCH 22, 2016
Total Funds
$169,799,165
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
$4,298,619
State Funds
$96,692,556
Motor Fuel Funds
$96,692,556
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 76) as amended
$82,124,154
$155,230,763
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,974,916
$1,974,916
Increase funds to recognize additional revenue from HB 170 (2015 Session) for construction administration.
$12,593,486
$12,593,486
Amount appropriated in this Act
$96,692,556
$169,799,165
47.5. Data Collection, Compliance and Reporting
Purpose: The purpose of this appropriation is to collect and disseminate crash,
accident, road, and traffic data in accordance with state and federal law in order to provide current and accurate information for planning and public awareness needs.
Total Funds
$12,403,223
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
Other Funds - Not Specifically Identified
$233,000
State Funds
$1,837,709
Motor Fuel Funds
$1,837,709
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 76) as amended
$2,825,346
$13,390,860
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$12,363
$12,363
Transfer funds to the Departmental Administration program to align budget to expenditures.
($1,000,000)
($1,000,000)
3377
3378
JOURNAL OF THE HOUSE
Amount appropriated in this Act
$1,837,709
$12,403,223
47.6. Departmental Administration
Purpose: The purpose of this appropriation is to plan, construct, maintain, and
improve the state's roads and bridges and to provide planning and financial
support for other modes of transportation such as mass transit, airports,
railroads, and waterways.
Total Funds
$78,952,804
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
Other Funds - Not Specifically Identified
$238,000
State Funds
$66,976,011
Motor Fuel Funds
$66,974,177
State General Funds
$1,834
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$55,760,528
$67,737,321
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$1,006,251
$1,006,251
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$1,834
$1,834
Transfer funds from the Planning ($750,000) and Data Collection, Compliance, and Reporting ($1,000,000) programs to align budget to expenditures.
$1,750,000
$1,750,000
Increase funds to recognize additional revenue from HB 170 (2015 Session) for departmental administration.
$8,457,398
$8,457,398
Amount appropriated in this Act
$66,976,011
$78,952,804
47.7. 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
$85,562,631
Federal Funds and Grants
$66,861,369
Federal Funds Not Specifically Identified
$66,861,369
Other Funds
$782,232
TUESDAY, MARCH 22, 2016
Agency Funds
$94,239
Other Funds - Not Specifically Identified
$687,993
State Funds
$17,919,030
State General Funds
$17,919,030
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$16,321,171
$83,964,772
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$51,887
$51,887
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$7,416
$7,416
Reflect an adjustment in merit system assessments. (CC:No)
$0
$0
Increase funds for Airport Aid grants based on projected revenues resulting from HB 170 (2015 Session).
$1,538,556
$1,538,556
Amount appropriated in this Act
$17,919,030
$85,562,631
47.8. Local Maintenance and Improvement Grants
Purpose: The purpose of this appropriation is to provide funding for Capital
Outlay grants to local governments for road and bridge resurfacing projects
through the State Funded Construction - Local Road Assistance Program.
Total Funds
$165,562,234
State Funds
$165,562,234
Motor Fuel Funds
$165,562,234
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$124,470,000
$124,470,000
Increase funds to recognize additional revenue from HB 170 (2015 Session) for Local Maintenance and Improvement grants.
$41,092,234
$41,092,234
Amount appropriated in this Act
$165,562,234
$165,562,234
47.9. Local Road Assistance Administration
Purpose: The purpose of this appropriation is to provide technical and
financial assistance to local governments for construction, maintenance, and
resurfacing of local roads and bridges.
Total Funds
$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
3379
3380
JOURNAL OF THE HOUSE
Motor Fuel Funds
$4,346,461
Intra-State Government Transfers
$595,233
Other Intra-State Government Payments
$595,233
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$4,346,461
$96,597,611
Consolidate the Local Road Assistance Administration
$0
$0
program into the Capital Projects program and transfer
funds and any associated prior year motor fuel funds.
(CC:No)
Increase and allocate funds in accordance with the Strategic Transportation Plan approved pursuant to O.C.G.A. 32-5-27.1. (CC:No)
$0
$0
Amount appropriated in this Act
$4,346,461
$96,597,611
47.10. Planning
Purpose: The purpose of this appropriation is to develop the state
transportation improvement program and the state-wide strategic
transportation plan, and coordinate transportation policies, planning, and
programs related to design, construction, maintenance, operations, and
financing of transportation.
Total Funds
$16,453,554
Federal Funds and Grants
$14,683,804
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$14,683,804
State Funds
$1,769,750
Motor Fuel Funds
$1,769,750
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$2,270,378
$16,954,182
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$24,940
$24,940
Transfer funds to the Departmental Administration program to align budget to expenditures.
($750,000)
($750,000)
Increase funds to recognize additional revenue from HB 170 (2015 Session) for planning.
$224,432
$224,432
Amount appropriated in this Act
$1,769,750
$16,453,554
47.11. 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
TUESDAY, MARCH 22, 2016
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
$454,011,607
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
$423,846,251
Motor Fuel Funds
$423,846,251
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$216,339,439
$246,504,795
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$2,763,168
$2,763,168
Increase funds to recognize additional revenue from HB $204,743,644 170 (2015 Session) for routine maintenance.
$204,743,644
Amount appropriated in this Act
$423,846,251
$454,011,607
47.12. 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
$97,707,637
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
$12,342,969
Other Funds - Not Specifically Identified
$13,191,515
State Funds
$26,062,611
Motor Fuel Funds
$26,062,611
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
3381
3382
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Increase funds to recognize additional revenue from HB 170 (2015 Session) for traffic management, traffic engineering, and signals.
Amount appropriated in this Act
State Funds $21,871,601
$438,527
$3,752,483
$26,062,611
Total Funds $93,516,627
$438,527
$3,752,483
$97,707,637
The following appropriations are for agencies attached for administrative purposes.
47.13. 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
$252,212,858
Federal Funds and Grants
$150,524,072
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$150,524,072
State Funds
$101,688,786
Motor Fuel Funds
$65,130,226
State General Funds
$36,558,560
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 76) as amended
$99,485,952
$250,010,024
Replace $26,716,187 in motor fuel funds with state general funds. (CC:Yes)
$0
$0
Increase funds for debt service.
$2,202,834
$2,202,834
Amount appropriated in this Act
$101,688,786
$252,212,858
Section 48: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds
48.1. Administration Purpose: The purpose of this appropriation is to coordinate, manage, and
$39,202,025 $14,734,560 $14,734,560 $3,104,119 $3,104,119 $21,363,346 $21,363,346
TUESDAY, MARCH 22, 2016
supervise all aspects of department operations to include financial, public
information, personnel, accounting, purchasing, supply, mail, records
management, and information technology.
Total Funds
$1,859,757
State Funds
$1,859,757
State General Funds
$1,859,757
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 76) as amended
$1,801,404
$1,801,404
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$20,316
$20,316
Reflect an adjustment in merit system assessments. (CC:Yes)
$106
$106
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$5,065
$5,065
Reflect an adjustment in TeamWorks billings.
($172)
($172)
Reflect an adjustment in payroll shared services billings.
$2,855
$2,855
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$5,183
$5,183
Utilize existing funds for the Vietnam War Certificate of Honor initiative ($25,000). (CC:Increase funds for the Vietnam War Certificate of Honor initiative.)
$25,000
$25,000
Amount appropriated in this Act
$1,859,757
$1,859,757
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
$1,598,442
Federal Funds and Grants
$928,004
Federal Funds Not Specifically Identified
$928,004
State Funds
$670,438
State General Funds
$670,438
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$661,086
$839,090
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$7,455
$7,455
3383
3384
JOURNAL OF THE HOUSE
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Transfer federal funds from the Veterans Benefits program to reflect projected expenditures.
Amount appropriated in this Act
$39 $1,858
$0 $670,438
$39 $1,858
$750,000 $1,598,442
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
$28,533,422
Federal Funds and Grants
$13,179,116
Federal Funds Not Specifically Identified
$13,179,116
Other Funds
$3,104,119
Agency Funds
$3,104,119
State Funds
$12,250,187
State General Funds
$12,250,187
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$11,951,352
$27,633,160
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$392,100
$392,100
Reflect an adjustment in merit system assessments. (CC:Yes)
$702
$702
Transfer funds for two veterans field service officers to the Veterans Benefits program.
($93,967)
($242,540)
Transfer other funds from the Veterans Benefits program to reflect projected expenditures.
$0
$750,000
Amount appropriated in this Act
$12,250,187
$28,533,422
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
$7,210,404
Federal Funds and Grants
$627,440
Federal Funds Not Specifically Identified
$627,440
State Funds
$6,582,964
State General Funds
$6,582,964
TUESDAY, MARCH 22, 2016
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$6,398,475
$8,525,915
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$72,159
$72,159
Reflect an adjustment in merit system assessments. (CC:Yes)
$376
$376
Reflect an adjustment to agency premiums for
$17,987
$17,987
Department of Administrative Services administered
self insurance programs.
Transfer funds for two veterans field service officers
$93,967
$93,967
from the Georgia War Veterans Nursing Homes program.
Transfer federal funds to the Georgia Veterans Memorial Cemetery program to reflect projected expenditures.
$0
($750,000)
Transfer other funds to the Georgia War Veterans Nursing Home program to reflect projected
$0
($750,000)
expenditures.
Utilize existing funds for one Women's Veterans Services Coordinator position ($150,000). (CC:Yes; Provide for one Women's Veterans Services Coordinator position.)
$0
$0
Amount appropriated in this Act
$6,582,964
$7,210,404
3385
Section 49: Workers' Compensation, State Board of Total Funds Other Funds Other Funds - Not Specifically Identified 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
$13,013,937
Other Funds
$308,353
Other Funds - Not Specifically Identified
$308,353
State Funds
$12,705,584
State General Funds
$12,705,584
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
$21,097,903 $373,832 $373,832
$20,724,071 $20,724,071
3386
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 76) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
Reflect an adjustment in merit system assessments. (CC:Yes)
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reduce funds to reflect an increase in operating efficiencies. (CC:No)
Amount appropriated in this Act
State Funds $12,442,450
$257,003
$2,383 $3,748
$0 $12,705,584
Total Funds $12,750,803
$257,003
$2,383 $3,748
$0 $13,013,937
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
$8,083,966
Other Funds
$65,479
Other Funds - Not Specifically Identified
$65,479
State Funds
$8,018,487
State General Funds
$8,018,487
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$9,875,906
$9,941,385
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2016.
$203,991
$203,991
Reflect an adjustment in merit system assessments. (CC:Yes)
$1,891
$1,891
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,974
$2,974
Reflect an adjustment in TeamWorks billings.
$1,239
$1,239
Provide for an increase in the employer share of the Employees' Retirement System contribution rate to provide a one-time benefit adjustment of 3% to retired state employees. (CC:Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.)
$8,933
$8,933
Reduce the payment to the Office of the State Treasurer from $4,152,893 to $2,076,446.
($2,076,447)
($2,076,447)
Reduce funds to reflect an increase in operating efficiencies. (CC:No)
$0
$0
Amount appropriated in this Act
$8,018,487
$8,083,966
TUESDAY, MARCH 22, 2016
3387
Section 50: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$1,222,993,688 $20,010,634 $20,010,634
$1,202,983,054 $1,202,983,054
50.1. GO Bonds Issued
Total Funds
$1,116,821,190
Federal Funds and Grants
$20,010,634
Federal Funds Not Specifically Identified
$20,010,634
State Funds
$1,096,810,556
State General Funds
$1,096,810,556
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 76) as $1,096,780,192 amended
$1,116,790,826
Transfer funds from the GO Bonds New program to reflect the issuance of new bonds.
$117,927,609
$117,927,609
Reduce funds for debt service to reflect savings associated with refundings and favorable rates received in recent bond sales.
($118,912,247)
($118,912,247)
Replace $136,777,277 in motor fuel funds with state
$0
$0
general funds for debt service on road and bridge
general obligation bonds. (CC:Yes)
Increase funds for debt service. (CC:No)
$0
$0
Increase state general funds for debt service on road and bridge projects to meet projected need.
$1,709,202
$1,709,202
Redirect $680,000 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 2017 Capital Outlay Program
Regular for local school construction, statewide.
(CC:Yes)
Redirect $330,000 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 Exceptional Growth (HB 78, Bond 379.302)
to be used for the FY 2017 Capital Outlay Program
Regular for local school construction, statewide.
(CC:Yes)
Redirect $315,000 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 Low Wealth (HB 78, Bond 379.304) to be
3388
JOURNAL OF THE HOUSE
used for the FY 2017 Capital Outlay Program Regular for local school construction, statewide. (CC:Yes)
Redirect $3,600,000 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 2017 Capital Outlay Program Regular for local
school construction, statewide. (CC:Yes)
Redirect $1,540,000 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 Growth (HB 742, Bond #2) to be used for the
FY 2017 Capital Outlay Program Regular for local
school construction, statewide. (CC:Yes)
Redirect $12,000,000 in 20-year unissued bonds from
$0
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 2017 Capital Outlay Program
Regular for local school construction, statewide.
(CC:Yes)
Redirect $11,590,000 in 20-year unissued bonds from
$0
FY 2015 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 744, Bond #1) to be
used for the FY 2017 Capital Outlay Program Regular
for local school construction, statewide. (CC:Yes)
Repeal the authorization of $3,000,000 in unissued 5year bonds from FY 2015 (HB 744, Bond #110, revised in HB 75) to upgrade information systems for the Secretary of State.
($694,200)
Amount appropriated in this Act
$1,096,810,556
$0 $0 $0 $0 ($694,200) $1,116,821,190
50.2. GO Bonds New
Total Funds
$106,172,498
State Funds
$106,172,498
State General Funds
$106,172,498
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 76) as amended
$117,927,609
$117,927,609
Transfer funds to the GO Bonds Issued program to reflect the issuance of new bonds.
($117,927,609) ($117,927,609)
Increase funds for debt service.
$106,172,498
$106,172,498
Amount appropriated in this Act
$106,172,498
$106,172,498
TUESDAY, MARCH 22, 2016
Bond Financing Appropriated: [Bond # 1] From State General Funds, $14,762,148 is specifically appropriated for the State Board of Education (Department of Education) for the purpose of financing educational facilities for county and independent school systems, through the issuance of not more than $172,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 2] From State General Funds, $371,076 is specifically appropriated for the State Board of Education (Department of Education) for the purpose of financing educational facilities for county and independent school systems, through the issuance of not more than $4,335,000 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, $2,469,988 is specifically appropriated for the State Board of Education (Department of Education) for the purpose of financing educational facilities for county and independent school systems, through the issuance of not more than $28,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 4] From State General Funds, $1,422,244 is specifically appropriated for the State Board of Education (Department of Education) for the purpose of financing educational facilities for county and independent school systems, through the issuance of not more than $16,615,000 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, $1,897,048 is specifically appropriated for the State Board of Education (Department of Education) for the purpose of financing educational facilities for county and independent school systems, through the issuance of not more than $14,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 6] From State General Funds, $164,780 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,925,000 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, $57,658 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 $635,000 in principal amount of General Obligation Debt, the instruments of which shall
3389
3390
JOURNAL OF THE HOUSE
have maturities not in excess of two hundred and forty months.
[Bond # 8] From State General Funds, $208,840 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 $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 9] From State General Funds, $1,851,200 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 10] From State General Funds, $85,600 is specifically appropriated for the State Board of Education (Department of Education) for the purpose of financing educational facilities for county and independent school systems, 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 # 11] From State General Funds, $181,600 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 $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 # 12] From State General Funds, $4,451,200 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 $52,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 13] From State General Funds, $485,940 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of
TUESDAY, MARCH 22, 2016
not more than $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 14] 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 # 15] 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 # 16] From State General Funds, $462,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 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, $535,720 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 $5,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 18] From State General Funds, $1,624,260 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 $18,975,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 19] From State General Funds, $208,260 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of
3391
3392
JOURNAL OF THE HOUSE
the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 20] From State General Funds, $254,540 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 $1,100,000 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, $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 # 22] From State General Funds, $416,872 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,870,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 23] From State General Funds, $321,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 24] From State General Funds, $2,508,080 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of
TUESDAY, MARCH 22, 2016
not more than $29,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 25] From State General Funds, $1,515,120 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 $17,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 26] 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.
[Bond # 27] From State General Funds, $445,120 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 $5,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 28] From State General Funds, $282,480 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 29] From State General Funds, $971,880 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 $4,200,000 in principal amount of General Obligation Debt, the
3393
3394
JOURNAL OF THE HOUSE
instruments of which shall have maturities not in excess of sixty months.
[Bond # 30] From State General Funds, $556,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 31] From State General Funds, $136,960 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 32] 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 # 33] 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.
[Bond # 34] From State General Funds, $150,410 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
TUESDAY, MARCH 22, 2016
[Bond # 35] 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 # 36] 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 # 37] 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 # 38] From State General Funds, $111,280 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Board of Trustees of the Georgia Military College by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 39] From State General Funds, $116,857 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Board of Trustees of the Georgia Military College by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 40] From State General Funds, $171,200 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose
3395
3396
JOURNAL OF THE HOUSE
of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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 # 41] From State General Funds, $462,800 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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 # 42] From State General Funds, $171,200 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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 # 43] From State General Funds, $115,700 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Georgia Public Telecommunications 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 $500,000 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, $200,161 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing projects and facilities for the Georgia Public Telecommunications 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 $865,000 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, $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.
TUESDAY, MARCH 22, 2016
[Bond # 46] From State General Funds, $272,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 47] From State General Funds, $115,560 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 48] From State General Funds, $327,420 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,825,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 49] From State General Funds, $171,200 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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 # 50] From State General Funds, $171,200 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, 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 # 51] From State General Funds, $154,080 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing public library facilities for counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, through the issuance of not more than $1,800,000 in principal amount of
3397
3398
JOURNAL OF THE HOUSE
General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 52] From State General Funds, $1,362,000 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 $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 53] From State General Funds, $2,776,800 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 $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 54] From State General Funds, $2,176,317 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,405,000 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, $4,382,916 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 $48,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 56] From State General Funds, $454,000 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 two hundred and forty months.
[Bond # 57] From State General Funds, $1,468,690 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,
TUESDAY, MARCH 22, 2016
buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,175,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 58] From State General Funds, $1,139,086 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 $12,545,000 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, $817,200 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 60] From State General Funds, $45,400 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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, $90,800 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 $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 # 62] From State General Funds, $433,564 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 $5,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
3399
3400
JOURNAL OF THE HOUSE
[Bond # 63] From State General Funds, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 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, $94,874 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 $410,000 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, $1,115,348 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 $4,820,000 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, $1,110,720 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 $4,800,000 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, $92,560 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 sixty months.
[Bond # 68] From State General Funds, $256,800 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
TUESDAY, MARCH 22, 2016
$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 # 69] From State General Funds, $227,000 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 $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 # 70] From State General Funds, $351,728 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Supervision by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,520,000 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, $134,212 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Supervision by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 72] From State General Funds, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 73] From State General Funds, $537,568 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 $6,280,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 74] From State General Funds, $593,541 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,
3401
3402
JOURNAL OF THE HOUSE
structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,565,000 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, $960,432 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 $11,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 76] From State General Funds, $160,024 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 $1,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 77] From State General Funds, $521,807 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 $2,255,000 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, $1,175,716 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 $13,735,000 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, $333,412 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 $3,895,000 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, $168,922 is specifically appropriated for the purpose of financing projects and facilities for the Department of
TUESDAY, MARCH 22, 2016
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 $730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 81] From State General Funds, $17,120 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 $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 # 82] From State General Funds, $1,914,835 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 $8,275,000 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, $48,594 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 $210,000 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, $234,871 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 $1,015,000 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, $163,137 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 $705,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
3403
3404
JOURNAL OF THE HOUSE
[Bond # 86] From State General Funds, $399,165 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 $1,725,000 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, $38,520 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 $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 88] From State General Funds, $69,420 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 $300,000 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, $246,441 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 $1,065,000 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, $462,800 is specifically appropriated for the Georgia Bureau of Investigation for the purpose of financing projects and facilities for the Criminal Justice Coordinating Council by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 91] From State General Funds, $430,404 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
TUESDAY, MARCH 22, 2016
or useful in connection therewith, through the issuance of not more than $1,860,000 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, $470,800 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 $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 93] From State General Funds, $1,426,581 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 $6,165,000 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, $647,920 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 $2,800,000 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, $330,416 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 96] From State General Funds, $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 # 97] From State General Funds, $199,004 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development,
3405
3406
JOURNAL OF THE HOUSE
extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $860,000 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, $174,707 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 $755,000 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, $1,470,547 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 $6,355,000 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, $300,820 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 $1,300,000 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, $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 # 102] From State General Funds, $312,440 is specifically appropriated for the Department of Public Safety for the purpose of financing projects and facilities for the Georgia Public Safety Training Center by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
TUESDAY, MARCH 22, 2016
[Bond # 103] 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 # 104] From State General Funds, $578,500 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 $2,500,000 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, $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 # 106] 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 # 107] From State General Funds, $578,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia General Assembly Joint Offices by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 108] From State General Funds, $419,991 is specifically appropriated for the purpose of financing projects and facilities for the Georgia House of Representatives by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than
3407
3408
JOURNAL OF THE HOUSE
$1,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 109] From State General Funds, $138,840 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 $600,000 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, $173,550 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Public Defender Council by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 111] From State General Funds, $416,520 is specifically appropriated for the purpose of financing projects and facilities for the Public Service 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 112] From State General Funds, $5,322,200 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 $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 113] From State General Funds, $462,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 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, $231,400 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,
TUESDAY, MARCH 22, 2016
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 # 115] 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. [Bond # 116] From State General Funds, $138,840 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 $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 117] From State General Funds, $428,000 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste facilities or systems, 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 # 118] From State General Funds, $856,000 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste 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 # 119] From State General Funds, $342,400 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 $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 # 120] From State General Funds, $858,494 is specifically appropriated for the purpose of financing projects and facilities for the Department of
3409
3410
JOURNAL OF THE HOUSE
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 $3,710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 121] From State General Funds, $1,747,900 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 $19,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 122] From State General Funds, $347,100 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 123] From State General Funds, $29,960 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 $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 # 124] From State General Funds, $1,707,040 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 $18,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 125] From State General Funds, $417,677 is specifically appropriated for the Department of Transportation for the purpose of financing projects and facilities for the Georgia Regional Transportation 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
TUESDAY, MARCH 22, 2016
connection therewith, through the issuance of not more than $1,805,000 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, $428,000 is specifically appropriated for the Department of Transportation for the purpose of financing projects and facilities for the Georgia Regional Transportation 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 # 127] From State General Funds, $573,520 is specifically appropriated for the purpose of financing projects and facilities for the State Soil and Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 128] 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 # 129] From State General Funds, $170,250 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 $1,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 130] From State General Funds, $558,420 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
3411
3412
JOURNAL OF THE HOUSE
[Bond # 131] From State General Funds, $272,400 is specifically appropriated for the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 132] From State General Funds, $363,200 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 $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.
Section 51: General Obligation Bonds Repealed, Revised, or Reinstated
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) signed by the Governor on April 28, 2014, carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2014 2015 (Ga. L. 2015, Volume One Appendix, commencing at p. 1 of 98, 92, Act No. 1, 2015 Regular Session, H.B. 75) signed by the Governor on February 19, 2015, and which reads as follows:
[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.
is hereby repealed in its entirety.
TUESDAY, MARCH 22, 2016
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 2016 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, 2016.
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 Banking and Finance, Department of Behavioral Health and Developmental Disabilities, Department of Corrections, Georgia Bureau of Investigation, Department of Juvenile Justice, Department of Law, Department of Natural Resources, Department of Public Health, Department of Public Safety, Prosecuting Attorneys, and Georgia Public Defender Council. The amount for this item is calculated according to an effective date of July 1, 2016.
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, 2016.
4.) In lieu of other numbered items, funds for the Department of Early Care and Learning for pre-kindergarten teachers to be used for employee recruitment and retention initiatives. The amount for this item is calculated according to an effective date of July 1, 2016.
5.) Before Item 4 above, but not in lieu of it, additional funds for the Department of Early Care and Learning to implement a new compensation model to retain lead teachers, increase assistant teacher salaries, and maintain classroom quality. The amount for this item is calculated according to an effective date of July 1, 2016.
6.) In lieu of other numbered items, additional funds 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 2016 and salary
3413
3414
JOURNAL OF THE HOUSE
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, 2016.
7.) 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, 2016.
8.) 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 2016 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, 2016.
9.) 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 2016 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, 2016.
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
TUESDAY, MARCH 22, 2016
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 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
3415
3416
JOURNAL OF THE HOUSE
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.
For purposes of the appropriations for the "Capital Construction Projects," "Capital Maintenance Projects," and "Local Road Assistance Administration" programs of the Department of Transportation, 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.
Representative England of the 116th moved that the House adopt the report of the Committee of Conference on HB 751.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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 N Stover Y Strickland
TUESDAY, MARCH 22, 2016
3417
Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 171, nays 1.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 899. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Jones of the 47th, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapters 13 and 13A of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers and master settlement agreement enhancements, respectively, so as to revise and add certain definitions; to provide for procedures, conditions, and limitations; to provide for responsibilities of cigarette importers and stamping agents; to provide for duties of the Attorney General and the revenue commissioner; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to clarify applicability in conjunction with other provisions of law; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
3418
JOURNAL OF THE HOUSE
A BILL TO BE ENTITLED AN ACT
To amend Chapters 13 and 13A of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers and master settlement agreement enhancements, respectively, so as to revise and add certain definitions; to provide for procedures, conditions, and limitations; to provide for responsibilities of cigarette importers and stamping agents; to provide for duties of the Attorney General and the revenue commissioner; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to clarify applicability in conjunction with other provisions of law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, is amended by revising Code Section 10-13-2, relating to definitions regarding tobacco product manufacturers, as follows:
"10-13-2. As used in this chapter, the term:
(1) 'Adjusted for inflation' means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) 'Affiliate' means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms 'owns,' 'is owned,' and 'ownership' mean ownership of an equity interest, or the equivalent thereof of 10 percent or more, and the term 'person' means an individual, partnership, committee, association, corporation, or any other organization or group of persons. (3) 'Allocable share' means Allocable Share as that term is defined in the Master Settlement Agreement. (4) 'Cigarette' means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (B) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (C) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (A) of this definition. The term 'cigarette' includes 'roll-your-own' (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this
TUESDAY, MARCH 22, 2016
3419
definition of 'cigarette,' 0.09 ounces of 'roll-your-own' tobacco shall constitute one individual 'cigarette.' (5) 'Importer' means any person in the United States to whom nonfederal excise taxpaid cigarettes manufactured in a foreign country are shipped or consigned, any person who removes cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse, or any person who smuggles or otherwise unlawfully brings cigarettes into the United States. (6) 'Master Settlement Agreement' means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. (6)(7) 'Qualified escrow fund' means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1 billion where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subparagraph (B) of paragraph (2) of Code Section 10-13-3. The principal balance in the qualified escrow fund must always be maintained so that both the face value and the cost basis of the account are each equal to or greater than the accumulated principal deposits. (7)(8) 'Released claims' means Released Claims as that term is defined in the Master Settlement Agreement. (8)(9) 'Releasing parties' means Releasing Parties as that term is defined in the Master Settlement Agreement. (9)(10) 'Tobacco product manufacturer' means an entity that after the date of enactment of this chapter directly (and not exclusively through any affiliate):
(A) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsections subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (B) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (C) Becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph.
3420
JOURNAL OF THE HOUSE
The term 'tobacco product manufacturer' shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subparagraphs (A) through (C) of this paragraph.
(10)(11) 'Units sold' means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or 'roll-your-own' tobacco containers) bearing the excise tax stamp of the state on packs required to bear a tax stamp pursuant to Code Section 48-11-3 and on 'roll-your-own' tobacco on which excise tax is due either by tax stamp or pursuant to an alternate method of taxation. 'Units sold' does not include cigarettes the purchase or use of which the state is prohibited from taxing under the Constitution or statutes of the United States. The state revenue commissioner shall and the Attorney General may promulgate such regulations as are necessary to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year."
SECTION 2. Said chapter is further amended by revising Code Section 10-13-3, relating to deposits into escrow accounts, as follows:
"10-13-3. Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after the date of enactment of this chapter shall do one of the following:
(1) Become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or
(2)(A) Place into a qualified escrow fund by April 15 of the year following the year in question on a quarterly basis, no later than 30 days after the end of each calendar quarter in which sales are made, the following amounts (as such amounts are adjusted for inflation):
(i) 1999: $0.0094241 per unit sold after the date of enactment of this chapter; (ii) 2000: $0.0104712 per unit sold; (iii) For each of 2001 and 2002: $0.0136125 per unit sold; (iv) For each of 2003 through 2006: $0.0167539 per unit sold; and (v) For each of 2007 and each year thereafter: $0.0188482 per unit sold. (B) A tobacco product manufacturer that places funds into escrow pursuant to subparagraph (A) of this paragraph shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances: (i) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this division: (I) in the order in which they were placed into escrow; and (II) only to the extent and
TUESDAY, MARCH 22, 2016
3421
at the time necessary to make payments required under such judgment or settlement; (ii) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the state in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including, after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or (iii) To the extent not released from escrow under division (i) or (ii) of this subparagraph, funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow. (C) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this paragraph shall annually quarterly and annually certify to the Attorney General that it is in compliance with this paragraph. The Attorney General may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under this paragraph. Any tobacco product manufacturer that fails in any calendar quarter or year to place into escrow the funds required under this paragraph shall: (i) Be required within 15 days to place such funds into escrow as shall bring it into compliance with this paragraph. The court, upon a finding of a violation of this paragraph, may impose a civil penalty (to be paid to the general fund of the state) in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow; (ii) In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this Code section. The court, upon a finding of a knowing violation of this paragraph, may impose a civil penalty (to be paid to the general fund of the state) in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and (iii) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary) for a period not to exceed two years. (D) An importer shall be jointly and severally liable for escrow deposits due from a nonparticipating manufacturer with respect to any nonparticipating manufacturer cigarettes that it imported and which were then sold in this state. Each failure to make an a quarterly or annual deposit required under this Code section shall constitute a separate violation."
3422
JOURNAL OF THE HOUSE
SECTION 3. Chapter 13A of Title 10 of the Official Code of Georgia Annotated, relating to master settlement agreement enhancements, is repealed and reenacted to read as follows:
"CHAPTER 13A
10-13A-1. The General Assembly finds that violations of Chapter 13 of this title threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The General Assembly finds that enacting procedural enhancements will aid the enforcement of such chapter and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the state, and the public health.
10-13A-2. As used in this chapter, the term:
(1) 'Brand family' means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, 'menthol,' 'lights,' 'kings,' and '100s,' and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to or identifiable with a previously known brand of cigarettes. (2) 'Cigarette' means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (B) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (C) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (A) of this definition. The term 'cigarette' includes 'roll-your-own' (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of 'cigarette,' 0.09 ounces of 'roll-your-own' tobacco shall constitute one individual 'cigarette.' (3) 'Commissioner' means the state revenue commissioner. (4) 'Dealer' means cigarette and loose and smokeless dealers as defined in paragraphs (7) and (17) of Code Section 48-11-1. (5) 'Directory' means the directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of Code Section 10-13A-3 and all brand families that are listed in such certifications developed by the Attorney General pursuant to Code Section 10-13A-4, or in the case
TUESDAY, MARCH 22, 2016
3423
of reference to another state's directory, the directory compiled under the similar law of the other state. (5)(6) 'Distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on dealers; and (B) Is engaged in the business of:
(i) Manufacturing cigars or cigarettes in this state, importing cigars or cigarettes into this state, or purchasing cigars or cigarettes from other manufacturers or distributors; and (ii) Selling the cigars or cigarettes to dealers in this state for resale but is not in the business of selling the cigars or cigarettes directly to the ultimate consumer of the cigars or cigarettes. (7) 'Importer' means any person in the United States to whom nonfederal excise taxpaid cigarettes manufactured in a foreign country are shipped or consigned, any person who removes cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse, or any person who smuggles or otherwise unlawfully brings cigarettes into the United States. (6)(8) 'Master Settlement Agreement' means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. (7)(9) 'Nonparticipating manufacturer' means any tobacco product manufacturer that is not a participating manufacturer. (10) 'Package' means any pack or other container on which a state stamp could be applied consistent with and as required by Code Section 48-11-3 that contains one or more individual cigarettes for sale. Nothing in this paragraph shall alter any other applicable requirements with respect to the minimum number of cigarettes that may be contained in a pack or other container of cigarettes. References to package do not include a container of multiple packages. (8)(11) 'Participating manufacturer' has the meaning given that term in subsection II(jj) of the Master Settlement Agreement and all amendments thereto. (12) 'Person' means any natural person, trustee, company, partnership, corporation, or other legal entity. (13) 'Purchase' means any acquisition in any manner or by any means for any consideration. The term includes transporting or receiving product in connection with a purchase. (14) 'Qualified escrow fund' means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1 billion where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subparagraph (B) of paragraph (2) of Code Section 10-13-3. The principal balance in the qualified escrow fund must always be maintained so that both
3424
JOURNAL OF THE HOUSE
the face value and the cost basis of the account are each equal to or greater than the accumulated principal deposits. (15) 'Sale or sell' means any transfer, exchange, or barter in any manner or by any means for any consideration. Sale or sell includes distributing or shipping product in connection with a sale. References to sale 'in' or 'into' a state refers to the state of the destination point of the product in the sale, without regard to where title was transferred. References to sale 'from' the state refers to the sale of cigarettes that are located in the state to the destination in question without regard to where title was transferred. (16) 'Stamping agent' means any person that is authorized to affix stamps to packages or other containers of cigarettes under Code Section 48-11-3 or any person that is required to pay the excise tax under the alternate method of taxation, if so prescribed pursuant to Code Section 48-11-3 on 'roll-your-own' tobacco. (9) 'Qualified escrow fund' means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1 billion where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subparagraph (B) of paragraph (2) of Code Section 10-13-3. (10)(17) 'Tobacco product manufacturer' means an entity that after April 28, 1999:
(A) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (B) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (C) Becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph. The term tobacco product manufacturer shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subparagraphs (A) through (C) of this paragraph. (11)(18) 'Units sold' means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or 'roll-your-own' tobacco containers) bearing the excise tax stamp of the state. on cigarette packs required to
TUESDAY, MARCH 22, 2016
3425
bear a tax stamp pursuant to Code Section 48-11-3 and on 'roll-your-own' tobacco on which excise tax is due either by tax stamp or pursuant to an alternate method of taxation. 'Units sold' does not include cigarettes the purchase or use of which the state is prohibited from taxing under the Constitution or statutes of the United States. The state revenue commissioner shall and the Attorney General may promulgate such regulations as are necessary to ascertain the amount of state excise tax paid on cigarettes of such tobacco product manufacturer for each year.
10-13A-3. (a) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver in the manner prescribed by the Attorney General a certification to the commissioner and Attorney General, no later than the thirtieth day of April each year, certifying that, as of the date of such certification, such tobacco product manufacturer either is a participating manufacturer or is in full compliance with Chapter 13 of this title, including all annual deposits required by paragraph (2) of Code Section 10-13-3. (b) Every tobacco product manufacturer shall also certify that:
(1) Such manufacturer or its importer holds a valid permit under 26 U.S.C. Section 5713; and (2) Such manufacturer is in compliance with all reporting and registration requirements of 15 U.S.C. Sections 376 and 376a. (c) A In addition, participating manufacturer shall include in its certification a list of its brand families. A participating manufacturer shall update such list 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General and commissioner. A participating manufacturer may not include a brand family in its certification unless the participating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement. (c)(d) A nonparticipating manufacturer shall include in its certification a list of all of its brand families and the number of units sold for each brand family that were sold in this state during the preceding calendar year and a list of all of its brand families that have been sold in this state at any time during the current calendar year. Such lists must indicate by an asterisk any brand family sold in this state during the preceding calendar year that is no longer being sold in this state as of the date of such certification, and identification by name and address of any other manufacturer of such brand families in the preceding or current calendar year. The nonparticipating manufacturer shall update such list 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General and commissioner. A nonparticipating manufacturer may not include a brand family in its certification unless such nonparticipating manufacturer affirms that the brand family is
3426
JOURNAL OF THE HOUSE
to be deemed to be its cigarettes for purposes of Chapter 13 of this title. Such certification must also certify:
(1) That such nonparticipating manufacturer is registered to do business in this state and has appointed a resident agent for service of process and provided notice thereof as required by Code Section 10-13A-6; (2) That such nonparticipating manufacturer has established and continues to maintain a qualified escrow fund as required by Code Section 10-13-3 and has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund; (3) That such nonparticipating manufacturer is in full compliance with Chapter 13 of this title, and with this chapter, Chapter 11 of Title 48, and any regulations promulgated pursuant to either chapter such chapters; and (4) The name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established such qualified escrow fund required pursuant to Chapter 13 of this title and all regulations promulgated pursuant to such chapter; the account number of such qualified escrow fund and any subaccount number for this state; the amount such nonparticipating manufacturer placed in such fund for cigarettes sold in this state during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the Attorney General to confirm the foregoing; and the amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from such fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to Chapter 13 of this title and all regulations promulgated pursuant to such chapter.; (5) That such nonparticipating manufacturer consents to be sued in the courts of the State of Georgia for purposes of the state:
(A) Enforcing this chapter, Chapter 13 of this title, Title 48, and any regulations promulgated pursuant to these provisions; or (B) Bringing a released claim as defined in paragraph (8) of Code Section 10-13-2; (6) That such nonparticipating manufacturer has posted the appropriate bond required under Code Section 10-13A-7 and the information needed to establish the existence of such bond; and (7) In the case of a nonparticipating manufacturer located outside of the United States, the nonparticipating manufacturer shall provide a declaration from each of its importers into the United States of any of its brand families to be sold in this state. The declaration shall be on a form prescribed by the Attorney General and shall state the following: (A) The importer accepts joint and several liability with the nonparticipating manufacturer for all obligations to place funds into a qualified escrow fund and for payment of all civil penalties and all reasonable costs and expenses of investigation and prosecution, including attorney's fees; (B) The importer consents to personal jurisdiction in Georgia for the purposes of claims by the state for any obligation to place funds into a qualified escrow fund and
TUESDAY, MARCH 22, 2016
3427
for payment of all civil penalties and all reasonable costs and expenses of investigation and prosecution, including attorney's fees; and (C) The importer has appointed a registered agent for service of process in Georgia according to the same requirements as established in Code Section 10-13A-6 for any nonresident or foreign nonparticipating manufacturer. Certification in accordance with this subsection shall be deemed to be in compliance with subparagraph (C) of paragraph (2) of Code Section 10-13-3. (d)(e) Nothing in this Code section shall be construed as limiting or otherwise affecting the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of Chapter 13 of this title. (e)(f) Tobacco product manufacturers shall maintain all invoices and documentation of sales and other such information relied upon for such certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.
10-13A-4. (a) Not later than August 1, 2004, the The Attorney General shall develop and make available for public inspection on its website a directory, as defined in paragraph (4) (5) of Code Section 10-13A-2. (b) The Attorney General shall not include or retain in such directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose certification the Attorney General determines is not in compliance with subsection (c) of Code Section 10-13A-3, unless the Attorney General has determined that such violation has been cured to the satisfaction of the Attorney General. (c) Neither a tobacco product manufacturer nor brand family shall be included or retained in the directory if the Attorney General concludes, in the case of a nonparticipating manufacturer, that:
(1) Any escrow payment required pursuant to Chapter 13 of this title for any period for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; or (2) Any outstanding final judgment, including interest thereon, for a violation of Chapter 13 of this title has not been fully satisfied for such brand family or such manufacturer. (d) The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove tobacco product manufacturers or brand families to keep the directory in conformity with the requirements of this chapter. (e) Every distributor shall provide and update as necessary an e-mail address to the Attorney General for the purpose of receiving any notifications as may be required by this chapter.
3428
JOURNAL OF THE HOUSE
10-13A-5. It shall be unlawful for any person to affix a tax stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory or to sell, offer for sale, or possess with intent to sell, or import for personal use, in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.
10-13A-6. (a) Any nonresident or foreign nonparticipating manufacturer or importer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this state as required by Code Section 48-11-5 to act as agent for the service of process on whom all process and any action or proceeding against it concerning or arising out of the enforcement of Chapter 13 of this title or this chapter may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of such agent to the satisfaction of the commissioner and Attorney General. (b) The nonparticipating manufacturer or importer shall provide notice to the commissioner and Attorney General 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the agent and the nonparticipating manufacturer or importer shall notify the commissioner and Attorney General of said termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent. (c) Any nonparticipating manufacturer or importer whose cigarettes are sold in this state who has not appointed and engaged an agent as required in this Code section shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this state by service of process upon the Secretary of State; provided, however, that the appointment of the Secretary of State as such agent shall not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer or importer included or retained in the directory. (d) The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this chapter. The Attorney General shall post in the directory and transmit by e-mail or other practicable means to each notice of any removal from the directory of a tobacco product manufacturer or brand family at least 30 days prior to removal from the directory of such tobacco product manufacturer or brand family. Unless otherwise provided by agreement between the wholesaler and a tobacco product manufacturer, the wholesaler shall be entitled to a
TUESDAY, MARCH 22, 2016
3429
refund from a tobacco product manufacturer for any money paid by the wholesaler to the tobacco product manufacturer for any cigarettes of the tobacco product manufacturer in the possession of the wholesaler on the effective date of removal from the directory, or as subsequently received from a retail dealer as provided in this chapter, of products of that tobacco product manufacturer or brand family of cigarettes. Unless otherwise provided by agreement between a retail dealer and the wholesaler or a tobacco product manufacturer, a retail dealer shall be entitled to a refund from the wholesaler or a tobacco product manufacturer for any money paid by the retail dealer to the wholesaler or such tobacco product manufacturer for any cigarettes of the tobacco product manufacturer still in the possession of the retail dealer on the effective date of removal from the directory of that tobacco product manufacturer or brand family.
10-13A-7. (a) All nonparticipating manufacturers shall post a bond for the benefit of the state which is subject to execution under subsection (c) of this Code section. The bond shall be posted by a corporate surety located within the United States. The bond shall be posted and evidence of such posting shall be provided to the Attorney General with the nonparticipating manufacturer's quarterly and annual certifications as a condition of the nonparticipating manufacturer and its brand families being included or remaining in the directory for the following quarter or year. (b) The amount of the bond shall be the greater of:
(1) Fifty thousand dollars; or (2) The highest amount of escrow owed in Georgia by the nonparticipating manufacturer or its predecessor in the last 12 quarters. (c) If a nonparticipating manufacturer that posted a bond has failed to make, or have made on its behalf by an entity with joint and several liability, escrow deposits equal to the full amount owed for a quarter within 15 days following the due date for the quarter under Code Section 10-13-3, the state may execute upon the bond, first to recover delinquent escrow, which amount shall be deposited into a qualified escrow account under Code Section 10-13-3, and then to recover civil penalties and costs authorized under such Code section. Escrow obligations above the amount collected on the bond remain due from that nonparticipating manufacturer and from the importers that sold its cigarettes during that calendar quarter and at any time prior to the removal of the nonparticipating manufacturer and brand from the directory.
10-13A-7. 10-13A-8. (a) Not later than 20 10 calendar days after the end of each calendar quarter month, and more frequently if so directed by the Attorney General, each distributor shall submit such information as the Attorney General requires to facilitate compliance with this chapter, including, but not limited to, a list by brand family of the total number of cigarettes, or, in the case of 'roll-your-own,' the equivalent count, for which the distributor affixed tax stamps during the previous calendar quarter month or otherwise paid the tax due for such cigarettes. The distributor shall also certify that the
3430
JOURNAL OF THE HOUSE
information provided to the Attorney General is complete and accurate. The distributor shall maintain and make available to the Attorney General all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the Attorney General for a period of five years. (b) The commissioner is authorized to disclose to the Attorney General any information received under this chapter and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of this chapter. The commissioner and Attorney General shall share with each other the information received under this chapter and may share such information with other federal, state, or local agencies only for purposes of enforcement of this chapter or the corresponding laws of other states. Notwithstanding any law to the contrary, the commissioner and the Attorney General are authorized to disclose to each other any information received under this chapter, Chapter 13 of this title, and Title 48 for the purposes of determining compliance with and enforcing the provisions of this chapter, Chapter 13 of this title, and Title 48. The commissioner and Attorney General may also share such information with other federal, state, or local courts or agencies for purposes of enforcing the provisions of this chapter, Chapter 13 of this title, or the corresponding laws of other states. The commissioner and Attorney General may also disclose information provided under this Code section, Chapter 13 of this title, and Title 48 that may otherwise be confidential:
(1) In discharge of the duty to enforce or defend the provisions of this part or Chapter 13 of this title; (2) In the course of any litigation, arbitration, or proceeding related to this part, Chapter 13 of this title, the Master Settlement Agreement, or the NPM Adjustment Settlement Agreement; or (3) In complying with provisions in the NPM Adjustment Settlement Agreement. Despite this disclosure, the information shall maintain its confidential status. (c) Any tobacco sales data provided by another state, a tobacco product manufacturer, or other person or entity to a data clearing-house pursuant to the NPM Adjustment Settlement Agreement that is also provided to the Attorney General or commissioner pursuant to that agreement shall be treated as confidential tax information as defined in Title 48. This subsection only applies to information received by the Attorney General or commissioner solely as a result of the NPM Adjustment Settlement Agreement. (c)(d) The Attorney General may require at any time from the nonparticipating manufacturer proof from the financial institution in which such manufacturer has established a qualified escrow fund for the purpose of compliance with Chapter 13 of this title of the amount of money in such fund, exclusive of interest, the amount and date of each deposit to such fund, and the amount and date of each withdrawal from such fund. (d)(e) In addition to the information required to be submitted pursuant to this chapter, the Attorney General may require a distributor, stamping agent, or tobacco product manufacturer to submit any additional information or documentation, including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to
TUESDAY, MARCH 22, 2016
3431
enable the Attorney General to determine whether a tobacco product manufacturer is in compliance with this chapter. (e)(f) To promote compliance with this chapter, the Attorney General may promulgate regulations requiring a tobacco product manufacturer subject to the requirements of subsection (c) of Code Section 10-13A-3 to make the annual escrow deposits required during the year in which the sales covered by such deposits are made. The Attorney General may also require production of information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment quarterly or annual escrow deposit.
10-13A-8. 10-13A-9. (a) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a distributor stamping agent has violated Code Section 10-13A-5 or any regulation adopted pursuant to this chapter, the commissioner may revoke or suspend the dealer or distributor's license of the distributor stamping agent in the manner provided by Code Section 48-11-6. Each tax stamp affixed and each sale or offer to sell cigarettes in violation of Code Section 10-13A-5 or the rules and regulations adopted pursuant to this chapter shall constitute a separate violation. For each violation, the commissioner may also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes or $5,000.00 upon a determination of a violation of Code Section 10-13A-5 or any regulations adopted pursuant thereto. Such penalty shall be imposed in the manner provided in subsection (c) of Code Section 48-11-24. (b) A license may also be subject to termination, suspension, or other available remedy found in Code Section 48-11-14, if:
(1) A distributor fails to provide a report required under Code Section 10-13A-8; or (2) A distributor files an incomplete or inaccurate report required under Code Section 10-13A-8. (c) Any cigarettes that have been sold, offered for sale, or possessed for sale in this state in violation of Code Section 10-13A-5 or other provisions of this chapter or Chapter 13 of this title shall be deemed contraband under Code Section 48-11-9 and such cigarettes shall be subject to seizure and forfeiture as provided in such Code section. (c)(d) The Attorney General, on behalf of the commissioner, may seek an injunction to restrain a threatened or actual violation of Code Section 10-13A-5 or of subsection (a) or (d) (e) of Code Section 10-13A-7 10-13A-8 by a distributor or stamping agent and to compel the distributor to comply with said Code section or either such subsection. In any action brought pursuant to this Code section, the state shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney fees. (d)(e) It shall be unlawful for a person to sell or distribute cigarettes or to acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in this state in violation of
3432
JOURNAL OF THE HOUSE
Code Section 10-13A-5. Any person who violates this subsection shall be guilty of a misdemeanor. (e)(f) A violation of Code Section 10-13A-5 shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.' (g) It is unlawful for any person to knowingly submit any false information required pursuant to Chapter 13 of this title or this chapter. A violation of this subsection is a felony. Knowing submission of false information shall also be grounds for removal of a tobacco product manufacturer or brand from the directory.
10-13A-9. 10-13A-10. (a) A determination of the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Article 1 of Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.' (b) No person shall be issued a license or granted a renewal of a license under Chapter 11 of Title 48 to act as a distributor unless such person has certified in writing that such person will comply fully with this chapter. (c) The first report of distributors required by subsection (a) of Code Section 10-13A-7 shall be due 30 calendar days after July 1, 2003, the certifications by a tobacco product manufacturer described in subsection (a) of Code Section 10-13A-3 shall be due 45 calendar days after such date, and the directory described in Code Section 10-13A-4 shall be published or made available within 90 calendar days after such date. (d)(c) The Attorney General may promulgate rules and regulations necessary to effect the purposes of this chapter. (e)(d) In any action brought by the state to enforce this chapter, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney fees. (f)(e) If a court of competent jurisdiction finds that the provisions of this chapter and of Chapter 13 of this title conflict and cannot be harmonized, then such provisions of Chapter 13 of this title shall control. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter causes Chapter 13 of this title to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof."
SECTION 4. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, is amended by revising paragraph (4) of subsection (c) of Code Section 48-11-4, relating to licensing and registration of persons engaged in the tobacco business and annual fees, as follows:
TUESDAY, MARCH 22, 2016
3433
"(4) Each manufacturer's, importer's, distributor's, or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. A separate license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time."
SECTION 5. Said chapter is further amended by revising Code Section 48-11-6, relating to suspension and revocation of licenses, as follows:
"48-11-6. The commissioner may suspend or refuse to renew a license issued to any person under this chapter for violation of any provision of this chapter or of any rule or regulation of the commissioner made pursuant to this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. After notice and opportunity for hearing, the commissioner may revoke a license issued to any person under this chapter for violation of any provision of this chapter or of any rule or regulation of the commissioner made pursuant to this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. Any person aggrieved by the suspension of or refusal to renew his or her license may apply to the commissioner for a hearing as provided in subsection (a) of Code Section 48-11-18; and any person aggrieved by the action of the commissioner in revoking or refusing to renew his or her license after hearing may further appeal to the courts as provided in subsection (b) of Code Section 48-11-18. No legal proceedings or other action by the commissioner shall be barred or abated by the suspension, revocation, or expiration of any license issued under this chapter."
SECTION 6. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 48-11-9, relating to seizure of unstamped tobacco products as contraband, as follows:
"(a)(1) Any cigars, cigarettes, or loose or smokeless tobacco found at any place in this state without stamps affixed to them as required by this chapter and any cigarettes seized pursuant to in violation of subsection (b) (c) of Code Section 10-13A-8 1013A-9 are declared to be contraband articles and may be seized by the commissioner, the commissioner's agents or employees, or any peace officer of this state when directed by the commissioner to do so."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Powell of the 171st moved that the House agree to the Senate substitute to HB 899.
3434
JOURNAL OF THE HOUSE
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
E 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 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Harrell Hatchett
Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 164, nays 0.
The motion prevailed.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Pak of the 108th and Dudgeon of the 25th.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
TUESDAY, MARCH 22, 2016
3435
SB 323. By Senators Dugan of the 30th, Jackson of the 24th, Miller of the 49th, Martin of the 9th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide for public disclosure not to be required for any documents pertaining to an economic development project by any agency; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representatives Ehrhart of the 36th, Smyre of the 135th, and Rogers of the 10th offer the following amendment:
Amend SB 323 (LC 37 2106) by inserting the following on line 2, immediately after the phrase "printing and documents, so as": to change certain providing relating to open records; to extend the deadline for responses to requests for certain records relating to intercollegiate sports programs;
By redesignating Sections 1 and 2 as Sections 2 and 3, respectively.
By inserting between lines 5 and 6 the following:
SECTION 1. Title 18 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended in Code Section 50-18-71, relating to the right of access to public records, timing of responses to requests, fees, denial of requests, and impact of electronic records, by adding a new subsection to read as follows:
"(d.1) Any other provision of this Code section to the contrary notwithstanding, the period within which any production, access, response, or notice is required from an agency with respect to a request for records, other than salary information for nonclerical staff, of intercollegiate sports programs of any unit of the University System of Georgia, including athletic departments and related private athletic associations, shall be 90 business days from the date the agency received the request."
By revising lines 7 and 8 as follows: Said title is further amended in Code Section 50-18-72, relating to when public disclosure not
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
3436
JOURNAL OF THE HOUSE
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 Y Douglas Y Drenner Y Dudgeon Y Dukes
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, as amended, the ayes were 166, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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.
TUESDAY, MARCH 22, 2016
3437
The following substitute, offered by Representatives Smith of the 134th and Wilkinson of the 52nd, 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 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares as follows:
(1) The National Council on Pet Population Study and Policy estimates that a majority of animals taken into shelters are euthanized; (2) Thousands of dogs and cats are currently available for adoption in Georgia animal shelters, humane societies, and private rescue groups; (3) Responsible pet ownership that includes spay and neuter of dogs and cats not being actively bred by owners will reduce the number of unwanted dogs and cats that are euthanized in Georgia every year; (4) The State of Georgia wishes to promote responsible stewardship of dogs and cats; and (5) The State of Georgia wishes to promote animal rescue and adoption.
SECTION 2. 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. (a) As used in this Code section:
(1) 'Adoptable dog' means any dog in the custody of any animal shelter, humane society, or public or private animal refuge that is available for adoption by the general public. (2) 'Animal shelter' shall have the same meaning as set forth in Code Section 4-14-2. (3) 'Humane society' shall have the same meaning as set forth in Code Section 4-142. (4) 'Public or private animal refuge' shall have the same meaning as set forth in Code Section 4-14-2. (b) The adoptable dog is designated as the official Georgia state dog."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
3438
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, 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 E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo
McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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.
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:
TUESDAY, MARCH 22, 2016
3439
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 following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, so as to provide for the compensation of health insurance agents in certain situations; to provide for definitions; to provide for exceptions; to provide for applicability; to provide 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 "Protection and Guarantee of Service for Health Insurance Consumers Act."
SECTION 2. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, is amended by adding a new Code section to read as follows:
"33-24-59.20. (a) As used in this Code section, the term:
(1) 'Agent' shall have the same meaning as in Code Section 33-23-1. (2) 'Carrier' means any entity licensed to provide health insurance in this state and which is subject to state insurance regulation. (3) 'Health benefit plan' shall have the same meaning as in Code Section 33-30A-1. (4) 'Premium' means the consideration paid in exchange for coverage under a health benefit plan. (b) Any carrier that issues a health benefit plan in this state through an agent shall compensate such agent a minimum of 5 percent of the premium collected on a group health benefit plan and a minimum of 4 percent of the premium collected on an individual health benefit plan for the first term and for each renewal term thereafter, so long as such agent reviews coverage and provides ongoing customer service for such plan; provided, however, that no such compensation shall be required for:
3440
JOURNAL OF THE HOUSE
(1) Any individual health benefit plan sold during a special enrollment period; provided, however, that this paragraph shall not apply to renewals of any individual health benefit plan sold during a special enrollment period that renews during the open enrollment period; or (2) The initial term or any renewal term of any health benefit plan sold to any employer, whether or not self-employed, if at the time of such initial term or renewal term such employer employs more than 50 bona fide employees on at least half of its working days. For purposes of this paragraph, affiliated companies or companies that are eligible to file a combined tax return for purposes of state taxation shall be considered single employers. Nothing in this Code section is intended or shall be construed to require a carrier to pay a commission to an agent who is employed by such carrier."
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 Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cannon
Cantrell Y Carson
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 N 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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard
Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J N Price Y Prince
Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice
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
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
TUESDAY, MARCH 22, 2016
3441
Y Carter, A Y Carter, D N Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Lumsden Y Mabra Y Marin
Martin Y Maxwell E Mayo
McCall E McClain Y Meadows
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper
Shaw Y Sims
Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 150, nays 11.
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 bills of the House:
HB 926. By Representatives Broadrick of the 4th, Stephens of the 164th, Harden of the 148th and Parrish of the 158th:
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 regulation of certain facilities and entities involved in the wholesale, manufacture, and distribution of drugs; to provide definitions; to provide for licensure and registration; to provide for temporary pharmacy licenses for service members; to revise provisions relating to the compounding of drug products to conform with federal law; to establish requirements relating to drug supply chain security; to revise a provision relating to the return of outdated drugs; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1030. By Representatives Watson of the 172nd, Houston of the 170th, England of the 116th, Corbett of the 174th and LaRiccia of the 169th:
A BILL to be entitled an Act to amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its membership; to provide for related matters; to repeal conflicting laws; and for other purposes.
3442
JOURNAL OF THE HOUSE
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 258. By Senators Millar of the 40th and Albers of the 56th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide that the assessed value of property for a taxable year shall not be increased beyond the initial assessment value established by the board of tax assessors during an appeal of such valuation for such taxable year by the taxpayer but may be reduced as a result of the appeal of the taxpayer; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 8 of Title 31, Chapter 2 of Title 40, and Title 48 of the Official Code of Georgia Annotated, relating to hospital care for the indigent generally, registration and licensing of motor vehicles, and revenue and taxation, respectively, so as to approve rural health care organizations which provide health care services to underserved areas in this state to receive contributions; to provide for definitions; to provide for tax credits for contributions to rural and certain other health care organizations; to clarify the definition of disabled veteran; to change certain provisions regarding the changing values established by certain appeal or agreement; to provide that the assessed value of property for a taxable year may be lowered by the deciding body based upon the evidence before such body but shall not be increased beyond the assessment value established by the board of tax assessors; to provide an exception; to provide for the amount, nature, limits, and procedures for new tax credits for contributions to rural and certain other health organizations; to provide for related matters; to provide for automatic repeal, applicability, and 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 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for the indigent generally, is amended by adding a new Code section to read as follows:
TUESDAY, MARCH 22, 2016
3443
"31-8-9.1. (a) As used in this Code section, the term 'rural health care organization' means a hospital or other health care facility that:
(1)(A) Is located in a rural county; (B) Participates in both Medicaid and medicare and accepts both Medicaid and medicare patients; (C) Provides health care services to indigent patients; (D) Receives at least 10 percent of its net revenue from uncompensated care or bad debts; (E) Is a not for profit organization; (F) Has a local board of directors; (G) Is current with all audits and reports required by law; and (H) Annually files IRS Form 990, Return of Organization Exempt From Income Tax, with the Department of Community Health; or (2) Is a critical access hospital as defined in paragraph (3) of Code Section 33-21A-2 that annually files IRS Form 990, Return of Organization Exempt From Income Tax, with the Department of Community Health; or (3) Is a rural health care organization which otherwise meets criteria in paragraph (1) of this subsection that does not file an IRS Form 990, Return of Organization Exempt From Income Tax, but is operated by a county or municipal authority pursuant to Article 4 of Chapter 7 of Title 31. (b) The Department of Community Health shall approve and maintain a list of rural health care organizations eligible to receive contributions from the tax credit provided pursuant to Code Section 48-7-29.20 and may adopt regulations as necessary to implement the provisions of this Code section. (c)(1) Any rural health care organization on the list compiled by the Department of Community Health pursuant to subsection (b) of this Code section shall report all contributions received from individual and corporate donors pursuant to Code Section 48-7-29.20. This report shall be filed annually on a form provided by the Department of Community Health and shall also show the manner in which the contributions received were expended by the rural health care organization. (2) The Department of Community Health shall annually prepare a report compiling the information received pursuant to paragraph (1) of this subsection for the chairpersons of the House Committee on Ways and Means and the Senate Health and Human Services Committee."
SECTION 2. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subsection (a) of Code Section 40-2-69, relating to free license plates and revalidation decals for disabled veterans, as follows:
"(a) Any disabled veteran who is a citizen and resident of this state shall, upon application therefor, be issued a free motor vehicle license plate. As used in this Code
3444
JOURNAL OF THE HOUSE
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 shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 485-48."
SECTION 3. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (1) of subsection (a) of Code Section 48-5-48, relating to the homestead exemption for disabled veterans, as follows:
"(a) As used in this Code section, the term 'disabled veteran' means: (1) Any veteran who is a citizen and a resident of this state who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as having a service related disability that renders such veteran 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 or 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 4. Said title is further amended by revising subsection (c) of Code Section 48-5-299, relating to ascertainment of taxable property and changing values established by certain appeal or agreement, as follows:
TUESDAY, MARCH 22, 2016
3445
"(c) When the value of real property is reduced or is unchanged from the value on the initial annual notice of assessment or a corrected annual notice of assessment issued by the board of tax assessors and such valuation is has been established as the result of either an appeal decision rendered by the board of equalization, hearing officer, arbitrator, or superior court pursuant to Code Section 48-5-311 or stipulated by written agreement of the parties to such an appeal that this subsection shall apply in any year signed by the board of tax assessors and taxpayer or taxpayer's authorized representative, the new valuation so established by appeal decision or agreement may not be increased by the board of tax assessors during the next two successive years, unless otherwise agreed in writing by both parties, subject to the following exceptions:
(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; (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 Unless otherwise agree in writing by the parties, if the taxpayer files an appeal pursuant to Code Section 48-5-311 during the next two successive years, the board of tax assessors, 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 taxpayer 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, or the board of tax assessors finds an occurrence of other material factors that substantially affect the current fair market value of such property."
SECTION 5. Said title is further amended in subsection (e) of Code Section 48-5-311, relating to creation of county boards of equalization, duties, review of assessments, and appeals, by adding a new paragraph to read as follows:
"(9) Notwithstanding any other provision of law to the contrary, on any real property tax appeal made under this Code section on and after January 1, 2016, the assessed value being appealed may be lowered by the deciding body based upon the evidence presented but cannot be increased from the amount assessed by the county board of tax assessors. This subsection shall not apply to any appeal where the taxpayer files an appeal during a time when subsection (c) of Code Section 48-5-299 is in effect for the assessment being appealed."
3446
JOURNAL OF THE HOUSE
SECTION 6. Said title is further amended by revising subsection (a) of Code Section 48-5-478, relating to the exemption from ad valorem taxation for motor vehicles owned or leased by a disabled veteran, as follows:
"(a) A motor vehicle owned by or leased to a disabled veteran who is a citizen and resident of this state and on which such disabled veteran actually places the free disabled veteran motor vehicle license plate he or she receives pursuant to Code Section 40-2-69 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes. 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 being compensated at the 100 percent level due to individual unemployability and is entitled to receive service connected benefits and any veteran who is 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 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 shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 485-48."
SECTION 7. Said title is further amended by adding a new Code section to Article 2 of Chapter 7, relating to imposition, rate, and computation of income taxes and exemptions, to read as follows:
"48-7-29.20. (a) As used in this Code section, the term:
(1) 'Qualified rural health care organization expense' means the contribution of funds by an individual or corporate taxpayer during the tax year for which a credit under this Code section is claimed to a rural health care organization for the benefit of such organization. (2) 'Rural health care organization' means an organization that is approved by the Department of Community Health pursuant to Code Section 31-8-9.1. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for contributions in support of a rural health care organization as follows: (1) In the case of a single individual or a head of household, 80 percent of the actual amount expended or $2,500.00 per tax year, whichever is less; or
TUESDAY, MARCH 22, 2016
3447
(2) In the case of a married couple filing a joint return, 80 percent of the actual amount expended or $5,000.00 per tax year, whichever is less. (c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified rural health care organization expenses in an amount not to exceed 80 percent of the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less. (d) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability. (e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $100 million per tax year. (2) The commissioner shall allow the tax credits on a first come, first served basis. (3) For the purposes of paragraph (1) of this subsection, a rural health care organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a rural health care organization, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of contributions that the taxpayer intends to make to the rural health care organization. The commissioner shall preapprove or deny the requested amount within 30 days after receiving the request from the taxpayer and shall provide written notice to the taxpayer and the rural health care organization of such preapproval or denial which shall not require any signed release or notarized approval by the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the contribution to the rural health care organization within 60 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limit prescribed in paragraph (1) of this subsection. The department shall establish a web based donation approval process to implement this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection. The department shall maintain an ongoing, current list on its website of the amount of tax credits available under this Code section. (5) Notwithstanding any laws to the contrary, the department shall not take any adverse action against donors to rural health care organizations if the commissioner preapproved a donation for a tax credit prior to the date the rural health care organization is removed from the Department of Community Health list pursuant to Code Section 31-8-9.1, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with paragraph (3) of this subsection. (f) In order for the taxpayer to claim the tax credit under this Code section, a letter of confirmation of donation issued by the rural health care organization to which the contribution was made shall be attached to the taxpayer's tax return. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to
3448
JOURNAL OF THE HOUSE
be electronically attached to the return if the Internal Revenue Service allows such attachments when the return is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. The letter of confirmation of donation shall contain the taxpayer's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit. (g) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer as a charitable contribution to a bona fide charitable organization qualified under Section 501(c)(3) of the Internal Revenue Code. (h) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (i) This Code section shall stand automatically repealed on December 31, 2020."
SECTION 8. Sections 1 and 7 of this Act shall be applicable to all taxable years beginning on or after January 1, 2017.
SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton N Bennett, K Y Bennett, T Y Bentley
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 Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Metze Y Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y 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 N Stephenson Y Stovall N Stover Y Strickland
TUESDAY, MARCH 22, 2016
3449
Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 N Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra Y Marin Y Martin Y Maxwell E Mayo
McCall E McClain Y Meadows
Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N 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 N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 153, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker announced the House in recess until 7:30 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 adopted the report of the Committee of Conference on the following bill of the House:
HB 751. By Representatives Ralston of the 7th, Jones of the 47th, Burns of the 159th 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, 2016, and ending June 30, 2017; to make and provide such appropriations for the operation of the state government and its
3450
JOURNAL OF THE HOUSE
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 Resolutions of the House were read and adopted:
HR 1863. By Representatives Teasley of the 37th, Cooke of the 18th, Williams of the 119th, Quick of the 117th, Douglas of the 78th and others:
A RESOLUTION recognizing and commending Coach Mark Richt; and for other purposes.
HR 1864. By Representatives Powell of the 32nd, Meadows of the 5th, Jasperse of the 11th, Ballinger of the 23rd, Hightower of the 68th and others:
A RESOLUTION honoring Mr. Jerry Henry for his contributions to the preservation of the Second Amendment of the Constitution; and for other purposes.
HR 1865. By Representatives Mosby of the 83rd, Drenner of the 85th, Bennett of the 94th, Kendrick of the 93rd, Holcomb of the 81st and others:
A RESOLUTION recognizing and commending Lee N. May; and for other purposes.
HR 1866. By Representatives Buckner of the 137th and Trammell of the 132nd:
A RESOLUTION honoring Vietnam War veterans in conjunction with the 50th Anniversary Commemoration of the Vietnam War; and for other purposes.
HR 1867. By Representative Thomas of the 56th:
A RESOLUTION recognizing Fashionology International Inc.; and for other purposes.
HR 1868. By Representatives Wilkerson of the 38th, Smith of the 41st, Evans of the 42nd, Sharper of the 177th, Prince of the 127th and others:
TUESDAY, MARCH 22, 2016
3451
A RESOLUTION recognizing and commending boxing coach Deshone Williams for his work in the community; and for other purposes.
HR 1869. By Representatives Thomas of the 56th and Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Erika Barnes Ford; and for other purposes.
HR 1870. By Representatives Thomas of the 56th, Metze of the 55th, Thomas of the 39th and Bruce of the 61st:
A RESOLUTION recognizing and commending Christie Jackson; and for other purposes.
HR 1871. By Representatives Beasley-Teague of the 65th, Jones of the 53rd, DawkinsHaigler of the 91st, Thomas of the 56th and Scott of the 76th:
A RESOLUTION commending Jimmie "MeMa" Luton; and for other purposes.
HR 1872. By Representative Powell of the 32nd:
A RESOLUTION recognizing and commending Captain James M. Barrett upon the grand occasion of his retirement; and for other purposes.
HR 1873. By Representatives Powell of the 32nd, Meadows of the 5th, Jasperse of the 11th, Ballinger of the 23rd, Hightower of the 68th and others:
A RESOLUTION honoring GeorgiaCarry.Org, Georgia's eminent Second Amendment grassroots organization, and its members, Board of Directors, and officers for their outstanding efforts and contributions to the protection and expansion of the Second Amendment in Georgia; and for other purposes.
HR 1874. By Representative Rogers of the 10th:
A RESOLUTION commending the Foxfire program on its 50th anniversary; and for other purposes.
HR 1875. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Mary Holcomb, Rome High School's 2016 STAR Teacher; and for other purposes.
3452
JOURNAL OF THE HOUSE
HR 1876. By Representatives Dickey of the 140th, Bentley of the 139th and Epps of the 144th:
A RESOLUTION recognizing and commending Katie Jones for the 20th year of Baskets of Joy; and for other purposes.
HR 1877. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Lydia Bailey, Rome High School's 2016 STAR Student; and for other purposes.
HR 1878. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Caroline Finn, Rome High School's 2016 STAR Student; and for other purposes.
HR 1879. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Mr. Randy Stafford, Rome High School's 2016 STAR Teacher; and for other purposes.
HR 1880. By Representatives Dickey of the 140th, Peake of the 141st, Epps of the 144th and Clark of the 147th:
A RESOLUTION honoring the life and memory of Doris G. McDaniel; and for other purposes.
HR 1881. By Representatives Douglas of the 78th and Scott of the 76th:
A RESOLUTION commending Kelcey Schmidt, Red Oak Elementary School's 2016 Teacher of the Year; and for other purposes.
HR 1882. By Representatives Dempsey of the 13th, Ralston of the 7th, Smith of the 70th, Houston of the 170th, Coomer of the 14th and others:
A RESOLUTION recognizing and commending Representative Barbara Sims on the grand occasion of her retirement; and for other purposes.
TUESDAY, MARCH 22, 2016
3453
HR 1883. By Representative Knight of the 130th:
A RESOLUTION recognizing and commending the St. George's Episcopal School varsity boys cross country team on winning the GISA State-AA Championship; and for other purposes.
HR 1884. By Representatives Gardner of the 57th, Kaiser of the 59th, Thomas of the 56th, Metze of the 55th and Bruce of the 61st:
A RESOLUTION recognizing and congratulating the Inman Middle School Math Team; and for other purposes.
HR 1885. By Representatives Beasley-Teague of the 65th, Jones of the 53rd, DawkinsHaigler of the 91st, Thomas of the 56th and Scott of the 76th:
A RESOLUTION recognizing and commending the Steeple Awards; and for other purposes.
HR 1886. By Representatives Carson of the 46th and Parsons of the 44th:
A RESOLUTION commending and congratulating Ethan Alexander Query; and for other purposes.
HR 1887. By Representatives Gardner of the 57th, Kaiser of the 59th, Thomas of the 56th, Metze of the 55th and Bruce of the 61st:
A RESOLUTION congratulating the Henry W. Grady High School speech and debate team on winning the state championship; 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 327. By Senators Hill of the 32nd, Hill of the 6th, McKoon of the 29th, Crane of the 28th, Thompson of the 14th 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 prohibit the state, including all of its subdivisions and instrumentalities, from entering into certain contracts with an individual or company unless such contracts contain a certification that such individual or company does not presently conduct a boycott of Israel and will not conduct such a boycott for the duration of such contract; to exclude certain contracts from these
3454
JOURNAL OF THE HOUSE
requirements; to provide for definitions; to 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 prohibit the state from entering into certain contracts with an individual or company unless such contracts contain a certification that such individual or company does not presently conduct a boycott of Israel and will not conduct such a boycott for the duration of such contract; to exclude certain contracts from these requirements; to provide for definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, is amended by adding a new Code section to read as follows:
"50-5-85. (a) As used in this Code section, the term:
(1) 'Boycott of Israel' means engaging in refusals to deal with, terminating business activities with, or other actions that are intended to limit commercial relations with Israel or individuals or companies doing business in Israel or in Israeli-controlled territories, when such actions are taken:
(A) In compliance or adherence to calls for a boycott of Israel other than those boycotts to which 50 U.S.C. App. Section 2407(c), as it existed on January 1, 2016, applies; or (B) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis that is not founded on a valid business reason. (2) 'Company' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit. (b) The state shall not enter into a contract with an individual or company if the contract is related to construction or the provision of services, supplies, or information technology unless the contract includes a written certification that such individual or
TUESDAY, MARCH 22, 2016
3455
company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel. (c) Subsection (a) of this Code section shall not apply to contracts with a total value of less than $1,000.00."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison Y Atwood N Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K Y Bennett, T N Bentley Y Benton Y Beskin N Beverly Y Blackmon
Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas E Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
E Cooke Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson N Dollar N Douglas N Drenner N Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming N Floyd N Fludd N Frazier Y Frye N Gardner N Gasaway N Gilligan N Glanton
Golick N Gordon Y Gravley
Greene
N Harden Harrell
Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L
Jones, S N Jordan N Kaiser Y Kelley N Kendrick N Kidd Y Kirby Y Knight Y LaRiccia N Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver N Pak N Parrish N Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A N Powell, J Y Price N Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders N Scott N 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 N Stovall Y Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D N Taylor, T Y Teasley N Thomas, A.M.
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 N Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
3456
JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, the ayes were 95, nays 71.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
HB 801. By Representatives Jones of the 47th, Dickey of the 140th, Nimmer of the 178th, Rogers of the 10th, Burns of the 159th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise various provisions regarding the HOPE scholarship; to include certain coursework in computer science as optional rigor requirements; to provide for weighted scores for certain college coursework; to clarify definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise various provisions regarding the HOPE scholarship; to include certain coursework in computer science as optional rigor requirements; to provide for weighted scores for certain college coursework; to provide for a biennial report; to clarify definitions; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-157, relating to the uniform reporting system for certain purposes and academic eligibility requirements to receive a HOPE scholarship, by revising subsection (f) as follows:
"(f) Beginning with students graduating from high school on or after May 1, 2017, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least four courses prior to graduating from high school from the following categories:
(1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course;
TUESDAY, MARCH 22, 2016
3457
(2) Advanced science, such as Chemistry, Physics, Biology II, computer science, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may shall only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection."
SECTION 2. Said title is further amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, by revising subsection (b) as follows:
"(b) To be eligible for a HOPE scholarship, a sophomore, junior, senior, or first professional student seeking an associate, baccalaureate, or first professional degree at an eligible postsecondary institution shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1:
(1) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate or first professional student in a matriculated status. Beginning in academic year 2017-2018, the cumulative grade point average calculated pursuant to this subsection shall include weighted grades for specific science, technology, engineering, and mathematics (STEM) college courses identified by the Board of Regents of the University System of Georgia in consultation with the Technical College System of Georgia, the Department of Economic Development, and private eligible postsecondary institutions, by increasing the grade assigned by the instructor to the student for any such course by an additional 0.5 point if such grade is a B, C, or D. Such courses shall be academically rigorous and required for or leading to
3458
JOURNAL OF THE HOUSE
employment in high demand fields in Georgia in science, technology, engineering, and mathematics. Beginning with the completion of the 2017-2018 academic year, the Georgia Student Finance Commission shall provide a biennial report to the chairpersons of the House Committee on Higher Education and the Senate Higher Education Committee at the following general session of the legislature. The report shall include the fields identified as high demand fields and associated workforce shortages in science, technology, engineering, mathematics, and health care; the courses identified as academically rigorous and their relevance to such fields; and any other pertinent information that the Georgia Student Finance Commission deems relevant. The Governor shall be authorized to convene a task force to identify high demand fields and associated workforce shortages and may recommend to the Board of Regents of the University System of Georgia initial science, technology, engineering, and mathematics college courses to receive additional weight."
SECTION 3. Said title is further amended in Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, by revising paragraphs (9.1), (13), and (16.1) as follows:
"(9.1) 'Factor rate' means the percentage amount established by the Georgia Student Finance Commission against which the previous year tuition is multiplied for eligible public postsecondary institutions and against which the previous year HOPE award amount is multiplied for eligible private postsecondary institutions." "(13) 'HOPE award rate' means the rate equal to the previous academic year HOPE tuition payment to charged by the eligible public postsecondary institution multiplied by the factor rate divided by 15. Notwithstanding the foregoing, the The Georgia Student Finance Commission may adjust shall recalculate the previous academic year HOPE tuition payment used to calculate the HOPE award rate to reflect changes in the mission or sector of an eligible public postsecondary institution that affects the tuition charged by that institution." "(16.1) 'HOPE tuition payment' means, in the case of an eligible public postsecondary institution, the amount paid for tuition only based on the standard undergraduate full-time tuition rate for 15 hours; and, in the case of an eligible private postsecondary institution, the amount paid for tuition based on the amount established by the General Assembly in an appropriations Act."
SECTION 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2016. (b) Section 3 of this Act shall become effective on July 1, 2020.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
TUESDAY, MARCH 22, 2016
3459
Representative Jones of the 47th moved that the House agree to the Senate substitute to HB 801.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 169, nays 0.
The motion prevailed.
HB 767. By Representatives Powell of the 32nd, Hitchens of the 161st, Petrea of the 166th, Waites of the 60th, Taylor of the 173rd 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
3460
JOURNAL OF THE HOUSE
regarding uniform rules of the road, so as to add utility service vehicles to the "Spencer Pass Law"; to provide a procedure for passing stationary utility service vehicles; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, so as to add utility service vehicles to the "Spencer Pass Law"; to add flashing white lights as a color of light which denotes caution; to provide a procedure for passing stationary utility service vehicles; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, is amended in Code Section 40-616, the "Spencer Pass Law," by revising subsections (c) and (d) and by adding a new subsection to read as follows:
"(c) The operator of a motor vehicle approaching a stationary towing or recovery vehicle, or a stationary highway maintenance vehicle, or a stationary utility service vehicle that is utilizing traffic cones or displaying flashing yellow, amber, white, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance, or utility service vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. (d)(1) Violation of subsection (b) or (c) of this Code section shall be punished by a fine of not more than $500.00. (2) Violation of subsection (c) of this Code section shall be punished by a fine of not more than $250.00. (e) As used in this Code section, the term: (1) 'Utility service vehicle' means any vehicle being used by an employee or contractor of any entity, including, but not limited to, a political subdivision of this
TUESDAY, MARCH 22, 2016
3461
state or a local authority or commission related thereto, an electric cooperative, or a public or private corporation, in connection with the provision of utility services. (2) 'Utility services' means and includes electric, natural gas, water, waste-water, cable, telephone, or telecommunication services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, and associated infrastructure."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Powell of the 32nd moved that the House agree to the Senate substitute to HB 767.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
3462
JOURNAL OF THE HOUSE
On the motion, the ayes were 170, nays 0.
The motion prevailed.
The Speaker Pro Tem assumed the Chair.
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.
The following Senate amendment was read:
The Senate moves to amend LC 40 1119S HB 579 by inserting "or limit" following the word "prohibit" on line 33.
Representative McCall of the 33rd moved that the House agree to the Senate amendment to HB 579.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns
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
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 Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
TUESDAY, MARCH 22, 2016
3463
Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Evans Y Fleming Y Floyd Y Fludd Y Frazier
Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 166, nays 0.
The motion prevailed.
HB 910. By Representatives Frye of the 118th, Fleming of the 121st, Kelley of the 16th, Mabra of the 63rd, Weldon of the 3rd and others:
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 provide that provisions relating to the costs of copying and mailing patient records apply to psychiatric, psychological, and other mental health records; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend LC 33 6409 to HB 910 by adding following line 11:
"(d) Where the patient's records are provided electronically, rather than in paper form, copying costs shall not exceed $.25 for each page produced."
The following amendment was read and adopted:
Representative Frye of the 118th offers the following amendment:
Amend Senate Floor Amendment 1 to HB 910 by deleting all matter from line 1 through the end.
Representative Frye of the 118th moved that the House agree to the Senate amendment, as amended by the House, to HB 910.
On the motion, the roll call was ordered and the vote was as follows:
3464
JOURNAL OF THE HOUSE
Y Abrams Y Alexander E Allison Y Atwood
Ballinger Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 166, nays 0.
The motion prevailed.
HB 691. By Representatives Tanner of the 9th, Willard of the 51st, Welch of the 110th, Caldwell of the 131st and Golick of the 40th:
A BILL to be entitled an Act to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to provide the removal of appointed municipal court judges under certain circumstances; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
TUESDAY, MARCH 22, 2016
3465
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to provide for the removal of appointed municipal court judges under certain circumstances; 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. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, is amended by revising subsection (a) of Code Section 36-322, relating to appointment of judges, as follows:
"(a) Notwithstanding any other provision of this chapter or any general or local Act, the governing authority of each municipal corporation within this state having a municipal court, as provided by the Act incorporating the municipal corporation or any amendments thereto, is authorized to appoint a judge of such court. Any person individual appointed as a judge under this Code section shall possess such qualifications as set forth in Code Section 36-32-1.1 and shall receive such compensation as shall be fixed by the governing authority of the municipal corporation and shall serve at the pleasure of the governing authority. Any individual appointed as a judge under this Code section shall serve for a minimum term of one year and until a successor is appointed or if the judge is removed from office as provided in Code Section 36-32-2.2. Such term shall be memorialized in a written agreement between such individual and the governing authority of the municipal corporation or in an ordinance or a charter. With respect to an individual serving as a municipal court judge in a consolidated government, the local Act shall determine the term of such judge."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"36-32-2.2. (a) As used in this Code section, the term 'judge' means an individual serving as an appointed municipal court judge.
(b)(1) A judge may be removed during his or her term of office by a two-thirds' vote of the entire membership of the governing authority of the municipal corporation for:
(A) Willful misconduct in office; (B) Willful and persistent failure to perform duties; (C) Habitual intemperance; (D) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (E) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.
3466
JOURNAL OF THE HOUSE
(2) A municipality may define in its charter further conduct that may lead to a judge's removal. (c) Removal proceedings pursuant to subsection (b) of this Code section may be initiated only by written petition setting forth the grounds for removal of a judge signed by one or more members of the governing authority of the municipal corporation. Upon submission of the petition to remove the judge to such governing authority, the governing authority may consider the petition and determine if the petition relates to and adversely affects the administration of the office of the judge and the rights and interests of the public. If it is determined at a public meeting by a majority vote of the governing authority of the municipal corporation that there is an adverse impact, the judge may be suspended immediately and without further action for up to 60 days pending the final determination pursuant to subsection (e) of this Code section. A judge suspended pursuant to this subsection shall continue to receive the compensation from his or her office until the final determination on the petition or expiration of the suspension. (d) If by the expiration of the suspension period no formal resolution of the petition has been made, the judge shall be reinstated. (e) Removal proceedings shall consist of an open and public hearing held by the governing authority of the municipal corporation, provided that the judge against whom such charges have been brought shall be furnished a copy of the charges at least ten days prior to the hearing. At the conclusion of the hearing, the governing authority of the municipal corporation shall determine whether or not to remove the judge from office. The governing authority of the municipal corporation may adopt rules governing the procedures at such hearings, provided that such hearings comport with due process. The right of certiorari from the decision to remove a judge from office shall exist, and such certiorari shall be obtained under the sanction of a judge of the superior court of the circuit in which the governing authority of the municipal corporation is situated. (f) This Code section shall not affect the power and authority of the Judicial Qualifications Commission to discipline, remove, or cause the involuntary retirement of judges. (g) Any vacancy in a judgeship created by the removal of a judge pursuant to this Code section may be temporarily filled by the governing authority of the municipal corporation for a period not longer than 90 days by any individual qualified by law to serve as a municipal court judge. If after the conclusion of the removal proceedings, including the appeal period, there is a vacancy for such judgeship, the governing authority of the municipal corporation may appoint a judge in the same manner as set forth in Code Section 36-32-2. (h) The provisions of this Code section shall expressly supersede any conflicting local law of this state; provided, however, that this Code section shall not apply to a local Act creating a municipal court for a consolidated government."
TUESDAY, MARCH 22, 2016
3467
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Tanner of the 9th moved that the House agree to the Senate substitute to HB 691.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood
Ballinger Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley N Benton Y Beskin Y Beverly Y Blackmon Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 Y Douglas N Drenner Y Dudgeon Y Dukes N 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell
Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 E 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 156, nays 9.
The motion prevailed.
HB 784. By Representatives Carson of the 46th, Maxwell of the 17th and Lumsden of the 12th:
3468
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that certain insurer advertising and promotional items not exceeding $100.00 in value will not be considered an unfair trade practice or an unlawful inducement; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurers and insurance producers may advertise or conduct certain promotional programs whereby certain items not to exceed a certain value may be provided and will not be considered an unfair trade practice or an unlawful inducement; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-6-4, relating to unfair trade practices, by revising subsection (a) and subparagraph (b)(8)(C) as follows:
"(a) As used in this Code section, the term 'policy': (1) 'Gift certificate' shall have the same meaning as provided in Code Section 10-1393. (2) 'Policy' means any insuring bond issued by an insurer. (3) 'Store gift card' shall have the same meaning as provided in Code Section 10-1393." "(C) Nothing in subparagraphs (A) and (B) of this paragraph shall be construed as including within the definition of discrimination or rebates any of the following practices: (i) In the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interest of the company and its policyholders; (ii) In the case of life or accident and sickness insurance policies issued on the industrial debit or weekly premium plan, making allowance in an amount which fairly represents the saving in collection expense to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer;
TUESDAY, MARCH 22, 2016
3469
(iii) Making a readjustment of the rate of premium for a policy based on the loss or expense experienced at the end of the first or any subsequent policy year of insurance thereunder, which adjustment may be made retroactive only for the policy year; (iv) Issuing life or accident and sickness insurance policies covering bona fide employees of the insurer at a rate less than the rate charged other persons in the same class; (v) Issuing life or accident and sickness policies on a salary-saving, payroll deduction, preauthorized, postdated, automatic check, or draft plan at a reduced rate commensurate with the savings made by the use of such plan; (vi) Paying commissions or other compensation to duly licensed agents or brokers or allowing or returning dividends, savings, or unabsorbed premium deposits to participating policyholders, members, or subscribers; (vii) Paying by an insurance agent of part or all of the commissions on public insurance to a nonprofit association of insurance agents which is affiliated with a recognized state or national insurance agents' association, which commissions are to be used in whole or in part for one or more civic enterprises; (viii) Paying for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during group sales presentations and group seminars, provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; or (ix) Paying for business meals and entertainment by an insurer or an agent, broker, or employee of an insurer, agent, or broker for current or prospective clients; or (x) Advertising or conducting promotional programs by insurers or insurance producers whereby prizes, goods, wares, store gift cards, gift certificates, sporting event tickets, or merchandise, not exceeding $100.00 in value per customer in the aggregate in any one calendar year, are given to current or prospective customers; provided, however, that the giving of any item or items of value under this subsection shall not be contingent on the sale or renewal of a policy;"
SECTION 2. Said title is further amended by revising Code Section 33-9-36, relating to unauthorized premiums and unlawful inducements, as follows:
"33-9-36. (a) As used in this Code section, the term:
(1) 'Gift certificate' shall have the same meaning as provided in Code Section 10-1393. (2) 'Insurance' includes suretyship. (3) 'Policy' includes bond. (4) 'Store gift card' shall have the same meaning as provided in Code Section 10-1393.
3470
JOURNAL OF THE HOUSE
(a)(b) No broker or agent shall knowingly charge, demand, or receive a premium for any policy of insurance except in accordance with this chapter. (b)(c) No insurer or employee of such insurer and no broker or agent shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly as an inducement to insurance or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue on such policy of insurance, or any valuable consideration or inducement whatever, not specified in the policy of insurance, except to the extent provided for in an applicable filing. No insured named in a policy of insurance nor any employee of the insured shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit, or reduction of premium, or any special favor or advantage or valuable consideration or inducement. (c)(d) Nothing in this Code section shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents and brokers, nor as prohibiting any insurer from allowing or returning to its participating policyholders, members, or subscribers dividends, savings, or unabsorbed premium deposits. (d) As used in this Code section the word 'insurance' includes suretyship and the word 'policy' includes bond. (e) Nothing in this Code section shall be construed as prohibiting the payment for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during sales presentations and seminars, provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars. (f) Nothing in this Code section shall be construed as prohibiting insurers or insurance producers from advertising or conducting promotional programs by insurers or insurance producers whereby prizes, goods, wares, store gift cards, gift certificates, sporting event tickets, or merchandise, not exceeding $100.00 in value per customer in the aggregate in any one calendar year, are given to current or prospective customers; provided, however, that the giving of any item or items of value under this subsection shall not be contingent on the sale or renewal of a policy."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Carson of the 46th moved that the House agree to the Senate substitute to HB 784.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger
E Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre
TUESDAY, MARCH 22, 2016
3471
Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly E Blackmon
Broadrick Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice N Rogers, C
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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 164, nays 1.
The motion prevailed.
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 following Senate substitute was read:
3472
JOURNAL OF THE HOUSE
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 allow for the operation of certain watercraft without a personal flotation device on board; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by revising subsection (d) of Code Section 52-7-8, relating to classification of vessels and required equipment, as follows:
"(d) Lifesaving devices. (1) Every vessel shall be equipped with and carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, that Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel 16 feet or more in length, except for canoes and kayaks, must at all times be equipped with at least one Type IV (throwable) device. (2) No person may use a vessel upon the waters of this state unless the personal flotation devices as required in paragraph (1) of this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the United States Coast Guard approved number, and are of an appropriate size for the occupants of the vessel for whom they are intended; provided, however, that the provisions of this subsection shall not apply to racing sculls, racing shells, and racing sweeps, or homemade or inflatable rafts, as defined in subsection (o) of Code Section 52-7-12, if such rafts are operated no more than 100 feet from shore on a lake, pond, or other nonflowing body of water. (3) No person shall operate a moving vessel upon the waters of this state with a child under the age of 13 years on board such vessel unless such child is wearing an appropriately sized personal flotation device, as required by this subsection to be on board the vessel. This requirement shall not apply when the child is within a fully enclosed roofed cabin or other fully enclosed roofed compartment or structure on the vessel."
TUESDAY, MARCH 22, 2016
3473
SECTION 2.
Said article is further amended by revising subsection (o) of Code Section 52-7-12, relating to the operation of watercraft while under the influence of alcohol, toxic vapors, or drugs, as follows:
"(o) As used in this Code section, the term 'personal watercraft': (1) 'Homemade or inflatable raft' means any platform which floats on the water for purposes of providing buoyancy to a person and which renders transportation with only the aid of such person's hands, arms, legs, or feet. (2) 'Personal watercraft' shall have the same meaning as set forth in Code Section 527-8.2. (3) 'Vessel' means every description of watercraft, other than a sailboard or homemade or inflatable raft, used or capable of being used as a means of transportation on water."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Lumsden of the 12th moved that the House agree to the Senate substitute to HB 172.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson
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 Y Evans Y Fleming Y Floyd Y Fludd Y Frazier
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
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 Lott
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 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
3474
JOURNAL OF THE HOUSE
Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain
Meadows
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
Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 167, nays 0.
The motion prevailed.
HB 649. By Representatives Cooper of the 43rd, Clark of the 101st, Knight of the 130th, Jones of the 53rd, Stephenson of the 90th 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, 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.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require licensure of lactation consultants; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for an advisory group; to provide for licensure application and qualifications; to provide for license renewal and revocation; to provide for sanctions; 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. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows:
TUESDAY, MARCH 22, 2016
3475
"CHAPTER 22A
43-22A-1. This chapter shall be known and may be cited as the 'Georgia Lactation Consultant Practice Act.'
43-22A-2. The General Assembly acknowledges that the application of specific knowledge and skills relating to breastfeeding is important to the health of mothers and babies and acknowledges further that the rendering of sound lactation care and services in hospitals, physician practices, private homes, and other settings requires trained and competent professionals. It is declared, therefore, to be the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in lactation care and services.
43-22A-3. As used in this chapter, the term:
(1) 'Advisory group' means the group appointed pursuant to Code Section 43-22A-4. (2) 'Applicant' means any person seeking a license under this chapter. (3) 'International Board Certified Lactation Consultant (IBCLC)' means a person who holds current certification from the International Board of Lactation Consultant Examiners (IBLCE) after demonstrating the appropriate education, knowledge, and experience necessary for independent clinical practice. (4) 'International Board of Lactation Consultant Examiners (IBLCE)' means the international organization that certifies IBCLCs and is independently accredited by the National Commission of Certifying Agencies. (5) 'Lactation care and services' means the clinical application of scientific principles and a multidisciplinary body of evidence for evaluation, problem identification, treatment, education, and consultation to childbearing families regarding lactation care and services. Lactation care and services shall include, but not be limited to:
(A) Lactation assessment through the systematic collection of subjective and objective data; (B) Analysis of data and creation of a lactation care plan; (C) Implementation of a lactation care plan with demonstration and instruction to parents and communication to the primary health care provider; (D) Evaluation of outcomes; (E) Provision of lactation education to parents and health care providers; and (F) The recommendation and use of assistive devices. (6) 'Lactation consultant' means: (A) A person duly licensed under this chapter to practice lactation care and services; or (B) A health care professional duly licensed pursuant to such health care professional's licensing requirements to perform lactation care and services who is
3476
JOURNAL OF THE HOUSE
also an IBCLC in good standing with the IBLCE, or its successor organization; provided, however, that such health care professional shall not be deemed to be licensed under this chapter nor be entitled to use the title 'licensed lactation consultant' or 'licensed L.C.' without having met the requirements of Code Section 43-22A-7. (7) 'License' means a license to practice as a lactation consultant pursuant to this chapter. (8) 'Office' means the office of the Secretary of State. (9) 'Practice' means rendering or offering to render any lactation care and services to any individual, family, or group of individuals. (10) 'Secretary' means the Secretary of State or his or her designee.
43-22A-4. (a) There is created within the office a Lactation Consultant Advisory Group which shall consist of five members. (b) The Secretary shall appoint all members of the advisory group. The advisory group shall consist of persons familiar with the practice of lactation care and services to provide the Secretary with expertise and assistance in carrying out his or her duties pursuant to this chapter. (c) The Secretary shall appoint members of the advisory group to serve for terms of four years. The Secretary shall appoint four members who are lactation consultants in this state and one member who is a consumer. (d) Members shall serve without compensation. (e) Members may serve consecutive terms at the will of the Secretary. Any vacancy shall be filled in the same manner as the regular appointments. The Secretary may remove members of the advisory group for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter.
43-22A-5. (a) The advisory group shall meet at least once per year or as otherwise called by the Secretary. (b) The Secretary shall consult with the advisory group prior to setting or changing fees as provided for in this chapter. (c) The advisory group may facilitate the development of materials that the Secretary may utilize to educate the public concerning lactation consultant licensure, the benefits of lactation care and services, and utilization of lactation care and services by individuals and in facilities or institutional settings. (d) The advisory group may act as a facilitator of state-wide dissemination of information between lactation consultants, the International Board of Lactation Consultant Examiners or its successor organization, and the Secretary. (e) The advisory group shall provide analysis of disciplinary actions taken, appeals and denials, and revocation of licenses at least once per year.
TUESDAY, MARCH 22, 2016
3477
(f) The Secretary shall seek the advice of the advisory group for issues related to lactation care and services.
43-22A-6. The Secretary may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either:
(1) Holds a valid license to practice lactation care and services issued by another state, political territory, or jurisdiction acceptable to the Secretary if, in the Secretary's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or (2) Presents evidence satisfactory to the Secretary that the applicant is an IBCLC in good standing with the IBLCE, or its successor organization.
43-22A-7. Except as provided in paragraph (4) of this Code section, each applicant for a license as a lactation consultant shall be at least 18 years of age, shall have submitted a completed application upon a form and in such manner as the Secretary prescribes, accompanied by applicable fees, and shall be in compliance with the following requirements:
(1) Meeting the international education and clinical standards established for IBCLCs by the IBLCE, or its successor organization; (2) Providing proof of successful completion of the IBLCE examination or the examination of any successor organization; (3) Having satisfactory results from a criminal background check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the Secretary. Application for a license under this Code section shall constitute express consent and authorization for the Secretary to perform a criminal background check. Each applicant who submits an application to the Secretary for licensure agrees to provide the Secretary with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check; and (4) Completing such other requirements as may be prescribed by the Secretary.
43-22A-8. After evaluation of an application and other evidence submitted, the Secretary shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
43-22A-9. (a) A license issued by the Secretary is the property of the Secretary and must be surrendered on demand. (b) The licensee shall display the license in an appropriate and public manner.
3478
JOURNAL OF THE HOUSE
(c) The licensee shall inform the Secretary of any change of address. (d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the Secretary. (e) Each person licensed under this chapter is responsible for renewing his or her license before the expiration date. (f) Under procedures and conditions established by the Secretary, a licensee may request that his or her license be declared inactive. The licensee may apply for active status at any time, and upon meeting the conditions set by the Secretary, such license shall be declared active.
43-22A-10. The Secretary, in consultation with the advisory group, may impose on a licensed lactation consultant any sanction authorized under subsection (c) of Code Section 4322A-12 upon a finding of any conduct specified in subsection (a) of Code Section 4322A-12.
43-22A-11. On and after July 1, 2018, no person without a license as a lactation consultant issued pursuant to this chapter shall use the title 'licensed lactation consultant' or 'licensed L.C.' or practice lactation care and services, provided that this chapter shall not prohibit any practice of lactation care and services that is exempt pursuant to the provisions set forth in Code Section 43-22A-13.
43-22A-12. (a) The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee or applicant:
(1) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact; (2) Has been convicted of a felony or of any crime involving moral turpitude as provided under state law; (3) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under such licensee's care; (4) Has had a license to practice a business or profession suspended or revoked or has otherwise been subject to discipline related to such licensee's practice of a business or profession in any other jurisdiction; (5) Has committed a fraudulent act that materially affects the fitness of the licensee or applicant to practice a business or profession; (6) Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline a licensee under this paragraph if such licensee is enrolled in a substance abuse program approved by the office; or
TUESDAY, MARCH 22, 2016
3479
(7) Has a physical or mental disability that renders such licensee incapable of safely administering lactation care and services. (b) The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section. (c) In addition to revoking, suspending, denying, or refusing to renew a license, the Secretary may fine a licensee found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $500.00 for each violation. (d) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the Secretary and the provisions of this chapter.
43-22A-13. Nothing in this chapter shall be construed to affect or prevent:
(1) Persons licensed to practice the professions of dentistry, medicine, osteopathy, chiropractic, nursing, physician assistant, or dietetics from engaging in the practice of lactation care and services when incidental to the practice of their profession, except such persons shall not use the title 'licensed lactation consultant' or 'licensed L.C.'; (2) Doulas and perinatal and childbirth educators from performing education functions consistent with the accepted standards of their respective occupations, except such persons shall not use the title 'licensed lactation consultant' or 'licensed L.C.' or designate themselves by any other term or title which implies that such person has the clinical skills and education comparable to a licensed lactation consultant; (3) The practice of lactation care and services by students, interns, or persons preparing for the practice of lactation care and services under the qualified supervision of a lactation consultant or any licensed professional listed in paragraph (1) of this Code section; (4) Employees of the United States government or any bureau, division, or agency thereof from engaging in the practice of lactation care and services within the discharge of the employees' official duties so long as such employees are performing their duties within the recognized confines of a federal installation regardless of whether jurisdiction is solely federal or concurrent; (5) Employees of a department, agency, or division of state, county, or local government from engaging in the practice of lactation care and services within the discharge of the employees' official duties, including, but not limited to, peer counselors working within the Special Supplemental Nutrition Program for Women, Infants, and Children; (6) Individual volunteers from providing lactation care and services, provided that:
(A) Such volunteers shall not use the title 'licensed lactation consultant' or 'licensed L.C.,' shall not state that they are licensed to practice lactation care and services, and shall not designate themselves by any other term or title which implies that such volunteers have the clinical skills and education comparable to a licensed lactation consultant;
3480
JOURNAL OF THE HOUSE
(B) Their volunteer service is performed without fee or other form of compensation, monetary or otherwise, from the individuals or groups served; and (C) Such volunteers receive no form of compensation, monetary or otherwise, except for administrative expenses, such as mileage; (7) A nonresident IBCLC from practicing lactation care and services in this state for five days without licensure or up to 30 days with licensure from another state if the requirements for licensure in such other state are substantially equal to the requirements contained in this chapter; or (8) Other health care related professionals from seeking licensure for their professions."
SECTION 2. 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 649.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger N Barr Y Battles
Beasley-Teague N Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon
Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson Y Carter, A Y Carter, D N Casas E Chandler
E Cooke N Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y 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 Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan
Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb N Holmes Y Houston Y Howard Y Hugley Y Jackson
Jasperse Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley N Kendrick Y Kidd Y Kirby Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders
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. 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
TUESDAY, MARCH 22, 2016
3481
Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman
Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Maxwell E Mayo
McCall E McClain Y Meadows
Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, C E Williams, E N Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 129, nays 36.
The motion prevailed.
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.
The following Senate substitute was read:
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 pools that are part of a condominium association or townhome from certain regulatory requirements; to authorize inspection requests to the county board of health by residents or owners; to allow those pools which are part of a condominium association or townhome to be governed in accordance with state law rather than local ordinances; 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 45 of Title 31 of the Official Code of Georgia Annotated, relating to health and public swimming pools, is amended by revising Code Section 31-45-3, relating to definitions, as follows:
"31-45-3. As used in this chapter, the term 'public swimming pool,' 'swimming pool,' or 'pool' means any structure, chamber, or tank containing an artificial body of water used by the open to the general public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the
3482
JOURNAL OF THE HOUSE
body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, or motel pools and any pool to which access is granted in exchange for payment of a daily fee. This chapter shall not apply to The term shall not include a private pool or hot tub serving a single-family dwelling and used only by the residents of the dwelling and their guests. This chapter also shall not apply to apartment complex pools, country club pools, subdivision pools which are open only to residents of the subdivision and their guests The term shall also not include pools serving a country club, subdivision, apartment complex, condominium association, or townhome which are open only to residents or members thereof and their guests, therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist, therapeutic chambers drained, cleaned, and refilled after each individual use, or to religious ritual baths used solely for religious purposes; provided, however, that such term shall include such pools serving a country club, subdivision, condominium association, or townhome for purposes of regulations promulgated pursuant to this chapter relating to minimum construction standards."
SECTION 2. Said chapter is further amended by revising Code Section 31-45-12, relating to inspection of unregulated pools, as follows:
"31-45-12. Notwithstanding any provision of Code Section 31-45-13 regarding the applicability of this chapter to the contrary, a resident, member, or owner of an apartment complex, country club, subdivision, condominium association, or townhome that is not subject to regulation under this chapter or local ordinance may request that the county board of health inspect a pool at such apartment complex common area pool located therein. Upon receipt of such a request, the county board of health shall have the authority to inspect such pool at any reasonable time and in a reasonable manner and issue a report on the condition of such pool to such owner and to the requesting party, if other than such owner; provided, however, that such report shall be for informational purposes only and no fines, fees, charges, or other penalties, monetary or otherwise, shall be assessed with regard to the inspection or report."
SECTION 3. Said chapter is further amended by revising Code Section 31-45-13, relating to applicability of the chapter, as follows:
"31-45-13. (a) The Except as provided in subsection (b) of this Code section, the provisions of this chapter shall not apply only in those counties where local rules and regulations governing public swimming pools are not were in effect on December 31, 2000. Nothing in this chapter shall be construed to limit the authority of a county to adopt an ordinance or resolution regarding public swimming pools that applies to apartment complex pools.
TUESDAY, MARCH 22, 2016
3483
(b)(1) Any country club, subdivision, condominium association, or townhome lying within a county generally exempted from this chapter under subsection (a) of this Code section which is part of a complex containing a common area pool with a bather or load capacity of 75 people or fewer may instead elect to be governed solely under the provisions of this chapter by providing written notice to the department and the county board of health; provided, however, that no such election shall be made for any condominium association or townhome complex unless such condominium association or townhome complex is controlled by the owners of the individual dwelling units therein.
(2)(A) Any such country club, subdivision, condominium association, or townhome complex that so elects under paragraph (1) of this subsection shall have all common area pools located therein inspected by the applicable county board of health once each year; provided, however, that the inspection shall occur no more than 30 days prior to the seasonal opening for any such common area pool that is not operated continuously throughout the year. (B) The inspection shall be limited to issues relating to:
(i) Compliance with federal law regarding suction outlet covers; (ii) Availability of lifesaving and rescue equipment, to the extent required by local ordinance; (iii) Security of access to such common area pool; (iv) Water quality; and (v) Adequacy of electrical systems. (C) If any common area pool fails to meet the inspection standards set forth in subparagraph (B) of this paragraph, the department shall suspend operations thereof until a follow-up inspection confirms that such standards are met; provided, however, that any such follow-up inspection shall be limited to review of those matters detailed in the initial inspection as having failed to meet such standards. In addition, such notice shall be posted in a conspicuous location at such common area pool until operations resume. (D) The county board of health may charge an inspection fee not to exceed the usual and customary rate, and such fee may be charged for any follow-up inspection. (3) Such election shall be effective until the department and county board of health receive written notice of rescission from such country club, subdivision, condominium association or townhome complex; provided, however, that each such election or rescission shall be effective for not less than one year. Upon rescission, the country club, subdivision, condominium association, or townhome complex shall be governed by applicable local ordinances. (4) The department shall promulgate rules and regulations necessary to administer and enforce this subsection in an efficient and effective manner."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
3484
JOURNAL OF THE HOUSE
Representative Jones of the 167th moved that the House agree to the Senate substitute to HB 219.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley N Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 Y Douglas N Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan N Kaiser N Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin N Martin N Maxwell E Mayo
McCall E McClain
Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J N Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice
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 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 152, nays 14.
The motion prevailed.
HB 804. By Representatives Mabra of the 63rd, Glanton of the 75th, Douglas of the 78th, Scott of the 76th, Stovall of the 74th 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 fifth
TUESDAY, MARCH 22, 2016
3485
judge of the superior courts of the Clayton Judicial Circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Clayton Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the governing authority of the counties that comprise the Clayton Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent 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. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraph (10) as follows:
"(10) Clayton Circuit..................................................................................... 4 5"
SECTION 2. One additional judge of the superior courts is added to the Clayton Judicial Circuit, thereby increasing to five the number of judges of said circuit.
SECTION 3. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2017, and continuing through December 31, 2018, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2018, for a term of four years beginning on January 1, 2019, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
3486
JOURNAL OF THE HOUSE
SECTION 4. The additional judge of the superior courts of the Clayton Judicial Circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Clayton Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Clayton Judicial Circuit shall be the same as are now provided by law for the other superior court judges of such circuit. The provisions, if any, enacted for the supplementation by the counties of such circuit of the salary of the judges of the superior courts of the Clayton Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 6. All writs and processes in the superior courts of the Clayton Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide five judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.
SECTION 7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of such circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in such courts so as to have jurors for the trial of cases before any of such judges separately or before each of them at the same time.
SECTION 8. The five judges of the superior courts of the Clayton Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Clayton Judicial Circuit may bear teste in the name of any judge of the Clayton Judicial Circuit and, when issued by and in the name of any judge of such
TUESDAY, MARCH 22, 2016
3487
circuit, shall be fully valid and may be heard and determined before the same or any other judge of such circuit. Any judge of such circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 10.
Upon request of any judge of the circuit, the governing authorities of the counties comprising the Clayton Judicial Circuit shall be authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
SECTION 11. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
Representative Mabra of the 63rd moved that the House agree to the Senate substitute to HB 804.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
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
Ehrhart Y England Y Epps Y Evans
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 Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A
Powell, J Price 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 Y Waites
3488
JOURNAL OF THE HOUSE
Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kirby Y Knight Y LaRiccia
Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo
McCall E McClain Y Meadows
Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Watson Welch Weldon
Y Werkheiser Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 161, nays 0.
The motion prevailed.
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 following Senate amendment was read:
The Senate moves to amend the House Rules Committee Substitute to SB 64 (LC 29 6670S) by deleting lines 9 through 12 and inserting in lieu thereof the following: to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent, guardian, or legal custodian of a child to another person for the temporary delegation of certain power and authority for the care and custody of a child; to provide a short title; to provide for definitions; to provide for procedure; to provide for legislative findings; to provide for related;
By deleting lines 365 through 385 and inserting in lieu thereof the following: Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Chapter 9, relating to child custody proceedings, by adding a new article to read as follows:
"ARTICLE 5
19-9-140. This article shall be known and may be cited as the 'Supporting and Strengthening Families Act.'
TUESDAY, MARCH 22, 2016
3489
19-9-141. As used in this article, the term:
(1) 'Child' means an individual who is under the age of 18 years. (2) 'Guardian' means an individual appointed pursuant to Title 29 or by a court of law. (3) 'Legal custodian' shall have the same meaning as provided in Code Section 15-112. (4) 'Parent' shall have the same meaning as provided in Code Section 15-11-2.
19-9-142. (a) A parent, guardian, or legal custodian of a child, by a properly executed power of attorney provided in Code Section 19-9-150, may delegate to any adult residing in this state caregiving authority regarding his or her child for a period not to exceed one year, except as provided in Code Section 19-9-149. A parent, guardian, or legal custodian of a child may delegate to an attorney-in-fact any power and authority regarding the care and custody of such child, except the power to consent to the marriage or adoption of such child, the performance or inducement of an abortion on or for such child, or the termination of parental rights to such child. Such power and authority may be delegated without the approval of a court by executing in writing a power of attorney for the care and custody of the child in a form substantially complying with the provisions of this article. A delegation of power and authority under this Code section shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive a parent, guardian, or legal custodian of a child of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of such child. (b) Except as limited by federal law, this Code section, or the wishes of the parent, guardian, or legal custodian of a child as expressed in the power of attorney, the attorney-in-fact shall have the same rights, duties, and responsibilities that would otherwise be exercised by such parent, guardian, or legal custodian of a child pursuant to the laws of this state. (c) An attorney-in-fact shall acknowledge in writing his or her acceptance of the responsibility for caring for a child for the duration of the power of attorney. An attorney-in-fact shall swear or affirm under penalty of law that he or she is not currently on the state sexual offender registry of this state or the sexual offender registration for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor has he or she ever been required to register for any such registry. (d) The attorney-in-fact under a power of attorney for the care and custody of a child shall act in the best interest of the child. Such attorney-in-fact shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a child when such decision is made in good faith and is exercised in the best interest of the child.
3490
JOURNAL OF THE HOUSE
(e)(1) The attorney-in-fact shall have the right to enroll the child in a public school serving the area where the attorney-in-fact resides and may enroll the child in a private school, pre-kindergarten program, or home study program. (2) A public school shall allow such attorney-in-fact with a properly executed power of attorney for the care and custody of a child to enroll such child. (3) At the time of enrollment, the attorney-in-fact shall provide to such public school such residency documentation as is customary in that school district. (4) A public school shall not unreasonably deny enrollment of a child. If a public school denies enrollment of a child by an attorney-in-fact, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school district, including all of the remedies otherwise available when enrollment is denied to a child.
19-9-143. (a) When only one parent has legal custody of a child, he or she shall provide to the other parent a copy of the proposed power of attorney and the text of this Code section, by certified mail or statutory overnight delivery, 30 days prior to executing a power of attorney under this article. (b) The parent receiving the notice set forth in subsection (a) of this Code section may object to the execution of a power of attorney within 21 days of the transmittal of such notice. Such objection shall be filed in the superior court of the county where the child resides and shall be served by certified mail or statutory overnight delivery. Within 30 days of the objection being filed, the court shall hold an expedited hearing and determine whether the power of attorney is in the best interest of the child. The power of attorney shall not become effective until the court finds it to be in the best interest of the child. (c) In addition to the notice provided in subsection (a) of this Code section, a parent executing a power of attorney under this article shall comply with any applicable relocation notice requirements under subsection (f) of Code Section 19-9-3. (d) In the event of an emergency, the written requirement provisions of this Code section may be waived, but in no event shall this provision be interpreted as a means to violate a court order entered pursuant to subsection (f) of Code Section 19-9-3.
19-9-144. Nothing in this article shall preclude a parent, guardian, legal custodian, or attorney-infact from granting temporary written permission to seek emergency medical treatment or other services for a child while in the custody of an adult who is not the parent, guardian, legal custodian, or attorney-in-fact and who is temporarily supervising the child at the request of the parent, guardian, legal custodian, or attorney-in-fact.
19-9-145. (a) Except as may be permitted by the federal No Child Left Behind Act (P.L. 107110), a parent, guardian, or legal custodian executing the power of attorney for the care
TUESDAY, MARCH 22, 2016
3491
and custody of a child shall swear or affirm under penalty of law that such action is not being taken for the purpose of enrolling the child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with state law and may require, in addition to any other remedies, repayment by such parent, guardian, or legal custodian of all costs incurred by the school as a result of the violation. (b) A parent, guardian, or legal custodian shall not execute a power of attorney for the care and custody of a child for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the Department of Human Services and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the parent, guardian, or legal custodian, the child, or another child of the parent. (c) The power of attorney for the care and custody of a child shall be signed and acknowledged before a notary public by the parent, guardian, or legal custodian executing the power of attorney.
19-9-146. (a) The parent, guardian, or legal custodian of a child shall have the authority to revoke or withdraw the power of attorney by providing written notice to the attorney-in-fact at any time. If a parent, guardian, or legal custodian withdraws or revokes the power of attorney, the child shall be returned to the custody of the parent, guardian, or legal custodian as soon as reasonably possible. (b) Unless the authority is revoked or withdrawn by the parent, guardian, or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney authorized in such power of attorney so long as it does not exceed the length of time authorized in Code Sections 19-9-142 and 19-9-149 and shall not be subject to any provision concerning the licensing or regulation of foster care homes.
19-9-147. The execution of a power of attorney by a parent, guardian, or legal custodian, as authorized by this article, shall not constitute abandonment under Code Section 19-10-1 nor be reportable as child abuse or neglect under Code Section 19-7-5 unless the parent, guardian, or legal custodian fails to take custody of the child or execute a new power of attorney after the expiration of the power of attorney.
19-9-148. (a) A child subject to the power of attorney authorized by this article shall not be considered placed in foster care as defined in any other provision of law, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children.
3492
JOURNAL OF THE HOUSE
(b) An attorney-in-fact who has been delegated caregiving authority under this article shall not be subject to the requirements of any other child care facility or foster care licensing provisions, and such delegation shall not constitute an out-of-home child placement.
19-9-149. A parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty, may delegate caregiving authority for a period longer than one year if such parent is on active duty service. Such term of delegation, however, shall not exceed the term of active duty service plus 30 days.
19-9-150. (a) The statutory power of attorney contained in this Code section may be used for the temporary delegation of parental caregiving authority to an attorney-in-fact. This power of attorney is not intended to be exclusive. No provision of this article shall be construed to bar use by a parent, guardian, or legal custodian of any other or different form of power of attorney for the care and custody of a child that substantially complies with this article. (b) A power of attorney shall be legally sufficient under this Code section if the wording of the form complies substantially with the provisions of this Code section, the form is properly completed, and the signatures of the parties are acknowledged. (c) The power of attorney for the care and custody of a child shall be in substantially the following form:
'Statutory Form for Power of Attorney to Delegate Parental, Guardian, or Legal Custodian Power and Authority
1. I swear or affirm under penalty of law that I am the parent, guardian, or legal
custodian of:
_________________________________________________
(Full name of child)
(Date of birth)
2. I designate _______________________________ (full name of attorney-in-fact), ____________________________________________________________________ (street address, city, state, and ZIP Code of attorney-in-fact) ____________________________________________________________________, (home and work phone numbers of attorney-in-fact) as the attorney-in-fact of the child named above.
TUESDAY, MARCH 22, 2016
3493
3. I delegate to the attorney-in-fact all my power and authority regarding the care and custody the child named above, including but not limited to the right to enroll the child in school, inspect and obtain copies of education records and other records concerning the child, attend school activities and other functions concerning the child, and give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
OR
4. I delegate to the attorney-in-fact the following specific powers and responsibilities (write in): ____________________________________________________________________ In the event section 4 is completed, section 3 does not apply.
This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
5. This power of attorney is effective for a period not to exceed one year, beginning _____________, 20___, and ending _____________, 20___. I reserve the right to revoke this power and authority at any time.
OR
6. I am a serving parent as defined by Code Section 19-9-149 of the Official Code of Georgia Annotated. My active duty service is scheduled to begin on _____________, 20___, and is estimated to end on _____________, 20___. I acknowledge that in no event shall this delegation of power and authority last more than one year or the term of my active duty plus 30 days, whichever is longer. I reserve the right to revoke this power and authority at any time.
7. Except as may be permitted by the federal No Child Left Behind Act (P.L. 107110), I hereby swear or affirm under penalty of law that this power of attorney is not being executed for the purpose of enrolling a child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose.
By: ______________________________________________ (Parent, guardian, or legal custodian signature)
3494
JOURNAL OF THE HOUSE
8. I hereby accept my designation as attorney-in-fact for the child specified in this power of attorney and by doing so acknowledge my acceptance of the responsibility for caring for such child for the duration of this power of attorney. Furthermore, I hereby swear or affirm under penalty of law that I am not currently on the state sexual offender registry of this state or the sexual offender registration for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor have I ever been required to register for any such registry.
__________________________________________________ (Attorney-in-fact signature)
State of Georgia County of _______________________
ACKNOWLEDGMENT
Before me, the undersigned, a Notary Public, in and for said County and State on this _____ day of ____________, 20____, personally appeared ____________________ (name of parent, guardian, or legal custodian) and ______________________ (name of attorney-in-fact), to me known to be the identical persons who executed this instrument and acknowledged to me that each executed the same as his or her free and voluntary act and deed for the uses and purposes set forth in the instrument. Witness my hand and official seal the day and year above written.
__________________________________________________ (Notary public signature) (Seal) My commission expires: _____________________'"
Representative Weldon of the 3rd moved that the House disagree to the Senate amendment to the House substitute to SB 64.
The motion prevailed.
HB 1058. By Representatives Price of the 48th, Hawkins of the 27th, Cooper of the 43rd, Dempsey of the 13th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Chapters 17 and 22 of Title 31 and Code Section 24-12-21 of the O.C.G.A., relating to control of venereal disease, clinical laboratories, and the disclosure of AIDS confidential information, respectively, so as to revise various statutes relating to HIV and AIDS; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 22, 2016
3495
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapters 17 and 22 of Title 31 and Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to control of venereal disease, clinical laboratories, and the disclosure of AIDS confidential information, respectively, so as to revise various statutes relating to prevention and testing for HIV and AIDS; to revise a provision relating to refusal of a pregnant woman to submit to an HIV test; to provide for consent to medical treatment by a minor at risk of HIV; to eliminate the requirement that the Department of Public Health develop AIDS and HIV counseling brochures; to revise a provision relating to exposure of a health care provider to a potentially HIV infected person; to provide that disclosure to a parent or legal guardian of a minor's AIDS confidential information is permissive rather than mandatory; 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 subsection (d) of Code Section 31-17-4.2, relating to HIV pregnancy screening, as follows:
"(d) The woman shall be informed notified of the test to be conducted and her right shall have the opportunity to refuse the test. A pregnant woman shall submit to an HIV test and a syphilis test pursuant to this Code section unless she specifically declines refuses. 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."
SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 31-17-7, relating to consent of a minor to medical or surgical care or services, as follows:
"(a) The consent to the provision of medical or surgical care or services by a hospital or public clinic or to the performance of medical or surgical care or services by a physician licensed to practice medicine and surgery, when such consent is given by a minor who is or professes to be afflicted with a venereal disease or at risk for HIV, shall be as valid and binding as if the minor had achieved his or her majority, provided that any such treatment shall involve procedures and therapy related to conditions or illnesses arising out of the venereal disease or HIV diagnosis which gave rise to the consent authorized under this Code section. Any such consent shall not be subject to later disaffirmation by reason of minority. The consent of no other person or persons, including but not limited to a spouse, parent, custodian, or guardian, shall be necessary
3496
JOURNAL OF THE HOUSE
in order to authorize the provision to such minor of such medical or surgical care or services as are described in this subsection."
SECTION 3. Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, is amended by revising paragraph (6) of subsection (a) of Code Section 3122-9.1, relating to who may perform HIV tests, as follows:
"(6) 'Counseling' means providing the person with information and explanations medically appropriate for that person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV. The Department of Public Health shall develop brochures or other documents which meet the requirements of this paragraph and, upon delivery of such a brochure or document or of another brochure or document approved by the Department of Public Health to the person and referral of that person to the Department of Public Health for further information and explanations, counseling shall be deemed to have been provided within the meaning of this paragraph."
SECTION 4. Said chapter is further amended by revising subsection (g) of Code Section 31-22-9.2, relating to HIV tests, as follows:
"(g) Notwithstanding the other provisions of this Code section, when exposure of a health care provider to any body fluids of a patient occurs in such a manner as to create any risk that such provider might become an HIV infected person if the patient were an HIV infected person, according to current infectious disease guidelines of the Centers for Disease Control and Prevention or according to infectious disease standards of the health care facility where the exposure occurred, a health care provider otherwise authorized to order an HIV test shall be authorized to order any HIV test on such patient and obtain the results thereof:
(1) If the patient or the patient's representative, if the patient is a minor, otherwise incompetent, or unconscious, does not refuse the test after being notified that the test is to be ordered and after having been provided an opportunity to refuse the test; or (2) If the patient or the patient's representative refuses the test, following compliance with paragraph (1) of this subsection, when at least one other health care provider who is otherwise authorized to order an HIV test concurs in writing to the testing, and the patient is informed of the results of the test and is provided counseling with regard to those results, and the occurrence of that test is not made a part of the patient's medical records, where the test results are negative, without the patient's consent."
TUESDAY, MARCH 22, 2016
3497
SECTION 5.
Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended by revising subsection (c) as follows:
"(c) AIDS confidential information shall be disclosed to the person identified by that information or, if that person is a minor or an incompetent person, to that person's parent or legal guardian. AIDS confidential information may be disclosed to such person's parent or legal guardian if that person is a minor."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Price of the 48th moved that the House agree to the Senate substitute to HB 1058.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 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 N Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell
Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice 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
Stephenson Y Stovall N Stover
Strickland Y Tankersley
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
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
3498
JOURNAL OF THE HOUSE
On the motion, the ayes were 160, nays 4.
The motion prevailed.
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 Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional, media center, and staff development costs, so as to establish an expenditure control for direct instructional costs for virtual instruction provided to students enrolled in a local school system and residing in another local school system; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional, media center, and staff development costs, is amended by revising paragraph (1) of subsection (a) and adding a new subsection to read as follows:
"(a)(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the five instructional programs for disabled students shall be summed into one amount for special education. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings,
TUESDAY, MARCH 22, 2016
3499
and midterm adjustment, if any, for each program authorized by Code Section 20-2161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. For the purposes of this expenditure control, funds earned for counselors and technology specialists shall each be summed to the school level. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2212 plus associated benefits funded by the state and the salaries and any state earned benefits or comparable state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, foreign language, and physical education, technology specialists, and counselors shall be totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2161 which are not expended for direct instructional costs or for the direct instructional costs for virtual instruction which are not expended for virtual instruction pursuant to subsection (f) of this Code section must be returned to the state treasury." "(f) Ninety percent of funds earned pursuant to this article by a local school system for students enrolled in and receiving only virtual instruction from such local school system but residing in another local school system, shall be spent for costs for such virtual instruction; provided, however, that this shall not apply to virtual instruction received through the Georgia Virtual School established pursuant to Code Section 20-2-319.1 or the clearing-house established pursuant to Code Section 20-2-319.3, or through a state charter school which provides virtual instruction; provided, further, that this subsection shall not be subject to waiver pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code Section 20-2-2065 for a charter school, or Code Section 20-2-244."
3500
JOURNAL OF THE HOUSE
SECTION 2. 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, Dickson of the 6th, and England of the 116th offer the following amendment:
Amend HB 100 (LC 33 6627S) by striking lines 1 through 64 and inserting in lieu thereof the following:
To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing elementary and secondary education, so as to provide for requirements relating to virtual instruction provided to students enrolled in a local school system and residing in another local school system; to provide for automatic repeal of a provision; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing elementary and secondary education, is amended by adding a new Code section to read as follows:
"20-2-167.1. (a) As used in this Code section, the term:
(1) 'Out-of-system student' means a student who is enrolled in a local school system and receives virtual instruction from a virtual school within the local school system, but who resides in another local school system. (2) 'Virtual instruction' means online instruction for grades kindergarten through 12. Such term shall not include virtual instruction received through the Georgia Virtual School established pursuant to Code Section 20-2-319.1 or the clearing-house established pursuant to Code Section 20-2-319.3, or through a state charter school which provides virtual instruction. (3) 'Virtual school' means a school within a local school system which provides virtual instruction. (b) A local school system that provides virtual instruction through a virtual school whose total student enrollment is composed of more than 5 percent out-of-system students shall: (1) Ensure that 90 percent of funds earned pursuant to this article for out-of-system students are expended for costs for virtual instruction for such out-of-system students and shall return any excess funds to the state treasury which are not expended for such purposes;
TUESDAY, MARCH 22, 2016
3501
(2) Include in the virtual school and local school system's College and Career Ready Performance Index data academic achievement results for out-of-system students; and (3) Not provide virtual instruction to out-of-system students in the current academic year if the local school system has a College and Career Ready Performance Index for the most recently available previous academic year that is below the state average for such previous year, and shall not provide virtual instruction to out-of-system students in the current academic year through a virtual school within the local school system that has a College and Career Ready Performance Index for the most recently available previous academic year that is below the state average for such previous year. This paragraph shall stand repealed in its entirety on June 30, 2019. (c) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code Section 20-2-2065 for a charter school, or Code Section 20-2-244."
Representative Dickson of the 6th moved that the House agree to the Senate substitute, as amended by the House, to HB 100.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon
Broadrick Y Brockway Y Bruce E Bryant N Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler
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 Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan
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 Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
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
Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E N Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
Wilkerson Y Wilkinson Y Willard Y Williams, A
3502
JOURNAL OF THE HOUSE
Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 150, nays 16.
The motion prevailed.
HB 779. By Representatives Tanner of the 9th, Lumsden of the 12th, Watson of the 172nd, Prince of the 127th and Broadrick of the 4th:
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 regulate the use of unmanned aircraft systems and images captured by such systems; to provide for definitions; to provide for exceptions; to provide for penalties and a civil right of action; to provide for venue; to amend Code Section 27-3-151 of the Official Code of Georgia Annotated, relating to activity prohibited in the taking of wildlife, so as to regulate the use of unmanned aircraft systems in connection to hunting and fishing; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 16 and Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to crimes and offenses and regulation of aeronautics, aircraft, and airports generally, respectively, so as to regulate the use of unmanned aircraft systems; to provide for definitions; to provide for punishment; to provide for preemption; to create the Georgia Unmanned Vehicle Systems Commission; 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 adding a new article to Chapter 11, relating to offenses against public order and safety, to read as follows:
TUESDAY, MARCH 22, 2016
3503
"ARTICLE 6
16-11-210. As used in this article, the term:
(1)(A) 'Unmanned aircraft system' means a powered, aerial vehicle that: (i) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (ii) Uses aerodynamic forces to provide vehicle lift; (iii) Can fly autonomously or be piloted remotely; and (iv) Can be expendable or recoverable.
(B) Such term shall not include a satellite. (2) 'Weapon' means an object, device, or instrument which when used against a person is likely to, or actually does, result in serious bodily injury or death, including, but not limited to, a destructive device as defined in Code Section 16-7-80 or a dangerous weapon as defined in Code Section 16-11-121.
16-11-211. Except for United States military operations or federal governmental contracts involving research using weaponized unmanned aircraft systems, it shall be unlawful to sell, transport, manufacture, possess, or operate an unmanned aircraft system that is equipped with a weapon. Any person that violates this Code section shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one nor more than three years or by a fine not to exceed $100,000.00, or both.
16-11-212. (a) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state regulating the testing or operation of unmanned aircraft systems shall be deemed preempted and shall be null, void, and of no force and effect; provided, however, that a county, municipality, or other political subdivision of this state may:
(1) Enforce any ordinance that was adopted on or before April 1, 2016; (2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or (3) Adopt an ordinance that provides for or prohibits the launch or intentional landing of an unmanned aircraft system from or on its public property except with respect to the operation of an unmanned aircraft system for commercial purposes. (b) The state, through agency or department rules and regulations, may provide for or prohibit the launch or intentional landing of an unmanned aircraft system from or on its public property."
SECTION 1-2. Said title is further amended by revising Code Section 16-11-69, relating to penalties for violation of laws relating to wiretapping, eavesdropping, and surveillance, as follows:
3504
JOURNAL OF THE HOUSE
"16-11-69. Except as otherwise provided in subsection (d) (e) of Code Section 16-11-66.1 or Article 6 of this chapter, any person violating any of the provisions of 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 SECTION 2-1.
Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports generally, is amended by adding a new Code section to read as follows:
"6-2-13. (a) There is created the Georgia Unmanned Vehicle Systems Commission. (b) The commission shall be composed of:
(1) Three members of the Senate appointed by the President of the Senate; (2) Three members of the House of Representatives appointed by the Speaker of the House of Representatives; (3) Two individuals appointed by the Governor with backgrounds in unmanned aircraft systems; (4) One individual appointed by the Governor with a background in an outdoor venue that hosts major sporting events or entertainment; (5) The commissioner of economic development or his or her designee; (6) One individual appointed by the Governor from the aerospace industry; (7) The executive director of the Georgia Ports Authority or his or her designee; (8) A sheriff appointed by the Governor; (9) A chief of police appointed by the Governor; (10) The director of the Georgia Emergency Management Agency or his or her designee; (11) The director of the Georgia Bureau of Investigation or his or her designee; (12) The Adjutant General of the Georgia National Guard or his or her designee; (13) A mayor appointed by the Governor; (14) A county commissioner appointed by the Governor; and (15) One individual appointed by the Governor who is a representative of the Association of Unmanned Vehicle Systems International. (c) Appointed members shall be appointed by their respective appointing authorities for two-year terms of office and may be reappointed upon the expiration of their terms of office. Vacancies shall be filled for the unexpired term by appointment by the respective appointing authority. (d) The President of the Senate shall designate one of the Senate appointees as cochairperson, and the Speaker of the House of Representatives shall designate one of the House of Representatives appointees as cochairperson. The commission shall meet at least four times per year and upon the call of the cochairpersons.
TUESDAY, MARCH 22, 2016
3505
(e) Legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 for attending meetings of the commission. Members of the commission who are state officials, other than legislative members, or who are state employees shall receive no compensation for their services on the commission, but they may be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. Members of the commission 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 457-21 as well as the mileage or transportation allowance authorized for state employees. (f) The commission, in consultation with the Department of Economic Development and other interested parties, shall:
(1) Identify the benefits, including job creation, a cleaner environment, positive economic impacts, increased public safety, and enhanced efficiencies, that may be realized by the state from conducting research on unmanned vehicle systems in the state and by developing, manufacturing, and operating unmanned vehicle systems in the state; (2) Determine the benefits that may be realized within each of the various industry sectors in the state that have the potential for the use of unmanned vehicle systems and evaluate the extent to which the use of unmanned vehicle systems in the state is in the public interest; (3) Identify ways in which the benefits and other positive aspects associated with the use of unmanned vehicle systems may be conveyed to the public in order to achieve public support; (4) Identify policies that should be implemented to ensure that any concerns, including privacy, property rights, commercial interests, and public safety issues, are addressed; (5) Identify concerns associated with safety and commercial interests of outdoor venues, including sporting events and entertainment; (6) As a way to provide certainty to companies that want to use unmanned aircraft systems in the state, develop qualification guidelines for companies to follow when applying to the Federal Aviation Administration for a Section 333 exemption; (7) Identify the state of all unmanned vehicle systems industries in this state, looking comprehensively at the industry, including the supply chain from precompetitive research and development through production and operation; (8) Identify challenges and needs of the unmanned vehicle systems industry that may be met with Georgia assets for each domain of unmanned vehicle systems (aerial, land, maritime), including, but not limited to, workforce, research and engineering expertise, testing facilities, manufacturing facilities, and economic development opportunities within the state; (9) Develop the value proposition for Georgia that will provide a basis for marketing Georgia to the current unmanned vehicle systems industry and that will position Georgia for emerging needs and applications within that industry; and
3506
JOURNAL OF THE HOUSE
(10) Provide recommendations that will encourage the development of the unmanned vehicle systems industry in Georgia. (g) On or before December 1, the commission shall provide an annual report to the General Assembly on its work and findings. (h) The commission shall be abolished on December 31, 2021."
PART III SECTION 3-1.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Tanner of the 9th offers the following amendment:
Amend the Senate substitute to HB 779 (LC 29 7115S) by replacing lines 1 through 139 with the following: To amend Title 16 and Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to crimes and offenses and regulation of aeronautics, aircraft, and airports generally, respectively, so as to regulate the use of unmanned aircraft systems and the gathering of evidence or information by such systems; to provide for definitions; to provide for exceptions; to provide for punishments and a civil right of action; to provide for preemption; to create the Georgia Unmanned Vehicle Systems Commission; 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 adding a new article to Chapter 11, relating to offenses against public order and safety, to read as follows:
"ARTICLE 6
16-11-210. As used in this article, the term:
(1)(A) 'Unmanned aircraft system' means a powered, aerial vehicle that: (i) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (ii) Uses aerodynamic forces to provide vehicle lift; (iii) Can fly autonomously or be piloted remotely; and
TUESDAY, MARCH 22, 2016
3507
(iv) Can be expendable or recoverable. (B) Such term shall not include a satellite. (2) 'Weapon' means an object, device, or instrument which when used against a person is likely to, or actually does, result in serious bodily injury or death, including, but not limited to, a destructive device as defined in Code Section 16-7-80 or a dangerous weapon as defined in Code Section 16-11-121.
16-11-211. Except for United States military operations or federal governmental contracts involving research using weaponized unmanned aircraft systems, it shall be unlawful to sell, transport, manufacture, possess, or operate an unmanned aircraft system that is equipped with a weapon. Any person that violates this Code section shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one nor more than three years or by a fine not to exceed $100,000.00, or both.
16-11-212. (a) Except as provided in subsection (b) of this Code section, no law enforcement agency shall use an unmanned aircraft system to gather evidence or other information in a private place or of an individual in a private place. (b) This Code section shall not prohibit the use of an unmanned aircraft system:
(1) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of an unmanned aircraft system; (2) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life; (3) To provide continuous aerial coverage when law enforcement is conducting an active search for a fugitive or escapee or is monitoring a hostage situation; or (4) To provide aerial coverage when deployed for the purpose of conducting an active search for a missing person. (c) An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief, as determined by the court, in order to prevent or remedy a violation of this Code section. (d) No data collected on a person, home, or areas other than the target that justified deployment of an unmanned aircraft system may be used, copied, or disclosed for any purpose. Notwithstanding Article 4 of Chapter 18 of Title 50 or any state or local retention policy, such data shall be deleted as soon as possible, and in no event later than five days after collection. Any data retained in violation of this subsection shall be subject to Article 4 of Chapter 18 of Title 50. (e)(1) The use of an unmanned aircraft system to gather evidence or information for a possible criminal prosecution shall constitute a search. Any law enforcement agency that uses an unmanned aircraft system, or other substantially similar device to gather evidence or obtain information, shall comply in all respects with the Fourth Amendment to the Constitution of the United States and the Constitution of Georgia.
3508
JOURNAL OF THE HOUSE
(2) Absent exigent circumstances or another authorized exception to the search warrant requirement, evidence obtained or collected in violation of this Code section shall not be admissible as evidence in a criminal prosecution in any court of law in this state.
16-11-213. (a) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state regulating the testing or operation of unmanned aircraft systems shall be deemed preempted and shall be null, void, and of no force and effect; provided, however, that a county, municipality, or other political subdivision of this state may:
(1) Enforce any ordinance that was adopted on or before April 1, 2016; (2) Adopt any ordinance that enforces Federal Aviation Administration restrictions; or (3) Adopt any ordinance that provides for or prohibits the launch or intentional landing of an unmanned aircraft system from or on its public property except with respect to the operation of an unmanned aircraft system for commercial purposes. (b) The state, through agency or department rules and regulations, may provide for or prohibit the launch or intentional landing of an unmanned aircraft system from or on its public property."
SECTION 1-2. Said title is further amended by revising Code Section 16-11-69, relating to penalties for violation of laws relating to wiretapping, eavesdropping, and surveillance, as follows:
"16-11-69. Except as otherwise provided in subsection (d) (e) of Code Section 16-11-66.1 or Article 6 of this chapter, any person violating any of the provisions of 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 SECTION 2-1. Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports generally, is amended by adding a new Code section to read as follows: "6-2-13. (a) There is created the Georgia Unmanned Vehicle Systems Commission. (b) The commission shall be composed of: (1) Three members of the Senate appointed by the President of the Senate; (2) Three members of the House of Representatives appointed by the Speaker of the House of Representatives; (3) Two individuals appointed by the Governor with backgrounds in unmanned aircraft systems;
TUESDAY, MARCH 22, 2016
3509
(4) The commissioner of natural resources or his or her designee; (5) The commissioner of economic development or his or her designee; (6) One individual appointed by the Governor from the aerospace industry; (7) The executive director of the Georgia Ports Authority or his or her designee; (8) A sheriff appointed by the Governor; (9) A chief of police appointed by the Governor; (10) The director of the Georgia Emergency Management Agency or his or her designee; (11) The director of the Georgia Bureau of Investigation or his or her designee; (12) The Adjutant General of the Georgia National Guard or his or her designee; (13) A mayor appointed by the Governor; (14) A county commissioner appointed by the Governor; and (15) One individual appointed by the Governor who is a representative of the Association of Unmanned Vehicle Systems International. (c) Appointed members shall be appointed by their respective appointing authorities for two-year terms of office and may be reappointed upon the expiration of their terms of office. Vacancies shall be filled for the unexpired term by appointment by the respective appointing authority. (d) The President of the Senate shall designate one of the Senate appointees as cochairperson, and the Speaker of the House of Representatives shall designate one of the House of Representatives appointees as cochairperson. The commission shall meet at least four times per year and upon the call of the cochairpersons. (e) Legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 for attending meetings of the commission. Members of the commission who are state officials, other than legislative members, or who are state employees shall receive no compensation for their services on the commission, but they may be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. Members of the commission 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 457-21 as well as the mileage or transportation allowance authorized for state employees. (f) The commission, in consultation with the Department of Economic Development and other interested parties, shall: (1) Identify the benefits, including job creation, a cleaner environment, positive economic impacts, increased public safety, and enhanced efficiencies, that may be realized by the state from conducting research on unmanned vehicle systems in the state and by developing, manufacturing, and operating unmanned vehicle systems in the state; (2) Determine the benefits that may be realized within each of the various industry sectors in the state that have the potential for the use of unmanned vehicle systems and evaluate the extent to which the use of unmanned vehicle systems in the state is in the public interest;
3510
JOURNAL OF THE HOUSE
(3) Identify ways in which the benefits and other positive aspects associated with the use of unmanned vehicle systems may be conveyed to the public in order to achieve public support; (4) Identify policies that should be implemented to ensure that any concerns, including privacy, property rights, commercial interests, and public safety issues, are addressed; (5) Identify concerns associated with safety and commercial interests of outdoor venues, including sporting events and entertainment; (6) As a way to provide certainty to companies that want to use unmanned aircraft systems in the state, develop qualification guidelines for companies to follow when applying to the Federal Aviation Administration for a Section 333 exemption; (7) Identify the state of all unmanned vehicle systems industries in this state, looking comprehensively at the industry, including the supply chain from precompetitive research and development through production and operation; (8) Identify challenges and needs of the unmanned vehicle systems industry that may be met with Georgia assets for each domain of unmanned vehicle systems (aerial, land, maritime), including, but not limited to, workforce, research and engineering expertise, testing facilities, manufacturing facilities, and economic development opportunities within the state; (9) Develop the value proposition for Georgia that will provide a basis for marketing Georgia to the current unmanned vehicle systems industry and that will position Georgia for emerging needs and applications within that industry; and (10) Provide recommendations that will encourage the development of the unmanned vehicle systems industry in Georgia. (g) On or before December 1, the commission shall provide an annual report to the General Assembly on its work and findings. (h) The commission shall be abolished on December 31, 2021."
PART III SECTION 3-1.
All laws and parts of laws in conflict with this Act are repealed.
Representative Tanner of the 9th moved that the House agree to the Senate substitute, as amended by the House, to HB 779.
On the motion, the roll call was ordered and the vote was as follows:
Abrams Y Alexander E Allison Y Atwood Y Ballinger N Barr
E Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Y Smith, E Y Smith, L Y Smith, M Y Smith, R N Smyre N Spencer
TUESDAY, MARCH 22, 2016
3511
Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin N Beverly N Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson Y Carter, A Y Carter, D N Casas E Chandler Y Cheokas
Clark, D N Clark, H Y Clark, V Y Coleman
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 Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra
Marin Martin Y Maxwell E Mayo Y McCall E McClain Y Meadows
Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes N Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover
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
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E N Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 136, nays 27.
The motion prevailed.
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 Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
3512
JOURNAL OF THE HOUSE
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide a grace period for certain candidate and public officer disclosure filings; to provide for a waiver of fines, late fees, and penalties in certain cases; to provide for refund of previously paid fines, late fees, and penalties under certain circumstances; to provide for review of filings; to provide for certain forms and filing fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by adding a new Code section to read as follows:
"21-5-7.2. (a) With regard to campaign contribution disclosure report and personal financial disclosure statement filings required by this chapter between January 1, 2010, and January 10, 2014, for public officers for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 or candidates for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3, there shall be a grace period for such persons to file such reports from the effective date of this Code section through December 31, 2016. Any public officer for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 or candidate for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 who did not file, filed late, or filed an incomplete report which was required by this chapter between January 1, 2010, and January 10, 2014, and subsequently files complete and proper reports for such time period by December 31, 2016, shall be deemed in compliance with this chapter with regard to such reports and all fines, late fees, and penalties imposed as a result of the failure to file, late filing, or incomplete filing of such reports shall be waived upon the approval of such reports by the commission. Such reports may be filed electronically or in paper format; provided, however, that the commission shall be authorized to impose a filing fee of not more than $40.00 for reports filed in paper format. The commission shall notify by mail, at the last address for such individuals on file with the commission, each public officer or candidate who is shown on the records of the commission to have failed to file, filed late, or made an incomplete filing of a report and who is subject to the provisions of this subsection of the provisions and requirements of this Code section. The failure by an individual to receive such notice shall not affect any such public officer's or candidate's rights, duties, or obligations under this Code section. The commission shall have until December 31, 2017, to review such reports to determine their sufficiency under this chapter. The commission is authorized and required to promulgate forms for the purpose of filing reports under this subsection such that one report can be used to cover the entire period between January 1, 2010, and January 10, 2014, for each type of filing. The commission shall
TUESDAY, MARCH 22, 2016
3513
begin accepting reports under this subsection not later than July 1, 2016. Filings under this subsection which contain technical defects shall be handled in accordance with Code Section 21-5-7.1. (b) Upon the filing of reports by a public officer or candidate pursuant to subsection (a) of this Code section, the public officer's or candidate's name shall be removed from the commission's web page listing of persons who owe late fees, fines, or penalties for such reports. If the commission determines that such reports are incomplete or not in compliance with the provisions of this chapter, such names may be restored to the web page. (c) Any public officer for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 or candidate for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 who did not file, filed late, or filed an incomplete report which was required by this chapter between January 1, 2010, and January 10, 2014, and subsequently filed reports for such time period and paid a fine, late fee, or other penalty shall, upon the filing of complete reports for such time period and upon the appropriation by the General Assembly of specific appropriations to the commission, have such fine, late fee, or other penalty refunded to him or her when the commission approves such reports as being complete and in compliance with the provisions of this chapter. (d) If the commission does not make a determination as to the completeness and sufficiency of the reports filed in accordance with this Code section by December 31, 2017, such reports shall be deemed complete and sufficient and no further action to impose or collect late fees shall be taken by the commission with regard to such reports. (e) Nothing in this Code section shall prevent the commission from pursuing any action against any other public officer or candidate not subject to this Code section at any time or against any public officer or candidate who is subject to this Code section who does not make a complete and proper filing by December 31, 2016, or from pursuing any action against any public officer for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 or candidate for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 which relate to violations of the Georgia Government Transparency and Campaign Finance Act unrelated to such public officer's or candidate's failure to file, late filing, or filing of an incomplete report which was required by this chapter."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
3514
JOURNAL OF THE HOUSE
Pursuant to Rule 133, Representatives Strickland of the 111th and Welch of the 110th were excused from voting on HB 370.
Representative Fleming of the 121st moved that the House agree to the Senate substitute to HB 370.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr N Battles Y Beasley-Teague Y Belton Y Bennett, K N Bennett, T Y Bentley Y Benton N Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon N Cantrell Y Carson Y Carter, A Y Carter, D N Casas E Chandler Y Cheokas Y Clark, D Y 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 N Dollar Y Douglas Y Drenner N Dudgeon
Dukes Y Dunahoo N Duncan Y Ealum Y Efstration N Ehrhart N England Y Epps N Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell E Mayo
McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T
Rutledge 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
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
Welch Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates Ralston, Speaker
On the motion, the ayes were 141, nays 20.
The motion prevailed.
TUESDAY, MARCH 22, 2016
3515
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.
The following Senate substitute was read:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Accountability, Change Management, and Process Improvement Act of 2016."
SECTION 2. Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to information technology, is amended by revising Code Section 50-29-3, which was previously reserved, as follows:
"50-29-3. (a) The General Assembly finds that:
(1) As Georgia's state government seeks to provide improved service at a lower cost to its citizens and technology continues to play an increased role in service delivery, the pace of change for state agencies, boards, authorities, and commissions will continue to increase; (2) Programs that involve significant expenditures or major changes for large numbers of Georgia residents should each be backed by a strong business case at its launch; (3) Research has consistently shown that projects with effective change management programs are significantly more likely to be successful than projects with little or no change management programs and are significantly more likely to come in on time and on or under budget; and
3516
JOURNAL OF THE HOUSE
(4) Leading private businesses have grown and regularly utilize change management services to ensure that technological, organizational, and other changes are effectively implemented. (b)(1) All state agencies, boards, authorities, and commissions of the executive branch of state government shall provide a written business case for every information technology project that exceeds $1 million in value. Such business case shall include at a minimum:
(A) A description of the business need for the project; (B) A budget for the project; (C) An estimate of its operational impacts; (D) A scan of available options to meet the business need; (E) An outline of the benefits of a successful implementation to the citizens of Georgia and an outline with time frames of anticipated benefits; (F) An analysis of the risks of not acting and how the proposed solutions will mitigate those risks; and (G) An assessment of business process improvement, the need for process improvement, and corresponding change management. (2) Written business cases for covered projects shall be provided to the Georgia Technology Authority at least 30 days prior to the request of any state funds or the issuance of any procurement documents for the project. The Georgia Technology Authority shall consult with the Department of Administrative Services and report to the Governor's Office of Planning and Budget on findings and recommendations. (c)(1) All state agencies, boards, authorities, and commissions of the executive branch of state government shall provide for a change management plan and resources necessary for plan execution for projects that exceed $1 million in value, projects that directly involve two or more state agencies, or service delivery changes in existing programs that significantly change existing business processes. (2) A change management plan and execution shall, at a minimum, incorporate: (A) A stakeholder analysis covering all impacted parties, including impacted groups, number of stakeholders impacted, type and degree of impact, and like areas and degree of resistance; (B) A change risk assessment; (C) Primary sponsors for the change program; (D) A change management program approach; and (E) A change management work plan for communication, coaching, training, sponsorship, and resistance management. (3) It is the intent of the General Assembly that agencies shall seek best practices with private or public sector experts when appropriate to develop and implement change management plans. Change management consulting may be independent of project implementation. (4) Written change management plans for covered projects shall be delivered to the Governor's Office of Planning and Budget and the Georgia Technology Authority. Reserved."
TUESDAY, MARCH 22, 2016
3517
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Brockway of the 102nd moved that the House agree to the Senate substitute to HB 676.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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
Dickson Dollar Y Douglas Y 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Jasperse
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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell E Mayo
McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake
Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 160, nays 0.
The motion prevailed.
HB 697. By Representatives Kirby of the 114th, Harden of the 148th, Caldwell of the 20th, Burns of the 159th, Jasperse of the 11th and others:
3518
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Article 3 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, so as to require solicitors to receive from consumers affirmative assent to continued receipt of certain merchandise following a free trial before charging; to provide for remedies; 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 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, so as to require solicitors to receive from consumers affirmative assent to continued receipt of certain merchandise following a free trial before charging; to provide for remedies; 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 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, is amended by revising Code Section 10-1-50, relating to regulations regarding the sending of unsolicited merchandise, as follows:
"10-1-50. (a) As used in this Code section, the term 'person' shall have the meaning as provided in Code Section 10-1-2. (b) No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner or by any means, offer for sale goods, wares, or merchandise where the offer includes the voluntary and unsolicited sending of such goods, wares, or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such goods, wares, or merchandise shall for all purposes be deemed an unconditional gift to the recipient, who may use or dispose of such goods, wares, or merchandise, unless such goods, wares, or merchandise were delivered to the recipient as a result of a bona fide mistake, in any manner he or she sees fit without any obligation on his part to the sender. (c) No person shall require payment for the continued provision of any goods, wares, or merchandise following the expiration of a trial period during which similar goods, wares, or merchandise were provided free of charge unless the recipient of such goods, wares, or merchandise provides affirmative oral, written, or electronic assent to the continued receipt thereof on a paid basis. In the absence of any such assent, the receipt of any such goods, wares, or merchandise following such trial period shall for all purposes be deemed an unconditional gift to the recipient, who may use or dispose of
TUESDAY, MARCH 22, 2016
3519
such goods, wares, or merchandise, unless such goods, wares, or merchandise were delivered to the recipient as a result of a bona fide mistake, in any manner he or she sees fit without any obligation to the sender. If, after any such receipt deemed to be an unconditional gift under this Code section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party. (d) Any violation of this Code section shall be considered a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975.' Any remedy available under such part shall be available to any recipient under this Code section, and any action by the Attorney General authorized under such part for a violation thereof shall be authorized for a violation of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Kirby of the 114th moved that the House agree to the Senate substitute to HB 697.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson
E 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
England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier
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 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 Lott
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake
Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 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 Y Welch
Weldon Y Werkheiser
3520
JOURNAL OF THE HOUSE
Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo
McCall E McClain
Meadows
Y Rogers, C Rogers, T 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 159, nays 0.
The motion prevailed.
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.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to 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.
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 adding a new Code section to read as follows:
TUESDAY, MARCH 22, 2016
3521
"20-2-167.1. (a) As used in this Code section, the term:
(1) 'Governing body' means the local board of education, governing council, governing board, or other entity by whatever name responsible for creating and implementing the budget of a local education agency. (2) 'Local education agency' means any local school system and any charter school subject to the provisions of Article 31 or 31A of this chapter, except this shall not include college and career academies that are charter schools; conversion charter schools, as defined in Code Section 20-2-2062, whose charter is not held by a nonprofit corporation; or system charter schools, as defined in Code Section 20-22062. (b) Each governing body shall hold at least two public meetings, which shall not occur within the same week, for the purpose of providing an opportunity for public input on its proposed annual operating budget before adopting any budget; provided, however, that any other public meeting or hearing held that is related to the budget as required by law shall satisfy all or a portion of such requirement. The governing body of a charter school with a state-wide attendance zone and students residing in 25 percent or more of Georgia's counties or in three or more counties which are not geographically contiguous shall conduct one such public meeting virtually and one such public meeting in the county in which its primary business office is located. The public meetings shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the board of education are advertised. (c) A summary of the annual operating budget proposed by the governing board and the annual operating budget adopted by the governing board shall be posted on a publicly available area of such governing body's website. The summary of the annual operating budget adopted by the governing body shall be maintained on such publicly available area of the website until the annual operating budget for the next fiscal year is adopted by the governing body. In the event a governing body elects to post the line item detailed proposed and adopted annual operating budgets on a publicly available area of its website, it shall be deemed in compliance with this subsection. (d) Upon request, each governing body shall provide to any person an electronic copy of the line item detailed adopted annual operating budget in a format suitable for analysis at no cost within three business days of such request, and the summary of the budget required by subsection (c) of this Code section shall give notice of such right. (e) The provisions of this Code section shall not be construed to apply to the operating budget or accounting records of a nonprofit corporation itself that operates a charter school."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
3522
JOURNAL OF THE HOUSE
Representative Caldwell of the 20th moved that the House agree to the Senate substitute to HB 65.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson N Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 Y Evans Y Fleming N Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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
Jasperse 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak
Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 158, nays 3.
The motion prevailed.
HB 1028. By Representatives Werkheiser of the 157th, Nimmer of the 178th, Burns of the 159th, Abrams of the 89th and Caldwell of the 20th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions
TUESDAY, MARCH 22, 2016
3523
relative to waste management, so as to require the Environmental Protection Division of the Department of Natural Resources to provide notice to affected localities upon the occurrence of certain events relating to permitted solid or hazardous waste facilities; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to require the owner or operator of a municipal solid waste landfill to provide notice to the relevant local governing authority upon the occurrence of certain solid waste releases; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, is amended by adding a new Code section to read as follows:
"12-8-24.3. The owner or operator of a municipal solid waste landfill shall notify the local governing authorities of any city and county in which such landfill is located of any release from the site of such landfill of a contaminant which is likely to pose a danger to human health. In addition, such owner or operator shall cause notice of such release to be published in the legal organ of the county in which such landfill is located. Compliance with the requirements of this Code section shall occur within 14 days of confirmation of such release by the division."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Werkheiser of the 157th moved that the House agree to the Senate substitute to HB 1028.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood
E Cooke Coomer
Y Cooper Y Corbett
Y Harden Y Harrell Y Hatchett Y Hawkins
Y Metze Y Mitchell Y Morris Y Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
3524
JOURNAL OF THE HOUSE
Y Ballinger Barr
Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway
Bruce E Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Henson Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Jasperse 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall E McClain Meadows
Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A
Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 156, nays 0.
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 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
TUESDAY, MARCH 22, 2016
3525
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.
HB 808. By Representatives Willard of the 51st, Jones of the 47th, Burns of the 159th, Oliver of the 82nd, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to create a new Judicial Qualifications Commission; to provide for the powers, composition, and appointment of such commission; to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to certain proceedings exempted from open meetings requirements, so as to remove any exemptions for meetings of the Judicial Qualifications Commission; to provide effective dates; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 958. By Representatives Jones of the 47th, Willard of the 51st, Golick of the 40th, Raffensperger of the 50th, Cantrell of the 22nd 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 12, 2015 (Ga. L. 2015, p. 4054), so as to provide for the term of the member appointed by the mayor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1074. By Representatives Reeves of the 34th, Carson of the 46th, Dollar of the 45th, Setzler of the 35th, 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, so as to change the compensation of the judges of the state court; to authorize the governing authority of Cobb County to make payments to the Trial Judges and Solicitors Retirement Fund; to provide for related matters; to repeal conflicting laws; and for other purposes.
3526
JOURNAL OF THE HOUSE
HB 1102. By Representatives Dudgeon of the 25th, Gilligan of the 24th, Duncan of the 26th, Cantrell of the 22nd and Tanner of the 9th:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from all Forsyth County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district, approved April 19, 2000 (Ga. L. 2000, p. 4268), so as to revise the eligibility of residents for such homestead exemption; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 1105. By Representatives Carson of the 46th, Cantrell of the 22nd, Ballinger of the 23rd, Caldwell of the 20th and Turner of the 21st:
A BILL to be entitled an Act to authorize the governing authority of Cherokee 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 1111. By Representatives Setzler of the 35th, Reeves of the 34th, Ehrhart of the 36th and Parsons of the 44th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, so as to revise the powers and duties of the mayor; to provide for the removal of officers under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1113. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), so as to clarify the qualifications for participation in such health insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 22, 2016
3527
HB 1120. By Representative Burns of the 159th:
A BILL to be entitled an Act to authorize the governing authority of the Board of Commissioners of Screven 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.
HB 1123. By Representatives Blackmon of the 146th, Clark of the 147th, Harden of the 148th, Epps of the 144th and Dickey of the 140th:
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), as amended, particularly by an Act approved May 12, 2015 (Ga. L. 2015, p. 4161), so as to identify the projects or tourism product development purposes and specify the allocation of proceeds of the excise tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1129. By Representatives Gardner of the 57th, Mosby of the 83rd, Kaiser of the 59th, Cannon of the 58th, Bennett of the 80th and others:
A BILL to be entitled an Act to amend an Act to create the McPherson Implementing Local Redevelopment Authority, approved May 14, 2008 (Ga. L. 2008, p. 4328), so as to continue such authority; to provide for extended contract and lease periods with respect to projects; to provide for public contracts with private enterprises for the completion of projects; to revise provisions relating to absences from board meetings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1130. By Representatives Harden of the 148th, Blackmon of the 146th, Dickey of the 140th, Clark of the 147th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act to create and establish the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, so as to change the office of the clerk of the state court to an appointed position; to repeal conflicting laws; and for other purposes.
3528
JOURNAL OF THE HOUSE
HB 1133. By Representative Greene of the 151st:
A BILL to be entitled an Act to provide a new charter for the City of Lumpkin; to provide for pending matters; to provide for construction and 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.
HB 1134. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Evans of the 42nd, Smith of the 41st, 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 Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4167), so as to provide for annexation of certain property; to provide for deannexation of certain property; to provide for related matters; to repeal a certain act; to repeal conflicting laws; and for other purposes.
HB 1135. By Representatives Reeves of the 34th, Setzler of the 35th, Ehrhart of the 36th, Parsons of the 44th, Wilkerson of the 38th 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) and by an Act approved May 6, 2015 (Ga. L. 2015, p. 3737), so as to change provisions relating to the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1136. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4188), an Ordinance adopted by the Rome City Commission June 15, 1987 (Ga. L. 1988, p. 5404), an Ordinance adopted by the Rome City Commission August 4, 1997 (Ga. L. 1998, p. 4849), and an Ordinance adopted by the Rome City Commission September 3, 2002 (Ga. L. 2004, p. 4756), so as to change qualifications for members of the governing authority to include residency in the ward in which they seek office; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 22, 2016
3529
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 887. By Representatives Efstration of the 104th, Ballinger of the 23rd, Quick of the 117th, Caldwell of the 131st, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Articles 3 and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings and termination of parental rights, respectively, so as to prioritize the placement of a child with a relative who is an adult or fictive kin when such individual is qualified to care for such child and it is in the best interests of the child; 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 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, guardian, or legal custodian of a child to a kinship caregiver for the temporary delegation of certain power and authority for the care and custody of a child; to provide a short title; to provide for definitions; to provide for procedure; to amend Articles 3 and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings and termination of parental rights, respectively, so as to prioritize the placement of a child with an adult who is a relative or fictive kin when such individual is qualified to care for such child and it is in the best interests of the child; to provide for legislative findings; 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.
The General Assembly finds that: (1) From time to time, parents experience short-term difficulties that impair their ability to perform the regular and expected functions to provide care and support to their children; (2) Parents need a means to confer to a relative or individual with whom a child has a significant relationship the temporary authority to act on behalf of a child without the
3530
JOURNAL OF THE HOUSE
time and expense of a court proceeding or the involvement of the Division of Family and Children Services of the Department of Human Services; and (3) Providing a statutory mechanism for granting such authority enhances family preservation and stability.
SECTION 1-2. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by adding a new article to read as follows:
"ARTICLE 5
19-9-140. This article shall be known and may be cited as the 'Supporting and Strengthening Families Act.'
19-9-141. As used in this article, the term:
(1) 'Child' means an individual who is under the age of 18 years. (2) 'Fictive kin' means a person who is known to a child as a relative, but who is not, in fact, related by blood or marriage to such child, and with whom such child has resided or had significant contact. (3) 'Guardian' means an individual appointed pursuant to Title 29 or by a court of law. (4) 'Kinship caregiver' means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child or a fictive kin. (5) 'Legal custodian' shall have the same meaning as provided in Code Section 15-112. (6) 'Parent' shall have the same meaning as provided in Code Section 15-11-2.
19-9-142. (a) A parent, guardian, or legal custodian of a child, by a properly executed power of attorney provided in Code Section 19-9-150, may delegate to a kinship caregiver residing in this state caregiving authority regarding his or her child for a period not to exceed one year, except as provided in Code Section 19-9-149. A parent, guardian, or legal custodian of a child may delegate to such attorney-in-fact any power and authority regarding the care and custody of such child, except the power to consent to the marriage or adoption of such child, the performance or inducement of an abortion on or for such child, or the termination of parental rights to such child. Such power and authority may be delegated without the approval of a court by executing in writing a power of attorney for the care and custody of a child in a form substantially complying with the provisions of this article. A delegation of power and authority under this Code section shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive a parent, guardian, or legal
TUESDAY, MARCH 22, 2016
3531
custodian of a child of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of such child. (b) Except as limited by federal law, this Code section, or the wishes of the parent, guardian, or legal custodian of a child as expressed in the power of attorney, the attorney-in-fact shall have the same rights, duties, and responsibilities that would otherwise be exercised by such parent, guardian, or legal custodian of a child pursuant to the laws of this state. (c) An attorney-in-fact shall acknowledge in writing his or her acceptance of the responsibility for caring for a child for the duration of the power of attorney. An attorney-in-fact shall certify that he or she is not currently on the state sexual offender registry of this state or the sexual offender registration for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor has he or she ever been required to register for any such registry. (d) The attorney-in-fact under a power of attorney for the care and custody of a child shall act in the best interest of the child. Such attorney-in-fact shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a child when such decision is made in good faith and is exercised in the best interest of the child.
(e)(1) The attorney-in-fact shall have the right to enroll the child in a public school serving the area where the attorney-in-fact resides and may enroll the child in a private school, pre-kindergarten program, or home study program. (2) A public school shall allow such attorney-in-fact with a properly executed power of attorney for the care and custody of a child to enroll such child. (3) At the time of enrollment, the attorney-in-fact shall provide to such public school such residency documentation as is customary in that school district. (4) A public school shall not unreasonably deny enrollment of a child. If a public school denies enrollment of a child by an attorney-in-fact, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school district, including all of the remedies otherwise available when enrollment is denied to a child.
19-9-143. (a) When only one parent has legal custody of a child, he or she shall provide written notice to the other parent, by certified mail or statutory overnight delivery, 30 days prior to the executing of a power of attorney under this article. (b) The parent receiving the notice set forth in subsection (a) of this Code section may object to the execution of a power of attorney within 21 days of the delivery of such notice. Such objection shall be filed in the superior court of circuit where the child resides and shall be served by certified mail or statutory overnight delivery. Within 30 days of the objection being filed, the court shall hold an expedited hearing and determine whether the power of attorney is in the best interest of the child. The power of attorney shall not become effective until the court finds it to be in the best interest of the child.
3532
JOURNAL OF THE HOUSE
(c) In addition to the notice provided in subsection (a) of this Code section, a parent executing a power of attorney under this article shall comply with any applicable relocation notice requirements under subsection (f) of Code Section 19-9-3. (d) In the event of an emergency, the written requirement provisions of this Code section may be waived, but in no event shall this provision be interpreted as a means to violate a court order entered pursuant to subsection (f) of Code Section 19-9-3.
19-9-144. Nothing in this article shall preclude a parent, guardian, legal custodian, or attorney-infact from granting temporary written permission to seek emergency medical treatment or other services for a child while in the custody of an adult who is not the parent, guardian, legal custodian, or attorney-in-fact and who is temporarily supervising the child at the request of the parent, guardian, legal custodian, or attorney-in-fact.
19-9-145. (a) Except as may be permitted by the federal No Child Left Behind Act (P.L. 107110), a parent, guardian, or legal custodian executing the power of attorney for the care and custody of a child shall swear or affirm under penalty of law that such action is not being taken for the purpose of enrolling the child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with state law and may require, in addition to any other remedies, repayment by such parent, guardian, or legal custodian of all costs incurred by the school as a result of the violation. (b) A parent, guardian, or legal custodian shall not execute a power of attorney for the care and custody of a child for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the Department of Human Services and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the parent, guardian, or legal custodian, the child, or another child of the parent. (c) The power of attorney for the care and custody of a child shall be signed and acknowledged before a notary public by the parent, guardian, or legal custodian executing the power of attorney.
19-9-146. (a) The parent, guardian, or legal custodian of a child shall have the authority to revoke or withdraw the power of attorney authorized by Code Section 19-9-142 at any time. If a parent, guardian, or legal custodian withdraws or revokes the power of attorney, the child shall be returned to the custody of the parent, guardian, or legal custodian as soon as reasonably possible. (b) Unless the authority is revoked or withdrawn by the parent, guardian, or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous
TUESDAY, MARCH 22, 2016
3533
basis without compensation for the duration of the power of attorney authorized in such power of attorney so long as it does not exceed the length of time authorized in Code Sections 19-9-142 and 19-9-149 and shall not be subject to any provision concerning the licensing or regulation of foster care homes.
19-9-147. The execution of a power of attorney by a parent, guardian, or legal custodian, as authorized by this article, shall not constitute abandonment under Code Section 19-10-1 nor be reportable as child abuse or neglect under Code Section 19-7-5 unless the parent, guardian, or legal custodian fails to take custody of the child or execute a new power of attorney after the expiration of the power of attorney.
19-9-148. (a) A child subject to the power of attorney authorized by this article shall not be considered placed in foster care as defined in any other provision of law, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children. (b) An attorney-in-fact who has been delegated caregiving authority under this article shall not be subject to the requirements of any other child care facility or foster care licensing provisions, and such delegation shall not constitute an out-of-home child placement.
19-9-149. A parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty, may delegate caregiving authority for a period longer than one year if such parent is on active duty service. Such term of delegation, however, shall not exceed the term of active duty service plus 30 days.
19-9-150. (a) The statutory power of attorney contained in this Code section may be used for the temporary delegation of parental caregiving authority to an attorney-in-fact. This power of attorney is not intended to be exclusive. No provision of this article shall be construed to bar use by a parent, guardian, or legal custodian of any other or different form of power of attorney for the care and custody of a child that substantially complies with this article. (b) A power of attorney shall be legally sufficient under this Code section if the wording of the form complies substantially with the provisions of this Code section, the form is properly completed, and the signatures of the parties are acknowledged.
3534
JOURNAL OF THE HOUSE
(c) The power of attorney for the care and custody of a child shall be in substantially the following form:
'Statutory Form for Power of Attorney to Delegate Parental, Guardian, or Legal Custodian Power and Authority
1. I certify that I am the parent, guardian, or legal custodian of:
_________________________________________________
(Full name of child)
(Date of birth)
2. I designate _______________________________ (full name of attorney-in-fact), ____________________________________________________________________ (street address, city, state, and ZIP Code of attorney-in-fact) ____________________________________________________________________, (home and work phone numbers of attorney-in-fact) as the attorney-in-fact of the child named above.
3. I delegate to the attorney-in-fact all my power and authority regarding the care and custody the child named above, including but not limited to the right to enroll the child in school, inspect and obtain copies of education records and other records concerning the child, attend school activities and other functions concerning the child, and give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
OR
4. I delegate to the attorney-in-fact the following specific powers and responsibilities (write in): ____________________________________________________________________ In the event section 4 is completed, section 3 does not apply.
This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
5. This power of attorney is effective for a period not to exceed one year, beginning _____________, 20___, and ending _____________, 20___. I reserve the right to revoke this power and authority at any time.
OR
TUESDAY, MARCH 22, 2016
3535
6. I am a serving parent as defined by Code Section 19-9-149 of the Official Code of Georgia Annotated. My active duty service is scheduled to begin on _____________, 20___, and is estimated to end on _____________, 20___. I acknowledge that in no event shall this delegation of power and authority last more than one year or the term of my active duty plus 30 days, whichever is longer. I reserve the right to revoke this power and authority at any time.
7. Except as may be permitted by the federal No Child Left Behind Act (P.L. 107110), I hereby swear or affirm under penalty of law that this power of attorney is not being executed for the purpose of enrolling a child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose.
By: ______________________________________________ (Parent, guardian, or legal custodian signature)
8. I hereby accept my designation as attorney-in-fact for the child specified in this power of attorney and by doing so acknowledge my acceptance of the responsibility for caring for such child for the duration of this power of attorney. Furthermore, I hereby certify that I am not currently on the state sexual offender registry of this state or the sexual offender registration for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor have I ever been required to register for any such registry.
__________________________________________________ (Attorney-in-fact signature)
State of Georgia County of _______________________
ACKNOWLEDGMENT
Before me, the undersigned, a Notary Public, in and for said County and State on this _____ day of ____________, 20____, personally appeared ____________________ (name of parent, guardian, or legal custodian) and ______________________ (name of attorney-in-fact), to me known to be the identical persons who executed this instrument and acknowledged to me that each executed the same as his or her free and voluntary act and deed for the uses and purposes set forth in the instrument. Witness my hand and official seal the day and year above written.
__________________________________________________ (Notary public signature) (Seal)
3536
JOURNAL OF THE HOUSE
My commission expires: _____________________'"
PART II SECTION 2-1.
Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings, is amended by revising subsection (e) of Code Section 15-11135, relating to placement in eligible foster care, as follows:
"(e) In any case in which a child is taken into protective custody of DFCS, such child shall be placed together:
(1) DFCS shall give preference for placement to an adult who is a relative or fictive kin over a nonrelated caregiver, provided that the such relative or fictive kin has met all requirements for a DFCS relative or fictive kin placement and such placement is in the best interests of the child; and (2) Such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or document why such joint placement would be contrary to the safety or well-being of any of the siblings. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings."
SECTION 2-2. Said article is further amended by revising paragraph (3) of subsection (b) of Code Section 15-11-146, relating to preliminary protective hearing and findings, as follows:
"(3) On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child before the court in the temporary custody of DFCS pending the hearing on the dependency petition. DFCS shall prioritize temporary placement with an adult who is a relative or fictive kin, provided that such individual has met DFCS's requirements for relative placement and such temporary placement is in the best interests of such child."
SECTION 2-3. Said article is further amended by revising subparagraph (a)(2)(A) of Code Section 1511-212, relating to disposition of a dependent child, as follows:
"(A) Any individual, including a biological parent, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for such child, provided that priority for placement is given to an adult who is a relative or fictive kin;"
TUESDAY, MARCH 22, 2016
3537
SECTION 2-4. Article 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, is amended by revising subsection (a) of Code Section 1511-321, relating to custody of child following termination proceedings or surrender of parental rights, as follows:
"(a) When a court enters an order terminating the parental rights of a parent or accepts a parent's voluntary surrender of parental rights, or a petition for termination of parental rights is withdrawn because a parent has executed an act of surrender in favor of the department, a placement may be made only if the court finds that such placement is in the best interests of the child and in accordance with such child's court approved permanency plan created pursuant to Code Sections 15-11-231 and 15-11-232. In determining which placement is in a child's best interests, the court shall initially attempt to place the child with an adult who is a relative or fictive kin, if such individual is willing and found by the court to be qualified to receive and care for such child. In determining which placement is in a child's best interests, the court shall enter findings of fact reflecting its consideration of the following:
(1) Such child's need for a placement that offers the greatest degree of legal permanence and security; (2) The least disruptive placement for such child; (3) Such child's sense of attachment and need for continuity of relationships; (4) The value of biological and familial connections; and (5) Any other factors the court deems relevant to its determination."
PART III SECTION 3-1.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Efstration of the 104th offers the following amendment:
Amend the Senate substitute to HB 887 (LC 37 2191ERS) by replacing lines 1 through 298 with the following: To provide for the placement of children under certain circumstances; to amend Articles 3 and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings and termination of parental rights, respectively, so as to prioritize the placement of a child with an adult who is a relative or fictive kin when such individual is qualified to care for such child and it is in the best interests of the child; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the creation, authorization, procedure, revocation, recision, and termination of a power of attorney from a parent, guardian, or legal custodian of a child to a kinship caregiver for the temporary delegation of certain power and authority for the
3538
JOURNAL OF THE HOUSE
care and custody of a child; to provide a short title; to provide for and correct a definition; to provide for procedure; to provide for legislative findings; 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.
Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings, is amended by revising subsection (e) of Code Section 15-11135, relating to placement in eligible foster care, as follows:
"(e) In any case in which a child is taken into protective custody of DFCS, such child shall be placed together:
(1) DFCS shall give preference for placement to an adult who is a relative or fictive kin over a nonrelated caregiver, provided that the such relative or fictive kin has met all requirements for a DFCS relative or fictive kin placement and such placement is in the best interests of the child; and (2) Such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or document why such joint placement would be contrary to the safety or well-being of any of the siblings. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings."
SECTION 1-2. Said article is further amended by revising paragraph (3) of subsection (b) of Code Section 15-11-146, relating to preliminary protective hearing and findings, as follows:
"(3) On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child before the court in the temporary custody of DFCS pending the hearing on the dependency petition. DFCS shall prioritize temporary placement with an adult who is a relative or fictive kin, provided that such individual has met DFCS's requirements for relative placement and such temporary placement is in the best interests of such child."
SECTION 1-3. Said article is further amended by revising subparagraph (a)(2)(A) of Code Section 1511-212, relating to disposition of a dependent child, as follows:
"(A) Any individual, including a biological parent, who, after study by the probation officer or other person or agency designated by the court, is found by the
TUESDAY, MARCH 22, 2016
3539
court to be qualified to receive and care for such child, provided that priority for placement is given to an adult who is a relative or fictive kin;"
SECTION 1-4. Article 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, is amended by revising subsection (a) of Code Section 1511-321, relating to custody of child following termination proceedings or surrender of parental rights, as follows:
"(a) When a court enters an order terminating the parental rights of a parent or accepts a parent's voluntary surrender of parental rights, or a petition for termination of parental rights is withdrawn because a parent has executed an act of surrender in favor of the department, a placement may be made only if the court finds that such placement is in the best interests of the child and in accordance with such child's court approved permanency plan created pursuant to Code Sections 15-11-231 and 15-11-232. In determining which placement is in a child's best interests, the court shall initially attempt to place the child with an adult who is a relative or fictive kin, if such individual is willing and found by the court to be qualified to receive and care for such child. In determining which placement is in a child's best interests, the court shall enter findings of fact reflecting its consideration of the following:
(1) Such child's need for a placement that offers the greatest degree of legal permanence and security; (2) The least disruptive placement for such child; (3) Such child's sense of attachment and need for continuity of relationships; (4) The value of biological and familial connections; and (5) Any other factors the court deems relevant to its determination."
PART II SECTION 2-1.
The General Assembly finds that: (1) From time to time, parents experience short-term difficulties that impair their ability to perform the regular and expected functions to provide care and support to their children; (2) Parents need a means to confer to a relative or fictive kin the temporary authority to act on behalf of a child without the time and expense of a court proceeding or the involvement of the Division of Family and Children Services of the Department of Human Services; and (3) Providing a statutory mechanism for granting such authority enhances family preservation and stability.
3540
JOURNAL OF THE HOUSE
SECTION 2-2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new article to Chapter 9, relating to child custody proceedings, to read as follows:
"ARTICLE 5
19-9-140. This article shall be known and may be cited as the 'Supporting and Strengthening Families Act.'
19-9-141. As used in this article, the term:
(1) 'Child' means an unemancipated individual who is under 18 years of age. (2) 'Fictive kin' shall have the same meaning as provided in Code Section 15-11-2. (3) 'Guardian' means an individual appointed pursuant to a court order establishing a permanent guardianship for a child. (4) 'Kinship caregiver' means a grandparent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child or a fictive kin who resides in this state. (5) 'Legal custodian' shall have the same meaning as provided in Code Section 15-112. (6) 'Parent' shall have the same meaning as provided in Code Section 19-3-37.
19-9-142. (a) A parent, guardian, or legal custodian of a child may delegate caregiving authority regarding such child to a kinship caregiver for a period not to exceed one year, except as provided in Code Section 19-9-150, by executing a power of attorney that substantially complies with this article. A parent, guardian, or legal custodian of a child may delegate to an agent in such power of attorney any power and authority regarding the care and custody of such child, except the power to consent to the marriage or adoption of such child, the performance or inducement of an abortion on or for such child, or the termination of parental rights to such child. Such power and authority may be delegated without the approval of a court, provided that such delegation of power and authority shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order, including a standing order, or deprive a parent, guardian, or legal custodian of a child of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of such child. Such delegation of power and authority shall not deprive or limit any support for a child that should be received by such child pursuant to a court order or for any other reason. When support is being collected for the child by the Child Support Enforcement Agency of the Department of Human Services, such agency shall be authorized to redirect support payments to the agent until such time as the child returns
TUESDAY, MARCH 22, 2016
3541
to the individual executing a power of attorney under this article. No power of attorney shall be executed during the pendency of a divorce or custody action. (b) Except as limited by federal law, this article, or the direction of a parent, guardian, or legal custodian of a child as expressed in the power of attorney, an agent shall have the same rights, duties, and responsibilities that would otherwise be exercised by such parent, guardian, or legal custodian of a child pursuant to the laws of this state. (c) An agent shall acknowledge in writing his or her acceptance of the responsibility for caring for a child for the duration of the power of attorney. An agent shall certify that he or she is not currently on the state sexual offender registry of this state or the sexual offender registry for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor has he or she ever been required to register for any such registry. Such certification shall include a criminal background check if requested by the individual executing the power of attorney. (d) The agent under a power of attorney shall act in the best interests of the child. Such agent shall not be liable to the individual executing the power of attorney for consenting or refusing to consent to medical, dental, or mental health care for a child when such decision is made in good faith and is exercised in the best interests of the child.
(e)(1) The agent under a power of attorney shall have the right to enroll the child in a public school serving the area where the agent resides and may enroll the child in a private school, pre-kindergarten program, or home study program. (2) A public school shall allow such agent with a power of attorney executed under this article to enroll a child. (3) At the time of enrollment, the agent shall provide to such public school such residency documentation as is customary in that school system. (4) A public school shall not unreasonably deny enrollment of a child. If a public school denies enrollment of a child by an agent, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school system, including all of the remedies otherwise available when enrollment is denied to a child.
19-9-143. (a) At least 30 days prior to executing a power of attorney under this article:
(1) An individual with sole custody of a child who intends to execute such power of attorney shall provide written notice of such intention to the noncustodial parent by certified mail or statutory overnight delivery, return receipt requested. Such notice shall constitute a change in material conditions or circumstances for the purpose of a child custody modification proceeding; and (2) An individual who is a guardian or legal custodian of a child who intends to execute such power of attorney shall provide written notice to the child's parents by certified mail or statutory overnight delivery, return receipt requested. (b) An individual receiving the notice set forth in subsection (a) of this Code section may object to the execution of such power of attorney within 21 days of the delivery of such notice and shall serve his or her objection on the individual intending to execute such power of attorney by certified mail or statutory overnight delivery, return receipt
3542
JOURNAL OF THE HOUSE
requested. An objection shall prohibit the execution of a power of attorney under this article. (c) In addition to the notice provided in subsection (a) of this Code section, a parent with sole custody of a child who executes a power of attorney under this article shall comply with any applicable relocation notice requirements under subsection (f) of Code Section 19-9-3.
19-9-144. Nothing in this article shall preclude a parent, guardian, legal custodian, or agent from granting temporary written permission to seek emergency medical treatment or other services for a child while such child is in the custody of an adult who is not the parent, guardian, legal custodian, or agent and who is temporarily supervising the child at the request of such parent, guardian, legal custodian, or agent.
19-9-145. (a) Except as may be permitted by the federal Every Student Succeeds Act (P.L. 11495), an individual executing a power of attorney under this article shall swear or affirm under penalty of law that such action is not being taken for the purpose of enrolling the child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with state law and may require, in addition to any other remedies, repayment by such parent, guardian, or legal custodian of all costs incurred by the school as a result of the violation. (b) An individual shall not execute a power of attorney under this article for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the Department of Human Services and shall not execute such power of attorney so long as the Division of Family and Children Services of the Department of Human Services has an open child welfare and youth services case with regard to the parent, guardian, or legal custodian, the child, or another child of the parent.
19-9-146. A power of attorney executed under this article shall be signed and acknowledged before a notary public by the parent, guardian, or legal custodian executing such power of attorney and by the agent accepting such delegation.
19-9-147. (a)(1) An agent shall have the authority to act on behalf of the minor child on a continuous basis, without compensation, and shall not be subject to any provision concerning the licensing or regulation of foster care homes for the duration of the power of attorney so long as the duration does not exceed the length of time authorized in Code Sections 19-9-142 and 19-9-150 or until the individual who
TUESDAY, MARCH 22, 2016
3543
executed the power of attorney revokes the power of attorney in writing and provides notice of the revocation to the agent as provided in this Code section. (2) An agent shall have the authority to act on behalf of the child until a copy of the revocation of the power of attorney is received by certified mail or statutory overnight delivery, return receipt requested, and upon receipt of the revocation, the agent shall cease to act as agent. (3) The individual revoking the power of attorney shall send a copy of the revocation of the power of attorney to the agent within five days of the execution of the revocation by certified mail or statutory overnight delivery, return receipt requested. If an individual revokes the power of attorney, the child shall be returned to the custody of the individual who granted the power of attorney as soon as reasonably possible. (4) The revoking individual shall notify the school, health care providers, and others known to the revoking individual to have relied upon such power of attorney. (b) The power of attorney executed under this article may also be terminated by any order of a court of competent jurisdiction. (c) The agent shall notify the school, health care providers, and others known to the agent to have relied upon such power of attorney. (d) An agent may resign by notifying the individual who appointed the agent in writing by certified mail or statutory overnight delivery, return receipt requested. (e) Upon the death of the authorizing individual, the agent shall notify the parents of the child, if possible, as soon as practicable. (f) The authority to designate an agent to act on behalf of a minor child is in addition to any other lawful action an individual may take for the benefit of such minor child. (g) A parent shall continue to have the right to medical, dental, mental health, and school records pertaining to the minor child, even when a power of attorney has been executed under this article.
19-9-148. The execution of a power of attorney under this article shall not constitute abandonment under Code Section 19-10-1 nor be reportable as child abuse or neglect under Code Section 19-7-5 unless the individual who executed such power of attorney fails to take custody of the child or execute a new power of attorney under this article after the expiration or revocation of the power of attorney.
19-9-149. (a) A child subject to a power of attorney executed under this article shall not be considered placed in foster care under Chapter 5 of Title 49, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children. (b) An agent who has been delegated caregiving authority under this article shall not be subject to the requirements of any other child care facility or foster care licensing provisions, and such delegation shall not constitute an out-of-home child placement.
3544
JOURNAL OF THE HOUSE
(c) This article shall not be construed to exempt a person from the requirements of Chapter 5 of Title 49 regarding the licensing and inspection of child welfare agencies if such person fails to have evidence of a power of attorney executed under this article.
19-9-150. Except as limited by or in conflict with federal law regarding the armed forces of the United States, a parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty, may delegate caregiving authority for a period longer than one year if such parent is deployed as defined in Code Section 19-96. Such term of delegation, however, shall not exceed the term of deployment plus 30 days.
19-9-151. (a) The power of attorney contained in this Code section may be used for the temporary delegation of caregiving authority to an agent. The form contained in this Code section shall be sufficient for the purpose of creating a power of attorney under this article, provided that nothing in this Code section shall be construed to require the use of this particular form. (b) A power of attorney shall be legally sufficient if the form is properly completed and the signatures of the parties are notarized. (c) The power of attorney delegating caregiving authority of a child shall be in substantially the following form:
'FORM FOR POWER OF ATTORNEY TO DELEGATE PARENTAL, GUARDIAN, OR LEGAL CUSTODIAN POWER AND AUTHORITY FOR THE CARE OF A MINOR CHILD
NOTICE: (1) THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE INDIVIDUAL WHO YOU DESIGNATE (THE AGENT) POWERS TO CARE FOR YOUR MINOR CHILD, INCLUDING THE POWER TO: ENROLL THE CHILD IN SCHOOL AND IN EXTRACURRICULAR SCHOOL ACTIVITIES; HAVE ACCESS TO SCHOOL RECORDS AND DISCLOSE THE CONTENTS TO OTHERS; ARRANGE FOR AND CONSENT TO MEDICAL, DENTAL, AND MENTAL HEALTH TREATMENT FOR THE CHILD; HAVE ACCESS TO RECORDS RELATED TO SUCH TREATMENT OF THE CHILD AND DISCLOSE THE CONTENTS OF THOSE RECORDS TO OTHERS; PROVIDE FOR THE CHILD'S FOOD, LODGING, RECREATION, AND TRAVEL; AND
TUESDAY, MARCH 22, 2016
3545
HAVE ANY ADDITIONAL POWERS AS SPECIFIED BY THE INDIVIDUAL EXECUTING THIS POWER OF ATTORNEY. (2) THE AGENT IS REQUIRED TO EXERCISE DUE CARE TO ACT IN THE CHILD'S BEST INTERESTS AND IN ACCORDANCE WITH THE GRANT OF AUTHORITY SPECIFIED IN THIS FORM. (3) A COURT OF COMPETENT JURISDICTION MAY REVOKE THE POWERS OF THE AGENT IF IT FINDS THAT THE AGENT IS NOT ACTING PROPERLY. (4) THE AGENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD FOR THE PERIOD SET FORTH IN THIS FORM UNLESS THE PARENT REVOKES THIS POWER OF ATTORNEY AND PROVIDES NOTICE OF THE REVOCATION TO THE AGENT OR UNTIL A COURT OF COMPETENT JURISDICTION TERMINATES THIS POWER OF ATTORNEY. (5) THE AGENT MAY RESIGN AS AGENT AND MUST IMMEDIATELY COMMUNICATE SUCH RESIGNATION TO THE INDIVIDUAL EXECUTING THIS POWER OF ATTORNEY. (6) THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING. IF THIS POWER OF ATTORNEY IS REVOKED, THE REVOKING INDIVIDUAL SHALL NOTIFY THE AGENT, SCHOOL, HEALTH CARE PROVIDERS, AND OTHERS KNOWN TO THE INDIVIDUAL EXECUTING THIS POWER OF ATTORNEY TO HAVE RELIED UPON SUCH POWER OF ATTORNEY. (7) IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD made this ______ day of _________________, 20____.
1. I certify that I am the parent, guardian, or legal custodian of:
____________________________________________________
(Full name of child)
(Date of birth)
2. I designate _______________________________________, (Full name of agent)
____________________________________________________ (Street address, city, state, and ZIP Code of agent)
____________________________________________________, (Home and work phone numbers of agent)
as the agent of the child named above.
3. Sign by the statement you wish to choose (you may only choose one):
3546
JOURNAL OF THE HOUSE
(A) ___________________________ (Signature) I delegate to the agent all my power and authority regarding the care and custody of the child named above, including but not limited to the right to enroll the child in school, inspect and obtain copies of education records and other records concerning the child, attend school activities and other functions concerning the child, and give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
OR
(B) ___________________________ (Signature) I delegate to the agent the following specific powers and responsibilities (write in): ___________________________________________________________________ _
This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
4. Initial by the statement you wish to choose (you may only choose one) and complete the information in the paragraph:
(A) ________ (Initials) This power of attorney is effective for a period not to exceed one year, beginning _____________, 20___, and ending _____________, 20___. I reserve the right to revoke this power and authority at any time.
OR
(B) ________ (Initials) I am a parent as described in O.C.G.A. 19-9-150. My deployment is scheduled to begin on _____________, 20___, and is estimated to end on _____________, 20___. I acknowledge that in no event shall this delegation of power and authority last more than one year or the term of my deployment plus 30 days, whichever is longer. I reserve the right to revoke this power and authority at any time.
5. Except as may be permitted by the federal Every Student Succeeds Act (P.L. 11495), I hereby swear or affirm under penalty of law that this power of attorney is not being executed for the purpose of enrolling a child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose.
TUESDAY, MARCH 22, 2016
3547
6. I hereby swear or affirm under penalty of law that I provided the notice required by O.C.G.A. 19-9-143 and received no objection in the required time period.
By: _______________________________________ (Parent, guardian, or legal custodian signature)
__________________________________________ (Relationship to child)
__________________________________________ (Printed name)
7. I hereby accept my designation as agent for the child specified in this power of attorney and by doing so acknowledge my acceptance of the responsibility for caring for such child for the duration of this power of attorney. Furthermore, I hereby certify that:
(A) I am not currently on the state sexual offender registry of this state or the sexual offender registry for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor have I ever been required to register for any such registry; (B) I have provided a criminal background check to the individual designating me as an agent, if it was requested; (C) I understand that I have the authority to act on behalf of the minor child for the period set forth in this form or until the power of attorney is revoked in writing and notice is provided to me as provided in O.C.G.A. 19-9-147; (D) I understand that if I am made aware of the death of the individual who executed the power of attorney, I must notify the parent of the child, if known, as soon as practicable; and (E) I may resign as agent by notifying the individual who executed the power of attorney in writing by certified mail or statutory overnight delivery, return receipt requested.
_____________________________ (Agent signature)
_____________________________ (Printed name)
State of Georgia County of ____________________
ACKNOWLEDGMENT
Before me, the undersigned, a Notary Public, in and for said County and State on this _____ day of ____________, 20____, personally appeared ____________________
3548
JOURNAL OF THE HOUSE
(name of parent, guardian, or legal custodian) and ______________________ (name of agent), to me known to be the identical persons who executed this instrument and acknowledged to me that each executed the same as his or her free and voluntary act and deed for the uses and purposes set forth in the instrument. Witness my hand and official seal the day and year above written.
_____________________________ (Notary Public signature) (Seal) My commission expires: _________'"
PART III SECTION 3-1.
Said title is further amended by revising subparagraph (a)(2)(B) of Code Section 19-3-37, relating to parental consent to marriage of underage applicants, as follows:
"(B) The parent individual who has legal sole custody if the parents are divorced, separated, or widowed; or"
PART IV SECTION 4-1.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison N Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant N Buckner
E Cooke N Coomer Y Cooper Y Corbett Y Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson N Dickey Y Dickson N Dollar Y Douglas N Drenner N Dudgeon Y Dukes N Dunahoo Y Duncan Y Ealum Y Efstration N Ehrhart Y England
Y Harden Y Harrell
Hatchett N Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan N Kaiser N Kelley
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake N Petrea Y Pezold N Pirkle Y Powell, A Y Powell, J N Price Y Prince N Pruett Y Quick Y Raffensperger
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
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 E Taylor, T Y Teasley Y Thomas, A.M. N Thomas, E N Trammell
TUESDAY, MARCH 22, 2016
3549
Y Burns N Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H N Clark, V Y Coleman
Y Epps N Evans Y Fleming E Floyd Y Fludd
Frazier Y Frye
Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kendrick N Kidd Y Kirby N Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes
Rice N Rogers, C
Rogers, T Y Rutledge N Rynders Y Scott N Setzler Y Sharper Y Shaw N 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the amendment, the ayes were 125, nays 36.
The amendment was adopted.
Representative Efstration of the 104th moved that the House agree to the Senate substitute, as amended by the House, to HB 887.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison N Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton N Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant N Buckner Y Burns N Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A
E Cooke N Coomer Y Cooper Y Corbett Y Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson N Dickey Y Dickson N Dollar Y Douglas N Drenner N Dudgeon Y Dukes N Dunahoo Y Duncan N Ealum Y Efstration N Ehrhart Y England Y Epps N Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye
Y Harden Y Harrell
Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L N Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd Y Kirby N Knight Y LaRiccia N Lott Y Lumsden
Y Metze N Mitchell N Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake N Petrea Y Pezold N Pirkle Y Powell, A N Powell, J N Price Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes
Rice N Rogers, C
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. N Thomas, E N Trammell Y Turner Y Waites Y Watson N Welch N Weldon Y Werkheiser Y Wilkerson
3550
JOURNAL OF THE HOUSE
Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H N Clark, V Y Coleman
Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Rogers, T Y Rutledge N Rynders N Scott N Setzler Y Sharper Y Shaw N Sims
Y Wilkinson N Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 122, nays 44.
The motion prevailed.
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 348. By Senators Tippins of the 37th, Cowsert of the 46th, Wilkinson of the 50th, Williams of the 27th and Sims of the 12th:
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 college and career academies as charter schools or as schools within a strategic waivers school system or charter system; to provide for 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 E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick
E Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh E Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo
Duncan
Y Harden Harrell
Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
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 E Taylor, T
TUESDAY, MARCH 22, 2016
3551
Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas
Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw E 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
Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 332. By Senators Kennedy of the 18th, VanNess of the 43rd, Dugan of the 30th, Cowsert of the 46th, Walker III of the 20th and others:
A BILL to be entitled an Act to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, so as to clarify the judges and Justices who are exempt from various weapons carry laws and prohibitions; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the issuance of personal identification cards to certain judges and Justices of the federal and state judiciary who are exempt from various weapons carry laws and prohibitions; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, so as to clarify the judges and Justices who are exempt from various weapons carry laws and prohibitions; to
3552
JOURNAL OF THE HOUSE
amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the issuance of personal identification cards to certain judges and Justices of the federal and state judiciary who are exempt from various weapons carry laws and prohibitions; to provide for duties of the judges of the probate court and The Council of Probate Court Judges of Georgia with regard to such personal identification cards; to provide for rules and regulations; to provide for 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. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, is amended by revising paragraphs (12), (12.1), and (12.2) of subsection (a) as follows:
"(12) State and federal judges, judges of Federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of superior, state, probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent parttime judges of municipal and city courts, and administrative law judges; (12.1) Former state and federal judges, judges of federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of superior, state, probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of municipal courts, and administrative law judges who are retired from their respective offices, provided that such judge or Justice would otherwise be qualified to be issued a weapons carry license; (12.2) Former state and federal judges, judges of federal judges, Justices of the Supreme Court, Judges of the Court of Appeals, judges of superior, state, probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of municipal courts, and administrative law judges who are no longer serving in their respective office, provided that he or she served as such judge or Justice for more than 24 months; and provided, further, that such judge or Justice would otherwise be qualified to be issued a weapons carry license;"
SECTION 2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new paragraph to subsection (k) of Code Section 15-9-60, relating to fees, to read as follows:
"(13.1) For issuance of personal identification cards to judges or Justices
The fee shall be determined by The Council of Probate Court Judges of Georgia pursuant to Code Section 15-25-3."
SECTION 3. Said title is further amended by adding a new chapter to read as follows:
TUESDAY, MARCH 22, 2016
3553
"CHAPTER 25
15-25-1. Nothing in this chapter shall be construed to grant any additional privileges under the law, including, but not limited to, for the carrying of firearms. The issuance of a personal identification card under this chapter shall be construed as a representation of rights and privileges which exist elsewhere in the law.
15-25-2. (a)(1) The judge of the probate court of each county shall issue personal identification cards to each judge or Justice as provided for under paragraphs (12), (12.1), and (12.2) of subsection (a) of Code Section 16-11-130 who makes application to the judge of the probate court in the county of his or her domicile in accordance with rules and regulations prescribed by The Council of Probate Court Judges of Georgia; provided, however, that it shall be permissible for a person elected or appointed as such judge or Justice to make application to the judge of the probate court upon his or her election or appointment but prior to his or her taking an oath for the issuance of such personal identification card upon taking oath; and provided, further, that a judge of the probate court shall make application to the judge of the probate court of a neighboring county of his or her domicile for the issuance of a personal identification card to himself or herself. The Council of Probate Court Judges of Georgia may work with judicial offices of the federal courts, the clerk of the Supreme Court, the clerk of the Court of Appeals, and the various other councils of court judges as provided for under this title to facilitate the submission of applications or the surrender of personal identification cards under this chapter. (2) When a judge or Justice is required to otherwise be qualified to be issued a weapons carry license for the exemptions of Code Section 16-11-130 to apply to such judge or Justice, the judge of the probate court shall verify such qualifications of such judge or Justice and shall base his or her verification of qualifications on a fingerprint based criminal history records check from the Georgia Crime Information Center and the Federal Bureau of Investigation and other information ordinarily required of applicants for a weapons carry license. (b)(1) Every personal identification card issued under this chapter shall incorporate overt and covert security features which shall be blended with the personal data printed on such identification card to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of such identification card, incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The personal identification card shall have a color photograph viewable under ambient light on both the front and back of such identification card. Such identification card shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of such identification card, incorporating
3554
JOURNAL OF THE HOUSE
microtext and unique alphanumeric serialization specific to the cardholder. Such identification card shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect such identification card for the duration of the personal identification card period. (2) Every personal identification card issued under this chapter shall include the following information of the judge or Justice identified on the front of such identification card:
(A) A recent photograph; (B) Full legal name; (C) Address of residence; (D) Birth date; (E) Date such identification card was issued; (F) Sex; (G) Height; (H) Weight; (I) Eye color; (J) His or her signature or facsimile thereof; and (K) The term 'FEDERAL COURT JUDGE', 'FORMER FEDERAL COURT JUDGE', 'SUPREME COURT JUSTICE', 'FORMER SUPREME COURT JUSTICE', 'COURT OF APPEALS JUDGE', 'FORMER COURT OF APPEALS JUDGE', 'SUPERIOR COURT JUDGE', 'FORMER SUPERIOR COURT JUDGE', 'STATE COURT JUDGE', 'FORMER STATE COURT JUDGE', 'PROBATE COURT JUDGE', 'FORMER PROBATE COURT JUDGE', 'JUVENILE COURT JUDGE', 'FORMER JUVENILE COURT JUDGE', 'MAGISTRATE COURT JUDGE', 'FORMER MAGISTRATE COURT JUDGE', 'MUNICIPAL COURT JUDGE', 'FORMER MUNICIPAL COURT JUDGE', 'CITY COURT JUDGE', 'FORMER CITY COURT JUDGE', 'ADMINISTRATIVE LAW JUDGE', or 'FORMER ADMINISTRATIVE LAW JUDGE', or a coherent abbreviation of such terms, respectively, as the case may be, in distinctive, bold font. The back of such identification card shall include the following: 'Pursuant to O.C.G.A. Section 16-11-130, the provisions of Code Sections 16-11-126 through 1611-127.2 pertaining to carrying a weapon and weapons offenses DO NOT apply to or affect the judge or Justice whose name, photograph, and signature appear upon the face of this card.' (3) Every personal identification card issued under this chapter shall bear the signatures of the Chief Justice of the Supreme Court and the Governor and shall bear an identification card number. (4) Using the physical characteristics of the license set forth in paragraphs (1) through (3) of this subsection, The Council of Probate Court Judges of Georgia shall design, create specifications for, produce, and issue personal identification cards as provided for under this chapter. (c) Every personal identification card issued under this chapter shall be valid for a period of four years and shall be renewable for as long as such person meets the
TUESDAY, MARCH 22, 2016
3555
qualifications of paragraph (12), (12.1), or (12.2) of subsection (a) of Code Section 1611-130; provided, however, that upon such person becoming a former judge or Justice, he or she shall surrender the personal identification card that designates him or her as a judge or Justice and may submit an application for a personal identification card which shall reflect his or her status as a former judge or Justice. (d) The Council of Probate Court Judges of Georgia shall require appropriate documentation from judges or Justices, and provide for any further design of the personal identification card under this chapter, such that, to the extent practicable while meeting requirements under this chapter, such personal identification card may meet the requirements of acceptable identification by the Transportation Security Administration of the United States Department of Homeland Security.
15-25-3. (a) The judge of the probate court shall collect a fee as determined by The Council of Probate Court Judges of Georgia for any issuance of a personal identification card under this chapter; provided, however, that such fee shall not be less than the cost of producing such personal identification cards.
(b)(1) Every personal identification card issued under this chapter shall be renewed on or before its expiration upon application and payment of the required fee as provided for under subsection (a) of this Code section. (2) Any replacement of a personal identification card issued under this chapter for any purpose, including, but not limited to, loss or change of the cardholder's name or address, shall be subject to the payment of the required fee as provided for under subsection (a) of this Code section; provided, however, that such replacement of a personal identification card shall be valid only for the remaining period for which the personal identification card being replaced was originally issued."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton
E Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh E Dempsey Y Dickerson Y Dickey
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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
3556
JOURNAL OF THE HOUSE
Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
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
Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 270. By Senators Martin of the 9th, Hill of the 32nd, Harper of the 7th, Unterman of the 45th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize persons who are qualified retired law enforcement officers to carry a handgun anywhere within this 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 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 revise
TUESDAY, MARCH 22, 2016
3557
provisions relating to transmitting a false public alarm; to provide a definition; to revise penalty provisions; 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 permit certain new residents to carry a weapon in this state for a limited time without a weapons carry license; to provide an exception for a license holder carrying in a place of worship; to allow the judge of the probate court to provide for printed information on gun safety; to provide for the maintenance of gun safety information on the website of the Department of Natural Resources; to clarify that certain active and retired law enforcement officers shall be authorized to carry a handgun on or off duty anywhere within this state; to authorize certain retired law enforcement officers to carry a handgun anywhere within this state; to clarify the meaning of commercial service airport relative to the carrying of a weapon or long gun; 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 of firearm instructors; 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 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by revising Code Section 16-10-28, relating to transmitting a false public alarm and restitution, as follows:
"16-10-28. (a) As used in this Code section, the term:
(1) 'Critical infrastructure' means any building, place of assembly, or facility that is located in this state and necessary for national or public security, education, or public safety. (2) 'Destructive device' means a destructive device as such term is defined by Code Section 16-7-80. (2)(3) 'Hazardous substance' means a hazardous substance as such term is defined by Code Section 12-8-92. (b) A person who transmits in any manner a false alarm to the effect that a destructive device or hazardous substance of any nature is concealed in such place that its explosion, detonation, or release would endanger human life or cause injury or damage to property, knowing at the time that there is no reasonable ground for believing that such a destructive device or hazardous substance is concealed in such place, commits the offense of transmitting a false public alarm and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $1,000.00, or both. A person commits the offense of transmitting a false public alarm when he or she knowingly and intentionally transmits in any manner a report or warning knowing at the time of the transmission that there is no reasonable ground for believing such report or warning and when the report or warning relates to:
3558
JOURNAL OF THE HOUSE
(1) A destructive device or hazardous substance is located in such a place that its explosion, detonation, or release would endanger human life or cause injury or damage to property; or (2) An individual who has caused or threatened to cause physical harm to himself or herself or another individual by using a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to result in serious bodily injury. (c)(1) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (b) of this Code section shall be punished as for a misdemeanor of a high and aggravated nature and upon conviction for a second or subsequent violation of subsection (b) of this Code section shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years, by a fine of not less than $5,000.00, or both. (2) If the location of the violation of paragraph (1) of subsection (b) of this Code section is critical infrastructure, such person shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than five nor more than ten years, a fine of not more than $100,000.00, or both. (c)(d) In addition to any other penalty imposed by law for a violation of this Code section, the court may require the defendant to make restitution to any affected public or private entity for the reasonable costs or damages associated with the offense including, without limitation, the actual value of any goods, services, or income lost as a result of such violation. Restitution made pursuant to this subsection shall not preclude any party from obtaining any other civil or criminal remedy available under any other provision of law. The restitution authorized by this subsection is supplemental and not exclusive."
SECTION 2. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by revising subsections (e) and (f) of Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons, license requirement, exceptions for homes, motor vehicles, private property, and other locations and conditions, as follows:
"(e)(1) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state. (2) Any person who is not a weapons carry license holder in this state and who is licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state for 90 days after he or she becomes a resident of this state; provided, however, that such person shall carry the weapon in compliance with the laws of this state, shall as soon as practicable submit a weapons carry license
TUESDAY, MARCH 22, 2016
3559
application as provided for under Code Section 16-11-129, and shall remain licensed in such other state for the duration of time that he or she is a resident of this state but not a weapons carry license holder in this state. (f)(1) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun weapon or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting. (2) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is otherwise engaged in legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by this state may have or carry on his or her person a knife without a valid weapons carry license while engaging in such hunting, fishing, or sport shooting."
SECTION 3. Said part is further amended by revising paragraph (2) of subsection (e) of Code Section 16-11-127, relating to carrying weapons in unauthorized locations, as follows:
"(2) Any license holder who violates subsection (b) of this Code section in a place of worship shall not be arrested but shall be fined not more than $100.00; provided, however, that a license holder shall not be in violation of subsection (b) or (c) of this Code section if such license holder immediately leaves such place of worship while carrying a weapon or long gun upon personal notification by such place of worship that he or she is carrying a weapon or long gun in a place of worship which does not permit the carrying of a weapon or long gun. Any person who is not a license holder who violates subsection (b) of this Code section in a place of worship shall be punished as for a misdemeanor."
SECTION 4. Said part is further amended by adding a new subsection to Code Section 16-11-129, relating to weapons carry permit, temporary renewal permit, and terms, to read as follows:
"(a.1) Gun safety information. (1) Upon receipt of an application for a weapons carry license or renewal license, the judge of the probate court may provide applicants printed information on gun safety that is produced by any person or organization that, in the discretion of the judge of the probate court, offers practical advice for gun safety. The source of such printed information shall be prominently displayed on such printed information. (2) The Department of Natural Resources shall maintain on its principal, public website information, or a hyperlink to information, which provides resources for information on hunter education and classes and courses in this state that render instruction in gun safety. No person shall be required to take such classes or courses
3560
JOURNAL OF THE HOUSE
for purposes of this Code section where such information shall be provided solely for the convenience of the citizens of this state. (3) Neither the judge of the probate court nor the Department of Natural Resources shall be liable to any person for personal injuries or damage to property arising from conformance to this Code section."
SECTION 5. Said part is further amended by revising subsection (c) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, as follows:
"(c) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any: (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer; (2) Member of the Georgia State Patrol, or agent of the Georgia Bureau of Investigation, or retired member of the Georgia State Patrol, or retired agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that who is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that who formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that who was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that who is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that who was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee police officer is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good
TUESDAY, MARCH 22, 2016
3561
standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (5) Person who is a citizen of this state and:
(A) Has retired with at least ten years of aggregate service as a law enforcement officer with powers of arrest under the laws of any state of the United States or of the United States; (B) Separated from service in good standing, as determined by criteria established by the Georgia Peace Officer Standards and Training Council, from employment with his or her most recent law enforcement agency; and (C) Possesses on his or her person an identification card for retired law enforcement officers as issued by the Georgia Peace Officer Standards and Training Council; provided, however, that such person meets the standards for the issuance of such card as provided for by the council, including, but not limited to, maintenance of qualification in firearms training. In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, member of the Georgia State Patrol, retired member of the Georgia State Patrol, agent of the Georgia Bureau of Investigation, retired agent of the Georgia Bureau of Investigation, active or retired law enforcement chief executive, person who is a retired law enforcement officer as provided for in paragraph (5) of this subsection, or other law enforcement officer referred to in this subsection shall be authorized to carry a handgun on or off duty anywhere within the this state and the provisions of Code Sections 1611-126 through 16-11-127.2 shall not apply to the carrying of such firearms."
SECTION 6. Said part is further amended by adding a new subsection to Code Section 16-11-130.2, relating to carrying a weapon or long gun at a commercial service airport, to read as follows:
"(a.1) As used in this Code section, the term: (1) 'Commercial service airport' means an airport that receives scheduled passenger aircraft service from any major airline carrier. (2) 'Major airline carrier' means an airline that has more than $1 billion in annual operating revenue during a fiscal year."
SECTION 7. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section to read as follows:
"51-1-55. (a) As used in this Code section, the term:
(1) 'Dangerous weapon' shall have the same meaning as provided for under Code Section 16-11-121. (2) 'Firearm' means any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge and which is not a dangerous weapon.
3562
JOURNAL OF THE HOUSE
(b) Any instructor who lawfully instructs, educates, or trains a person in the safe, proper, or technical use of a firearm shall be immune from civil liability for any injuries caused by the failure of such person to use such firearm properly or lawfully."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Powell of the 32nd offers the following amendment:
Amend the House committee substitute to SB 270 (LC 41 0821S) by replacing lines 14 through 16 with the following: amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to authorize the chief of staff to the commissioner to issue warrants for the arrest of an offender who has escaped from the custody of the department; to provide for the retention of badges and weapons by certain employees of the State Board of Pardons and Paroles; to revise the application fee paid to the Department of Community Supervision or the State Board of Pardons and Paroles by nonindigent adult offenders when applying to transfer supervision to any other state or territory; 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 of firearm instructors; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
By inserting between lines 190 and 191 the following: Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising subsection (c) of Code Section 42-2-8, relating to additional duties of the commissioner of corrections, as follows:
"(c) The commissioner and any person designated and serving in the position of his or her chief of staff shall be authorized to issue a warrant for the arrest of an offender who has escaped from the custody of the department upon probable cause to believe the offender has violated Code Section 16-10-52, relating to escape from lawful confinement."
SECTION 8. Said title is further amended by revising Code Section 42-9-9, relating to board employees, 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.
TUESDAY, MARCH 22, 2016
3563
(b) An employee leaving the service of the board under honorable conditions who has accumulated 20 or more years of service with the board, or 20 or more years of combined service as a parole officer with the board, a probation officer or supervisor with the Department of Corrections, or a community supervision officer with the department, shall be entitled as part of such employee's compensation to retain his or her board issued weapon and badge.
(c)(1) As used in this subsection, the term 'disability' means a disability that prevents an individual from working as a parole officer. (2) When a parole officer leaves the employment of the board as a result of a disability arising in the line of duty, such parole officer shall be entitled as part of such parole officer's compensation to retain his or her weapon and badge in accordance with rules and regulations promulgated by the board. (d) A parole officer killed in the line of duty shall be entitled to have his or her board issued badge given to a surviving family member. (e) The board shall be authorized to promulgate rules and regulations for the implementation of this Code section."
SECTION 9. 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 and the State Board of Pardons and Paroles shall be authorized to require any nonindigent adult offender to pay a $25.00 $100.00 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."
SECTION 10. Section 7 of this Act shall become effective on July 1, 2016, and shall apply to offenses committed on or after such date. All other sections of this Act shall become effective upon its approval by the Governor or its becoming law without such approval.
SECTION 11.
By redesignating Section 8 as Section 12.
Representative Rogers of the 10th offers the following amendment:
Amend the House committee substitute to SB 270 (LC 41 0821S) by replacing line 1 with the following: 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 create an offense involving the fraudulent representation of military service or award received due to military service; to provide for definitions; to provide for penalties; to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated,
3564
JOURNAL OF THE HOUSE
By redesignating Sections 1 through 8 as Sections 2 through 9, respectively, and by inserting between lines 17 and 18 the following:
SECTION 1. Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to
fraud and related offenses, is amended by adding a new Code section to read as follows: "16-9-63.
(a) As used in this Code section, the term: (1) 'Armed forces of the United States' means the army, navy, air force, marine corps, or coast guard and the reserve components thereof and the uniformed components of the Public Health Service or the National Oceanic and Atmospheric Administration. (2) 'Military decoration' means: (A) A medal, decoration, badge, or ribbon authorized by law, executive order, or regulation to be awarded to a member of the armed forces of the United States by the President of the United States, Congress, the United States Department of Defense, or the United States Department of Homeland Security; (B) A medal, decoration, badge, or ribbon authorized by law, executive order, or regulation to be awarded to members of the organized militia; or (C) A rosette or metal lapel button depicting a medal, decoration, badge, or ribbon described in subparagraph (A) or (B) of this paragraph which is authorized by law, executive order, or regulation to be worn on civilian clothing. (3) 'Military medal award' shall have the same meaning as provided for under Code Section 40-2-85.1. (4) 'Military veteran' means a current, former, or retired member of the armed forces of the United States, the organized militia, or a state military force of another state. (5) 'Organized militia' means the Army National Guard, the Air National Guard, the Georgia Naval Militia, and the State Defense Force. (6) 'Tangible benefit' means: (A) A benefit, preference, service, or other thing of value offered to a military veteran which is enhanced or offered at a reduced rate or free of charge by an agency of this state, or any political subdivision or authority thereof, based on such military veteran's service or the award of a military decoration; (B) Employment or promotion in an individual's employment; or (C) Election to public office.
(b) It shall be unlawful for any individual, with the intent to secure a tangible benefit for himself or herself, to make a false, fictitious, or fraudulent statement or representation that such individual is a military veteran or recipient of a military decoration. (c) It shall be unlawful for any individual, with the intent to deceive, to appear in a court of this state while wearing:
(1) The uniform of the armed forces of the United States or of the organized militia of this state if such individual is not authorized to wear such uniform; or (2) Any military decoration which such individual has not, in fact, been awarded.
TUESDAY, MARCH 22, 2016
3565
(d) Any person who violates this Code section shall be guilty of a misdemeanor; provided, however, that if such violation involves a military medal award, such person shall be guilty of a misdemeanor of a high and aggravated nature. (e) Any violation of this Code section shall be considered a separate offense and shall not merge with any other offense. If an individual is convicted of a violation of Code Section 16-10-20 and this Code section arising out of the same incident, any penalty imposed for a violation of this Code section shall be served consecutively to any sentence that may be imposed for a violation of Code Section 16-10-20."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton Y Beskin N Beverly Y Blackmon
Broadrick Y Brockway N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H
E 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 N Dukes Y Dunahoo Y Duncan
Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming E Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Gilligan Y Glanton Y Golick N Gordon
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower
Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
Rynders N Scott Y Setzler Y Sharper
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer
Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D E 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 Y Wilkinson Y Willard N Williams, A Y Williams, C E Williams, E Y Williamson
3566
JOURNAL OF THE HOUSE
Y Clark, V Y Coleman
Y Gravley Y Greene
E McClain Y Meadows
Y Shaw E Sims
Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 114, nays 50.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
SB 320. By Senators Watson of the 1st, Harper of the 7th, Beach of the 21st, Ginn of the 47th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to revise the exemptions afforded to nonresidents who have in their immediate possession a valid driver's license issued to them in their home state or country; to provide for certain presumptions of validity of a driver's license issued by the driver's licensing authority of a foreign county; to provide for exceptions; 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 revise provisions relating to the regulation of transportation for hire; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to clarify inspections of limousine carriers; to provide for the registration of taxi services; to revise insurance requirements for taxi services; to revise the exemptions afforded to nonresidents who have in their immediate possession a valid driver's license issued to them in their home state or country; to remove the requirement for proof of insurance in order to obtain a for-hire endorsement; to provide for enhanced penalties for a second or subsequent conviction under Code Section 40-5-81; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-1-154, relating to regulation of carriers on safety of equipment and annual inspections, as follows:
TUESDAY, MARCH 22, 2016
3567
"40-1-154. (a) It shall be the duty of the department to regulate limousine carriers with respect to the safety of equipment. (b) The department shall require safety and mechanical inspections at least on an annual basis for each vehicle owned or operated by a limousine carrier. The department shall provide, by rule or regulation, for the scope of such inspections, the qualifications of persons who may conduct such inspections, and the manner by which the results of such inspections shall be reported to the department. (c) In addition to the requirements of this Code section, limousine Limousine carriers shall comply with the applicable provisions of Code Section 40-1-8."
SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"40-1-193.1. (a) Each taxi 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 taxi 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 taxi service doing business or operating in this state shall maintain a current list of all drivers utilized by such taxi service in this state, whether as employees or independent contractors. 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 taxi service doing business or operating in this state shall:
(1) Take all necessary steps to determine that each driver utilized by such taxi service, whether as an employee or independent contractor, possesses and maintains any required permits or licenses required by the federal government or this state; (2) Ensure that each driver utilized by such taxi service, whether as an employee or 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 utilized by such taxi service, whether as an employee or independent contractor; (4) Obtain and maintain personal injury and property damage liability insurance, which shall provide for the protection of passengers and property carried and of the public against injury in the 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 taxi services."
SECTION 3. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 40-5-21, relating to driver's license exemptions generally, as follows:
3568
JOURNAL OF THE HOUSE
"(2) A nonresident who has in his or her immediate possession a valid driver's license issued to him or her in his or her home state or country; provided, however, that such person would otherwise satisfy all requirements to receive a Georgia driver's license and, if such nonresident driver's license is in a language other than English, the nonresident also has in his or her immediate possession a valid international driving permit which conforms to and has been issued in accordance with the provisions of the Convention on Road Traffic, 3 U.S.T. 3008, TIAS 2487, or any similar such treaty, international agreement, or reciprocal agreement between the United States and a foreign nation concerning driving privileges of nonresidents; and provided, further, that in the case of a driver's license issued by the driver's licensing authority of a foreign country, a law enforcement officer may consult such person's passport or visa to verify the validity of such license, if available."
SECTION 4. Said title is further amended by revising subsection (b) of Code Section 40-5-39, relating to requirements for operation of a motor vehicle for hire, for-hire license endorsements and eligibility, term, and background checks, as follows:
"(b) The department shall 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 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 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 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
TUESDAY, MARCH 22, 2016
3569
(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."
SECTION 5. Said title is further amended by revising subsection (d) of Code Section 40-5-81, relating to program optional, certification and approval of courses, and prohibited behavior by a clinic or program, as follows:
"(d) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the department to directly or indirectly offer, for purposes of the enrollment or solicitation of any student or prospective student, any item of monetary value, including but not limited to United States legal tender, food, gasoline cards, debit gift cards, or merchant gift cards to any:
(1) Student or agent or legal representative of a student; (2) Employee or agent of a private company which has contracted with a county, municipality, or consolidated government to provide probation services pursuant to Article 6 of Chapter 8 of Title 42; (3) Law enforcement officer; or (4) Officer or employee of the judicial branch or a court. A violation of this subsection shall be a misdemeanor. In addition to all other penalties available at law, any person convicted of a second or subsequent offense under this subsection shall have his or her license to operate a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program under this article revoked."
SECTION 6. This Act shall become effective on January 1, 2017.
SECTION 7. 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 substitute to SB 320 (LC 41 0822S) by replacing line 52 with the following:
required for vehicles used by taxi services.
3570
JOURNAL OF THE HOUSE
(d) The department or any county, municipality, or consolidated government may require proof of insurance or proof of payment of such insurance in the coverage amounts as required by law and may verify such insurance when issuing or renewing a certificate of public necessity and convenience or medallion."
The Committee substitute, as amended, was adopted.
Pursuant to Rule 133, Representative Bennett of the 80th was excused from voting on SB 320.
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K
Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
TUESDAY, MARCH 22, 2016
3571
On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR #2 TUESDAY, MARCH 22, 2016
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
Modified Structured Rule
SB 145
Board of Community Health; provide that one member of the board is member of the state health benefit plan (Substitute)(GAff-Peake-141st) McKoon-29th
Structured Rule
SR 604
Revenue and Taxation; prohibit the levy of state ad valorem taxes -CA (W&M-Williamson-115th) Heath-31st
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bills and Resolution of the Senate were postponed until the next legislative day:
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
3572
JOURNAL OF THE HOUSE
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 199. By Senators Jeffares of the 17th, Mullis of the 53rd, Jones of the 25th, Dugan of the 30th, Kennedy of the 18th 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 a definition; to prohibit certain activities within close proximity to polling places; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 255. By Senators Stone of the 23rd, Bethel of the 54th, Millar of the 40th, Albers of the 56th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to modernize, reorganize, and provide constitutional protections in garnishment proceedings; to provide for definitions; to provide for an affidavit and summons of garnishment, contents, and procedure for garnishment; to provide for property being subject to and exempt from garnishment; to provide for a defendant's and third party's claim and plaintiff's traverse and the procedure for claims and traverses; to provide for procedures only applicable to financial institutions; to provide for and require the use of certain forms for garnishment proceedings; to amend Code Sections 44-7-50 and 53-12-80 of the O.C.G.A., relating to demand for possession and spendthrift provisions, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 319. By Senators Jackson of the 2nd, Kirk of the 13th, Unterman of the 45th, Henson of the 41st and Orrock of the 36th:
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.
SR 604. By Senators Heath of the 31st, Hill of the 32nd, Crane of the 28th, Harbin of the 16th, Millar of the 40th and others:
TUESDAY, MARCH 22, 2016
3573
A RESOLUTION proposing an amendment to the Constitution so as to prohibit the levy of state ad valorem taxes; to provide for applicability; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The Speaker announced the House in recess for 10 minutes.
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 substitute, by the requisite constitutional majority, the following bill of the House:
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 Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
HR 1113. By Representatives Willard of the 51st, Jones of the 47th, Burns of the 159th, Oliver of the 82nd, Meadows of the 5th and others:
A RESOLUTION proposing an amendment to the Constitution so as to abolish the existing Judicial Qualifications Commission; to require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; 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 bill of the House:
3574
JOURNAL OF THE HOUSE
HB 1110. By Representative Dickey of the 140th:
A BILL to be entitled an Act to provide for the unified government of Roberta-Crawford County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, compensation, and filling of vacancies; to provide for associated offices, departments, agencies, and personnel; 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 Resolutions of the House were read and adopted:
HR 1889. By Representatives Rhodes of the 120th and Kidd of the 145th:
A RESOLUTION recognizing the Gatewood Schools girls varsity basketball team on winning the state championship; and for other purposes.
HR 1890. By Representatives Rhodes of the 120th and Kidd of the 145th:
A RESOLUTION recognizing the Gatewood Schools boys varsity basketball team on winning the state championship; 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 the requisite constitutional majority the following bills of the House:
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;
TUESDAY, MARCH 22, 2016
3575
to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 763. By Representatives Houston of the 170th, Harrell of the 106th, Knight of the 130th, Carter of the 175th, Nimmer of the 178th 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 remove the sunset for the exemption regarding certain food and food ingredients; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 869. By Representatives Powell of the 32nd, Maxwell of the 17th and Harrell of the 106th:
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 change certain provisions relating to the responsibilities of brokers and qualifying brokers to review certain documents; to change certain provisions relating to actions that constitute unfair trade practices; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 922. By Representatives Williamson of the 115th, Knight of the 130th, Kelley of the 16th, Harrell of the 106th, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to a tax credit for creating quality jobs, so as to add a definition of taxpayer; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1014. By Representatives Powell of the 171st and 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, computation, and exemptions from state income taxes, so as to extend the sunset date of the existing exemption for donation of real property for conservation use; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1072. By Representatives Coomer of the 14th, Abrams of the 89th, Rogers of the 29th, Blackmon of the 146th, Harden of the 148th and others:
3576
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan fund and authorized types of service cancelable educational loans financed by state funds and issued by the Georgia Student Finance Authority, so as to remove ineligibility for such loans for members of the Georgia National Guard also receiving HOPE scholarship or HOPE grant funds; 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 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 following Senate substitute was read:
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 revise provisions regarding those judgments and rulings deemed directly appealable; 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
TUESDAY, MARCH 22, 2016
3577
SECTION 1. Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases involving a capital offense for which death penalty is sought, and appeals involving nonmonetary judgments in child custody cases, as follows:
"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (6) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-173; (7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (8) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; (10) All judgments or orders entered pursuant to subsection (c) of Code Section 1710-6.2; (11) All judgments or orders in child custody cases awarding, refusing to change, or modifying child custody or holding or declining to hold persons in contempt of such child custody judgment or orders; and (12) All judgments or orders entered pursuant to Code Section 35-3-37; and (13) All judgments or orders entered pursuant to Code Section 9-11-11.1."
SECTION 2. Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, is amended by revising Code Section 9-11-11.1, relating to exercise of rights of freedom of speech and to petition government for redress of grievances, legislative findings, verification of claims, definitions, procedure on motions, exception, and fees and expenses, as follows:
3578
JOURNAL OF THE HOUSE
"9-11-11.1. (a) The General Assembly of Georgia finds and declares that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance and public interest through the exercise of their constitutional rights of petition and freedom of speech and the right to petition government for redress of grievances. The General Assembly of Georgia further finds and declares that the valid exercise of the constitutional rights of petition and freedom of speech and the right to petition government for a redress of grievances should not be chilled through abuse of the judicial process. To accomplish the declarations provided for under this subsection, this Code section shall be construed broadly.
(b)(1) A claim for relief For any claim asserted against a person or entity arising from an act by that any act of such person or entity which could reasonably be construed as an act in furtherance of the person's or entity's right of petition or free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern shall be subject to a motion to strike unless the court determines that the nonmoving party has established that there is a probability that the nonmoving party will prevail on the claim, both the party asserting the claim and the party's attorney of record, if any, shall be required to file, contemporaneously with the pleading containing the claim, a written verification under oath as set forth in Code Section 9-10-113. Such written verification shall certify that the party and his or her attorney of record, if any, have read the claim; that to the best of their knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; that the act forming the basis for the claim is not a privileged communication under paragraph (4) of Code Section 51-5-7; and that the claim is not interposed for any improper purpose such as to suppress a person's or entity's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of litigation. If the claim is not verified as required by this subsection, it shall be stricken unless it is verified within ten days after the omission is called to the attention of the party asserting the claim. If a claim is verified in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the persons who signed the verification, a represented party, or both an appropriate sanction which may include dismissal of the claim and an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, including a reasonable attorney's fee. (2) In making the determination as provided for in paragraph (1) of this subsection, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based; provided, however, that if there exists a claim that the nonmoving party is a public figure plaintiff, then the nonmoving party shall be entitled to discovery on the sole issue of actual malice
TUESDAY, MARCH 22, 2016
3579
whenever actual malice is relevant to the court's determination under paragraph (1) of this subsection. (3) If the court determines that the nonmoving party under paragraph (1) of this subsection has established a probability that he or she would prevail on the claim, neither that determination nor the fact of such determination shall be admissible in evidence at any later stage of the case or in any subsequent action and no burden or proof or degree of proof otherwise applicable shall be affected by such determination in any later stage of the case or in any subsequent proceeding. (b.1) In any action subject to subsection (b) of this Code section, a prevailing moving party on a motion to strike shall be granted the recovery of attorney's fees and expenses of litigation related to the action in an amount to be determined by the court based on the facts and circumstances of the case. If the court finds that a motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award attorney's fees and expenses of litigation to the nonmoving party prevailing on the motion for the attorney's fees and expenses of litigation associated with the motion in an amount to be determined by the court based on the facts and circumstances of the case. (c) As used in this Code section, the term 'act in furtherance of the person's or entity's right of petition or free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern' includes any shall include: (1) Any written or oral statement, or writing, or petition made before or to a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, or any; (2) Any written or oral statement, or writing, or petition made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; (3) Any written or oral statement or writing or petition made in a place open to the public or a public forum in connection with an issue of public interest or concern; or (4) Any other conduct in furtherance of the exercise of the constitutional right of petition or free speech in connection with a public issue or an issue of public concern. (d) All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a motion to dismiss or a motion to strike made pursuant to subsection (b) of this Code section until a final decision on the motion. The motion shall be heard not more than 30 days after service unless the emergency matters before the court require a later hearing. The court, on noticed motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted notwithstanding this subsection. (e) An order granting or denying a motion to dismiss or a motion to strike shall be subject to direct appeal in accordance with subsection (a) of Code Section 5-6-34. (e)(f) Nothing in this Code section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, law, or rule.
3580
JOURNAL OF THE HOUSE
(g) This Code section shall not apply to any action brought by the Attorney General or a prosecuting attorney, or a city attorney acting as a prosecutor, to enforce laws aimed at public protection. (f)(h) Attorney's fees and expenses of litigation under this Code section may shall be requested by motion at any time during the course of the action but not later than 45 days after the final disposition, including but not limited to dismissal by the plaintiff, of the action."
SECTION 3.
Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended in Code Section 51-5-7, relating to privileged communications, by revising paragraph (4) as follows:
"(4) Statements made in good faith as part of an act in furtherance of the person's or entity's right of petition or free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, as defined in subsection (c) of Code Section 9-11-11.1;"
SECTION 4. This Act shall become effective on July 1, 2016.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Stephens of the 164th moved that the House agree to the Senate substitute to HB 513.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison Y Atwood Y Ballinger
Barr Y Battles Y Beasley-Teague Y Belton N Bennett, K N Bennett, T Y Bentley Y Benton Y Beskin N Beverly Y Blackmon
Broadrick Y Brockway
E Cooke Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower
Hitchens N Holcomb E Holmes Y Houston N Howard N Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. N Jones, L
Jones, S
N Metze Y Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince
N Smith, E Y Smith, L N Smith, M Y Smith, R Y 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 N Teasley
TUESDAY, MARCH 22, 2016
3581
N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas E Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
Y Efstration Y Ehrhart Y England Y Epps N Evans N Fleming E Floyd N Fludd N Frazier N Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
N Jordan N Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw E Sims
Y Thomas, A.M. N 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 117, nays 45.
The motion prevailed.
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.
The following Senate substitute was read:
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 change provisions relating to a grandparent's right to intervention in certain domestic relation cases; to allow for intervention by great-grandparents and siblings of parents; to provide for definitions; to provide for an evidentiary standard; to conform cross-references relating to adoption; to provide for the creation, authorization, procedure, revocation, recision, and termination of a power of attorney from a parent, guardian, or legal custodian of a child to a kinship caregiver for the temporary delegation of certain power and authority for the care and custody of a child; to provide a short title; to provide for and correct a definition; to provide for procedure; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
3582
JOURNAL OF THE HOUSE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising Code Section 19-7-3, relating to grandparent visitation rights and intervention, as follows:
"19-7-3. (a) As used in this Code section, the term 'grandparent':
(1) 'Family member' means a grandparent, great-grandparent, or sibling. (2) 'Grandparent' means the parent of a parent of a minor child, the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated. (3) 'Great-grandparent' means the parent of the parent of a parent of a minor child, the parent of the parent of a minor child's parent who has died, and the parent of the parent of a minor child's parent whose parental rights have been terminated. (4) 'Sibling' means the brother or sister of a parent of a minor child, the brother or sister of a minor child's parent who has died, and the brother or sister of a minor child's parent whose parental rights have been terminated. (b)(1) Except as otherwise provided in paragraph (2) of this subsection, any:
(A) Any grandparent shall have the right to file an original action for visitation rights to a minor child or; and (B) Any family member shall have the right to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. (2) This subsection shall not authorize an original action where when the parents of the minor child are not separated and the child is living with both parents. (c)(1) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any grandparent family member of the child reasonable visitation rights if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. The mere absence of an opportunity for a child to develop a relationship with a family member shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship between the child and such family member. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find
TUESDAY, MARCH 22, 2016
3583
that harm to the child is reasonably likely to result where when, prior to the original action or intervention:
(A) The minor child resided with the grandparent family member for six months or more; (B) The grandparent family member provided financial support for the basic needs of the child for at least one year; (C) There was an established pattern of regular visitation or child care by the grandparent family member with the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings. (2) An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. (3) While a parent's decision regarding grandparent family member visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide grandparent family member contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her grandparent family member or who is not provided some minimal opportunity for contact with his or her grandparent family member when there is a preexisting relationship between the child and such family member may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption. (4) In no case shall the granting of visitation rights to a grandparent family member interfere with a child's school or regularly scheduled extracurricular activities. (5) Visitation time awarded to a grandparent family member shall not be less than 24 hours in any one-month period; provided, however, that when more than one individual seeks visitation under this Code section, the court shall determine the amount of time to award to each petitioner which shall not be less than 24 hours in any one-month period in the aggregate. (d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may award the parent of the deceased, incapacitated, or incarcerated parent of such minor child reasonable visitation to such child during his or her minority if the court in its discretion finds that such visitation would be in the best interests of the child. The custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive.
3584
JOURNAL OF THE HOUSE
(e) If the court finds that the grandparent or grandparents family member can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning grandparent or grandparents family member, may:
(1) Appoint a guardian ad litem for the minor child; and (2) Assign the issue of visitation rights of a grandparent family member for mediation. (f) In the event that the court does not order mediation or upon failure of the parties to reach an agreement through mediation, the court shall fix a time for the hearing of the issue of visitation rights of the grandparent or grandparents family member. (g) Whether or not visitation is awarded to a grandparent family member, the court may direct a custodial parent, by court order, to notify such grandparent family member of every performance of the minor child to which the public is admitted, including, but not limited to, musical concerts, graduations, recitals, and sporting events or games. (h) When more than one family member files an action pursuant to this Code section, the court shall determine the priority of such actions."
SECTION 1-2. Said title is further amended by revising subsection (f) of Code Section 19-8-13, relating to the petition for adoption, filing, and contents, as follows:
"(f)(1) As used in this subsection, the term 'family member' shall have the same meaning as set forth in Code Section 19-7-3. (2) Whenever a petitioner is a blood relative of the child to be adopted and a grandparent family member other than the petitioner has visitation rights to the child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the grandparent family member with the visitation rights or upon such person's counsel of record."
SECTION 1-3. Said title is further amended by revising Code Section 19-8-15, relating to when objections may be filed by relatives to petition for adoption, as follows:
"19-8-15. (1) As used in this Code section, the term 'family member' shall have the same meaning as set forth in Code Section 19-7-3. (2) If the child sought to be adopted has no legal father or legal mother living, it shall be the privilege of any person related by blood to the child to file objections to the petition for adoption. A grandparent family member with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not the same constitute a good reason for denying the petition and the court shall have the authority to grant or continue such visitation rights of the grandparent to family member of the
TUESDAY, MARCH 22, 2016
3585
child in the adoption order in the event the adoption by the blood relative is approved by the court."
PART II SECTION 2-1.
The General Assembly finds that: (1) From time to time, parents experience short-term difficulties that impair their ability to perform the regular and expected functions to provide care and support to their children; (2) Parents need a means to confer to a relative or fictive kin the temporary authority to act on behalf of a child without the time and expense of a court proceeding or the involvement of the Division of Family and Children Services of the Department of Human Services; and (3) Providing a statutory mechanism for granting such authority enhances family preservation and stability.
SECTION 2-2. Said title is further amended by adding a new article to Chapter 9, relating to child custody proceedings, to read as follows:
"ARTICLE 5
19-9-140. This article shall be known and may be cited as the 'Supporting and Strengthening Families Act.'
19-9-141. As used in this article, the term:
(1) 'Child' means an unemancipated individual who is under 18 years of age. (2) 'Fictive kin' shall have the same meaning as provided in Code Section 15-11-2. (3) 'Guardian' means an individual appointed pursuant to a court order establishing a permanent guardianship for a child. (4) 'Kinship caregiver' means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child or a fictive kin who resides in this state. (5) 'Legal custodian' shall have the same meaning as provided in Code Section 15-112. (6) 'Parent' shall have the same meaning as provided in Code Section 19-3-37.
19-9-142. (a) A parent, guardian, or legal custodian of a child may delegate caregiving authority regarding his or her child to a kinship caregiver for a period not to exceed one year, except as provided in Code Section 19-9-150, by executing a power of attorney that
3586
JOURNAL OF THE HOUSE
substantially complies with this article. A parent, guardian, or legal custodian of a child may delegate to an agent in such power of attorney any power and authority regarding the care and custody of such child, except the power to consent to the marriage or adoption of such child, the performance or inducement of an abortion on or for such child, or the termination of parental rights to such child. Such power and authority may be delegated without the approval of a court, provided that such delegation of power and authority shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order, including a standing order, or deprive a parent, guardian, or legal custodian of a child of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of such child. Furthermore, such delegation of power and authority shall not deprive or limit any support for a child that should be received by such child pursuant to a court order or for any other reason. No such power of attorney shall be executed during the pendency of a divorce or custody action. (b) Except as limited by federal law, this article, or the direction of a parent, guardian, or legal custodian of a child as expressed in the power of attorney, an agent shall have the same rights, duties, and responsibilities that would otherwise be exercised by such parent, guardian, or legal custodian of a child pursuant to the laws of this state. (c) An agent shall acknowledge in writing his or her acceptance of the responsibility for caring for a child for the duration of the power of attorney. An agent shall certify that he or she is not currently on the state sexual offender registry of this state or the sexual offender registry for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor has he or she ever been required to register for any such registry. Such certification shall include a criminal background check if requested by the party executing the power of attorney. (d) The agent under a power of attorney shall act in the best interests of the child. Such agent shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a child when such decision is made in good faith and is exercised in the best interests of the child.
(e)(1) The agent under a power of attorney shall have the right to enroll the child in a public school serving the area where the agent resides and may enroll the child in a private school, pre-kindergarten program, or home study program. (2) A public school shall allow such agent with a power of attorney executed under this article to enroll a child. (3) At the time of enrollment, the agent shall provide to such public school such residency documentation as is customary in that school system. (4) A public school shall not unreasonably deny enrollment of a child. If a public school denies enrollment of a child by an agent, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school system, including all of the remedies otherwise available when enrollment is denied to a child.
19-9-143. (a) At least 30 days prior to executing a power of attorney under this article:
TUESDAY, MARCH 22, 2016
3587
(1) An individual with sole custody of a child who intends to execute such power of attorney shall provide written notice of such intention to the noncustodial parent by certified mail or statutory overnight delivery, return receipt requested. Such notice shall constitute a change in material conditions or circumstances for the purpose of a child custody modification proceeding; and (2) An individual who is a guardian or legal custodian of a child who intends to execute such power of attorney shall provide written notice to the child's parents by certified mail or statutory overnight delivery, return receipt requested. (b) An individual receiving the notice set forth in subsection (a) of this Code section may object to the execution of such power of attorney within 21 days of the delivery of such notice and shall serve his or her objection on the individual intending to execute such power of attorney by certified mail or statutory overnight delivery, return receipt requested. An objection shall prohibit the execution of a power of attorney under this article. (c) In addition to the notice provided in subsection (a) of this Code section, a parent with sole custody of a child who executes a power of attorney under this article shall comply with any applicable relocation notice requirements under subsection (f) of Code Section 19-9-3. (d) In the event of an emergency, the written requirement provisions of this Code section may be waived, but in no event shall this provision be interpreted as a means to violate a court order entered pursuant to subsection (f) of Code Section 19-9-3.
19-9-144. Nothing in this article shall preclude a parent, guardian, legal custodian, or agent from granting temporary written permission to seek emergency medical treatment or other services for a child while such child is in the custody of an adult who is not the parent, guardian, legal custodian, or agent and who is temporarily supervising the child at the request of such parent, guardian, legal custodian, or agent.
19-9-145. (a) Except as may be permitted by the federal No Child Left Behind Act (P.L. 107110), an individual executing a power of attorney under this article shall swear or affirm under penalty of law that such action is not being taken for the purpose of enrolling the child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with state law and may require, in addition to any other remedies, repayment by such parent, guardian, or legal custodian of all costs incurred by the school as a result of the violation. (b) An individual shall not execute a power of attorney under this article for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the Department of Human Services and shall not execute such power of attorney so long as the Division of Family and Children Services of the Department of Human Services has an open child welfare and youth services
3588
JOURNAL OF THE HOUSE
case with regard to the parent, guardian, or legal custodian, the child, or another child of the parent.
19-9-146. A power of attorney executed under this article shall be signed and acknowledged before a notary public by the parent, guardian, or legal custodian executing such power of attorney and by the agent accepting such delegation.
19-9-147. (a)(1) An agent shall have the authority to act on behalf of the minor child on a continuous basis, without compensation, and shall not be subject to any provision concerning the licensing or regulation of foster care homes for the duration of the power of attorney so long as the duration does not exceed the length of time authorized in Code Sections 19-9-142 and 19-9-150 or until the individual who executed the power of attorney revokes the power of attorney in writing and provides notice of the revocation to the agent as provided in this Code section. (2) An agent shall have the authority to act on behalf of the child until a copy of the revocation of the power of attorney is received by certified mail or statutory overnight delivery, return receipt requested, and upon receipt of the revocation, the agent shall cease to act as agent. (3) The individual revoking the power of attorney shall send a copy of the revocation of the power of attorney to the agent within five days of the execution of the revocation by certified mail or statutory overnight delivery, return receipt requested. If an individual revokes the power of attorney, the child shall be returned to the custody of the individual who granted the power of attorney as soon as reasonably possible. (4) The revoking individual shall notify the school, health care providers, and others known to the revoking individual to have relied upon such power of attorney.
(b) The power of attorney executed under this article may also be terminated by any order of a court of competent jurisdiction. (c) The agent shall notify the school, health care providers, and others known to the agent to have relied upon such power of attorney. (d) An agent may resign by notifying the individual who appointed the agent in writing by certified mail or statutory overnight delivery, return receipt requested. (e) Upon the death of the authorizing individual, the agent shall notify the parents of the child, if possible, as soon as practicable. (f) The authority to designate an agent to act on behalf of a minor child is in addition to any other lawful action an individual may take for the benefit of such minor child. (g) A parent shall continue to have the right to medical, dental, mental health, and school records pertaining to the minor child, even when a power of attorney has been executed under this article.
TUESDAY, MARCH 22, 2016
3589
19-9-148. The execution of a power of attorney under this article shall not constitute abandonment under Code Section 19-10-1 nor be reportable as child abuse or neglect under Code Section 19-7-5 unless the individual who executed such power of attorney fails to take custody of the child or execute a new power of attorney under this article after the expiration or revocation of the power of attorney.
19-9-149. (a) A child subject to a power of attorney executed under this article shall not be considered placed in foster care as defined in any other provision of law, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children. (b) An agent who has been delegated caregiving authority under this article shall not be subject to the requirements of any other child care facility or foster care licensing provisions, and such delegation shall not constitute an out-of-home child placement. (c) This article shall not be construed to exempt a person from the requirements of Chapter 5 of Title 49 regarding the licensing and inspection of child welfare agencies if such person fails to have evidence of a power of attorney executed under this article.
19-9-150. Except as limited by or in conflict with federal law regarding the armed forces of the United States, a parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty, may delegate caregiving authority for a period longer than one year if such parent is deployed as defined in Code Section 19-96. Such term of delegation, however, shall not exceed the term of deployment plus 30 days.
19-9-151. (a) The power of attorney contained in this Code section may be used for the temporary delegation of caregiving authority to an agent. The form contained in this Code section shall be sufficient for the purpose of creating a power of attorney under this article, provided that nothing in this Code section shall be construed to require the use of this particular form. (b) A power of attorney shall be legally sufficient if the form is properly completed and the signatures of the parties are notarized. (c) The power of attorney delegating caregiving authority of a child shall be in substantially the following form:
3590
JOURNAL OF THE HOUSE
'STATUTORY FORM FOR POWER OF ATTORNEY TO DELEGATE PARENTAL, GUARDIAN, OR LEGAL CUSTODIAN POWER AND AUTHORITY
1. I certify that I am the parent, guardian, or legal custodian of:
_________________________________________________
(Full name of child)
(Date of birth)
2. I designate _______________________________ (full name of agent), ____________________________________________________________________ (street address, city, state, and ZIP Code of agent) ____________________________________________________________________, (home and work phone numbers of agent) as the agent of the child named above.
3. I delegate to the agent all my power and authority regarding the care and custody of the child named above, including but not limited to the right to enroll the child in school, inspect and obtain copies of education records and other records concerning the child, attend school activities and other functions concerning the child, and give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
OR
4. I delegate to the agent the following specific powers and responsibilities (write in): ____________________________________________________________________ In the event section 4 is completed, section 3 does not apply.
This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
5. This power of attorney is effective for a period not to exceed one year, beginning _____________, 20___, and ending _____________, 20___. I reserve the right to revoke this power and authority at any time.
OR
6. I am a parent as described in O.C.G.A. 19-9-150. My active duty service is scheduled to begin on _____________, 20___, and is estimated to end on _____________, 20___. I acknowledge that in no event shall this delegation of
TUESDAY, MARCH 22, 2016
3591
power and authority last more than one year or the term of my active duty plus 30 days, whichever is longer. I reserve the right to revoke this power and authority at any time.
7. Except as may be permitted by the federal No Child Left Behind Act (P.L. 107110), I hereby swear or affirm under penalty of law that this power of attorney is not being executed for the purpose of enrolling a child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose.
8. I hereby swear or affirm under penalty of law that I provided the notice required by O.C.G.A. 19-9-143 and received no objection in the required time period.
By: ______________________________________________ (Parent, guardian, or legal custodian signature)
Relationship to child: ______________________________________________
________________________________________________________________ (Printed name)
9. I hereby accept my designation as agent for the child specified in this power of attorney and by doing so acknowledge my acceptance of the responsibility for caring for such child for the duration of this power of attorney. Furthermore, I hereby certify that:
(A) I am not currently on the state sexual offender registry of this state or the sexual offender registry for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor have I ever been required to register for any such registry; (B) I have provided a criminal background check to the individual designating me as an agent, if it was requested; (C) I understand that I have the authority to act on behalf of the minor child for the period set forth in this form or until the power of attorney is revoked in writing and notice is provided to me as provided in O.C.G.A. 19-9-147; (D) I understand that if I am made aware of the death of the individual who executed the power of attorney, I must notify the parent of the child, if known, as soon as practicable; and (E) I may resign as agent by notifying the individual who executed the power of attorney in writing by certified mail or statutory overnight delivery, return receipt requested.
__________________________________________________ (Agent signature)
3592
JOURNAL OF THE HOUSE
__________________________________________________ (Printed name)
State of Georgia County of _______________________
ACKNOWLEDGMENT
Before me, the undersigned, a Notary Public, in and for said County and State on this _____ day of ____________, 20____, personally appeared ____________________ (name of parent, guardian, or legal custodian) and ______________________ (name of agent), to me known to be the identical persons who executed this instrument and acknowledged to me that each executed the same as his or her free and voluntary act and deed for the uses and purposes set forth in the instrument. Witness my hand and official seal the day and year above written.
__________________________________________________ (Notary public signature) (Seal) My commission expires: _____________________'"
PART III SECTION 3-1.
Said title is further amended by revising subparagraph (a)(2)(B) of Code Section 19-3-37, relating to parental consent to marriage of underage applicants, as follows:
"(B) The parent individual who has legal sole custody if the parents are divorced, separated, or widowed; or"
PART IV SECTION 4-1.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Strickland of the 111th offers the following amendment:
Amend the Senate substitute to HB 229 (LC 37 2216ERS) by replacing lines 1 through 410 with the following: To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to a grandparent's right to intervention in certain domestic relation cases; to allow for intervention by great-grandparents and
TUESDAY, MARCH 22, 2016
3593
siblings of parents; to provide for definitions; to provide for an evidentiary standard; to conform cross-references relating to adoption; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising Code Section 19-7-3, relating to grandparent visitation rights and intervention, as follows:
"19-7-3. (a) As used in this Code section, the term 'grandparent':
(1) 'Family member' means a grandparent, great-grandparent, or sibling. (2) 'Grandparent' means the parent of a parent of a minor child, the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated. (3) 'Great-grandparent' means the parent of the parent of a parent of a minor child, the parent of the parent of a minor child's parent who has died, and the parent of the parent of a minor child's parent whose parental rights have been terminated. (4) 'Sibling' means the brother or sister of a parent of a minor child, the brother or sister of a minor child's parent who has died, and the brother or sister of a minor child's parent whose parental rights have been terminated. (b)(1) Except as otherwise provided in paragraph (2) of this subsection, any:
(A) Any grandparent shall have the right to file an original action for visitation rights to a minor child or; and (B) Any family member shall have the right to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. (2) This subsection shall not authorize an original action where when the parents of the minor child are not separated and the child is living with both parents. (c)(1) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any grandparent family member of the child reasonable visitation rights if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. The mere absence of an opportunity for a child to develop a relationship with a family member shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship between the
3594
JOURNAL OF THE HOUSE
child and such family member. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result where when, prior to the original action or intervention:
(A) The minor child resided with the grandparent family member for six months or more; (B) The grandparent family member provided financial support for the basic needs of the child for at least one year; (C) There was an established pattern of regular visitation or child care by the grandparent family member with the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings. (2) An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. (3) While a parent's decision regarding grandparent family member visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide grandparent family member contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her grandparent family member or who is not provided some minimal opportunity for contact with his or her grandparent family member when there is a preexisting relationship between the child and such family member may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption. (4) In no case shall the granting of visitation rights to a grandparent family member interfere with a child's school or regularly scheduled extracurricular activities. (5) Visitation time awarded to a grandparent family member shall not be less than 24 hours in any one-month period; provided, however, that when more than one individual seeks visitation under this Code section, the court shall determine the amount of time to award to each petitioner which shall not be less than 24 hours in any one-month period in the aggregate. (d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may award the parent of the deceased, incapacitated, or incarcerated parent of such minor child reasonable visitation to such child during his or her minority if the court in its discretion finds that such visitation would be in the best interests of the child. The
TUESDAY, MARCH 22, 2016
3595
custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive. (e) If the court finds that the grandparent or grandparents family member can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning grandparent or grandparents family member, may:
(1) Appoint a guardian ad litem for the minor child; and (2) Assign the issue of visitation rights of a grandparent family member for mediation. (f) In the event that the court does not order mediation or upon failure of the parties to reach an agreement through mediation, the court shall fix a time for the hearing of the issue of visitation rights of the grandparent or grandparents family member. (g) Whether or not visitation is awarded to a grandparent family member, the court may direct a custodial parent, by court order, to notify such grandparent family member of every performance of the minor child to which the public is admitted, including, but not limited to, musical concerts, graduations, recitals, and sporting events or games. (h) When more than one family member files an action pursuant to this Code section, the court shall determine the priority of such actions."
SECTION 2. Said title is further amended by revising subsection (f) of Code Section 19-8-13, relating to the petition for adoption, filing, and contents, as follows:
"(f)(1) As used in this subsection, the term 'family member' shall have the same meaning as set forth in Code Section 19-7-3. (2) Whenever a petitioner is a blood relative of the child to be adopted and a grandparent family member other than the petitioner has visitation rights to the child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the grandparent family member with the visitation rights or upon such person's counsel of record."
SECTION 3. Said title is further amended by revising Code Section 19-8-15, relating to when objections may be filed by relatives to petition for adoption, as follows:
"19-8-15. (1) As used in this Code section, the term 'family member' shall have the same meaning as set forth in Code Section 19-7-3. (2) If the child sought to be adopted has no legal father or legal mother living, it shall be the privilege of any person related by blood to the child to file objections to the petition for adoption. A grandparent family member with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not the same constitute a good reason for denying the petition and the court shall have the authority
3596
JOURNAL OF THE HOUSE
to grant or continue such visitation rights of the grandparent to family member of the child in the adoption order in the event the adoption by the blood relative is approved by the court."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Strickland of the 111th moved that the House agree to the Senate substitute, as amended by the House, to HB 229.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y 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 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice 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
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
Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 161, nays 0.
TUESDAY, MARCH 22, 2016
3597
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 745. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to extend automatic repeals of certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 822. By Representatives Coomer of the 14th, Powell of the 171st, Smyre of the 135th, Epps of the 144th, Clark of the 101st 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 sales and use tax, so as to provide for a change in a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 927. By Representatives Coomer of the 14th, Willard of the 51st, Dickey of the 140th, Nimmer of the 178th, Rogers of the 10th and others:
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts; to amend Chapter 6 of Title 5, Part 7 of Article 1 of Chapter 1 of Title 7, Chapter 6 of Title 9, Chapter 2 of Title 21, Article 3 of Chapter 4 of Title 23, Chapter 2 of Title 44, and Code Section 48-5-17, relating to certiorari and appeals to appellate courts generally, receivership powers and procedures generally, extraordinary writs, elections and primaries generally, decrees, recordation and registration of deeds and other instruments, and proceedings to determine county entitled to return and payment; to amend Chapter 2 of Title 15 of the O.C.G.A., relating to the Supreme Court; to provide for related matters; to repeal conflicting laws; and for other purposes.
3598
JOURNAL OF THE HOUSE
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 962. By Representatives Abrams of the 89th, Dempsey of the 13th, Benton of the 31st, Hugley of the 136th, Sharper of the 177th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, so as to provide for the creation, appointment, removal, and duties of a kinship care enforcement administrator; to provide a definition; 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 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, guardian, or legal custodian of a child to a kinship caregiver for the temporary delegation of certain power and authority for the care and custody of a child; to provide a short title; to provide for definitions; to provide for procedure; to amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, so as to provide for the creation, appointment, and duties of a kinship care enforcement administrator; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Community Health to provide that certain dependents of a military service member shall maintain eligibility and priority for certain medical assistance and developmental disability services under certain conditions; to require the department to request a waiver if necessary to implement such provision; to provide that such provision shall only apply to the fullest extent permissible to remain in compliance with certain federal laws, rules, and regulations; to provide for definitions; to provide for legislative findings; 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.
The General Assembly finds that:
TUESDAY, MARCH 22, 2016
3599
(1) From time to time, parents experience short-term difficulties that impair their ability to perform the regular and expected functions to provide care and support to their children; (2) Parents need a means to confer to a relative or individual with whom a child has a significant relationship the temporary authority to act on behalf of a child without the time and expense of a court proceeding or the involvement of the Division of Family and Children Services of the Department of Human Services; and (3) Providing a statutory mechanism for granting such authority enhances family preservation and stability.
SECTION 1-2. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by adding a new article to read as follows:
"ARTICLE 5
19-9-140. This article shall be known and may be cited as the 'Supporting and Strengthening Families Act.'
19-9-141. As used in this article, the term:
(1) 'Child' means an individual who is under the age of 18 years. (2) 'Fictive kin' shall have the same meaning as provided in Code Section 15-11-2. (3) 'Guardian' means an individual appointed pursuant to Title 29 or by a court of law. (4) 'Kinship caregiver' means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child or a fictive kin. (5) 'Legal custodian' shall have the same meaning as provided in Code Section 15-112. (6) 'Parent' shall have the same meaning as provided in Code Section 15-11-2.
19-9-142. (a) A parent, guardian, or legal custodian of a child, by a properly executed power of attorney provided in Code Section 19-9-150, may delegate to a kinship caregiver residing in this state caregiving authority regarding his or her child for a period not to exceed one year, except as provided in Code Section 19-9-149. A parent, guardian, or legal custodian of a child may delegate to such attorney-in-fact any power and authority regarding the care and custody of such child, except the power to consent to the marriage or adoption of such child, the performance or inducement of an abortion on or for such child, or the termination of parental rights to such child. Such power and authority may be delegated without the approval of a court by executing in writing a power of attorney for the care and custody of a child in a form substantially complying
3600
JOURNAL OF THE HOUSE
with the provisions of this article. A delegation of power and authority under this Code section shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive a parent, guardian, or legal custodian of a child of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of such child. (b) Except as limited by federal law, this Code section, or the wishes of the parent, guardian, or legal custodian of a child as expressed in the power of attorney, the attorney-in-fact shall have the same rights, duties, and responsibilities that would otherwise be exercised by such parent, guardian, or legal custodian of a child pursuant to the laws of this state. (c) An attorney-in-fact shall acknowledge in writing his or her acceptance of the responsibility for caring for a child for the duration of the power of attorney. An attorney-in-fact shall certify that he or she is not currently on the state sexual offender registry of this state or the sexual offender registration for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor has he or she ever been required to register for any such registry. (d) The attorney-in-fact under a power of attorney for the care and custody of a child shall act in the best interest of the child. Such attorney-in-fact shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a child when such decision is made in good faith and is exercised in the best interest of the child.
(e)(1) The attorney-in-fact shall have the right to enroll the child in a public school serving the area where the attorney-in-fact resides and may enroll the child in a private school, pre-kindergarten program, or home study program. (2) A public school shall allow such attorney-in-fact with a properly executed power of attorney for the care and custody of a child to enroll such child. (3) At the time of enrollment, the attorney-in-fact shall provide to such public school such residency documentation as is customary in that school district. (4) A public school shall not unreasonably deny enrollment of a child. If a public school denies enrollment of a child by an attorney-in-fact, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school district, including all of the remedies otherwise available when enrollment is denied to a child.
19-9-143. (a) When only one parent has legal custody of a child, he or she shall provide written notice to the other parent, by certified mail or statutory overnight delivery, 30 days prior to the executing of a power of attorney under this article. (b) The parent receiving the notice set forth in subsection (a) of this Code section may object to the execution of a power of attorney within 21 days of the delivery of such notice. Such objection shall be filed in the superior court of circuit where the child resides and shall be served by certified mail or statutory overnight delivery. Within 30 days of the objection being filed, the court shall hold an expedited hearing and
TUESDAY, MARCH 22, 2016
3601
determine whether the power of attorney is in the best interest of the child. The power of attorney shall not become effective until the court finds it to be in the best interest of the child. (c) In addition to the notice provided in subsection (a) of this Code section, a parent executing a power of attorney under this article shall comply with any applicable relocation notice requirements under subsection (f) of Code Section 19-9-3. (d) In the event of an emergency, the written requirement provisions of this Code section may be waived, but in no event shall this provision be interpreted as a means to violate a court order entered pursuant to subsection (f) of Code Section 19-9-3.
19-9-144. Nothing in this article shall preclude a parent, guardian, legal custodian, or attorney-infact from granting temporary written permission to seek emergency medical treatment or other services for a child while in the custody of an adult who is not the parent, guardian, legal custodian, or attorney-in-fact and who is temporarily supervising the child at the request of the parent, guardian, legal custodian, or attorney-in-fact.
19-9-145. (a) Except as may be permitted by the federal No Child Left Behind Act (P.L. 107110), a parent, guardian, or legal custodian executing the power of attorney for the care and custody of a child shall swear or affirm under penalty of law that such action is not being taken for the purpose of enrolling the child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with state law and may require, in addition to any other remedies, repayment by such parent, guardian, or legal custodian of all costs incurred by the school as a result of the violation. (b) A parent, guardian, or legal custodian shall not execute a power of attorney for the care and custody of a child for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the Department of Human Services and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the parent, guardian, or legal custodian, the child, or another child of the parent. (c) The power of attorney for the care and custody of a child shall be signed and acknowledged before a notary public by the parent, guardian, or legal custodian executing the power of attorney.
19-9-146. (a) The parent, guardian, or legal custodian of a child shall have the authority to revoke or withdraw the power of attorney authorized by Code Section 19-9-142 at any time. If a parent, guardian, or legal custodian withdraws or revokes the power of attorney, the
3602
JOURNAL OF THE HOUSE
child shall be returned to the custody of the parent, guardian, or legal custodian as soon as reasonably possible. (b) Unless the authority is revoked or withdrawn by the parent, guardian, or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney authorized in such power of attorney so long as it does not exceed the length of time authorized in Code Sections 19-9-142 and 19-9-149 and shall not be subject to any provision concerning the licensing or regulation of foster care homes.
19-9-147. The execution of a power of attorney by a parent, guardian, or legal custodian, as authorized by this article, shall not constitute abandonment under Code Section 19-10-1 nor be reportable as child abuse or neglect under Code Section 19-7-5 unless the parent, guardian, or legal custodian fails to take custody of the child or execute a new power of attorney after the expiration of the power of attorney.
19-9-148. (a) A child subject to the power of attorney authorized by this article shall not be considered placed in foster care as defined in any other provision of law, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children. (b) An attorney-in-fact who has been delegated caregiving authority under this article shall not be subject to the requirements of any other child care facility or foster care licensing provisions, and such delegation shall not constitute an out-of-home child placement.
19-9-149. A parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty, may delegate caregiving authority for a period longer than one year if such parent is on active duty service. Such term of delegation, however, shall not exceed the term of active duty service plus 30 days.
19-9-150. (a) The statutory power of attorney contained in this Code section may be used for the temporary delegation of parental caregiving authority to an attorney-in-fact. This power of attorney is not intended to be exclusive. No provision of this article shall be construed to bar use by a parent, guardian, or legal custodian of any other or different
TUESDAY, MARCH 22, 2016
3603
form of power of attorney for the care and custody of a child that substantially complies with this article. (b) A power of attorney shall be legally sufficient under this Code section if the wording of the form complies substantially with the provisions of this Code section, the form is properly completed, and the signatures of the parties are acknowledged. (c) The power of attorney for the care and custody of a child shall be in substantially the following form:
'Statutory Form for Power of Attorney to Delegate Parental, Guardian, or Legal Custodian Power and Authority
1. I certify that I am the parent, guardian, or legal custodian of:
_________________________________________________
(Full name of child)
(Date of birth)
2. I designate _______________________________ (full name of attorney-in-fact), ____________________________________________________________________ (street address, city, state, and ZIP Code of attorney-in-fact) ____________________________________________________________________, (home and work phone numbers of attorney-in-fact) as the attorney-in-fact of the child named above.
3. I delegate to the attorney-in-fact all my power and authority regarding the care and custody the child named above, including but not limited to the right to enroll the child in school, inspect and obtain copies of education records and other records concerning the child, attend school activities and other functions concerning the child, and give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
OR
4. I delegate to the attorney-in-fact the following specific powers and responsibilities (write in): ____________________________________________________________________ In the event section 4 is completed, section 3 does not apply.
This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
3604
JOURNAL OF THE HOUSE
5. This power of attorney is effective for a period not to exceed one year, beginning _____________, 20___, and ending _____________, 20___. I reserve the right to revoke this power and authority at any time.
OR
6. I am a serving parent as defined by Code Section 19-9-149 of the Official Code of Georgia Annotated. My active duty service is scheduled to begin on _____________, 20___, and is estimated to end on _____________, 20___. I acknowledge that in no event shall this delegation of power and authority last more than one year or the term of my active duty plus 30 days, whichever is longer. I reserve the right to revoke this power and authority at any time.
7. Except as may be permitted by the federal No Child Left Behind Act (P.L. 107110), I hereby swear or affirm under penalty of law that this power of attorney is not being executed for the purpose of enrolling a child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose.
By: ______________________________________________ (Parent, guardian, or legal custodian signature)
8. I hereby accept my designation as attorney-in-fact for the child specified in this power of attorney and by doing so acknowledge my acceptance of the responsibility for caring for such child for the duration of this power of attorney. Furthermore, I hereby certify that I am not currently on the state sexual offender registry of this state or the sexual offender registration for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor have I ever been required to register for any such registry.
__________________________________________________ (Attorney-in-fact signature)
State of Georgia County of _______________________
ACKNOWLEDGMENT
Before me, the undersigned, a Notary Public, in and for said County and State on this _____ day of ____________, 20____, personally appeared ____________________ (name of parent, guardian, or legal custodian) and ______________________ (name of attorney-in-fact), to me known to be the identical persons who executed this
TUESDAY, MARCH 22, 2016
3605
instrument and acknowledged to me that each executed the same as his or her free and voluntary act and deed for the uses and purposes set forth in the instrument. Witness my hand and official seal the day and year above written.
__________________________________________________ (Notary public signature) (Seal) My commission expires: _____________________'"
PART II SECTION 2-1.
Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, is amended by adding a new subsection to Code Section 49-2-1, relating to department created, transfer of powers, functions, and duties of Department of Human Resources to Department of Human Services, creation, appointment, removal, and duties of commissioner of human services, to read as follows:
"(c)(1) As used in this subsection, the term: (A) 'Fictive kin' shall have the same meaning as set forth in Code Section 15-11-2. (B) 'Kinship caregiver' means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child under the age of 18 or fictive kin who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the legal parents of such child losing or abdicating the ability to care for or provide basic necessities for such child.
(2) There is created the position of kinship care enforcement administrator within the Department of Human Services who shall be appointed by and serve at the discretion of the commissioner of human services. The kinship care enforcement administrator shall account for, monitor, facilitate, and ensure compliance with all laws, rules, and regulations of the federal government and this state which relate to any programs, including, but not limited to, any pilot programs, subsidies, or benefits, available to kinship caregivers or the children within their care."
PART III SECTION 3-1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows: "49-4-158. (a) As used in this Code section, the term: (1) 'Dependent' means a spouse, birth child, adopted child, or stepchild of a military service member.
3606
JOURNAL OF THE HOUSE
(2) 'Legal resident' means a person who maintains Georgia as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return. (3) 'Military service' means service in the armed forces or armed forces reserves of the United States, or membership in the Georgia National Guard. (4) 'Military service member' means a person who is currently in military service or who has separated from military service in the previous 18 months through either retirement or military separation. (b) The department shall allow legal residents who are dependents of a military service member and who are absent from this state due to the member's military service to be added to a data base to indicate the need for medical assistance upon return to this state. Should a dependent in such a situation be selected from a data base to receive medical assistance, the dependent shall have six months from the date of the selection notification to apply for such assistance and another six months to commence using such assistance. In the event a dependent is receiving medical assistance funded by the department and the medical assistance is disrupted due to the military service member's need for the dependent to leave Georgia because of such military service member's military service, the medical assistance shall be resumed upon the dependent's return to Georgia if the dependent is otherwise eligible. In no case shall payment be made for home and community based services provided outside this state. A dependent of a military service member shall be required to provide the department with: (1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and (2) Proof of the military service member's legal residence in this state, as prescribed by the department. (c) A dependent who is a legal resident of this state, having previously been determined to be eligible for developmental disability services provided by the department, including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of this state, regardless of having left this state due to the military service member's military assignment outside this state, as long as he or she is otherwise eligible for such services. (d) The department shall permit a dependent who resides outside this state to be placed on a waiting list for developmental disabilities services if the dependent left this state due to the military service member's military assignment outside this state, is otherwise eligible for those services, and furnishes: (1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and (2) Proof of the military service member's legal residence in this state, as prescribed by the department. (e) For dependents who received developmental disability services and who left this state due to the military service member's military assignment outside this state, upon
TUESDAY, MARCH 22, 2016
3607
the dependent's return to this state and when a request for services is made, the department shall:
(1) Determine the dependent's eligibility for services, which may include a request for waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act; (2) Provide to the dependent notification of the determination of eligibility for services, which includes notification of a denial of services if applicable; (3) Provide the dependent an opportunity to contest the department's determination through the appeals processes established by the department; and (4) Resume services if the dependent remains eligible. (f) As a condition of continued eligibility for services under subsection (e) of this Code section, a dependent must inform the department of his or her current address and provide updates as requested by the department. (g) No payment pursuant to this Code section shall be made for developmental disability services authorized under this chapter and provided outside this state unless those services satisfy the conditions specified in 42 CFR 431.52. No payment pursuant to this Code section shall be made for home and community based services provided outside this state. (h) The department shall request a waiver from the appropriate federal agency if a waiver is necessary to implement the provisions of this Code section. (i) The department may adopt rules and regulations necessary to implement the provisions of this Code section. (j) This Code section shall only apply to the fullest extent permissible for Georgia to remain in compliance with all federal laws, rules, and regulations associated with the services provided in this chapter."
PART IV SECTION 4-1.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Abrams of the 89th and Kirby of the 114th offer the following amendment:
Amend the Senate substitute to HB 962 (HB962/SCSFA/1) by deleting lines 1 through 6 and inserting in lieu thereof the following: To amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions applicable to social services, so as to authorize the Department of Human Services to provide a separate link or portal on its website providing kinship caregivers with information and access necessary to apply for public assistance benefits; to amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia
3608
JOURNAL OF THE HOUSE
By deleting "to provide for legislative findings;" on line 16.
By deleting lines 21 through 243 and inserting in lieu thereof the following: Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions applicable to social services, is amended by adding a new Code section to read as follows:
"49-1-8. (a) As used in this Code section, the term:
(1) 'Basic necessities' means water, electricity, gas, power, light, heat, telephone, or other public utility services. (2) 'Child' means any person under 18 years of age. (3) 'Kinship caregiver' means a grandparent, aunt, uncle, great aunt, great uncle, cousin, sibling, or close family friend of a child who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the parents of such child losing or abdicating the ability to care for or provide basic necessities for such child. (4) 'Parents' means the legal father and the legal mother of a child. (b) The department shall have the authority to provide and shall take all necessary steps to so provide a separate link or portal on its website which provides access to social services that are specific to kinship caregivers and the children in their care. Such link or portal shall provide specific information and access for applying for public assistance benefits in this state as a kinship caregiver and on behalf of children in the care of a kinship caregiver."
Representative Abrams of the 89th moved that the House agree to the Senate substitute, as amended by the House, to HB 962.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway
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 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Jones, S
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 Y Taylor, D Y Taylor, T Y Teasley
TUESDAY, MARCH 22, 2016
3609
Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
N Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw E 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 162, nays 2.
The motion prevailed.
HB 1036. By Representatives Hitchens of the 161st, Stephens of the 164th, Petrea of the 166th, Williams of the 168th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 22 of the O.C.G.A., relating to the exercise of power of eminent domain for special purposes, so as to change certain provisions relating to the exercise of power of eminent domain for construction of petroleum pipelines and the environmental permitting requirements for petroleum pipelines; to enact a temporary moratorium on the use of eminent domain for construction of petroleum pipelines and the permitting for construction of such pipelines so that a commission of elected officials and field experts can conduct a detailed study; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of power of eminent domain for special purposes, so as to change certain provisions relating to the exercise of power of eminent domain for construction of petroleum pipelines; to provide for legislative findings; to provide for definitions; to enact a temporary moratorium on the use of eminent domain powers for construction of
3610
JOURNAL OF THE HOUSE
petroleum pipelines so that a commission of elected officials and field experts can conduct a detailed study; to ensure the exercise of eminent domain powers by petroleum pipelines is carried out in a prudent and responsible manner consistent with this state's essential public interests; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the exercise of the power of eminent domain by pipeline companies for a certain period; to provide for an exception; to suspend the receipt of certain applications and the issuance of certain approvals; to move existing provisions relating to the use of the power of eminent domain for natural or artificial gas; 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 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of power of eminent domain for special purposes, is amended by revising Article 4, relating to the construction and operation of petroleum pipelines and gas pipelines, as follows:
"ARTICLE 4 Part 1
22-3-80. The General Assembly finds and declares that, based on an authorized study by the Petroleum Pipeline Study Committee created by the General Assembly, while petroleum pipelines are appropriate and valuable for use in the transportation of petroleum and petroleum products, there are certain problems and characteristics indigenous to such pipelines which require the enactment and implementation of special procedures and restrictions on petroleum pipelines and related facilities as a condition of the grant of the power of eminent domain to petroleum pipeline companies. With respect to the siting and regulation of petroleum pipelines in this state, the General Assembly finds that:
(1) The natural resources, environment, and vital areas of the state are of utmost importance to the state and its citizens and the State of Georgia has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (2) State law presently grants pipeline companies the power to acquire property or interests in property through the use of eminent domain; (3) The procedures that pipeline companies are required to use to exercise such statutory powers of eminent domain have not been reviewed since the Petroleum Pipeline Study Committee created in an Act approved March 24, 1994 (Ga. L. 1994, p. 229) and abolished on January 1, 1995, studied the issue;
TUESDAY, MARCH 22, 2016
3611
(4) Technology has significantly advanced in the past decade and the pipeline industry has also changed; (5) The vitally important issue of land use impacts associated with pipelines that are presently in use and being developed for future use merits a detailed study by elected officials and experts in this field to ensure that the exercise of eminent domain by pipeline companies is carried out in a prudent and responsible manner consistent with this state's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; and (6) A temporary moratorium on the exercise of eminent domain powers of pipeline companies through June 30, 2017, would provide the General Assembly with time to study the need for any changes to land use controls or restrictions related to pipeline companies seeking to deliver petroleum to residents of this state or other states, including but not limited to those related to siting of pipelines, and to assess various proposals relating to the eminent domain powers that pipeline companies presently enjoy, the issuance of certain environmental permits to pipeline companies, and the enactment of additional laws to ensure the consistency of pipeline development and operation with the state's land use goals and standards.
22-3-81. As used in this article, the term:
(1) 'Commission' means the State Commission on Petroleum Pipelines created pursuant to Code Section 22-3-82. (1)(2) 'Pipeline' means a pipeline constructed or to be constructed as a common carrier in interstate or intrastate commerce for the transportation of petroleum or petroleum products in or through this state. (2)(3) 'Pipeline company' means a corporation organized under the laws of this state or which is organized under the laws of another state and is authorized to do business in this state and which is specifically authorized by its charter or articles of incorporation to construct and operate pipelines for the transportation of petroleum and petroleum products. (3)(4) 'Pipeline facility' or 'pipeline facilities' means and includes the pipeline and all equipment or facilities, including lateral lines, essential to the operation of the pipeline but shall not include any storage tank or storage facility which is not being constructed as a part of the operation of the pipeline.
22-3-82. There is created the State Commission on Petroleum Pipelines to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; three members of the Senate to be appointed by the President of the Senate; the director of the Environmental Protection Division of the Department of Natural Resources or his or her designee; the commissioner of community affairs or his or her designee; and five members to be appointed by the Governor, including one member who shall represent the petroleum industry and four members who shall
3612
JOURNAL OF THE HOUSE
represent a cross section of the interests of local government, business, agriculture, and conservation. The Speaker of the House of Representatives and the President of the Senate shall each select a cochairperson. The cochairpersons shall call all meetings of the commission. Administrative support for the commission shall be provided by the staff of the Office of Planning and Budget, the staff of the Environmental Protection Division of the Department of Natural Resources, or the staff of the Department of Community Affairs, as appropriate.
22-3-83. (a) The commission shall perform the following by December 31, 2016:
(1) Examine the impacts on land associated with pipeline siting, construction, and operation, including impacts associated with potential leaks and spills; (2) Examine the current legal and regulatory structure pertinent to the protection of land uses and natural resources from impacts associated with pipeline siting, construction, and operation; (3) Examine the purposes behind and necessity of, if any, Part 2 of this article and the grant therein of eminent domain powers to pipeline companies and the siting procedures therein and weigh those with the rights of property owners affected by the use of such eminent domain powers; (4) Consider the extent to which the powers granted pipeline companies under Part 2 of this article, and more broadly the existing legal and regulatory system pertinent to the siting, construction, and operation of pipelines, are consistent with and implement Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (5) Consider legal and regulatory mechanisms by which the eminent domain powers of pipeline companies can be appropriately restricted or controlled in order to ensure siting of pipelines that is consistent with current state and local land use policies and the protection of natural resources; (6) Consider whether any changes to the siting procedures in this article are necessary to protect the residents of this state in consideration of whether the pipeline is delivering petroleum to customers inside or outside this state; (7) Prepare a report summarizing the findings of the commission and submit such report to the President of the Senate and the Speaker of the House of Representatives and to the chairpersons of each of the standing committees of the Senate and of the House of Representatives which regularly consider proposed legislation related to transportation, energy, or natural resources; and (8) Recommend to the General Assembly proposed legislation as necessary to accomplish the continuing goal of ensuring that pipeline siting, construction, and operation are consistent with and implement the State of Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas and to best serve the residents of this state.
TUESDAY, MARCH 22, 2016
3613
(b) The legislative members of the commission shall be entitled to receive the compensation and allowances provided for in Code Section 28-1-8. 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 may be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. Members of the commission 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 457-21, as well as the mileage or transportation allowance authorized for state employees, and the funds for payment thereof shall come from funds of the Department of Natural Resources. (c) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this part. (d) The commission shall stand abolished on January 1, 2017.
Part 2
22-3-85. (a)(1) The powers of eminent domain granted by this part to pipeline companies shall be temporarily suspended starting from the effective date of this Code section through and including June 30, 2017, in order to allow the commission to complete its report and recommendations and to allow the General Assembly to act on those recommendations during the 2017 legislative session. (2) Between the effective date of this Code section and June 30, 2017: (A) No pipeline company shall exercise any eminent domain powers under this part, including, without limitation, condemning any property through the exercise of eminent domain; (B) The commissioner of transportation shall not accept any applications for or issue any certificates of public convenience and necessity provided for in Code Section 22-3-87; (C) The Environmental Protection Division of the Department of Natural Resources shall not accept any applications for or issue any permits provided for in Code Section 22-3-88; and (D) No state officer, official, or employee or any state agency, department, commission, or committee shall issue any approval, permit, or document necessary for the construction of a pipeline, including, but not limited to, the granting of any easement, deed, license. or permission to cross over, under, or through any: (i) Body of water, state wildlife management areas, heritage or historic preserve areas, or historical sites within this state; (ii) Area of Particular Concern as set out in the State of Georgia Coastal Management Program as such existed on January 1, 2016; or
3614
JOURNAL OF THE HOUSE
(iii) Public road of the state highway system. (b) The temporary suspension of the power of eminent domain provided in subsection (a) of this Code section and temporary suspension of the issuance of approvals, permits, or documents provided in subparagraph (D) of paragraph (2) of subsection (a) of this Code section shall not apply to acquisitions, approvals, permits, or documents for the purposes of:
(1) Maintaining an existing pipeline facility in place; (2) Replacing lines within 200 feet of an existing pipeline facility; or (3) Relocating temporary work space for repairs of an existing pipeline facility. For purposes of this subsection, the term 'existing pipeline facility' means a pipeline facility constructed and in use prior to January 1, 2016.
22-3-82 22-3-86. (a) Subject to the provisions and restrictions of this article part, pipeline companies are granted the right power to acquire property or interests in property by eminent domain for the construction, reconstruction, operation, and maintenance of pipelines in this state; provided, however, that prior to instigating eminent domain proceedings or threatening to do so, the pipeline company shall cause to be delivered to each landowner whose property may be condemned a written notice containing the following language in boldface type:
'CODE SECTIONS 22-3-80 22-3-86 THROUGH 22-3-87 22-3-91 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY EXERCISE THE RIGHT TO CONDEMN YOUR PROPERTY. THOSE CODE SECTIONS ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD MAKE YOURSELF FAMILIAR WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR TO CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM PIPELINE COMPANY.' (b) The restrictions and conditions imposed by this article part on the exercise of the power of eminent domain by petroleum pipeline companies shall not apply to relocations of pipelines necessitated by the exercise of a legal right by a third party or to any activities incident to the maintenance of an existing pipeline or existing pipeline right of way. A pipeline company shall have a right of reasonable access to property proposed as the site of a pipeline for the purpose of conducting a survey of the surface of such property for use in determining the suitability of such property for placement of a pipeline. (c) After obtaining the certificate of convenience and necessity provided for in Code Section 22-3-83 22-3-87 and after complying with the notice requirements set forth in subsection (a) of this Code section, a pipeline company shall have a right of reasonable access to any property proposed as the site of a pipeline for the purpose of conducting additional surveying which may be necessary in preparing its submission to the Department of Natural Resources as provided for in Code Section 22-3-84 22-3-88.
TUESDAY, MARCH 22, 2016
3615
(d) The owner of any property or property interest which is entered by a pipeline company for the purpose of surveying such property, as allowed in this Code section, or for access to or maintenance or relocation of an existing pipeline shall have the right to be compensated for any damage to such property incident to such entry. Any survey conducted pursuant to this article part shall be conducted in such a fashion as to cause minimal damage to the property surveyed.
22-3-83 22-3-87. (a) Before exercising the right power of eminent domain as authorized in this article part, a pipeline company shall first obtain from the commissioner of transportation or the commissioner's designee a certificate of public convenience and necessity that such action by the pipeline company is authorized. Such certificate shall not be unreasonably withheld. (b) The commissioner of transportation shall prescribe regulations pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relative to the requirements for obtaining a certificate of public convenience and necessity which shall include:
(1) A requirement that the application for such certificate shall include a description of the proposed project including its general route, a description of the public convenience and necessity which support the proposed pipeline route, the width of the proposed pipeline corridor up to a maximum width of one-third mile, and a showing that use of the power of eminent domain may be necessary to for construction of the pipeline, and a showing that the public necessity for the petroleum pipeline justifies the use of the power of eminent domain; (2) A provision for reasonable public notice of the application and the proposed route; (3) Provision for a hearing on the application and the filing and hearing of any objections to such application; (4) A requirement that all hearings shall be held and a final decision rendered on any application not later than 90 days from the date of the publication of notice required in paragraph (2) of this subsection; and (5) Such other reasonable requirements as shall be deemed necessary or desirable to a proper determination of the application. (c) In the event the application is not approved or denied within the time period provided for in paragraph (4) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law. (d) The approval and issuance of the certificate of public convenience and necessity shall not be subject to review. The denial of the certificate may be reviewed by a judge of the superior court of the county in which the pipeline company has an agent and place of doing business. The review shall be by petition filed within 30 days of the date of disapproval of the application and shall be determined on the basis of the record before the commissioner of transportation. The action of the commissioner of transportation shall be affirmed if supported by substantial evidence.
3616
JOURNAL OF THE HOUSE
22-3-84 22-3-88. (a) In addition to obtaining a certificate as required in Code Section 22-3-83 22-3-87, a pipeline company shall, prior to the exercise of the power of eminent domain, obtain a permit from the director of the Environmental Protection Division of the Department of Natural Resources as provided in this Code section. (b) The Board of Natural Resources shall, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' issue rules and regulations governing the obtaining of the permit provided for in subsection (a) of this Code section which shall include:
(1) Reasonable public notice to an owner of property who, after reasonable efforts, cannot personally be given the notice in subsection (a) of Code Section 22-3-82 22-386; (2) Reasonable public notice of the filing of an application for a permit; (3) Provisions for hearings on all applications for such permits; and (4) A requirement that no such permit shall be granted by the division unless, prior to the construction of any portion of the petroleum pipeline project for which the use of the power of eminent domain may be required, the pipeline company has submitted the proposed siting of such portion of the pipeline project to the division with appropriate notices thereof to affected parties and unless the division director determines after a hearing that the location, construction, and maintenance of such portion of the pipeline is are consistent with and not an undue hazard to the environment and natural resources of this state, determined in accordance with the factors set forth in subsection (c) of this Code section. (c) In making the decision required by paragraph (4) of subsection (b) of this Code section, the director shall determine: (1) Whether the proposed route of such portion of the pipeline is an environmentally reasonable route; (2) Whether other corridors of public utilities already in existence may reasonably be used for the siting of such portion of the pipeline; (3) The existence of any local zoning ordinances and that such portion of the project will comply with those ordinances unless to require such compliance would impose an unreasonable burden on the project as weighed against the purpose of such ordinances; (4) That ample opportunity has been afforded for public comment, specifically including but not limited to comment by the governing body of any municipality or county within which the proposed project or any part thereof is to be located; and (5) Such reasonable conditions to the permit as will allow the monitoring of the effect of the petroleum pipeline upon the property subjected to eminent domain and the surrounding environment and natural resources. (d) In the event an application under this Code section is not approved or denied within 120 days of the date of the publication of notice required in paragraph (2) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law.
TUESDAY, MARCH 22, 2016
3617
22-3-85 22-3-89. All hearings and appeals on applications for certificates and permits required under this article part shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' provided that if the final decision of the Administrative Law Judge on any appeal is not rendered within 120 days from the date of filing of a petition for review, the decision of the director shall be affirmed by operation of law; and provided further that judicial review of the approval or denial of an application under Code Section 22-3-84 22-3-88 shall be governed by Code Section 12-2-1.
22-3-86 22-3-90. When a pipeline company which has obtained the certification and permits required in this article part is unable to acquire the property or interest required for such certified or permitted project after reasonable negotiation with the owner of such property or interest, the company may acquire such property or interest by the use of the condemnation procedures authorized by Chapter 2 of this title.
22-3-87 22-3-91. If the portion of the petroleum pipeline route chosen and approved pursuant to Code Section 22-3-84 22-3-88 unreasonably impacts any other property of the same owner which is not acquired by eminent domain as a part of such portion of the project, there shall be a right of compensation available under the laws of eminent domain for the fair market value of any such damage upon the trial of the case of the parcel taken.
22-3-88. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in the State of Georgia."
SECTION 2. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 4A
22-3-95. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in this state."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
3618
JOURNAL OF THE HOUSE
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Hitchens of the 161st moved that the House agree to the Senate substitute to HB 1036.
The following amendment was read:
Representatives Parsons of the 44th and Martin of the 49th offer the following amendment:
Amend the Senate substitute to HB 1036 (HB1036/SCSFA/1) by deleting lines 1 through 319 and inserting in lieu thereof the following: To amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of power of eminent domain for special purposes, so as to change certain provisions relating to the exercise of power of eminent domain for construction of petroleum pipelines; to provide for legislative findings; to provide for definitions; to enact a temporary moratorium on the use of eminent domain powers for construction of petroleum pipelines so that a commission of elected officials and field experts can conduct a detailed study; to ensure the exercise of eminent domain powers by petroleum pipelines is carried out in a prudent and responsible manner consistent with this state's essential public interests; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the exercise of the power of eminent domain by pipeline companies for a certain period; to provide for an exception; to move existing provisions relating to the use of the power of eminent domain for natural or artificial gas; to provide for applicability; 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 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of power of eminent domain for special purposes, is amended by revising Article 4, relating to the construction and operation of petroleum pipelines and gas pipelines, as follows:
"ARTICLE 4 Part 1
22-3-80. The General Assembly finds and declares that, based on an authorized study by the Petroleum Pipeline Study Committee created by the General Assembly, while
TUESDAY, MARCH 22, 2016
3619
petroleum pipelines are appropriate and valuable for use in the transportation of petroleum and petroleum products, there are certain problems and characteristics indigenous to such pipelines which require the enactment and implementation of special procedures and restrictions on petroleum pipelines and related facilities as a condition of the grant of the power of eminent domain to petroleum pipeline companies. With respect to the siting and regulation of petroleum pipelines in this state, the General Assembly finds that:
(1) The natural resources, environment, and vital areas of the state are of utmost importance to the state and its citizens and the State of Georgia has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (2) State law presently grants pipeline companies the power to acquire property or interests in property through the use of eminent domain; (3) The procedures that pipeline companies are required to use to exercise such statutory powers of eminent domain have not been reviewed since the Petroleum Pipeline Study Committee created in an Act approved March 24, 1994 (Ga. L. 1994, p. 229) and abolished on January 1, 1995, studied the issue; (4) Technology has significantly advanced in the past decade and the pipeline industry has also changed; (5) The vitally important issue of land use impacts associated with pipelines that are presently in use and being developed for future use merits a detailed study by elected officials and experts in this field to ensure that the exercise of eminent domain by pipeline companies is carried out in a prudent and responsible manner consistent with this state's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; and (6) A temporary moratorium on the exercise of eminent domain powers of pipeline companies through June 30, 2017, would provide the General Assembly with time to study the need for any changes to land use controls or restrictions related to pipeline companies seeking to deliver petroleum to residents of this state or other states, including but not limited to those related to siting of pipelines, and to assess various proposals relating to the eminent domain powers that pipeline companies presently enjoy, the issuance of certain environmental permits to pipeline companies, and the enactment of additional laws to ensure the consistency of pipeline development and operation with the state's land use goals and standards.
22-3-81. As used in this article, the term:
(1) 'Commission' means the State Commission on Petroleum Pipelines created pursuant to Code Section 22-3-82. (1)(2) 'Pipeline' means a pipeline constructed or to be constructed as a common carrier in interstate or intrastate commerce for the transportation of petroleum or petroleum products in or through this state.
3620
JOURNAL OF THE HOUSE
(2)(3) 'Pipeline company' means a corporation organized under the laws of this state or which is organized under the laws of another state and is authorized to do business in this state and which is specifically authorized by its charter or articles of incorporation to construct and operate pipelines for the transportation of petroleum and petroleum products. (3)(4) 'Pipeline facility' or 'pipeline facilities' means and includes the pipeline and all equipment or facilities, including lateral lines, essential to the operation of the pipeline but shall not include any storage tank or storage facility which is not being constructed as a part of the operation of the pipeline.
22-3-82. There is created the State Commission on Petroleum Pipelines to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; three members of the Senate to be appointed by the President of the Senate; the commissioner of natural resources or his or her designee; the commissioner of community affairs or his or her designee; and five members to be appointed by the Governor, including one member who shall represent the petroleum industry and four members who shall represent a cross section of the interests of local government, business, agriculture, and conservation. The Speaker of the House of Representatives and the President of the Senate shall each select a cochairperson. The cochairpersons shall call all meetings of the commission. Administrative support for the commission shall be provided by the staff of the Office of Planning and Budget, the staff of the Department of Natural Resources, or the staff of the Department of Community Affairs, as appropriate.
22-3-83. (a) The commission shall perform the following by December 31, 2016:
(1) Examine the impacts on land associated with pipeline siting, construction, and operation, including impacts associated with potential leaks and spills; (2) Examine the current legal and regulatory structure pertinent to the protection of land uses and natural resources from impacts associated with pipeline siting, construction, and operation; (3) Examine the purposes behind and necessity of, if any, Part 2 of this article and the grant therein of eminent domain powers to pipeline companies and the siting procedures therein and weigh those with the rights of property owners affected by the use of such eminent domain powers; (4) Consider the extent to which the powers granted pipeline companies under Part 2 of this article, and more broadly the existing legal and regulatory system pertinent to the siting, construction, and operation of pipelines, are consistent with and implement Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (5) Consider legal and regulatory mechanisms by which the eminent domain powers of pipeline companies can be appropriately restricted or controlled in order to ensure
TUESDAY, MARCH 22, 2016
3621
siting of pipelines that is consistent with current state and local land use policies and the protection of natural resources; (6) Consider whether any changes to the siting procedures in this article are necessary to protect the residents of this state in consideration of whether the pipeline is delivering petroleum to customers inside or outside this state; (7) Prepare a report summarizing the findings of the commission and submit such report to the President of the Senate and the Speaker of the House of Representatives and to the chairpersons of each of the standing committees of the Senate and of the House of Representatives which regularly consider proposed legislation related to transportation, energy, or natural resources; and (8) Recommend to the General Assembly proposed legislation as necessary to accomplish the continuing goal of ensuring that pipeline siting, construction, and operation are consistent with and implement the State of Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas and to best serve the residents of this state. (b) The legislative members of the commission shall be entitled to receive the compensation and allowances provided for in Code Section 28-1-8. 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 may be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. Members of the commission 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 457-21, as well as the mileage or transportation allowance authorized for state employees, and the funds for payment thereof shall come from funds of the Department of Natural Resources. (c) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this part. (d) The commission shall stand abolished on January 1, 2017.
Part 2
22-3-85. (a)(1) The powers of eminent domain granted by this part to pipeline companies shall be temporarily suspended starting from the effective date of this Code section through and including June 30, 2017, in order to allow the commission to complete its report and recommendations and to allow the General Assembly to act on those recommendations during the 2017 legislative session. (2) Between the effective date of this Code section and June 30, 2017:
3622
JOURNAL OF THE HOUSE
(A) No pipeline company shall exercise any eminent domain powers under this part, including, without limitation, condemning any property through the exercise of eminent domain; (B) The commissioner of transportation shall not accept any applications for or issue any certificates of public convenience and necessity provided for in Code Section 22-3-87; and (C) The Environmental Protection Division of the Department of Natural Resources shall not accept any applications for or issue any permits provided for in Code Section 22-3-88. (b) The temporary suspension of the power of eminent domain provided in subsection (a) of this Code section shall not apply to acquisitions for the purpose of establishing the right to maintain an existing pipeline in place or to acquisitions within 200 feet of an existing pipeline for purposes of line replacements or relocations or for purposes of temporary work space for repairs of existing pipelines.
22-3-82 22-3-86. (a) Subject to the provisions and restrictions of this article part, pipeline companies are granted the right power to acquire property or interests in property by eminent domain for the construction, reconstruction, operation, and maintenance of pipelines in this state; provided, however, that prior to instigating eminent domain proceedings or threatening to do so, the pipeline company shall cause to be delivered to each landowner whose property may be condemned a written notice containing the following language in boldface type:
'CODE SECTIONS 22-3-80 22-3-86 THROUGH 22-3-87 22-3-91 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY EXERCISE THE RIGHT TO CONDEMN YOUR PROPERTY. THOSE CODE SECTIONS ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD MAKE YOURSELF FAMILIAR WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR TO CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM PIPELINE COMPANY.' (b) The restrictions and conditions imposed by this article part on the exercise of the power of eminent domain by petroleum pipeline companies shall not apply to relocations of pipelines necessitated by the exercise of a legal right by a third party or to any activities incident to the maintenance of an existing pipeline or existing pipeline right of way. A pipeline company shall have a right of reasonable access to property proposed as the site of a pipeline for the purpose of conducting a survey of the surface of such property for use in determining the suitability of such property for placement of a pipeline. (c) After obtaining the certificate of convenience and necessity provided for in Code Section 22-3-83 22-3-87 and after complying with the notice requirements set forth in subsection (a) of this Code section, a pipeline company shall have a right of reasonable
TUESDAY, MARCH 22, 2016
3623
access to any property proposed as the site of a pipeline for the purpose of conducting additional surveying which may be necessary in preparing its submission to the Department of Natural Resources as provided for in Code Section 22-3-84 22-3-88. (d) The owner of any property or property interest which is entered by a pipeline company for the purpose of surveying such property, as allowed in this Code section, or for access to or maintenance or relocation of an existing pipeline shall have the right to be compensated for any damage to such property incident to such entry. Any survey conducted pursuant to this article part shall be conducted in such a fashion as to cause minimal damage to the property surveyed.
22-3-83 22-3-87. (a) Before exercising the right power of eminent domain as authorized in this article part, a pipeline company shall first obtain from the commissioner of transportation or the commissioner's designee a certificate of public convenience and necessity that such action by the pipeline company is authorized. Such certificate shall not be unreasonably withheld. (b) The commissioner of transportation shall prescribe regulations pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relative to the requirements for obtaining a certificate of public convenience and necessity which shall include:
(1) A requirement that the application for such certificate shall include a description of the proposed project including its general route, a description of the public convenience and necessity which support the proposed pipeline route, the width of the proposed pipeline corridor up to a maximum width of one-third mile, and a showing that use of the power of eminent domain may be necessary to for construction of the pipeline, and a showing that the public necessity for the petroleum pipeline justifies the use of the power of eminent domain; (2) A provision for reasonable public notice of the application and the proposed route; (3) Provision for a hearing on the application and the filing and hearing of any objections to such application; (4) A requirement that all hearings shall be held and a final decision rendered on any application not later than 90 days from the date of the publication of notice required in paragraph (2) of this subsection; and (5) Such other reasonable requirements as shall be deemed necessary or desirable to a proper determination of the application. (c) In the event the application is not approved or denied within the time period provided for in paragraph (4) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law. (d) The approval and issuance of the certificate of public convenience and necessity shall not be subject to review. The denial of the certificate may be reviewed by a judge of the superior court of the county in which the pipeline company has an agent and place of doing business. The review shall be by petition filed within 30 days of the date of disapproval of the application and shall be determined on the basis of the record
3624
JOURNAL OF THE HOUSE
before the commissioner of transportation. The action of the commissioner of transportation shall be affirmed if supported by substantial evidence.
22-3-84 22-3-88. (a) In addition to obtaining a certificate as required in Code Section 22-3-83 22-3-87, a pipeline company shall, prior to the exercise of the power of eminent domain, obtain a permit from the director of the Environmental Protection Division of the Department of Natural Resources as provided in this Code section. (b) The Board of Natural Resources shall, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' issue rules and regulations governing the obtaining of the permit provided for in subsection (a) of this Code section which shall include:
(1) Reasonable public notice to an owner of property who, after reasonable efforts, cannot personally be given the notice in subsection (a) of Code Section 22-3-82 22-386; (2) Reasonable public notice of the filing of an application for a permit; (3) Provisions for hearings on all applications for such permits; and (4) A requirement that no such permit shall be granted by the division unless, prior to the construction of any portion of the petroleum pipeline project for which the use of the power of eminent domain may be required, the pipeline company has submitted the proposed siting of such portion of the pipeline project to the division with appropriate notices thereof to affected parties and unless the division director determines after a hearing that the location, construction, and maintenance of such portion of the pipeline is are consistent with and not an undue hazard to the environment and natural resources of this state, determined in accordance with the factors set forth in subsection (c) of this Code section. (c) In making the decision required by paragraph (4) of subsection (b) of this Code section, the director shall determine: (1) Whether the proposed route of such portion of the pipeline is an environmentally reasonable route; (2) Whether other corridors of public utilities already in existence may reasonably be used for the siting of such portion of the pipeline; (3) The existence of any local zoning ordinances and that such portion of the project will comply with those ordinances unless to require such compliance would impose an unreasonable burden on the project as weighed against the purpose of such ordinances; (4) That ample opportunity has been afforded for public comment, specifically including but not limited to comment by the governing body of any municipality or county within which the proposed project or any part thereof is to be located; and (5) Such reasonable conditions to the permit as will allow the monitoring of the effect of the petroleum pipeline upon the property subjected to eminent domain and the surrounding environment and natural resources.
TUESDAY, MARCH 22, 2016
3625
(d) In the event an application under this Code section is not approved or denied within 120 days of the date of the publication of notice required in paragraph (2) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law.
22-3-85 22-3-89. All hearings and appeals on applications for certificates and permits required under this article part shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' provided that if the final decision of the Administrative Law Judge on any appeal is not rendered within 120 days from the date of filing of a petition for review, the decision of the director shall be affirmed by operation of law; and provided further that judicial review of the approval or denial of an application under Code Section 22-3-84 22-3-88 shall be governed by Code Section 12-2-1.
22-3-86 22-3-90. When a pipeline company which has obtained the certification and permits required in this article part is unable to acquire the property or interest required for such certified or permitted project after reasonable negotiation with the owner of such property or interest, the company may acquire such property or interest by the use of the condemnation procedures authorized by Chapter 2 of this title.
22-3-87 22-3-91. If the portion of the petroleum pipeline route chosen and approved pursuant to Code Section 22-3-84 22-3-88 unreasonably impacts any other property of the same owner which is not acquired by eminent domain as a part of such portion of the project, there shall be a right of compensation available under the laws of eminent domain for the fair market value of any such damage upon the trial of the case of the parcel taken.
22-3-88. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in the State of Georgia."
SECTION 2. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 4A
22-3-95. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or
3626
JOURNAL OF THE HOUSE
artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in this state."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Burns of the 159th was excused from voting on HB 1036.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison N Atwood N Ballinger N Barr N Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton Y Beskin N Beverly N Blackmon
Broadrick Y Brockway N Bruce E Bryant N Buckner
Burns N Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson N Carter, A N Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H N Clark, V Y Coleman
E Cooke E Coomer Y Cooper N Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum N Efstration Y Ehrhart N England N Epps N Evans Y Fleming E Floyd N Fludd N Frazier N Frye N Gardner N Gasaway Y Gilligan N Glanton Y Golick N Gordon Y Gravley Y Greene
N Harden Y Harrell N Hatchett Y Hawkins N Henson N Hightower N Hitchens N Holcomb E Holmes N Houston N Howard Y Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L
Jones, S N Jordan N Kaiser
Kelley N Kendrick N Kidd Y Kirby N Knight N LaRiccia N Lott N Lumsden N Mabra
Marin Y Martin Y Maxwell N Mayo Y McCall E McClain N Meadows
Y Metze Y Mitchell N Morris N Mosby N Nimmer Y Nix N Oliver N Pak N Parrish Y Parsons N Peake N Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett N Quick Y Raffensperger Y Rakestraw N Ramsey Y Randall N Reeves N Rhodes Y Rice N Rogers, C N Rogers, T N Rutledge N Rynders N Scott Y Setzler N Sharper N Shaw E Sims
N Smith, E N Smith, L N Smith, M N Smith, R Y 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 Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites N Watson N Welch N Weldon N Werkheiser Y Wilkerson N Wilkinson Y Willard N Williams, A N Williams, C E Williams, E Y Williamson
Yates Ralston, Speaker
TUESDAY, MARCH 22, 2016
3627
On the adoption of the amendment, the ayes were 61, nays 101.
The amendment was lost.
On the motion that the House agree to the Senate substitute to HB 1036, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley N Benton N Beskin Y Beverly Y Blackmon
Broadrick N Brockway Y Bruce E Bryant Y Buckner
Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell N Carson Y Carter, A Y Carter, D N Casas E Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman
E Cooke E Coomer N Cooper Y Corbett Y Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson N 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 N Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton N Golick Y Gordon N Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard N Hugley Y Jackson Y Jasperse N Jones, J Y Jones, J.B. Y Jones, L
Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra
Marin N Martin N Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer N Nix Y Oliver Y Pak Y Parrish N Parsons Y Peake Y Petrea
Pezold N Pirkle Y Powell, A N Powell, J N Price Y Prince N Pruett N Quick N Raffensperger N Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes N Rice Y Rogers, C Y Rogers, T Y Rutledge N Rynders Y Scott N Setzler Y Sharper Y Shaw E Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R N 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 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 N Wilkerson Y Wilkinson N Willard Y Williams, A Y Williams, C E Williams, E N Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 116, nays 48.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
3628
JOURNAL OF THE HOUSE
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
HB 798. By Representatives Chandler of the 105th, Teasley of the 37th, Stovall of the 74th, Dudgeon of the 25th, Barr of the 103rd 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 for eligibility for Zell Miller Scholarships for home study students who receive certain scores on standardized college admission tests; to revise eligibility requirements for HOPE scholarships for entering freshmen students who are home study students regarding scores on standardized college admission tests; 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 879. By Representatives Taylor of the 79th, Reeves of the 34th, Stephens of the 164th, Beskin of the 54th and Marin of the 96th:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary educational programs, so as to provide for the issuance of a seal of biliteracy for high school graduates who have achieved a high level of proficiency in speaking, reading, and writing one or more languages in addition to English; to provide for criteria; to provide for participation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate action thereon:
TUESDAY, MARCH 22, 2016
3629
HB 727. By Representatives Battles of the 15th, Turner of the 21st, Parsons of the 44th, LaRiccia of the 169th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48 of the O.C.G.A., relating to taxation of consumer fireworks, so as to provide for local excise taxation of consumer fireworks and the collection of such excise tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to revise the standard of compliance from explosion to ignition; to provide for definitions; to provide that certain sparkling items are consumer fireworks; to revise provisions relating to the sale, use, or ignition of consumer fireworks; to revise the days, times, locations, situations, and circumstances in which consumer fireworks can be lawfully used or ignited; to revise places within this state where the use or ignition of consumer fireworks is prohibited; to create the criminal offense of using or igniting or causing to be ignited consumer fireworks while under the influence; to provide for criminal penalties; to revise the licensing standards and procedures which shall be applied by the Safety Fire Commissioner and the governing authorities of counties and municipal corporations toward distributors; to revise licensing fees; to expand enforcement and regulatory mechanisms of the Safety Fire Commissioner regarding fireworks and consumer fireworks; to provide for the forfeiture of fireworks and consumer fireworks contraband; to provide for criminal penalties; to provide for civil enforcement; 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 provide for further regulations by municipal corporations; 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:
3630
JOURNAL OF THE HOUSE
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, and additionally shall mean Roman candles. (2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for by NFPA 1124; provided, however, that such term shall not include a tent, canopy, or membrane structure. (3) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for by NFPA 1124. (4) 'Distributor' means any person, firm, corporation, association, or partnership which sells consumer fireworks. (4.1) 'Electric plant' shall have the same meaning as provided for in Code Section 463A-1. (5) '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, firecrackers, torpedos, skyrockets, 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. (6) '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. (7) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, any entity incorporated under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponsored organization of a public or private elementary or secondary school in this state. (8) '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. (9) 'Pyrotechnics' means fireworks.
TUESDAY, MARCH 22, 2016
3631
(10) 'Retail chain' means a person, firm, corporation, association, or partnership with more than one store, where all such stores are collectively known to the public by the same name or share central management. (11)(10) 'Store' shall have the same meaning as provided for by NFPA 1124; provided, however, that such term shall only include such buildings with at least 4,000 square feet of retail display space and wherefrom:
(A) No more than 25 percent of such retail display space is used for consumer fireworks and items or products as provided for under paragraph (2) of subsection (b) of this Code section; and (B) Other items or products which are not consumer fireworks or items or products as provided for under paragraph (2) of subsection (b) of this Code section are sold; and provided, further, that such term means a person, firm, corporation, association, or partnership with more than one mercantile location, where all such mercantile locations are collectively known to the public by the same name or share central management. (11) 'Waste-water treatment plant' shall have the same meaning as provided for in Code Section 43-51-2. (12) 'Water treatment plant' shall have the same meaning as provided for in Code Section 43-51-2. (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 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 ignite or cause to be exploded ignited, or to possess, manufacture, transport, or store any consumer fireworks or fireworks, except as otherwise provided in this chapter.
3632
JOURNAL OF THE HOUSE
(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 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 identification card authorized under Code Sections 40-5-100 through 40-5-104.
(3)(A) It shall be unlawful to use fireworks, consumer fireworks, or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors or within the right of way of a public road, street, highway, or railroad of this state. (B) Except as provided for in subparagraph (D) or (E) of this paragraph and subject to paragraph (4) of this subsection and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or explode ignite or cause to be exploded ignited any consumer fireworks on:
(i) On any day between beginning at the hours time of 10:00 A.M. and 12:00 Midnight only; provided, however, that it shall be lawful for any person, firm, corporation, association, or partnership to use or explode or cause to be exploded any consumer fireworks on January 1, July 3, July 4, and December 31 of each year between the hours of 12:00 Midnight and 2:00 A.M. up to and including the ending time of 10:00 P.M.; (ii) Until January 31, 2018, on any day after the time of 10:00 P.M. and up to and including the time of 11:59 P.M. if such use or ignition is lawful pursuant to any noise ordinance of the county or municipal corporation of the location in which such use or ignition occurs, except as otherwise provided for under this subparagraph; provided, however, that a county or municipal corporation may additionally require the issuance of a special use permit pursuant to subparagraph (D) of this paragraph for use or ignition; (iii) On January 1, July 3, July 4, and December 31 of each year after the time of 10:00 P.M. and up to and including the time of 11:59 P.M.; and (iv) On January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M. (C) Subject to subparagraph (D) of this paragraph, paragraph (4) of this subsection, and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or explode ignite or cause to be exploded ignited any consumer fireworks anywhere in this state except: (i) As provided for under subparagraph (A) of this paragraph;
TUESDAY, MARCH 22, 2016
3633
(ii) In any location where such person, firm, corporation, association, or partnership is not lawfully present or is not otherwise lawfully permitted to use or explode ignite or cause to be exploded ignited any consumer fireworks; or (iii) Within 100 yards of a nuclear power facility or an electric plant; water treatment plant; waste-water treatment plant; a facility engaged in the retail sale of gasoline or other flammable or combustible liquids or gases where the volume stored is in excess of 500 gallons for the purpose of retail sale; a facility engaged in the production, refining, processing, or blending of gasoline any flammable or combustible liquids or gases for such retail purposes; any public or private electric substation; or a jail or prison; (iv) Within 100 yards of the boundaries of any public use air facility provided for under Title 6 or any public use landing area or platform marked and designed for landing use by helicopters; (v) Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of a governing authority of a county or municipal corporation, except pursuant to a special use permit as provided for in subparagraph (D) of this paragraph; (vi) Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of the State of Georgia, except pursuant to any rules and regulations of the agency or department having control of such property which may allow for such use or ignition of consumer fireworks; (vii) Within 100 yards of a hospital, nursing home, or other health care facility regulated under Chapter 7 of Title 31; provided, however, that an owner or operator of such facility may use or ignite or cause to be ignited consumer fireworks on the property of such facility or may grant written permission to any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited consumer fireworks on the property of such facility; or (viii) While under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is less safe or unlawful for such person to ignite consumer fireworks as provided for in Code Section 25-10-2.1. (D) Any Until January 31, 2018, any person, firm, corporation, association, or partnership may use or explode ignite or cause to be exploded ignited any consumer fireworks on any day at a time not as provided for under subparagraph (B) of this paragraph divisions (3)(B)(ii) and (3)(C)(v) of this subsection if such person, firm, corporation, association, or partnership is issued a special use permit pursuant to the law of a governing authority of a county or municipal corporation for the use or explosion ignition of consumer fireworks in a location within such county or municipality at a time not as provided for under subparagraph (B) of this paragraph divisions (3)(B)(ii) and (3)(C)(v) of this subsection, provided that such special use permit is required for such use or ignition. Such special use permit shall designate the time or times and location that such person, firm, corporation, association, or partnership may use or explode ignite or cause to be exploded ignited such
3634
JOURNAL OF THE HOUSE
consumer fireworks. A fee assessed by a county or municipal corporation for the issuance of a special use permit pursuant to this subparagraph shall not exceed $100.00. No governing authority or official of a county, municipality, or other political subdivision shall bear liability for any decisions made pursuant to this Code section. (E) Whenever the Governor issues a declaration of drought, the Governor may, for the boundaries of the area covered by such declaration, enact further regulations and restrictions concerning the use of consumer fireworks than provided for under this chapter; provided, however, that no such further regulations or restrictions on the use of consumer fireworks shall be effective pursuant to this subparagraph on January 1, July 3, July 4, or December 31 of any year; provided, further, that such further regulations or restrictions shall only apply to the exact boundaries of the area covered by such declaration and shall only apply with regard to the ignition of consumer fireworks; and provided, further, that upon expiration or conclusion of such declaration, such further regulations or restrictions shall be rescinded by law. (4)(A) It shall be lawful for any person 18 years of age or older to use or explode ignite or cause to be exploded ignited or to possess, manufacture, transport, or store consumer fireworks. (B) To the extent otherwise permitted by law, it shall be lawful for any person who is 16 or 17 years of age to possess or transport consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1 and is not transporting such consumer fireworks on a highway which constitutes a part of The Dwight D. Eisenhower System of Interstate and Defense Highways. (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 pursuant to the requirements of this chapter. (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 distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1. (6)(A) It shall be lawful to sell consumer fireworks from a permanent consumer fireworks retail sales facility or store only if such permanent consumer fireworks retail sales facility or store is:
(i) In compliance with the requirements for such a permanent consumer fireworks retail sales facility or store in the selling of consumer fireworks as provided for in NFPA 1124; and (ii) Selling consumer fireworks of a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1; provided, however, that such permanent consumer fireworks retail sales facility or store shall not be considered an H-3 or hazardous occupancy.
TUESDAY, MARCH 22, 2016
3635
(B) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks retail sales stand only if such temporary consumer fireworks retail sales stand is:
(i) In compliance with the requirements for such a temporary consumer fireworks retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124; (ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political subdivision or a fire department connection of a building affiliated with such consumer fireworks retail sales stand, unless the chief administrative officer of the fire department of a county, municipality, or other political subdivision or chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority over such location of the temporary consumer fireworks retail sales stand provides in writing that such temporary consumer fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant or fire department connection; and (iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1. No A distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 shall at any one time operate more than two temporary consumer fireworks retail sales stands for each license issued to such distributor under subsection (b) or (d) of Code Section 25-10-5.1, except that a distributor which is a retail chain and which is licensed pursuant to subsection (d) of Code Section 25-10-5.1 shall not at any one time operate more than two temporary consumer fireworks retail sales stands for each store of such retail chain. Such temporary consumer fireworks retail sales stands shall be located within the same county as the location of such permanent consumer fireworks retail sales facility or store provided for under subsection (b) or (d) of Code Section 25-10-5.1; provided, however, that if a county does not have a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1 offering consumer fireworks for sale from a permanent consumer fireworks retail sales facility or store within its boundaries, then a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1 offering consumer fireworks for sale from a permanent consumer fireworks retail sales facility or store within 75 miles of the perimeter of the boundaries of such county may locate one of the two temporary consumer fireworks retail sales stands in the unserved county may operate no more than two temporary consumer fireworks retail sales stands in this state per location licensed pursuant to subsection (b) or (d) of Code Section 25-105.1; provided, however, that such distributor has been operating and open to the public pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 45 days prior to July 4 or December 31 in the year of an application for a license under subsection (c) of Code Section 25-10-5.1 that is filed within 45 days of July 4 or December 31. (C) It shall be unlawful to sell consumer fireworks from any motor vehicle, or from a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure."
3636
JOURNAL OF THE HOUSE
SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"25-10-2.1 (a) It shall be unlawful for any person to ignite consumer fireworks or fireworks while:
(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for such person to ignite consumer fireworks or fireworks; or (2) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in such person's blood or urine, or both, including the metabolites and derivatives of each or both, without regard to whether or not any alcohol is present in such person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of igniting consumer fireworks or fireworks safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor."
SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 25-10-3.2, relating to license required for pyrotechnics exhibits, as follows:
"(a) No person, firm, corporation, association, or partnership shall cause the combustion, explosion, deflagration, or detonation, or ignition of pyrotechnics for the purpose of a public exhibition or display before a proximate audience unless such person, firm, corporation, association, or partnership holds a valid license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire Commissioner."
SECTION 5. Said chapter is further amended by revising Code Section 25-10-5.1, relating to requirements for issuance of license to distribute consumer fireworks, as follows:
"25-10-5.1. (a)(1) A license pursuant to this Code section shall only be issued to a distributor that: (A) Complies with all the requirements of this chapter; and (B) 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 selling consumer fireworks.
TUESDAY, MARCH 22, 2016
3637
(2) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an application executed pursuant to this Code section shall be guilty of a violation of Code Section 16-10-20. (3) Applications to the Safety Fire Commissioner pursuant to this Code section shall be upon forms prescribed and promulgated by the Safety Fire Commissioner. (4) Any person, firm, corporation, association, or partnership seeking a license pursuant to subsection (b) or (d) of this Code section shall have property from which the applicant intends to sell consumer fireworks under such person's, firm's, corporation's, association's, or partnership's ownership or legal control through a lease, rental agreement, licensing agreement, or other contractual instrument at the time of filing the application for such license, and such property shall be in a condition ready for inspection. (b)(1) The initial license fee for a distributor selling consumer fireworks from a permanent consumer fireworks retail sales facility shall be $5,000.00 $2,000.00 per location, payable to the Safety Fire Commissioner. Upon a finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section and upon payment of such license fee, such initial license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such initial license shall expire on January 31 of the year after such initial license was issued or as otherwise provided for under this subsection. After such initial license, such distributor may annually renew such initial license, which shall then become an annual license, for $1,000.00 per year, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section and upon payment of such license fee, such annual license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such annual license shall expire on January 31 of each year or as otherwise provided for under this subsection; provided, however, that a distributor shall not apply for an annual license earlier than 30 days prior to the expiration of an initial license or renewal of an annual license by December 1 in the year preceding the expiration date of such initial or annual license; and provided, further, that if an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year. (2) The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 15 30 days of the submission of an application for any such initial or annual license; provided, however, that if a license will expire prior to the expiration of such 30 days and no such determination has been made by the Safety Fire Commissioner, then the expiration date for such license shall be extended until the date of such determination by the Safety Fire Commissioner but for no more than 30 days. Such application shall be in writing and, if the Safety Fire Commissioner provides for a written form for the application for a license pursuant to this Code
3638
JOURNAL OF THE HOUSE
section, upon such form as may be provided by the Safety Fire Commissioner. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the permanent consumer fireworks retail sales facility. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (c)(1) The license fee for a distributor selling consumer fireworks from a temporary consumer fireworks retail sales stand shall be $500.00 per location, payable to the governing authority of the county, municipality, or other political subdivision of this state in whose boundaries such temporary consumer fireworks retail sales stand shall be located or is proposed to be located. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section, has a license pursuant to subsection (b) or (d) of this Code section for a location applicable to the location of such temporary consumer fireworks retail sales stand as provided for in subparagraph (b)(6)(B) of Code Section 25-10-2, has no more than the allowable temporary consumer fireworks retail sales stands pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2, that the sales of consumer fireworks from such temporary consumer fireworks retail sales stand shall accrue to the benefit of a nonprofit group, and upon payment of such license fee, such license shall be issued by the fire department of the county, municipality, or other political subdivision or the chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority of the area in which such temporary consumer fireworks retail sales stand shall be located or is proposed to be located; provided, however, that no such license shall be issued prior to January 1, 2016. Such license shall identify the temporary consumer fireworks retail sales stand applicable to such license and shall expire 90 days on the next January 31 after the issuance of such license. (2) A determination by a fire department as provided for under paragraph (1) of this subsection of whether a distributor has met requirements for the issuance of a license pursuant to this subsection shall be made within 15 30 days of the submission of an application for any such license. Such application shall be in writing and, if such fire department provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by such fire department. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by such fire department, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the temporary consumer fireworks retail sales stand. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (3) A nonprofit group benefiting from the sale of consumer fireworks pursuant to this Code section shall directly participate in operating the temporary consumer fireworks retail sales stand. It shall be unlawful for a nonprofit group or any agent or bona fide
TUESDAY, MARCH 22, 2016
3639
representative of a nonprofit group to knowingly lend the name of the nonprofit group or allow the identity of the nonprofit group to be used for the license under this subsection if such nonprofit group is not directly participating in operating such temporary consumer fireworks retail sales stand. (4) The governing authority of a county, municipality, or other political subdivision receiving fees pursuant to this Code section shall expend such fees for public safety purposes. (5) A distributor licensed pursuant to this subsection shall submit a list of the names and addresses, including the counties, of each temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale pursuant to this Code section to the Safety Fire Commissioner. Such list shall be submitted by January 31 of each year and such distributor shall amend such list, or file an initial list if such distributor first becomes licensed after January 31 of a particular year, within 45 days of not less than 30 days prior to first having a temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale and not less than 30 days prior to having such distributor's consumer fireworks offered for sale at a location not previously included on such list. The Safety Fire Commissioner shall make such list publicly available for inspection. In making determinations as provided for under this subsection, fire departments shall reference the list provided for by this paragraph. (6) A revocation or suspension of a license provided for under subsection (b) or (d) of this Code section shall operate as a revocation or suspension of a distributor's license under this subsection for the term of such revocation or suspension. (d)(1) The initial license fee for a distributor selling consumer fireworks from a store shall be $5,000.00 $1,500.00 in addition to $250.00 per store location, payable to the Safety Fire Commissioner, provided that, if a store is a retail chain, one payment of $5,000.00 shall satisfy such license fee for each store of the retail chain. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section, such initial license shall be issued by the Safety Fire Commissioner and, if issued to a store which is a retail chain, shall be a license for each current or future store of the retail chain; provided, however, that such distributor has been operating and open to the public no less than 45 days prior to July 4 or December 31 in the year of an application for an initial license that is filed within 45 days of July 4 or December 31; and provided, further, that a distributor holding an initial license may add additional store locations to such license prior to the expiration of such license upon payment of $250.00 per added store location. Such initial license shall expire on January 31 of the year after such initial license was issued or as otherwise provided for under this subsection. After such initial license, such distributor may annually renew such initial license, which shall then become an annual license, for $1,000.00 in addition to $100.00 per year store location, payable to the Safety Fire Commissioner, provided that, if a store is a retail chain, one payment of $1,000.00 shall satisfy such license fee for each store of the retail chain; provided, however, that a distributor holding an annual license may add additional store
3640
JOURNAL OF THE HOUSE
locations to such license prior to the expiration of such license upon payment of $250.00 per added store location. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section, such annual license shall be issued by the Safety Fire Commissioner and, if issued to a store which is a retail chain, shall be a license for each current or future store of the retail chain. Such annual license shall expire on January 31 of each year or as otherwise provided for under this subsection; provided, however, that a distributor shall not apply for an annual license earlier than 30 days prior to the expiration of an initial license or renewal of an annual license by December 1 in the year preceding the expiration date of such initial or annual license; and provided, further, that if an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year. (2) An application submitted under this subsection shall identify each store location to which an initial or annual license is applicable; there shall not be a requirement for a separate application for each of the several store locations. The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 15 30 days of the submission of an application for any such initial or annual license; provided, however, that if a license will expire prior to the expiration of such 30 days and no such determination has been made by the Safety Fire Commissioner, then the expiration date for such license shall be extended until the date of such determination by the Safety Fire Commissioner but for no more than 30 days. Such application shall be in writing and, if the Safety Fire Commissioner provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by the Safety Fire Commissioner. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the store from which consumer fireworks will be sold. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection."
SECTION 6. Said chapter is further amended by revising Code Section 25-10-6, relating to fireworks manufactured, sold, or stored in violation of chapter declared contraband and seizure and disposition thereof, as follows:
"25-10-6. (a) The state fire marshal shall enforce the provisions of this chapter; provided, however, that, in addition, any law enforcement officer or agency of this state or political subdivision thereof may enforce provisions relating to using or igniting or causing to be ignited consumer fireworks. Applicable fire departments of a county, municipality, or other political subdivision or a chartered fire department shall refer cases for enforcement under subsection (c) of Code Section 25-10-5.1 to the state fire
TUESDAY, MARCH 22, 2016
3641
marshal. All fireworks or consumer 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 removed and destroyed or disposed of at the expense of the owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local police official. (b) Any property declared as contraband pursuant to this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 7. Said chapter is further amended by revising Code Section 25-10-9, relating to penalties for illegal sale of fireworks, as follows:
"25-10-9. Notwithstanding any provision of this chapter to the contrary, the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly violates this chapter may be punished by a fine not to exceed to a monetary penalty of up to $2,500.00 for each and every act in violation of this chapter; provided, however, that the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane structure to a monetary penalty of up to $5,000.00 and, if any such person, firm, corporation, association, or partnership is a distributor, then a license revocation for not more than two years. Each sales transaction in violation of this chapter shall be a separate offense."
SECTION 8. Said chapter is further amended by adding new Code sections to read as follows:
"25-10-11. (a) Whenever the Safety Fire Commissioner shall have reason to believe that any person is or has been violating any provisions of this chapter, the Safety Fire Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the person an order to cease and desist such violation. An order issued under this Code section shall be delivered in accordance with the provisions of subsection (c) of this Code section. (b) Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all licenses issued by the Safety Fire Commissioner for a period of not less than six months and not to exceed five years. If a new license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new license held by such person. In the case of an applicant for a license, violation of any provision of this title or regulations promulgated thereunder may constitute grounds for refusal of the application. Decisions under this subsection may be appealed as provided by law. (c) Any order issued by the Safety Fire Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which shall provide that a
3642
JOURNAL OF THE HOUSE
hearing will be held if and only if a person subject to the order requests a hearing in writing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Safety Fire Commissioner or his or her agent or by registered or certified mail or statutory overnight delivery, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law. (d) In addition to other powers granted to the Safety Fire Commissioner under this chapter, the Safety Fire Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Safety Fire Commissioner under this chapter.
25-10-12. (a) In addition to the grounds set forth in Code Section 25-10-11, it is cause for revocation or suspension, refusal, or nonrenewal by the Safety Fire Commissioner of any license issued under this chapter if it is determined that the licensee or applicant has:
(1) Failed to comply with all the requirements of this chapter or the rules and regulations promulgated pursuant thereto; (2) Failed to maintain the minimum insurance coverage as set forth in this chapter; (3) Made a material misstatement or misrepresentation or committed a fraud in obtaining or attempting to obtain a license; or (4) Failed to notify the Safety Fire Commissioner, in writing, with 30 days after a change of residence, principal business address, or name. (b) In addition to other grounds set forth in this Code section, the Safety Fire Commissioner shall not issue a new license under this chapter if the Safety Fire Commissioner finds that the circumstance or circumstances for which the license was previously suspended or revoked still exist or are likely to recur."
SECTION 9. 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 subsections (a), (b), (d), and (e) of Code Section 36-60-24, relating to sale or use or explosion of consumer fireworks products, as follows:
"(a) The governing authority of a county or municipal corporation shall not prohibit the sale or use or explosion ignition of consumer fireworks or other products or services which are lawful under subsection (b) of Code Section 25-10-1 Chapter 10 of Title 25, unless such prohibition is expressly authorized by general law. (b) If the sale of a product or service is regulated by Chapter 10 of Title 25, the governing authority of a county or municipal corporation shall not enact additional regulation of the sale or use or explosion ignition of such product or service, unless such additional regulation is expressly authorized by general law." "(d) Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county or municipal corporation may further regulate the sale of
TUESDAY, MARCH 22, 2016
3643
consumer fireworks from temporary consumer fireworks retail sales stands until January 31, 2018. (e) The governing authority of a county or municipal corporation shall not unreasonably delay or deny an application for a temporary consumer fireworks retail sales stand."
SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Battles of the 15th offers the following amendment:
Amend the Senate substitute to HB 727 (LC 41 0800S) by replacing line 124 with the following:
time of 10:00 P.M. if such use or ignition is lawful pursuant to any noise ordinance of the county or municipal corporation of the location in which such use or ignition occurs, except as otherwise provided for under this subparagraph;
By replacing lines 223 through 225 with the following: or (d) of Code Section 25-10-5.1.
Representative Battles of the 15th moved that the House agree to the Senate substitute, as amended by the House, to HB 727.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley N Benton Y Beskin Y Beverly Y Blackmon
E Cooke E 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 N Dukes N Dunahoo
Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens N Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B.
Y Metze Y Mitchell N Morris Y Mosby N Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold N Pirkle N 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 N Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D
3644
JOURNAL OF THE HOUSE
Broadrick N Brockway Y Bruce E Bryant N Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson N Carter, A N Carter, D N Casas E Chandler
Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman
N Duncan Y Ealum N Efstration N Ehrhart Y England N Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier N Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Jones, L E Jones, S Y Jordan N Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia N Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo N McCall E McClain Y Meadows
Y Price Y Prince N Pruett N Quick Y Raffensperger N Rakestraw N Ramsey Y Randall Y Reeves Y Rhodes
Rice N Rogers, C Y Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper Y Shaw E Sims
N Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E N Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon N Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 116, nays 47.
The motion prevailed.
HB 851. By Representative Atwood of the 179th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to require an annual audit of the financial affairs, books, and records of boards of trustees of the county law library; to provide for publication of such audit; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 851 (LC 41 0735S) by inserting after "audit;" on line 4 the following: to provide for intergovernmental sewer agreement allowances;
By inserting between lines 21 and 22 the following: SECTION 1A.
Code Section 36-30-1 of the Official Code of Georgia Annotated, relating to definitions, is amended by redesignating the existing text as subsection (a) and adding a new subsection (b) to read as follows: "(b) Any allowance made to a municipality related to its membership or participation in an intergovernmental agreement related to sewer operation shall apply and be allowed to
TUESDAY, MARCH 22, 2016
3645
all municipalities participating in the same intergovernmental agreement related to any metropolitan sewer operation."
The following amendment was read and adopted:
Representatives Caldwell of the 131st and Welch of the 110th offer the following amendment:
Amend the Senate amendment to HB 851 (AM 44 0022ER) by deleting all matter from said amendment from beginning to end and replacing with the following: By replacing lines 1 through 4 with the following: To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, and Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise the procedure for collecting law library fees; to revise the composition of the board of trustees; to revise the uses of excess funds by a county law library; to require an annual audit of the financial affairs, books, and records of boards of trustees of the county law library; to provide for publication of such audit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By replacing lines 7 and 8 with the following: Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by revising subsection (b) of Code Section 15-6-77, relating to fees and construction of other fee provisions, as follows:
"(b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect pursuant to Code Section 3615-9 and Code Section 15-6-77.4. The sums provided in this Code section are exclusive of costs for service of process or other additional sums as may be provided by law."
SECTION 2. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by revising Code Section 36-15-1, relating to board of trustees created in each county, composition, chairperson, and quorum, as follows:
"36-15-1. There is created in each county in this state a board to be known as the board of trustees of the county law library, hereafter referred to as the board. The board shall consist of the chief judge of the superior court of the circuit in which the county is located,; the judge of the probate court,; the senior judge of the state court, if any,; the district attorney of the circuit in which the county is located; a solicitor-general of the state court, if any,; the clerk of the superior court,; and two practicing attorneys of the county. The practicing attorneys shall be selected by the other trustees and shall serve at their pleasure. All of the trustees shall serve without pay. The chief judge of the
3646
JOURNAL OF THE HOUSE
superior court shall be chairperson of the board. A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board."
SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 36-15-7, relating to use of funds, as follows:
"(c) In the event the board of trustees determines in its discretion that it has excess funds, such funds as may be designated by the board of trustees shall be granted disbursed by the board of trustees to charitable tax exempt tax-exempt organizations which provide civil legal representation for low-income people; used to purchase software, equipment, fixtures, or furnishings for any office related to county judicial facilities or services, including, but not limited to, courtrooms and jury rooms; or. Any remaining excess funds shall be turned over to the county commissioners, and said funds shall be and used by the county commissioners for the purchase of software, equipment, fixtures, or and furnishings for the courthouse."
SECTION 4. Said chapter is further amended by revising subsection (f) of Code Section 36-15-9, relating to collection of additional costs in court cases, amount, determination of need as prerequisite to collection, and collection in certain criminal cases, as follows:
"(f) The sums provided for in subsection (a) of this Code section for actions, cases, or proceedings civil in nature which are filed in the superior courts shall be collected in accordance with the provisions of subsection (b) of Code Section 15-6-77 Reserved."
SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
By replacing line 12 with the following: by the county accountant as employed pursuant to Code Section 36-1-10; the internal auditor
By redesignating Section 2 as Section 6 and inserting between lines 22 and 23 the following: This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.
Representative Atwood of the 179th moved that the House agree to the Senate amendment, as amended by the House, to HB 851.
On the motion, the roll call was ordered and the vote was as follows:
TUESDAY, MARCH 22, 2016
3647
Y Abrams Y Alexander E Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
E Cooke E 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
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain Y Meadows
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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 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 E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 160, nays 0.
The motion prevailed.
HR 1113. By Representatives Willard of the 51st, Jones of the 47th, Burns of the 159th, Oliver of the 82nd, Meadows of the 5th and others:
A RESOLUTION proposing an amendment to the Constitution so as to abolish the existing Judicial Qualifications Commission; to require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
3648
JOURNAL OF THE HOUSE
The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to abolish the existing Judicial Qualifications Commission; to require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; to require the Judicial Qualifications Commission to have procedures that provide for due process of law; to provide for Supreme Court review of Judicial Qualifications Commission advisory opinions and procedures; to provide for the General Assembly by general law to allow the Judicial Qualifications Commission to be open to the public in some manner in conducting its business; 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. Section VII of Article VI of the Constitution is amended by revising Paragraph VI as follows:
"Paragraph VI. Judicial Qualifications Commission; power; composition. (a) The General Assembly shall by general law create and provide for the composition, manner of appointment, and governance of a Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges as provided by this Article shall be vested in the Judicial Qualifications Commission. It shall consist of seven members, as follows:
(1) Two judges of any court of record, selected by the Supreme Court; (2) Three members of the State Bar of Georgia who shall have been active status members of the state bar for at least ten years and who shall be elected by the board of governors of the state bar; and (3) Two citizens, neither of whom shall be a member of the state bar, who shall be appointed by the Governor. Appointments to the Judicial Qualifications Commission shall be subject to confirmation by the Senate as provided for by general law." (b) The procedures of the Judicial Qualifications Commission shall comport with due process. Such procedures and advisory opinions issued by the Judicial Qualifications Commission shall be subject to review by the Supreme Court. (c) The Judicial Qualifications Commission which existed on June 30, 2017, is hereby abolished."
SECTION 2. Article VI, Section VII, Paragraph VII of the Constitution is amended by revising subparagraph (4) of subparagraph (b) as follows:
TUESDAY, MARCH 22, 2016
3649
"(4)(A) The findings and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. (B) The findings and records of the commission shall not be open to the public except as provided by the General Assembly by general law."
SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES ( ) NO
Shall the Constitution of Georgia be amended so as to abolish the existing Judicial Qualifications Commission; require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; require the Judicial Qualifications Commission to have procedures that provide for due process of law and review by the Supreme Court of its advisory opinions; and allow the Judicial Qualifications Commission to be open to the public in some manner?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Representative Willard of the 51st moved that the House agree to the Senate substitute to HR 1113.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison
Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton N Bennett, K N Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
E Cooke E Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb E Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B.
N Metze Y Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J
N Smith, E Y Smith, L N 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 Y Tanner Y Tarvin Y Taylor, D
3650
JOURNAL OF THE HOUSE
Broadrick Y Brockway Y Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming E Floyd N Fludd N Frazier N Frye
Gardner Y Gasaway Y Gilligan Y Glanton Y Golick N Gordon Y Gravley Y Greene
N Jones, L E Jones, S N Jordan N Kaiser
Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra
Marin Y Martin Y Maxwell N Mayo Y McCall E McClain Y Meadows
Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw E Sims
Y Taylor, T Y Teasley Y 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 Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 120, nays 40.
The motion prevailed.
The following messages were 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 976. By Representatives Hitchens of the 161st, Willard of the 51st, Powell of the 32nd, Caldwell of the 131st, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to provide for minimum retention periods for video recordings from law enforcement surveillance devices, law enforcement body-worn devices, or devices located on or inside of a law enforcement vehicle; to provide for a definition; to provide for exceptions; to provide for presumptions, civil liability, and 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:
TUESDAY, MARCH 22, 2016
3651
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.
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 323. By Senators Dugan of the 30th, Jackson of the 24th, Miller of the 49th, Martin of the 9th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide for public disclosure not to be required for any documents pertaining to an economic development project by any agency; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 866. By Representatives Blackmon of the 146th, Smith of the 134th, Efstration of the 104th, Ramsey of the 72nd, Hawkins of the 27th and others:
A BILL to be entitled an Act to amend Chapter 50 of Title 33 of the Official Code of Georgia Annotated, relating to multiple employer self-insured health plans, so as to exempt multiple employer self-insured health plans from premium taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 987. By Representatives McCall of the 33rd and Powell of the 171st:
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
3652
JOURNAL OF THE HOUSE
to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1043. By Representatives Kelley of the 16th and Cooper of the 43rd:
A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to vaccine protocol agreements, so as to exempt activities conducted by a hospital or health system with respect to influenza vaccinations from certain requirements; to provide for conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1070. By Representatives Dempsey of the 13th, Houston of the 170th, Willard of the 51st, Thomas of the 39th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to permit the department to use certain information in the department's records concerning the adopted child's biological parents; 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 1052. By Representative Cheokas of the 138th:
A RESOLUTION honoring the life of Mr. Thomas William Poole and dedicating a bridge in his memory; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 773. By Representatives Houston of the 170th, Hatchett of the 150th, Rogers of the 29th, Battles of the 15th and Tankersley of the 160th:
A BILL to be entitled an Act to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to increase the outstanding bond limit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 897. By Representatives Price of the 48th, Cooper of the 43rd, Broadrick of the 4th, Lott of the 122nd, Kaiser of the 59th and others:
TUESDAY, MARCH 22, 2016
3653
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to the care and protection of indigent and elderly patients, so as to provide for the establishment and operation of a drug repository program to accept and dispense unused prescription drugs; to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to repeal the "Utilization of Unused Prescription Drugs Act"; to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., relating to medical assistance generally, so as to revise a provision for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Burns of the 159th moved that the House do now adjourn until 10:00 o'clock, A.M., Thursday, March 24, 2016, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Thursday, March 24, 2016.
3654
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Thursday, March 24, 2016
Fortieth 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 Belton Bennett, K Bennett, T Bentley Benton Beskin Beverly Blackmon Broadrick Brockway Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cannon Cantrell Carson Carter, A Carter, D Chandler Cheokas Clark, D Clark, H Clark, V
Coleman E Cooke
Coomer Corbett Deffenbaugh Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Gilligan Glanton Gordon Gravley Greene 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 Kendrick Kidd Kirby Knight LaRiccia Lott Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Metze Mitchell Morris Mosby Nimmer Nix Parrish Parsons Peake Petrea Pezold E Pirkle Powell, A Powell, J Price Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice 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 E 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 Casas of the 107th, Dawkins-Haigler of the 91st, Dempsey of the 13th, Golick of the 40th, Jordan of the 77th, Oliver of the 82nd, Pak of the 108th, Stephenson of the 90th, and Weldon of the 3rd.
THURSDAY, MARCH 24, 2016
3655
They wished to be recorded as present.
Prayer was offered by Reverend Asa Dockery, Pastor, World Harvest Church North, Blairsville, 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 communications were received:
House of Representatives Coverdell Legislative Office Building, Room 512
Atlanta, Georgia 30334
March 23, 2016
Good Afternoon:
Please change my vote for Senate Bill 327 from a vote of no to a vote of yes. Also, reflect the yes vote to Senate Bill 327 in the journal.
Thanking you in advance for your assistance.
Sincerely,
/s/ Michele Henson Rep. Michele Henson
3-22-16
HB 649 I would have voted yea.
Sharon Beasley-Teague Representative, District 65
Post Office Box 488 Red Oak, Georgia 30272
3656
JOURNAL OF THE HOUSE
HB 219 I would have voted yea.
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 1161. By Representatives Trammell of the 132nd, Clark of the 98th, Frye of the 118th, Holcomb of the 81st, Alexander of the 66th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting licenses, permits, and stamps generally, so as to convert the one-year honorary veterans license to a free lifetime license; to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions relative to game and fish, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1162. By Representative Harrell of the 106th:
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 prohibit sales of alcoholic beverages at public facilities on Sundays between the hours of 12:00 Midnight and 12:30 P.M.; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
THURSDAY, MARCH 24, 2016
3657
HR 1861. By Representatives Randall of the 142nd, Mosby of the 83rd, Bennett of the 94th and Stephenson of the 90th:
A RESOLUTION promoting policies to decrease the disproportionate access to home dialysis for minorities living with end stage renal disease; and for other purposes.
Referred to the Committee on Special Rules.
HR 1862. By Representative Drenner of the 85th:
A RESOLUTION creating the House Study Committee on Georgia Nuclear Energy Financing; and for other purposes.
Referred to the Committee on Special Rules.
HR 1888. By Representatives Kelley of the 16th, Powell of the 171st, Harrell of the 106th, Jasperse of the 11th, Battles of the 15th and others:
A RESOLUTION creating the House Study Committee on Inequity and Discrimination in the Georgia Revenue Code; and for other purposes.
Referred to the Committee on Special Rules.
HR 1891. By Representative Teasley of the 37th:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that no new sales and use, income, excise, or property tax and no increase in rate or amount of sales and use, income, excise, or property tax shall be enacted unless such new tax or increase in tax is approved by at least 60 percent of the members elected to each branch of the General Assembly in a roll-call vote; 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 Ways & Means.
HR 1892. By Representatives Gardner of the 57th and Douglas of the 78th:
A RESOLUTION expressing support for the strategic partnership between the United States of America and the Republic of Azerbaijan and acknowledging the strategic importance of the Republic of Azerbaijan; and for other purposes.
3658
JOURNAL OF THE HOUSE
Referred to the Committee on Governmental Affairs.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 1157 HB 1159 HR 1758
HB 1158 HB 1160 HR 1781
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 430 SB 432 SB 434 SB 436 SB 439
Do Pass Do Pass Do Pass Do Pass Do Pass
SB 431 SB 433 SB 435 SB 438
Do Pass Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 1326 Do Pass
Respectfully submitted, /s/ Meadows of the 5th
Chairman
THURSDAY, MARCH 24, 2016
3659
Representative Jasperse of the 11th 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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1093 Do Pass, by Substitute HR 1577 Do Pass HR 1606 Do Pass
HR 1367 Do Pass HR 1605 Do Pass HR 1610 Do Pass
Respectfully submitted, /s/ Jasperse of the 11th
Chairman
Representative Jasperse of the 11th 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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 883 Do Pass
Respectfully submitted, /s/ Jasperse of the 11th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, MARCH 24, 2016
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:
DEBATE CALENDAR
3660
JOURNAL OF THE HOUSE
Modified Structured Rule
SB 304 SB 345 SB 356 SB 379 SB 389 SB 416 SR 863 SR 892 SR 954
Criminal Records; allow for the preservation of a person's involuntary hospitalization information received by Georgia Crime Information (Substitute)(JudyNC-Holcomb-81st) Parent-42nd Corporations, Partnership, and Associations; provide for the policy of state determining property rights of religious organizations (Substitute) (Judy-Fleming-121st) Hill-6th (AM 29 2546) Animals; provide definition of term "owner"; impoundment of animals for any violation; caring for an impounded animal (Judy-Golick-40th) Williams-27th Sales and Use Tax; provide for exemption for fire districts which have elected governing bodies and supported by ad valorem taxes (Substitute)(W&M-Quick-117th) Ginn-47th (Substitute LC 43 0397ERS) Social Services; temporary assistance for needy families; provide for exception to lifetime maximum assistance (Substitute) (H&HS-Cooper-43rd) Hill-6th (Substitute LC 44 0187S) GBI; establish Georgia Information Sharing and Analysis Center; provide fusion center for sharing and analysis of homeland security activity information (Substitute)(PS&HS-Jasperse-11th) Cowsert-46th Vietnam Veterans Memorial Bridge; Union County; dedicate (Substitute)(Trans-Carter-175th) Gooch-51st Governor Sonny Perdue Highway; Dooley County; dedicate (Substitute)(Trans-Coomer-14th) Walker III-20th (AM 39 0176) Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads; 16 counties (Substitute)(SProp-Dunahoo-30th) Jeffares-17th (AM 40 0167)
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 Senate were taken up for consideration and read the third time:
SB 430. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved April 20, 2001 (Ga. L. 2001, p. 4414), so as to change the cost-of-living adjustment for the
THURSDAY, MARCH 24, 2016
3661
commissioner's compensation; 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 431. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Cartersville 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 432. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of Bartow County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 433. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Emerson 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 434. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended,
3662
JOURNAL OF THE HOUSE
particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3817), so as to change provisions relating to cost-of-living adjustments to the compensation of the chief magistrate; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 435. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Adairsville 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 436. By Senators Thompson of the 14th and Hufstetler of the 52nd:
A BILL to be entitled an Act to amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 4046), so as to change provisions relating to costof-living adjustments to the compensation of the clerk of the superior 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.
SB 438. By Senator Williams of the 19th:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions; to provide for legislative intent; 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.
THURSDAY, MARCH 24, 2016
3663
SB 439. By Senator Black of the 8th:
A BILL to be entitled an Act to provide a new charter for the City of Barwick; to provide for incorporation, boundaries, powers and construction; 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:
Y Abrams Y Alexander
Allison Y Atwood Y Ballinger
Barr Y Battles E Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin
Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D
Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
E 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 Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner N Gasaway Y Gilligan Y Glanton
Golick Y Gordon
Gravley Y Greene
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 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
Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C N 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
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
Yates Ralston, Speaker
3664
JOURNAL OF THE HOUSE
On the passage of the Bills, the ayes were 151, nays 5.
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 Stovall of the 74th, Dudgeon of the 25th, Benton of the 31st et al., Thomas of the 39th, Bennett of the 80th et al., Corbett of the 174th, Jasperse of the 11th, Williams of the 168th, Blackmon of the 146th et al., Kendrick of the 93rd, Thomas of the 56th et al., Howard of the 124th, Marin of the 96th, Pruett of the 149th, Kidd of the 145th et al., Smyre of the 135th, Ramsey of the 72nd, Mabra of the 63rd, Dawkins-Haigler of the 91st, Kaiser of the 59th, and Burns of the 159th.
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 304. By Senators Parent of the 42nd and Jones II of the 22nd:
A BILL to be entitled an Act to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to allow for the preservation of a person's involuntary hospitalization information received by the Georgia Crime Information Center; 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 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 definitions; to provide for procedure; to provide for reporting; 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:
THURSDAY, MARCH 24, 2016
3665
SECTION 1. This Act shall be known and may be cited as the "Pursuing Justice for Rape Victims Act."
SECTION 2. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, is amended by revising Code Section 35-1-2, which was previously reserved, as follows:
"35-1-2. (a) As used in this Code section, the term:
(1) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (2) 'Medical examination' means an examination pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2. (b) When a forensic medical examination is performed, evidence is collected, and the alleged victim has requested that law enforcement officials be notified, the individual performing such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence. Law enforcement officials shall take possession of such evidence no later than 96 hours of being notified. (c) It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in subsection (b) of this Code section to ensure that such evidence is submitted to the division within 30 days of it being collected, in accordance with the procedures established by the division. (d) When a forensic medical examination was performed before July 1, 2016, evidence was collected, and the alleged victim requested that law enforcement officials be notified, the individual who performed such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence on or before July 15, 2016, and law enforcement officials shall take possession of such evidence on or before July 31, 2016. It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in this Code section to ensure that such evidence is submitted to the division by August 31, 2016, in accordance with the procedures established by the division. (e) It shall be the duty of every law enforcement agency to create a list of evidence resulting from a forensic medical examination that is in such agency's possession on August 1, 2016, identifying such evidence as needing to be tested and submitting such listing of information to the division by August 15, 2016. (f) A failure to comply with the provisions of this Code section shall not affect the admissibility of evidence collected from a forensic medical examination. (g) Beginning December 1, 2016, the division shall issue an annual report detailing the number of cases for which it has tested evidence pursuant to this Code section and the number of cases that are awaiting testing. Such report shall be provided to the executive counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant Governor, the members of the House Committee on Judiciary, Non-civil, the
3666
JOURNAL OF THE HOUSE
members of the Senate Judiciary, Non-civil Committee, and posted online at the Georgia Bureau of Investigation's website. Reserved."
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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J
Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 172, nays 0.
THURSDAY, MARCH 24, 2016
3667
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 House:
HB 1104. By Representatives Smyre of the 135th, Hugley of the 136th, Smith of the 134th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to revise the homestead exemption for Muscogee County formerly provided for by a local constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926), which local constitutional amendment was continued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution and provides for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 258. By Senators Millar of the 40th and Albers of the 56th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide that the assessed value of property for a taxable year shall not be increased beyond the initial assessment value established by the board of tax assessors during an appeal of such valuation for such taxable year by the taxpayer but may be reduced as a result of the appeal of the taxpayer; 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 Senate were taken up for consideration and read the third time:
3668
JOURNAL OF THE HOUSE
SB 356. By Senators Williams of the 27th, Stone of the 23rd, Unterman of the 45th and Cowsert of the 46th:
A BILL to be entitled an Act to amend Title 4 of the O.C.G.A., relating to animals, so as to provide a definition of the term "owner"; to provide for impoundment of animals for any violation of Article 1 of Chapter 11 of said title; to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide for the foreclosure of liens on animals; 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 Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cannon N Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas N Clark, D N Clark, H N Clark, V Y Coleman
N Cooke Y Coomer Y Cooper N Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans
Fleming Y Floyd Y Fludd Y Frazier N Frye Y Gardner N Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Harden N Harrell Y Hatchett Y Hawkins N Henson N Hightower N Hitchens Y Holcomb Y Holmes N Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby N Knight N LaRiccia Y Lott Y Lumsden Y Mabra
Marin N Martin N Maxwell N Mayo N McCall Y McClain Y Meadows
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J N Price N Prince Y Pruett N Quick N Raffensperger N Rakestraw
Ramsey Randall Y Reeves N Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
Y Smith, E N 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 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 N Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A N Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
THURSDAY, MARCH 24, 2016
3669
On the passage of the Bill, the ayes were 114, nays 59.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 255. By Senators Stone of the 23rd, Bethel of the 54th, Millar of the 40th, Albers of the 56th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to modernize, reorganize, and provide constitutional protections in garnishment proceedings; to provide for definitions; to provide for an affidavit and summons of garnishment, contents, and procedure for garnishment; to provide for property being subject to and exempt from garnishment; to provide for a defendant's and third party's claim and plaintiff's traverse and the procedure for claims and traverses; to provide for procedures only applicable to financial institutions; to provide for and require the use of certain forms for garnishment proceedings; to amend Code Sections 44-7-50 and 53-12-80 of the O.C.G.A., relating to demand for possession and spendthrift provisions, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to modernize, reorganize, and provide constitutional protections in garnishment proceedings; to provide for definitions; to provide for an affidavit and summons of garnishment, contents, and procedure for garnishment; to provide for property being subject to and exempt from garnishment; to provide for a garnishee's answer to a summons of garnishment; to provide for garnishee expenses; to provide for a defendant's and third party's claim and plaintiff's traverse to a garnishment proceeding; to provide for procedure for claims and traverses; to provide for default judgment and opening of default judgments; to provide for procedures only applicable to financial institutions; to provide for release of garnishment; to provide for continuing garnishments; to provide for continuing garnishment for support of family members; to provide for and require the use of certain forms for garnishment proceedings; to amend Code Sections 44-7-50 and 53-12-80 of the Official Code of Georgia Annotated, relating to demand for possession and spendthrift provisions, respectively, so as to correct cross-
3670
JOURNAL OF THE HOUSE
references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended by repealing Chapter 4, relating to garnishment proceedings, and enacting a new Chapter 4 to read as follows:
"CHAPTER 4 ARTICLE 1
18-4-1. As used in this chapter, the term:
(1) 'Disposable earnings' means that part of the earnings of an individual remaining after the deduction for federal income tax, state income tax, withholdings for the Federal Insurance Contributions Act (FICA), and other mandatory deductions required by law. (2) 'Earnings' means compensation paid or payable for personal services, whether denominated as wages, salary, commission, fee, bonus, tips, overtime, or severance pay, including recurring periodic payments from pensions or retirement plans, including, but not limited to, the United States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and individual retirement accounts. (3) 'Entity' means a public corporation or a corporation, limited liability company, partnership, limited partnership, professional corporation, firm, or other business organization other than a natural person. (4) 'Financial institution' means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safedeposit companies, trust companies, any money market mutual fund, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. (5) 'Garnishee answer' or 'garnishee's answer' means the response filed by a garnishee responding to a summons of garnishment detailing the money or other property of the defendant that is in the possession of the garnishee or declaring that the garnishee holds no such money or other property of the defendant. (6) 'Public corporation' means any department, agency, branch of government, or political subdivision, as such term is defined in Code Section 50-15-1, or any public board, bureau, commission, or authority created by the General Assembly.
THURSDAY, MARCH 24, 2016
3671
18-4-2. (a) The procedure in garnishment cases shall be uniform in all courts throughout this state that have jurisdiction to preside over garnishment proceedings. (b) In all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the 'Uniform Foreign-Country Money Judgments Recognition Act,' or Article 6 of Chapter 12 of Title 9, the 'Uniform Enforcement of Foreign Judgments Law,' the plaintiff shall be entitled to the process of garnishment. (c) Except as otherwise provided in this chapter, Chapter 11 of Title 9 shall apply in garnishment proceedings. (d) Any affidavit, garnishee answer, or pleading required or permitted by this chapter shall be amendable at any time before judgment is entered or before money or other property subject to garnishment is distributed by the court.
18-4-3. (a) The plaintiff, the plaintiff's attorney, or the plaintiff's agent shall make, on personal knowledge or belief, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount remaining due on the judgment, the name of the court which rendered the judgment, and the case number thereof. (b) Upon the filing of the affidavit described in subsection (a) of this Code section with the clerk of any court having jurisdiction to preside over garnishment proceedings, such clerk shall cause a summons of garnishment to issue, provided that the plaintiff's affidavit is:
(1) Made before any officer authorized to administer oaths, a notary public, such clerk, or the deputy clerk of the court in which the garnishment is filed; and (2) Submitted to and approved by any judge of the court in which the garnishment is filed or submitted to and approved by any clerk or deputy clerk of such court if the court has promulgated rules authorizing the clerk or deputy clerk of such court to review and approve affidavits of garnishment. (c) An affidavit of garnishment may be electronically submitted to the clerk or deputy clerk of the court if the court has promulgated rules authorizing such submission. (d) The form for an affidavit of garnishment is set forth in Code Section 18-4-71.
18-4-4. (a) All obligations owed by the garnishee to the defendant at the time of service of the summons of garnishment upon the garnishee and all obligations accruing from the garnishee to the defendant throughout the garnishment period shall be subject to the process of garnishment. No payment made by the garnishee to the defendant or on his or her behalf, or by any arrangement between the defendant and the garnishee, after the date of service of the summons of garnishment upon the garnishee shall defeat the lien of such garnishment. (b) All money or other property of the defendant in the possession or control of the garnishee at the time of service of the summons of garnishment upon the garnishee or
3672
JOURNAL OF THE HOUSE
coming into the possession or control of the garnishee throughout the garnishment period shall be subject to the process of garnishment, provided that, in the case of collateral securities in the hands of a creditor, such securities shall not be subject to garnishment so long as there is an amount owed on the debt for which the securities were given as collateral. (c) The garnishment period shall begin on the day of service of the summons of garnishment and, for:
(1) A continuing garnishment, shall include the next 179 days; (2) Garnishments, other than a continuing garnishment or continuing garnishment for support, served on a financial institution, shall include the next five days; (3) A continuing garnishment for support, shall remain for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired; and (4) All other garnishments, shall include the next 29 days.
18-4-5. (a)(1) Subject to the limitations set forth in Code Sections 18-4-6 and 18-4-53, the maximum part of disposable earnings for any work week which is subject to garnishment shall not exceed the lesser of: (A) Twenty-five percent of the defendant's disposable earnings for that week; or (B) The amount by which the defendant's disposable earnings for that week exceed $217.00. (2) In case of earnings for a period other than a week, a multiple of $7.25 per hour shall be used.
(b) The limitation on garnishment set forth in subsection (a) of this Code section shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant unless the garnishee has received a summons of continuing garnishment for support as provided in Article 3 of this chapter. (c) No employer shall discharge an employee by reason of the fact that such employee's earnings have been subjected to garnishment for any one obligation, even though more than one summons of garnishment may be served upon such employer with respect to the obligation.
18-4-6. (a)(1) Certain earnings or property of the defendant may be exempt from the process of garnishment. (2) Funds or benefits from an individual retirement account or from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise distributed to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise distributed to such member or beneficiary, shall be exempt from the process of garnishment only to the extent of the limitations provided in Code Section 18-4-5 for other disposable earnings, unless a greater exemption is otherwise provided by law.
THURSDAY, MARCH 24, 2016
3673
(3) Funds in an unfunded plan maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees shall not be exempt from the process of garnishment. (4) Exempt property shall not be considered disposable earnings for purposes of Code Section 18-4-5 or subsection (b) of Code Section 18-4-53. (b) Not later than ten days after the effective date of this Code section, the Attorney General shall create and maintain on the Department of Law's website a list of exemptions that a defendant may be allowed by law to claim in relation to a garnishment of his or her earnings or property. The Attorney General shall revise such list when exemptions are repealed, revised, or created by law. The Attorney General shall transmit a copy of such list to each clerk of court in this state who issues summonses of garnishment and transmit a revised list when a change is made to such list. (c) Each clerk of court in this state who issues summonses of garnishment shall post and update such list of exemptions as promulgated by the Attorney General and shall provide such list to individuals upon request. (d) A defendant may claim an exemption as provided in Code Section 18-4-15. (e) The fact that an exemption is not identified by the Attorney General shall not preclude a defendant from claiming an exemption.
18-4-7. (a) The amount shown on the summons of garnishment shall not exceed the amount the defendant owes the plaintiff pursuant to a judgment.
(b)(1) A summons of garnishment, or an attachment thereto, shall state on its face with particularity all of the following information, to the extent reasonably available to the plaintiff:
(A) The name of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment, all known configurations, nicknames, aliases, former or maiden names, trade names, or variations thereof; (B) The service address and the current address of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment and such is reasonably available to the plaintiff, the past addresses of the defendant; and (C) The social security number or federal tax identification number of the defendant; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable. The defendant's full social security number or federal tax identification number shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable, to the extent such information is reasonably available to the plaintiff. (2) A summons of garnishment on a financial institution shall not be used for a continuing garnishment or continuing garnishment for support. A summons of
3674
JOURNAL OF THE HOUSE
garnishment on a financial institution, or an attachment thereto, shall also state with particularity the defendant's account, identification, or tracking numbers known to the plaintiff used by the garnishee in the identification or administration of the defendant's funds or property; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable. The defendant's account, identification, or tracking numbers shall be made known to the garnishee and defendant in accordance with Code Section 9-117.1 or 15-10-54, as applicable, to the extent such information is known to the plaintiff. (3) A misspelling of any information required by this subsection, other than the surname of a natural person defendant, shall not invalidate a summons of garnishment, so long as such information is not misleading in a search of the garnishee's records. (c) The form for a summons of garnishment is set forth in Code Section 18-4-74, and the optional attachment thereto is set forth in Code Section 18-4-75. The form for a summons of garnishment on a financial institution is set forth in Code Section 18-4-76, and the attachment thereto is set forth in Code Section 18-4-77. The form for a summons of garnishment on a financial institution shall not be used for a continuing garnishment or continuing garnishment for support. (d) When a plaintiff uses the incorrect form for a summons of garnishment of any type, the garnishment shall not be valid and the garnishee shall be relieved of all liability.
18-4-8. (a) The plaintiff shall serve the garnishee, as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4, with a copy of the affidavit of garnishment, summons of garnishment, Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and Defendant's Claim Form. The plaintiff shall fill in the style of the case, except for the civil action file number, and the garnishment court information on such notice and claim form. Such notice and claim form are set forth in Code Section 18-4-82.
(b)(1) Not more than three business days after service of the summons of garnishment on the garnishee, the plaintiff shall cause a copy of the affidavit of garnishment, a copy of the summons of garnishment, a copy of the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and a copy of the Defendant's Claim Form as described in subsection (a) of this Code section, using one of the following methods:
(A)(i) To be sent to the defendant at the defendant's last known address by: (I) Regular mail; and (II) Registered or certified mail or statutory overnight delivery, return receipt requested.
(ii) The return receipt indicating receipt by the defendant, the envelope bearing the official notification from the United States Postal Service of the defendant's
THURSDAY, MARCH 24, 2016
3675
refusal to accept delivery of such registered or certified mail, the envelope bearing the official notification from a commercial firm of the defendant's refusal to accept such statutory overnight delivery, or an official written notice from the United States Postal Service of the defendant's refusal to accept delivery of such registered or certified mail shall be filed with the clerk of the court in which the garnishment is pending. (iii) The defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to such defendant shall be deemed notice to such defendant; (B)(i) To be delivered personally to the defendant by:
(I) An individual who is not a party and is not younger than 18 years of age; (II) An individual who has been appointed by the court to serve process or is a permanent process server; (III) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy; (IV) The marshal or sheriff of the court or by such official's deputy; (V) The constable of the magistrate court, when the garnishment is filed in a magistrate court, or by the constable's deputy; or (VI) A certified process server as provided in Code Section 9-11-4.1. (ii) A certification by the person making the delivery shall be filed with the clerk of the court in which the garnishment is pending; or (C) To be sent to the defendant by regular mail at the address at which the defendant was served as shown on the return of service in the action resulting in the judgment when it shall appear by affidavit to the satisfaction of the clerk of the court that the defendant resides out of this state, has departed this state, cannot, after due diligence, be found within this state, or has concealed his or her place of residence from the plaintiff. A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice. (2) The methods of notification specified in this subsection shall be cumulative and may be used in any sequence or combination. When it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized; for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method. (3) No money or other property paid or delivered to the court by the garnishee shall be distributed nor shall any judgment be rendered against the garnishee until: (A) Ten days have elapsed from the date of compliance with at least one method of notification provided by this subsection; and (B) If a garnishee answer was filed: (i) Twenty days have elapsed from the filing of the garnishee's answer without a claim having been filed by any defendant or third party and without a traverse having been filed by the plaintiff; or
3676
JOURNAL OF THE HOUSE
(ii) All traverses filed prior to the twenty-first day from the filing of the garnishee's answer have been adjudicated and all claims have been adjudicated.
18-4-9. (a) Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated. (b) No new summons of garnishment on the same affidavit of garnishment shall be issued after two years from the date of the original filing of such affidavit. The garnishment proceeding based on such affidavit shall automatically stand dismissed unless there are funds remaining in the registry of the court or a new summons of garnishment has been issued in the preceding 30 days.
18-4-10. (a) The summons of garnishment shall state that if the garnishee fails to file a garnishee's answer to such summons in a timely manner, a judgment by default shall be entered against the garnishee for the amount remaining due on a judgment as shown in the plaintiff's affidavit of garnishment. (b) The summons of garnishment shall be directed to the garnishee, commanding the garnishee to respond and state what money or other property is subject to garnishment. Except as provided in subsection (c) of this Code section and Articles 2 and 3 of this chapter, the garnishee's answer shall be filed with the court issuing the summons not sooner than 30 days and not later than 45 days after service of the summons, and the money or other property subject to garnishment shall be paid to or delivered to the court concurrently with such garnishee's answer. (c) When the garnishee is a financial institution and the garnishment is not a continuing garnishment or continuing garnishment for support, such garnishee's answer shall be filed with the court issuing the summons of garnishment not sooner than five days and not later than 15 days after the date of service of the summons, and the money or other property subject to garnishment shall be paid to or delivered to the court concurrently with such garnishee's answer. If the defendant does not have an active account with and is not the owner of any money or other property in the possession of such financial institution, then the garnishee may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 15 days after the date of service of the summons.
18-4-11. (a) Within the time prescribed by Code Section 18-4-10, the garnishee shall file a garnishee answer. Along with the garnishee's answer, the garnishee shall pay or deliver to the court the money or other property admitted in the garnishee's answer to be subject to garnishment. (b) If in responding to the summons of garnishment the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall respond to the court issuing the summons of garnishment as to the
THURSDAY, MARCH 24, 2016
3677
existence of such safe-deposit box and shall restrict access to any contents of such safedeposit box until the earlier of:
(1) Further order of such court regarding the disposition of the contents of such safedeposit box; or (2) The elapsing of 120 days from the date of filing of the garnishee answer unless such time has been extended by the court. (c) If the garnishee has been served with a summons in more than one garnishment case involving the same defendant, the garnishee shall state in each garnishee answer that the money or other property is being paid or delivered to a specifically named court subject to the demands of other cases and shall give the numbers of all such cases in each garnishee answer. (d) If the garnishee is unable to respond with the specific information required by this Code section, the garnishee's inability shall be stated in the garnishee's answer, together with all the facts plainly, fully, and distinctly set forth, so as to enable the court to give judgment thereon. (e) The form for a garnishee answer is set forth in Code Section 18-4-84, and the form for a financial institution garnishee answer is set forth in Code Section 18-4-85.
18-4-12. (a) When a garnishment proceeding is filed in a court under any provision of this chapter involving an entity as garnishee, the execution and filing of a garnishee answer may be done by an entity's authorized officer or employee and shall not constitute the practice of law. If a claim or traverse is filed to such entity's garnishee answer in a court of record, an attorney shall be required to represent such entity in further garnishment proceedings. (b) An entity's payment into court of any money or other property of the defendant, or money or other property which is admitted to be subject to garnishment, may be done by an entity's authorized officer or employee and shall not constitute the practice of law.
18-4-13. (a) All garnishee answers shall, concurrently with filing, be served by the garnishee upon the plaintiff or the plaintiff's attorney and the defendant or the defendant's attorney.
(b)(1) Service of the garnishee's answer upon the plaintiff shall be shown by the: (A) Written acknowledgment of the plaintiff or the plaintiff's attorney; or (B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the plaintiff or the plaintiff's attorney.
(2) No service upon the plaintiff shall be required unless the name and address of the plaintiff or the plaintiff's attorney shall legibly appear on the face of the summons of garnishment.
3678
JOURNAL OF THE HOUSE
(3) If the garnishee fails to serve the plaintiff, the plaintiff shall be allowed 20 days from the time the plaintiff receives actual notice of the garnishee's answer to traverse the garnishee's answer. (c)(1) Service of the garnishee's answer upon the defendant shall be shown by the:
(A) Written acknowledgment of the defendant or the defendant's attorney; or (B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the:
(i) Defendant's attorney; or (ii) Defendant at the last address known to the garnishee. (2) No service upon the defendant shall be required by a financial institution garnishee if the defendant does not have an active account with and is not the owner of any money or other property in the possession of such financial institution. (d) The garnishee shall provide the defendant, by regular mail at the defendant's last address known to the garnishee, with the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property and the Defendant's Claim Form that it received from the plaintiff as set forth in subsection (a) of Code Section 18-4-8.
18-4-14. (a) The garnishee shall be entitled to the garnishee's actual reasonable expenses, including attorney's fees, in preparing and filing a garnishee's answer. The amount of expenses incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in other cases. The garnishee may deduct $50.00 or 10 percent of the amount paid into court, whichever is greater, not to exceed $100.00, as reasonable attorney's fees or expenses. (b) If the garnishee can show that the garnishee's actual attorney's fees or expenses exceed the amount provided for in subsection (a) of this Code section, the garnishee shall petition the court for a hearing at the time of filing the garnishee's answer without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for payment of actual attorney's fees or expenses proven by the garnishee to have been incurred reasonably in preparing and filing the garnishee's answer. (c) In the event the garnishee makes the deduction permitted in subsection (a) of this Code section but the costs are later cast upon the garnishee, the garnishee shall forthwith refund to the defendant the funds deducted; if the costs are later cast against the plaintiff, the court shall enter judgment in favor of the defendant and against the plaintiff for the amount of the deductions made by the garnishee. (d) Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided in Code Section 7-1-237.
18-4-15. (a) A garnishment proceeding is an action between the plaintiff and garnishee; provided, however, that at any time before a judgment is entered or before money or
THURSDAY, MARCH 24, 2016
3679
other property subject to garnishment is distributed, the defendant may become a party to the garnishment by filing a claim with the clerk of court and may use the form set forth in Code Section 18-4-82. A defendant's claim shall assert the basis upon which he or she claims that his or her money or other property is exempt from garnishment. Money or other property may be exempt from garnishment for a variety of reasons, including, but not limited to, the limitations on garnishment as provided in Code Sections 18-4-5 and 18-4-53, exemptions as provided in Code Section 18-4-6, the plaintiff not having a judgment against the defendant, the amount claimed due by the plaintiff being erroneous, such money or other property being subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, or other legal or statutory defenses. Even when earnings are held at a financial institution, such money may be exempt from garnishment due to the limitations on garnishment as provided in Code Sections 18-4-5 and 18-4-53, exemptions as provided in Code Section 18-4-6, or other reasons. (b) The defendant shall serve a copy of his or her claim upon the plaintiff and garnishee. The clerk of court shall transmit a copy of the defendant's claim to the plaintiff and garnishee. If the defendant's claim alleges that money or other property in the possession of the court may be subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, the defendant shall serve a copy of his or her claim upon the third party named in such claim. (c) The defendant shall become a party to all proceedings by filing a claim pursuant to this Code section. (d) Upon the filing of the defendant's claim, a judge of the court in which the garnishment is pending shall order a hearing to be held not more than ten days from the date the claim is filed. The form for the order for such hearing is set forth in Code Section 18-4-83. Such hearing shall be available to the defendant as a matter of right after filing his or her claim, and no further summons of garnishment shall issue nor shall any money or other property paid or delivered to the court as subject to garnishment be disbursed until the hearing shall be held. (e) The validity of the judgment upon which a garnishment is based shall only be challenged in accordance with Chapter 11 of Title 9, and no such challenge shall be entertained in the garnishment case. However, when the court finds that the defendant has attacked the validity of the judgment upon which the garnishment is based in an appropriate forum, the judge may order the garnishment be stayed until the validity of the judgment has been determined in such forum. (f) The filing of a claim by the defendant shall not relieve the garnishee of the duties of filing a garnishee answer, of withholding money or other property subject to garnishment, or of paying or delivering to the court any money or other property subject to garnishment. (g) A party's failure to include the civil action file number on a defendant's claim shall not affect the validity of such claim.
3680
JOURNAL OF THE HOUSE
18-4-16. Within 20 days after the plaintiff has been served with the garnishee's answer, the plaintiff may file a traverse stating that the garnishee's answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning the garnishee's answer. The form for a plaintiff's traverse is set forth in Code Section 18-487.
18-4-17. At any time before judgment is entered on the garnishee's answer or money or other property subject to garnishment is distributed, any person may file a third-party claim in writing under oath stating that he or she has a claim superior to that of the plaintiff to the money or other property in the hands of the garnishee subject to the process of garnishment, and the third-party claimant shall be a party to all further proceedings upon the garnishment. A third-party claimant shall serve his or her claim upon the plaintiff, defendant, and garnishee. The form for a third-party claim is set forth in Code Section 18-4-88.
18-4-18. When money or other property in court is subject to a third-party claim or to more than one garnishment case, the party with the oldest entered judgment shall have priority to such money or other property and any interested party to any one of the garnishment cases may make a motion to the court where such money or other property has been deposited for the distribution of such money or other property. Each party of interest in each case and the clerk of court shall be served with a copy of the motion. Upon hearing the motion, the court shall enter an order directing that the clerk be paid the court cost of each garnishment proceeding first, and all remaining money or other property shall be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens.
18-4-19. (a) After the garnishee's answer is filed, the defendant's claim shall be tried first, the plaintiff's traverse shall be tried second, and third-party claims shall be tried last; provided, however, that the court shall retain the money or other property subject to garnishment until the completion of the trial of all claims and traverses which are filed under this chapter. The court may consolidate or bifurcate such actions for trial in the court's discretion. (b) If a claim or traverse has been filed, all parties of record may introduce evidence to establish their respective interests in the money or other property in court, and the court shall direct that such money or other property be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens. (c) When the defendant prevails upon the trial of his or her claim:
(1) That the plaintiff does not have a judgment against the defendant or that the plaintiff's affidavit of garnishment is untrue or is legally insufficient, the garnishment
THURSDAY, MARCH 24, 2016
3681
case shall be dismissed by the court, and any money or other property belonging to the defendant in the possession of the court shall be restored to the defendant unless another claim or traverse thereto has been filed; (2) That the amount shown to be due on the plaintiff's affidavit of garnishment is incorrect, the court may allow the summons of garnishment to be amended to the amount proven to be owed, and if such amount is less than the amount shown to be due by the plaintiff, any money or other property belonging to the defendant in the possession of the court in excess of the amount due shall be restored to the defendant unless another claim or traverse thereto has been filed; (3) That the money or other property belonging to the defendant in the possession of the court is exempt from garnishment, such exempt money or other property shall be restored directly to the defendant. The court shall order such restoration within 48 hours; and (4) Based on any legal or statutory defense or that money or other property in the possession of the court may be subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, the court shall determine the disposition of the money or other property belonging to the defendant in the possession of the court. (d) On the trial of the plaintiff's traverse, if the court finds the garnishee has failed to respond properly to the summons of garnishment, the court shall disallow any expenses demanded by the garnishee and shall enter a judgment for any money or other property paid or delivered to the court with the garnishee's answer, plus any money or other property the court finds subject to garnishment which the garnishee has failed to pay or deliver to the court; provided, however, that the total amount of such judgment shall not exceed the amount shown to be due by the plaintiff, together with the costs of the garnishment proceeding.
18-4-20. When no claim has been filed and no traverse has been filed within 20 days after the garnishee's answer is filed:
(1) If money is paid or delivered to the court by the garnishee, the clerk of the court shall pay the money to the plaintiff or the plaintiff's attorney upon application, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered; (2) If property is delivered to the court by the garnishee, the sheriff, marshal, constable, or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered. The proceeds of such sale shall be paid or delivered to the plaintiff or the plaintiff's attorney upon application; or (3) If money or other property admitted to be subject to the garnishment is not paid or delivered to the court, judgment shall be entered for the plaintiff and against the garnishee for such money or other property and execution shall issue on the judgment.
3682
JOURNAL OF THE HOUSE
18-4-21. Except as provided in Code Section 18-4-22, when a garnishee fails or refuses to file a garnishee answer by the forty-fifth day after service of the summons of garnishment, such garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of a garnishee answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount remaining due on the judgment obtained against the defendant as shown in the plaintiff's affidavit of garnishment.
18-4-22. When a garnishee is a financial institution and fails or refuses to file a garnishee answer by the fifteenth day after the date of service of the summons of garnishment, such garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of a garnishee answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount remaining due on the judgment obtained against the defendant as shown in the plaintiff's affidavit of garnishment.
18-4-23. (a) A garnishee may be relieved from liability for failure to file a garnishee answer if the plaintiff failed to provide the information required by paragraph (2) of subsection (b) of Code Section 18-4-7 that would reasonably enable the garnishee to respond properly to the summons of garnishment and a good faith effort to locate the requested property was made by the garnishee based on the information provided by the plaintiff. In determining whether a garnishee may be relieved of liability, the court shall consider and compare the accuracy and quantity of the information supplied by the plaintiff pursuant to paragraph (2) of subsection (b) of Code Section 18-4-7 with the manner in which such garnishee maintains and locates its records, the compliance by such garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which such garnishee is located. (b) A garnishee and a plaintiff shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien or the freezing, payment, or delivery into court of money or other property reasonably believed to be that of the defendant if such attachment, freezing, payment, or delivery is reasonably required by a good faith effort to comply with the summons of garnishment. In determining whether such compliance by a garnishee is reasonable, the court shall consider and compare the accuracy and quantity of the information supplied by the plaintiff pursuant to paragraph (2) of subsection (b) of Code Section 18-4-7 with the manner in which such garnishee maintains and locates its records, the compliance by such garnishee with its own procedures, and the conformity of the record systems and
THURSDAY, MARCH 24, 2016
3683
procedures with reasonable commercial standards prevailing in the area in which such garnishee is located.
(c)(1) As used in this subsection, the term: (A) 'Association account' means any account or safe-deposit box or similar property maintained by a corporation, statutory close corporation, limited liability company, partnership, limited partnership, limited liability partnership, foundation, trust, national, state, or local government or quasi-government entity, or other incorporated or unincorporated association. (B) 'Fiduciary account' means any account or safe-deposit box maintained by any party in a fiduciary capacity for any other party other than the defendant in garnishment. Without limiting the foregoing, such term shall include any trust account as defined in Code Section 7-1-810, any account created pursuant to a transfer governed by Code Section 44-5-119, and any agency account or safedeposit box governed by a power of attorney or other written designation of authority. (2)(A) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in an association account that may be subject to garnishment by reason of the fact that a defendant is an authorized signer on such association account, unless the summons of garnishment alleges that the association account is being used by the defendant for an improper or unlawful purpose. (B) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment if such fiduciary account specifically is exempted from garnishment as set forth in Code Section 18-4-6. (C) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment by reason of the fact that a defendant is a fiduciary of the fiduciary account, unless the summons of garnishment is against the defendant in the defendant's capacity as a fiduciary of the fiduciary account or the summons of garnishment alleges that the fiduciary account is being used by the defendant for an improper or unlawful purpose.
18-4-24. (a) When a default judgment is rendered against a garnishee under Code Section 18-421, 18-4-22, or 18-4-43, the plaintiff shall serve the garnishee, as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4, with a copy of such default judgment. On a motion filed not later than 90 days from the date the garnishee was served with such default judgment, the garnishee may, upon payment of all accrued costs of court, have such default judgment modified so that the amount of such default judgment shall be reduced to an amount equal to the greater of $50.00 or $50.00 plus 100 percent of the amount by which the garnishee was indebted to the defendant from the time of service of the
3684
JOURNAL OF THE HOUSE
summons of garnishment through and including the last day on which a timely garnishee answer could have been made for all money or other property belonging to the defendant which came into the garnishee's hands from the time of service of the summons through and including the last day on which a timely answer could have been made and less any exemption allowed the defendant. (b) On the trial of a motion to modify a default judgment, the burden of proof shall be upon any plaintiff who objects to the timeliness of the motion to establish that such motion was not filed within the time provided for by this Code section.
18-4-25. (a) A release of a summons of garnishment:
(1) Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other property in the garnishee's possession belonging to the defendant; and (2) Shall not operate as a dismissal of the garnishment proceeding. (b) It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if: (1) The plaintiff or the plaintiff's attorney requests a release in writing; (2) The amount shown to be due on the plaintiff's affidavit of garnishment together with the costs of the garnishment proceeding are paid into court; (3) A judge enters an order, after a hearing required by this chapter, directing that the garnishment be released; or (4) The garnishment is dismissed. (c) The form for a release of garnishment is set forth in Code Section 18-4-89.
18-4-26. (a) Money due officials or employees of a municipal corporation or county of this state or of the state government, or any department or institution thereof, as salary for services performed for or on behalf of the municipal corporation or county of this state or the state, or any department or institution thereof, shall be subject to garnishment, except that in no event shall the officials' or employees' salary for services performed for or on behalf of any municipal corporation or county of this state or the state, or any department or institution thereof, be garnisheed when the judgment serving as a basis for the issuance of the summons of garnishment arises out of the liability incurred in the scope of the officials' or employees' governmental employment while responding to an emergency. In such cases, the summons of garnishment shall be directed to such political entity and served upon the person authorized by law to draw the warrant on the treasury of the government or to issue a check for such salary due, or upon the chief administrative officer of the political subdivision, department, agency, or instrumentality; and such entity shall be required to respond to such summons in accordance with the mandate thereof and as provided by this chapter.
THURSDAY, MARCH 24, 2016
3685
(b) For purposes of this Code section only, the state and its political subdivisions, departments, agencies, and instrumentalities shall be deemed private persons; and jurisdiction for the purpose of issuing a summons of garnishment shall be restricted to a court located in the county in which the warrant is drawn on the treasury of the government or in which the check is issued for the salary due the official or employee of the state or its political subdivisions, departments, agencies, or instrumentalities.
ARTICLE 2
18-4-40. (a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the 'Uniform Foreign-Country Money Judgments Recognition Act,' or Article 6 of Chapter 12 of Title 9, the 'Uniform Enforcement of Foreign Judgments Law,' a plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of the defendant against whom the judgment has been obtained. (b) Unless otherwise specifically provided in this article, Article 1 of this chapter shall apply to this article.
18-4-41. (a) In addition to the information required by subsection (a) of Code Section 18-4-3, an affidavit of continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of the defendant and subject to continuing garnishment. (b) Only one summons of continuing garnishment shall issue on one affidavit of continuing garnishment. (c) The plaintiff shall serve a summons of continuing garnishment and provide notice of exemptions in the same manner as provided for in Code Section 18-4-8. (d) The form for an affidavit of continuing garnishment is set forth in Code Section 184-72. The form for a summons of continuing garnishment is set forth in Code Section 18-4-78, and the optional attachment thereto is set forth in Code Section 18-4-79.
18-4-42. (a) As used in this Code section, the term 'previous garnishee answer date' means the date upon which the immediately preceding garnishee answer was filed. (b) If the garnishee owes the defendant any sum for wages earned as the garnishee's employee, the garnishee answer shall state specifically when the wages were earned by the defendant, whether the wages were earned on a daily, weekly, or monthly basis, the rate of pay and hours worked, and the basis for computation of earnings. (c) The summons of continuing garnishment shall be directed to the garnishee, commanding the garnishee:
3686
JOURNAL OF THE HOUSE
(1) To file a first garnishee answer with the court issuing such summons not sooner than 30 days and not later than 45 days after service of the summons of continuing garnishment, for the period of time from the date of service through and including the day of the first garnishee answer; (2) To file subsequent garnishee answers with such court for the remaining period covered by the summons of continuing garnishment; and (3) To accompany all such garnishee answers with any money subject to continuing garnishment. (d)(1) Subsequent garnishee answers shall be filed not later than 45 days after the previous garnishee answer date stating what money of the defendant is subject to continuing garnishment from the previous garnishee answer date through and including the date on which the next garnishee answer is filed. (2) Subsequent garnishee answers shall not be required on a summons of continuing garnishment if the preceding garnishee answer filed states what money of the defendant is subject to continuing garnishment from the previous garnishee answer date to and including the one hundred seventy-ninth day after service of the summons of continuing garnishment. (3) Notwithstanding the other provisions of this subsection, the last garnishee answer shall be filed not later than the one hundred ninety-fifth day after service of the summons of continuing garnishment. (e) The summons of continuing garnishment shall state that if the garnishee fails to file a garnishee's answer to such summons in a timely manner, a judgment by default shall be entered against the garnishee for the amount remaining due on a judgment as shown in the plaintiff's affidavit of continuing garnishment. (f)(1) If the employment relationship between the garnishee and the defendant does not exist at the time of service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship does not exist and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment. (2) When the defendant has been an employee of the garnishee, and if the defendant is no longer employed by the garnishee, the garnishee may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment. (3) If the employment relationship between the garnishee and the defendant terminates on or after service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship has been terminated, giving the date of termination, and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment. (4) Upon the termination of employment of the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date of the defendant's termination.
THURSDAY, MARCH 24, 2016
3687
(g) When a garnishee answer is made pursuant to subsection (f) of this Code section, no claim has been filed, and no traverse has been filed within 20 days after such garnishee answer is filed, the garnishee shall be discharged from further liability and obligation in the same manner as set forth under Code Section 18-4-20 for that summons with respect to the period of continuing garnishment remaining after the employment relationship is terminated. (h) The form for a garnishee's answer to a continuing garnishment is set forth in Code Section 18-4-86.
18-4-43. (a) When a garnishee fails or refuses to file a garnishee answer at least once every 45 days, such garnishee shall automatically be in default. The default may be opened as provided in Code Section 18-4-21. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount remaining due on the judgment obtained against the defendant as shown in the plaintiff's affidavit of continuing garnishment. (b) A garnishee may obtain relief from a default judgment upon the same conditions as provided in Code Section 18-4-24.
ARTICLE 3
18-4-50. As used in this article, the term:
(1) 'Earnings' shall have the same meaning as set forth in Code Section 18-4-1 and shall include disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act, disability benefits that are received pursuant to the federal Veterans' Benefits Act of 2010, 38 U.S.C. Section 101, et seq., workers' compensation benefits, whether temporary or permanent, and unemployment insurance benefits. (2) 'Judgment' means an order for periodic support obtained:
(A) In a court of this state; (B) In a court of another state which has been registered pursuant to Code Section 19-11-77 under the 'Uniform Reciprocal Enforcement of Support Act' or as provided in Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act,' or Article 6 of Chapter 12 of Title 9, the 'Uniform Enforcement of Foreign Judgments Law'; (C) By a final administrative order for support issued by the Department of Human Services; or (D) By a final administrative order issued by a governmental agency of another state. (3) 'Periodic support' means money required to be paid regularly on a daily, weekly, monthly, or other similar specified frequency for the support of a minor child of the defendant or a spouse or former spouse of the defendant.
3688
JOURNAL OF THE HOUSE
18-4-51. (a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a judgment was obtained or is being enforced, a plaintiff shall be entitled to the process of continuing garnishment for support against any garnishee who is an employer of the defendant against whom the judgment has been obtained. (b) Unless otherwise specifically provided in this article, Articles 1 and 2 of this chapter shall apply to this article.
18-4-52. (a) In addition to the information required by subsection (a) of Code Sections 18-4-3 and 18-4-41, the plaintiff shall attach a certified copy of the judgment to be enforced to the affidavit of continuing garnishment for support and shall state the following in such affidavit:
(1) That the defendant is in arrears on the obligation of support in an amount equal to or in excess of one month's obligation as decreed in such judgment; (2) The amount of arrearage which exists under such judgment as of the date of the execution of the affidavit; (3) The amount of support due under the judgment for each obligee named therein, taking into account the possible attainment of majority or emancipation or death of any minor child named in such judgment; and (4) The date of the termination of the obligation of support of each obligee named in the judgment, based upon the terms of such judgment, or, as to any obligee who is a minor child, the date each such obligee shall attain the age of 18 years. (b) Such affidavit may be amended from time to time by subsequent affidavits of any party showing a modification or other amendment to the original judgment being enforced. Such amended or subsequent affidavits shall include a certified copy of any such modification or amendment and shall contain the information required by paragraphs (1) through (4) of subsection (a) of this Code section. (c) The plaintiff shall serve the summons of continuing garnishment for support and provide notice of exemptions in the same manner as provided for in Code Section 18-48. (d) The form for an affidavit of continuing garnishment for support is set forth in Code Section 18-4-73.
18-4-53. (a) A summons of continuing garnishment for support shall contain a notice to the garnishee that such garnishment is based on a judgment governed by this article. The form for a summons of continuing garnishment for support is set forth in Code Section 18-4-80, and the optional attachment thereto is set forth in Code Section 18-4-81. (b) Subject to the limitations set forth in Code Section 18-4-6, the maximum part of disposable earnings for any work week which shall be subject to continuing garnishment for support shall not exceed 50 percent of the defendant's disposable earnings for that week.
THURSDAY, MARCH 24, 2016
3689
(c) Funds or benefits from an individual retirement account or from a pension or retirement program shall not be exempt from the process of continuing garnishment for support except as provided in subsection (b) of this Code section for other disposable earnings, unless a greater exemption is otherwise provided by law.
18-4-54. (a) The money paid into court with the initial garnishee answer, after deduction for costs, shall be first applied to the support payment required to be paid on a periodic basis that has accrued on a daily basis, by converting the periodic amount to an annual amount and dividing by 365, from the date of the plaintiff's affidavit of continuing garnishment for support to the date of the initial garnishee answer. All sums in excess of such payment shall be applied to the original arrearage. As used in this subsection, the term 'original arrearage' means the sum of arrears existing as of the date of the making of the plaintiff's affidavit of continuing garnishment for support, plus any amounts includable pursuant to subsection (c) of this Code section. (b) If the amount claimed as original arrearage as of the date of the making of the plaintiff's affidavit of continuing garnishment for support is not satisfied by the money payable into court under the initial garnishee answer, after application of the funds as set forth in subsection (a) of this Code section, the garnishee shall file further garnishee answers no later than 45 days after the previous garnishee answer date, stating the earnings accrued and the basis of their accrual and tendering such money accruing in such period. The amounts paid into court pursuant to subsequent garnishee answers, over and above the periodic payment accruing within such period, shall be applied to the original arrearage until the same is retired. (c) If the money paid into court pursuant to any garnishee answer is less than the sums due under the support requirement accruing over the same period of time, after allowance for any costs deductible from same, the resulting difference shall be added to the amount due as original arrearage until the same is retired by subsequent payments. (d) The garnishee shall file additional garnishee answers until the original arrearage is retired and all support payments are current. (e) Upon the termination of employment of the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date of the defendant's termination.
18-4-55. The continuing garnishment for support described in this article shall attach for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired and all support payments are current. The garnishee may rely upon the information as to the termination date of the duty of support of any individual claimed in the affidavit of continuing garnishment for support, the amount of the duty of support to be paid, any sums paid by the defendant between the date of the filing of such affidavit and the date of the initial garnishee answer, and the amount of the original arrearage existing as of the date of such affidavit, unless the defendant files a
3690
JOURNAL OF THE HOUSE
claim against such affidavit or the garnishee's answer and the court enters any finding otherwise.
ARTICLE 4
18-4-70. (a) For the purpose of this chapter, the forms contained in this article shall be required to be used; provided, however, that a party may use its own format so long as it contains all of the information in the form. A defendant may use the form provided in Code Section 18-4-82 to file a claim or may use the defendant's own pleading. When a case involves more than one plaintiff or defendant or necessitates the inclusion of additional information, the form may be expanded to allow for the information pertaining to all parties and such additional information to be displayed. (b) The certificates of service provided within the forms in this article are included as examples. A party may modify a certificate of service in accordance with the circumstances of the case, including, but not limited to, transmission by e-mail as provided in subsection (b) of Code Section 9-11-5 or by court rule. (c) A court may combine multiple forms.
18-4-71.
'IN THE _____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
Plaintiff:
)
______________________________ )
Name
)
)
Plaintiff's contact information:
)
______________________________ )
Name
)
______________________________ ) Civil Action File No. _______________
Street Address
)
______________________________ )
City
State
ZIP Code )
______________________________ )
E-mail Address
)
______________________________ )
Phone Number
)
______________________________ )
Bar Number
)
)
v.
)
THURSDAY, MARCH 24, 2016
3691
)
Defendant:
)
______________________________ )
Name
)
______________________________ )
Street Address
)
______________________________ )
City
State
ZIP Code )
)
Garnishee:
)
______________________________ )
Name
)
______________________________ )
Street Address
)
______________________________ )
City
State
ZIP Code )
AFFIDAVIT OF GARNISHMENT
Check this box if the Garnishee is a financial institution.
Check this box if garnishment is for the collection of child support or alimony. See O.C.G.A. 18-4-50, et seq.
Personally appeared ______________________________, who on oath says: (Print name)
1. I am the (Plaintiff) (Attorney at Law for Plaintiff) (Agent for Plaintiff). [Circle one] 2. The Plaintiff obtained a judgment against the Defendant in Case Number_________ in the _______________ Court of ______________ County, ____________________,
State and no agreement requires forbearance from the garnishment which is applied for currently. 3. $________________ is the balance due, which consists of the sum of $__________ Principal, $____________ Postjudgment interest, and $____________ Other (e.g., prejudgment interest, attorney's fees, costs [exclusive of the cost of this action]). 4. Upon the Affiant's personal knowledge or belief, the sum stated herein is unpaid.
This __________ day of ____________________, 20____.
3692
JOURNAL OF THE HOUSE
____________________ Affiant
____________________ Print name of Affiant
Sworn to and subscribed before me this _________ day of ___________________________________, 20____. ____________________________________________ Notary Public or Deputy Clerk of Court'
18-4-72.
'IN THE _____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
Plaintiff:
)
______________________________ )
Name
)
)
Plaintiff's contact information:
)
______________________________ )
Name
)
______________________________ ) Civil Action File No. _______________
Street Address
)
______________________________ )
City
State
ZIP Code )
______________________________ )
E-mail Address
)
______________________________ )
Phone Number
)
______________________________ )
Bar Number
)
)
v.
)
)
Defendant:
)
______________________________ )
Name
)
______________________________ )
Street Address
)
______________________________ )
City
State
ZIP Code )
)
Garnishee:
)
THURSDAY, MARCH 24, 2016
3693
______________________________ )
Name
)
______________________________ )
Street Address
)
______________________________ )
City
State
ZIP Code )
AFFIDAVIT OF CONTINUING GARNISHMENT
DO NOT USE THIS FORM FOR A CONTINUING GARNISHMENT FOR CHILD SUPPORT OR ALIMONY. SEE O.C.G.A. 18-4-73.
Personally appeared ______________________________, who on oath says: (Print name)
1. I am the (Plaintiff) (Attorney at Law for Plaintiff) (Agent for Plaintiff). [Circle one] 2. The Plaintiff obtained a judgment against the Defendant in Case Number ________ in the _______________ Court of ______________ County, ____________________,
State and no agreement requires forbearance from the garnishment which is applied for currently. 3. $________________ is the balance due, which consists of the sum of $__________ Principal, $____________ Postjudgment interest, and $____________ Other (e.g., prejudgment interest, attorney's fees, costs [exclusive of the cost of this action]). 4. Upon the Affiant's personal knowledge or belief, the sum stated herein is unpaid. 5. The Affiant believes that the Garnishee is an employer of the Defendant.
This __________ day of ____________________, 20____.
__________________ Affiant
__________________ Print name of Affiant
Sworn to and subscribed before me this _________ day of ___________________________________, 20____.
____________________________________________ Notary Public or Deputy Clerk of Court'
3694
JOURNAL OF THE HOUSE
18-4-73.
'IN THE _____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
Plaintiff:
)
______________________________ )
Name
)
)
Plaintiff's contact information:
)
______________________________ )
Name
)
______________________________ ) Civil Action File No. _______________
Street Address
)
______________________________ )
City
State
ZIP Code )
______________________________ )
E-mail Address
)
______________________________ )
Phone Number
)
______________________________ )
Bar Number
)
)
v.
)
)
Defendant:
)
______________________________ )
Name
)
______________________________ )
Street Address
)
______________________________ )
City
State
ZIP Code )
)
Garnishee:
)
______________________________ )
Name
)
______________________________ )
Street Address
)
______________________________ )
City
State
ZIP Code )
AFFIDAVIT OF CONTINUING GARNISHMENT FOR SUPPORT
Personally appeared ______________________________, who on oath says:
THURSDAY, MARCH 24, 2016
3695
(Print name)
1. I am the (Plaintiff) (Attorney at Law for Plaintiff) (Agent for Plaintiff). [Circle
one]
2. The Plaintiff obtained a judgment against the Defendant in Case Number
________
in the _______________ Court of ______________ County,
____________________,
State
and no agreement requires forbearance from the garnishment which is applied for
currently.
3. The Affiant states that the Defendant is in arrears on the obligation for support in
an amount equal to or in excess of one month's obligation as decreed in the judgment
for support and provides the following information:
$___________ is the amount of arrearage which exists under the judgment as of the
execution of this affidavit.
Check one of the boxes below and complete the requested information:
A. Periodic support is owed for one obligee, or the judgment sets forth a total
amount of periodic support for multiple obligees as follows:
$ ___________ is the total amount of periodic support due for
________________,
Name of obligee
_________________________, and __________________________. Such
periodic
Name of obligee
Name of obligee
support is payable on a _____________________ basis.
E.g., weekly, monthly
The termination date of the obligation for periodic support is __________________.
Date
B. Periodic support is owed for multiple obligees, and the judgment sets forth a
different amount of periodic support for each obligee as follows:
$ __________ is the total amount of periodic support due for
_________________,
Name of obligee
payable on a __________________________ basis, and the termination date of
such
E.g., weekly, monthly
obligation is _________________________.
Date
$ __________ is the total amount of periodic support due for
_________________,
Name of obligee
payable on a __________________________ basis, and the termination date of
such
3696
JOURNAL OF THE HOUSE
E.g., weekly, monthly obligation is _________________________.
Date
$ __________ is the total amount of periodic support due for _________________, Name of obligee payable on a __________________________ basis, and the termination date of such
E.g., weekly, monthly obligation is _________________________.
Date 4. Check this box and attach a certified copy of the judgment for support hereto. 5. Upon the Affiant's personal knowledge or belief, the sum stated herein is unpaid. 6. The Affiant believes that the Garnishee is an employer of the Defendant.
This __________ day of ____________________, 20____.
Sworn to and subscribed before me this _________ day of ___________________________________, 20____. ____________________________________________ Notary Public or Deputy Clerk of Court'
___________________ Affiant
___________________ Print name of Affiant
18-4-74.
'IN THE _____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
Plaintiff:
)
______________________________ )
Name
)
)
Plaintiff's contact information:
)
______________________________ )
Name
)
______________________________ ) Civil Action File No. _______________
Street Address
)
______________________________ )
City
State
ZIP Code )
______________________________ )
THURSDAY, MARCH 24, 2016
3697
E-mail Address ______________________________ Phone Number ______________________________ Bar Number
v.
Defendant:
______________________________
Name
______________________________
Street Address
______________________________
City
State
ZIP Code
Garnishee:
______________________________
Name
______________________________
Street Address
______________________________
City
State
ZIP Code
)
)
)
)
)
)
)
)
) Garnishment Court information:
) ______________________________
) Street Address
) _____________, Georgia _________
) City
ZIP Code
) ______________________________
) Phone Number
)
)
)
)
)
)
)
)
SUMMONS OF GARNISHMENT
Check this box if this is a garnishment for child support or alimony. If this is intended to be a continuing garnishment for support, use the form set forth in
O.C.G.A. 18-4-80.
TO THE ABOVE-NAMED GARNISHEE: Total amount claimed due by the Plaintiff.......................... $________________ Plus court costs due on this summons................................. $________________ Total garnishment claim................................................... $________________
COURT OF JUDGMENT _______________________________________________ JUDGMENT CASE NO. ________________________________________________
YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, including property in safe-deposit boxes or similar property that you hold, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons and including the next 29 days. You are FURTHER COMMANDED to file
3698
JOURNAL OF THE HOUSE
your answer, in writing, not sooner than 30 days and not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold beginning on the day of service of this summons and including the next 29 days. Money, including wages, or other property admitted in an answer to be subject to garnishment must be paid or delivered to the Court concurrently with your answer.
If, in answering this summons, you state that the property of the Defendant includes property in a safe-deposit box or similar property, you shall answer to the Court issuing this summons as to the existence of such safe-deposit box or similar property and shall restrict access to any contents of such safe-deposit box or similar property until further order of such Court regarding the disposition of such contents or 120 days from the date of filing your answer to this summons unless such time has been extended by the Court, whichever is sooner.
Should you fail to file a Garnishee Answer as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Garnishment.
WITNESS, the Honorable ________________________, Judge of said Court. This ____ day of ________________________________, 20______.
________________________, Clerk of Court By: _________________________________ Deputy Clerk, ____________________ Court'
18-4-75.
'IN THE ____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
________________________
)
Plaintiff
)
)
v.
) Civil Action File No._______ ___
)
________________________
)
Defendant
)
)
________________________
)
THURSDAY, MARCH 24, 2016
3699
Garnishee
)
ATTACHMENT FOR SUMMONS OF GARNISHMENT
Other known names of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Current and past addresses of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Social security number or federal tax identification number of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
THIS PLEADING SHALL NOT BE FILED WITH THE COURT'
18-4-76.
'IN THE _____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
Plaintiff:
)
______________________________ )
Name
)
)
Plaintiff's contact information:
)
______________________________ )
Name
)
______________________________ ) Civil Action File No. _______________
Street Address
)
______________________________ )
City
State
ZIP Code )
______________________________ )
E-mail Address
)
______________________________ )
Phone Number
)
______________________________ )
Bar Number
)
)
v.
)
3700
JOURNAL OF THE HOUSE
Defendant:
______________________________
Name
______________________________
Street Address
______________________________
City
State
ZIP Code
Garnishee:
______________________________
Name
______________________________
Street Address
______________________________
City
State
ZIP Code
)
) Garnishment Court information:
) ______________________________
) Street Address
) _____________, Georgia _________
) City
ZIP Code
) ______________________________
) Phone Number
)
)
)
)
)
)
)
)
SUMMONS OF GARNISHMENT ON A FINANCIAL INSTITUTION
DO NOT USE THIS FORM IF THIS IS A CONTINUING GARNISHMENT (SEE O.C.G.A. 18-4-72 and 18-4-78) OR CONTINUING GARNISHMENT FOR
CHILD SUPPORT OR ALIMONY (SEE O.C.G.A. 18-4-73 and 18-4-80).
Check this box if other allegations are made against a nonjudgment Defendant pursuant to O.C.G.A. 18-4-23.
Check this box if this is a garnishment for child support or alimony.
TO THE ABOVE-NAMED GARNISHEE: Total amount claimed due by the Plaintiff.......................... $________________ Plus court costs due on this summons................................. $________________ Total garnishment claim................................................... $________________
COURT OF JUDGMENT _______________________________________________ JUDGMENT CASE NO. ________________________________________________
YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, including property in safe-deposit boxes or similar property that you hold, belonging to the Defendant named above beginning on the day of service of this summons and including the next five days. You are FURTHER COMMANDED to file your answer, in writing, not sooner than five days and not later than 15 days after the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the
THURSDAY, MARCH 24, 2016
3701
Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant you hold beginning on the day of service of this summons and including the next five days. Money, including wages, or other property admitted in an answer to be subject to garnishment must be paid or delivered to the Court concurrently with your answer.
If, in answering this summons, you state that the property of the Defendant includes property in a safe-deposit box or similar property, you shall answer to the Court issuing this summons as to the existence of such safe-deposit box or similar property and shall restrict access to any contents of such safe-deposit box or similar property until further order of such Court regarding the disposition of such contents or 120 days from the date of filing your answer to this summons unless such time has been extended by the Court, whichever is sooner.
Should you fail to file a Garnishee Answer as required by this summons, a judgment by default will be rendered against you for the amount remaining due on the judgment as shown in the Plaintiff's Affidavit of Garnishment.
WITNESS, the Honorable ________________________, Judge of said Court. This ____ day of ________________________________, 20______.
________________________, Clerk of Court By: _________________________________ Deputy Clerk, ____________________ Court'
18-4-77.
'IN THE _____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
________________________
)
Plaintiff
)
)
v.
) Civil Action File No._____________
)
________________________
)
Defendant
)
)
________________________
)
Garnishee
)
3702
JOURNAL OF THE HOUSE
ATTACHMENT FOR SUMMONS OF GARNISHMENT ON A FINANCIAL INSTITUTION
Other known names of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Current and past addresses of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Social security number or federal tax identification number of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Account or identification numbers of accounts of the Defendant used by the Garnishee: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Other allegations pursuant to O.C.G.A. 18-4-23: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
THIS PLEADING SHALL NOT BE FILED WITH THE COURT'
18-4-78.
'IN THE _____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
Plaintiff:
)
______________________________ )
Name
)
)
Plaintiff's contact information:
)
______________________________ )
Name
)
______________________________ ) Civil Action File No. _______________
Street Address
)
______________________________ )
City
State
ZIP Code )
______________________________ )
E-mail Address
)
THURSDAY, MARCH 24, 2016
3703
______________________________ Phone Number ______________________________ Bar Number
v.
Defendant:
______________________________
Name
______________________________
Street Address
______________________________
City
State
ZIP Code
Garnishee:
______________________________
Name
______________________________
Street Address
______________________________
City
State
ZIP Code
)
)
)
)
)
)
)
) Garnishment Court information:
) ______________________________
) Street Address
) _____________, Georgia _________
) City
ZIP Code
) ______________________________
) Phone Number
)
)
)
)
)
)
)
)
SUMMONS OF CONTINUING GARNISHMENT
TO THE ABOVE-NAMED GARNISHEE: Total amount claimed due by the Plaintiff.......................... $________________ Plus court costs due on this summons................................. $________________ Total garnishment claim................................................... $________________
COURT OF JUDGMENT _______________________________________________ JUDGMENT CASE NO. ________________________________________________
YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons and including the next 179 days. You are FURTHER COMMANDED to file your answer, in writing, not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to
3704
JOURNAL OF THE HOUSE
the Defendant you hold or owe beginning on the day of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe at and from the time of the last answer to the time of the current answer. The last answer required by this summons shall be filed no later than the 195th day after you receive this summons. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be paid or delivered to the Court concurrently with each answer.
Should you fail to file Garnishee Answers as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Continuing Garnishment.
WITNESS, the Honorable ________________________, Judge of said Court. This ____ day of ________________________________, 20______.
________________________, Clerk of Court By: _________________________________ Deputy Clerk, ____________________ Court'
18-4-79.
'IN THE ____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
________________________
)
Plaintiff
)
)
v.
) Civil Action File No._____________
)
________________________
)
Defendant
)
)
________________________
)
Garnishee
)
ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT
Other known names of the Defendant: _____________________________________________________________________ _____________________________________________________________________
THURSDAY, MARCH 24, 2016
3705
_____________________________________________________________________ Current and past addresses of the Defendant:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Social security number or federal tax identification number of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
THIS PLEADING SHALL NOT BE FILED WITH THE COURT'
18-4-80.
'IN THE _____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
Plaintiff:
)
______________________________ )
Name
)
)
Plaintiff's contact information:
)
______________________________ )
Name
)
______________________________ ) Civil Action File No. _______________
Street Address
)
______________________________ )
City
State
ZIP Code )
______________________________ )
E-mail Address
)
______________________________ )
Phone Number
)
______________________________ )
Bar Number
)
)
v.
)
)
Defendant:
) Garnishment Court information:
______________________________ ) ______________________________
Name
) Street Address
______________________________ ) _____________, Georgia _________
Street Address
) City
ZIP Code
______________________________ ) ______________________________
City
State
ZIP Code ) Phone Number
3706
JOURNAL OF THE HOUSE
)
Garnishee:
)
______________________________ )
Name
)
______________________________ )
Street Address
)
______________________________ )
City
State
ZIP Code )
SUMMONS OF CONTINUING GARNISHMENT FOR SUPPORT GOVERNED BY ARTICLE 3 OF CHAPTER 4 OF TITLE 18
TO THE ABOVE-NAMED GARNISHEE: Total amount claimed due by the Plaintiff.......................... $________________ Plus court costs due on this summons................................. $________________ Total garnishment claim................................................... $________________
COURT OF JUDGMENT _______________________________________________ JUDGMENT CASE NO. ________________________________________________
YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons until the original arrearage is retired and all periodic support payments are current or until the termination of the garnishment. You are FURTHER COMMANDED to file your answer, in writing, not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe beginning on the day of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe at and from the time of the last answer to the time of the current answer. YOU MUST FILE ADDITIONAL ANSWERS UNTIL THE ORIGINAL ARREARAGE IS RETIRED AND ALL PERIODIC SUPPORT PAYMENTS ARE CURRENT. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be paid or delivered to the Court concurrently with each answer. The Plaintiff and the Defendant are required by
THURSDAY, MARCH 24, 2016
3707
law to serve you with a copy of any amendment or modification to the original judgment.
Should you fail to file Garnishee Answers as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Continuing Garnishment.
WITNESS, the Honorable ________________________, Judge of said Court. This ____ day of ________________________________, 20______.
________________________, Clerk of Court By: _________________________________ Deputy Clerk, ____________________ Court'
18-4-81.
'IN THE ____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
________________________
)
Plaintiff
)
)
v.
) Civil Action File No._ _ __
)
________________________
)
Defendant
)
)
________________________
)
Garnishee
)
ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT FOR SUPPORT
Other known names of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Current and past addresses of the Defendant: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Social security number or federal tax identification number of the Defendant: _____________________________________________________________________ _____________________________________________________________________
3708
JOURNAL OF THE HOUSE
_____________________________________________________________________
THIS PLEADING SHALL NOT BE FILED WITH THE COURT'
18-4-82.
'IN THE _____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
Plaintiff:
)
______________________________ )
Name
)
)
Plaintiff's contact information:
)
______________________________ )
Name
)
______________________________ ) Civil Action File No. _______________
Street Address
)
______________________________ )
City
State
ZIP Code )
______________________________ )
E-mail Address
)
______________________________ )
Phone Number
)
______________________________ )
Bar Number
)
)
v.
)
)
Defendant:
)
______________________________ )
Name
)
______________________________ )
Street Address
)
______________________________ )
City
State
ZIP Code )
)
Garnishee:
)
______________________________ )
Name
)
______________________________ )
Street Address
)
______________________________ )
City
State
ZIP Code )
THURSDAY, MARCH 24, 2016
3709
NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF MONEY, INCLUDING WAGES, AND OTHER PROPERTY
You received this notice because money, including wages, and other property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY, INCLUDING WAGES, OR OTHER PROPERTY. READ THIS NOTICE CAREFULLY.
State and federal law protects some money, including wages, from garnishment even if it is in a bank. Some common exemptions are benefits from social security, supplemental security income, unemployment, workers' compensation, the Veterans' Administration, state pension, retirement funds, and disability income. This list of exemptions does not include all possible exemptions. A more detailed list of exemptions is available at the Clerk of Court's office located at ________________________ (Name of Court), _________________________ (Address), _________________________ (City), Georgia _________ (ZIP Code), and on the website for the Attorney General (www.law.ga.gov).
Garnishment of your earnings from your employment is limited to the lesser of 25 percent of your disposable earnings for a week or the amount by which your disposable earnings for a week exceed $217.00. More than 25 percent of your disposable earnings may be taken from your earnings for the payment of child support or alimony or if a Chapter 13 bankruptcy allows a higher amount.
TO PROTECT YOUR MONEY, INCLUDING WAGES, AND OTHER PROPERTY FROM BEING GARNISHED, YOU MUST:
1. Complete the Defendant's Claim Form as set forth below; and 2. File this completed claim form with the Clerk of Court's office located at _____________________ (Name of Court), ____________________ (Address), ________________________ (City), Georgia _________ (ZIP Code). FILE YOUR COMPLETED CLAIM FORM AS SOON AS POSSIBLE. You may lose your right to claim an exemption if you do not file your claim form within 20 days after the Garnishee's Answer is filed or if you do not mail or deliver a copy of your completed claim form to the Plaintiff and the Garnishee at the addresses listed on this notice.
The Court will schedule a hearing within ten days from when it receives your claim form. The Court will mail you the time and date of the hearing at the address that you provide on your claim form. You may go to the hearing with or without an attorney. You will need to give the Court documents or other proof that your money is exempt.
3710
JOURNAL OF THE HOUSE
The Clerk of Court cannot give you legal advice. IF YOU NEED LEGAL ASSISTANCE, YOU SHOULD SEE AN ATTORNEY. If you cannot afford a private attorney, legal services may be available.
DEFENDANT'S CLAIM FORM
I CLAIM EXEMPTION from garnishment. Some of my money or property held
by the garnishee is exempt because it is: (check all that apply)
1. Social security benefits. 2. Supplemental security income benefits. 3. Unemployment benefits. 4. Workers' compensation. 5. Veterans' benefits. 6. State pension benefits. 7. Disability income benefits. 8. Money that belongs to a joint account holder. 9. Child support or alimony. 10. Exempt wages, retirement, or pension benefits. 11. Other exemptions as provided by law.
Explain: ____________________________________________________________ ___________________________________________________________________
I further state: (check all that apply) 1. The Plaintiff does not have a judgment against me. 2. The amount shown due on the Plaintiff's Affidavit of Garnishment is incorrect. 3. The Plaintiff's Affidavit of Garnishment is untrue or legally insufficient.
Send the notice of the hearing on my claim to me at: Address:______________________________________________________________ Phone Number:_________________________________________________________ E-mail Address:________________________________________________________
The statements made in this claim form are true to the best of my knowledge and belief.
_______________________________ ________________________________,20____
Defendant's signature
Date
______________________________
Print name of Defendant
THURSDAY, MARCH 24, 2016
3711
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This ______________day of ________________, 20__.
______________________________ Defendant or Defendant's Attorney'
18-4-83.
'IN THE _____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
________________________
)
Plaintiff
)
)
v.
) Civil Action File No_ __
)
________________________
)
Defendant
)
)
________________________
)
Garnishee
)
_____
ORDER FOR HEARING ON DEFENDANT'S CLAIM
It is hereby ordered that a hearing be held upon the Defendant's claim before this court on the ______ day of ______________, 20__, at __:__ _. M., and that the Clerk of Court shall transmit a copy of the Defendant's Claim Form and this order to the Plaintiff, the Defendant, and the Garnishee.
This ______________day of ________________, 20__.
________________________________________ Judge,
______________ Court of ____________ County
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by
3712
JOURNAL OF THE HOUSE
depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This ______________day of ________________, 20__.
_____________________ Deputy Clerk of Court'
18-4-84.
'IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
)
________________________
)
Plaintiff
)
)
v.
) Civil Action File No._____________
)
________________________
)
Defendant
)
)
________________________
)
Garnishee
)
GARNISHEE ANSWER
1. At the time of service or from the time of service to the time of this Garnishee Answer, the Garnishee had in its possession the following described property of the Defendant:
___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 2. At the time of service or from the time of service to the time of this Garnishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $___________. 3. $ ________ is the amount herewith paid into court. 4. The Garnishee further states: __________________________________________.
__________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee
THURSDAY, MARCH 24, 2016
3713
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This ______________day of ________________, 20__.
________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee'
18-4-85.
'IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
)
________________________
)
Plaintiff
)
)
v.
) Civil Action File No._____________
)
________________________
)
Defendant
)
)
________________________
)
Garnishee
FINANCIAL INSTITUTION GARNISHEE ANSWER
1. At the time of service of the Summons of Garnishment on a Financial Institution and including the next five days, the Garnishee had in its possession the following described money and property of the Defendant:
___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 2. $________ is the amount herewith paid into court. 3. Check this box if the Defendant is not presently an account holder of the Garnishee.
4. The Garnishee further states: __________________________________________.
3714
JOURNAL OF THE HOUSE
________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This ______________day of ________________, 20__.
________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee'
18-4-86.
'IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
)
________________________
)
Plaintiff
)
)
v.
) Civil Action File No._____________
)
________________________
)
Defendant
)
)
________________________
)
Garnishee
)
GARNISHEE ANSWER TO CONTINUING GARNISHMENT
1. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, the Garnishee had in the Garnishee's possession the following described property of the Defendant:
___________________________________________________________________ ___________________________________________________________________
THURSDAY, MARCH 24, 2016
3715
___________________________________________________________________ 2. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $___________. 3. $___________ of the amount named in paragraph 2 were wages earned at the rate of $____________ per __________ for the period beginning ________________, 20____,
Date through the time of making this Garnishee Answer. The amount of wages which is subject to this garnishment is computed as follows:
$ ________ Gross earnings $ ________ Total social security and withholding tax and other mandatory deductions required by law $ ________ Total disposable earnings $ ________ Amount of wages subject to garnishment. 4. $ ________ is the amount herewith paid into court. 5. Check this box if the Defendant is not presently employed by the Garnishee. 6. Check this box if the Defendant was employed by the Garnishee on or after service of the Summons of Continuing Garnishment but was terminated as of _________________, 20____.
Date 7. Check this box if this is the last Garnishee Answer this Garnishee is required to file to the presently pending Summons of Garnishment in the abovestyled case. 8. The Garnishee further states: __________________________________________.
________________________________ Garnishee,
Garnishee's Attorney, or officer or employee of an entity Garnishee
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This ______________day of ________________, 20__.
3716
JOURNAL OF THE HOUSE
________________________________
Garnishee,
Garnishee's Attorney, or
officer or employee of an entity Garnishee'
18-4-87.
'IN THE ____________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
________________________
)
Plaintiff
)
)
v.
) Civil Action File No._____________
)
________________________
)
Defendant
)
)
________________________
)
Garnishee
)
PLAINTIFF'S TRAVERSE
Now comes the Plaintiff in the above-styled case and traverses the Garnishee Answer by saying the same is untrue or legally insufficient. The Plaintiff further states: ______________________________________________________________________ ______________________________________________________________________.
_____________________________ Plaintiff or Plaintiff's Attorney
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Defendant and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This ______________day of ________________, 20__.
_________________________________ Plaintiff or Plaintiff's Attorney'
18-4-88. 'IN THE ____________ COURT OF __________ COUNTY STATE OF GEORGIA
THURSDAY, MARCH 24, 2016
3717
________________________ Plaintiff
v.
________________________ Defendant
________________________ Garnishee
) ) ) ) ) Civil Action File No._____________ ) ) ) ) ) )
THIRD-PARTY CLAIM
Personally appeared ______________________________, who on oath says that he or she
(Print name) has a claim superior to that of the Plaintiff to the money or other property in the hands of the Garnishee subject to the process of garnishment. The Affiant further states: (check applicable box and complete the information requested)
The Affiant obtained a judgment against the Defendant in the ___________ Court of ________________ County, _______________, in Case Number ________________
State on ___________________, and the unpaid balance of such judgment is in the amount of
Date $ ____________________.
or The basis of the Affiant's claim is _______________________________________ _____________________________________________________________________ .
This __________ day of ____________________, 20____.
____________________ Affiant
____________________ Print name of Affiant
Sworn to and subscribed before me this _________ day of ___________________________________, 20____.
3718
JOURNAL OF THE HOUSE
____________________________________________ Notary Public or Deputy Clerk of Court
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This ______________day of ________________, 20__.
______________________________________________ Third-party Claimant or Third-party Claimant's Attorney'
18-4-89.
'IN THE ___________ COURT OF __________ COUNTY
STATE OF GEORGIA
)
________________________
)
Plaintiff
)
)
v.
) Civil Action File No._____________
)
________________________
)
Defendant
)
)
________________________
)
Garnishee
)
RELEASE OF GARNISHMENT
To: _____________________ Garnishee
This is to notify you that you have been released from filing a Garnishee Answer to any and all Summons of Garnishment or Summons of Continuing Garnishment pending as of this date in the above-styled case.
This release authorizes you to pay or deliver to the Defendant in garnishment any money or other property in your possession belonging to the Defendant.
THURSDAY, MARCH 24, 2016
3719
This release does not terminate the garnishment proceedings, nor does this release relieve you of any obligation placed on you by the service of a Summons of Garnishment subsequent to this date.
This ______ day of ______________, 20__.
__________________________________ Clerk,
__________ Court of __________ County
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This ______________day of ________________, 20__.
__________________________ Deputy Clerk of Court'"
SECTION 3. Code Section 44-7-50 of the Official Code of Georgia Annotated, relating to demand for possession, is amended by revising subsection (a) as follows:
"(a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of the owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits 18-4-3."
3720
JOURNAL OF THE HOUSE
SECTION 4.
Code Section 53-12-80 of the Official Code of Georgia Annotated, relating to spendthrift provisions, is amended by revising subsection (d) as follows:
"(d) A spendthrift provision shall not be valid as to the following claims against a beneficiary's right to a current distribution to the extent the distribution would be subject to garnishment under Article 2 1 of Chapter 4 of Title 18 if the distribution were disposable earnings:
(1) Alimony or child support; (2) Taxes or other governmental claims; (3) Tort judgments; (4) Judgments or orders for restitution as a result of a criminal conviction of the beneficiary; or (5) Judgments for necessaries. The ability of a creditor or assignee to reach a beneficiary's interest under this subsection shall not apply to the extent that it would disqualify the trust as a special needs trust established pursuant to 42 U.S.C. Sections 1396p(d)(4)(A) or 1396p(d)(4)(C)."
SECTION 5. This Act shall become effective 30 days after its approval by the Governor or 30 days after 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 Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
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 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 Jasperse Y Jones, J Y Jones, J.B.
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle 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
THURSDAY, MARCH 24, 2016
3721
Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
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 174, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SR 863. By Senator Gooch of the 51st:
A RESOLUTION recognizing United States military veterans of the Vietnam War and dedicating a bridge in their honor; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, veterans of the Vietnam War demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and
3722
JOURNAL OF THE HOUSE
WHEREAS, these brave men and women served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and
WHEREAS, it is important that Vietnam veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and
WHEREAS, these individuals embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.
PART II WHEREAS, 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, both Major General William "Bill" K. Gayler and Brigadier General John "Pete" P. Johnson have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and
WHEREAS, the son of Max and Pat Gayler of Chattoogaville, Georgia, Major General Gayler graduated from North Georgia College, entered the United States Armed Forces in the aviation branch, and currently serves as Deputy Commanding General, U.S. Army Europe, and Commander, U.S. Army NATO, in Wiesbaden, Germany; and
WHEREAS, the son of Paulie and Aurora Johnson of Chattoogaville, Georgia, Brigadier General Johnson graduated from the United States Military Academy at West Point, entered the United States Armed Forces in the infantry branch, and currently serves as Director, Training Directorate, G3/5/7 Operations and Plans, United States Department of the Army at the Pentagon; and
WHEREAS, both men served tours in Iraq, Afghanistan, and other combat areas; have commanded companies, battalions, and brigades; and have served in the position of Chief of Staff, 101st Air Assault Division; and
WHEREAS, both Major General Gayler and Brigadier General Johnson were promoted to the rank of Brigadier General at the same time, had fathers who were neighbors and close friends growing up in Chattoogaville, and come from military families; and
THURSDAY, MARCH 24, 2016
3723
WHEREAS, the Gayler and Johnson families have a combined 155 years and counting of military service to this nation; and
WHEREAS, Major General Gayler and Brigadier General Johnson embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that these remarkable and distinguished Americans be recognized appropriately by dedicating a road in their honor.
PART III WHEREAS, Mr. L. Wesley Smith was born in Whitwell, Tennessee, to J.W. and Billie Faye Moiser Smith but called Ringgold, Georgia, home for 43 years; and
WHEREAS, Mr. Smith was widely recognized 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 dedicated his career to the banking industry for more than 50 years, starting as a bank teller for Pioneer Bank in 1965 and retiring as CEO and chairman of Northwest Georgia Bank where he served on the board for as long as his health permitted; and
WHEREAS, Mr. Smith was a former chairman of the Georgia Bankers Association and also served on the American Bankers Association Board of Directors; and
WHEREAS, he understood and demonstrated the importance of serving one's community by serving as deacon at several area churches and also was a member of Gathering Church in Fort Oglethorpe; and
WHEREAS, Mr. Smith was a strong community supporter and civic leader, helping to found the Catoosa County Chamber of Commerce and through his leadership the Northwest Georgia Bank Foundation donated more than $1 million to local charities and constructed the Northwest Georgia Bank Amphitheatre; and
WHEREAS, he served as treasurer for Governor Nathan Deal's gubernatorial campaign and served on his transition team; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his memory.
PART IV WHEREAS, Mr. Walter Frazier, Jr., was also known by teammates, coaches, opponents, and fans by the nickname "Clyde" which was derived from the famed robber Clyde
3724
JOURNAL OF THE HOUSE
Barrow of Bonnie and Clyde due to his precision in stealing the basketball from opponents; and
WHEREAS, the eldest of nine children, Mr. Frazier graduated from Howard High School in Atlanta, where he excelled as a quarterback of the football team and a catcher on the baseball team; and
WHEREAS, he accepted a basketball scholarship to Southern Illinois University and earned All American honors as a senior; and
WHEREAS, he was a first round draft pick for the New York Knicks in the 1987 NBA draft, and during his rookie year, Mr. Frazier and his teammate, Phil Jackson, were named to the NBA All-Rookie Team; and
WHEREAS, known for his amazing peripheral vision and quick hands, Mr. Frazier's skill and leadership helped the New York Knicks earn NBA Championship titles in 1970 and 1973; and
WHEREAS, considered one of the best players in the history of the NBA, Mr. Frazier was named to the All-NBA First Team four times, the All-NBA Second Team two times, and the All Defensive First Team seven times; and
WHEREAS, this seven-time NBA All-Star was named All-Star Most Valuable Player in 1975 and elected into the Naismith Memorial Basketball Hall of Fame in 1987; and
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be recognized by dedicating a road in his honor.
PART V WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, Private Lonnie S. Rhinehart demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously defending his fellow citizens during World War II in Germany; and
WHEREAS, Private Rhinehart was in battle for 19 days and was 19 years old when he was killed on January 20, 1945; and
THURSDAY, MARCH 24, 2016
3725
WHEREAS, Private Rhinehart 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 an intersection in his memory.
PART VI 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, U.S. Navy Petty Officer 2nd Class Randall Smith demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and
WHEREAS, he was injured in a terrorist attack on the Navy Operational Support Center in Chattanooga on July 16, 2015, and died from his injuries; and
WHEREAS, Petty Officer Smith was posthumously awarded the Purple Heart by the Navy for his selfless display of bravery and sacrifice; and
WHEREAS, Petty Officer Smith 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 an intersection in his memory.
PART VII 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, Private First Class Charles W. Bradshaw demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and
WHEREAS, he was wounded in action while serving in the Korean War on March 20, 1953, and died from his injuries; and
WHEREAS, Private First Class Bradshaw was posthumously awarded the Purple Heart by the United States Marine Corps for his selfless display of bravery and sacrifice; and
WHEREAS, Private First Class Bradshaw embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that
3726
JOURNAL OF THE HOUSE
this remarkable and distinguished American be recognized appropriately by dedicating an intersection in his memory.
PART VIII WHEREAS, Senator Michael Polak is widely recognized by the citizens of this state for the vital role that he plays in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Senator Polak served ten years in the Georgia State Senate and Georgia House of Representatives, where he played a pivotal role serving the citizens of Georgia, was elected and re-elected five times by the citizens of DeKalb County, and retired in 2002; and
WHEREAS, Senator Polak was recognized for his legislative efforts by a broad spectrum of organizations with more than 20 Legislator of the Year and Leadership awards for his commitment to improving the lives of Georgians, especially senior citizens, veterans, children in foster care, individuals living with disabilities, and the economically disadvantaged; and
WHEREAS, known by his fellow members of the General Assembly as the father of ethics in Georgia, Senator Polak was recognized as a leader in calling for ethics and campaign finance reform, on which many of Georgia's current laws are based; and
WHEREAS, as a freshman in the Senate he was one of a few in history to receive a chairmanship position during his first term; and
WHEREAS, as chairman of the Senate Science, Technology, and Defense Committee and Sub Committee on Appropriations for Science and Technology, Senator Polak became a leader in technology policy, paving the way for secure digital transactions, as well as the creation of the Georgia Technology Authority; and
WHEREAS, one of his more significant, yet not well known, achievements includes his authorship and successful passage of legislation as a member of the House of Representatives to place Governor Zell Miller's HOPE Scholarship program into law, which stands as one of the most significant educational initiatives in the history of Georgia; and
WHEREAS, his time in the General Assembly was marked by his thoughtful deliberation and willingness to cross party lines, challenge the status quo, and persevere difficult challenges facing Georgia citizens; and
THURSDAY, MARCH 24, 2016
3727
WHEREAS, Senator Polak has continued his commitment to Georgia and sharing his passion for politics as an adjunct professor teaching political science at the Georgia Institute of Technology; and
WHEREAS, he lives in Decatur, Georgia, and has been united in love and marriage to his wife, Holly Lanford, for 22 wonderful years and been blessed with two remarkable sons, Chase and Joshua; and
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be recognized by dedicating a bridge in his former legislative district in his honor.
PART IX WHEREAS, the Nacoochee Valley was the point of intersection of two major trails used by early Native Americans, where a settlement was formed called Little Chota; and
WHEREAS, the Unicoi Trail passed through the Valley across Unicoi Gap going to Hiawassee, North Carolina, East Tennessee, and then Kentucky, and the Rabun Trail began with Coosa to Tugaloo River, Sautee Creek, and Bean Creek and then entered the Valley, exiting at Dukes Creek to Dahlonega then Northeast Alabama; and
WHEREAS, the Sautee Valley, adjacent to the Nacoochee Valley, has its center point at Highway 255 and Lynch Mountain Road; and
WHEREAS, a toll road was constructed by early settlers on the Unicoi Trail through the Cherokee Nation and was called the Unicoi Turnpike; and
WHEREAS, gold was first discovered in 1828 in the Valley, then a part of Habersham County, and in 1857, White County was cut out of Habersham; gold mining companies were given permission by the Georgia Legislature in 1858 to put in hydraulic mining techniques in the Valley; and
WHEREAS, Governor Hardman acquired the Nichols-Hunnicutt Hardman Estate with a home and the Cherokee Native American Burial Mound in the Nacoochee Valley in 1903, which is still one of the most photographed sites in Georgia; and
WHEREAS, massive timber companies operated in the Valley in the early twentieth century, and in the 1920s, the Smithsonian Museum excavated the Nacoochee Mound in the Valley and found Cherokee Native American artifacts; and
WHEREAS, in the 1970s, the City of Helen was regenerated and turned into an Alpine Village, bringing with it a huge influx of visitors to the Nacoochee Valley; and
3728
JOURNAL OF THE HOUSE
WHEREAS, the Nacoochee Valley in White County with approximately 25,000 acres was added to the National Register of Historic Places by the United States Department of Interior in 1980; in 1986, the Sautee Valley with 10,000 acres was added to the National Register of Historic Places; and
WHEREAS, the Sautee Nacoochee Community Association was then formed as a private, nonprofit organization with a mission to protect the Valley's preservation and is housed in a schoolhouse on the former Nacoochee Institute site; and
WHEREAS, the Sautee and Nacoochee Valleys were designated in the 1980s as one of the 100 Best Small Arts Communities in the United States; and
WHEREAS, it is abundantly fitting and proper that these historic areas and important locations be recognized by dedicating three roads in their honor.
PART X WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Sheriff Dewey George Seagraves; and
WHEREAS, Sheriff Seagraves was born in Madison County in 1906 and was a cotton farmer and part-time bailiff before he was elected to serve as sheriff of Madison County in 1950; and
WHEREAS, he dedicated his life to protecting and serving the citizens of Madison County from 1950 until his retirement in 1972, with his tenure as sheriff standing as the longest in the county's history; and
WHEREAS, Sheriff Seagraves was known as a "people's sheriff," often going above and beyond the call of duty to provide assistance and a helping hand; and
WHEREAS, a fair but firm man, he was known to bring someone home who had done wrong instead of placing them in jail, giving them a stern warning and life lesson; and
WHEREAS, Sheriff Seagraves exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties and it is abundantly fitting and proper that an intersection is named in his memory.
PART XI WHEREAS, a historic natural landmark, Currahee Mountain is the first mountain in the Appalachian Range and was designated the edge of the western frontier of America in 1784; and
WHEREAS, "Currahee" is a Cherokee Indian word meaning "stands alone"; and
THURSDAY, MARCH 24, 2016
3729
WHEREAS, Currahee Mountain was the site chosen as the home of Camp Toccoa, the World War II training camp for paratroopers; and
WHEREAS, beginning in 1942, Camp Toccoa was the training site for more than 17,000 paratroopers from the 501st, 506th, 511th, and 517th parachute infantry divisions; and
WHEREAS, Currahee Mountain served as a backdrop for films, documentaries, and books about the 6,000 "Toccoa Men" who successfully completed paratrooper training, including Band of Brothers, Saving Private Ryan, and The Dirty Dozen; and
WHEREAS, "Currahee" was the battle cry for the 506th Parachute Infantry Regiment; and
WHEREAS, Currahee Mountain is home of the legendary "3 miles up, 3 miles down" training run; and
WHEREAS, it is abundantly fitting and proper that a parkway be dedicated to honor the rich history and tradition of this location.
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 Bobby Mathis on December 28, 2015; and
WHEREAS, a native of Talbot County, Georgia, Trooper Mathis served as a member of the Executive Detail of the Georgia State Patrol; and
WHEREAS, Trooper Mathis devoted countless hours to protecting Governor Nathan Deal and the first family, always with a warm attitude and friendly smile and demeanor; and
WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his honor.
PART XIII WHEREAS, the seeds which were sown by the loving and humble efforts of the devoted original worshipers of Mt. Olivet Missionary Baptist Church have blossomed, establishing a rich tradition and history; and
3730
JOURNAL OF THE HOUSE
WHEREAS, organized in Rockmart, Georgia, in 1866, Mt. Olivet Missionary Baptist Church is recognized by the Paulding County Historical Society as the oldest African American church in Paulding County; and
WHEREAS, the congregation of this church has compiled an unparalleled record of constructive, compassionate, and humanitarian service which it demonstrates daily through open minds, open hearts, and open doors; and
WHEREAS, currently led by Reverend Cord Franklin, Sr., Mt. Olivet Missionary Baptist Church has grown under the divine direction of numerous pastors over the years, allowing the Word of God to spread throughout the community; and
WHEREAS, Mt. Olivet Missionary Baptist Church has hosted town hall meetings to strengthen ties between the community and law enforcement, has held clothing drives, and has conducted quality of life seminars; and
WHEREAS, the members of Mt. Olivet Missionary Baptist Church have a sincere desire to serve the Lord and are wholeheartedly committed to spreading the gospel of Jesus Christ; and
WHEREAS, it is abundantly fitting and proper that a road be dedicated to honor the rich history and tradition of this church.
PART XIV WHEREAS, Mr. Lovett Stovall is a national social change trailblazer, influential political strategist, and entrepreneur who has become a well-known leader in Atlanta; and
WHEREAS, Mr. Stovall was born June 5, 1940, in Atlanta, Georgia, the sixth of 12 children, to the beloved Crowder and Mandie Florence Dodson Stovall; and
WHEREAS, he spent his youth in the historic Pittsburgh community and was educated in the Atlanta public school system at W.H. Crogman Elementary and Luther Judson Price High schools; and
WHEREAS, his accomplishments and dedication to communities on the south side of Atlanta and in surrounding areas span over five decades; and
WHEREAS, Mr. Stovall began his work as a community and political dynamo where he championed economic and educational equality; he organized the restructuring of the Fulton County and Georgia Young Democrats to engage young people across Georgia in the political process, earning him the Young Man of the Year Community Service Award; and
THURSDAY, MARCH 24, 2016
3731
WHEREAS, he was a special advisor to Atlanta Mayor Maynard H. Jackson for 12 years where he spearheaded engagement programs, housing opportunities, youth leadership programs, summer jobs, and the first Atlanta city-wide Christmas party which collectively serviced over 20,000 metro Atlanta residents; and
WHEREAS, he served as a founding committee member of the building of the Coca-Cola Lakewood Amphitheatre and a founding member of the Lakewood Oversight Committee, which established the Lakewood Finance Committee that funds surrounding communities of the Lakewood Amphitheatre; and
WHEREAS, this tireless community servant was instrumental in securing $1.5 million to build Carver YMCA and served on the City of Atlanta Empowerment Zone Committee, on the official planning committee for the Summerhill Reunion, and as Neighborhood Planning Unit-Y Chairperson; and he served and founded numerous community organizations and athletic programs; and
WHEREAS, he also served on the City of Atlanta Community Relations Board where he led the Atlanta Braves' Good Neighbor Program, which provided services for over 40,000 metro Atlanta residents; and
WHEREAS, Mr. Stovall served as President or member of the Parent Teacher Association for several schools over the span of a decade, demonstrating his commitment to the education of his daughters; and
WHEREAS, in 1986, he and his wife, Nancy, started L&N Sales, which later became Stovall's T-shirts, a commercial printing company that held contracts with more than 100 national and international businesses and organizations; and
WHEREAS, Mr. Stovall founded the retail operations firm, Stovall Enterprises, in 1990, which managed the logistical and retail operations of the 1996 Olympic Games and many retail operations; the firm has achieved gross sales of well over $30 million and employed over 1,000 people; he also co-founded YSS Cleaning Services which employed thousands of metro Atlanta residents for projects at the Atlanta Fulton County Stadium; and
WHEREAS, he is the co-founder, served as president for ten years, and is currently the president emeritus of the Big Red Homecoming Reunion, an annual event which reunites over 1,500 alumni of L.J. Price Middle School on school grounds to perform community service work; and
WHEREAS, Mr. Stovall married Nancy Cater Stovall in 1964 and has three daughters and seven grandchildren; he studied business management and was a football starter at Fort Valley State College; he is a deacon and lifelong member of Holy Temple Baptist
3732
JOURNAL OF THE HOUSE
Church, Paradise Church of God in Christ, and Abundant Life Church of God in Christ; and
WHEREAS, affectionately known as "Bro. Stovall," he is a member of the International Masons & Eastern Stars, the founder of and past Worshipful Master for King James Lodge #121 and Eldrin Bell Lodge #155, past Worshipful Master for William V. Banks Lodge #104, and a 32nd degree Shriner; and
WHEREAS, he is a family man and has a heart for the people as an avid community organizer, networker, liaison, vocal and action leader, mentor, motivator, willing supporter, uplifter, and encourager of people no matter their economic hardship or status; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating a bridge in his honor.
PART XV WHEREAS, Mr. Walter M. Mathews, Jr., demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States military, valiantly and courageously serving in the Korean War; and
WHEREAS, a graduate of Cincinnati College of Mortuary Science, Mr. Mathews established the Watson-Mathews Funeral Home and an ambulance service in Montezuma, Georgia; and
WHEREAS, he assisted members of the community during times of need and sorrow for more than 40 years and owned and operated Mathews Memorials and Vault Company; and
WHEREAS, Mr. Mathews served as county coroner, a Master of Traveler's Rest Lodge #65 F&M, and a member and president of the Montezuma Kiwanis Club, Macon County Housing Authority, American Legion Post #124, and VFW Post #6442; and
WHEREAS, he was a 32nd Degree Scottish Rite Mason and a member of Al Sihah Shrine Center, National Funeral Directors Association, Georgia Academy of Graduate Embalmers, and Georgia Funeral Directors Association; and
WHEREAS, a man of deep and abiding faith, Mr. Mathews was a member of Montezuma United Methodist Church and the Baracca Sunday School Class; and
THURSDAY, MARCH 24, 2016
3733
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a road in his memory.
PART XVI WHEREAS, Mr. Colquitt George "C.G." Russell was widely recognized for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, a lifelong resident of Camden County, Georgia, Mr. Russell was educated in the Camden County School System and attended business school in Jacksonville, Florida; and
WHEREAS, he owned and operated Russell Chevrolet-Buick in Kingsland from 1932 to 1984 and served as United States Postmaster for the city from 1936 to 1943; and
WHEREAS, Mr. Russell was a member of the Kingsland Methodist Church, Kingsland Lion's Club, Kingsland Masonic Lodge, Civil Air Patrol, and Quiet Birdmen Pilot Society; and
WHEREAS, he 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 Camden County Board of Commissioners; and
WHEREAS, as Chairman of the Board of Commissioners, Mr. Russell was instrumental in the approval of five interchanges for the county during the construction of Interstate 95 and the approval for an increased height for the bridge over St. Mary's River, which was critical to allow large boat access to protected waters during hurricanes and other storms; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in his memory.
PART XVII WHEREAS, Mr. Jesse Rouse served as a guardian of this nation's freedom and liberty with the United States Armed Forces; and
WHEREAS, a leader in Lincoln County, Mr. Rouse served as president of the Twilight Improvement Association, a clearing-house for the presentation, review, and study of problems facing the citizens of Lincoln County, Georgia; and
3734
JOURNAL OF THE HOUSE
WHEREAS, under Mr. Rouse's leadership and guidance, the Twilight Improvement Association received federal funds for emergency food and medical services for residents of Lincoln County; and
WHEREAS, Mr. Rouse organized a senior citizens program and established a transportation program for senior citizens in the county; and
WHEREAS, he was responsible for acquiring scholarship funding for six local college students and organized several voter registration drives and voter forums; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART XVIII 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, veterans of the Vietnam War demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and
WHEREAS, these brave men and women served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and
WHEREAS, it is important that Vietnam veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and
WHEREAS, these individuals embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.
PART XIX WHEREAS, Mr. Carl Dykes was widely 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, a native of Toombs County, Georgia, Mr. Dykes graduated from Toombs County High School; and
THURSDAY, MARCH 24, 2016
3735
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting Americans during World War II; and
WHEREAS, Mr. Dykes built the first grocery store in Hinesville in 1948 and was the coowner of D and D supermarket on Jekyll Island; and
WHEREAS, he diligently and conscientiously devoted his time, talents, and energy to his constituents as a member of the Georgia State Senate, ably and adeptly representing the people of the 2nd District, and for 12 years as Mayor of Hinesville; and
WHEREAS, during his tenure as Mayor, the City of Hinesville enjoyed a period of stability during an explosive growth in population; and
WHEREAS, his leadership and guidance were invaluable to several local organizations, including the American Legion Post 168, Knights of Pythias, and the Lions Club of Hinesville; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.
PART XX WHEREAS, in the mid-1940s, Mr. and Mrs. Robert Lex McLarry purchased an establishment located along a near 90-degree curve at the intersection of Old Sunbury Road and U.S. Highway 84/State Route 38 in Flemington, Georgia; and
WHEREAS, the structure, dubbed McLarry's, was a combination caf and service station well before 'self-service' became any everyday term; eventually a lube rack and car wash station were added to the building; and
WHEREAS, for years, McLarry's was the place for local citizens to gather for a bite to eat, fill up their motor vehicle with gasoline, discuss the latest news or gossip, or exchange tall tales of fishing or hunting expeditions; and
WHEREAS, with swiveling stools at the counter, juke boxes affixed to each table, and a hot grill serving fresh hamburgers, McLarry's was the locale for everything from an aftergame victory gathering of local high school football fans and players to a venue for local attorneys to meet and discuss strategies; and
WHEREAS, a humble establishment on a huge curve in the road, McLarry's proudly served patrons for 25 years before closing its doors; and
3736
JOURNAL OF THE HOUSE
WHEREAS, though McLarry's is no longer in business, locals still refer to the curve just outside Fort Stewart as McLarry's Curve and it is abundantly fitting and proper that this road be dedicated to honor this rich history and tradition.
PART XXI WHEREAS, Mr. James Slaton "Jay" Shaw was widely 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, Mr. Shaw attended Abraham Baldwin Agriculture College before establishing The Jay Shaw Company, a real estate and insurance agency focused on providing financial support and involvement for communities in and around his hometown of Lakeland, Georgia; and
WHEREAS, he diligently and conscientiously devoted his time, talents, and energy to his constituents as a member of the House of Representatives for 17 years as a representative for House District 176 and chairman of the community health subcommittee for the House Committee on Appropriations; and
WHEREAS, Mr. Shaw served as mayor of Lakeland for ten years, a position in which his leadership and diplomacy were instrumental in advancing the city's position in the region and preserving Banks Lake as a historic landmark; and
WHEREAS, he served on the State Transportation Board from 2010 to 2015 and led the board as chairman in 2013; and
WHEREAS, during his time serving this state, Mr. Shaw focused on advancing healthcare in rural areas, improving Georgia's transportation system, and promoting balance and positive reform; and
WHEREAS, a man of deep and abiding faith, Mr. Shaw was a trustee and board member of Unity United Methodist Church; and
WHEREAS, his legacy lives on through his wife of 45 years, Libby Shaw; his devoted sons and daughters-in-law, Jason, Sam, Katy, and Christa; and his adoring grandchildren, Jenna, Brady, Anne Harvey, and Slaton; and
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be recognized by dedicating a road in his honor.
THURSDAY, MARCH 24, 2016
3737
PART XXII WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Robert Keith Futch on January 26, 1980; and
WHEREAS, Mr. Futch was born on January 31, 1959, in Nashville, Georgia, the beloved son of Lace and Britta Futch; and
WHEREAS, he grew up in Willacoochee, Georgia, where, as a small child, he loved spending time on the river, hunting, and fishing; and
WHEREAS, affectionately known by family and friends as "Mullet," Mr. Futch was a stellar athlete in high school, where he played softball and football and demonstrated great leadership as a member of Future Farmers of America; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Navy; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART XXIII WHEREAS, Dr. Robert T. Bussey was born on January 28, 1947, in Waycross, Georgia; and
WHEREAS, a graduate of Center High School, Dr. Bussey earned a bachelor's degree from Morris Brown College, a master's degree from Valdosta State University, and a doctoral degree from Nova Southeastern University; and
WHEREAS, Dr. Bussey dedicated his career to inspiring and educating the future leaders of this state as a teacher at Ava Street School, a principal at Center Junior High School, and a teacher, assistant principal, and principal at Waycross High School; and
WHEREAS, his leadership and guidance were instrumental in his work with the League of Professional Schools, Ware County Children and Youth Council, the Department of Educational Leadership at Valdosta State University, Partners in Education, Ware County American Heart Association, 100 Black Men of Southeast Georgia, Leadership 21, and the Ware County Chamber of Commerce; and
WHEREAS, during his prestigious 36-year career in education, Dr. Bussey was recognized with numerous honors and accolades, including the Katherine A. Foss Educator of the Year Award and Metlife/NASSP State 2003 Principal of the Year Award; and
3738
JOURNAL OF THE HOUSE
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.
PART XXIV 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, U.S. Navy Petty Officer 2nd Class Randall Smith demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and
WHEREAS, he was injured in a terrorist attack on the Navy Operational Support Center in Chattanooga on July 16, 2015, and died from his injuries; and
WHEREAS, Petty Officer Smith was posthumously awarded the Purple Heart by the Navy for his selfless display of bravery and sacrifice; and
WHEREAS, Petty Officer Smith 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 an intersection in his memory.
PART XXV WHEREAS, Mr. Frank Cathey is widely 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, a native of Mountain City, Georgia, Mr. Cathey was a dedicated farmer who operated an apple orchard which had been in his family for 100 years; and
WHEREAS, he operated the Valley Pharmacy in Dillard, Georgia, for 43 years, where he was a pillar of the community; and
WHEREAS, Mr. Cathey dedicated his time, talents, and efforts to his community and this state through his work with the Rabun County Board of Education, the board of directors for Regions Bank in Clayton, the advisory committee for the Federal Land Bank, and the North Georgia Technical School Foundation; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.
THURSDAY, MARCH 24, 2016
3739
PART XXVI NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Highway 129 over Ivy Log Creek in Blairsville is dedicated as the Vietnam Veterans Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that Highway 114 from Lyerly, Georgia, to the Alabama state line is dedicated as the Generals Gayler & Johnson Highway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Highway 41 and Georgia Highway 151 in Catoosa County is dedicated as the L. Wesley Smith Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that US 278/Ponce de Leon Avenue from the intersection with Piedmont Avenue to the intersection with State Route 10/Freedom Parkway in Fulton County is dedicated as the Walt Frazier Highway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Battlefield Parkway and Highway 41 in Catoosa County is dedicated as the Private Lonnie S. Rhinehart Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Battlefield Parkway and Lakeshore Drive in Catoosa County is dedicated as the U.S. Navy Petty Officer Randall Smith Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Cove Road and Camp Road in Walker County is dedicated as the PFC Charles W. Bradshaw Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 8/State Route 10 over Lullwater Creek in DeKalb County is dedicated as the Michael Polak Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Georgia 255 North from Georgia 17 to Covered Bridge Road, the portion of Georgia 17 from Joe Brown Pike Bridge to Helen Highway, and the portion of Helen Highway from Dukes Creek Crossing to 7300 Helen Highway in White County are dedicated as the Sautee Nacoochee Arts and Heritage District.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 29/State Route 8/General Daniels Avenue and State Route 98/Comer Road in Madison County is dedicated as the Sheriff Dewey G. Seagraves Intersection.
3740
JOURNAL OF THE HOUSE
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 17 from the intersection with Interstate 85 to the intersection with Interstate 985 in Stephens, Franklin, and Habersham counties is dedicated as the Currahee Parkway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Highway 80/State Route 22 and Drane Matthews Road/George Smith Road in Talbot County is dedicated as the Trooper Bobby Mathis Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 101 from the intersection with State Route 120/Buchanan Highway north to the Paulding County line is dedicated as the Mt. Olivet Missionary Baptist Church Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 75 at the University Avenue exit in Fulton County is dedicated as the Lovett Stovall Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 224 from the intersection with State Route 90/Spalding Road to the intersection with East Railroad Street in Macon County is dedicated as the Walter M. Mathews, Jr., Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the interchange at the State Route 40 and Interstate 95 exit in Camden County is dedicated as the Colquitt George "C.G." Russell Memorial Interchange.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 79 over Fishing Creek in Lincoln County is dedicated as the Jesse Rouse Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 10/U.S.78 from the intersection of State Route 383 to the interchange of State Route 415 in Richmond County is dedicated as the Vietnam Veterans Memorial Parkway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 38 Connector/General Screven Way from U.S. Highway 84/State Route 38/State Route 196 to the gates of Fort Stewart Military Base in Liberty County is dedicated as the Carl Dykes Memorial Way.
BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Highway 84/State Route 38 from mile post 8.30 to mile post 8.55 in Liberty County is dedicated as McLarry's Curve.
BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Highway 22/State Route 31 from the intersection of State Route 11 and State Route 31 in Lakeland
THURSDAY, MARCH 24, 2016
3741
to the intersection of State Route 7 and State Route 31 in Valdosta in Lowndes County is dedicated as the James Slaton "Jay" Shaw Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 135/S. Peterson Street at the Alapaha River Overflow, 3 miles south of Willacoochee, Georgia, at mile 0.27 in Atkinson County is dedicated as the Robert Keith Futch Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. 84/S.R. 38/Victory Drive in Waycross, Georgia, from the intersection with U.S. 1/U.S. 23/U.S. 82/U.S. 84/S.R. 4/S.R. 38/S.R. 52/S. Georgia Parkway to the intersection with Wadley Road and Glenmore Avenue in Ware County is dedicated as the Dr. Robert T. Bussey Parkway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Battlefield Parkway and Lakeshore Drive in Catoosa County is dedicated as the U.S. Navy Petty Officer Randall Smith Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. 441/U.S. 23/S.R. 15 from the southern city limits of Mountain City northward to the boundary line between Georgia and North Carolina is dedicated as the Frank Cathey 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 Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; to the family of Mr. L. Wesley Smith; Private Lonnie S. Rhinehart; U.S. Navy Petty Officer 2nd Class Randall Smith; Private First Class Charles W. Bradshaw; Sheriff Dewey George Seagraves; Trooper Bobby Mathis; Mr. Walter M. Mathews, Jr.; Mr. Colquitt George "C.G." Russell; Mr. Jesse Rouse; Mr. Carl Dykes; Mr. James Slaton "Jay" Shaw; Mr. Robert Keith Futch; Dr. Robert T. Bussey; U.S. Navy Petty Officer 2nd Class Randall Smith; and Mr. Frank Cathey; and to Major General William "Bill" K. Gayler; Brigadier General John "Pete" P. Johnson; Mr. Walter Frazier, Jr.; Mr. Michael Polak; Mt. Olivet Missionary Baptist Church; and Mr. Lovett Stovall.
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:
3742
JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley
Jackson 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 Lott Y Lumsden Y Mabra Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Weldon Y Werkheiser Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, by substitute, the ayes were 166, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
SR 892. By Senators Walker III of the 20th, Hill of the 4th, Kennedy of the 18th, Lucas of the 26th, Black of the 8th and others:
A RESOLUTION recognizing Governor Sonny Perdue and dedicating a road in his honor; and for other purposes.
The following Committee substitute was read:
THURSDAY, MARCH 24, 2016
3743
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, Governor Sonny Perdue has long been recognized by the citizens of this state for the vital role he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, a graduate of Warner Robins High School, Governor Perdue earned a doctorate in veterinary medicine from the University of Georgia; and
WHEREAS, he served his country with honor as a Captain in the United States Air Force and went on to become a successful and well-respected businessman and participant in civic and church affairs before beginning his political career; and
WHEREAS, Governor Perdue was elected to the Georgia Senate in 1990, attaining the office of President Pro Tempore and serving in that body until he began his first successful campaign for Governor and was elected in 2002; and
WHEREAS, Governor Perdue was sworn in as Georgia's 81st governor on January 13, 2003, the first Republican to occupy the governor's mansion since the Reconstruction era; and
WHEREAS, his two terms as governor were marked by reformation of the state budget by cutting wasteful spending and turning the state's budget deficit into a substantial surplus and leading the state as it created more than 200,000 new jobs and posted the highest graduation rate and SAT scores in state history; and
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be recognized by dedicating a road in his honor.
PART II WHEREAS, Mr. Bob Bryant was widely 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, Mr. Bryant earned a bachelor's degree from Columbia College and served as a guardian of this nation's freedom and liberty with the United States Armed Forces for more than 20 years; and
WHEREAS, he worked for the City of Savannah as a sanitation superintendent for three years and as a facility maintenance supervisor from 1991 to 2001; he also served as an
3744
JOURNAL OF THE HOUSE
operations/general manager for radio station WEAS FM and an office manager for the Allen and Perry Law Firm; and
WHEREAS, Mr. Bryant served for many years as an honorary council member and two terms as Mayor Pro Tem on the Garden City Council; and
WHEREAS, Mr. Bryant diligently and conscientiously devoted his time, talents, and energy to his constituents as a member of the House of Representatives, where he served on the House Committees on Appropriations, Economic Development and Tourism, Industry and Labor, Transportation, and Ways and Means; and
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be recognized by dedicating a bridge in his honor.
PART III NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that Interstate 75 in Houston County from the Peach County line to the Dooly County line is dedicated as the Governor Sonny Perdue Highway.
BE IT FURTHER RESOLVED that the bridge on GA 21/GA 421/GA 25/Interstate 516 at the intersection of State Route 25 and State Route 26 Connector/Burnsed Blvd. in Chatham County is dedicated as the Bob Bryant Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to Governor Sonny Perdue, to the family of Mr. Bob Bryant, and to the Department of Transportation.
The following amendment was read and adopted:
Representatives Cheokas of the 138th and Smith of the 134th offer the following amendment:
Amend the House Committee on Transportation substitute to SR 892 (LC 39 1413S) by inserting between lines 41 and 42 the following:
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
THURSDAY, MARCH 24, 2016
3745
WHEREAS, Sergeant First Class Victor A. Anderson demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army and Army National Guard for 22 years and was killed in action while serving in Iraq; and
WHEREAS, Sergeant First Class Anderson's commendations include the Bronze Star, Purple Heart, Combat Infantryman's Badge, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, Army Reserve Component Achievement Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Southwest Asia Service Medal, Iraqi Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Service Medal, Armed Forces Reserve Medal, NCO Professional Development Ribbon, Army Service Ribbon, Army Overseas Service Ribbon, United Nations Medal, NATO MedalFormer Republic of Yugoslavia, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Georgia Special Operations Ribbon, and Georgia State Active Duty Ribbon; and
WHEREAS, he served as a police officer and deputy sheriff in his hometown of Ellaville and as a deputy sheriff in Sumter County; and
WHEREAS, Sergeant First Class Anderson 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 road in his memory.
PART IV
By inserting between lines 47 and 48 the following:
BE IT FURTHER RESOLVED AND ENACTED that the portion of Highway 19 from Schley County mile marker 0 to Sumter County mile marker 15.7 and continuing to the northern city limits of Americus at mile marker 14 is dedicated as the SFC Victor A. Anderson Memorial Highway.
By deleting line 53 and inserting in lieu thereof the following:
Perdue, to the family of Mr. Bob Bryant and Sergeant First Class Victor A. Anderson, and to the Department of Transportation.
3746
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra
Marin Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle
Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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, by substitute, as amended, the ayes were 171, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.
The following Resolution of the Senate, having previously been read, was again taken up for consideration:
THURSDAY, MARCH 24, 2016
3747
SR 954. By Senators Jeffares of the 17th, Jones of the 25th, Kennedy of the 18th, Kirk of the 13th, Bethel of the 54th and others:
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 Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Committee substitute was previously read.
The following amendment was read and adopted:
Representatives Sims of the 120th and Greene of the 151st offer the following amendment:
Amend the substitute to SR 954 (LC 40 1174S) by replacing lines 3 through 13 with the following:
across, or through property owned by the State of Georgia in the counties of Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; 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 Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; and
WHEREAS, the Department of Transportation; Excelsior Electric Membership Corporation; Flint Electric Membership Corporation; Georgia Power Company; Snapping Shoals Electric Membership Corporation; and Transcontinental
By deleting lines 895 through 982, by renumbering Article XIII as Article XII, and by renumbering Sections 145 through 158 as Sections 132 through 145, respectively.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.
3748
JOURNAL OF THE HOUSE
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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
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 Lott Y Lumsden Y Mabra
Marin Martin Y Maxwell Mayo McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
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, by substitute, as amended, the ayes were 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
THURSDAY, MARCH 24, 2016
3749
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 904. By Representatives Strickland of the 111th, Shaw of the 176th, Fleming of the 121st, Bryant of the 162nd and Kirby of the 114th:
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 contribution rates and credits; to change certain provisions relating to rate of employer contributions; to extend certain provisions relating to variations in the standard rate; to extend provisions relating to administrative assessments; to reduce the percentage of the administrative assessment to be assessed for a certain period; to provide exceptions; to change certain provisions relating to additional assessments for a new or newly covered employer; to extend the provision relating to automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
HB 876. By Representatives Pirkle of the 155th, McCall of the 33rd, England of the 116th, Powell of the 32nd, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, so as to update license and surety requirements of livestock dealers and livestock market operators; to provide for publication of duly licensed dealers and operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; to repeal conflicting laws; and for other purposes.
3750
JOURNAL OF THE HOUSE
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to update license and surety requirements of livestock dealers and livestock market operators; to provide for publication of duly licensed dealers and operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, is amended by revising Code Section 4-6-1, relating to definitions relative to livestock dealers, as follows:
"4-6-1. As used in this chapter, the term:
(1) 'Bond' means a written instrument issued or executed by a bonding, surety, or insurance company licensed to do business in this state, guaranteeing that the person bonded shall faithfully fulfill the terms of the contract of purchases and guarantee the payment of the purchase price of all livestock purchased by him, made payable to the Commissioner for the benefit of persons sustaining loss resulting from the nonpayment of the purchase price or the failure to fulfill the terms of the contract of purchase. (2)(1) 'Cash' includes only currency, cashier's checks, and money orders. (3)(2) 'Dealer' is synonymous with the term 'broker' and means any person, firm, or corporation, including a packer, engaged in the business of buying livestock of any kind for resale or in selling livestock of any kind bought for the purpose of resale or in buying livestock of any kind for slaughter. Every agent acting for or on behalf of any dealer, broker, or livestock market operator is a dealer or broker. means any person or agent of such person who engages in or facilitates, including by electronic means, the business of buying, selling, exchanging, or otherwise transferring ownership of livestock within this state for his or her own account or for that of another. The term 'dealer' shall not include:
(A) Farmers acquiring livestock solely for the purpose of grazing and feeding as a part of their farm operations are not encompassed by the definition of 'dealer' or 'broker'; and
THURSDAY, MARCH 24, 2016
3751
(B) Packers whose total annual purchases of livestock are less than $50,000.00 who buy only from licensed dealers and licensed sales establishments are not included in the definition of 'dealer' or 'broker.'; (C) Persons selling only livestock of their own production or buying only for their own production; or (D) Auctioneers that do not take ownership of livestock. (4)(3) 'Livestock' means cattle, swine, equines, sheep, and goats of all kinds and species. (5)(4) 'Livestock market operator' means any person, firm, or corporation engaged in the business of operating a sales establishment, public auctions or sales of livestock, or barns and yards for the containment of livestock held for the purpose of auction or sale. (6)(5) 'Person' means any person, firm, corporation, association, cooperative, or combination thereof. (7)(6) 'Sales establishment' means any yard, barn, or other premises where livestock is sold at auction. (7) 'Surety' means a letter of credit, certificate of deposit, or other written instrument issued or executed by a lending institution or bonding, surety, or insurance company licensed to do business in this state, guaranteeing the faithful performance of the terms of the contract of purchase, including the payment of the purchase price of all livestock purchased by the holder of such instrument, made payable to the Commissioner for the benefit of persons sustaining loss resulting from the nonpayment of the purchase price or the failure to fulfill the terms of the contract of purchase."
SECTION 2. Said chapter is further amended by revising Code Section 4-6-2, relating to the sale, auction, transfer, or movement of infected livestock, as follows:
"4-6-2. No dealer, broker, or livestock market operator shall sell, auction, transfer, or move any livestock which are infected with any disease or which have been placed under quarantine by the authority of the Commissioner. Until all such livestock have been inspected by a veterinarian approved by the Commissioner, no dealer, broker, or livestock market operator shall sell, auction, transfer, or move any livestock which have been infected, which are suspected of being infected, or which are likely to have been exposed to infection. No dealer, broker, or livestock market operator shall sell, auction, transfer, or move any livestock from any barn, yard, or premises unless all sanitary practices and precautions prescribed by the rules and regulations of the Commissioner have been observed in the premises, barn, or yard."
SECTION 3. Said chapter is further amended by revising Code Section 4-6-3, relating to livestock dealer licenses, as follows:
3752
JOURNAL OF THE HOUSE
"4-6-3. (a) No livestock market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. The triennial fee for a livestock market operator license shall be proportionate to the surety acquired by such operator, but shall not exceed $200.00. (b) No livestock dealer or broker dealer who buys or sells through a livestock market operator or directly from producers shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. There shall be no fee for such license. The annual fee for a dealer license shall be no more than $25.00. (c) No such license shall be issued to any person pursuant to this Code section unless the applicant therefor furnishes to the Commissioner the required bond surety required under this article and such surety is approved by the Commissioner. The bonds shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond surety applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond surety shall be removed from doing become unauthorized to do business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and sureties shall be conditioned to secure the faithful performance of such a person's obligations as a livestock market operator, livestock dealer, or livestock broker or dealer under this article and the rules and regulations prescribed under this article pursuant thereto. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond If the surety of a dealer, broker, or livestock market operator is canceled, then the license of such person shall immediately be revoked by operation of law without notice or hearing."
SECTION 4. Said chapter is further amended by revising Code Section 4-6-4, relating to cancellation, revocation, or suspension of licenses, as follows:
"4-6-4. Every licensed dealer, broker, and livestock market operator who shall violate this chapter or rules and regulations established by the Commissioner pursuant to this chapter shall have his or her license revoked, canceled, or suspended, upon a notice and hearing."
SECTION 5. Said chapter is further amended by revising Code Section 4-6-5, relating to maintenance of records, as follows:
THURSDAY, MARCH 24, 2016
3753
"4-6-5. No dealer, broker, or livestock market operator shall buy, store, or otherwise receive any livestock without first recording the name and address of the person or persons bringing in the livestock and recording the license tag number of the vehicle used by the person or persons to transport the livestock."
SECTION 6. Said chapter is further amended by revising Code Section 4-6-10, relating to penalties for violations, as follows:
"4-6-10. (a) Any dealer, broker, or livestock market operator who violates any of the provisions of this chapter, any quarantine provision, or any rule or regulation established by the Commissioner under the authority of this or any other law for the protection of the general public in the prevention of livestock diseases shall be guilty of a misdemeanor. (b) Any dealer, broker, or livestock market operator who violates Code Section 4-6-5, relating to maintenance of records, for a third or subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than three years, or both, and any person so convicted shall have any license issued under this article permanently revoked and shall be ineligible to apply for a subsequent license under this article. (c) Any dealer, broker, or livestock market operator who violates Code Section 4-6-2, relating to the sale, auction, or transfer of known infected livestock, or Code Section 46-6, relating to quarantines, for the third or subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than three years, or both, and any person so convicted shall have any license issued under this article permanently revoked and shall be ineligible to apply for a subsequent license under this article."
SECTION 7. Said chapter is further amended by adding a new Code section to read as follows:
"4-6-12. The Commissioner shall publish in print or electronically the names and locations of duly licensed dealers and livestock market operators."
SECTION 8. Said chapter is further amended by revising Code Section 4-6-42, relating to surety bonds generally, as follows:
"4-6-42. (a) No person shall operate a sales establishment for the sale of livestock at auction unless he or she has then in force a bond surety in an amount calculated as follows: established in a memorandum of agreement with the department sufficient to secure the performance of the obligations of the holder of such surety.
3754
JOURNAL OF THE HOUSE
(1) If the annual sales of the establishment are $2,600,000.00 or less, the amount of the bond shall be one fifty-second of the amount of annual sales but not less than $10,000.00; or (2) If the annual sales of the establishment are more than $2,600,000.00, the amount of the bond shall be $50,000.00 plus one fifty-second of the amount of annual sales in excess of $2,600,000.00 times a factor of 0.20. (b) An amount calculated under subsection (a) of this Code section, if not a multiple of $5,000.00, shall be rounded to nearest higher multiple of $5,000.00."
SECTION 9. Said chapter is further amended by revising Code Section 4-6-43, relating to surety bonds relative to dealers and brokers generally, as follows:
"4-6-43. (a) No dealer or broker shall purchase livestock at any sales establishment or directly from producers unless he or she has then in force a bond surety in an amount calculated as follows: established in a memorandum of agreement with the department sufficient to secure the performance of the obligations of the holder of such surety.
(1) Determine a number which is the number of days during the preceding year on which the dealer or broker did business; (2) Divide the total dollar value of livestock purchased by the dealer or broker during the preceding year by the lesser of:
(A) One-half of the number determined under paragraph (1) of this subsection; or (B) One hundred thirty; and (3) Adjust the amount obtained under paragraph (2) of this subsection as follows: (A) If the amount obtained under paragraph (2) of this subsection is $10,000.00 or less then the amount of the bond shall be $10,000.00; (B) If the amount obtained under paragraph (2) of this subsection is more than $10,000.00 but not more than $75,000.00 then that amount shall be the amount of the bond; or (C) If the amount obtained under paragraph (2) of this subsection is more than $75,000.00 then the amount of the bond shall be the sum of $75,000.00 plus 10 percent of the amount by which the amount obtained under paragraph (2) of this subsection exceeds $75,000.00. (b) An amount calculated under subsection (a) of this Code section, if not a multiple of $5,000.00, shall be rounded up to the nearest multiple of $5,000.00. (c) This Code section shall not be applicable to nor shall a bond surety be required of a dealer who purchases livestock at sales establishments for cash only. No livestock market operator shall permit a dealer or broker who is not properly licensed and bonded holding surety to purchase livestock other than for cash."
SECTION 10. Said chapter is further amended by repealing in its entirety Code Section 4-6-44, relating to calculation of bonds, and designating said Code section as reserved.
THURSDAY, MARCH 24, 2016
3755
SECTION 11. Said chapter is further amended by repealing in its entirety Code Section 4-6-49, relating to annual sale and purchase reports and proof of bonding requirements, and designating said Code section as reserved.
SECTION 12. Said chapter is further amended by revising Code Section 4-6-49.1, relating to denial of licenses and required statements and records, as follows:
"4-6-49.1. (a) No license shall be issued to or allowed to be maintained by any sales establishment or dealer if:
(1) Any beneficial interest in the business of the sales establishment or dealer is directly or indirectly owned by a defaulter; or (2) Any defaulter is employed in a management position by the sales establishment or dealer. (b) As used in this Code section, the term 'defaulter' means any person who has, within the past five years, been employed in a managerial position by or owned any beneficial interest in the business of a sales establishment or dealer which business has ceased operations without satisfying all liabilities of the business either from assets of the business or from any bond or bonds surety. (c) The Commissioner shall have full authority to require disclosure from licensees and applicants of information sufficient to determine whether the licensee or applicant is qualified to be licensed under this Code section. The Commissioner shall have full authority to examine the records and accounts of all licensees in order to determine whether any proceeds of the business are being paid to any defaulter. (d) This Code section shall not prohibit the Commissioner from allowing a defaulter to operate as a dealer who purchases livestock for cash only. (e) All applicants for licensure shall submit to the Commissioner a current financial statement; and all licensees shall submit a current financial statement annually."
SECTION 13. Said chapter is further amended by revising Code Section 4-6-52, relating to special sales, as follows:
"4-6-52. (a) As used in this Code section, 'special sale' means any livestock sale, except a regular sale at an establishment and any sale by a farmer of livestock owned by the farmer, with payment made directly to the farmer. (b) The Commissioner is authorized to prescribe rules and regulations for the operation of special sales. No person shall hold a special sale without obtaining a permit therefor from the Commissioner or his or her duly authorized representative, which shall be granted without charge upon submission of proof satisfactory to the Commissioner that the person applying for the permit is bonded has procured a surety in an amount equal
3756
JOURNAL OF THE HOUSE
to one-fourth of the anticipated proceeds of the sale; provided, however, that such bond surety shall be not less than $10,000.00 and not more than $150,000.00 in amount. (c) Associations holding sales of animals consigned by members of the association only shall not be required to procure a bond surety if the directors of the association accept full responsibility for financial obligations of sale and release the Commissioner, in writing, from any responsibility. (c.1)(d) Georgia 4-H clubs and Georgia Future Farmers of America chapters shall not be required to procure a bond surety. (d) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 14. Said title is further amended by revising Chapter 12, relating to injuries from equine or llama activities, as follows:
"CHAPTER 12
4-12-1. The General Assembly recognizes that persons who participate in equine activities, livestock activities, or llama activities may incur injuries as a result of the risks involved in such activities. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage equine activities, livestock activities, and llama activities by limiting the civil liability of those involved in such activities.
4-12-2. As used in this chapter, the term:
(1) 'Engages in a llama activity' means riding, training, assisting in providing medical treatment of, driving, or being a passenger upon a llama, whether mounted or unmounted, or any person assisting a participant or show management. The term 'engages in a llama activity' does not include being a spectator at a llama activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the llama activity. (2) 'Engages in an equine activity' means riding, training, assisting in providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management. The term 'engages in an equine activity' does not include being a spectator at an equine activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity. (3) 'Equine' means a horse, pony, mule, donkey, or hinny. (4) 'Equine activity' means:
THURSDAY, MARCH 24, 2016
3757
(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting; (B) Equine training or teaching activities, or both; (C) Boarding equines; (D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (E) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (F) Placing or replacing horseshoes on an equine; and (G) Examining or administering medical treatment to an equine by a veterinarian. (5) 'Equine activity sponsor' means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, entity which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college sponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. (6) 'Equine professional' means a person an entity engaged for compensation in: (A) Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; (B) Renting equipment or tack to a participant; or (C) Examining or administering medical treatment to an equine as a veterinarian. (7) 'Inherent risks of equine animal activities' or 'inherent risks of llama activities' means those dangers or conditions which are an integral part of equine activities, livestock activities, or llama activities, as the case may be, including, but not limited to: (A) The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; (B) The unpredictability of the animal's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (C) Certain hazards such as surface and subsurface conditions; (D) Collisions with other animals or objects; and (E) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. (7.1) 'Livestock' means swine, cattle, sheep, and goats. (7.2) 'Livestock activity' means:
3758
JOURNAL OF THE HOUSE
(A) Grazing, herding, feeding, branding, boarding, milking, inspecting, or evaluating livestock, or taking part in any other activity that involves the care or maintenance of livestock; (B) Participating in a livestock show, fair, competition, or auction; or (C) Participating in a livestock training or teaching event. (7.3) 'Livestock activity sponsor' means an entity that sponsors, organizes, or provides facilities for a livestock activity, and includes all employees of such entity. (7.4) 'Livestock facility' means a property or facility at which a livestock activity is held. (7.5) 'Livestock professional' means an entity that owns livestock that is involved in a livestock activity. (8) 'Llama' means a South American camelid which is an animal of the genus lama, commonly referred to as a 'one llama,' including llamas, alpacas, guanacos, and vicunas. (9) 'Llama activity' means: (A) Llama shows, fairs, competitions, performances, packing events, or parades that involve any or all breeds of llamas; (B) Using llamas to pull carts or to carry packs or other items; (C) Using llamas to pull travois-type carriers during rescue or emergency situations; (D) Llama training or teaching activities or both; (E) Taking llamas on public relations trips or visits to schools or nursing homes; (F) Participating in commercial packing trips in which participants pay a llama professional to be a guide on a hike leading llamas; (G) Boarding llamas; (H) Riding, inspecting, or evaluating a llama belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the llama or is permitting a prospective purchaser of the llama to ride, inspect, or evaluate the llama; (I) Using llamas in wool production; (J) Rides, trips, or other llama activities of any type however informal or impromptu that are sponsored by a llama activity sponsor; and (K) Trimming the nails of a llama. (10) 'Llama activity sponsor' means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, entity which sponsors, organizes, or provides the facilities for a llama activity, including, but not limited to llama clubs; 4-H clubs; hunt clubs; riding clubs; school and collegesponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of llama facilities, including, but not limited to stables, clubhouses, fairs, and arenas at which the activity is held. (11) 'Llama professional' means a person an entity engaged for compensation: (A) In instructing a participant or renting to a participant a llama for the purpose of riding, driving, or being a passenger upon the llama; or
THURSDAY, MARCH 24, 2016
3759
(B) In renting equipment or tack to a participant. (12) 'Participant' means any person, whether amateur or professional, who engages in an equine activity, a livestock activity, or who engages in a llama activity, whether or not a fee is paid to participate in such activity.
4-12-3. (a) Except as provided in subsection (b) of this Code section, an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, a llama activity sponsor, a llama professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine animal activities or from the inherent risks of llama activities and, except as provided in subsection (b) of this Code section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, a llama activity sponsor, a llama professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine animal activities or resulting from any of the inherent risks of llama activities. (b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, a llama activity sponsor, a llama professional, or any other person if the equine activity sponsor, equine professional, livestock activity sponsor, livestock professional, owner of the livestock facility, llama activity sponsor, llama professional, or person:
(1)(A) Provided the equipment or tack for the activity, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause caused the injury. (B) Provided the animal and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity or llama activity and to safely manage the particular animal based on the participant's representations of his or her ability; (2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine activity sponsor, equine professional, livestock activity sponsor, livestock professional, owner of a livestock facility, llama activity sponsor, llama professional, or person and for which warning signs have not been conspicuously posted; (3) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (4) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, equine professional, a livestock activity sponsor, a livestock
3760
JOURNAL OF THE HOUSE
professional, an owner of a livestock facility, llama activity sponsor, or llama professional under liability provisions as set forth in the products liability laws. (d) Nothing in this Code Section nor any provision of the laws of this State recognizing equine activity, livestock activity, or llama activity as inherently dangerous shall serve as a basis for liability on the part of any person who encourages, promotes, or instructs others in equine activities, livestock activities, or llama activities.
4-12-4. (a) Every equine professional and every equine activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional or the equine activity sponsor conducts equine activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or by an equine activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's or the equine activity sponsor's business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain language substantially similar to the following warning notice:
WARNING Under Georgia law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine animal activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent an equine activity sponsor or equine professional from invoking the privileges of immunity provided by this chapter.
4-12-5. (a) Every llama professional and every llama activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, pens, or arenas where the llama professional or the llama activity sponsor conducts llama activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a llama professional or by a llama activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or a llama to a participant, whether or not the contract involves llama activities on or off the location or site of the llama professional's or the llama activity
THURSDAY, MARCH 24, 2016
3761
sponsor's business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain language substantially similar to the following warning notice:
WARNING Under Georgia law, a llama activity sponsor or llama professional is not liable for an injury to or the death of a participant in llama activities resulting from the inherent risks of llama animal activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent a llama activity sponsor or llama professional from invoking the privileges of immunity provided by this chapter.
4-12-6. (a) Every livestock activity sponsor, livestock professional, and owner of a livestock facility shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the livestock activity sponsor conducts livestock activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a livestock activity sponsor, livestock professional, or livestock owner for the providing of professional services, instruction, or the rental of equipment, tack, or livestock to a participant, whether or not the contract involves livestock activities on the business location or site of such livestock activity sponsor, livestock professional, or livestock owner, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain language substantially similar to the following warning notice:
WARNING Under Georgia law, a livestock activity sponsor, livestock professional, or owner of a livestock facility is not liable for an injury to or the death of a participant in livestock activities resulting from the inherent risks of animal activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent a livestock activity sponsor, livestock professional, or owner of a livestock facility from invoking the privileges of immunity provided by this chapter.
4-12-7. Nothing in this chapter shall be construed so as to abrogate or otherwise affect the provisions of Chapter 3 of this title."
3762
JOURNAL OF THE HOUSE
SECTION 15. This Act shall become effective on July 1, 2016, and shall not apply to any cause of action arising prior to such date.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.
Representative Pirkle of the 155th moved that the House disagree to the Senate substitute to HB 876.
The motion prevailed.
HB 205. By Representatives Rice of the 95th and Petrea of the 166th:
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 installation of ignition interlock devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspensions and denials, and right to a hearing and review, so as to prohibit a withdraw of an arrest report related to driving while under the influence of alcohol previously submitted by a law enforcement officer to the Department of Driver Services; to prohibit law enforcement officers from entering a joint withdrawal agreement on behalf of such department at an administrative license suspension hearing; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
THURSDAY, MARCH 24, 2016
3763
SECTION 1. Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspensions and denials, and right to a hearing and review, is amended by revising paragraph (1) of subsection (f) and by adding a new subsection to read as follows:
"(f)(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 day temporary driving permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. A report submitted by an officer shall not later be withdrawn by such officer. This paragraph shall not apply to any person issued a 180 day temporary driving permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section." "(k) No law enforcement officer shall be authorized to withdraw a report required by subsection (c) or (d) of this Code section, enter into a joint withdrawal agreement on behalf of the department, or take any other action involving the criminal disposition of the matter which otherwise would be in the discretion of the prosecuting attorney."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Rice of the 95th moved that the House disagree to the Senate substitute to HB 205.
The motion prevailed.
SB 258. By Senators Millar of the 40th and Albers of the 56th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide that the assessed value of property for a taxable year shall not be increased beyond the initial assessment value established by the board of tax assessors during an appeal of such valuation for such taxable year by the taxpayer but
3764
JOURNAL OF THE HOUSE
may be reduced as a result of the appeal of the taxpayer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Duncan of the 26th moved that the House insist on its position in substituting SB 258.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 1893. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Mary Margaret Wright, the 2016 STAR Student of Darlington School, Rome City School System, and District #1; and for other purposes.
HR 1894. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION recognizing the Floyd County 911 Center upon being named the 2016 Georgia 911 Center of the Year; and for other purposes.
HR 1895. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION recognizing and commending the Charles C. Parker Center for Active Adults at Etowah Park in Rome, Georgia, on the wonderful occasion of its 30th anniversary; and for other purposes.
HR 1896. By Representative Belton of the 112th:
A RESOLUTION commending Dana Hicky of Morgan County High School; and for other purposes.
HR 1897. By Representatives Thomas of the 56th, Smyre of the 135th, Jones of the 53rd, McClain of the 100th, Beasley-Teague of the 65th and others:
A RESOLUTION honoring the life and memory of Ralph David Abernathy III; and for other purposes.
THURSDAY, MARCH 24, 2016
3765
HR 1898. By Representative Lumsden of the 12th:
A RESOLUTION commending Kayla Ngo, Coosa High School's 2016 STAR Student; and for other purposes.
HR 1899. By Representative Hugley of the 136th:
A RESOLUTION recognizing St. Mary's Road United Methodist Church on the grand occasion of its 61st anniversary; and for other purposes.
HR 1900. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Samuel Howard Hill; and for other purposes.
HR 1901. By Representative Hugley of the 136th:
A RESOLUTION recognizing Ms. Shankeia Pollard; and for other purposes.
HR 1902. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Mr. Kelly McDurmon, the 2016 STAR Teacher for Darlington School, the Rome City School System, and District #1; and for other purposes.
HR 1903. By Representative Belton of the 112th:
A RESOLUTION commending Hannah Liebert of Eastside High School; and for other purposes.
HR 1904. By Representatives Cooper of the 43rd, Price of the 48th, Wilkerson of the 38th, Golick of the 40th, Dollar of the 45th and others:
A RESOLUTION recognizing and commending the Juvenile Court of Cobb County Court Appointed Special Advocate program; and for other purposes.
HR 1905. By Representatives Efstration of the 104th, Coleman of the 97th, Harrell of the 106th, Clark of the 101st, Barr of the 103rd and others:
A RESOLUTION recognizing Tommy Hughes; and for other purposes.
3766
JOURNAL OF THE HOUSE
HR 1906. By Representatives Smyre of the 135th, Ralston of the 7th, Abrams of the 89th, Burns of the 159th, Thomas of the 56th and others:
A RESOLUTION honoring the life and memory of Dr. Ralph David Abernathy III; and for other purposes.
HR 1907. By Representative Kendrick of the 93rd:
A RESOLUTION commending the Upsilon Alpha Omega Chapter of Alpha Kappa Alpha Sorority, Incorporated, recognizing January 25-31, 2016, as Upsilon Alpha Omega Week at the state capitol, and encouraging the citizens of Gwinnett County to join Upsilon Alpha Omega in observing the organization's 22 years of service and the outstanding contributions it has made to the State of Georgia; and for other purposes.
HR 1908. By Representatives Smyre of the 135th, Hugley of the 136th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd:
A RESOLUTION honoring the life and memory of James "J.B." Johnson; and for other purposes.
HR 1909. By Representative Lumsden of the 12th:
A RESOLUTION commending Maci Caroline Bicknell, Trion High School's 2016 STAR Student; and for other purposes.
HR 1910. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A RESOLUTION commending Mr. Charles Hernandez, Mary Persons High School's 2016 STAR Teacher; and for other purposes.
HR 1911. By Representatives Thomas of the 56th, Alexander of the 66th, Stovall of the 74th, Scott of the 76th and Jones of the 53rd:
A RESOLUTION recognizing Silas "SiMan Baby" Alexander III; and for other purposes.
HR 1912. By Representatives Efstration of the 104th, Coleman of the 97th, Harrell of the 106th, Clark of the 101st, Barr of the 103rd and others:
A RESOLUTION recognizing and honoring Dallas Davidson; and for other purposes.
THURSDAY, MARCH 24, 2016
3767
HR 1913. By Representatives Efstration of the 104th, Coleman of the 97th, Harrell of the 106th, Clark of the 101st, Barr of the 103rd and others:
A RESOLUTION recognizing Judge Emily Brantley; and for other purposes.
HR 1914. By Representative Harden of the 148th:
A RESOLUTION recognizing Clay Oliver; and for other purposes.
HR 1915. By Representative Harden of the 148th:
A RESOLUTION recognizing and commending Miss Andi Drue Dickerson, the 2016 Georgia Watermelon Queen; and for other purposes.
HR 1916. By Representative Kendrick of the 93rd:
A RESOLUTION recognizing the debutantes of the Debutante Cotillion and Scholarship Ball; and for other purposes.
HR 1917. By Representative Belton of the 112th:
A RESOLUTION recognizing and commending the Morgan County High School 2016 Women's Basketball Team; and for other purposes.
HR 1918. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Liam McNamara; and for other purposes.
HR 1919. By Representative Lumsden of the 12th:
A RESOLUTION commending Kelly Wheeler, Model High School's 2016 STAR Student; and for other purposes.
HR 1920. By Representative Lumsden of the 12th:
A RESOLUTION commending Lucas McCain Hill, Chattooga County High School's 2016 STAR Student; and for other purposes.
HR 1921. By Representative Maxwell of the 17th:
A RESOLUTION recognizing Vernon Lee; and for other purposes.
3768
JOURNAL OF THE HOUSE
HR 1922. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Brandon Johnson, Rome City Schools' 2016 Teacher of the Year; and for other purposes.
HR 1923. By Representative Belton of the 112th:
A RESOLUTION recognizing and commending the Morgan County High School 2016 Men's Basketball Team; and for other purposes.
HR 1924. By Representatives Efstration of the 104th, Coleman of the 97th, Harrell of the 106th, Clark of the 101st, Barr of the 103rd and others:
A RESOLUTION recognizing and commending David McCleskey; and for other purposes.
HR 1925. By Representative Jones of the 53rd:
A RESOLUTION honoring the life and memory of Dr. Herbert Wolfgang Eber; and for other purposes.
The Speaker announced the House in recess until 1:45 o'clock, this afternoon.
THURSDAY, MARCH 24, 2016
3769
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 insists on its amendment to the following bill of the Senate:
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 Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 441. By Senator McKoon of the 29th:
A BILL to be entitled an Act to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, so as to authorize the court to charge and collect a technology fee for certain filings; to specify the uses to which said technology fees may be put; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1926. By Representative Pruett of the 149th:
A RESOLUTION recognizing and congratulating Beatrice Edge on the grand occasion of her retirement; and for other purposes.
HR 1927. By Representative Efstration of the 104th:
A RESOLUTION recognizing the formation and chartering of the Moore Middle School Leo Club; and for other purposes.
3770
JOURNAL OF THE HOUSE
HR 1928. By Representatives Pruett of the 149th, Stephens of the 164th, Sims of the 123rd, Dempsey of the 13th, Houston of the 170th and others:
A RESOLUTION recognizing Elmer Stancil; and for other purposes.
HR 1929. By Representatives Dempsey of the 13th, Cooper of the 43rd, Sims of the 123rd, Howard of the 124th, Hatchett of the 150th and others:
A RESOLUTION recognizing August as Adult Vaccine Preventable Disease Awareness and Improvement Month; and for other purposes.
HR 1930. By Representatives Frazier of the 126th, Abrams of the 89th, Holcomb of the 81st, Williams of the 168th, Smith of the 125th and others:
A RESOLUTION recognizing Martha Chalker; and for other purposes.
HR 1931. By Representative Lumsden of the 12th:
A RESOLUTION commending Gene Greer, Chattooga County High School's 2016 STAR Teacher; and for other purposes.
HR 1932. By Representative Lumsden of the 12th:
A RESOLUTION commending Gail Jones, Trion High School's 2016 STAR Teacher; and for other purposes.
HR 1933. By Representatives Howard of the 124th, Sims of the 123rd, Prince of the 127th and Smith of the 125th:
A RESOLUTION recognizing the Class of 2016 inductees into the Lucy Craft Laney High School Alumni Association Hall of Fame; and for other purposes.
HR 1934. By Representative Kaiser of the 59th:
A RESOLUTION recognizing and commending Stephanie Johnson, the 2016-2017 Georgia Principal of the Year; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 904. By Representatives Strickland of the 111th, Shaw of the 176th, Fleming of the 121st, Bryant of the 162nd and Kirby of the 114th:
THURSDAY, MARCH 24, 2016
3771
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 contribution rates and credits; to change certain provisions relating to rate of employer contributions; to extend certain provisions relating to variations in the standard rate; to extend provisions relating to administrative assessments; to reduce the percentage of the administrative assessment to be assessed for a certain period; to provide exceptions; to change certain provisions relating to additional assessments for a new or newly covered employer; to extend the provision relating to automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 904 (LC 36 2914) by inserting after "repeal;" on line 7 "to prevent fraud and abuse of the Unemployment Trust Fund by authorizing the Commissioner of Labor to submit to and receive from the state revenue commissioner certain information related to persons paying into or receiving funds from such fund; to provide penalties for the unlawful divulging of certain confidential information;".
By replacing "article" with "chapter" on lines 83 and 105.
By deleting line 109 and inserting in lieu thereof the following:
SECTION 6. Said chapter is further amended by adding a new Code section to read as follows:
"34-8-130. (a) To enforce the provisions of this article and to prevent fraud and abuse of the Unemployment Trust Fund, the Commissioner or his or her duly authorized representative may submit to the state revenue commissioner the names and social security numbers of any individuals who are required to report earnings to the department along with the amount of earnings such individuals have reported to the department during specified time periods. The state revenue commissioner shall compare the submitted earnings of such individuals with income reported by such individuals to the Department of Revenue and shall verify and report back to the department that the submitted earnings of each such individual is either equal to, greater than, or less than the amount of income reported by each such individual to the Department of Revenue. Furthermore, the department may submit to the state revenue commissioner the name of any employer along with the number of employees who are being reported to the department by such employer during specified time periods. The state revenue commissioner shall compare such records submitted by employers to the department with the number of employees reported by each such employer to the Department of Revenue and shall verify and report back to the department that the number of employees reported to the department is either equal to, greater than, or less
3772
JOURNAL OF THE HOUSE
than the number of employees reported to the Department of Revenue for state income tax withholding purposes for the specified time period. The department shall pay the state revenue commissioner for all costs incurred by the Department of Revenue pursuant to this subsection. No report contemplated by this subsection shall be provided by the Department of Revenue to the department without a cooperative data sharing agreement executed by the two departments that is specific to the subject matter of this subsection. Any tax information secured from the federal government by the Department of Revenue pursuant to the provisions of Section 6103 of the Internal Revenue Code shall not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information under the authority of this subsection shall be subject to the provisions of Code Section 48-7-60 and to all penalties provided under Code Section 48-7-61 for unlawful divulging of confidential tax information, as well as the penalties provided under Code Section 34-8-125. (b) Nothing in this Code section shall prevent the Department of Revenue or any other governmental agency from having access to records or information as provided for under Code Section 34-8-125."
SECTION 7.
Representative Strickland of the 111th moved that the House disagree to the Senate amendment to HB 904.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 416. By Senators Cowsert of the 46th, Harbison of the 15th, Harper of the 7th, Thompson of the 14th and Dugan of the 30th:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia Information Sharing and Analysis Center within the Georgia Bureau of Investigation; to provide for a fusion center for the sharing and analysis of homeland security activity information; to provide for definitions; to provide for operations and responsibilities; to provide for membership; to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to Georgia Emergency Management Agency created, director, staff, offices, director's duties, and disaster coordinator, so as to expand the duties of the director of emergency management; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
THURSDAY, MARCH 24, 2016
3773
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 12, Code Section 20-2-1185, Code Section 31-12-2.1, Chapter 3 of Title 35, Chapter 3 of Title 38, Code Sections 40-1-23 and 46-5-122, Title 48, and Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to establishment of water emergency response procedures; school safety plans; investigation of potential bioterrorism activity and regulations and planning health emergencies; the Georgia Bureau of Investigation; emergency management; regulatory compliance inspections, notifications, contacts with state, permit required for transporting materials, escorts or inspections, exceptions, recovery for damage or discharge, civil monetary penalties, routing agencies, and adoption of regulations; definitions; revenue and taxation; and general provisions regarding torts, respectively, so as to rename the Georgia Emergency Management Agency to the Georgia Emergency Management and Homeland Security Agency; to rename the director of emergency management to the director of emergency management and homeland security; to establish the Georgia Information Sharing and Analysis Center within the Georgia Bureau of Investigation; to provide for a fusion center for the sharing and analysis of homeland security activity information; to provide for and revise definitions; to provide for operations and responsibilities of the center; to provide for membership in the center; to define the duties and responsibilities of the director of emergency management and homeland security; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to establishment of water resources, is amended by revising subsection (c) of Code Section 12-5-30.4, relating to establishment of water emergency response procedures, as follows:
"(c) If the division determines that there is a threat to the health or property of downstream users of the waters of this state, the division shall as soon as possible, but not more than 24 hours after such determination, notify and consult with the Georgia Emergency Management and Homeland Security Agency, the appropriate local emergency management agency, the appropriate local county health department, and other appropriate divisions within the department as necessary to determine if it is necessary to prepare and distribute a public notice concerning such threat. Upon notification by the division, the local emergency management agency or the local county health department shall prepare and post such public notice through electronic media and print. Such public notice shall be located at places where the public regularly uses the waters of this state or seeks information about such waters."
3774
JOURNAL OF THE HOUSE
SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 12-5-204, relating to completion and submission of emergency plan and costs, as follows:
"(a) The authority shall ensure the completion of the emergency plan not later than September 1, 2011, and shall submit the emergency plan to the director of the Environmental Protection Division of the Department of Natural Resources, the director of the Georgia Emergency Management and Homeland Security Agency, the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the Senate and House Committees on Natural Resources and Environment and of the Senate and House Committees on Appropriations not later than September 15, 2011."
SECTION 3. Code Section 20-2-1185 of the Official Code of Georgia Annotated, relating to school safety plans, is amended by revising subsections (b) and (d) as follows:
"(b) A public school may request funding assistance from the state for the installation of safety equipment, including, but not limited to, video surveillance cameras, metal detectors, and other similar security devices. Funding may be provided to a public school in accordance with a school safety plan prepared by the school and approved by the local board of education, the Department of Education, and the Georgia Emergency Management and Homeland Security Agency." "(d) The Georgia Emergency Management and Homeland Security Agency shall provide training and technical assistance to public school systems, and may provide this same training and technical assistance to private school systems, and independent private schools throughout this state in the area of emergency management and safe school operations. This training and technical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise design, safe school planning, emergency operations planning, search and seizure, bomb threat management, and model school safety plans."
SECTION 4. Code Section 31-12-2.1 of the Official Code of Georgia Annotated, relating to investigation of potential bioterrorism activity and regulations and planning for public health emergencies, is amended by revising subsections (b) and (c) as follows:
"(b) The department shall promulgate rules and regulations appropriate for management of any public health emergency declared pursuant to the provisions of Code Section 38-3-51, with particular regard to coordination of the public health emergency response of the state pursuant to subsection (i) of said Code section. Such rules and regulations shall be applicable to the activities of all entities created pursuant to Chapter 3 of this title in such circumstances, notwithstanding any other provisions of law. In developing such rules and regulations, the department shall consult and coordinate as appropriate with the Georgia Emergency Management and Homeland Security Agency, the Federal Emergency Management Agency, the Georgia
THURSDAY, MARCH 24, 2016
3775
Department of Public Safety, the Georgia Department of Agriculture, and the federal Centers for Disease Control and Prevention. The department is authorized, in the course of management of a declared public health emergency, to adopt and implement emergency rules and regulations pursuant to the provisions of subsection (b) of Code Section 50-13-4. Such rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but shall be automatically referred by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary. (c) The department shall promulgate, prepare, and maintain a public health emergency plan and draft executive order for the declaration of a public health emergency pursuant to Code Section 38-3-51 and Chapter 13 of Title 50. In preparation of such public health emergency plan and draft executive order, the department shall consult and coordinate as appropriate with the Georgia Emergency Management and Homeland Security Agency, the Federal Emergency Management Agency, the Georgia Department of Public Safety, the Georgia Department of Agriculture, and the federal Centers for Disease Control and Prevention."
SECTION 5. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new article to read as follows:
"ARTICLE 9
35-3-200. As used in this article, the term:
(1) 'Center' means the Georgia Information Sharing and Analysis Center. (2) 'Fusion center' means collaborative effort which combines resources, expertise, intelligence, and other information from various agencies of state and local governments with the goal of maximizing the ability of this state to detect, prevent, and respond to criminal activities or to otherwise engage in homeland security activities. (3) 'Homeland security activity' means any activity related to the prevention or discovery of, response to, or recovery from:
(A) A terrorist attack; (B) A hostile military or paramilitary action; or (C) An extraordinary law enforcement emergency.
35-3-201. There is established the Georgia Information Sharing and Analysis Center within the Georgia Bureau of Investigation. The center shall be a fusion center maintaining criminal intelligence and terrorism analytical components.
3776
JOURNAL OF THE HOUSE
35-3-202. (a) Responsibility for the development, maintenance, and operations of the center shall be vested in the director. (b) The director shall appoint and maintain the necessary professional and support staff to enable the center to effectively and efficiently carry out its duties and responsibilities under this article.
35-3-203. (a) The director through the center shall share and provide homeland security activity information to the director of emergency management and homeland security, including, but not limited to, threats, warnings, and developing situations, when an investigation reveals conduct of a terroristic nature or in material support of terroristic activities, recruitment of terrorists, or information on the activities of known terrorist organizations. (b) The center shall liaise with the bureau, the Federal Bureau of Investigation, Joint Terrorism Task Force, United States Department of Homeland Security, and other local, state, and federal intelligence and law enforcement officials for purposes of carrying out its duties and responsibilities under this article. (c) The center shall allow unrestricted access to secure communications equipment to the director of emergency management and homeland security and his or her representatives who possess the appropriate federally approved security clearances for the dissemination of homeland security activity information by the United States Department of Homeland Security. (d) The director of emergency management and homeland security shall serve as this state's security manager for the purpose of identifying and processing state personnel for security clearances through the United States Department of Homeland Security.
35-3-204. (a) Membership in the center shall consist of the director, the director of emergency management and homeland security, the commissioner of public safety, the commissioner of natural resources, the commissioner of corrections, the state fire marshal, the Attorney General, the adjutant general, and state and local fire service, law enforcement, homeland security, emergency management, corrections, and other appropriate agencies and disciplines as determined by the director of emergency management and homeland security in consultation with the director. Such members shall assign or make available their analysts or other personnel to the center as such need is determined by the director of emergency management and homeland security. (b) The director of emergency management and homeland security shall maintain Georgia Emergency Management and Homeland Security Agency analysts in the center as needed as determined by the director of emergency management and homeland security."
THURSDAY, MARCH 24, 2016
3777
SECTION 6.
Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by revising Code Section 38-3-20, relating to Georgia Emergency Management Agency created, director, staff, offices, director's duties, and disaster coordinator, as follows:
"38-3-20. (a) There is established the Georgia Emergency Management and Homeland Security Agency with a director of emergency management and homeland security who shall be the head thereof. The Georgia Emergency Management and Homeland Security Agency shall be assigned to the Office of Planning and Budget for administrative purposes only as provided in Code Section 50-4-3. (b) The Governor shall appoint the director of emergency management and homeland security. He or she shall hold office at the pleasure of the Governor, who shall fix his or her compensation. The director of emergency management and homeland security shall hold no other state office. (c) The director may employ such professional, technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency management and homeland security, as may be necessary to carry out the purposes of Article 9 of Chapter 3 of Title 35, Article 1, this article, and Article 3 of this chapter, the duties of the agency and the director described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977,' as amended. (d) The director and other personnel of the Georgia Emergency Management and Homeland Security Agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery, and printing in the same manner as provided for personnel of other state agencies. (e) The director, subject to the direction and control of the Governor, shall:
(1) Be be the executive head of the Georgia Emergency Management and Homeland Security Agency and shall be responsible to the Governor for carrying out the program for emergency management and homeland security in this state. He or she shall coordinate; (2) Serve as the central authority reporting to the Governor on all matters relating to homeland security; (3) Have command and control authority over all operational areas involving terrorist activity within this state, including, but not limited to, the Homeland Security Task Force and the Homeland Security Central Command when activated by the Governor; (4) Coordinate the activities of all organizations for emergency management and homeland security within the state, shall maintain; (5) Maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government,; (6) Oversee all risk and threat assessments and coordinate all plans for timely and complete responses through a network of state, local, and federal organizations,
3778
JOURNAL OF THE HOUSE
including, but not limited to, the coordination of efficient and timely flow of information; (7) Be responsible for crisis and consequence management planning, including, but not limited to, measures to identify, acquire, and plan the use of resources needed to anticipate, prevent, or resolve a threat or act of terrorism; (8) Coordinate and review all activities involving homeland security within any agency, authority, or entity of this state, including, but not limited to, oversight of homeland security activities found within the Department of Public Safety, the Georgia Bureau of Investigation, the Georgia National Guard, the Department of Natural Resources, the Department of Community Health, and the Department of Public Health; (9) Evaluate information developed by the criminal justice community in regard to threats or potential threats of terrorism; and (10) Have shall have such additional authority, duties, and responsibilities authorized by Article 1, this article, and Article 3 of this chapter as may be prescribed by the Governor and such additional authority, duties, and responsibilities as described in Article 9 of Chapter 3 of Title 35 and Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977,' as amended. (f) The director of emergency management and homeland security shall also be the disaster coordinator and shall act for the Governor when requested to do so."
SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 38-3-22, relating to Governor's emergency management powers and duties, as follows:
"(a) The Governor shall have general direction and control of the Georgia Emergency Management and Homeland Security Agency and shall be responsible for the carrying out of the provisions of Article 1, this article, and Article 3 of this chapter and, in the event of disaster or emergency beyond local control, may assume direct operational control over all or any part of the emergency management functions within this state."
SECTION 8. Said chapter is further amended by revising subsection (c) and paragraph (2) of subsection (d) of Code Section 38-3-22.1, relating to safety plan addressing threat of terrorism required of state agencies or authorities, exemptions, training and technical assistance, and confidentiality of plans and related documentation, as follows:
"(c) Subject to the availability of funds for such purpose, the Georgia Emergency Management and Homeland Security Agency shall provide training and technical assistance to agencies and authorities and may provide such training and technical assistance to local units of government and to critical facilities operated by the private sector. Such training and technical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise design, safe school planning, emergency operations planning, search and seizure, bomb threat management, and model safety plans."
THURSDAY, MARCH 24, 2016
3779
"(2) Any other record produced pursuant to this Code section the disclosure of which would, in the determination of the director of the Georgia Emergency Management and Homeland Security Agency, endanger the life or physical safety of any person or persons or the physical safety of any public property."
SECTION 9. Said chapter is further amended by revising subparagraph (a)(3)(F) and paragraph (6) of subsection (a) of Code Section 38-3-27, relating to local organizations for emergency management, creation, structure, powers, directors, appointment, qualifications, and compensation, state to provide financial assistance, and entitlement for funding, as follows:
"(F) Except as provided in this subparagraph, any director or deputy director of a local emergency management organization appointed after July 1, 1999, shall be a certified emergency manager under the Georgia Emergency Management and Homeland Security Agency's Certified Emergency Manager Program. The curriculum of the Certified Emergency Manager Program and requirements for certification shall be determined by the director of emergency management and homeland security and shall include, but not be limited to, professional development series training, independent study courses, emergency preparedness courses, and field-delivered courses. Certification may be obtained by an appointed director or deputy director within six months of his or her appointment. Certification shall expire biennially. As a condition of certification renewal, such emergency management personnel shall be required to satisfactorily complete continuing education requirements provided for in subparagraph (G) of this paragraph." "(6) A local director whose salary is reimbursed in part or in full by the Georgia Emergency Management and Homeland Security Agency shall also meet all requirements which may be imposed by the federal emergency management agency or its successor."
SECTION 10. Said chapter is further amended by revising subsection (d) of Code Section 38-3-50, relating to emergency interim successors to various officials and necessity of declared emergency, as follows:
"(d) Designations of emergency interim successors to state officers shall become official upon the officer filing a list of the successors with the Secretary of State, who shall inform the Governor, the Georgia Emergency Management and Homeland Security Agency, all emergency interim successors to the officer involved, and the judge of the probate court of the county of legal residence of the successors of all such designations and any changes therein. Any designation of an emergency interim successor may be changed or altered by the officer concerned filing a notice of the change or alteration with the Secretary of State."
3780
JOURNAL OF THE HOUSE
SECTION 11.
Said chapter is further amended by revising Code Section 38-3-57, relating to establishment of standardized, verifiable, performance based unified incident command system, utilization, training, implementation, funding, and first informer broadcasters, as follows:
"38-3-57. (a) The Georgia Emergency Management and Homeland Security Agency shall establish and maintain, in collaboration with all appropriate state agencies and volunteer organizations with emergency support function roles and professional organizations that represent local public safety agencies, including the Emergency Management Association of Georgia, the Georgia Association of Police Chiefs, the Georgia Fire Chiefs' Association, and the Georgia Sheriffs' Association, a standardized, verifiable, performance based unified incident command system. (b) Such system shall be consistent with the Georgia Emergency Operations Plan and shall be utilized in response to emergencies and disasters referenced in the Georgia Emergency Operations Plan, including presidentially declared disasters and states of emergency issued by the Governor. (c) The Georgia Emergency Management and Homeland Security Agency, in cooperation with the Georgia Public Safety Training Center and the State Forestry Commission, shall develop or adopt a course of instruction for use in training and certifying emergency response personnel in unified incident command. (d) All local public safety and emergency response organizations, including emergency management agencies, law enforcement agencies, fire departments, and emergency medical services, shall implement the standardized unified incident command system provided for in subsection (a) of this Code section by October 1, 2004. (e) Local agencies that have not established such system by October 1, 2004, shall not be eligible for state reimbursement for any response or recovery related expenses.
(f)(1) As used in this subsection, the term: (A) 'Broadcaster' means any corporation or other entity that is primarily engaged in the business of broadcasting video or audio programming, whether through the public airwaves, cable, direct or indirect satellite transmission, or any other similar means of communication. (B) 'Emergency' means the declaration of a state of emergency or disaster as provided in Code Section 38-3-51 or as presidentially declared. (C) 'First informer broadcaster' means a broadcaster in Georgia who makes application to the Georgia Emergency Management and Homeland Security Agency for designation as a first informer broadcaster and who is granted such designation as a first informer broadcaster pursuant to rules and regulations promulgated by the director of emergency management and homeland security.
(2) The unified incident command system and the Georgia Emergency Operations Plan shall, by July 1, 2016, establish planning for first informer broadcasters such that first informer broadcasters, to any extent practicable, may during an emergency:
THURSDAY, MARCH 24, 2016
3781
(A) Have access to areas affected by an emergency for the purpose of restoring, repairing, or resupplying any facility or equipment critical to the ability of a broadcaster to acquire, produce, or transmit emergency related programming, including but not limited to repairing and maintaining transmitters and generators and transporting fuel for generators; (B) Have access to the distribution of fuel, food, water, supplies, equipment, and any other materials necessary for maintaining or producing a broadcast or broadcasting signal; and (C) Not have vehicles, fuel, food, water, and any other materials seized or condemned that are essential for maintaining or producing a broadcast or broadcasting signal. (3) The Georgia Emergency Management and Homeland Security Agency may develop or adopt courses of instruction for use in training personnel of first informer broadcasters on personal safety and navigation in an area affected by an emergency. The requirements of any such training shall be established pursuant to rules and regulations promulgated by the director of emergency management and homeland security. The costs of any such training shall be paid by the first informer broadcasters participating in the training."
SECTION 12. Said chapter is further amended by revising Code Section 38-3-140, relating to short title, as follows:
"38-3-140. This article shall be known and may be cited as the 'Georgia Emergency Management and Homeland Security Agency Nomenclature Act of 2008.'"
SECTION 13. Said chapter is further amended by revising Code Section 38-3-141, relating to definitions, as follows:
"38-3-141. As used in this article, the term:
(1) 'Badge' means any official badge, identification card, or security pass used by members of the Georgia Emergency Management and Homeland Security Agency, either in the past or currently. (2) 'Director' means the director of the Georgia Emergency Management and Homeland Security Agency. (3) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the Georgia Emergency Management and Homeland Security Agency to identify the agency, a division of the agency, or employees of the agency. (4) 'Person' means any person, corporation, organization, or political subdivision of the State of Georgia. (5) 'Seal' means any official symbol, mark, or abbreviation which represents and is used, currently or in the past, by the Georgia Emergency Management and Homeland
3782
JOURNAL OF THE HOUSE
Security Agency or any other division or operation under the command of the Georgia Emergency Management and Homeland Security Agency to identify the agency, a division of the agency, or employees of the agency. (6) 'Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the director that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator."
SECTION 14. Said chapter is further amended by revising Code Section 38-3-142, relating to use of agency name without written permission prohibited in certain circumstances, as follows:
"38-3-142. Whoever, except with the written permission of the director, knowingly uses the words 'Georgia Emergency Management Agency,' 'Georgia Homeland Security Agency,' 'Emergency Management Agency,' or 'GEMA' 'Homeland Security Agency,' 'GEMA,' 'GEMHSA,' or 'GEMA/HS' in referring to Georgia's Emergency Management and Homeland Security Agency in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the Georgia Emergency Management and Homeland Security Agency shall be in violation of this article."
SECTION 15. Said chapter is further amended by revising Code Section 38-3-143, relating to use or display of agency symbols without written permission prohibited, as follows:
"38-3-143. Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the Georgia Emergency Management and Homeland Security Agency without written permission from the director shall be in violation of this article."
SECTION 16. Said chapter is further amended by revising Code Section 38-3-144, relating to requests for permission and grants of permission at director's discretion, as follows:
"38-3-144. Any person seeking permission to use or display the nomenclature or symbols of the Georgia Emergency Management and Homeland Security Agency may request such
THURSDAY, MARCH 24, 2016
3783
permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under this article shall be at the discretion of the director and under such conditions as the director may impose."
SECTION 17. Said chapter is further amended by revising Code Section 38-3-151, relating to definitions, as follows:
"38-3-151. As used in this article, the term:
(1) 'Agency' means the Georgia Emergency Management and Homeland Security Agency established by Code Section 38-3-20. (2) 'Building mapping information system' means a state-wide informational system containing maps of designated public buildings. (3) 'Director' means the director of the agency."
SECTION 18. Code Section 40-1-23 of the Official Code of Georgia Annotated, relating to regulatory compliance inspections, notifications, contacts with state, permit required for transporting materials, escorts or inspections, exceptions, recovery for damage or discharge, civil monetary penalties, routing agencies, and adoption of regulations, is amended by revising subsection (q) as follows:
"(q) The department is designated as the routing agency as defined in Title 49 C.F.R. Part 397, Subpart E. Routing determinations for hazardous materials shall be made in accordance with the provisions of Federal Hazardous Materials Law, 49 U.S.C. Section 5112. The commissioner or his or her designee shall consult with Georgia Department of Transportation, Georgia Department of Natural Resources, Georgia Emergency Management and Homeland Security Agency, Georgia Department of Homeland Security, or other agencies as necessary to carry out these responsibilities."
SECTION 19. Code Section 46-5-122 of the Official Code of Georgia Annotated, relating to definitions, is amended by revising paragraph (2) as follows:
"(2) 'Agency' means the Georgia Emergency Management and Homeland Security Agency established pursuant to Code Section 38-3-20 unless the context clearly requires otherwise."
SECTION 20. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsections (g) and (h) of Code Section 48-2-100, relating to short title, definitions, legislative findings, certain exemptions for out-of-state businesses and
3784
JOURNAL OF THE HOUSE
employees conducting operations related to declared state of emergency, and postemergency of state laws and requirements, as follows:
"(g)(1) Any out-of-state business that enters this state to perform qualified work during a disaster or emergency period shall provide to the department and to the Georgia Emergency Management and Homeland Security Agency a statement that it is in this state for purposes of responding to the disaster or emergency, which statement shall include the business' name, state of domicile, principal business address, federal tax identification number, date of entry, and contact information. (2) A registered business in this state shall provide the information required in paragraph (1) of this subsection to the department and to the Georgia Emergency Management and Homeland Security Agency for any affiliate that enters this state that is an out-of-state business. The notification shall also include contact information for the registered business in this state. (h) The Georgia Emergency Management and Homeland Security Agency and the department shall promulgate regulations as necessary to comply with the requirements of this Code section."
SECTION 21. Said title is further amended by revising subsection (a) of Code Section 48-7-29.4, relating to tax credit for disaster assistance funds received and rules and regulations, as follows:
"(a) A taxpayer who receives disaster assistance during a taxable year from the Georgia Emergency Management and Homeland Security Agency or the Federal Emergency Management Agency shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount equal to $500.00 or the actual amount of such disaster assistance, whichever is less. The commissioner may require adequate supporting documentation showing that the taxpayer received such assistance."
SECTION 22. Said title is further amended by revising subsection (f) of Code Section 48-8-13, relating to taxing jurisdiction for mobile telecommunications services, as follows:
"(f) A home service provider shall identify each customer's place of primary use and shall provide at least quarterly a complete listing of the total number of customers to the Georgia Emergency Management and Homeland Security Agency. The home service provider shall indicate in such report whether it is employing an enhanced ZIP Code to assign each street address to a specific taxing jurisdiction so as to qualify for the safe harbor provisions of 4 U.S.C. Section 120. Further, each home service provider shall, upon request, provide information showing the total number of billings and the amount of fees collected to any taxing jurisdiction as to the customers whose place of primary use is within the jurisdiction of such taxing jurisdiction; provided, however, that in no event shall customer identification be required to be released. Such information shall initially be made available not later than July 1, 2006."
THURSDAY, MARCH 24, 2016
3785
SECTION 23. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by revising Code Section 51-1-50, relating to immunity of broadcasters from liability for Levi's Call: Georgia's Amber Alert Program, as follows:
"51-1-50. (a) As used in this Code section, the term:
(1) 'Broadcast' means the transmission of video or audio programming by an electronic or other signal conducted by radiowaves or microwaves, by wires, lines, coaxial cables, wave guides or fiber optics, by satellite transmissions directly or indirectly to viewers or listeners, or by any other means of communication. (2) 'Broadcaster' means any corporation or other entity that is engaged in the business of broadcasting video or audio programming, whether through the public airwaves, by cable, by direct or indirect satellite transmission, or by any other means of communication. (3) 'Levi's Call: Georgia's Amber Alert Program' means the voluntary program entered into by the Georgia Bureau of Investigation, the Georgia Emergency Management and Homeland Security Agency, the Georgia Association of Broadcasters, and certain broadcasters licensed to serve in the State of Georgia, which program provides that if the Georgia Bureau of Investigation verifies that a child has been abducted and is in danger, an alert containing known details of the abduction is transmitted to the Georgia Emergency Management and Homeland Security Agency, which is then transmitted by the Georgia Emergency Management and Homeland Security Agency to broadcasters in Georgia; and those broadcasters participating in the program then broadcast or otherwise disseminate the alert to listeners, viewers, or subscribers. (b) Any broadcaster participating in Levi's Call: Georgia's Amber Alert Program shall not be liable for any civil damages arising from the broadcast or other dissemination of any alert generated pursuant to the Levi's Call: Georgia's Amber Alert Program. The immunity provided for in this Code section shall apply to any broadcast or dissemination of information that is substantially consistent with the information transmitted by the Georgia Emergency Management and Homeland Security Agency and that takes place during an alert requested by the Georgia Emergency Management and Homeland Security Agency and for a period of two hours after such alert has ended or the Georgia Emergency Management and Homeland Security Agency informs the participating broadcasters that the alert has changed in content. (c) Nothing in this Code section shall be construed to limit or restrict in any way any legal protection a broadcaster may have under any other law for broadcasting or otherwise disseminating any information."
SECTION 24. All laws and parts of laws in conflict with this Act are repealed.
3786
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Harrell
Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Houston Y Howard Y Hugley Y Jackson 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
Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y Pak Y Parrish Y Parsons Y Peake
Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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
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. 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 passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 379. By Senators Ginn of the 47th, Wilkinson of the 50th, Harper of the 7th, Mullis of the 53rd, Albers of the 56th and others:
THURSDAY, MARCH 24, 2016
3787
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide an exemption for fire districts which have elected governing bodies and are supported by ad valorem taxes; 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 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change a definition; to provide a clarification of an existing exception to a breach of covenant for bona fide conservation use property; to provide for a new exception to a breach of covenant for bona fide conservation use property; to provide an exemption for fire districts which have elected governing bodies and are supported by ad valorem taxes; to provide for a limited period of time an exemption from state sales and use tax only with respect to certain sales to a qualified job training organization; to provide for procedures, conditions, and limitations; to provide for a sunset 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-2, relating to definitions concerning ad valorem taxation of property, by revising paragraph (3) as follows:
"(3) 'Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. The income approach, if actual income and expense data is available are supplied by the property owner, shall be considered applied in determining the fair market value of income-producing property. For purposes of this paragraph, income and expense data prepared by the commissioner pursuant to Code Section 48-5-269 may be used in addition to actual income and expense data. Notwithstanding any other provision of this chapter to the contrary, the transaction amount of the most recent arm's length, bona fide sale in any year shall be the maximum allowable fair market value for the next taxable year. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information available, including, but not limited to, the original cost of the property, any depreciation or obsolescence, and any increase in value by reason of inflation. Each tax assessor shall have access
3788
JOURNAL OF THE HOUSE
to any public records of the taxpayer for the purpose of discovering such information."
SECTION 2. Said title is further amended in Code Section 48-5-7.4, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, by revising subsection (o) and by revising subsection (p) 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:
"(o) The transfer of a part of the property subject to a covenant for a bona fide conservation use shall not constitute a breach of a covenant if:
(1) The part of the property so transferred is used for single-family residential purposes, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied within 24 months from the date of the start by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and (2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres; and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period." "(10) Allowing all or part of the property subject to the covenant to be used to host a not for profit rodeo event to which spectator admission and participant entry fees are charged in an amount that in aggregate does not exceed the cost of hosting such event."
SECTION 3. Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use taxes, by revising paragraph (1) and by deleting "or" at the end of paragraph (95), by deleting the period and adding "; or" at the end of paragraph (96), and by adding a new paragraph to read as follows:
"(1) Sales to the United States government, this state, any county or municipality of this state, fire districts which have elected governing bodies and are supported by, in whole or in part, ad valorem taxes, or any bona fide department of such governments when paid for directly to the seller by warrant on appropriated government funds;"
"(97)(A) For the period beginning July 1, 2017 and ending June 30, 2020, sales of tangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner.
THURSDAY, MARCH 24, 2016
3789
(B) For the purposes of this paragraph, the term 'qualified job training organization' means an organization which:
(i) Is located in this state; (ii) Is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace disadvantages and disabilities, including, but not limited to, reentry citizens who shall be persons released from incarceration, persons with disabilities, and veterans; and (v) Uses a majority of its revenues for job training and placement programs. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' means any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, Article 2A, Part 1 or Part 2 of Article 3, Article 4, or Article 5 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) Any qualified job training organization which is granted an exemption under this paragraph shall provide an annual report to the department which contains, but is not limited to, the following: (i) The number of individuals trained in the program; (ii) The number of individuals employed by the organization after receiving such training; and (iii) The number of individuals employed in full-time positions outside the organization after such training. Such data shall be compiled by the department and presented to the House Committee on Ways and Means for consideration prior to any renewal or extension of the exemption provided by this paragraph. (E) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Powell of the 171st, was read and adopted:
A BILL TO BE ENTITLED AN ACT
3790
JOURNAL OF THE HOUSE
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions relating to the amount payable at redemption; to provide for the distribution of certain proceeds of the alternative ad valorem tax on motor vehicles; to provide an exemption for fire districts which have elected governing bodies and are supported by ad valorem taxes; to provide for a limited period of time an exemption from state sales and use tax only with respect to certain sales to a qualified job training organization; to provide for procedures, conditions, and limitations; to provide for a sunset 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, 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 (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 title 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.
THURSDAY, MARCH 24, 2016
3791
(c) With respect to any sale made after July 1, 2016, 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, that is an 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. Said title is further amended in 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, by revising subparagraph (c)(3)(A) as follows:
"(A) The tag agent of the county shall within 20 days following the end of each calendar month allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county, the water and sewerage authority for which the county has levied an ad valorem tax in accordance with a local constitutional amendment, and in a county in which a sales and use 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 governing body of the transportation authority created by the Metropolitan Atlanta Rapid Transit Authority Act of 1965, Ga. L. 1965, p. 2243, as amended, and the amendment to the Constitution set out at Ga. L. 1964, p. 1008, an amount of those proceeds necessary to offset any reduction in (i) ad valorem tax on motor vehicles collected under Chapter 5 of this title in the taxing jurisdiction of each governing authority, and school district, and water and sewerage authority from the amount of ad valorem taxes on motor vehicles collected under Chapter 5 of this title in each such governing authority, and school district, and water and sewerage authority during the same calendar month of 2012 and (ii) with respect to the transportation authority, the monthly average portion of the sales and use tax levied for purposes of a metropolitan area system of public transportation applicable to any motor vehicle titled in a county which levied such tax in 2012. Such amount of tax may be determined by the commissioner for counties which levied such tax in 2012, and any counties which subsequently levy a tax pursuant to a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008, the governing body of the transportation authority created by the Metropolitan Atlanta Rapid Transit Authority
3792
JOURNAL OF THE HOUSE
Act of 1965, Ga. L. 1965, p. 2243, as amended, and the amendment to the Constitution set out at Ga. L. 1964, p. 1008, the Commissioner may determine what amount of sales and use tax would have been collected in 2012, had such tax been levied. This reduction shall be calculated, with respect to (i) above, by subtracting the amount of ad valorem tax on motor vehicles collected under Chapter 5 of this title in each such taxing jurisdiction from the amount of ad valorem tax on motor vehicles collected under Chapter 5 of this title in that taxing jurisdiction in the same calendar month of 2012. In the event that the local title ad valorem tax fee proceeds are insufficient to fully offset such reduction in ad valorem taxes on motor vehicles or the portion of the sales and use tax described in (ii) above, the tag agent shall allocate a proportionate amount of the proceeds to each governing authority, and to the board of education of each such school district, the water and sewerage authority, and the transportation authority, and any remaining shortfall shall be paid from the following month's local title ad valorem tax fee proceeds. In the event that a shortfall remains, the tag agent shall continue to first allocate local title ad valorem tax fee proceeds to offset such shortfalls until the shortfall has been fully repaid; and"
SECTION 4. Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use taxes, by revising paragraph (1), by deleting "or" at the end of paragraph (95), by replacing the period with "; or" at the end of paragraph (96), and by adding a new paragraph to read as follows:
"(1) Sales to the United States government, this state, any county or municipality of this state, fire districts which have elected governing bodies and are supported by, in whole or in part, ad valorem taxes, or any bona fide department of such governments when paid for directly to the seller by warrant on appropriated government funds;"
"(97)(A) For the period beginning July 1, 2017, and ending June 30, 2020, sales of tangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner. (B) For the purposes of this paragraph, the term 'qualified job training organization' means an organization which:
(i) Is located in this state; (ii) Is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace disadvantages and disabilities, including, but not limited to, reentry citizens who shall be persons released from incarceration, persons with disabilities, and veterans; and (v) Uses a majority of its revenues for job training and placement programs. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' means any sales tax, use tax, or local sales and use tax which is levied and imposed in an
THURSDAY, MARCH 24, 2016
3793
area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, Article 2A, Part 1 or Part 2 of Article 3, Article 4, or Article 5 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) Any qualified job training organization which is granted an exemption under this paragraph shall provide an annual report to the department which contains, but is not limited to, the following: (i) The number of individuals trained in the program; (ii) The number of individuals employed by the organization after receiving such training; and (iii) The number of individuals employed in full-time positions outside the organization after such training. Such data shall be compiled by the department and presented to the House Committee on Ways and Means and the Senate Finance Committee for consideration prior to any renewal or extension of the exemption provided by this paragraph. (E) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph."
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, 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
Y Cooke Y Coomer
Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Dickey Y Dickson Dollar Y Douglas Y Drenner Y Dudgeon
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 Jasperse
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y Pak Y Parrish Y Parsons Y Peake
Petrea Y Pezold Y Pirkle
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
3794
JOURNAL OF THE HOUSE
Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Meadows
Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C
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. E Thomas, E Y Trammell N 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, by substitute, the ayes were 156, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 199. By Senators Jeffares of the 17th, Mullis of the 53rd, Jones of the 25th, Dugan of the 30th, Kennedy of the 18th 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 a definition; to prohibit certain activities within close proximity to polling places; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide a definition; to revise the qualifying times for municipal elections; to provide for the reopening of qualifications in municipal
THURSDAY, MARCH 24, 2016
3795
elections under certain conditions; to prohibit certain activities within close proximity to polling places; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended in Code Section 21-2-2, relating to definitions, by adding a new paragraph to read as follows:
"(3.1) 'Campaign material' means any newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter referring to:
(A) A candidate whose name appears on the ballot in a primary or election; (B) A referendum which appears on the ballot in a primary or election; or (C) A political party or body which has a nominee or nominees on the ballot in a primary or election. Campaign material shall not include any written or printed matter that is used exclusively for the personal and private reference of an individual elector during the course of voting."
SECTION 2. Said chapter is further amended in Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; and military service, by revising paragraph (3) of subsection (c) as follows:
"(3)(A) Each candidate for a nonpartisan municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's nonpartisan qualifying period. Each municipal superintendent shall designate the days of such qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Nonpartisan qualifying periods shall commence no earlier than 8:30 A.M. on the last third Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal nonpartisan qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and. (B) In any case in which no individual has filed a notice of candidacy and paid the prescribed qualifying fee to fill a particular office in a nonpartisan municipal election, the governing authority of the municipality shall be authorized to reopen qualifying for candidates at 9:00 A.M. on the Monday next following the close of
3796
JOURNAL OF THE HOUSE
the preceding qualifying period and cease such qualifying at 5:00 P.M. on the Tuesday immediately following such Monday, notwithstanding the fact that such days may be legal holidays; and"
SECTION 3. Said chapter is further amended by revising paragraph (3) of subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; and military service, as follows:
"(3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last third Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and".
SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited, prohibition of candidates from entering certain polling places, and penalty, as follows:
"(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign literature, newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter of any kind material, nor shall any person solicit signatures for any petition or conduct any exit poll or public opinion poll with voters 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."
SECTION 5. 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, is amended by revising paragraph (1) as follows:
"(1) Persons who are not citizens of this state and persons under the age of 21 years; provided, however, that upon passage of appropriate local ordinances, citizens of this
THURSDAY, MARCH 24, 2016
3797
state who are otherwise qualified and who have attained 18 years of age shall be eligible to hold any county or municipal office, except such offices of a judicial nature. The residency requirement for a candidate for any county office, except offices of a judicial nature, shall be 12 months residency within the county. The residency requirement for a candidate for any municipal office, except offices of a judicial nature, shall be 12 months residency within the municipality; provided, however, that municipalities may by charter provide for lesser residency requirements for candidates for municipal office, except offices of a judicial nature. Notwithstanding anything in this paragraph to the contrary, the General Assembly may provide by local law for a period of district residency for candidates for any county or municipal governing authority or board of education who are elected from districts not to exceed 12 months residency within the district from which each such candidate seeks election. Any local law previously enacted by the General Assembly providing for a period of district residency for candidates for county or municipal office which does not exceed 12 months shall be granted full force and effect;"
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
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 Harden Harrell
Y Hatchett Y Hawkins Y Henson
Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver N Pak Y Parrish Y Parsons Y Peake
Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y 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
3798
JOURNAL OF THE HOUSE
Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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
Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 167, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
HB 1115. By Representatives Henson of the 86th, Drenner of the 85th, Oliver of the 82nd, Taylor of the 79th, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act to make provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended, so as to allow for service of a citation for or accusation
THURSDAY, MARCH 24, 2016
3799
of a violation of an ordinance concerning the condition of real property by leaving a copy at the premises where the violation is allegedly to have occurred, mailing a copy to the owner of the premises, and filing with the clerk of the magistrate court; to limit sanctions for violations when such form of service is used; to provide for related matters; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 319. By Senators Jackson of the 2nd, Kirk of the 13th, Unterman of the 45th, Henson of the 41st and Orrock of the 36th:
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.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that professional counseling includes diagnosing emotional and mental problems and conditions; to clarify that persons licensed as professional counselors, social workers, and marriage and family therapists are not authorized to conduct psychological testing; to provide for legislative findings and intent; to provide for a curriculum of continuing education relating to diagnosing; to provide for the establishment of rules and regulations regarding testing conducted by licensed professional counselors; to clarify that psychological testing is part of the practice of psychology; to provide that certain licensed persons are able to perform certain tests other than psychological testing; to revise definitions; to amend Code Section 37-1-1 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 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:
3800
JOURNAL OF THE HOUSE
SECTION 1. The General Assembly finds that the mental health and wellness needs of Georgia's citizens require the availability of trained mental health professionals who can accurately diagnose, treat, prescribe, and appropriately assess the mental and emotional illnesses, disorders, and conditions from which they suffer and the vocational, educational, interpersonal, and intrapersonal needs essential to living and learning how to live productive and useful lives. It is the intent of the General Assembly to assure geographical and financial access for all of Georgia's citizens to excellent mental health services to the extent that Georgia's resources and regulations permit. To these ends, Georgia regulates its licensed psychiatrists, psychologists, professional counselors, marriage and family therapists, and clinical social workers who provide graduate level professional services to Georgia's private and public mental health services and to its public mental health, educational, and vocational support systems. The General Assembly seeks in such regulatory process to protect the public and assure it receives high quality and appropriate services and to define the scopes of practice and diagnostic authority for each of these professional groups consistent with the graduate level training and supervision, or its equivalent, that the members of each profession have sought and successfully completed. The General Assembly has empowered and authorized the Georgia Composite Medical Board, the State Board of Examiners of Psychologists, and the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists to fulfill these responsibilities and expects them to work together to assure a continuum of professional services that ensure appropriate diagnostic and assessment functions for each profession and the psychotherapeutic and counseling treatment services appropriate to each profession. The General Assembly recognizes that advances in medicine, science, education, training, and service delivery occur constantly in our modern history and therefore also expects the regulatory boards for each profession to assure that its licensees seek and successfully complete appropriate continuing education and training for the functions and services authorized to each profession.
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Code Section 43-10A-3, relating to definitions relative to professional counselors, social workers, and others, by adding a new paragraph and by revising paragraph (10) to read as follows:
"(4.1) 'Diagnose' means the use, administration, or application of any criteria contained within standard classification or diagnostic systems for mental disorders and that are related to the scope of practice as provided pursuant to this chapter. Diagnose shall not mean the diagnosis of any neuropsychological functioning or conditions." "(10) 'Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, intrapersonal, and
THURSDAY, MARCH 24, 2016
3801
interpersonal concerns; utilizes counseling and psychotherapy to evaluate, diagnose, treat, and recommend a course of treatment for emotional and mental problems and conditions, whether cognitive, behavioral, or affective, provided that the counselor shall have training and experience working with people with mental illness, developmental disability, or substance abuse; administers and interprets educational and vocational assessment instruments and other tests which the professional counselor is qualified to employ by virtue of education, training, and experience; utilizes information, community resources, and goal setting for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment and vocational planning and guidance for persons requesting assistance in adjustment to a disability or disabling condition; utilizes referral for persons who request counseling services; performs service planning; and utilizes and interprets counseling research."
SECTION 3. Said title is further amended by designating the present provisions as subsection (a) and by adding a new subsection to Code Section 43-10A-16, relating to continuing education for professional counselors, to read as follows:
"(b) On or before January 1, 2017, the board shall develop a curriculum of continuing education relating to diagnosing by persons licensed under this chapter working with people with mental illness, developmental disabilities, or substance abuse. All persons licensed under this chapter who have not already completed as of January 1, 2017, sufficient training, experience, or classes related to diagnosing as part of their licensure requirements as required by the board shall complete such curriculum no later than January 1, 2018. As of the effective date of this subsection, persons licensed under this chapter with at least ten years of experience as a professional counselor working with people with mental illness, developmental disabilities, or substance abuse and in good standing with the board shall be exempt from the requirements of this subsection."
SECTION 4. Said title is further amended by revising Code Section 43-10A-22, relating to restrictions on the scope of practice relative to professional counselors, social workers, and marriage and family therapists, as follows:
"43-10A-22. (a) Nothing in this chapter shall be construed to authorize persons licensed under this chapter to practice nursing, occupational therapy, physical therapy, medicine, or psychology, as regulated under Chapters 26, 28, 33, 34, and 39, respectively, of this title nor shall anything in this chapter be construed to limit or regulate the practice of those licensed under said Chapters 26, 28, 33, 34, and 39 of this title, nor shall anything in this chapter be construed to authorize persons licensed under this chapter to perform psychological testing as defined in Code Section 43-39-1.
3802
JOURNAL OF THE HOUSE
(b) On or before January 1, 2017, the board, in consultation with the State Board of Examiners of Psychologists, shall promulgate rules and regulations that define for its licensees testing and assessments authorized by this chapter and not prohibited by this Code section. The board shall retain its full authority to determine the education, experience, and training necessary and appropriate to any testing or assessments conducted by its licensees. The board and the State Board of Examiners of Psychologists shall notify each other in the event of any enforcement inquiry, penalty, or legal order relating to testing or assessments that are not within the scope of authority for licensees of either board and permit the other board to render any advice or comment relating to such action 30 days prior to any final action by the board."
SECTION 5. Said title is further amended by revising Code Section 43-39-1, relating to definitions relative to psychologists, as follows:
"43-39-1. As used in this chapter, the term:
(1) 'Board' means the State Board of Examiners of Psychologists. (2) 'Mental abilities' means abilities that are psychological in nature and are related to the practice of psychology. (3) 'Neuropsychological functioning' means the psychological manifestations of brain functioning. Neuropsychological functioning includes but is not limited to sensory motor functioning, attention, concentration, memory, language, abstraction, problem solving, visual-spatial ability, executive functioning, and personality. (2)(4) 'Neuropsychology' means the subspecialty of psychology concerned with the relationship between the brain and behavior, including the diagnosis of brain pathology through the use of psychological tests and assessment techniques. (5) 'Personality characteristics' means personality characteristics that are psychological in nature and related to the practice of psychology. (6) 'Psychological testing' means the use of assessment instruments to both:
(A) Measure mental abilities, personality characteristics, or neuropsychological functioning; and (B) Diagnose, evaluate, classify, or render opinions regarding mental and nervous disorders and illnesses, including, but not limited to, organic brain disorders, brain damage, and other neuropsychological conditions. (3)(7) 'To practice psychology' or 'practice of psychology' means to render or offer to render to individuals, groups, organizations, or the public for a fee or any remuneration, monetary or otherwise, any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology, such as including, but not limited to, diagnosing and treating mental and nervous disorders and illnesses,; rendering opinions concerning diagnoses of mental disorders, including, but not limited to, organic brain disorders and brain damage,; engaging in neuropsychology,; engaging in psychotherapy,; interviewing, administering, and interpreting tests of mental abilities, aptitudes, interests, and
THURSDAY, MARCH 24, 2016
3803
personality characteristics, including, but not limited to, psychological testing, for such purposes as psychological classification or evaluation, or for education educational or vocational placement, or for such purposes as psychological counseling, guidance, or readjustment. When engaged in the practice of psychology, licensed psychologists may describe or label any testing, assessment, or evaluation they conduct within the scope of practice described in this Code section as 'psychological' in nature; provided, however, that any such description or labeling shall not be construed to alter the meaning of psychological testing as defined in paragraph (6) of this Code section and in paragraph (9) of Code Section 43-39-7. Nothing in this paragraph shall be construed as permitting the administration or prescription of drugs or in any way infringing upon or restricting the practice of medicine as defined in the laws of this state."
SECTION 6. Said title is further amended by revising Code Section 43-39-7, relating to the practice of psychology without a license, use of psychologist title, and exceptions, by striking the word "and" at the end of paragraph (7), by replacing the period at the end of paragraph (8) with "; and", and by adding a new paragraph to read as follows:
"(9) Nothing in this chapter shall be construed as prohibiting any person licensed under Chapter 10A of this title from providing services he or she is authorized to perform under Chapter 10A of this title, including, but not limited to, administering and interpreting educational and vocational tests; functional assessments; interest inventories; tests that evaluate marital and family functioning; mental health symptom screening and assessment instruments that evaluate emotional, mental, behavioral, and interpersonal problems or conditions including substance use, health, and disability; or any other assessments or tests which the person is qualified to employ by virtue of his or her education, training, or experience within the scope of practice of professional counselors. The Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists shall have sole authority to regulate assessment and testing performed by persons licensed under Chapter 10A of this title."
SECTION 7. Code Section 37-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to the general provisions governing and regulating mental health, is amended by revising paragraph (17) as follows:
"(17) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 4339-1 duly licensed to practice psychology in this state under Chapter 39 of Title 43."
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
3804
JOURNAL OF THE HOUSE
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Dickson of the 6th offers the following amendment:
Amend the House Committee on Regulated Industries substitute to SB 319 (LC 33 6635ERS) by inserting on line 78 after "professional counselor" the following: , clinical social worker, or marriage and family therapist
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 N Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns N Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler
N Cooke Y Coomer
Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson
Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes
Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan
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 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
Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J N Price Y Prince N Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C
Rogers, T N 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 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 N Welch Y Weldon Y Werkheiser Y Wilkerson N Wilkinson N Willard Y Williams, A
THURSDAY, MARCH 24, 2016
3805
Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Maxwell Y Mayo Y McCall N McClain Y Meadows
Y Scott N 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, as amended, the ayes were 145, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:
SB 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.
Representative Weldon of the 3rd moved that the House insist on its position in substituting SB 64.
The motion prevailed.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Weldon of the 3rd.
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 364. By Representatives Knight of the 130th, Harbin of the 122nd, Harrell of the 106th, Stephens of the 164th, Powell of the 171st and others:
3806
JOURNAL OF THE HOUSE
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.
HB 937. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Williamson of the 115th 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 state sales and use tax, so as to change the sunset provision for the exemption for projects of regional significance; 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 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 Senate substitute was read:
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:
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:
THURSDAY, MARCH 24, 2016
3807
"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)(1) 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. (2) In solvent and insolvent estates, if the homestead is not claimed, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the real property set apart and against any equity of redemption applicable to the real property 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 is set apart for year's support."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Fleming of the 121st moved that the House agree to the Senate substitute to HB 547.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway
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 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 Jasperse Y Jones, J
Jones, J.B. Y Jones, L Y Jones, S
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price 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 Y Taylor, D Y Taylor, T Y Teasley
3808
JOURNAL OF THE HOUSE
Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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
Williams, E Williamson Yates Ralston, Speaker
On the motion, the ayes were 166, nays 0.
The motion prevailed.
HB 792. By Representatives Brockway of the 102nd, Pak of the 108th, Quick of the 117th, Cooke of the 18th, Ballinger of the 23rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying, possession, and use of electroshock weapons by persons who are students or who are employed at a public institution of postsecondary education; to provide for a definition; to provide for 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 Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize the carrying, possession, and use of electroshock weapons while in or on any building or real property owned by or leased to a public institution of postsecondary education; to provide for a definition; to provide for conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
THURSDAY, MARCH 24, 2016
3809
SECTION 1.
Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended in 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, by deleting "or" at the end of paragraph (17), by replacing the period with "; or" at the end of paragraph (18), and by adding a new paragraph to read as follows:
"(19) Any person who is 18 years of age or older or currently enrolled in classes on the campus in question and carrying, possessing, or having under such person's control an electroshock weapon while in or on any building or real property owned by or leased to such public technical school, vocational school, college or university or other public institution of postsecondary education; provided, however, that, if such person makes use of such electroshock weapon, such use shall be in defense of self or others. The exemption under this paragraph shall apply only to such person in regard to such electroshock weapon. As used in this paragraph, the term 'electroshock weapon' means any commercially available device that is powered by electrical charging units and designed exclusively to be capable of incapacitating a person by electrical charge, including, but not limited to, a stun gun or taser as defined in subsection (a) of Code Section 16-11-106."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Brockway of the 102nd moved that the House agree to the Senate substitute to HB 792.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin N Beverly Y Blackmon
Broadrick Y Brockway N Bruce
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 N Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson
Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J
Jones, J.B. N Jones, L N Jones, S Y Jordan
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett
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 Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M.
3810
JOURNAL OF THE HOUSE
E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ehrhart Y England Y Epps N Evans Y Fleming
Floyd N Fludd N Frazier N Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick N Gordon
Gravley Y Greene
N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
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 119, nays 50.
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 806. By Representatives Tanner of the 9th, Tankersley of the 160th, Epps of the 144th, Caldwell of the 131st and Rice of the 95th:
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 expiration of certain licenses and identification cards issued by the Department of Driver Services; to provide for the suspension of a driver's license upon receipt of conviction reports from a court; 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 205. By Representatives Rice of the 95th and Petrea of the 166th:
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
THURSDAY, MARCH 24, 2016
3811
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 installation of ignition interlock devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 866. By Representatives Blackmon of the 146th, Smith of the 134th, Efstration of the 104th, Ramsey of the 72nd, Hawkins of the 27th and others:
A BILL to be entitled an Act to amend Chapter 50 of Title 33 of the Official Code of Georgia Annotated, relating to multiple employer self-insured health plans, so as to exempt multiple employer self-insured health plans from premium taxes; 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 50 of Title 33 of the Official Code of Georgia Annotated, relating to multiple employer self-insured health plans, so as to exempt multiple employer selfinsured health plans from premium taxes; 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 50 of Title 33 of the Official Code of Georgia Annotated, relating to multiple employer self-insured health plans, is amended by revising Code Section 33-50-3, relating to application for license, payment of fees, and payment of premium taxes, as follows:
"33-50-3. (a) Application for a license shall be made on forms prescribed by the Commissioner. (b) Every multiple employer self-insured health plan shall pay to the Commissioner annual license fees, as established by rule or regulation of the Commissioner.
3812
JOURNAL OF THE HOUSE
(c) Every multiple employer self-insured health plan shall pay to the Commissioner the premium taxes on the plan's net retained premium after deducting premium paid by the plan to its excess insurer and any other applicable deductions provided for in Chapter 8 of this title. The applicable premium tax rate shall be the applicable rates for insurance companies provided for in Chapter 8 of this title Every multiple employer self-insured health plan shall be exempt from the payment of premium taxes on the plan's net premium."
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 Blackmon of the 146th moved that the House agree to the Senate substitute to HB 866.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas
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
Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway
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 Jasperse
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 Lott Y Lumsden Y Mabra Y Marin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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. E Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
Wilkerson Y Wilkinson Y Willard
THURSDAY, MARCH 24, 2016
3813
Y Chandler Y Cheokas
Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendment to the following bill of the House:
HB 904. By Representatives Strickland of the 111th, Shaw of the 176th, Fleming of the 121st, Bryant of the 162nd and Kirby of the 114th:
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 contribution rates and credits; to change certain provisions relating to rate of employer contributions; to extend certain provisions relating to variations in the standard rate; to extend provisions relating to administrative assessments; to reduce the percentage of the administrative assessment to be assessed for a certain period; to provide exceptions; to change certain provisions relating to additional assessments for a new or newly covered employer; to extend the provision relating to automatic repeal; 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 874. By Representatives Reeves of the 34th, Golick of the 40th, Efstration of the 104th, Strickland of the 111th, Ramsey of the 72nd and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 11 of Title 15, Title 16, Chapter 4 of Title 24, and Code Section 42-5-18 of the O.C.G.A., relating to access to hearings and records, crimes and offenses, relevant evidence and its limits, and items prohibited for possession by inmates, respectively, so as to improve the ability to prosecute street gang terrorism;
3814
JOURNAL OF THE HOUSE
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 9 of Chapter 11 of Title 15, Title 16, Chapter 4 of Title 24, and Title 42 of the Official Code of Georgia Annotated, relating to access to hearings and records, crimes and offenses, relevant evidence and its limits, and penal institutions, respectively, so as to improve the ability to prosecute street gang terrorism; to provide for the admissibility of juvenile adjudications under certain circumstances; to clarify provisions relating to terroristic threats and acts; to provide for misdemeanor punishment of terroristic threats under certain circumstances; to correct a cross-reference; to increase penalties for unlawful activities connected with criminal street gang activity and provide for certain mandatory minimum terms of imprisonment; to change provisions relating to the admissibility of evidence of the existence of criminal street gangs; to provide for the admissibility of similar transaction evidence in prosecutions for criminal street gang activity; to increase penalties for providing items prohibited for possession by inmates and provide for mandatory minimum terms of imprisonment; 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. Article 9 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to hearings and records, is amended by revising Code Section 15-11-703, relating to the use of disposition and evidence, as follows:
"15-11-703. Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child and evidence adduced in a hearing in the juvenile court may shall not be used against such child in any proceeding in any court other than as provided in Code Section 16-15-9 or 24-4-418 or for a proceeding for delinquency or a child in need of services, whether before or after reaching 18 years of age, except in the establishment of conditions of bail, plea negotiations, and sentencing in criminal offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to prosecuting attorneys, superior or state court judges, and the accused and may be used in the same manner as adult records. Whenever such record of disposition is filed in a superior or state court or admitted into evidence in a superior or state court proceeding, it shall be filed under seal."
THURSDAY, MARCH 24, 2016
3815
SECTION 2.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-11-37, relating to terroristic threats and acts and penalties, as follows:
"16-11-37. (a) As used in this Code section, the term 'hazardous substance' shall have the same meaning as set forth in Code Section 12-8-92.
(b)(1) A person commits the offense of a terroristic threat when he or she threatens to commit:
(A) Commit any crime of violence, to release; (B) Release any hazardous substance, as such term is defined in Code Section 12-892, or to burn; or (C) Burn or damage property with. (2) Such terroristic threat shall be made: (A) With the purpose of terrorizing another or; (B) With the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation or; (C) With the purpose of otherwise causing serious public inconvenience; or in (D) In reckless disregard of the risk of causing such the terror, evacuation, or inconvenience described in subparagraph (A), (B), or (C) of this paragraph. (3) No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated. (b)(c) A person commits the offense of a terroristic act when: (1) He or she uses a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household; (2) While not in the commission of a lawful act, he or she shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers; or (3) He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance for: (A) For the purpose of terrorizing another or; (B) For the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation or; (C) For the purpose of otherwise causing serious public inconvenience; or in (D) In reckless disregard of the risk of causing such the terror, evacuation, or inconvenience described in subparagraph (A), (B), or (C) of this paragraph. (c)(d)(1) A person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided, however, that if the threat suggested the death of the threatened individual, the person convicted shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00, or by imprisonment for not less than one nor more than five years, or both. (2) A person convicted of the offense of a terroristic act shall be punished by a fine of not more than $5,000.00, or by imprisonment for not less than one nor more than ten years, or both; provided, however, that if any person suffers a serious physical injury
3816
JOURNAL OF THE HOUSE
as a direct result of an act giving rise to a conviction under subsection (b) of this Code section, the person so convicted shall be punished by a fine of not more than $250,000.00, or imprisonment for not less than five nor more than 40 years, or both. (d)(e) A person who commits or attempts to commit a terroristic threat or act violation of subsection (b) or (c) of this Code section shall, upon conviction thereof, be punished by a fine of not less than $50,000.00, imprisonment for not less than five nor more than 20 years, or both, when such act is done with the intent to retaliate against any person for or intimidate or threaten any person from: (1) Attending a judicial or administrative proceeding as a witness, attorney, judge, clerk of court, deputy clerk of court, court reporter, 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, 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 3. Said title is further amended by revising Code Section 16-11-37.1, relating to dissemination of information relating to terroristic acts, as follows:
"16-11-37.1. It shall be unlawful for any person knowingly to furnish or disseminate through a computer or computer network any picture, photograph, drawing, or similar visual representation or verbal description of any information designed to encourage, solicit, or otherwise promote terroristic acts as defined in Code Section 16-11-37. Any person convicted for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that if such act is in violation of paragraph (1) of subsection (d) (e) of Code Section 16-11-37, the person convicted shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years or by a fine not to exceed $100,000.00 or both."
SECTION 4. Said title is further amended by revising subsection (k) of Code Section 16-15-4, relating to the prohibition of participating in criminal gang activity, as follows:
THURSDAY, MARCH 24, 2016
3817
"(k)(1) Any person who violates subsection (a), (b), or (c) of this Code section shall be guilty of a felony and upon conviction thereof, in addition to any other penalty imposed, by law, be punished by shall be sentenced to imprisonment for not less than five nor years but not more than 15 20 years or by pay a fine of not less than $10,000.00 nor more than $15,000.00, or both. (2) Any person who violates subsection (a) of this Code section through the commission of a violation of Code Section 42-5-18 shall be guilty of a felony and upon conviction thereof, in addition to any other penalty imposed, shall be sentenced to a mandatory minimum term of imprisonment of two years but not more than 20 years which shall be served consecutively to any other sentence imposed, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court. (2)(3) Any person who violates subsection (d) of this Code section may shall be guilty of a felony and upon conviction thereof, in addition to any other penalty provided by law, be punished by imposed, shall be sentenced to imprisonment for an additional ten for five years but not more than 20 years which shall be served consecutively to any other sentence imposed on such person by law. (3)(4) Any person who violates subsection (e), (f), (g), (h), (i), or (j) of this Code section shall be guilty of a felony and upon conviction thereof, in addition to any other penalty provided by law, be punished by imposed, shall be sentenced to imprisonment for not less than three nor more than ten for five years but not more than 20 years."
SECTION 5. Said title is further amended by revising Code Section 16-15-9, relating to commission of offense admissible as evidence of existence of criminal street gang and criminal gang activity, as follows:
"16-15-9. The commission For the purpose of proving the existence of a criminal street gang and criminal gang activity, the commission, adjudication, or conviction of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member or associate of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and criminal gang activity. Evidence offered under this Code section shall not be subject to the restrictions in paragraph (22) of Code Section 24-8-803."
SECTION 6. Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to relevant evidence and its limits, is amended by adding a new Code section to read as follows:
"24-4-418. (a) In a criminal proceeding in which the accused is accused of conducting or participating in criminal gang activity in violation of Code Section 16-15-4, evidence of the accused's commission of criminal gang activity, as such term is defined in Code
3818
JOURNAL OF THE HOUSE
Section 16-15-3, shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a proceeding in which the prosecution intends to offer evidence under this Code section, the prosecutor shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown. (c) This Code section shall not be the exclusive means to admit or consider evidence described in this Code section."
SECTION 7. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising subsection (c) of Code Section 42-2-8, relating to additional duties of the commissioner of corrections, as follows: "(c) The commissioner and any person designated and serving in the position of his or her chief of staff shall be authorized to issue a warrant for the arrest of an offender who has escaped from the custody of the department upon probable cause to believe the offender has violated Code Section 16-10-52, relating to escape from lawful confinement."
SECTION 8. Said title is further amended by revising subsection (d) of Code Section 42-5-18, relating to items prohibited for possession by inmates, as follows:
"(d)(1) An inmate A person who commits or attempts to commit a violation of subsection (c) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, if a person an inmate violates this Code section while being held pursuant to an arrest or conviction for a misdemeanor offense, the possession of a telecommunications device in violation of this Code section shall be treated as a misdemeanor.
(2) A person who commits or attempts to commit a violation of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be sentenced to a mandatory minimum term of imprisonment of two years but not more than ten years, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court."
SECTION 9. Section 7 of this Act shall become effective on July 1, 2016, and shall apply to offenses committed on or after such date. All other sections of this Act shall become effective upon approval by the Governor or upon becoming law without such approval.
THURSDAY, MARCH 24, 2016
3819
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Representative Reeves of the 34th moved that the House agree to the Senate substitute to HB 874.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin N Beverly
Blackmon Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J N Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Cooke N Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner N Dudgeon N Dukes Y Dunahoo Y Duncan 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 Y Gilligan N Glanton Y Golick N Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan N Kaiser Y Kelley Y Kendrick N Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price N Prince N Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T N 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
Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. E Thomas, E N Trammell N Turner N Waites Y Watson N Welch N 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 105, nays 67.
The motion prevailed.
HB 879. By Representatives Taylor of the 79th, Reeves of the 34th, Stephens of the 164th, Beskin of the 54th and Marin of the 96th:
3820
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary educational programs, so as to provide for the issuance of a seal of biliteracy for high school graduates who have achieved a high level of proficiency in speaking, reading, and writing one or more languages in addition to English; to provide for criteria; to provide for participation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 879 by adding a new section 2A between lines 43 and 44. Said chapter is further amended by adding a new subsection to read as follows:
20-2-281.2 (a) State mandated tests pursuant to Code Section 20-2-281 shall be mandatory for school systems to administer but optional for students, notwithstanding any other provisions of law, under the following conditions: (1) A parent or legal guardian submits a written request to school officials to excuse his or her child from any or all parts of the state mandated assessments administered pursuant to Code Section 20-2-281; and (2) A licensed therapist's order or a physician's order has been issued to excuse a child from any or all parts of the state mandated assessments administered pursuant to Code Section 20-2-281 if the child is diagnosed with a life-threatening or serious health condition or has a disability.
The following amendment was read and adopted:
Representatives Taylor of the 79th and Rogers of the 10th offer the following amendment:
Amend the Senate amendment to HB 879 (HB 879/FA) by striking all language from beginning to end.
Representative Taylor of the 173rd moved that the House agree to the Senate amendment, as amended by the House, to HB 879.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
THURSDAY, MARCH 24, 2016
3821
Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
N 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 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 169, nays 5.
The motion prevailed.
HB 926. By Representatives Broadrick of the 4th, Stephens of the 164th, Harden of the 148th and Parrish of the 158th:
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 regulation of certain facilities and entities involved in the wholesale, manufacture, and distribution of drugs; to provide definitions; to provide for licensure and registration; to provide for temporary pharmacy licenses for service members; to revise provisions relating to the compounding of drug products to conform with federal law; to establish requirements relating to drug supply chain security; to revise a provision relating to the return of outdated drugs; to provide for related matters; to repeal conflicting laws; and for other purposes.
3822
JOURNAL OF THE HOUSE
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the licensure of outsourcing facilities and third-party logistics providers; to provide for definitions; to provide for temporary pharmacy licenses for service members; to require that compounding of drug products for use in a practitioner's office can only be conducted by outsourcing facilities to conform to federal law; to establish requirements relating to drug supply chain security; to revise a provision relating to the return of outdated drugs; 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:
"(1.05) 'Authorized' means, in the case of a wholesale distributor, having a valid license pursuant to this chapter or 21 U.S.C. 360eee-1(a)(6) and complying with the licensure reporting requirements under 21 U.S.C. 360eee-3(b)." "(24.1) 'Outsourcing facility' means a facility that is engaged in the compounding of drugs and is registered with the federal Food and Drug Administration as an outsourcing facility pursuant to Section 503b of the federal act." "(40.1) 'Third-party logistics provider' means an entity that provides or coordinates warehousing, distribution, or other services on behalf of a manufacturer, wholesale distributor, or chain pharmacy but does not take title to a drug or have general responsibility to direct the sale or other disposition of the drug."
SECTION 2. Said chapter is further amended in Code Section 26-4-28, relating to the powers, duties, and authority of the Georgia State Board of Pharmacy, by revising paragraph (13) of subsection (a) as follows:
"(13) The issuance and renewal of licenses or permits of all persons engaged in the manufacture and distribution of drugs, including but not limited to all types of drug manufacturers, wholesale distributors, reverse drug distributors, outsourcing facilities, and third-party logistics providers. The board shall be authorized to establish all licensing and permit requirements of such entities by rule and regulation;"
THURSDAY, MARCH 24, 2016
3823
SECTION 3. Said chapter is further amended by revising Code Section 26-4-43, relating to temporary pharmacy licenses, as follows:
"26-4-43. (a) A temporary license may be issued by the executive director upon the approval of the president of the board if an applicant produces satisfactory evidence of fulfilling the requirements for licensure under this article, except the examination requirement, and evidence of an emergency situation justifying such temporary license. All Except as provided in subsection (b) of this Code section, temporary licenses shall expire at the end of the month during which following the first third board meeting is conducted following after the issuance of such license and may not be reissued or renewed. (b) A temporary license may be issued to a service member, as defined in Code Section 26-4-44.2, for a period of six months. The board shall promulgate rules and regulations to effectuate this subsection. (c) Notwithstanding subsection (a) of this Code section, applicants who have been accepted for a pharmacy resident position in this state may be issued a temporary license if they meet the examination requirement for licensure as specified by the board."
SECTION 4. Said chapter is further amended by revising Code Section 26-4-86, relating to compounding and distribution of drug products, as follows:
"26-4-86. (a) The board shall establish rules and regulations governing the compounding and distribution of drug products by pharmacists, practitioners, and pharmacies licensed or registered by this state. Such rules and regulations shall include provisions ensuring compliance with USP-NF standards.
(b)(1) All drug products compounded and labeled in accordance with board rules regarding pharmaceutical compounding shall be deemed to meet the labeling requirements of Chapter 13 of Title 16 and Chapters 3 and 4 of this title. (2) All drug products compounded by a licensed outsourcing facility shall also be compounded in accordance with applicable current good manufacturing practices established by the federal Food and Drug Administration. (c) In regards to pharmacists compounding nonpatient specific sterile drugs to be provided to practitioners to use in patient care or altering or repackaging such drugs for practitioners to use in patient care in the practitioner's office, such nonpatient specific sterile compounding shall only be conducted by an outsourcing facility and as allowed by applicable federal law and board rule for pharmaceutical compounding using USPNF standards for sterile compounding. Such sterile drugs may be compounded only in quantities determined by board rule following consultation with the Georgia Composite Medical Board. No Schedule II, III, IV, or V controlled substance, as defined in Article 2 of Chapter 13 of Title 16, shall be eligible for such designation. Nothing in this subsection shall be construed to apply to pharmacies owned or operated by institutions
3824
JOURNAL OF THE HOUSE
or to pharmacists or practitioners within or employed by an institution or affiliated entity; provided, however, that pharmacies owned or operated by institutions and pharmacists and practitioners within or employed by institutions or affiliated entities shall remain subject to other requirements, rules, and regulations established by the board and the federal Food and Drug Administration governing the compounding of medication.
(d)(1) Practitioners who may lawfully compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 shall comply with all provisions of this Code section and board rules regarding pharmaceutical compounding. (2) Nothing in this Code section shall be construed to prohibit or interfere with the ability of a practitioner to compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130."
SECTION 5. Said chapter is further amended in Code Section 26-4-113, relating to wholesale distributors, licensing requirements, suspension or revocation of license, and reinstatement, by revising subsection (b) as follows:
"(b) Except where otherwise permitted by law, it shall be unlawful for a any type of manufacturer, wholesale distributor, or a reverse drug distributor, outsourcing facility, or third-party logistics provider to distribute or deliver drugs or devices to or receive drugs or devices from any person or firm in this state not licensed under this chapter; provided, however, that out-of-state firms that conduct intracompany transfers of drugs or devices to and have the same ownership as a licensed firm in this state shall not be required to be licensed in this state pursuant to this chapter; and provided, further, that out-of-state third-party logistics providers that are licensed by their resident state or by the federal Food and Drug Administration shall not be required to obtain a license pursuant to this chapter. Any person who distributes or delivers drugs or devices to or receives drugs or devices from a person or firm not licensed under this chapter shall be subject to a fine to be imposed by the board for each offense in addition to such other disciplinary action the board may take under this chapter. Each such violation shall also constitute a misdemeanor."
SECTION 6. Said chapter is further amended by revising Code Section 26-4-115, relating to wholesale drug distributors, registration, fees, reports of excessive purchases, and penalty for violations, as follows:
"26-4-115. (a) All persons, firms, or corporations, whether located in this state or in any other state, engaged in the business of selling or distributing drugs at wholesale in this state, in the business of supplying drugs to manufacturers, compounders, and processors in this state, or in the business of a reverse drug distributor shall biennially register with the board as a drug wholesaler, distributor, reverse drug distributor, or supplier,
THURSDAY, MARCH 24, 2016
3825
outsourcing facility, or third-party logistics provider; provided, however, that out-ofstate firms that conduct intracompany transfers of drugs to and have the same ownership as a licensed firm in this state shall not be required to register pursuant to this subsection; and provided, further, that out-of-state third-party logistics providers that are licensed by their resident state or by the federal Food and Drug Administration shall not be required to register pursuant to this subsection. The application for registration shall be made on a form to be prescribed and furnished by the board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the executive director. Registration shall be renewed pursuant to the rules and regulations of the board, and a renewal fee prescribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, wholesale distribution, or reverse drug distribution, or outsourcing facility distribution of controlled substances or dangerous drugs as defined in Chapter 13 of Title 16; if the registrant fails to comply with any rule or regulation promulgated by the board; or if any registration or license issued to the registrant under the federal act is suspended or revoked. (b) Every drug wholesaler, distributor, or supplier, or outsourcing facility registered as provided in Chapter 13 of Title 16 or in subsection (a) of this Code section, except reverse drug distributors, shall:
(1) Submit reports, upon request from the Georgia Drugs and Narcotics Agency, to account for all transactions with licensed persons or firms located within this state; such reportable transactions shall include all dangerous drugs and controlled substances as defined in Chapter 13 of Title 16. Such reports shall be submitted to the Georgia Drugs and Narcotics Agency; and (2) Automatically submit reports of any excessive purchases of controlled substances by licensed persons or firms located within this state using the federal Drug Enforcement Administration guidelines to define 'excessive purchases' excessive purchases as set forth under the provisions of 21 C.F.R. Sec. Section 1301. Such reports shall be submitted to the Georgia Drugs and Narcotics Agency.; and
(3)(A) Comply with the requirements of Section 360eee, et seq., of the federal act, relating to drug supply chain security. (B) Each manufacturer of a drug subject to Section 360eee, et seq., of the federal act shall maintain at its corporate offices a current list of the authorized wholesale distributors of such drug.
3826
JOURNAL OF THE HOUSE
(C) The board shall establish rules and regulations relating to drug supply chain security based on the requirements of Section 360eee, et seq., of the federal act which are not inconsistent with, more stringent than, or in addition to any requirements applicable under Section 353(e) or Section 360eee of the federal act or any regulations issued thereunder and which are not inconsistent with any waiver, exception, or exemption pursuant to Section 360eee, et seq., of the federal act or any restrictions specified in Section 360eee-1 of the federal act. (c) The board shall be authorized to promulgate rules and regulations to facilitate compliance with this Code section. Such rules and regulations shall include a requirement that all wholesale drug distributors required to register pursuant to this Code section shall make adequate provision for the return of outdated drugs, both full and partial containers, for up to six months after the labeled expiration date for prompt full credit or replacement; provided, however, that such rules and regulations may also include a list of drugs exempted from the requirements of such provision that have been determined by the board as essential to health care treatment and having an expiration date of less than one year from the date such drug is manufactured. (d) The provisions of subsection (b) of this Code section shall not apply to any wholesaler, manufacturer, distributor, or supplier who that only ships controlled substances directly to a licensed wholesaler within this state. (e) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $25,000.00, or both. (f) Any practitioner who knowingly transfers any controlled substance or dangerous drug as such terms are defined in Chapter 13 of Title 16 by purchasing from or returning to a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $10,000.00, or both."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Broadrick of the 4th moved that the House agree to the Senate substitute to HB 926.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger
N Cooke N Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Y Harden N Harrell Y Hatchett Y Hawkins
Henson
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
THURSDAY, MARCH 24, 2016
3827
N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly N Blackmon
Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cannon N Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman
Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner N Dudgeon N Dukes N Dunahoo
Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves N Rhodes Y Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
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
Taylor, T N Teasley Y 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 Y Williams, A
Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 133, nays 35.
The motion prevailed.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 876. By Representatives Pirkle of the 155th, McCall of the 33rd, England of the 116th, Powell of the 32nd, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, so as to update license and surety requirements of livestock dealers and livestock market operators; to provide for publication of duly licensed dealers and
3828
JOURNAL OF THE HOUSE
operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; to repeal conflicting laws; and for other purposes.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 258. By Senators Millar of the 40th and Albers of the 56th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide that the assessed value of property for a taxable year shall not be increased beyond the initial assessment value established by the board of tax assessors during an appeal of such valuation for such taxable year by the taxpayer but may be reduced as a result of the appeal of the taxpayer; 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: Cowsert of the 46th, Hill of the 4th, and Burke of the 11th.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1004. By Representatives Jasperse of the 11th, Weldon of the 3rd, Powell of the 32nd, Maxwell of the 17th and Ballinger of the 23rd:
A BILL to be entitled an Act to amend Titles 15 and 44 of the O.C.G.A., relating to courts and property, respectively, so as to provide requirements for maps, plats, and plans to be filed for record; to provide for filing of electronic images of maps, plats, and plans; to provide for delivery of plats to the clerk of superior court; to change certain provisions relating to recordation and notations of plats; to provide an effective date; 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:
THURSDAY, MARCH 24, 2016
3829
HB 205. By Representatives Rice of the 95th and Petrea of the 166th:
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 installation of ignition interlock devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Rice of the 95th moved that the House insist on its position in disagreeing to the Senate substitute to HB 205 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 Rice of the 95th, Golick of the 40th and Hightower of the 68th.
HB 904. By Representatives Strickland of the 111th, Shaw of the 176th, Fleming of the 121st, Bryant of the 162nd and Kirby of the 114th:
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 contribution rates and credits; to change certain provisions relating to rate of employer contributions; to extend certain provisions relating to variations in the standard rate; to extend provisions relating to administrative assessments; to reduce the percentage of the administrative assessment to be assessed for a certain period; to provide exceptions; to change certain provisions relating to additional assessments for a new or newly covered employer; to extend the provision relating to automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Strickland of the 111th moved that the House insist on its position in disagreeing to the Senate amendment to HB 904 and that a Committee of Conference be
3830
JOURNAL OF THE HOUSE
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 Strickland of the 111th, Fleming of the 121st and Kelley of the 16th.
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 954. By Representatives Efstration of the 104th, Cooper of the 43rd, Abrams of the 89th, England of the 116th, Trammell of the 132nd and others:
A BILL to be entitled an Act to amend Title 29 of the O.C.G.A., relating to guardian and ward, so as to enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; to provide for a short title; to provide for definitions; to repeal conflicting laws; and for other purposes.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
HB 876. By Representatives Pirkle of the 155th, McCall of the 33rd, England of the 116th, Powell of the 32nd, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, so as to update license and surety requirements of livestock dealers and livestock market operators; to provide for publication of duly licensed dealers and operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; to repeal conflicting laws; and for other purposes.
Representative Pirkle of the 155th moved that the House insist on its position in disagreeing to the Senate substitute to HB 876 and that a Committee of Conference be
THURSDAY, MARCH 24, 2016
3831
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 Pirkle of the 155th, Nimmer of the 178th and Quick of the 117th.
SB 258. By Senators Millar of the 40th and Albers of the 56th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide that the assessed value of property for a taxable year shall not be increased beyond the initial assessment value established by the board of tax assessors during an appeal of such valuation for such taxable year by the taxpayer but may be reduced as a result of the appeal of the taxpayer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Duncan of the 26th moved that the House adhere to its position in insisting on its substitute to SB 258 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Duncan of the 26th, Powell of the 171st and England of the 116th.
The Speaker announced the House in recess until 3:40 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 substitute, by the requisite constitutional majority, the following bill of the House:
3832
JOURNAL OF THE HOUSE
HB 936. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Duncan of the 26th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from income taxes, so as to clarify certain terms in respect to the wages necessary to qualify for a jobs tax credit; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Jones of the 10th, Thompson of the 14th, and Hufstetler of the 52nd.
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 199. By Senators Jeffares of the 17th, Mullis of the 53rd, Jones of the 25th, Dugan of the 30th, Kennedy of the 18th 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 a definition; to prohibit certain activities within close proximity to polling places; 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 960. By Representatives Kelley of the 16th, Sims of the 123rd, Dempsey of the 13th, Harrell of the 106th, Houston of the 170th and others:
THURSDAY, MARCH 24, 2016
3833
A BILL to be entitled an Act to amend Chapter 2 of Title 48 of the O.C.G.A., relating to state administration and collection of revenue, so as to provide for confidentiality of certain tax information; to provide for an interest rate on delinquent payments that adjusts to reflect changes in the prime rate; to adjust the penalties for nonpayment of ad valorem taxes to offset the reduction in interest rate; to make distribution of penalties equitable between taxing jurisdictions; to provide for additional procedures, conditions, and limitations; to provide for notice to political subdivisions upon the filing of certain tax refund requests; to provide for confidentiality of taxpayer information; to provide for automatic transfer to the Georgia Tax Tribunal in certain cases; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1935. By Representatives Lumsden of the 12th, Dempsey of the 13th and Coomer of the 14th:
A RESOLUTION commending Tim Burton, Model High School's 2016 STAR Teacher; and for other purposes.
HR 1936. By Representatives Lumsden of the 12th, Dempsey of the 13th and Coomer of the 14th:
A RESOLUTION commending Mr. Chris Parker, Coosa High School's 2016 STAR Teacher; and for other purposes.
HR 1937. By Representative Glanton of the 75th:
A RESOLUTION recognizing and honoring the Jonesboro High School Mock Trial Team; and for other purposes.
HR 1938. By Representatives Taylor of the 79th, Wilkinson of the 52nd and Willard of the 51st:
A RESOLUTION honoring the life and memory of Dennis Michael Crean; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Allison of the 8th and Rogers of the 29th.
3834
JOURNAL OF THE HOUSE
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 783. By Representatives Broadrick of the 4th, Harden of the 148th, Parrish of the 158th and Hawkins of the 27th:
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 and IV controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for restricted dangerous drugs; to provide for penalties for certain violations relating to restricted dangerous drugs and nonprescription injectable insulin; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
SB 199. By Senators Jeffares of the 17th, Mullis of the 53rd, Jones of the 25th, Dugan of the 30th, Kennedy of the 18th 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 a definition; to prohibit certain activities within close proximity to polling places; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Gravley of the 67th moved that the House insist on its position in substituting SB 199.
The motion prevailed.
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
THURSDAY, MARCH 24, 2016
3835
voluntary acknowledgments of legitimation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Weldon of the 3rd moved that the House adhere to its position in insisting on its substitute to SB 64 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 Weldon of the 3rd, Welch of the 110th and Atwood of the 179th.
HB 959. By Representatives Beskin of the 54th, Dudgeon of the 25th, Coleman of the 97th, Nix of the 69th, Clark of the 101st and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update and clarify certain provisions relating to K-12 education; to revise a provision relating to conflicts of interest of local board of education members; to provide that students who earn certain grades in dual enrollment courses in core subjects are exempt from taking end-of-course assessments for such courses; to authorize the sharing of data for certain program evaluation purposes; to provide for an annual review of tuition for the Georgia Virtual School; to eliminate a restriction on the Office of Student Achievement's authority to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update and clarify certain provisions relating to K-12 education; to revise a provision relating to conflicts of interest of local board of education members; to expand provisions relating to awarding of high school diplomas based on certain dual credit coursework; to provide that students who earn high school diplomas based on postsecondary coursework meet the rigor requirements for HOPE scholarships; to provide that students who earn certain grades in dual enrollment courses in core subjects are exempt from taking end-ofcourse assessments for such courses; to authorize the sharing of data for certain program evaluation purposes; to provide for unique identifiers for students of military personnel;
3836
JOURNAL OF THE HOUSE
to provide for college and career academies as charter schools or as schools within a strategic waivers school system or charter system; to revise a provision relating to the Office of Student Achievement's authority to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-63, relating to prohibiting certain conflicts of interest of board members, by revising paragraph (6) of subsection (a) as follows:
"(6) No local board of education member shall be prohibited from: (A) Making making an inquiry for information on behalf of a constituent if no fee, reward, or other thing of value is promised to, given to, or accepted by the local board of education member or his or her immediate family member in return therefor; (B) Discussing any nonconfidential matters with a constituent; (C) Attending or conducting a town hall meeting; or (D) Discussing any nonconfidential matter with representatives of the media."
SECTION 2. Said title is further amended by revising Code Section 20-2-149.2, relating to awarding of high school diploma for completion of postsecondary programs, as follows:
"20-2-149.2. (a) A local board of education may award a high school diploma to a student enrolled in coursework pursuant to Code Section 20-2-159.5 20-2-161.3 who:
(1) Completes rigorous coursework at a postsecondary institution which meets the requirements in paragraph (7) of Code Section 20-3-519; (2) Has completed at least the following state required ninth and tenth grade level high school courses: 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 unless exempt pursuant to paragraph (2) of subsection (f) of Code Section 20-2-281; (3) Receives a score of admission acceptable on the readiness assessment required by the postsecondary institution; and (4) Completes: (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 or for any industry and job
THURSDAY, MARCH 24, 2016
3837
related skills requisite for a work force need identified by the State Board of the Technical College System of Georgia pursuant to paragraph (2) of subsection (b) of this Code section. (b)(1) The State Board of the Technical College System of Georgia shall annually identify fields of study in which a critical need or shortage of trained personnel exists in the labor markets in this state and provide such information to the State Board of Education. The State Board of Education shall annually provide such information to local school systems for the purpose of emphasizing areas of critical workforce work force needs and shortages in the labor markets in our state to high school students to support their career pathway decisions. (2) The State Board of the Technical College System of Georgia shall consult with Georgia industry associations, the Georgia Department of Labor, and other state recognized strategic work force industries and initiatives to determine the technical college certificate of credit programs that meet the requirements enumerated in division (iii) of paragraph (4) of subsection (a) of this Code section for industry and job related skills requisite for a work force need and ensure that such programs are instructionally rigorous, operate in accordance with industry standards, and provide quality training. (c) 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 establish rules and regulations to implement the provisions of this Code section. (d) A student who meets the requirements of subsection (a) of this Code section shall be deemed to have met all graduation requirements of the State Board of Education and shall not be subject to any assessments otherwise required for purposes of graduation."
SECTION 3. Said title is further amended in Code Section 20-2-157, relating to the uniform reporting system for certain purposes and academic eligibility requirements to receive a HOPE scholarship, by adding a new subsection to read as follows:
"(h) A student who receives a diploma pursuant to Code Section 20-2-149.2 shall be deemed to have met all rigor requirements contained in subsection (e) or (f) of this Code section."
SECTION 4. Said title is further amended by revising subsection (e) of Code Section 20-2-161.2, relating to work based learning programs, as follows:
"(e) A college and career academy established in accordance with Code Section 20-437 which participates in work based learning programs pursuant to this Code section and its charter shall be eligible for any funding or assistance available for the implementation of this Code section."
3838
JOURNAL OF THE HOUSE
SECTION 5. Said title is further amended in Code Section 20-2-161.3, relating to the "Move on When Ready Act," by revising paragraph (3) of subsection (f) as follows:
"(3) A participating eligible high school shall be required 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 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 unless exempt pursuant to paragraph (2) of subsection (f) of Code Section 20-2-281; 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 or for any industry and job related skills requisite for a work force need identified by the State Board of the Technical College System of Georgia pursuant to paragraph (2) of subsection (b) of Code Section 20-2-149.2."
SECTION 6. Said title is further amended by revising paragraph (3) of subsection (e) of Code Section 20-2-210, relating to annual performance evaluations, as follows:
"(3) The department may by agreement share individual data with the Office of Student Achievement for inclusion in the state-wide comprehensive educational information system created pursuant to Code Section 20-2-320 for the purposes of evaluating educational programs and of improving postsecondary educator preparation so long as the office agrees that it will not disclose personally identifiable information about any public school employee."
THURSDAY, MARCH 24, 2016
3839
SECTION 7. Said title is further amended by revising subsections (f) and (j) of Code Section 20-2-281, relating to student assessments, as follows:
"(f)(1) 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, each such student's Individualized Education Program team shall identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act and state board regulations. (2) A student shall be exempt from taking the end-of-course assessment for a core subject course if he or she:
(A) Earns a grade of A, B, or C in a dual credit course pursuant to Code Section 202-149.2 or 20-2-161.3; (B) Earns a 3 or above on an advanced placement examination; or (C) Earns a 4 or above on an international baccalaureate examination." "(j) 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; provided, however, that this shall not apply to students who earn a grade of A, B, or C in a dual credit course pursuant to Code Section 20-2-149.2 or 20-2-161.3, a 3 or above on an advanced placement examination, or a 4 or above on an international baccalaureate examination in a core subject for which an end-of-course assessment is required pursuant to subsection (f) of this Code section."
SECTION 8. Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous provisions under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-324.2. (a) This Code section shall be known and may be cited as the 'Educating Children of Military Families Act.' (b) The Department of Education is authorized to establish a unique identifier for each student:
(1) Whose parent or guardian is an active duty military service member in the armed forces of the United States; and (2) Whose parent is a member of a reserve component of the armed forces of the United States or the National Guard in a manner that will allow for disaggregation of data for each category."
SECTION 9. Said title is further amended by revising paragraph (4) of Code Section 20-2-326, relating to definitions relative to the "Building Resourceful Individuals to Develop Georgia's Economy Act," as follows:
3840
JOURNAL OF THE HOUSE
"(4) 'College and career academy' means a specialized charter school established by as a charter school or pursuant to a contract for a strategic waivers school system or charter system, which formalizes a partnership which that demonstrates a collaboration between business, industry, and community stakeholders to advance workforce work force development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions and approved by the State Board of Education in accordance with Article 31 of this chapter or the State Charter Schools Commission in accordance with Article 31A of this chapter."
SECTION 10. Said title is further amended by revising Code Section 20-4-37, relating to the Office of College and Career Transitions, as follows:
"20-4-37. (a)(1) It is the intent of the General Assembly to: (A) Increase high school graduation rates, potential job opportunities, and educational opportunities that will prepare students for success in college and the workplace; (B) Establish intergovernmental cooperation between postsecondary institutions and local boards of education and collaboration with business, industry, and community stakeholders to aid relevant education programs and in the development and support of new and existing college and career academies in Georgia; (C) Assist in the development of academic and career ready curriculum; (D) Establish and manage support grant opportunities and awards for new and existing college and career academies; (E) Establish a process that allows for college and career academy certification; and (F) Collect and analyze data to evaluate the effectiveness of dual credit and dual enrollment programs, secondary and postsecondary partnerships, and college and career academics. (2) The General Assembly finds that to accomplish these goals, an office should be established to coordinate the efforts of the various education agencies.
(b) As used in this Code section, the term: (1) 'Board' means the State Board of the Technical College System of Georgia. (2) 'Certification' means a formal process established by the Office of College and Career Transitions, and approved by the board, in which college and career academies successfully demonstrate appropriate levels of student achievement, community sustainability, workforce work force development, and school level governance. (3) 'Charter petitioner' means a local board of education, group of local boards of education, private individual, private organization, state or local public entity, or any group of these, that submits a petition for a charter in cooperation with one or more postsecondary institutions which have petitioned to establish a college and career academy as a charter school pursuant to Article 31 or Article 31A of Chapter 2 of this title.
THURSDAY, MARCH 24, 2016
3841
(4) 'Charter school' shall have the same meaning as mean the schools included in paragraph (3) of Code Section 20-2-2062 and as in paragraph (2) (5) of Code Section 20-2-2081. (5) 'College and career academy' means a specialized charter school established by as a charter school or pursuant to a contract for a strategic waivers school system or charter system, which formalizes a partnership which that demonstrates a collaboration between business, industry, and community stakeholders to advance workforce work force development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions and approved by the State Board of Education in accordance with Article 31 of Chapter 2 of this title or the Georgia Charter Schools Commission in accordance with Article 31A of Chapter 2 of this title. A charter school, charter system, or strategic waivers school system contract establishing a college and career academy shall include provisions requiring that the college and career academy have a governing board reflective of the school community and the partnership with decision-making authority and requiring that governing board members complete initial and annual governance training, including, but not limited to, best practices on school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and rules and regulations. (6) 'Office' means the Office of College and Career Transitions established pursuant to subsection (c) of this Code section. (7) 'Postsecondary institution' means a local technical college, community college, university, or other postsecondary institution operating under the authority of the Technical College System of Georgia or the University System of Georgia or other not for profit postsecondary institution accredited by the Southern Association of Colleges and Schools. (8) 'Start-up costs' means initial operating or capital costs, including, but not limited to, costs of improving real property. (9) 'Supplemental funding' means funding for purposes other than start-up costs which are related to the establishment and operation of college and career academies. (c) The Office of College and Career Transitions shall be established within the Technical College System of Georgia to coordinate the efforts by the State Board of Education, the University System of Georgia, the Technical College System of Georgia, and other not for profit postsecondary institutions accredited by the Southern Association of Colleges and Schools in the professional development, curriculum support, and development and establishment of college and career academies. (d) The board shall be authorized to allocate funds, including state funds, federal funds, proceeds of general obligation debt, or any other available funds, for a particular purpose for college and career academies for start-up costs or for other purposes related to the establishment and operation of such academies by a grant consideration process. (e) A charter petitioner for a college and career academy that has submitted for approval or that has drafted for submission for approval a charter petition for a college
3842
JOURNAL OF THE HOUSE
and career academy or a local school system that is proposing a college and career academy as part of a contract to be a strategic waivers school system or charter system shall be authorized to submit to the board an application for start-up funds for a such college and career academy. The board shall approve applications for start-up funds for college and career academies that meet the criteria and requirements established pursuant to subsections (i) and (j) of this Code section. As part of such funding application process, the office shall consider charter applications for college and career academies in cooperation with the Office of Charter School Compliance and consider proposed college and career academies as part of contracts to be strategic waivers school systems or charter systems and make recommendations to the State Board of Education for the approval, denial, and renewal of college and career academy charter petitions or proposed college and career academies within strategic waivers school systems or charter systems and specify the reasons for such recommendations. The State Board of Education should shall consider such a recommendation from the office prior to approving or denying a charter petition for a college and career academy or a proposal for a college and career academy as part of a contract to be a strategic waivers school system or charter system. Funds shall not be released to an approved applicant unless the charter petition is approved by the State Board of Education pursuant to Article 31 of Chapter 2 of this title or the Georgia Charter Schools Commission in accordance with Article 31A of Chapter 2 of this title or unless the contract for a strategic waivers school system or charter system which is proposing a college and career academy has been approved. (f) The board shall be authorized to disburse supplemental funding to existing or new college and career academies which demonstrate a need for such funding.
(g)(1) The office shall establish a certification process, in collaboration with the Department of Education, for approval by the board. The office shall be authorized to certify college and career academies. The State Board of Education shall accept certification by the office as one component of determining compliance with charter and strategic waivers school system or charter system contract requirements. The State Board of Education may request supplemental information from charter petitioners, strategic waivers school systems, or charter systems. (2) Any certification process established pursuant to paragraph (1) of this subsection must shall require that the applicant demonstrates how the proposed college and career academy will increase student achievement, provide for dual credit and dual enrollment opportunities, increase work based learning opportunities, and address workforce work force development needs; articulates how the collaboration between business, industry, and community stakeholders will advance workforce work force development; demonstrates local governance and autonomy; and shows other benefits that meet the needs of the students and community. (3) Certification by the office shall constitute a positive recommendation to the State Board of Education for renewal of a charter school or charter system pursuant to Code Section 20-2-2064.1 or an extension of a strategic waivers school system contract pursuant to Article 4 of Chapter 2 of this title.
THURSDAY, MARCH 24, 2016
3843
(h) The office shall be responsible for collecting and analyzing appropriate data from and about college and career academies on matters consisting of but not limited to college and career academy effectiveness. Collecting and reporting of data shall be in coordination with the Office of Charter School Compliance. (i) The board shall establish eligibility criteria, requirements, and procedures for the disbursement of funding to college and career academies pursuant to this Code section. Such criteria, requirements, and procedures shall consider the strength of the proposed cooperative arrangements between the local board of education, the group of local boards of education, a private individual, a private organization, or a state or local public entity and one or more postsecondary institutions and must include active support from and a partnership with local business and community leaders for the college and career academy. The board may establish a matching requirement for recipients of funds under this Code section. (j) A college and career academy receiving funds pursuant to this Code section shall submit an annual report to the board regarding the performance of such academy and the expenditure of funds received pursuant to this Code section. The report shall include, but not be limited to, academic data, financial statements, an evaluation of the progress relative to relationships between and among the business, industry, and community stakeholders, and any other information requested by the board to demonstrate the yearly progress or effectiveness of the college and career academy. (k) Representatives from business, industry, civic, and governmental agencies and educational organizations which are designated by the commissioner of the Technical College System of Georgia shall advise the board on matters pertaining to both the certification and governance of college and career academies."
SECTION 11. Said title is further amended by revising subsection (b) of Code Section 20-14-26.1, relating to authority of the Office of Student Achievement to incorporate a nonprofit corporation as a public foundation, as follows:
"(b) Any nonprofit corporation created pursuant to this Code section shall be subject to the following provisions:
(1) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation; (2) Upon dissolution of any such nonprofit corporation incorporated by the office, any assets shall revert to the office or to any successor to the office or, failing such succession, to the State of Georgia; (3) As used in this paragraph, the term 'direct employee costs' means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the office; (4) Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records;
3844
JOURNAL OF THE HOUSE
(5) The office shall not be liable for the action or omission to act of any such nonprofit corporation; and (6) No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and (7) Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange purchase, condemn, or exchange real property but may receive and accept real property by gift, devise, or court order; provided, however, that the nonprofit corporation shall not hold, use, administer, or maintain any such real property received or accepted by gift, devise, or court order but shall liquidate such property within a reasonable time."
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
Representative Beskin of the 54th moved that the House agree to the Senate substitute to HB 959.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon
Y Cooke E 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 E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming Y Floyd
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd
Kirby Y Knight
Y Metze Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett E Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
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 E 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
Welch
THURSDAY, MARCH 24, 2016
3845
Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin N Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Rhodes Rice
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 motion, the ayes were 159, nays 1.
The motion prevailed.
HB 987. By Representatives McCall of the 33rd and Powell of the 171st:
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 Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, so as to provide a clarification of an existing exception to a breach of covenant for bona fide conservation use property; to provide for a new exception to a breach of covenant for bona fide conservation use property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, is amended by revising subsection (o) and by revising subsection (p) 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:
3846
JOURNAL OF THE HOUSE
"(o) The transfer of a part of the property subject to a covenant for a bona fide conservation use shall not constitute a breach of a covenant if:
(1) The part of the property so transferred is used for single-family residential purposes, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied within 24 months from the date of the start by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and (2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres; and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period." "(10) Allowing all or part of the property subject to the covenant to be used to host a not for profit rodeo event to which spectator admission and participant entry fees are charged in an amount that in aggregate does not exceed the cost of hosting such event."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative McCall of the 33rd moved that the House agree to the Senate substitute to HB 987.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Alexander
Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce
Y Cooke E 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 E Duncan Y Ealum Y Efstration
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 Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Y Metze Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price 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 E Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M.
THURSDAY, MARCH 24, 2016
3847
E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ehrhart Y England Y Epps Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kaiser E Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
E Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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 N 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 motion, the ayes were 160, nays 2.
The motion prevailed.
Representative Ramsey of the 72nd assumed the chair.
HB 976. By Representatives Hitchens of the 161st, Willard of the 51st, Powell of the 32nd, Caldwell of the 131st, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to provide for minimum retention periods for video recordings from law enforcement surveillance devices, law enforcement body-worn devices, or devices located on or inside of a law enforcement vehicle; to provide for a definition; to provide for exceptions; to provide for presumptions, civil liability, and fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 976 (LC 41 0767S) by replacing "$12.00" with "$10.00" on line 56.
Pursuant to Rule 133, Representative Stover of the 71st was excused from voting on HB 976.
Representative Hitchens of the 161st moved that the House agree to the Senate amendment to HB 976.
3848
JOURNAL OF THE HOUSE
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Alexander
Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Metze Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett E Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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
Stover E 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
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 163, nays 0.
The motion prevailed.
HB 364. By Representatives Knight of the 130th, Harbin of the 122nd, Harrell of the 106th, Stephens of the 164th, Powell of the 171st and others:
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.
THURSDAY, MARCH 24, 2016
3849
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise and change certain provisions regarding the approval of tax digests by the commissioner; to impose sanctions for including nontaxable properties on the tax digests; to provide for procedures, conditions, and limitations; to provide for refunds of taxes improperly collected; to amend Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, so as to provide for additional jurisdiction for the Georgia Tax Tribunal; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-342, relating to the review of county tax digests by the Commissioner of Revenue, by adding a new subsection to read as follows:
"(e)(1) The commissioner may, upon his or her own initiative or upon complaint by a taxpayer, examine the itemizations of properties appearing on the digest, and if in the judgment of the commissioner any properties are illegally appearing on the digest and should not be subject to taxation under this chapter, the commissioner shall strike such items from the digest and return the digest to the county for removal of such items and resubmission to the commissioner. The commissioner shall provide by rule and regulation procedures by which the county board of tax assessors may appeal such finding to the commissioner. If appealed by the board of tax assessors, the commissioner shall, after reviewing such appeal, issue a final order and include a finding as to the taxability of the digest items in dispute and shall finalize the digest in accordance therewith. (2) If a property has been found by the commissioner to not be subject to taxation under this chapter and again appears on the digest at any time within five years of the initial determination of nontaxability and is again determined to be nontaxable, the commissioner shall strike such item from the digest and return the digest to the county for removal of such item and resubmission to the commissioner. The commissioner shall notify the Department of Community Affairs in writing of his or her finding and, upon receipt of such notice, the qualified local government status of such county shall be revoked for a period of three years following the receipt of such notice by the Department of Community Affairs unless reinstated earlier pursuant to this subsection. Upon such revocation, the governing authority of such county, without regard to any limitation of Code Section 48-5-295, shall be specifically authorized to
3850
JOURNAL OF THE HOUSE
remove immediately every member of the board of tax assessors and reappoint new members who shall serve for the unexpired terms of the removed members. The county governing authority shall provide written notification of such removal and new appointment to the commissioner. Upon certification of the corrected digest, the commissioner shall notify in writing the Department of Community Affairs, and upon receipt thereof, the Department of Community Affairs shall immediately reinstate the qualified local government status of such county. (3) If a property has been found by the commissioner to not be subject to taxation under this chapter and if such nontaxable property has appeared on a county digest in any year within the preceding five-year period, then the taxpayer shall be entitled to file a petition directly with the Georgia Tax Tribunal for a refund of all such taxes illegally collected or taxes paid, interest equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical release H. 15 or any publication that may supersede it plus 3 percent calculated from the date of payment of such taxes, and attorney's fees in an amount of not less than 15 percent nor more than 40 percent of the total of the illegally charged taxes and accrued interest. Such petition shall name the board of tax assessors and the tax receiver or tax commissioner of the county as the respondent in their official capacities and shall be served upon such board and tax receiver or tax commissioner. Service shall be accomplished by certified mail or statutory overnight delivery. The petition shall include a summary statement of facts and law upon which the petitioner relies in seeking the requested relief. The respondents shall file a response to the petitioner's statement of facts and law which constitutes their answer with the tribunal no later than 30 days after the service of the petition. The respondents shall serve a copy of their response on the petitioner's representative or, if the petitioner is not represented, on the petitioner and shall file a certificate of service with such response. If in any case a response has not been filed within the time required by this paragraph, the case shall automatically become in default unless the time for filing the response has been extended by agreement of the parties, for a period not to exceed 30 days, or by the judge of the tribunal. The default may be opened as a matter of right by the filing of a response within 15 days of the day of the default and payment of costs. At any time before the final judgment, the judge of the tribunal, in his or her discretion, may allow the default to be opened for providential cause that prevented the filing of the response, for excusable neglect, or when the tribunal judge, from all the facts, determines that a proper case has been made for the default to be opened on terms to be fixed by the tribunal judge. The tribunal judge shall proceed to hear and decide the matter and may grant appropriate relief under the law and facts presented."
SECTION 2. Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, is amended in Code Section 50-13A-9, relating to petitions for relief, jurisdiction, and bonds, by adding a new subsection to read as follows:
THURSDAY, MARCH 24, 2016
3851
"(e) The tribunal shall also have jurisdiction over refund petitions filed pursuant to Code Section 48-5-342."
SECTION 3. This Act shall become effective on July 1, 2016.
SECTION 4. 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 364.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Alexander Allison
Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Metze Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett E Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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
Williams, E Y Williamson
Yates Ralston, Speaker
3852
JOURNAL OF THE HOUSE
On the motion, the ayes were 163, nays 0.
The motion prevailed.
The Speaker assumed the Chair.
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 Senate substitute was read:
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 (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."
THURSDAY, MARCH 24, 2016
3853
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, 2016, 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.
Representative Benton of the 31st moved that the House agree to the Senate substitute to HB 51.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Alexander
N Allison Y Atwood Y Ballinger Y Barr
Y Cooke E Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Y Metze 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
3854
JOURNAL OF THE HOUSE
Y Battles Y Beasley-Teague
Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dempsey Dickerson
Y Dickey Y Dickson Y Dollar
Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby
Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold E Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett E Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E 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 E Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 157, nays 4.
The motion prevailed.
HB 54. By Representatives Waites of the 60th, Powell of the 32nd, Scott of the 76th, Jones of the 53rd and Fludd of the 64th:
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.
THURSDAY, MARCH 24, 2016
3855
The following Senate amendment was read:
The Senate moves to amend HB 54 (LC 40 1085S) by inserting ''paramedics,'' after "firefighters," on line 5.
By replacing line 19 with the following: commissioner, offering the taxpayer the opportunity to make a charitable contribution to the Georgia Student
By inserting ''paramedics,'' after "firefighters," on lines 21 and 38.
By replacing line 29 with the following: Each taxpayer required to file a state income tax return who desires to make a charitable contribution to the
By replacing line 36 with the following: identification cards, offer individuals the opportunity to make a voluntary charitable contribution of $1.00, $5.00, or $10.00 to
By replacing lines 41 and 42 with the following: Transportation who were permanently disabled or killed in the line of duty. The form
By replacing line 44 with the following: Each individual who desires to make a charitable contribution may designate such contribution on the
By replacing line 48 with the following: charitable contribution program, and shall transmit the balance to the Georgia Student Finance
By replacing line 51 with the following: for collecting charitable contributions pursuant to this subsection exceed the sum of such
Representative Waites of the 60th moved that the House agree to the Senate amendment to HB 54.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr
Y Cooke E Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Y Metze Y Mitchell
Morris Y Mosby E Nimmer Y Nix
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
3856
JOURNAL OF THE HOUSE
Battles Y Beasley-Teague
Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dempsey Y Dickerson Y Dickey
Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett E Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover E 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 E Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 163, nays 0.
The motion prevailed.
HB 1060. By Representatives Jasperse of the 11th, Meadows of the 5th, Powell of the 32nd, Ballinger of the 23rd, Hightower of the 68th and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to carrying and possession of firearms; to amend Article 3 of Chapter 5 of Title 17 of the O.C.G.A., relating to disposition of property seized; to amend Code Section 35-3-34 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System; to amend Chapter 1 of Title 51 of the O.C.G.A., relating to general provisions regarding torts; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 24, 2016
3857
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to prohibit the discriminatory refusal to provide credit or financial services to those persons engaged in the lawful commerce of firearms or ammunition products; to provide for a short title; to provide definitions; to provide for civil causes of action; to provide for action by the Attorney General; to amend Code Section 15-9-123 of the Official Code of Georgia Annotated, relating to appeal, so as to provide that appeals regarding petitions for relief pursuant to Code Section 35-3-34 from probate courts as provided for under Article 6 of Chapter 9 of Title 15 shall be by de novo review to the superior courts; 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 permit certain new residents to carry a weapon in this state for a limited time without a weapons carry license; to provide for definitions; to provide an exception for a license holder carrying in a place of worship; to revise provisions relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school; to allow the judge of the probate court to provide for printed information on gun safety; to provide for the maintenance of gun safety information on the website of the Department of Natural Resources; to revise and clarify the determinations to be made and the procedures to be followed by law enforcement agencies and the judge of the probate court in the issuance of a weapons carry license; to provide for replacement weapons carry licenses for persons who have a legal name change or address change; to clarify that certain active and retired law enforcement officers shall be authorized to carry a handgun on or off duty anywhere within this state; to authorize certain retired law enforcement officers to carry a handgun anywhere within this state; to revise carrying by certain persons with a courthouse; to clarify the meaning of commercial service airport relative to the carrying of a weapon or long gun; to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to allow for the preservation of a person's involuntary hospitalization information received by the Georgia Crime Information Center; to correct references; to provide for exceptions; to provide for a judicial procedure for purging a person's involuntary hospitalization information received by the Georgia Crime Information Center; 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 of firearm instructors; to provide for related matters; to repeal conflicting laws; and for other purposes.
3858
JOURNAL OF THE HOUSE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, is amended by adding a new part to read as follows:
"Part 7
10-1-439. This part shall be known and may be cited as the 'Georgia Firearms Industry Nondiscrimination Act.'
10-1-439.1. As used in this part, the term:
(1) 'Financial services' means any service or product offered to the consumer or business market by a bank, trust company, credit union as defined by Code Section 71-4, any merchant acquirer limited purpose bank as defined in paragraph (7) of Code Section 7-9-2, or a federally chartered banking institution that accepts state deposits. (2) 'Person' means one or more individuals, partnerships, associations, limited liability companies, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, and public corporations and the State of Georgia and all political subdivisions and agencies thereof. Such term shall include federally chartered banking institutions that accept state deposits. (3) 'Trade association' means any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual; that is an organization described in Section 501(c)(6) of Title 26 of the United States Code and exempt from tax under Section 501(a) of such title; and two or more members of which are manufacturers or sellers of a qualified product as defined by Section 7903(4) of Title 15 of the United States Code.
10-1-439.2. Unless otherwise precluded by law, regulation, or membership eligibility, it shall be an unlawful discriminatory practice for any person to refuse to provide financial services of any kind to, to refrain from continuing to provide existing financial services to, to terminate existing financial services with, or to otherwise discriminate in the provision of financial services against a person or trade association solely because such person or trade association is engaged in the lawful commerce of firearms or ammunition products and is licensed pursuant to Chapter 44 of Title 18 of the United States Code or is a trade association.
THURSDAY, MARCH 24, 2016
3859
10-1-439.3. Whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this part, the Attorney General shall, upon written request or by his or her own initiative, investigate and, upon finding a probable violation of this part, bring an action in the name of the state against such person:
(1) To obtain a declaratory judgment that the act or practice violates the provisions of this part; (2) To enjoin any act or practice that violates the provisions of this part by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; and (3) To recover civil penalties of up to $10,000.00 per violation of this part or any injunction, judgment, or consent order issued or entered into under the provisions of this chapter and reasonable expenses, investigative costs, and attorney's fees.
10-1-439.4. The provisions of this part shall not apply to any bank, trust company, credit union, or merchant acquirer limited purpose bank that is chartered under the laws of this state or any other state to the extent that federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this part to any federally chartered bank, trust company, credit union, or merchant acquirer limited purpose bank."
SECTION 2. Code Section 15-9-123 of the Official Code of Georgia Annotated, relating to appeal, is amended by revising subsection (a) as follows:
"(a) Except as provided for in Code Section 35-3-34, either Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals, as provided by Chapter 6 of Title 5."
SECTION 3. Said part is further amended by revising subsections (e) and (f) of Code Section 16-11126, relating to having or carrying handguns, long guns, or other weapons, license requirement, exceptions for homes, motor vehicles, private property, and other locations and conditions, as follows:
"(e)(1) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state. (2) Any person who is not a weapons carry license holder in this state and who is licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a
3860
JOURNAL OF THE HOUSE
weapon in this state for 90 days after he or she becomes a resident of this state; provided, however, that such person shall carry the weapon in compliance with the laws of this state, shall as soon as practicable submit a weapons carry license application as provided for under Code Section 16-11-129, and shall remain licensed in such other state for the duration of time that he or she is a resident of this state but not a weapons carry license holder in this state. (f)(1) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun weapon or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting. (2) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is otherwise engaged in legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by this state may have or carry on his or her person a knife without a valid weapons carry license while engaging in such hunting, fishing, or sport shooting."
SECTION 4. Said part is further amended by revising paragraph (2) of subsection (e) of Code Section 16-11-127, relating to carrying weapons in unauthorized locations, as follows:
"(2) Any license holder who violates subsection (b) of this Code section in a place of worship shall not be arrested but shall be fined not more than $100.00; provided, however, that a license holder shall not be in violation of subsection (b) or (c) of this Code section if such license holder immediately leaves such place of worship while carrying a weapon or long gun upon personal notification by such place of worship that he or she is carrying a weapon or long gun in a place of worship which does not permit the carrying of a weapon or long gun. Any person who is not a license holder who violates subsection (b) of this Code section in a place of worship shall be punished as for a misdemeanor."
SECTION 5. Said part is further amended by revising paragraph (5) 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 Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is
THURSDAY, MARCH 24, 2016
3861
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; (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 (G) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof; provided, however, that this Code section shall not apply to any extent to persons who are provided for under Code Section 16-11-130;"
SECTION 6. Said part is further amended in Code Section 16-11-129, relating to weapons carry permit, temporary renewal permit, and terms, by adding a new subsection, by revising paragraph (4) of subsection (d) and paragraph (2) of subsection (e), and by adding a new paragraph to subsection (e) to read as follows:
"(a.1) Gun safety information. (1) Upon receipt of an application for a weapons carry license or renewal license, the judge of the probate court may provide applicants printed information on gun safety that is produced by any person or organization that, in the discretion of the judge of the probate court, offers practical advice for gun safety. The source of such printed information shall be prominently displayed on such printed information. (2) The Department of Natural Resources shall maintain on its principal, public website information, or a hyperlink to information, which provides resources for information on hunter education and classes and courses in this state that render instruction in gun safety. No person shall be required to take such classes or courses for purposes of this Code section where such information shall be provided solely for the convenience of the citizens of this state. (3) Neither the judge of the probate court nor the Department of Natural Resources shall be liable to any person for personal injuries or damage to property arising from conformance to this Code section." "(4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral
3862
JOURNAL OF THE HOUSE
character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. The judge of the probate court shall not suspend the processing of the application or extend, delay, or avoid any time requirements provided for under this paragraph." "(2) If a person is convicted of any crime or involved in any matter otherwise adjudicated in a 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." "(4) Any person, upon petition to the judge of the probate court, who has a weapons carry license or renewal license with more than 90 days remaining before the expiration of such weapons carry license or renewal license and who has had a legal name change, including, but not limited to, on account of marriage or divorce, or an address change shall be issued a replacement weapons carry license for the same time period of the weapons carry license or renewal license being replaced. Upon issuance and receipt of such replacement weapons carry license, the license holder shall surrender the weapons carry license being replaced to the judge of the probate court and such judge shall take custody of and destroy the weapons carry license being replaced. The judge of the probate court shall provide for the updating of any records as necessary to account for the license holder's change of name or address. The judge of the probate court shall charge the fee specified in paragraph (13) of subsection (k) of Code Section 15-9-60 for services provided under this paragraph."
SECTION 7. Said part is further amended in Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, by revising the introductory language of subsection (a), subsections (b) and (c), and by adding a new subsection to read as follows:
"(a) Except to the extent provided for in subsection (c.1) of this Code section, Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any of the
THURSDAY, MARCH 24, 2016
3863
following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:" "(b) Except to the extent provided for in subsection (c.1) of this Code section, 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 Community Supervision were community supervision officers, when specifically designated and authorized in writing by the commissioner of community supervision. (c) Except to the extent provided for in subsection (c.1) of this Code section, Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any:
(1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer; (2) Member of the Georgia State Patrol, or agent of the Georgia Bureau of Investigation, or retired member of the Georgia State Patrol, or retired agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that who is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that who formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that who was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that who is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that who was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee police officer is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or
3864
JOURNAL OF THE HOUSE
(5) Person who is a citizen of this state and: (A) Has retired with at least ten years of aggregate service as a law enforcement officer with powers of arrest under the laws of any state of the United States or of the United States; (B) Separated from service in good standing, as determined by criteria established by the Georgia Peace Officer Standards and Training Council, from employment with his or her most recent law enforcement agency; and (C) Possesses on his or her person an identification card for retired law enforcement officers as issued by the Georgia Peace Officer Standards and Training Council; provided, however, that such person meets the standards for the issuance of such card as provided for by the council, including, but not limited to, maintenance of qualification in firearms training.
In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, member of the Georgia State Patrol, retired member of the Georgia State Patrol, agent of the Georgia Bureau of Investigation, retired agent of the Georgia Bureau of Investigation, active or retired law enforcement chief executive, person who is a retired law enforcement officer as provided for in paragraph (5) of this subsection, or other law enforcement officer referred to in this subsection shall be authorized to carry a handgun on or off duty anywhere within the this state, including, but not limited to, in a courthouse except to the extent provided for in subsection (c.1) of this Code section, and the provisions of Code Sections 16-11-126 through 16-11-127.2 shall not apply to the carrying of such firearms.
(c.1)(1)(A) Pursuant to a comprehensive plan for the security of the county courthouse and any courthouse annex as provided for in subsection (a) of Code Section 15-16-10, the sheriff with jurisdiction over such county courthouse or courthouse annex may provide for facilities or the means for the holding of weapons carried by persons enumerated under this Code section, except as provided for in paragraph (2) of this subsection; provided, however, that ingress to such courthouse or courthouse annex is actively restricted or screened by the sheriff or his or her deputy sheriffs, and such facilities or means are located near the area which is restricted or screened by the sheriff or his or her deputy sheriffs. (B) If the requirements of this paragraph are met, the persons enumerated under this Code section shall, except as provided for in paragraph (2) of this subsection, upon request of the sheriff, place their weapons in such holding with the sheriff or his or her deputy sheriffs pursuant to the comprehensive plan while such persons are within the restricted or screened area. Upon request of any person enumerated under this Code section, in preparation for his or her exit from the restricted or screened area, the sheriff or his or her deputy sheriffs shall immediately provide for the return of the person's weapons which are in holding. (2) Notwithstanding a comprehensive plan for the security of the county courthouse and any courthouse annex as provided for in subsection (a) of Code Section 15-16-10, active law enforcement officers referred to in subsection (c) of this Code section shall be authorized in the performance of their duties to carry handguns in a level 3 holster
THURSDAY, MARCH 24, 2016
3865
in any courthouse or courthouse annex if they are wearing the Class A uniform of their law enforcement agency or have the official badge issued to them by their law enforcement agency displayed and plainly visible on their person. (3) As used in this subsection, the term 'weapon' shall have the same meaning as provided for in Code Section 16-11-125.1; provided, however, that such term shall additionally mean any firearm."
SECTION 8. Said part is further amended by adding a new subsection to Code Section 16-11-130.2, relating to carrying a weapon or long gun at a commercial service airport, to read as follows:
"(a.1) As used in this Code section, the term: (1) 'Commercial service airport' means an airport that receives scheduled passenger aircraft service from any major airline carrier. (2) 'Major airline carrier' means an airline that has more than $1 billion in annual operating revenue during a fiscal year."
SECTION 9. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, is amended by revising paragraph (2) of subsection (e) as follows:
"(2)(A) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-172, the Georgia Crime Information Center shall be provided such information and no other mental health information from the involuntary hospitalization records of the probate courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by the Probate Judges Training Council The Council of Probate Court Judges of Georgia and the Georgia Bureau of Investigation to preserve the confidentiality of patients' rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-172, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime, has been involuntarily hospitalized, or both from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the Georgia Bureau of Investigation to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records
3866
JOURNAL OF THE HOUSE
of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period Pursuant to this Code section, such person may petition the court in which such hospitalization proceedings occurred for relief. A copy of such petition for relief shall be served as notice upon the opposing civil party or the prosecuting attorney for the state, as the case may be, or their successors, who appeared in the underlying case. Within 60 days of the receipt of such petition for relief by the interested parties, such court shall hold a hearing on such petition for relief; provided, however, that such time may be extended for good cause as determined by the court. Such prosecuting attorney for the state may represent the interests of the state at such hearing. (B) At the hearing provided for under subparagraph (A) of this paragraph, the court shall receive and consider evidence in a proceeding concerning:
(i) The circumstances which caused the person to be subject to such hospitalization; (ii) The person's mental health and criminal history records, if any. The judge of such court shall require any such person to sign a waiver authorizing the superintendent or medical head of any mental hospital or treatment center to make to the judge and the parties a recommendation regarding whether such person is a threat to the safety of himself or herself or others; (iii) The person's reputation, which shall be established through character witness statements, testimony, or other character evidence; and (iv) Changes in the person's condition or circumstances since such hospitalization. (C)(i) The court shall issue a written order of its decision on the petition for relief provided for under subparagraph (A) of this paragraph no later than 30 days after the hearing. (ii) The court shall grant the petition for relief if such court finds by a preponderance of the evidence that the person will not likely act in a manner dangerous to himself or herself or public safety and that granting the relief is otherwise consistent with the standards for the issuance of a weapons carry license as provided for in subsection (b.1) of Code Section 16-11-129. A record shall be kept of the hearing; provided, however, that such record shall remain confidential and be disclosed only to a court or to the parties in the event of an appeal. Any appeal of the court's ruling on the petition shall be as provided for by laws governing the appeal of decisions from such court; provided, however, that any such appeal from a probate court as provided for under Article 6 of Chapter 9 of Title 15 shall be by de novo review to the superior court. (iii) If the court grants such person's petition for relief, the clerk of such court shall report such order to the Georgia Crime Information Center immediately, but in no case later than ten business days after the date of such order, and the center shall purge such record that is the subject of the order as soon as practicable but not later than 30 days after receipt of such order. (D) A person may petition for relief under this paragraph not more than once every two years. In the case of a person who has been hospitalized, such person shall not
THURSDAY, MARCH 24, 2016
3867
petition for relief prior to being discharged from such hospitalization. A first petition for relief may be made only after 12 months from the date on which a person's involuntary hospitalization commenced. (E) Information received by the prosecuting attorney for the state pursuant to this paragraph shall not be used against the petitioner in any other case or context unless such information is usable in such other case or context by other rules of evidence or discovery."
SECTION 10.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section to read as follows:
"51-1-55. (a) As used in this Code section, the term:
(1) 'Dangerous weapon' shall have the same meaning as provided for under Code Section 16-11-121. (2) 'Firearm' means any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge and which is not a dangerous weapon. (b) Any instructor who lawfully instructs, educates, or trains a person in the safe, proper, or technical use of a firearm shall be immune from civil liability for any injuries caused by the failure of such person to use such firearm properly or lawfully."
SECTION 11. 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 1060.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison
Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton N Bennett, K N Bennett, T N Bentley Y Benton
Beskin N Beverly Y Blackmon Y Broadrick
Y Cooke E Coomer
Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo E Duncan
Y Harden Harrell
Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L
N Metze N Mitchell Y Morris N Mosby E Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price
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 E Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T
3868
JOURNAL OF THE HOUSE
Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan N Glanton Y Golick N Gordon Y Gravley Y Greene
N Jones, S N Jordan N Kaiser E Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
N Prince Y Pruett E Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson
Welch Weldon Y Werkheiser N Wilkerson N Wilkinson N Willard N Williams, A Y Williams, C N Williams, E E Williamson Y Yates Ralston, Speaker
On the motion, the ayes were 101, nays 60.
The motion prevailed.
HB 1070. By Representatives Dempsey of the 13th, Houston of the 170th, Willard of the 51st, Thomas of the 39th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to permit the department to use certain information in the department's records concerning the adopted child's biological parents; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
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 permit the department to use certain information in the department's records concerning the adopted child's biological parents; to provide for the creation, authorization, procedure, revocation, recision, and termination of a power of attorney from a parent, guardian, or legal custodian of a child to a kinship caregiver for the temporary delegation of certain power and authority for the care and custody of a child; to provide a short title; to provide for and correct a definition; to provide for procedure; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 24, 2016
3869
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-8-23, relating to where records of adoption are kept, examination by parties and attorneys, and use of information by agency and department, by adding a new subsection to read as follows:
"(b.1) The department may, in its sole discretion, make use of any information contained in the records of the department concerning an adopted child and the adopted child's biological parents in connection with the placement of another child in the home of the adoptive parents of the child or in connection with the investigation of a report of child abuse or neglect made concerning the adopted child's biological parents."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Representative Dempsey of the 13th moved that the House agree to the Senate substitute to HB 1070.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell
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 E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
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 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 Metze Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake
Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett E 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 Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon
3870
JOURNAL OF THE HOUSE
Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rice 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 E Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 170, nays 0.
The motion prevailed.
HB 1030. By Representatives Watson of the 172nd, Houston of the 170th, England of the 116th, Corbett of the 174th and LaRiccia of the 169th:
A BILL to be entitled an Act to amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its membership; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its membership; 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 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, is amended by revising Code Section 2-4-3, relating to the Georgia Seed Development Commission and its composition, officers, bylaws, quorum, compensation, records, audits, and bonds, as follows:
"2-4-3. (a) As used in this Code section, the term 'licensee' means the designee of a holder of a license authorizing the production, conditioning, propagation, or marketing of crops, seed, turfgrass, or horticultural plants developed by the College of Agricultural and
THURSDAY, MARCH 24, 2016
3871
Environmental Sciences of the University of Georgia, where such license grants rights to intellectual property owned by the University of Georgia or a formally designated cooperative organization thereof. (a)(b) The commission shall be composed of the following 11 members:
(1) Two members to be appointed by the Governor, each of whom shall be a farmer who grows crops or turf licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants; (2) One member who shall be a farmer who grows crops or turf licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Lieutenant Governor; (3) One member who shall be a farmer who grows crops or turf licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Speaker of the House of Representatives; (4) The Commissioner of Agriculture; (5) Two representatives of the crop, seed or turf industries, turfgrass, or horticultural plant industry or of farm related organizations, one of whom shall be appointed by the Senate Agriculture and Consumer Affairs Committee, and one of whom shall be appointed by the House Committee on Agriculture and Consumer Affairs. Such representatives shall be licensees or shall otherwise have knowledge of the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants. Each committee shall make its appointment with a quorum present and a majority of those present concurring; (6) One member who shall be a farmer who grows crops or turf licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Commissioner of Agriculture; (7) The dean of the College of Agricultural and Environmental Sciences of the University of Georgia; (8) A seed breeder employed by the College of Agricultural and Environmental Sciences of the University of Georgia, to be appointed by the dean of the College of Agricultural and Environmental Sciences of the University of Georgia; and (9)(8) The associate dean for research of the College of Agricultural and Environmental Sciences of the University of Georgia, as a nonvoting member; and (9) An additional nonvoting member who is a crop, seed, turfgrass, or horticultural plant breeder employed by the College of Agricultural and Environmental Sciences of the University of Georgia, appointed by the dean of the College of Agricultural and Environmental Sciences of the University of Georgia, after consultation with the commission. (b)(c) The members of the commission shall enter upon their duties without further act or formality. The commission shall organize each even-numbered year at the meeting next following July 1 of such year, at which time the commission shall elect one of its members as chairperson and another as vice chairperson. It shall also elect a secretary and a treasurer, who need not be members. The offices of secretary and treasurer may
3872
JOURNAL OF THE HOUSE
be combined in one person. The commission may make such bylaws for its government as it deems necessary but is under no duty to do so. (c) Six (d) Five voting members of the commission shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the commission by this chapter. No vacancy on the commission shall impair the right of a quorum to transact any and all business of the commission. (d)(e) The members shall not receive compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. (e)(f) Members of the commission shall be accountable as trustees. They shall cause adequate books and records of all transactions of the commission, including records of income and disbursements of every nature, to be kept. The books and records shall be inspected and audited by the state auditor at least once in each year. The commission may require that an employee, an officer, member of the commission, or any person doing business with the commission post a bond, in an amount to be determined by the commission, for the faithful performance of the duties imposed upon such employee, officer, member of the commission, or person doing business with the commission. The principal of such bond of an officer, employee, or member of the commission shall be paid by the commission."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Watson of the 172nd moved that the House agree to the Senate substitute to HB 1030.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce
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 E Duncan Y Ealum Y Efstration
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Y Metze Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake
Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price 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 Y Thomas, A.M.
THURSDAY, MARCH 24, 2016
3873
E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ehrhart Y England Y Epps Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
E Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 E Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 169, nays 0.
The motion prevailed.
The Speaker announced the House in recess until 5:00 o'clock, this afternoon.
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 substitute, by the requisite constitutional majority, the following bill of the House:
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 Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:
3874
JOURNAL OF THE HOUSE
HB 904. By Representatives Strickland of the 111th, Shaw of the 176th, Fleming of the 121st, Bryant of the 162nd and Kirby of the 114th:
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 contribution rates and credits; to change certain provisions relating to rate of employer contributions; to extend certain provisions relating to variations in the standard rate; to extend provisions relating to administrative assessments; to reduce the percentage of the administrative assessment to be assessed for a certain period; to provide exceptions; to change certain provisions relating to additional assessments for a new or newly covered employer; to extend the provision relating to automatic repeal; 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: Martin of the 9th, Kirk of the 13th, and McKoon of the 29th.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 16 and Code Section 31-2A-18, relating to crimes and offenses and the establishment of the Low THC Oil Patient Registry, respectively, so as to change provisions relating to the regulation of low THC oil; to revise and provide for definitions; to expand conditions for which low THC oil may be recommended for treatment; to clarify provisions of existing law; to provide for other lawful activities; to change reporting requirements; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for a different criteria for driving under the
THURSDAY, MARCH 24, 2016
3875
influence of marijuana; to provide for a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as "Haleigh's Hope Act - Part II."
SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-12-190, relating to a definition, as follows:
"16-12-190. As used in this article, the term 'low THC oil' means an oil that contains an amount of cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis and an amount of cannabidiol equal to or greater than the amount of tetrahydrocannabinol."
SECTION 3. Said title is further amended in Code Section 16-12-191, relating to possession, manufacture, distribution, or sale of low THC oil, by revising paragraph (1) of subsection (a) and subsection (b) and by revising subsection (e) as follows:
"(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 and has in his or her possession a registration card issued by the Department of Public Health; and (C)(B) Such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol or tetrahydrocannabinolic acid therein." "(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 protocol in this state or is an 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;
3876
JOURNAL OF THE HOUSE
(iii) An A designated employee of the board of regents designated to participate in the research program; (iv) A program An agent; (v) A program collaborator and their designated employees; (vi) A program supplier and their designated employees; (vii) A program physician; (viii) A program clinical researcher; (ix) Program pharmacy 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 or tetrahydrocannabinolic acid therein." "(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 identified in subparagraph (b)(1)(A) of this Code section, provided that such person has in his or her possession a permit issued as provided in Code Section 31-5-7 31-51-7 and such possession, sale, manufacturing, distribution, or dispensing is solely for the purposes set forth in Chapter 51 of Title 31."
SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"16-12-192. Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for a manufacturer of low THC oil to ship low THC oil to a person registered with the Department of Public Health under Code Section 31-2A-18."
SECTION 5. Said title is further amended by revising paragraph (16) of Code Section 16-13-21, relating to the definitions for the regulation of controlled substances, as follows:
"(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples tetrahydrocannabinol as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination."
THURSDAY, MARCH 24, 2016
3877
SECTION 6. Said title is further amended by revising subparagraph (P) of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, as follows:
"(P) Tetrahydrocannabinols which shall include, but are not limited to: (i) All synthetic or naturally produced samples containing more than 15 percent by weight of tetrahydrocannabinols; and (ii) All synthetic or naturally produced tetrahydrocannabinol samples which do Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant cannabis of the genus Cannabis;"
SECTION 7. Code Section 31-2A-18, relating to the establishment of the Low THC Oil Patient Registry, definitions, purpose, registration cards, quarterly reports, and waiver forms, is amended by revising paragraph (3) of subsection (a) and subsections (c) and (e) as follows:
"(3) 'Condition' means: (A) Cancer, when such diagnosis is end stage or the treatment disease 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, ulcerative colitis, or irritable bowel syndrome; (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; (I) Autism spectrum disorder; (J) Epidermolysis bullosa; (K) Human immunodeficiency virus or acquired immune deficiency syndrome; (L) Peripheral neuropathy; (M) Tourette's syndrome; (N) Terminal illness, with a probable life expectancy of less than two years, if the illness or its treatment produces one or more of the following: (i) Severe pain; (ii) Nausea or severe vomiting; or (iii) Cachexia or severe wasting; or (O) Post-traumatic stress disorder."
"(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.
3878
JOURNAL OF THE HOUSE
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." "(e) The board shall require physicians to issue quarterly reports an annual report to the board. Such reports report 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."
SECTION 8. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising subsections (a) and (b) of Code Section 40-5-75, relating to suspension of driver's licenses by operation of law, as follows:
"(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 a controlled substance or marijuana in violation of paragraph (2), (4), or (6), or (7) 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; (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; 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:
THURSDAY, MARCH 24, 2016
3879
(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. (b) Except as provided in Code Section 40-5-76, whenever a person is convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6), or (7) 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
3880
JOURNAL OF THE HOUSE
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."
SECTION 9.
Said title is further amended in subsection (a) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, by deleting "or" at the end of paragraph (5), by revising paragraph (6), and by adding a new paragraph to read as follows:
"(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both a controlled substance without regard to whether or not any alcohol is present in the person's breath or blood; or (7) The concentration of delta 9-tetrahydrocannabinol is two nanograms per milliliter or more as shown by analysis of the person's blood, without regard to whether or not any alcohol is present in the person's breath or blood, at any time within three hours after such driving or being in actual physical control from delta 9tetrahydrocannabinol ingested before such driving or being in actual physical control ended."
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 N Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Y Cooke Y Coomer
Cooper Y Corbett Y Dawkins-Haigler N Deffenbaugh
Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Ealum
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Jones, S
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold N Pirkle Y Powell, A Y Powell, J N Price 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 Y Taylor, D Y Taylor, T E Teasley
THURSDAY, MARCH 24, 2016
3881
Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier
Frye Y Gardner Y Gasaway
Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Pruett Y Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
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 N Williamson
Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 157, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Rice of the 95th.
The following Bill and Resolution of the House were taken up for the purpose of considering the Senate action thereon:
HR 1052. By Representative Cheokas of the 138th:
A RESOLUTION honoring the life of Mr. Thomas William Poole and dedicating a bridge in his memory; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, 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
3882
JOURNAL OF THE HOUSE
WHEREAS, Corporal Matthew Britten Phillips played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Corporal Phillips was born on April 13, 1981, the beloved son of Michael and Freida Phillips, and attended West Hall High School in Gainesville, 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 with the 173rd Airborne Brigade; and
WHEREAS, Corporal Phillips made the ultimate sacrifice during the Battle of Wannat when his unit was ambushed by the Taliban; and
WHEREAS, Corporal Phillips 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 an intersection in his memory.
PART II WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Sergeant David Paul "Bubba" Land on March 26, 2003; and
WHEREAS, Sergeant Land began his career in law enforcement in 1990 as an Atlanta police officer and later went on to join the Stone Mountain Police Department where he worked until 1997 when he was hired by the Forsyth County Sheriff's Office; and
WHEREAS, this dedicated law enforcement officer's life was cut short from injuries he received in a motorcycle crash en route to a call for service, just two days after he was promoted to the rank of sergeant; and
WHEREAS, Sergeant Land exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties.
PART III WHEREAS, Ambassador David Adelman is widely recognized by the citizens of this state for the vital role that he plays in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Ambassador Adelman earned a bachelor's degree from the University of Georgia, where he later served as a professor for the Honors Program, a master's degree from Georgia State University, and a law degree from Emory University; and
THURSDAY, MARCH 24, 2016
3883
WHEREAS, Ambassador Adelman served as an assistant attorney general in Georgia for three years and worked as a partner at the law firm Sutherland, Asbill, and Brennan LLP; and
WHEREAS, he diligently and conscientiously devoted his time, talents, and energy to his constituents as a member of the Georgia State Senate for eight years, where he served as Minority Whip and chairman of the Senate Urban Affairs Committee; and
WHEREAS, he served as the 15th United States Ambassador to Singapore, and his tenure was characterized by an increase in the robust business relationship between the United States and Southeast Asia; and
WHEREAS, Ambassador Adelman led eight trade missions to India, Indonesia, Malaysia, Myanmar, and Vietnam, and his trade mission to Naypyidaw in 2012 was the first American business delegation to the capital of Myanmar; and
WHEREAS, he was instrumental in implementing President Barack Obama's "pivot to Asia" initiative, which is a strategic rebalancing of military and soft powered assets toward the region, and during Ambassador Adelman's tenure, the United States agreed to deploy naval vessels to Singapore for the first time; and
WHEREAS, Ambassador Adelman launched the United States-Singapore Strategic Partnership Dialogue and established a Third Country Training Program to address health, educational, and environmental issues in Southeast Asia; and
WHEREAS, he has been recognized with numerous honors and awards, including the United States Navy Distinguished Public Service Award, which is the highest honor given to non-Navy personnel, and the United States State Department Superior Honor Award for his diplomatic leadership; and
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be recognized by dedicating a bridge in his honor.
PART IV WHEREAS, located at the intersection of State Routes 306 and 369, Hammond's Crossing has long been a hub for the local economy in north Forsyth County; and
WHEREAS, located in the middle of the 400 North Opportunity Zone, the area was home to the first general store built around 1897 which was owned and operated by William Henry Hammond; and
WHEREAS, the Hammond family continues to conduct business at this intersection, operating Hammond's Fishing Center; and
3884
JOURNAL OF THE HOUSE
WHEREAS, this philanthropic family also gives back to the community through their establishment of the Thomas Hammond High School Fishing Club Fund, which provides scholarships to new fishing clubs; and
WHEREAS, the intersection of State Routes 306 and 369 has been a magnet for growth for north Forsyth County since the late 1880s and it is abundantly fitting and proper that this intersection be dedicated to honor this rich history and tradition.
PART V WHEREAS, the name of the area of Coal Mountain in Forsyth County dates as far back as the 1870 federal census; and
WHEREAS, located just north of Cumming, the area is home to Coal Mountain Baptist Church and Coal Mountain Elementary School, whose mascot is the Coal Mountain Miner; and
WHEREAS, over the years, Coal Mountain has been home to a general merchandise store, Wofford Hatchery, Martin's Store, Coal Mountain Building Supply, Thomas Lumber Company, and the office of Dr. William Bottoms; and
WHEREAS, the Coal Mountain crossroads of Highways 9 and 369 have been a point of trade for well over 200 years and it is abundantly fitting and proper that this intersection be dedicated to honor this rich history and tradition.
PART VI WHEREAS, on January 31, 2011, the State of Georgia lost one of its most distinguished citizens with the passing of Mr. Spencer Pass; and
WHEREAS, Mr. Pass was a member of the Department of Transportation's Highway Emergency Response Operators program and worked diligently to minimize disruptions in Metro Atlanta traffic, provide service patrol, and assist stranded motorists; and
WHEREAS, Mr. Pass was fatally injured in the line of duty while rendering aid to a motorist on Interstate 85; and
WHEREAS, he was a dedicated husband, loving father, and devoted son whose presence and love continue to be missed by all who had the great fortune of knowing him; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and
THURSDAY, MARCH 24, 2016
3885
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART VII WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Detective Robert Shane Wilson on November 14, 2011; and
WHEREAS, he was a beloved son of J. D. Wilson and Gail Hanson; and
WHEREAS, Detective Wilson, badge number 1143, had served with the Doraville Police Department for four years; and
WHEREAS, he was responding to a SWAT call of a home invasion in Doraville when his vehicle was struck head-on by a drunk driver on I-20 in DeKalb County, succumbing to his injuries at the scene of the crash; and
WHEREAS, Detective Wilson was united in love and marriage to Katy Wilson and was blessed with a remarkable son, Liam Wilson; and
WHEREAS, a compassionate and generous man, Detective Wilson will long be remembered for his love of family and friendship, and this loyal son, husband, father, and friend will be missed by all who had the great fortune of knowing him; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART VIII WHEREAS, Paul Dyer was born on June 28, 1912, in White County and moved with his family to Towns County in 1939, where he was a Master Mason and a valued member of the Towns County Lions Club, Order of the Eastern Star, and Towns County Board of Education; and
WHEREAS, Paul was known for his contributions to education as well as his faithfulness to his neighbors during times of illness and mourning, always extending a helping hand to those in need; and
WHEREAS, Paul served as District Supervisor for Towns County in the Blue Ridge Mountain Soil and Water Conservation District; and
WHEREAS, in 1974, Paul and his wife were chosen by the Farmers Home Administration as Farm Family of the Year in Towns and Union counties for their outstanding family contribution to agriculture and the rural community; and
3886
JOURNAL OF THE HOUSE
WHEREAS, Paul served as president of the Hiawassee River Watershed Association and operated a 400 acre commercial trout farm along the mountain slopes and river near Cynth Creek Bridge, which was responsible for hatching approximately 600,000 trout eggs annually and 250,000 pounds of trout available for the market; and
WHEREAS, Paul and James Dyer were major contributors to Towns County and the surrounding areas of northeast Georgia; and
WHEREAS, Paul's six children continue to call Towns County home and are active and contributing members of the community; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished family be recognized appropriately by dedicating a bridge in their honor.
PART IX WHEREAS, Reverend Kenneth H. Coomer, Jr., has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and
WHEREAS, Reverend Coomer is senior pastor of Adairsville Church of God, where his leadership and spiritual guidance have been instrumental in improving and encouraging positive relations between people of diverse races and religions in the community and beyond; and
WHEREAS, after Adairsville was struck by an EF3 tornado on January 30, 2013, which resulted in loss of life and property valued in excess of $75 million, Reverend Coomer and Adairsville Church of God coordinated with other local churches and charities to provide shelter, food, clothing, financial assistance, and spiritual and emotional care and support to victims of the tornado within hours of the disaster; and
WHEREAS, Reverend Coomer and Adairsville Church of God coordinated and directed the mobilization of thousands of individual volunteers for the recovery efforts that followed the tornado; and
WHEREAS, Reverend Coomer and Adairsville Church of God procured the charitable use of more than a dozen pieces of heavy equipment from individuals and corporations to assist in the clean-up efforts; and
WHEREAS, Reverend Coomer and Adairsville Church of God, through their hard work and dedication to the Adairsville community, have saved city, county, and state taxpayers millions of dollars in clean-up, recovery, and reconstruction costs; and
THURSDAY, MARCH 24, 2016
3887
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Marine Corps; and
WHEREAS, it is abundantly fitting and proper that this enduring example of God's message be recognized by dedicating a road in his honor.
PART X WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, Lance Corporal Skip Wells demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Marine Corps, valiantly and courageously protecting his fellow Americans, and was killed during a voluntary assignment at the U.S. Naval Reserve on Amnicola Highway in Chattanooga, Tennessee; and
WHEREAS, a man of deep and abiding faith, Lance Corporal Wells was an active member of First Baptist Church in Woodstock, Georgia; and
WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and
WHEREAS, Lance Corporal Wells was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and
WHEREAS, a compassionate and generous man, Lance Corporal Wells will long be remembered for his love of family and friendship, and this loyal son, grandson, and friend will be missed by all who had the great fortune of knowing him; and
WHEREAS, Lance Corporal Wells 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 highway in his memory.
3888
JOURNAL OF THE HOUSE
PART XI WHEREAS, Mr. James Slaton "Jay" Shaw was widely 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, Mr. Shaw attended Abraham Baldwin Agriculture College before establishing The Jay Shaw Company, a real estate and insurance agency focused on providing financial support and involvement for communities in and around his hometown of Lakeland, Georgia; and
WHEREAS, he diligently and conscientiously devoted his time, talents, and energy to his constituents as a member of the House of Representatives for 17 years as a representative for House District 176 and chairman of the community health subcommittee for the House Committee on Appropriations; and
WHEREAS, Mr. Shaw served as mayor of Lakeland for ten years, a position in which his leadership and diplomacy were instrumental in advancing the city's position in the region and preserving Banks Lake as a historic landmark; and
WHEREAS, he served on the State Transportation Board from 2010 to 2015 and led the board as chairman in 2013; and
WHEREAS, during his time serving this state, Mr. Shaw focused on advancing healthcare in rural areas, improving Georgia's transportation system, and promoting balance and positive reform; and
WHEREAS, a man of deep and abiding faith, Mr. Shaw was a trustee and board member of Unity United Methodist Church; and
WHEREAS, his legacy lives on through his wife of 45 years, Libby Shaw; his devoted sons and daughters-in-law, Jason, Sam, Katy, and Christa; and his adoring grandchildren, Jenna, Brady, Anne Harvey, and Slaton; and
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be recognized by dedicating a road in his honor.
PART XII WHEREAS, Mr. J. Mark Burkhalter is a distinguished member of the Johns Creek community and a native son of the State of Georgia, born in Atlanta and raised in unincorporated Fulton County, now known as the City of Johns Creek; and
THURSDAY, MARCH 24, 2016
3889
WHEREAS, he attended Warsaw Elementary School and later purchased the school property in order to preserve history and to give homage to his former school teacher, Mrs. Annette Medlock; and
WHEREAS, he graduated from Milton High School and earned two bachelor's degrees from the University of Georgia, where he served as president of the International Relations Club and as chair of the university's Model United Nations Delegation, leading the organization to two national titles; and
WHEREAS, following graduation, he served on the legislative staff of Congressman Newt Gingrich, representing Georgia's Sixth Congressional District at the United States Capitol, and then returned to Georgia where he began a successful career in real estate development as principal of Burkhalter Realty and Akin Properties; and
WHEREAS, he was elected to the Georgia House of Representatives in 1992 at the age of 31, where he served continuously for 18 years representing the citizens of District 41, one of the largest state House districts of its time, and then District 50, encompassing the boundaries of the City of Johns Creek; and
WHEREAS, he was the first Republican to author Georgia's budget since Reconstruction; and
WHEREAS, he served as Administration Floor Leader, Speaker Pro Tempore, and Speaker of the House of Representatives under Governor Sonny Perdue, making him one of the few Georgians in history to rise to that high office; and
WHEREAS, during his tenure as Speaker Pro Tempore, he sponsored significant and historic legislation, including HB 1321 creating the City of Johns Creek, thereby creating a paradigm shift in how the region functions, and thus changing the face of the greater Atlanta metropolitan area in perpetuity; and
WHEREAS, upon his resignation from the Georgia General Assembly in 2010, he then joined the international law firm, Dentons, as Senior Advisor in Public Policy and Regulation practice; and
WHEREAS, he is noted for countless community activities, affiliations, and accolades that have benefited the citizens of Johns Creek and the State of Georgia to immeasurable result; and
WHEREAS, he is highly respected amongst his peers as a tireless proponent for his community and the State of Georgia and known as a brilliant strategist in politics and business; and
3890
JOURNAL OF THE HOUSE
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be recognized by dedicating a road in his honor.
PART XIII WHEREAS, Mr. Thomas William Poole was born on December 24, 1991, in Ellaville, Georgia, the beloved son of Donnie and Deborah Poole; and
WHEREAS, a lifetime resident of Schley County, Mr. Poole grew up in his family's home on Poole Road which stands as the oldest occupied home in the county; and
WHEREAS, he worked as a heating and air technician and was a faithful member of Ellaville Baptist Church; and
WHEREAS, Mr. Poole's life was tragically cut short on June 2, 2013, when he was involved in a fatal vehicle crash; and
WHEREAS, Mr. Poole was known to be a kind and generous man by all who had the fortune of encountering him; and
WHEREAS, throughout his life, he continuously demonstrated a deep concern and compassion for others, going above and beyond to ensure the happiness, safety, and care for both friends and strangers; and
WHEREAS, an avid outdoorsman, Mr. Poole was passionate about hunting and fishing and spent countless hours during his youth at Buck Creek near his family home; and
WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
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
THURSDAY, MARCH 24, 2016
3891
WHEREAS, Mr. Richard John Chambers, Sr., served as a guardian of this nation's freedom and liberty with the United States Air Force; and
WHEREAS, Mr. Chambers was a career educator in Banks and Jackson counties, where his work uplifted the lives of countless students; and
WHEREAS, he was an avid supporter of community sustainment and county beautification and devoted countless hours of his time, talent, and energy to organizations such as the Banks County Historical Society, Commerce Lions Club, and Habitat for Humanity; and
WHEREAS, a community leader, Mr. Chambers played a large role in maintaining the historical integrity of Banks County through the compilation and publishing of the History of Banks County; 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 XV WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Dr. Delores Felder on September 18, 2014; and
WHEREAS, Dr. Felder was born on April 11, 1949, in Marshallville, Georgia, a beloved daughter of Arthur Felder II and Carrie Lou Murph Felder; and
WHEREAS, a woman of deep and abiding faith, she was an active member of Saint James Christian Methodist Episcopal Church and active in several community organizations; and
WHEREAS, she received her Bachelor of Science and master's degrees from Fort Valley State College and later received her doctoral degree from Nova Southern University in Fort Lauderdale, Florida; and
WHEREAS, Dr. Felder taught in the Macon County School System from 1971 until 1981, where she served as Assistant Administrator with the Macon County Board of Education and as principal of the new Macon County Elementary School and the D.F. Douglass Alternative Center before retiring in 2003; and
WHEREAS, her love for her city and others led her to be elected to the city council, where her long service included the position of Mayor Pro Tem; and
3892
JOURNAL OF THE HOUSE
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, she 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, a compassionate and generous woman, Dr. Felder will long be remembered for her love of family and friendship, and this loyal sister, aunt, educator, and friend will be missed by all who had the great fortune of knowing her; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in her memory.
PART XVI WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. William Lee Brown on September 18, 2014; and
WHEREAS, Mr. Brown was born on May 27, 1940; and
WHEREAS, Mr. Brown was united in love and marriage to Debra Cross Brown and was blessed with five remarkable children, Howard, Kathryn Elizabeth, Kimberly Michele, Mary Margaret, and Rachel Suzanne, and 11 wonderful grandchildren, William DeWitt, Kaitlin Elizabeth, Sarah Elizabeth, Julia Caroline, William Higdon, Mary Rachel, Joseph Mason, William Peyton, Isabelle Grace, Gabrielle Rose, and Houston Randolph; and
WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and
WHEREAS, a compassionate and generous man, Mr. Brown will long be remembered for his love of family and friendship, and this loyal gentleman and friend will be missed by all who had the great fortune of knowing him; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
THURSDAY, MARCH 24, 2016
3893
PART XVII WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Solomon T. "Sol" Dover on February 14, 1999; and
WHEREAS, a native of Bartow County, Mr. Dover acquired his family's farm located on Georgia Highway 113 in 1939, and later gifted portions of his land to the county for additions to the highway; and
WHEREAS, Mr. Dover was united in love and marriage to Ruby Lee Pell Dover, a union which brought them nine children, all of whom were raised on the family farm and five of whom continue to maintain homes on the farm to date; and
WHEREAS, a man of deep and abiding faith, Mr. Dover served as treasurer and Sunday school superintendent for Raccoon Creek Church and was instrumental in helping the church accomplish numerous building additions; and
WHEREAS, Mr. Dover was a hard-working, passionate leader of his community, where he donated his time to serve as trustee for the Stilesboro School; and
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be recognized by dedicating a bridge in his honor.
PART XVIII WHEREAS, Mr. Louie Morris was known for his leadership and love of Hart County, Georgia, during the early 1900s; and
WHEREAS, an avid journalist, Mr. Morris was owner and editor of the Hartwell Sun and served as president of the Georgia Press Association and co-chairman of the Georgia Press Institute; and
WHEREAS, his guidance and civic leadership were instrumental to Hart County during his time as a member of the Hartwell City Council; and
WHEREAS, Mr. Morris served on the staff of Georgia Governors Richard Russell, Jr., and Ellis Arnall; and
WHEREAS, he began a radio station in Hartwell, WKLY, and was president of the Hartwell Railway Company; and
WHEREAS, Mr. Morris contributed unceasing efforts toward the construction of what is now known as the Hartwell Dam, a project that was unrealized at the time of his death on May 10, 1955; and
3894
JOURNAL OF THE HOUSE
WHEREAS, on October 11, 1940, the Highway Departments of South Carolina and Georgia, in cooperation with the United States Bureau of Public Roads, erected a monument dedicating the bridge over the Savannah River in honor of his unyielding commitment; and
WHEREAS, the stone monument dedicating the Louie Morris Bridge was relocated in 1958 after the river flooded the bridge and caused damage that necessitated the building of a new bridge; and
WHEREAS, an official Georgia dedication sign does not exist at what is known as the Louie Morris Bridge, and it is abundantly fitting and proper that this body recognizes this remarkable and distinguished Georgian by erecting an official Georgia bridge dedication marker.
PART XIX WHEREAS, Robert and Ardena Beasley had unimpeachable reputations for integrity, intelligence, fairness, and kindness, and by the example they made of their lives, they made this world a better place in which to live; and
WHEREAS, a couple with deep and abiding faith, the Beasleys were active members of Christian Fellowship Community Church; and
WHEREAS, they were united in love and marriage and blessed with eight remarkable children, Norvie L. Beasley, Sr.; Barbara J. Tinsley; Charles E. Beasley; Robert L. Beasley, Jr.; Beverly D. Rollins; Carl P. Beasley; Roberta Ann Beasley; and Representative Sharon Beasley-Teague; and
WHEREAS, the Beasleys were active community leaders, volunteering their time, talents, and energy to organizations such as SCLC in Atlanta, Christian Ministers Alliance, and the Richard James Teague Memorial Foundation for Sickle Cell Research; and
WHEREAS, they gave inspiration to many through their high ideals, morals, and deep concern for their fellow citizens, and the devotion, patience, and understanding they demonstrated to their family and friends were admired by others; and
WHEREAS, it is abundantly fitting and proper that the members of this body honor the lives of these distinguished Georgians by dedicating a bridge in their memory.
PART XX WHEREAS, Mr. William Penn "Mr. Bill" Walker, Sr., was widely recognized for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
THURSDAY, MARCH 24, 2016
3895
WHEREAS, Mr. Walker took up residence near the intersection of State Route 125 and State Route 122 at the meeting point of Lowndes, Berrien, and Lanier counties in 1954; and
WHEREAS, he 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 Atlanta Police Department for nearly 20 years; and
WHEREAS, Mrs. Ruby Herndon Walker was by Mr. Walker's side, working and supporting him in all his endeavors; and
WHEREAS, unofficially known by local peace officers as "Walker's Crossing," the intersection at their home and well-known lounge was a long-time meeting place for police officers to exchange prisoners to transport them across county lines; and
WHEREAS, Mr. Walker was known by the county sheriff departments of Lowndes, Berrien, and Lanier counties as a person who would assist them with any of their needs; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished couple be recognized appropriately by dedicating an intersection in their memory.
PART XXI WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, United States military veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and
WHEREAS, they have served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and
WHEREAS, it is important that veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and
WHEREAS, veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding
3896
JOURNAL OF THE HOUSE
accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.
PART XXII WHEREAS, Mr. Joel Jackson Parrish was born in Lowndes County on September 11, 1834, the beloved eldest son of Robert N. and Nancy McCranie Parrish, and passed away in Cook County on October 14, 1922; and
WHEREAS, he served as a guardian of this nation's freedom and liberty as 3rd Sergeant in Company "G" of the 29th Georgia Infantry, as 2nd Lieutenant of Company "D," and as First Lieutenant of Company "K"; and
WHEREAS, Mr. Parrish was elected Clerk of the Superior Court of Berrien County, served as County Surveyor for Berrien County, and was Justice of the Peace in the 1145th District; and
WHEREAS, he was responsible for the naming of the town of Adel and also served as the town's first postmaster; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART XXIII 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, current and former members of the United States military have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and
WHEREAS, the Purple Heart is awarded to members of the armed forces who are wounded by an instrument of war in the hands of the enemy and posthumously to the next of kin in the name of those who are killed in action or die of wounds received in action; and
WHEREAS, these brave men and women serve as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and
THURSDAY, MARCH 24, 2016
3897
WHEREAS, it is important that Purple Heart recipients are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and
WHEREAS, these individuals embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.
PART XXIV WHEREAS, Mr. Martin Luther King, Sr., the beloved son of James and Delia Linsey King, was born Michael King in 1899 in a sharecropper's cabin in Stockbridge, Georgia; and
WHEREAS, affectionately known as "Daddy King," Mr. King was the father of Nobel Peace Prize recipient Reverend Dr. Martin Luther King, Jr.; and
WHEREAS, Mr. King attended the Stockbridge Rosenwald School and was licensed as a preacher at the age of 15, preaching his first sermon at Floyd Chapel Baptist Church; and
WHEREAS, in 1934, Mr. Martin changed his name and that of his son to Martin Luther and encouraged his son to become active in the Civil Rights Movement; and
WHEREAS, Mr. King was a major influence on his son's decision to enter the ministry and the guidance he provided to Martin Luther King, Jr., as a child and young adult had an everlasting impact on the man he became; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART XXV WHEREAS, it is abundantly fitting that Confederate General James Longstreet be recognized appropriately by dedicating a bridge in his memory.
PART XXVI WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, Mr. Mack Fitzgerald served as a guardian of this nation's freedom and liberty with the United States Air Force, valiantly and courageously protecting his fellow Americans during World War II; and
3898
JOURNAL OF THE HOUSE
WHEREAS, Mr. Fitzgerald received training as a flight engineer and gunner aboard a B24 Liberator; and
WHEREAS, he was a member of "Operation Tidal Wave," with the mission of flying at low altitudes over Ploiesti, Romania, in order to destroy the enemy force's oil refineries; and
WHEREAS, after training for the low-level bombing mission in the Sahara Desert, Mr. Fitzgerald's bomber was one of 178 aircraft in what would become known as "Black Sunday," marking the worst single-day loss in the war; and
WHEREAS, during the mission, Mr. Fitzgerald's aircraft was hit by enemy fire and lost two engines, forcing an emergency landing in an open field; and
WHEREAS, he was a prisoner of war for 13 months along with over 100 other Americans; and
WHEREAS, he retired from the military after 25 years of dedicated and selfless service and was recognized with numerous medals, including the Purple Heart, Distinguished Flying Cross, Air Medal, and the POW Medal; 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 honor.
PART XXVII WHEREAS, Reverend Joe E. Edwards has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and
WHEREAS, Reverend Edwards is a person of vision and action and is known throughout the Church of God denomination as a powerful preacher, sensitive to the Holy Spirit in bringing anointed messages from God; and
WHEREAS, educated at Lee College and the Church of God School of Theology, Reverend Edwards was called by the Lord 24 years ago to lead the congregation of Cartersville Church of God at Liberty Square; and
WHEREAS, under the esteemed leadership of Reverend Edwards, the Cartersville Church of God at Liberty Square has enriched the community with its worship center, educational facilities, Family Life Center, Harvest House, Excel Christian Academy, and the Cartersville Child Care Center; and
THURSDAY, MARCH 24, 2016
3899
WHEREAS, Reverend Edwards has been recognized as a gifted writer, an effective and spiritually anointed speaker whose Gospel messages communicate effectively and with simplicity to persons from all walks of life, and a writer of spiritual publications throughout the United States; and
WHEREAS, he has served as a member of the Church of God Executive Council, chairman of the general study commission, state youth boards, evangelism boards, state overseer of the Church of God in Northern Ohio, and numerous other conferences, councils, and meetings as an active and honored member whose spiritual guidance is sought; and
WHEREAS, Reverend Edwards is united in love and marriage to his wife, Becky, and has been blessed with five children and several grandchildren; and
WHEREAS, the ministry of Reverend Edwards has enriched his denomination in visionary leadership, in discipleship, in outreach, in Bible teaching, in faith-building fellowship, and by encouraging active community service; and
WHEREAS, it is abundantly fitting and proper that this enduring example of God's message of peace and love be recognized with an intersection dedicated in his honor.
PART XXVIII WHEREAS, Mr. Samuel L. Cummings has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Mr. Cummings was born in Midville, Georgia, one of 13 beloved children of the late Lawton and Mary Cummings; and
WHEREAS, educated in the Burke County School System, Mr. Cummings attended Swansboro Junior College and the University of Georgia before he became the first African American certified elected official in Burke County; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a city councilmember and mayor for the City of Midville; and
WHEREAS, Mr. Cummings' leadership and guidance have been instrumental to numerous organizations, including the Optimism Club of Midville, board of directors for Family and Children Services of Burke County, and Midville Development Authority; and
3900
JOURNAL OF THE HOUSE
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in his honor.
PART XXIX WHEREAS, Colonel William Lee Robinson served as a guardian of this nation's freedom and liberty with the United States military, valiantly and courageously serving a tour in Vietnam and continuing his service for 31 years in the Army Reserve; and
WHEREAS, a leader in Bibb County, Colonel Robinson was widely 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 was elected to the Georgia Senate in 1974, adeptly and ably representing the people of Bibb and Monroe counties for eight years; and
WHEREAS, Colonel Robinson attended Mercer Law School while also obtaining his master's degree in business administration; and
WHEREAS, he was elected as mayor of Macon in 1997 and served as a circuit public defender for Macon-Bibb and surrounding counties after his service as mayor; and
WHEREAS, a civic leader, Colonel Robinson was active with the Middle Georgia Cancer Society, Alzheimer's Association, Cherry Blossom Festival, Macon Jaycees, Rotary Club, and Keep Macon-Bibb Beautiful; and
WHEREAS, a man of deep and abiding faith, Colonel Robinson was a founding member of Ingleside Baptist Church, where he served as deacon, overseer, and Sunday school teacher and was an avid participant and leader of mission trips in many areas of the world; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART XXX WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Steven Charles Brack on October 11, 2004; and
WHEREAS, Mr. Brack served with the Allentown Volunteer Fire Department and was a member of the Allentown City Council; and
THURSDAY, MARCH 24, 2016
3901
WHEREAS, his life was tragically cut short when he was involved in a vehicle crash while responding to a call on Interstate 16; and
WHEREAS, Mr. Brack gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.
PART XXXI 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, a native of Mitchell County, Georgia, Mr. Harvey J. Morey was one of 12 beloved children of Robert H. Morey and Ruth Alligood Morey; and
WHEREAS, he demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces, valiantly and courageously defending his fellow citizens during World War II; and
WHEREAS, Mr. Morey trained at Fort Gordon and in Scotland and England, was a member of the 2nd battalion, 29th Infantry Division, 116th Infantry Regiment, and experienced combat in France; and
WHEREAS, he was killed in action on Martinville Ridge outside of St. Lo, France, on July 15, 1944; and
WHEREAS, Mr. Morey's bravery and sacrifice were recognized with a Purple Heart, Combat Infantryman Badge, American Campaign Medal, and World War II Victory Medal; and
WHEREAS, Mr. Morey embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this
3902
JOURNAL OF THE HOUSE
remarkable and distinguished American be recognized appropriately by dedicating a road in his memory.
PART XXXII WHEREAS, Mayor Eva Cohn Galambos is remembered by the citizens of this state for the vital role she played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, born in Berlin, Germany, Mayor Galambos graduated summa cum laude with a bachelor's degree in business administration from the University of Georgia, earned a master's degree in labor and industrial relations also from the University of Georgia, and obtained a doctorate in economics from Georgia State University; and
WHEREAS, her first professional job was as an associate editor for the Atlanta Journal of Labor and she went on to work with the Georgia State Merit System and the International Association of Machinists and taught at Clark College and Georgia State University; and
WHEREAS, she was elected to serve as the first mayor of Sandy Springs after the city's incorporation in 2005, a position she maintained until 2014; and
WHEREAS, prior to Mayor Galambos' service as mayor she served as president for the Committee for Sandy Springs, co-founder and secretary of Sandy Springs Revitalization, founder of Sandy Springs Clean and Beautiful, chairperson of services committee for the Sandy Springs Council of Neighborhoods, chairperson of the Fulton County Housing Authority, and founder of the Sandy Springs Civic Roundtable; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in her memory.
PART XXXIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Sergeant First Class Ray F. Lents on December 16, 1993; and
WHEREAS, a native of Murray County, Georgia, Sergeant First Class Lents joined the Georgia State Patrol in 1963 and was assigned to Post 27 in Blue Ridge upon graduating from the 25th trooper school in Atlanta in 1964; and
WHEREAS, he was promoted to corporal in 1968 and sergeant in 1971 and served as commander of Post 27 from 1971 until his retirement in 1993, diligently protecting and serving the citizens of Fannin, Gilmer, Union, and Towns counties; and
THURSDAY, MARCH 24, 2016
3903
WHEREAS, this dedicated law enforcement officer served as a guardian of this nation's freedom and liberty with the United States Armed Forces and was a member of Lebanon Baptist Church and Blue Ridge Masonic Lodge Number 67 F&AM; and
WHEREAS, he was united in love and marriage to Jo Ann Galloway Lents and blessed with three remarkable children, Jeff, Tim, and Mandy; and
WHEREAS, Sergeant First Class Lents exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is abundantly fitting and proper that an intersection be dedicated in his memory.
PART XXXIV WHEREAS, Mayor Barbara Stephens is remembered by the citizens of this state for the vital role she played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, a graduate of Young Harris College, Mayor Stephens dedicated 30 years to inspiring and educating this state's future leaders as a teacher at East Fannin Elementary School; and
WHEREAS, Mayor Stephens was elected the first female mayor of Morganton and diligently and conscientiously served the citizens of Morganton for 13 and one-half years when she was elected to serve as the city's mayor after there was a threat of disbanding the city charter while she was a member of the city council; and
WHEREAS, her leadership and foresight were instrumental in obtaining a grant for $5.6 million to replace the city's water lines, build a new 200,000 gallon water tank, establish a new well, expand the water system, and increase the number of fire hydrants from 11 to 111; and
WHEREAS, during her term as mayor, Fire Station 11 was opened, allowing life-saving services to be provided to the people of Morganton faster and more efficiently; and
WHEREAS, a woman of deep and abiding faith, Mayor Stephens taught Sunday school for many years at Temple Baptist Church; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in her memory.
PART XXXV WHEREAS, Mr. Roy L. Chapman is remembered by the citizens of this state for the vital role he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
3904
JOURNAL OF THE HOUSE
WHEREAS, a native of McCaysville, Mr. Chapman was the son of a pioneer family of Fannin County, Enoch Washington and Josephine Watson Chapman; and
WHEREAS, he served as ordinary and probate judge for Fannin County for 28 years, and during his career on the bench, he earned a reputation as a clear thinker and hard worker, as a man whose strong convictions were supported by meticulous research and careful consideration, and as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and
WHEREAS, Mr. Chapman was an honest and dedicated public servant who strived for excellence in all his endeavors and whose primary concern was the fair and impartial administration of justice; and
WHEREAS, a community leader and activist, Mr. Chapman was active in the Republican Party of Fannin County and was a charter member of the McCay Masonic Lodge Number 423 F&AM; and
WHEREAS, he was united in marriage to Mrs. Eva Mae Pierce Chapman and was blessed with three remarkable children, Dr. Roy Lee Chapman, Mrs. Claudette Loudermilk, and Mrs. Gilita Carter; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his memory.
PART XXXVI WHEREAS, Mr. William Douglas "Billy" Dilworth was known throughout his community and this state for his journalistic integrity, professionalism, and dedication to entertaining and informing his audience; and
WHEREAS, a native of the Red Hill community of Franklin County, Mr. Dilworth made a name for himself in media, working for years in the newspaper, radio, and television industries; and
WHEREAS, he earned a bachelor's degree from the University of Georgia, where he wrote for the Red & Black student newspaper; and
WHEREAS, Mr. Dilworth wrote news and features for the Athens Daily News and worked as a writer for the Anderson Independent in South Carolina and the Atlanta Times; and
WHEREAS, in 1985, he became the host of The Billy Dilworth Show which aired on WNEG-TV for more than 20 years and entertained with a mixture of music and interviews; and
THURSDAY, MARCH 24, 2016
3905
WHEREAS, The Billy Dilworth Show was the longest running live television broadcast in the country; and
WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a road in his memory.
PART XXXVII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of SR 53 and McEver Road in Hall County is dedicated as the Corporal Matthew Britten Phillips Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 20 and Market Place Boulevard in Forsyth County is dedicated as the Sergeant David Paul "Bubba" Land Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 42/Briarcliff Road over the south fork of Peachtree Creek in DeKalb County is dedicated as the Ambassador David Adelman Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 306 and State Route 369 in Forsyth County is dedicated as Hammond's Crossing.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 9 and Highway 369 in Forsyth County is dedicated as the Coal Mountain Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 85 over Cleveland Avenue in Fulton County is dedicated as the Spencer Pass Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 20 over Snapfinger Creek in DeKalb County is dedicated as the Robert Shane Wilson Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 17/State Route 75 over Cynth Creek in Towns County is dedicated as the Dyer Bridge.
BE IT FURTHER RESOLVED AND ENACTED that State Route 140 in Bartow County is dedicated as the Reverend Kenneth H. Coomer, Jr., Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 575 from Bells Ferry Road to the Cherokee County line in Cobb County is dedicated as the Lance Corporal Skip Wells Memorial Highway.
3906
JOURNAL OF THE HOUSE
BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Highway 22/State Route 31 from the intersection of State Route 11 and State Route 31 in Lakeland to the intersection of State Route 7 and State Route 31 in Valdosta in Lowndes County is dedicated as the James Slaton "Jay" Shaw Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 141/Medlock Bridge Road from the southern limit of Johns Creek at the Chattahoochee River to the intersection with State Route 120/Abbotts Bridge Road in Fulton County is dedicated as the Mark Burkhalter Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. Highway 19 North over Buck Creek in Schley County is dedicated as the Thomas William Poole Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on US 441/SR 15 over Interstate 85 in Banks County is dedicated as the Richard Chambers Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 127 over the Flint River Overflow, three miles west of Marshallville in Macon County, is dedicated as the Dr. Delores Felder Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 26 over the Flint River Overflow in Macon County is dedicated as the William Brown Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge over Raccoon Creek on Georgia Highway 133 west of Cartersville in Bartow County is dedicated as the Solomon T. "Sol" Dover Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 29 over the Savannah River in Hart County is dedicated as the Louie Morris Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 92 North over the Chattahoochee River in Fulton County is dedicated as the Robert and Ardena Beasley Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 125/Bemiss Road/Valdosta Ray City Highway and State Route 122 at the meeting point of Lowndes, Berrien, and Lanier counties is dedicated as Walker's Crossing in memory of Mr. William "Mr. Bill" and Ruby Herndon Walker.
BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring United States military veterans and dedicates the portion of State Route 125 from the intersection of CR 354/Alapaha Lenox Road to the intersection at West Marion Avenue
THURSDAY, MARCH 24, 2016
3907
and Tifton Road at State Route 122 in Berrien County as the Veterans Memorial Parkway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 37/76 over Bear Creek in Cook County is dedicated as the Joel Jackson Parrish Bridge.
BE IT FURTHER RESOLVED AND ENACTED that State Route 520 from Chattahoochee County through Dougherty County, including Stewart, Webster, Terrell, and Lee counties, is dedicated as the Purple Heart Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge over the Norfolk Southern rail lines/North and South Berry Streets on State Route 42 in Henry County is dedicated as the Martin Luther King, Sr., Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 129 over Lake Lanier is dedicated as the Longstreet Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 257 and the Highway 441 Bypass in Laurens County is dedicated as the TSGT Mack Fitzgerald Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 20/Canton Highway and Roving Road/Smith Cline Road in Bartow County is dedicated as the Reverend Joe E. Edwards Intersection.
BE IT FURTHER RESOLVED AND ENACTED that State Route 305 from its intersection with State Route 56 to the intersection of Old Wadley Road near the border of the city of Midville in Burke County is dedicated as the Samuel L. Cummings Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Riverside Drive over Interstate 75 in Bibb County is dedicated as the Mayor Lee Robinson Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Highway 112 over Interstate 16 in Wilkinson County is dedicated as the Steven Charles Brack Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 93 from State Route 112 in the community of Lester to State Route 300 in Baconton in Mitchell County is dedicated as the Harvey J. Morey Memorial Highway.
3908
JOURNAL OF THE HOUSE
BE IT FURTHER RESOLVED AND ENACTED that the interchange at Georgia 400 and U.S. 19 in Sandy Springs is dedicated as the Mayor Eva Cohn Galambos Memorial Interchange.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 515/U.S. 75 and the Orvin Lance Connector is dedicated as the Sergeant First Class Ray F. Lents Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 60 where the road diverges from Old U.S. 76 and proceeds west toward Blue Ridge to the intersection of State Route 60/Old U.S. 76/Morganton Highway and Thomas Street in Fannin County is dedicated as the Barbara Stephens Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 5/Blue Ridge Drive and Tennessee Avenue in Fannin County is dedicated as the Roy L. Chapman Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 59 from the intersection with State Route 17 to Highway 164/Bold Springs Road in Franklin County is dedicated as the Billy Dilworth Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 280 over the Oconee River in Montgomery county is dedicated as the Veterans Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 15 from Womack Lane to the Johnson county line is dedicated as the Jimmy B. Lord 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 Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; to the family of Corporal Matthew Britten Phillips; Sergeant David Paul "Bubba" Land; Mr. Spencer Pass; Detective Robert Shane Wilson; Lance Corporal Skip Wells; Mr. James Slaton "Jay" Shaw; Mr. Thomas William Poole; Mr. Richard John Chambers, Sr.; Dr. Delores Felder; Mr. William Lee Brown; Mr. Solomon T. "Sol" Dover; Mr. Louie Morris; Robert and Ardena Beasley; Mr. and Mrs. William Penn Walker, Sr.; Mr. Joel Jackson Parrish; Mr. Martin Luther King, Sr.; Colonel William Lee Robinson; Mr. Steven Charles Brack; Mr. Harvey J. Morey; Mayor Eva Cohn Galambos; Sergeant First Class Ray F. Lents; Mayor Barbara Stephens; Mr. Roy L. Chapman; and Mr. William Douglas "Billy" Dilworth; and to Ambassador David
THURSDAY, MARCH 24, 2016
3909
Adelman; the Dyer family; Reverend Kenneth H. Coomer, Jr.; Mr. J. Mark Burkhalter; Mr. Mack Fitzgerald; Reverend Joe E. Edwards; and Mr. Samuel L. Cummings.
Representative Cheokas of the 138th moved that the House agree to the Senate substitute to HR 1052.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D
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
Dudgeon Dukes Y Dunahoo E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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
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.
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:
3910
JOURNAL OF THE HOUSE
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.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the reporting of certain statistics regarding juveniles seeking abortions without parental notice; to amend Code Section 31-9A-6 of the Official Code of Georgia Annotated, relating to abortion reporting requirements, so as to change certain provisions relating to forms; 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 15-11-64, relating to collection of information by juvenile court clerks, by designating the existing text as subsection (a) and adding a new subsection to read as follows:
"(b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts the total number of petitions or motions filed under subsection (b) of Code Section 15-11-682 for the previous calendar year and, of that number, the number in which the court appointed a guardian ad litem, the number in which the court appointed counsel, the number in which the judge issued an order authorizing an abortion without notification, the number in which the judge denied such an order, and, of the last, the number of denials from which an appeal was filed, the number of appeals that resulted in denials being affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk shall make such report by March 15 of each year for the previous calendar year. The individual reports made to the Administrative Office of the Courts shall be held confidential and not subject to disclosure under Article 4 of Chapter 18 of
THURSDAY, MARCH 24, 2016
3911
Title 50, relating to open records. The Administrative Office of the Courts shall provide aggregated statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such individual reports shall be destroyed six months after submission to the Administrative Office of the Courts."
SECTION 1B.
Code Section 31-9A-6 of the Official Code of Georgia Annotated, relating to abortion reporting requirements, is amended by revising the introductory language of subsection (a) as follows:
"(a) The Department of Public Health shall prepare a reporting form for physicians performing who perform abortions in a health facility licensed as an abortion facility by the Department of Community Health containing which shall contain a reprint of this chapter and listing shall require the following information:"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Chandler of the 105th et al. offer the following amendment:
Amend the Senate substitute to HB 555 (HB 555/SCSFA/1) by deleting lines 3 through 5 and inserting in lieu thereof the following: parental notice; to provide for related matters; to repeal conflicting laws; and for other purposes.
By deleting lines 27 through 34.
Representative Chandler of the 105th moved that the House agree to the Senate substitute, as amended by the House, to HB 555.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T
Bentley Y Benton
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 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
N Metze N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
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 Y Stover Y Strickland Y Tankersley
3912
JOURNAL OF THE HOUSE
Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dudgeon N Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming E Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Gilligan N Glanton Y Golick N Gordon Y Gravley Y Greene
Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain
Meadows
Y Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes E Rice Y Rogers, C
Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson N Wilkinson
Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 114, nays 55.
The motion prevailed.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 199. By Senators Jeffares of the 17th, Mullis of the 53rd, Jones of the 25th, Dugan of the 30th, Kennedy of the 18th 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 a definition; to prohibit certain activities within close proximity to polling places; 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: Burke of the 11th, Jeffares of the 17th, and Dugan of the 30th.
THURSDAY, MARCH 24, 2016
3913
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 423. By Senators Jeffares of the 17th and VanNess of the 43rd:
A BILL to be entitled an Act to reestablish the Board of Commissioners of Newton County; to supersede the laws pertaining to the governing authority of Newton County; to provide for a board of commissioners, commissioner districts, a chair of the board, a county manager, a clerk to the board, and ethics provisions; to provide for meetings, agendas, and the conduct of meetings; to provide for budgeting, audits, financial condition, and approval of expenditures; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute as amended to the following bill of the House:
HB 727. By Representatives Battles of the 15th, Turner of the 21st, Parsons of the 44th, LaRiccia of the 169th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48 of the O.C.G.A., relating to taxation of consumer fireworks, so as to provide for local excise taxation of consumer fireworks and the collection of such excise tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 307. By Senators Beach of the 21st, Williams of the 19th, Butler of the 55th, Parent of the 42nd and Gooch of the 51st:
A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection, placement, or maintenance of unauthorized structures within rights of way of public roads and authorization of commercial advertisements by a transit agency, so as to provide for
3914
JOURNAL OF THE HOUSE
definitions relative to advertising; 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 876. By Representatives Pirkle of the 155th, McCall of the 33rd, England of the 116th, Powell of the 32nd, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, so as to update license and surety requirements of livestock dealers and livestock market operators; to provide for publication of duly licensed dealers and operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; 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: Wilkinson of the 50th, Harper of the 7th, and Kirk of the 13th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 205. By Representatives Rice of the 95th and Petrea of the 166th:
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 installation of ignition interlock devices; 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: Stone of the 23rd, Kennedy of the 18th, and Bethel of the 54th.
Mr. Speaker:
THURSDAY, MARCH 24, 2016
3915
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 270. By Senators Martin of the 9th, Hill of the 32nd, Harper of the 7th, Unterman of the 45th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize persons who are qualified retired law enforcement officers to carry a handgun anywhere within this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
SB 199. By Senators Jeffares of the 17th, Mullis of the 53rd, Jones of the 25th, Dugan of the 30th, Kennedy of the 18th 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 a definition; to prohibit certain activities within close proximity to polling places; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Gravley of the 67th moved that the House adhere to its position in insisting on its substitute to SB 199 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 Gravley of the 67th, Fleming of the 121st and Rynders of the 152nd.
HB 949. By Representatives Powell of the 32nd, Tarvin of the 2nd, Jasperse of the 11th, Lumsden of the 12th and Epps of the 144th:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, and Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to revise a definition; to
3916
JOURNAL OF THE HOUSE
revise provisions of law relating to government purchasing cards and government credit cards; to provide for the issuance of government purchasing cards and government credit cards; to provide for the conditions for such issuance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, and Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to revise and provide for definitions; to revise provisions of law relating to government purchasing cards and government credit cards; to provide for the issuance of government purchasing cards and government credit cards; to provide for the conditions for such issuance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, is amended by revising paragraph (5.2) of Code Section 16-9-30, relating to definitions, as follows:
"(5.2) 'Government' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school system, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, school system, or other political subdivision of this state; and (D) Every city, county, regional, or other authority established pursuant to the laws of this state; and (E) Every locally elected clerk of superior court, judge of the probate court, sheriff, tax receiver, tax collector, or tax commissioner."
SECTION 2. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by revising Code Section 36-80-24, relating to limitation on elected
THURSDAY, MARCH 24, 2016
3917
official's use of government issued purchasing or credit cards and policy development, as follows:
"36-80-24. (a) As used in this Code section, the term 'constitutional officer' means the locally elected clerk of superior court, judge of the probate court, sheriff, tax receiver, tax collector, or tax commissioner. (a)(b) An elected official of a county, municipal corporation, local school system, or consolidated government or a constitutional officer 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 or constitutional officer's public duties; and (2) Such purchases are in accordance with guidelines adopted by the county, municipal corporation, local school system, or consolidated government, or constitutional officer. (b)(c) Documents related to such purchases incurred by such elected officials or constitutional officers shall be available for public inspection. (c)(d) 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. No constitutional officer shall issue government purchasing cards or government credit cards to himself, herself, or his or her employees on or after July 1, 2016, until he or she has promulgated specific policies regarding the use of such government purchasing cards or government credit cards that apply to himself or herself and his or her employees and such policies have been filed with the governing authority of the county. If an elected official of such county, municipal corporation, local school system, or consolidated government. Such or constitutional officer promulgates specific policies regarding the use of such government purchasing cards or government credit cards, 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, 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, or constitutional officer 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 or constitutional officer; (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;
3918
JOURNAL OF THE HOUSE
(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 or credit card policies and imposing penalties for violations, including, but not limited to, revocation of purchasing card or credit card privileges. Nothing in such procedures or any administrative action taken pursuant thereto shall preclude any other civil or criminal remedy under any other provision of law."
SECTION 3. This Act shall become effective on July 1, 2016.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Powell of the 32nd moved that the House agree to the Senate substitute to HB 949.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson E Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E 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 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 Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser
Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
Pak Y Parrish Y Parsons
Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes E Rice Y Rogers, C E 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 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
THURSDAY, MARCH 24, 2016
3919
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
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 motion, the ayes were 166, nays 0.
The motion prevailed.
HB 943. By Representatives Rogers of the 29th, Pak of the 108th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to provide for additional limitations on indemnification and duty to defend clauses which are void and unenforceable in contracts for engineering or architectural services; to provide for exceptions; 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 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to provide for additional limitations on indemnification and duty to defend clauses which are void and unenforceable in contracts for engineering or architectural services; 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.
Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by revising Code Section 13-8-2, relating to contracts contravening public policy generally, as follows:
"13-8-2. (a) A contract that is against the policy of the law cannot be enforced. Contracts deemed contrary to public policy include but are not limited to:
(1) Contracts tending to corrupt legislation or the judiciary; (2) Contracts in general restraint of trade, as distinguished from contracts which restrict certain competitive activities, as provided in Article 4 of this chapter;
3920
JOURNAL OF THE HOUSE
(3) Contracts to evade or oppose the revenue laws of another country; (4) Wagering contracts; or (5) Contracts of maintenance or champerty. (b) A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances, including moving, demolition, and excavating connected therewith, purporting to require that one party to such contract or agreement shall indemnify, hold harmless, insure, or defend the other party to the contract or other named indemnitee, including its, his, or her officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the indemnitee, or its, his, or her officers, agents, or employees, is against public policy and void and unenforceable. This subsection shall not affect any obligation under workers' compensation or coverage or insurance specifically relating to workers' compensation, nor shall this subsection apply to any requirement that one party to the contract purchase a project specific insurance policy, including an owner's or contractor's protective insurance, builder's risk insurance, installation coverage, project management protective liability insurance, an owner controlled insurance policy, or a contractor controlled insurance policy. (c) A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement for engineering, architectural, or land surveying services purporting to require that one party to such contract or agreement shall indemnify, hold harmless, insure, or defend the other party to the contract or other named indemnitee, including its, his, or her officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, is against public policy and void and unenforceable, except for indemnification for damages, losses, or expenses to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the indemnitor or other persons employed or utilized by the indemnitor in the performance of the contract. This subsection shall not affect any obligation under workers' compensation or coverage or insurance specifically relating to workers' compensation, nor shall this subsection apply to any requirement that one party to the contract purchase a project specific insurance policy or project specific policy endorsement."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Rogers of the 29th moved that the House agree to the Senate substitute to HB 943.
On the motion, the roll call was ordered and the vote was as follows:
THURSDAY, MARCH 24, 2016
3921
Y Abrams Y Alexander N Allison Y Atwood
Ballinger N Barr Y Battles Y Beasley-Teague
Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V E Coleman
N Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson E Dickey Y Dickson Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes Y Dunahoo E Duncan N Ealum N Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton N Golick Y Gordon N Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb N Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer N Nix Y Oliver Y Pak Y Parrish Y Parsons
Peake Y Petrea Y Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice Y Rogers, C E Rogers, T N Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
Y Smith, E N 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 Y Tarvin Y Taylor, D N Taylor, T E Teasley Y Thomas, A.M. N Thomas, E Y Trammell N 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 motion, the ayes were 137, nays 30.
The motion prevailed.
The Speaker announced the House in recess until 7:15 o'clock, this evening.
The Speaker called the House to order.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
3922
JOURNAL OF THE HOUSE
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
HB 1025. By Representatives Taylor of the 79th, Willard of the 51st, Drenner of the 85th, Henson of the 86th, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change provisions relating to service of accusations of or citations for violations of ordinances under certain circumstances; to provide for judgments when service is perfected under such circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1939. By Representatives Cooper of the 43rd and Dollar of the 45th:
A RESOLUTION recognizing Noise X; and for other purposes.
HR 1940. By Representative Broadrick of the 4th:
A RESOLUTION recognizing and commending Susan Carter Lynch on the occasion of her retirement; and for other purposes.
HR 1941. By Representatives Carson of the 46th and Parsons of the 44th:
A RESOLUTION commending and congratulating Brandon Michael Peavy; and for other purposes.
HR 1942. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
THURSDAY, MARCH 24, 2016
3923
A RESOLUTION commending Dr. Tabatha Tierce, Floyd County School System's 2016 Teacher of the Year and Cave Spring Elementary School's 2016 Teacher of the Year; and for other purposes.
HR 1943. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION recognizing Vargo Orthodontics, the Loving Hearts, Helping Hands: 2016 Heart of the Community Business Award recipient; and for other purposes.
HR 1944. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION recognizing Luke Chaffin, the Loving Hearts, Helping Hands: 2016 Heart of the Community Young Heart award recipient; and for other purposes.
HR 1945. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION recognizing Tonya Marie Davis, Loving Hearts, Helping Hands: 2016 Heart of the Community Award of Honor recipient; and for other purposes.
HR 1946. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION recognizing Loving Hearts, Helping Hands: 2016 Heart of the Community Award of Honor recipient, Elaina Beeman; and for other purposes.
HR 1947. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION recognizing Christa Jackson, Loving Hearts, Helping Hands: 2016 Heart of the Community Award of Honor recipient; and for other purposes.
HR 1948. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
3924
JOURNAL OF THE HOUSE
A RESOLUTION recognizing Loving Hearts, Helping Hands: 2016 Heart of the Community Board of Governors recipient, Dr. Sidney A. Bell; and for other purposes.
HR 1949. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION recognizing Loving Hearts, Helping Hands: 2016 Heart of the Community Award of Honor recipient, Allison Watters; and for other purposes.
HR 1950. By Representatives Hightower of the 68th, Gravley of the 67th, Cooke of the 18th and Nix of the 69th:
A RESOLUTION recognizing and commending Reverend Phillip Steve Swafford on the occasion of his 20th pastoral anniversary; and for other purposes.
HR 1951. By Representatives Gravley of the 67th and Hightower of the 68th:
A RESOLUTION commending and congratulating Paul Zachos III; and for other purposes.
HR 1952. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A RESOLUTION honoring the Honorable Stephen B. Eller, Mayor of the City of Culloden, and recognizing March 24, 2016, as Steve Eller Day at the state capitol; and for other purposes.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 736. By Representatives Atwood of the 179th, Jones of the 167th, Petrea of the 166th, Stephens of the 164th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to provide for a special license plate promoting marine habitat conservation; to provide for related matters; to require a twothirds' majority vote for passage in accordance with constitutional requirements; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 24, 2016
3925
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate for women veterans; to provide for definitions; to provide for the issuance of a special license plate to the spouse of an eligible person under certain circumstances; to provide for special license plates for the Omega Psi Phi Fraternity, Inc.; and Hampton University; to provide for special license plates for Zeta Phi Beta Sorority, Inc., to provide for a special license plate to support the law enforcement division of the Department of Natural Resources; to provide for a special license plate promoting marine habitat conservation; to provide for a special license plate for the Georgia Pet Foundation; to provide for related matters; to provide for an effective date; to require a two-thirds' majority vote for passage of certain provisions in accordance with constitutional requirements; 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 revising Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, as follows:
"40-2-85.1. (a) For purposes of this Code section, the term:
(1) 'Military medal award' means the following medals, decorations, or other recognition of honor for military service awarded by a branch of the United States military:
(A) Medal of Honor; (B) Bronze Star Medal; (C) Silver Star Medal; (D) Distinguished Service Cross; (E) Navy Cross; (F) Air Force Cross; (G) Defense Distinguished Service Medal; (H) Homeland Security Distinguished Service Medal; (I) Distinguished Service Medal; (J) Navy Distinguished Service Medal; (K) Air Force Distinguished Service Medal; (L) Coast Guard Distinguished Service Medal; (M) Defense Superior Service Medal;
3926
JOURNAL OF THE HOUSE
(N) Legion of Merit; (O) Distinguished Flying Cross; (P) Purple Heart; and (Q) Air Medal; and (R) Soldier's Medal. (2) 'Served during active military combat' means active duty service in World War I, World War II, the Korean War, the Vietnam War, Operation Desert Storm, the Global War on Terrorism as defined by Presidential Executive Order 13289, Section 2, the war in Afghanistan, or the war in Iraq, which includes either Operation Iraqi Freedom or Operation Enduring Freedom. (3) 'Veteran' means a former member of the armed forces of the United States who is discharged from the armed forces under conditions other than dishonorable. (4) 'Woman veteran' and 'women veterans' means former members of the armed forces of the United States who are female and discharged from the armed forces under conditions other than dishonorable. (b)(1) Motor vehicle and trailer owners who are veterans of the armed forces of the United States, or women veterans, 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 women veterans, who have received a military medal award, or who 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, a woman veteran's license plate, a military medal award recipient license plate, or a 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 of the United States 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, and such 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 woman 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
THURSDAY, MARCH 24, 2016
3927
operation of private passenger cars, motorcycles, trucks, and trailers before issuing these such 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, recreational vehicles, 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 who are veterans of the armed forces of the United States, who are recipients of a military medal award, or persons who served during active military combat and shall additionally identify distinctly the owner as a veteran current or former member of one of the following branches of the armed forces of the United States: Army, Navy, Marines, Air Force, or Coast Guard. (e) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States or of a deceased person who received a military medal award or who served during active military combat shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran person, ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's person's death or acquired thereafter, so long as such person surviving spouse does not remarry. (e.1) The spouse of any person eligible to be issued a special license plate under this Code section shall also be eligible for such license plate, provided that no motor vehicle is registered in the name of the eligible person and all other requirements relating to registration and licensing relative to motor vehicles as prescribed in Article 2 of this chapter have been satisfied. (f) Special license plates issued under this Code section, except as provided in subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee."
SECTION 2. Said article is further amended in Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations with proceeds disbursed to the general fund and the agency, fund, or nonprofit corporation, by adding three new paragraphs to subsection (l), adding a new paragraph to subsection (m), and revising subsection (n) as follows:
3928
JOURNAL OF THE HOUSE
"(52) A special license plate honoring the Omega Psi Phi Fraternity, Inc. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Omega Psi Phi Foundation. (53) A special license plate honoring Hampton University. The funds raised by the sale of this special license plate shall be disbursed to the Hampton University Atlanta Chapter Alumni Association. (54) A special license plate honoring Zeta Phi Beta Sorority, Inc. The funds raised by the sale of this special license plate shall be disbursed to the Zeta National Education Foundation, Inc." (13) A special license plate to support the law enforcement division of the Department of Natural Resources in its protection of wildlife and natural and cultural resources of this state, enforcement of boating, litter, and waste laws, teaching of hunter and boater education classes, and provision of other public safety services to the citizens of this state. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Natural Resources for use by the law enforcement division for the purposes provided for in this paragraph." "(n)(1) The General Assembly recognizes that Code Section 12-3-600 mandates that the best interests of the state are served by providing for the conservation of nongame species of wildlife and has determined that the following special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated. The special license plates listed in this subsection shall be subject to a special license plate fee and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows:
(A) Special license plate fee $25.00 of which $5.00 is to be deposited into the general fund, $1.00 is to be paid to the local county tag agent, and $19.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation; and (B) Special license plate renewal fee $25.00 of which $5.00 is to be deposited into the general fund and $20.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation. (2) Special license plates A special license plate promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources. The funds raised by the sale of these this special license plates plate shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Department of Natural Resources for the purposes enumerated in subsection (b) of Code Section 123-602. Such license plates plate shall not include a space for a county name decal but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name of the county of issuance. (3) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs.
THURSDAY, MARCH 24, 2016
3929
(4) A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the Bobwhite Quail Restoration Initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. Such license plate shall not include a space for a county decal but shall instead bear the legend 'Support Wildlife' in lieu of the name of the county of issuance. (5) A special license plate promoting marine habitat conservation, restoration, and enhancement. The funds raised by the sale of this special license plate shall be disbursed to the Coastal Resources Division of the Department of Natural Resources to supplement marine habitat conservation, restoration, and enhancement projects undertaken to increase the abundance of marine fish and invertebrate species. (6) A special license plate promoting a dog and cat reproductive sterilization program for a nonprofit corporation. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Pet Foundation to be used for dog and cat reproductive sterilization, including, but not limited to, grants to nonprofit corporations and vouchers for discounted veterinary sterilization services."
SECTION 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided in subsection (b) of this section. (b) In accordance with the requirements of Article III, Section IX, Paragraph VI(n) of the Constitution of the State of Georgia, Section 2 of this Act amending subsections (l), (m), and (n) of Code Section 40-2-86 of the Official Code of Georgia Annotated shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.
SECTION 4. 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 Atwood of the 179th offer the following amendment:
3930
JOURNAL OF THE HOUSE
Amend the Senate substitute to HB 736 (HB 736/SCSFA/2) by inserting between lines 9 and 10 the following: 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 automated traffic enforcement safety devices in school zones; to provide for definitions; to provide for the operation of automated traffic enforcement safety devices by agents or registered or certified peace officers; to provide for automated traffic enforcement safety device testing exceptions and procedures; to provide for automated traffic enforcement safety device use warning signs; to provide for further exceptions for when case may be made and conviction had for exceeding posted speed limit by less than ten miles per hour; to provide for an exception for the ratio of speeding fines to an agency budget; to provide for civil enforcement of violations recorded by automated traffic enforcement safety devices; to provide for rules, regulations, and terms of use for automated traffic enforcement safety devices;
By inserting between lines 183 and 184 the following: Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, is amended by adding two new Code sections to read as follows:
"40-14-1.1. As used in this article, the term:
(1) 'Agent' means a person or entity who is authorized by a law enforcement agency or governing body to administer the procedures contained herein and:
(A) Provides services to such law enforcement agency or governing body; (B) Operates, maintains, leases, or licenses an automated traffic enforcement safety device; or (C) Is authorized by such law enforcement agency or governing body to review and assemble the recorded images captured by the automated traffic enforcement safety device for review by a peace officer. (2) 'Automated traffic enforcement safety device' means a speed detection device that: (A) Is capable of producing photographically recorded still or video images, or both, of the rear of a motor vehicle or of the rear of a motor vehicle being towed by another vehicle, including an image of such vehicle's rear license plate; (B) Is capable of monitoring the speed of a vehicle as photographically recorded pursuant to subparagraph (A) of this paragraph; and (C) Indicates on each of the one or more photographically recorded still or video images produced the date, time, location, and speed of a photographically recorded vehicle traveling at a speed above the posted speed limit within a marked school zone. (3) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company.
THURSDAY, MARCH 24, 2016
3931
(4) 'Recorded images' means still or video images recorded by an automated traffic enforcement safety device. (5) 'School zone' means any roadway within the area defined in an existing master state order or local ordinance as a school zone area.
40-14-1.2. Nothing in this article shall be construed to mean that an agent is providing or participating in private investigative services or acting in such a manner as would render such agent subject to the provisions of Article 4 of Chapter 18 of Title 50."
SECTION 4. Said article is further amended by revising subsection (c) of Code Section 40-14-2, relating to permit required for use of speed detection devices, use not authorized where officers paid on fee system, and operation by registered or certified peace officers, as follows:
"(c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant provides law enforcement services by certified peace officers 24 hours a day, seven days a week on call or on duty or allows only peace officers employed full time by the applicant to operate speed detection devices. Speed detection devices can only be operated by registered or certified peace officers of the county sheriff, county, municipality, college, or university to which the permit is applicable; provided, however, that an automated traffic enforcement safety device may be operated by an agent or registered or certified peace officers of the county sheriff, county, or municipality to which the permit is applicable. Persons operating the speed detection devices must be registered or certified by the Georgia Peace Officer Standards and Training Council as peace officers and certified by the Georgia Peace Officer Standards and Training Council as operators of speed detection devices; provided, however, that agents may operate automated traffic enforcement safety devices without such registrations or certifications."
SECTION 5. Said article is further amended by revising Code Section 40-14-5, relating to testing and removal of inaccurate radar devices from service, as follows:
"40-14-5. (a) Each state, county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any radar unit not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the state, county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
3932
JOURNAL OF THE HOUSE
(b) Each county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
(c)(1) The law enforcement agency, or agent on behalf of the law enforcement agency, operating an automated traffic enforcement safety device provided for under Code Section 40-14-18 shall maintain a log for the automated traffic enforcement safety device attesting to the performance of such device's self-test at least once every 30 days and the results of such self-test pertaining to the accuracy of the automated traffic enforcement safety device. Such log shall be admissible in any court proceeding for a violation issued pursuant to Code Section 40-14-18. (2) The law enforcement agency, or agent on behalf of the law enforcement agency, operating an automated traffic enforcement safety device shall have performed an independent calibration test on the automated traffic enforcement safety device at least once every 12 months. The results of such calibration test shall be admissible in any court proceeding for a violation issued pursuant to Code Section 40-14-18."
SECTION 6. Said article is further amended by adding a new subsection to Code Section 40-14-6, relating to the requirement for warning signs, to read as follows:
"(c) In addition to the signs required under subsections (a) and (b) of this Code section, each law enforcement agency using an automated traffic enforcement safety device as provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary speed detection device within the approaching school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. Such signs shall be placed within 500 feet prior to the warning sign announcing the reduction of the speed limit for the school speed zone."
SECTION 7. Said article is further amended by revising Code Section 40-14-7, relating to the visibility of a vehicle from which a speed detection device is operated, as follows:
THURSDAY, MARCH 24, 2016
3933
"40-14-7. No Except as provided for in Code Section 40-14-18, no stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet."
SECTION 8. Said article is further amended by revising subsection (b) of Code Section 40-14-8, relating to when case may be made and conviction had, as follows:
"(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation or programs for care and supervision of students before school, after school, or during vacation periods as provided for under Code Section 202-65, in properly marked historic districts, and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. For purposes of this Code section, the term 'historic district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places or as defined by ordinance adopted pursuant to a local constitutional amendment."
SECTION 9. Said article is further amended by revising subsection (d) of Code Section 40-14-11, relating to investigations by the commissioner of public safety, issuance of order suspending or revoking a permit, and ratio of speeding fines to agency's budget, 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 35 percent of 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 20 miles per hour over the established speed limit and civil monetary penalties for speeding violations issued pursuant to Code Section 40-14-18 shall not be considered when calculating total speeding fine revenue for the agency."
SECTION 10. Said article is further amended by adding a new Code section to read as follows:
"40-14-18. (a) The speed limit within any school zone as provided for in Code Section 40-14-8 and marked pursuant to Code Section 40-14-6 may be enforced by using recorded
3934
JOURNAL OF THE HOUSE
images for violations which occurred during the time periods relative to normal hours of school operation and programs of care and supervision of students as provided for in Code Section 40-14-8 when such violations are in excess of ten miles per hour over the speed limit. (b) For the purpose of enforcement pursuant to this Code section:
(1) The driver of a motor vehicle shall be liable for a civil monetary penalty if such vehicle is found, as evidenced by recorded images, to have been operated in disregard or disobedience of the speed limit within any school zone and such disregard or disobedience was not otherwise authorized by law. The amount of such civil monetary penalty shall be $125.00, in addition to fees associated with the electronic processing of such civil monetary penalty which shall not exceed $25.00; provided, however, that for a period of 30 days after an automated traffic enforcement safety device is first introduced within a school system, other than an automated traffic enforcement safety device replacing a previously used automated traffic enforcement safety device, the driver of a motor vehicle shall not be liable for a civil monetary penalty but shall be issued a civil warning for disregard or disobedience of the speed limit within the school zone; (2) A law enforcement agency authorized to enforce the speed limit of a school zone shall send by first class mail addressed to the owner of the motor vehicle postmarked within 30 days after obtaining the name and address of the owner of the motor vehicle but no later than 60 days after the date of the alleged violation:
(A) A citation for the alleged violation, which shall include the date and time of the violation, the location of the infraction, the maximum speed at which such motor vehicle was traveling in recorded images, the maximum speed applicable within such school zone, the civil warning or the amount of the civil monetary penalty imposed, and the date by which a civil monetary penalty shall be paid; (B) An image taken from the recorded images showing the vehicle involved in the infraction; (C) A website address where recorded images showing the vehicle involved in the infraction and a duplicate of the information provided for in this paragraph may be viewed; (D) A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency authorized to enforce the speed limit of the school zone and stating that, based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of the speed limit in the marked school zone and that such disregard or disobedience was not otherwise authorized by law; (E) A statement of the inference provided by paragraph (4) of this subsection and of the means specified therein by which such inference may be rebutted; (F) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested through an administrative hearing; and
THURSDAY, MARCH 24, 2016
3935
(G) A warning that failure to pay the civil monetary penalty or to contest liability in a timely manner as provided for in subsection (d) of this Code section shall waive any right to contest liability; (3) Proof that a motor vehicle was operated in disregard or disobedience of the speed limit of the marked school zone shall be evidenced by recorded images. A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of the speed limit in the marked school zone and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and (4) Liability under this Code section shall be determined based upon a preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this Code section was operated in violation of the speed limit of the school zone, together with proof that the defendant was, at the time of such violation, the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle: (A) Testifies under oath in open court or submits to the court a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation and identifies the name of the operator of the vehicle at the time of the alleged violation; or (B) Presents to the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation. (c) A violation for which a civil warning or a civil monetary penalty is imposed pursuant to this Code section shall not be considered a moving traffic violation for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil warning or civil monetary penalty pursuant to this Code section shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (d) If a person issued and mailed a citation pursuant to subsection (b) of this Code section fails to pay the civil monetary penalty for the violation or has not filed a police report or notarized statement pursuant to paragraph (4) of subsection (b) of this Code section in no less than 30 nor more than 60 days after such mailing as determined and noticed by the law enforcement agency, the agent or law enforcement agency shall send to such person by first class mail a second notice of any unpaid civil monetary penalty, except in cases where there is an adjudication that no violation occurred or there is otherwise a lawful determination that no civil monetary penalty shall be imposed. The second notice shall include all information required in paragraph (2) of subsection (b) of this Code section and shall include a new date of return which shall be no less than 30 days after such mailing as determined and noticed by the law enforcement agency. If such person notified by second notice again fails to pay the civil monetary penalty or
3936
JOURNAL OF THE HOUSE
file a police report or notarized statement pursuant to paragraph (4) of subsection (b) of this Code section by the new date of return, such person shall have waived the right to contest the violation and shall be liable for the civil monetary penalty provided for under this Code section, except in cases where there is an adjudication that no violation occurred or there is otherwise a lawful determination that no civil monetary penalty shall be imposed. (e) Notices mailed by first class mail pursuant to this Code section shall be adequate notification of the fees and penalties imposed by this Code section. No other notice shall be required for the purposes of this Code section. (f) Any court having jurisdiction over violations of the speed limit in the school zone shall have jurisdiction over cases arising under this Code section and shall be authorized to impose the civil monetary penalty. The provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of the speed limit in the school zone shall apply to enforcement under this Code section, except as otherwise provided in this Code section; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (g) Recorded images made for purposes of this Code section shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (h) A civil warning or civil monetary penalty under this Code section on the owner of a motor vehicle shall not be imposed if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation."
SECTION 11.
By redesignating Section 4 as Section 12.
Representative Atwood of the 179th moved that the House agree to the Senate substitute, as amended by the House, to HB 736.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
N Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas E Drenner N Dudgeon
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 Jasperse
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson
Stovall N Stover E Strickland Y Tankersley Y Tanner
THURSDAY, MARCH 24, 2016
3937
Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler
Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman
Y Dukes N Dunahoo E 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 N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia N Lott Y Lumsden
Mabra Y Marin N Martin Y Maxwell
Mayo Y McCall Y McClain
Meadows
Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger N Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes E Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E
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 N Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 134, nays 27.
The motion prevailed.
HB 727. By Representatives Battles of the 15th, Turner of the 21st, Parsons of the 44th, LaRiccia of the 169th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48 of the O.C.G.A., relating to taxation of consumer fireworks, so as to provide for local excise taxation of consumer fireworks and the collection of such excise tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend the House amendment to HB 727 (AM 41 0218) by deleting all matter from said amendment from beginning to end and replacing with the following:
3938
JOURNAL OF THE HOUSE
Amend the Senate substitute to HB 727 (LC 41 0800S) by replacing line 11 with the following: corporations toward distributors; to revise licensing fees and requirements; to expand enforcement and
By replacing "January 31," with "May 1," on line 125.
By replacing line 172 with the following: (D) Any person, firm, corporation, association, or
By replacing lines 223 through 225 with the following: or (d) of Code Section 25-10-5.1.
By replacing "45" with "30" on lines 261, 263, 419, and 420.
By replacing lines 318 and 319 with the following: permanent consumer fireworks retail sales facility shall be $5,000.00 $1,500.00 per location, payable to the Safety Fire Commissioner; provided, however, that the initial license fee shall be $5,000.00 for a distributor that is not licensed pursuant to this subsection prior to July 1, 2016. Upon a finding that a distributor has
By replacing lines 386 through 392 with the following: (3) For at least one of the temporary consumer fireworks retail sales stands provided for under subparagraph (b)(6)(B) of Code Section 25-10-2, a A nonprofit group benefiting from the sale of consumer fireworks pursuant to this Code section from such temporary consumer fireworks retail sales stand shall directly participate in operating the such temporary consumer fireworks retail sales stand. It shall be unlawful for a nonprofit group or any agent or bona fide representative of a nonprofit group to knowingly lend the name of the nonprofit group or allow the identity of the nonprofit group to be used for the license under this subsection if such nonprofit group is not directly participating in operating, or benefiting from the operation of, such temporary consumer fireworks retail sales stand.
Representative Battles of the 15th moved that the House disagree to the Senate amendment to the House amendment to the Senate substitute to HB 727.
The motion prevailed.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Wilkinson of the 52nd.
THURSDAY, MARCH 24, 2016
3939
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 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.
HB 759. By Representatives Willard of the 51st and Morris of the 156th:
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 that certain activities by financial institutions shall not constitute the unauthorized practice of law; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 818. By Representatives Shaw of the 176th, Nimmer of the 178th, Fleming of the 121st, England of the 116th, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers' compensation, so as to change certain provisions relating to workers' compensation insurance, awards, benefits, and administration; to provide that administrative law judges are subject to the Georgia Code of Judicial Conduct; to change provisions related to an employer's duties to provide the State Board of Workers' Compensation with certain information; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 821. By Representatives Williams of the 168th, Frazier of the 126th, Smith of the 134th, Yates of the 73rd, Abrams of the 89th and others:
3940
JOURNAL OF THE HOUSE
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 applicable to professions and businesses, so as to require professional licensing boards and other boards to adopt rules and regulations implementing a process by which military spouses and transitioning service members may qualify for temporary licenses, licenses by endorsement, expedited licenses, or a combination thereof for each profession, business, or trade for which a license is issued; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 853. By Representatives Hawkins of the 27th, Cooper of the 43rd, Beverly of the 143rd, Weldon of the 3rd, Randall of the 142nd and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the "Coverdell-Murphy Act," so as to update the current system of levels of certified stroke centers to reflect advances in stroke treatment and therapy; to authorize the Department of Public Health to establish additional levels; to provide for national certification; to provide for rules and regulations to implement the provisions of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 900. By Representatives Cooper of the 43rd, Weldon of the 3rd, Hawkins of the 27th, Parrish of the 158th, Harden of the 148th and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, so as to authorize the retention of data base information for two years; to provide for delegates of prescribers and dispensers to access data base information under certain conditions; to revise language relating to subpoenas and search warrants; to provide for accessing data base information for purposes of investigation of potential abuse; to provide for the release of nonpatient specific data to the agency for instructional, drug abuse prevention, and research purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 916. By Representatives Hightower of the 68th, Welch of the 110th, McCall of the 33rd, Knight of the 130th, Petrea of the 166th and others:
A BILL to be entitled an Act to amend Code Section 26-4-118 of the O.C.G.A., relating to "The Pharmacy Audit Bill of Rights;" so as to remove an exception relating to certain audits conducted by the Department of Community Health; to amend Article 7 of Chapter 4 of Title 49 of the
THURSDAY, MARCH 24, 2016
3941
O.C.G.A., relating to medical assistance generally, so as to provide that clerical or other errors do not constitute a basis to recoup payments made by providers of medical assistance; to provide for a correction period; 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 clerical or other errors do not constitute a basis to recoup payments made by providers of medical assistance; to provide for a correction period; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 935. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Duncan of the 26th and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem tax, so as to add certain fulfillment centers to properties eligible for a freeport exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1085. By Representatives Dempsey of the 13th, England of the 116th, Parrish of the 158th, Cooper of the 43rd, Hatchett of the 150th and others:
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 transfer the oversight of such services to the Department of Community Health; to provide for the department to establish a community care unit within the Division of Medical Assistance; to delete certain provisions related to the implementation of a community care system; to provide for an annual community care plan to be incorporated into the State Plan for Medical Assistance; to change references to agency to department; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1108. By Representatives Shaw of the 176th, Corbett of the 174th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act to create the Waycross and Ware County Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to provide for the composition, qualifications, appointment, filling of vacancies, terms and limits thereon, officers, and compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1119. By Representatives Petrea of the 166th, Stephens of the 164th, Hitchens of the 161st, Stephens of the 165th and Gordon of the 163rd:
3942
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to abolish the office of elected county surveyor of Chatham County; to provide that the person currently serving as elected county surveyor shall serve the remainder of his or her term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1121. By Representatives Pezold of the 133rd and Buckner of the 137th:
A BILL to be entitled an Act to amend an Act to provide for a new charter for the City of Hamilton, approved April 10, 2014 (Ga. L. 2014, p. 4118), so as to change provisions related to residing or being a resident of the city to being domiciled in such city; to provide that the failure of the mayor to regularly attend city council meetings shall be considered forfeiture of office; to eliminate the position of the city manager; to transfer certain duties from the city manager to the mayor; to fix a cross-reference; to repeal conflicting laws; and for other purposes.
HB 1124. By Representative Pirkle of the 155th:
A BILL to be entitled an Act to reconstitute the Ocilla-Irwin County Industrial Development Authority; to provide for powers, authority, funds, purposes, and procedures connected therewith; to repeal the amendment to the Constitution of Georgia creating the previous Ocilla-Irwin County Industrial Development Authority; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1139. By Representatives Jasperse of the 11th and Meadows of the 5th:
A BILL to be entitled an Act to amend an Act to repeal and replace the Charter of the City of Fairmount, approved April 17, 1975 (Ga. L. 1975, p. 3136), as amended, so as to change the corporate limits of the city by annexing certain territory to the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1145. By Representatives Nix of the 69th, Trammell of the 132nd and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, so as to change the salaries of the judge of the state court and the solicitorgeneral of the state court; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 24, 2016
3943
HB 1146. By Representatives Kendrick of the 93rd, Mayo of the 84th, Williams of the 87th, Carter of the 92nd, Oliver of the 82nd 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 the regulation of land use; to provide for the completion of an audit by an outside auditor; to provide for purchases without sealed bid through an existing contract or schedule with a county, municipality, the State of Georgia or the federal government; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1147. By Representatives Dickey of the 140th and Clark of the 147th:
A BILL to be entitled an Act to amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), as amended, particularly by an Act approved May 11, 2009 (Ga. l. 2009, p. 4149), so as to revise the provisions regarding staff of the authority; to provide for the manner of appointment of a director; to provide for the duties of the director; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1149. By Representatives Williams of the 168th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p. 3542), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3661), so as to provide for reimbursement of expenses for the chairperson and members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1152. By Representative Dukes of the 154th:
A BILL to be entitled an Act to amend an Act establishing the Board of Commissioners of Seminole County, approved August 16, 1920 (Ga. L. 1920, p. 610), as amended, particularly by an Act approved March 2, 1978 (Ga. L. 1978, p. 3076), 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.
3944
JOURNAL OF THE HOUSE
The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:
SB 307. By Senators Beach of the 21st, Williams of the 19th, Butler of the 55th, Parent of the 42nd and Gooch of the 51st:
A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection, placement, or maintenance of unauthorized structures within rights of way of public roads and authorization of commercial advertisements by a transit agency, so as to provide for definitions relative to advertising; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend SB 307 (LC 39 1389S) by deleting lines 5 through 17 and inserting in lieu thereof the following: requirements of the article; to provide for related matters; to repeal conflicting laws; and for other purposes.
By deleting lines 53 through 123.
Representative Coomer of the 14th moved that the House agree to the Senate amendment to the House substitute to SB 307.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison N Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner
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 E Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England
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 Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick Y Raffensperger
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 E Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T
Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
THURSDAY, MARCH 24, 2016
3945
Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Epps Y Evans Y Fleming E Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
On the motion the ayes were 154, nays 11.
Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice Y Rogers, C Y Rogers, T Y Rutledge E Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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
The motion prevailed.
The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 24, 2016
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:
DEBATE CALENDAR
Modified Open Rule
HR 1093 HR 1367 HR 1577 HR 1605 SB 333
Joint Study Committee on Mental Illness Initiative, Reform, Public Health, and Safety; create (Substitute)(SRules-Alexander-66th) House Study Committee on the Pharmacy Benefits Managers Process; create (SRules-Taylor-173rd) (Substitute LC 34 4956S) House Study Committee on Georgia Minority Participation in the Film and Television Production Industry; create (SRules-Thomas-56th) House Study Committee on Regional Transit Solutions; create (SRules-Martin-49th) NonProfit Corporations; allow for a nonprofit corporation organized in foreign jurisdiction to change its jurisdiction of organization to this state (Judy-Fleming-121st) Kennedy-18th
3946
JOURNAL OF THE HOUSE
SR 883
Incentives for Financial Technologies and the Payment Processing Industry; create joint study committee (SRules-Turner-21st) Beach-21st
Modified Structured Rule
SB 114 SB 314 SB 355 SB 374 SB 385 SB 388
Advanced Practice Registered Nurses; number of advanced practice registered nurses a delegating physician enter a protocol agreement; provisions (Substitute)(H&HS-Cooper-43rd) Hufstetler-52nd Nurses; advanced nursing practices; revise certain provisions; provide for changes to roles and definitions (Substitute)(H&HS-Cooper-43rd) Unterman-45th "Student/Teacher Protection Act"; enact; end punitive testing consequences; related to federal, state, and locally mandated standardized assessments (Ed-Chandler-105th) Ligon, Jr.-3rd (AM 33 1667) "Quality Basic Education Act"; temporary exemption; financial reporting requirements for local school systems in federally authorized pilot program (Ed-Belton-112th) Tippins-37th Physicians; provide for certain requirements for advertisement or publication of representation of board certification by physicians (Substitute)(H&HS-Price-48th) Hill-32nd Bona Fide Coin Operated Amusement Machine; prohibit the removal of a sticker without authorization (Substitute)(RegI-Powell-32nd) Lucas-26th (Substitute LC 28 8099S)
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 388. By Senator Lucas of the 26th:
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 prohibit the removal of a sticker without authorization; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
THURSDAY, MARCH 24, 2016
3947
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 revise definitions; to provide for late fees for license renewals; to provide that licenses issued by the Georgia Lottery Corporation shall not be considered in granting or denying any other license or permit; to provide a fee for a duplicate sticker; to prohibit the removal of a sticker without authorization; to provide that noncash redemption earned by a player shall not be deemed revenue from Class B machines for certain purposes; to revise the penalties for improper placement of machines; to prohibit certain actions with regard to bona fide coin operated amusement machines; to provide that certain unfair methods of competition and unfair and deceptive acts shall be unlawful; to provide for the terms of certain agreements; to provide for service in cases of disputes between licensees and location owners or operators; to provide for default judgments in certain circumstances; to provide for delays in hearings for good cause; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, is amended by revising paragraph (3) of subsection (b) of Code Section 50-27-70, relating to legislative findings and definitions, and adding a new paragraph to read as follows:
"(3) 'Class A machine' means a bona fide coin operated amusement machine that is not a Class B machine, does not allow a successful player to carry over points won on one play to a subsequent play or plays, and:
(A) Provides no reward to a successful player; (B) Rewards a successful player only with free replays or additional time to play; (C) Rewards a successful player with noncash merchandise, prizes, toys, gift certificates, or novelties in compliance with the provisions of subsection (c) or paragraph (1) of subsection (d) of Code Section 16-12-35, and does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35; (D) Rewards a successful player with points, tokens, tickets, or other evidence of winnings that may be exchanged only for items listed in subparagraph (C) of this paragraph; or (E) Rewards a successful player with any combination of items listed in subparagraphs (B), (C), and (D) of this paragraph.
3948
JOURNAL OF THE HOUSE
Notwithstanding the provisions of Code Section 16-12-35 or any other Code section to the contrary, the permitted noncash redemption award on a per play basis for a Class A machine shall not exceed the wholesale value of $20.00." "(5.1) 'Gift certificate' or 'gift card' means an electronic payment device issued for a specific amount which:
(A) May or may not be increased in value or reloaded; (B) Is provided or loaded on a prepaid basis for the future purchase or delivery of any merchandise or services from single or multiple, unaffiliated merchants or service providers; (C) Is honored upon presentation but which cannot be exchanged for cash, change, or currency; and (D) Is available for sale on the premises."
SECTION 2. Said article is further amended by revising subsection (k) of 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, and adding a new subsection to read as follows:
"(a.3) Notwithstanding the provisions of Code Section 16-12-35 or any other Code section to the contrary, a location owner or location operator shall be permitted to allow a player of a bona fide coin operated amusement machine to redeem winnings for a gift certificate or gift card, as defined in Code Section 50-27-70, and the awarding of such gift certificate or gift card shall be a lawful act of in-store redemption." "(k) A renewal application filed on or after 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 for Class A licenses and $1,000.00 for Class B licenses. 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 license, as applicable, by complying with the requirements and procedures for obtaining an original license."
SECTION 3. Said article is further amended by revising Code Section 50-27-74, relating to right to notice and hearing, service of notice, and establishment of procedures, by adding a new subsection to read as follows:
"(d) At the time that a master licensee receives notice of a potential revocation of its master license as provided in this Code section, the master licensee shall be prohibited from assigning, selling, or otherwise transferring any of its contracts with location owners or location operators to any other master licensee or other person, and such prohibition shall remain in effect unless or until a final decision, not subject to further appeal, is rendered which does not result in the revocation of the master license. After a master license is revoked by final order and no other appeals are available, any
THURSDAY, MARCH 24, 2016
3949
contracts between a master licensee and a location owner or location operator for the providing of bona fide coin operated amusement machines shall be null and void. Nothing in this subsection shall prevent a location owner or location operator from exercising any contractual right to place machines of another master licensee in such location."
SECTION 4. Said article is further amended by revising subsection (d) of Code Section 50-27-78, relating to payment and collection of annual permit fee, permit stickers, and treatment of fees, and adding a new subsection to read as follows:
"(d) The corporation may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $50.00 $25.00 for each Class A machine and $125.00 for each Class B machine. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void." "(h) It shall be unlawful to remove or deface a sticker which is attached to a machine without authorization by the owner of the machine or the corporation. A violation of this subsection shall be a misdemeanor."
SECTION 5. Said article is further amended by revising paragraph (3) of subsection (a) and paragraph (1) of subsection (b) of 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, as follows:
"(3) 'Gross retail receipts' means the total revenue derived by a business at any one business location from the sale of goods and services and the commission earned at any one business location on the sale of goods and services but shall not include revenue from the sale of goods or services for which the business will receive only a commission. The sale of goods or services for which the business will receive only a commission shall not include the sale of any item which the business has purchased for resale. Revenue from shall not include the sale of goods and services at wholesale shall not be included." "(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 or noncash redemption that is earned by the player shall not be deemed revenue derived from Class B machines."
3950
JOURNAL OF THE HOUSE
SECTION 6.
Said article is further amended by revising subsection (b) of Code Section 50-27-87, relating to master licenses and requirements and restrictions for licensees, as follows:
"(b)(1) No bona fide coin operated amusement machine, its parts, or software or hardware shall be placed or leased in any location owner's or location operator's establishment except by a master licensee and only if the owner or agent of the location owner or location operator has entered into a written agreement with a master licensee for placement of the bona fide coin operated amusement machine. Beginning on July 1, 2013, no person with or applying for a location owner's or location operator's license shall have an interest in any person or immediate family member of a person with a master license, or doing business as a distributor, or manufacturer in this state. A location owner or location operator may sell a bona fide coin operated amusement machine to anyone except another location owner or location operator. Failure to adhere to this subsection shall result in a fine of not less than up to $50,000.00 and loss of the location owner's or location operator's license for a period of one to five years per incident and subject the location owner or location operator to the loss of any other state or local licenses held by the location owner or location operator. The corporation shall notify any state or federal agency that issues a license to such location owner or location operator of the breach of its duties under this article. (2) A copy of the written agreement shall be on file in the master licensee's and the location owner's and location operator's place of business and available for inspection by individuals authorized by the corporation.
(3)(A) 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. (B) Any agreement entered into or renewed after the effective date of this subparagraph shall be for at least one year. (C) Any applicant for a new location license for a location where machines have been placed at any time in the immediately preceding nine months shall either:
(i) Not place machines in such location for nine months from the date of the granting of the location license; or (ii) Formally accept an assignment of the written agreement between the master licensee and the immediately preceding location owner or location operator; provided, however, that the master licensee may refuse to assign the written agreement. For the purposes of division (ii) of this subparagraph, the master licensee is the master licensee that, in the nine months preceding the application for a new location license, had the last written agreement with the immediately preceding location
THURSDAY, MARCH 24, 2016
3951
owner or location operator or the master licensee that, in the nine months preceding the application for a new location license, had requested or commenced a hearing pursuant to Code Section 50-27-102, whichever had machines placed in the location first."
SECTION 7. Said article is further amended by revising paragraphs (2) and (4) of subsection (d) of Code Section 50-27-102, relating to role of corporation, implementation and certification, separation of funds and accounting, and disputes, as follows:
"(2) The corporation shall have jurisdiction of all disputes between and among any licensees or former licensees whose licenses were issued pursuant to this article relating in any way to any agreement involving coin operated amusement machines, distribution of funds, tortious interference with contract, other claims against a subsequent master license holder or location owner, or any other claim involving coin operated amusement machines; provided, however, that this paragraph shall not apply to any agreement which expired on or before April 10, 2013. Except as provided in paragraph (1) of this subsection, the corporation shall refer any dispute certified by any master licensee against any other master licensee or any location owner or location operator or by any location owner or location operator against any master licensee to a hearing officer. For the purpose of service on licensees with respect to disputes, each licensee or former licensee shall register and keep current with the corporation the name of an agent and his or her address and an email address which shall be made available to any licensee on request. Service by registered mail, courier delivery, or overnight mail delivered to the agent's registered address and to the email address shall be adequate service on the licensee for a hearing on the dispute. All disputes subject to the provisions of this Code section certified by a master licensee, location owner, or location operator 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 section, shall be shared equally between the parties in the dispute unless provided otherwise in the agreement or by the hearing officer; 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. If any party fails to timely pay the costs of the hearing officer's review within ten days of service of notice of costs by the hearing officer, the hearing officer shall grant a default judgment on liability against the nonpaying party. The hearing officer shall then consider evidence related to damages or any other relief and shall render judgment based upon a preponderance of the evidence." "(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 unless extended by the hearing officer for good cause shall the hearing officer conduct a hearing more than 90 days after he or she has been appointed or selected to decide the
3952
JOURNAL OF THE HOUSE
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."
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 following substitute, offered by Representative Powell of the 32nd, 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 a fee for a duplicate sticker; to prohibit the removal of a sticker without authorization; to provide that noncash redemption earned by a player shall not be deemed revenue from Class B machines for certain purposes; to revise the penalties for improper placement of machines; to prohibit certain actions with regard to bona fide coin operated amusement machines; to provide that certain unfair methods of competition and unfair and deceptive acts shall be unlawful; to provide for the terms of certain agreements; to provide for service in cases of disputes between licensees and location owners or operators; to provide for default judgments in certain circumstances; to provide for delays in hearings for good cause; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, is amended by revising Code Section 5027-74, relating to right to notice and hearing, service of notice, and establishment of procedures, by adding a new subsection to read as follows:
"(d) At the time that a master licensee receives notice of a potential revocation of its master license as provided in this Code section, the master licensee shall be prohibited
THURSDAY, MARCH 24, 2016
3953
from assigning, selling, or otherwise transferring any of its contracts with location owners or location operators to any other master licensee or other person, and such prohibition shall remain in effect unless or until a final decision, not subject to further appeal, is rendered which does not result in the revocation of the master license. After a master license is revoked by final order and no other appeals are available, any contracts between a master licensee and a location owner or location operator for the providing of bona fide coin operated amusement machines shall be null and void. Nothing in this subsection shall prevent a location owner or location operator from exercising any contractual right to place machines of another master licensee in such location."
SECTION 2. Said article is further amended by revising subsection (d) of Code Section 50-27-78, relating to payment and collection of annual permit fee, permit stickers, and treatment of fees, and adding a new subsection to read as follows:
"(d) The corporation may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $50.00 $25.00 for each Class A machine and $125.00 for each Class B machine. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void." "(h) It shall be unlawful to remove or deface a sticker which is attached to a machine without authorization by the owner of the machine or the corporation. A violation of this subsection shall be a misdemeanor."
SECTION 3. Said article is further amended by revising paragraph (3) of subsection (a) and paragraph (1) of subsection (b) of 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, as follows:
"(3) 'Gross retail receipts' means the total revenue derived by a business at any one business location from the sale of goods and services and the commission earned at any one business location on the sale of goods and services but shall not include revenue from the sale of goods or services for which the business will receive only a commission. The sale of goods or services for which the business will receive only a commission shall not include the sale of any item which the business has purchased for resale. Revenue from shall not include the sale of goods and services at wholesale shall not be included." "(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
3954
JOURNAL OF THE HOUSE
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 or noncash redemption that is earned by the player shall not be deemed revenue derived from Class B machines."
SECTION 4. Said article is further amended by revising subsection (b) of Code Section 50-27-87, relating to master licenses and requirements and restrictions for licensees, as follows:
"(b)(1) No bona fide coin operated amusement machine, its parts, or software or hardware shall be placed or leased in any location owner's or location operator's establishment except by a master licensee and only if the owner or agent of the location owner or location operator has entered into a written agreement with a master licensee for placement of the bona fide coin operated amusement machine. Beginning on July 1, 2013, no person with or applying for a location owner's or location operator's license shall have an interest in any person or immediate family member of a person with a master license, or doing business as a distributor, or manufacturer in this state. A location owner or location operator may sell a bona fide coin operated amusement machine to anyone except another location owner or location operator. Failure to adhere to this subsection shall result in a fine of not less than up to $50,000.00 and loss of the location owner's or location operator's license for a period of one to five years per incident and subject the location owner or location operator to the loss of any other state or local licenses held by the location owner or location operator. The corporation shall notify any state or federal agency that issues a license to such location owner or location operator of the breach of its duties under this article. (2) A copy of the written agreement shall be on file in the master licensee's and the location owner's and location operator's place of business and available for inspection by individuals authorized by the corporation.
(3)(A) 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. (B) Any agreement entered into or renewed after the effective date of this subparagraph shall be for at least one year. (C) Any applicant for a new location license for a location where machines have been placed at any time in the immediately preceding nine months shall either:
(i) Not place machines in such location for nine months from the date of the granting of the location license; or (ii) Formally accept an assignment of the written agreement between the master licensee and the immediately preceding location owner or location operator;
THURSDAY, MARCH 24, 2016
3955
provided, however, that the master licensee may refuse to assign the written agreement. For the purposes of division (ii) of this subparagraph, the master licensee is the master licensee that, in the nine months preceding the application for a new location license, had the last written agreement with the immediately preceding location owner or location operator or the master licensee that, in the nine months preceding the application for a new location license, had requested or commenced a hearing pursuant to Code Section 50-27-102, whichever had machines placed in the location first."
SECTION 5. Said article is further amended by revising paragraphs (2) and (4) of subsection (d) of Code Section 50-27-102, relating to role of corporation, implementation and certification, separation of funds and accounting, and disputes, as follows:
"(2) The corporation shall have jurisdiction of all disputes between and among any licensees or former licensees whose licenses were issued pursuant to this article relating in any way to any agreement involving coin operated amusement machines, distribution of funds, tortious interference with contract, other claims against a subsequent master license holder or location owner, or any other claim involving coin operated amusement machines; provided, however, that this paragraph shall not apply to any agreement which expired on or before April 10, 2013. Except as provided in paragraph (1) of this subsection, the corporation shall refer any dispute certified by any master licensee against any other master licensee or any location owner or location operator or by any location owner or location operator against any master licensee to a hearing officer. For the purpose of service on licensees with respect to disputes, each licensee or former licensee shall register and keep current with the corporation the name of an agent and his or her address and an email address which shall be made available to any licensee on request. Service by registered mail, courier delivery, or overnight mail delivered to the agent's registered address and to the email address shall be adequate service on the licensee for a hearing on the dispute. All disputes subject to the provisions of this Code section certified by a master licensee, location owner, or location operator 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 section, shall be shared equally between the parties in the dispute unless provided otherwise in the agreement or by the hearing officer; 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. If any party fails to timely pay the costs of the hearing officer's review within ten days of service of notice of costs by the hearing officer, the hearing officer shall grant a default judgment on liability against the nonpaying party.
3956
JOURNAL OF THE HOUSE
The hearing officer shall then consider evidence related to damages or any other relief and shall render judgment based upon a preponderance of the evidence." "(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 unless extended by the hearing officer for good cause 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."
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, 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 Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner
Y Cooke Y Coomer
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 N Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England
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 Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan N Kaiser
Kelley
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price 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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D
Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E N Trammell
THURSDAY, MARCH 24, 2016
3957
Y Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
Y Epps Y Evans N Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y 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
Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 153, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 385. By Senator Hill of the 32nd:
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 relative to physicians, assistants, and others, so as to provide for certain requirements for advertisement or publication of representations of board certification by physicians; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice relative to physicians, assistants, and others, so as to provide for certain requirements for advertisement or publication of representations of board certification by physicians; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3958
JOURNAL OF THE HOUSE
SECTION 1.
Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice relative to physicians, assistants, and others, is amended by adding a new Code section to read as follows:
"43-34-22.1. (a) No physician shall advertise or hold himself or herself out to the public in any manner as being certified or board certified in any specialty or subspecialty by a public or private board, including, but not limited to, a multidisciplinary board, unless:
(1) The advertisement or publication states the full name of the certifying board; and (2) Such certifying board either:
(A) Is a member board of the American Board of Medical Specialties, the American Board of Physician Specialties, or the American Osteopathic Association; or (B) Requires successful completion of a postgraduate training program approved by the Accreditation Commission for Graduate Medical Education or the American Osteopathic Association that provides complete training in the specialty or subspecialty certified, followed by prerequisite certification by the American Board of Medical Specialties, the American Board of Physician Specialties, or the American Osteopathic Association board for that training field, and further successful completion of an examination in the specialty or subspecialty certified. (b) The board may take any disciplinary action provided under subsection (b) of Code Section 43-34-8 upon a finding of any conduct in violation of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
Y Cooke Y Coomer
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 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 Jasperse
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle
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
THURSDAY, MARCH 24, 2016
3959
Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
Y Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner
Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser
Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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
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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Fludd of the 64th.
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 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
3960
JOURNAL OF THE HOUSE
providing special education services; to provide for program requirements; to 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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 802. By Representatives Teasley of the 37th, Tankersley of the 160th, Williams of the 119th, Ehrhart of the 36th, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to revise the deduction from income for contributions to savings trust accounts established pursuant to Article 11 of Chapter 3 of Title 20; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 1080. By Representatives Ramsey of the 72nd, Yates of the 73rd, Fludd of the 64th and Mabra of the 63rd:
A BILL to be entitled an Act to authorize the Magistrate Court of Fayette 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 repeal conflicting laws; and for other purposes.
HB 1137. By Representatives Cooke of the 18th and Kelley of the 16th:
A BILL to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner of Haralson County, approved March 21, 1958 (Ga. L. 1958, p. 2917), as amended, so as to modify the compensation of the tax commissioner; to provide that all fees, commissions, costs, and perquisites collected by the tax commissioner shall be the property of Haralson County; to modify the appointment and compensation of deputies and clerical staff; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1153. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for
THURSDAY, MARCH 24, 2016
3961
themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), as amended, particularly by an Act approved April 24, 2013 (Ga. L. 2013, p. 3654), so as to clarify the qualifications for participation in such health insurance program; to clarify who is covered under such provision; to provide limits on coverages offered; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 882. By Representatives Taylor of the 173rd, Smith of the 134th, Atwood of the 179th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to eliminate the foreign and alien insurer deposit requirement of securities eligible for the investment of capital funds in certain amounts at the discretion of the Commissioner; to provide for the elimination of newspaper publication by insurers of certain financial information and to provide proof of such publication to the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 895. By Representatives Mayo of the 84th, Dudgeon of the 25th, Evans of the 42nd and Casas of the 107th:
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 finance directors of charter schools to participate in initial and annual training in financially operating a charter school; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1138. By Representatives Cooke of the 18th and Kelley of the 16th:
A BILL to be entitled an Act to provide a homestead exemption from Haralson County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose income, together with the income
3962
JOURNAL OF THE HOUSE
of the spouse of such resident who resides within such homestead and excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The Speaker called the House to order for the purpose of receiving the Governor of Georgia, the Honorable Nathan Deal.
The Honorable Nathan Deal appeared upon the floor of the House and addressed the members.
The Speaker called the House to order.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
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.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to compensation for occupational disease, so as to allow a firefighter to show certain evidence as to the ordinary disease of life of cancer; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
THURSDAY, MARCH 24, 2016
3963
SECTION 1. Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to compensation for occupational disease, is amended by revising Code Section 34-9-280, relating to definitions, as follows:
"34-9-280. As used in this article, the term:
(1) 'Disablement' means the event of an employee becoming actually disabled to work, as provided in Code Sections 34-9-261, 34-9-262, and 34-9-263, because of occupational disease. (2) 'Occupational disease' means those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease or a risk factor for such disease, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensation all of the following:
(A) A direct causal connection between the conditions under which the work is performed and the disease; (B) That the disease followed as a natural incident of exposure by reason of the employment; (C) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment;
(D)(i) That the disease is not an ordinary disease of life to which the general public is exposed; or (ii) If the disease is cancer, which is otherwise considered an ordinary disease of life, that such employee is a firefighter, as defined in Code Section 25-4-2 or 45-981, and by a preponderance of the evidence, which shall include medical evidence, shows that the cancer is attributable to the firefighter's performance of his or her duties as a firefighter; and (E) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence. For the purposes of this paragraph, partial loss of hearing due to noise shall not be considered an occupational disease. Psychiatric and psychological problems and heart and vascular diseases shall not be considered occupational diseases, except where they arise from a separate occupational disease."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Gravley of the 67th moved that the House agree to the Senate substitute to HB 216.
On the motion, the roll call was ordered and the vote was as follows:
3964
JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton N Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson N Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
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 E Duncan Y Ealum Y Efstration N Ehrhart Y England
Epps Y Evans N Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden N Harrell N Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes N Houston Y Howard N Hugley Y Jackson Y Jasperse N Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd N Kirby N Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold E Pirkle Y Powell, A N Powell, J N Price Y Prince Y Pruett E Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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 N 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 N Wilkinson N Willard N Williams, A Y Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 146, nays 20.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendment to the following bill of the House:
HB 727. By Representatives Battles of the 15th, Turner of the 21st, Parsons of the 44th, LaRiccia of the 169th and Kaiser of the 59th:
THURSDAY, MARCH 24, 2016
3965
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48 of the O.C.G.A., relating to taxation of consumer fireworks, so as to provide for local excise taxation of consumer fireworks and the collection of such excise tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
HB 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 ForeignCountry 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 17-14-17 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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 911. By Representatives Duncan of the 26th, Watson of the 172nd, Harrell of the 106th, Buckner of the 137th, Powell of the 171st 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 sales and use tax, so as to provide for administration by the Department of Revenue of the exemption for agricultural machinery and equipment; to provide for a change to the qualifying amounts for the agricultural exemption; to provide for the separation of qualifying items at the point of sale; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
3966
JOURNAL OF THE HOUSE
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 883. By Representatives Taylor of the 173rd, Smith of the 134th, Atwood of the 179th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 37 of Title 33 of the O.C.G.A., relating to insurers rehabilitation and liquidation, so as to change certain provisions relating to insurers rehabilitation and liquidation; to change provisions related to reciprocal states and domiciliary liquidators; to provide for the Commissioner to transfer title under his or her control to a domiciliary receiver; to modify certain provisions relating to the rights of nonresident claimants in proceedings against domiciliary insurers; to change certain provisions relating to the rights of resident claimants in proceedings in other states against nondomiciliary insurers; to remove the use of reciprocal in superiority of order of distribution in liquidation proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 1093. By Representatives Alexander of the 66th, Chandler of the 105th, Dempsey of the 13th, Tanner of the 9th, Gravley of the 67th and others:
A RESOLUTION creating the Joint Study Committee on Mental Illness Initiative, Reform, Public Health, and Safety; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the House Study Committee on Mental Illness Initiative, Reform, Public Health, and Safety; and for other purposes.
WHEREAS, mental illness affects the emotional and behavioral well-being of individuals and conditions and disorders can include depression, bipolar disorder, anxiety disorder, and schizophrenia; and
WHEREAS, one in five adults experiences mental illness in some form in any given year. Data indicate that at least 1.4 million adults in Georgia have some form of mental illness; and
THURSDAY, MARCH 24, 2016
3967
WHEREAS, the National Alliance on Mental Illness reports that Georgia has close to 349,000 adults and about 111,000 children living with serious mental health conditions; and
WHEREAS, the Georgia Department of Corrections indicates that one in six prisoners has been diagnosed with a mental illness; and
WHEREAS, Mental Health America (MHA), formerly the National Mental Health Association, indicates the following:
(A) Georgia ranks twenty-ninth for adults with any mental illness with a total of 1,360,000; (B) Georgia ranks near the bottom in spending among state mental health agencies, at a rate of $59.00 per capita in fiscal 2013; (C) Georgia ranks thirty-seventh for uninsured adults (313,000) with any mental illness; (D) Georgia ranks last in the availability of mental health professionals with 1 for every 1,440 people; and
WHEREAS, local counties are able to implement accountability courts through the Georgia Council on Criminal Justice Reform resulting in mental health courts; and
WHEREAS, in 2015, data compiled by the Georgia Sheriffs' Association indicate that in 73 of 159 counties, law enforcement officials traveled nearly 2 million miles and spent more than 12,000 hours transporting mental health patients. This impedes law enforcement's availability to respond elsewhere within communities they serve; and
WHEREAS, the closing of mental hospitals has added to the increase of mentally ill adults housed in the local and county jails. Coupled with the decrease in state psychiatric hospital beds, this has forced law enforcement to maintain and treat mentally ill adults in the jails, rather than specialized facilities; and
WHEREAS, research indicates that when mental illness is treated appropriately with medication and supervision, patients can lead productive lives; and
WHEREAS, a study of initiatives, reforms, public health, and safety concerning mentally ill individuals in this state needs to be undertaken, including, but not limited to, a consideration of efforts in treating and supporting mentally ill individuals, community based housing, residential mental health facilities, and examining county and municipality infrastructures inclusive of residential and congregate care housing options.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: (1) Creation of House study committee. There is created the House Study Committee on Mental Illness Initiative, Reform, Public Health, and Safety.
3968
JOURNAL OF THE HOUSE
(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 one of the members as a 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) 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. (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, 2016.
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
N Cooke Coomer Cooper
Y Harden Y Harrell Y Hatchett
Y Metze Y Mitchell Y Morris
Y Smith, E Y Smith, L Y Smith, M
THURSDAY, MARCH 24, 2016
3969
Y Atwood Y Ballinger N Barr
Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Dickson Y Dollar Y Douglas E Drenner N Dudgeon Y Dukes Y Dunahoo E Duncan Y Ealum Y Efstration N Ehrhart Y England
Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hawkins Y Henson N Hightower
Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden
Mabra Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold E Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett E Quick N Raffensperger N Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T N Rutledge Y 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 Y Turner Y Waites Y Watson
Welch Weldon Y Werkheiser Y Wilkerson Y Wilkinson Willard Y Williams, A Y Williams, C Williams, E Y Williamson Y Yates Ralston, Speaker
On the adoption of the Resolution, by substitute, the ayes were 140, nays 18.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
House of Representatives Atlanta, Georgia 30334
Dusty Hightower
I wish to change my no vote on 1093 to yes.
/s/ Dusty Hightower 68
3970
JOURNAL OF THE HOUSE
House of Representatives Coverdell Legislative Office Building
Room 501 Atlanta, Georgia 30334
March 24, 2016
Mr. Bill Reilly, Clerk House of Representatives 309 State Capitol Atlanta, GA 30334
Dear Mr. Clerk:
On March 24, 2016 I inadvertently voted no on HR 1093 but I meant to vote yes. Please change my vote in the House Journal to a yes on HR 1093.
Sincerely,
/s/ Paulette Rakestraw Representative, District 19
PR/pg
The Speaker announced the House in recess until 9:15 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 passed by the requisite constitutional majority the following bill of the House:
HB 1003. By Representatives Ehrhart of the 36th, Evans of the 42nd, Wilkerson of the 38th, Dollar of the 45th, Parsons of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, so as to change provisions relating to the membership and terms
THURSDAY, MARCH 24, 2016
3971
of office of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 369. By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise the standard of compliance from explosion to ignition; to provide for definitions; 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 provide for further regulations by municipal corporations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:
HB 736. By Representatives Atwood of the 179th, Jones of the 167th, Petrea of the 166th, Stephens of the 164th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to provide for a special license plate promoting marine habitat conservation; to provide for related matters; to require a twothirds' majority vote for passage in accordance with constitutional requirements; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 887. By Representatives Efstration of the 104th, Ballinger of the 23rd, Quick of the 117th, Caldwell of the 131st, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Articles 3 and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings and termination of parental rights, respectively, so as to prioritize the placement of a child with a relative who is an adult or fictive kin when such individual is qualified to care for such child and it is in the best interests
3972
JOURNAL OF THE HOUSE
of the child; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 316. By Senators Gooch of the 51st, Mullis of the 53rd, Harper of the 7th, Beach of the 21st and Ginn of the 47th:
A BILL to be entitled an Act to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relative to bingo, so as to remove the daily permissible prize limitation while preserving the weekly permissible prize limitation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 779. By Representatives Tanner of the 9th, Lumsden of the 12th, Watson of the 172nd, Prince of the 127th and Broadrick of the 4th:
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 regulate the use of unmanned aircraft systems and images captured by such systems; to provide for definitions; to provide for exceptions; to provide for penalties and a civil right of action; to provide for venue; to amend Code Section 27-3-151 of the Official Code of Georgia Annotated, relating to activity prohibited in the taking of wildlife, so as to regulate the use of unmanned aircraft systems in connection to hunting and fishing; 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 727. By Representatives Battles of the 15th, Turner of the 21st, Parsons of the 44th, LaRiccia of the 169th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48
THURSDAY, MARCH 24, 2016
3973
of the O.C.G.A., relating to taxation of consumer fireworks, so as to provide for local excise taxation of consumer fireworks and the collection of such excise tax; to provide for related matters; to provide for an effective date; 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 amendment to the House amendment to the Senate substitute to HB 727 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, Maxwell of the 17th and Turner of the 21st.
HB 1004. By Representatives Jasperse of the 11th, Weldon of the 3rd, Powell of the 32nd, Maxwell of the 17th and Ballinger of the 23rd:
A BILL to be entitled an Act to amend Titles 15 and 44 of the O.C.G.A., relating to courts and property, respectively, so as to provide requirements for maps, plats, and plans to be filed for record; to provide for filing of electronic images of maps, plats, and plans; to provide for delivery of plats to the clerk of superior court; to change certain provisions relating to recordation and notations of plats; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Titles 15 and 44 of the Official Code of Georgia Annotated, relating to courts and property, respectively, so as to provide requirements and certifications for maps, plats, and plans to be filed for record; to provide for filing of electronic images of maps, plats, and plans; to provide for electronic processing by clerks of superior court; to provide a criminal penalty; to provide for public computer terminal access to electronic filing portal; to provide for rules and regulations; to change certain provisions relating to the indexing of maps or plots; to provide for recordation of real estate instruments; to provide for incorporation by reference to instruments recorded in the office of the clerk of superior court; to provide for recordation of plats in land registration proceedings; to provide for methods of filing condominium instruments with the clerk of superior court;
3974
JOURNAL OF THE HOUSE
to provide for delivery of plats to the clerk of superior court; to change certain provisions relating to recordation and notations of plats; 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. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-67, relating to recordation of maps and plats and specifications, as follows:
"15-6-67. (a) The clerk of superior court shall file and record in his or her office maps, or plats, and subdivision plats, and condominium plats, condominium site plans, condominium plot plans, and condominium floor plans presented in accordance with Code Section 44-3-83 relating to real estate in the county when submitted for filing as provided in this Code section and accompanied with any required filing fees or costs. (b) Maps or plats Each map, plat, or plan referred to in subsection (a) of this Code section to be filed and recorded in the office of clerk of superior court shall be prepared in accordance with the minimum standards and specifications adopted in the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors in conformance with the following requirements:
(1) Material Caption. Each map, plat, or plan page image shall have a caption which shall provide the following information:
(A) Any such maps or plats shall be a good legible copy or commercial print reproduced from an original. The county where the property lies; (B) The clerk shall enter manually or electronically the filing date, plat book number, and page number on the plats and shall cause the same information to be entered electronically on the digital copy presented for filing and shall return an original physical copy of the plat with the filing information on it to the land surveyor or the person filing the same for record. The clerk shall permanently retain the original physical and digital copy of the plat. Both the filing information and plat shall serve as evidence of the original drawing. The physical copy, the digital copy, or both may be displayed to the public in compliance with Code Section 15-668 Any city, town, municipality, or village wherein the property lies; (C) The names of all owners of the property; (D) If such plat is a subdivision plat, condominium plat, condominium site plan, condominium plot plan, or condominium floor plan; (E) The name of any subdivision if for a named subdivision clearly identified as such; (F) The name of any condominium if for a condominium plat, condominium site plan, condominium plot plan, or condominium floor plan; (G) The applicable units, pods, blocks, lots, or other subdesignations of any named subdivision or condominium;
THURSDAY, MARCH 24, 2016
3975
(H) The name or names of the developer or developers of any named subdivision or condominium; (I) All applicable land districts and land lots reflected on such map, plat, or plan; (J) The date of preparation or revision date; (K) The name, address, telephone number, and license or registration number of the land surveyor; and (L) If the map, plat, or plan has multiple pages, the page number for each applicable page; (2) Surveyor certification box. Each map, plat, or plan shall provide a box which contains the following language and the applicable certifications of the registered land surveyor required pursuant to subsection (c) of this Code section:
SURVEYOR CERTIFICATIONS As required by subsection (c) of O.C.G.A. Section 15-6-67, the Registered Land Surveyor hereby certifies that this map, plat, or plan has been approved for filing in writing by any and all applicable municipal, county, or municipal-county planning commissions or municipal or county governing authorities or that such governmental bodies have affirmed in writing that approval is not required. The following governmental bodies have approved this map, plat, or plan for filing: ____________________________________ Name and date (mm/dd/yyyy) ____________________________________ Name and date (mm/dd/yyyy) The following governmental bodies have affirmed that approval is not required: ____________________________________ Name and date (mm/dd/yyyy) ____________________________________ Name and date (mm/dd/yyyy) Such approvals or affirmations should be confirmed with the appropriate governmental bodies by any purchaser as to intended use of any parcel. The Registered Land Surveyor further certifies that this map, plat, or plan complies with the minimum standards and specifications of the State Board of Registration for Professional Engineers and Land Surveyors and the Georgia Superior Court Clerks' Cooperative Authority.
_______________________ Facsimile Signature (2)(3) Filing information box. Each image of a map, plat, or plan shall provide a box of not less than three inches square, if at full size, in the upper left-hand corner which shall be reserved for the clerk to append filing information; and Caption. Maps or plats shall have a title or name which shall be contained in the caption, and the caption shall also provide the following information:
(A) The county, city, town, or village, land district and land lot, and subdivision, if the property lies within a particular subdivision; (B) The date of plat preparation and the date of the field survey; (C) The scale, stated and shown graphically;
3976
JOURNAL OF THE HOUSE
(D) The name, address, telephone number, and registration number of the land surveyor or the statement that he or she is the county surveyor and is not required by law to be a registered surveyor; and (E) All reproductions of original maps or plats shall bear the original signature, in a contrasting color of ink, of the registrant placed across the registration seal in order to be a valid or recordable map or plat. The provisions of this subparagraph shall apply to all maps or plats that are sealed by a land surveyor which depict and describe real property boundaries. Maps and plats which do not meet the requirements of this subparagraph shall not be sealed nor recorded; (3) Size. Maps or plats shall not be less than 8 1/2 inches by 11 inches and not larger than 24 inches by 36 inches, provided that the clerk shall be authorized to file maps or plats in compliance with this subparagraph. When an original map or plat is submitted to the clerk for filing and recordation, the clerk shall be authorized to accept the plat for recordation only upon receiving a minimum of two properly signed reproductions of the original physical plat and a digital copy that has been created at full scale, properly signed and in an electronic format acceptable by the Georgia Superior Court Clerks' Cooperative Authority. The digital copy shall be submitted via media approved by the clerk. (c) If the plat meets the requirements of subsections (b) and (d) of this Code section, it shall be the duty of the clerk of superior court to file and record such plat and digital image of such plat. (4) Format. All images of maps, plats, or plans submitted for filing shall: (A) Comply with the minimum standards and specifications adopted in the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors; and (B) Be an electronic image of a single page certified and presented to the clerk electronically in conformance with all specifications set forth in any rules and regulations promulgated by the Georgia Superior Court Clerks' Cooperative Authority. (d)(c)(1) Whenever the municipal planning commission, the county planning commission, the municipal-county planning commission, or, if no such planning commission exists, the appropriate municipal or county governing authority prepares and adopts subdivision regulations, and upon receiving approval thereon by the appropriate governing authority, then no map, plat, or plan of subdivision of land within the municipality or the county shall be filed or recorded in the office of clerk of superior court of a county without: (A) Without the approval thereon of the municipal or planning commission, county planning commission, municipal-county planning commission, or appropriate municipal or county governing authority; and (B) Unless the registered land surveyor who prepares any such map, plat, or plan for filing certifies thereon that such map, plat, or plan has been approved for filing by all applicable governmental bodies. Such certification shall specifically state by name the governmental bodies that approved the filings and the dates such actions
THURSDAY, MARCH 24, 2016
3977
were taken. without such approval having been entered in writing on the plat by the secretary or other designated person of the municipal or county planning commission or governing authority. The clerk of superior court shall not file or record a plat of subdivision which does not have the approval of the municipal or county planning commission or governing authority as required by this subsection. (2) Notwithstanding any other provision of this subsection to the contrary, no approval of the municipal or planning commission, county planning commission, municipal-county planning commission, or, if no such planning commission exists, the appropriate municipal or county governing authority shall be required if no new streets or roads are created or no new utility improvements are required or no new sanitary sewer or approval of a septic tank is required. Any map, plat, or plan of survey containing thereon a certification from a licensed registered land surveyor that the provisions relative to this subsection do not require approval of the municipal, county, or municipal-county or county planning commission or appropriate municipal or county governing authority has affirmed in writing that approval is not required shall entitle said map, plat, or plan to record. Any licensed surveyor who fraudulently certifies that a plat of survey does not require the approval specified in this subsection shall be guilty of a misdemeanor be recorded, provided that such certification includes the name of the governmental bodies that affirmed that such approval is not necessary and the dates of such actions. (d) Any land surveyor who fraudulently makes any certification required under this Code section shall, upon conviction thereof, be guilty of a misdemeanor. (e) The clerk of superior court shall make available a public computer terminal which provides a filer access to the Georgia Superior Court Clerks' Cooperative Authority's electronic filing portal. (f) The Georgia Superior Court Clerks' Cooperative Authority shall have the power and authority to promulgate such rules and regulations deemed necessary or convenient for implementation of the provisions of this Code section. (g) The clerk of superior court shall be held harmless for the filing of any map, plat, or plan that fails to meet any requirement of this Code section."
SECTION 2. Said title is further amended by revising Code Section 15-6-68, relating to public access to maps and plats, as follows:
"(a) The clerk of each superior court shall provide books, binders, or any other alternative system, either manual or electronic, for providing public access to maps, and plats, and plans. For all electronic images of plats submitted to the clerk on or after July 1, 2012, the clerk shall provide necessary equipment for printing either an entire full-size copy of each recorded plat or copies of sections of each entire recorded plat, printed in full scale. (b) The clerk of superior court shall provide an electronic, computer-based indexing system in which shall be indexed all maps, subdivision plats, condominium plats, and other plats, condominium site plans, condominium plot plans, and condominium floor
3978
JOURNAL OF THE HOUSE
plans or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts. (c) In counties of this state that are divided into land lots, the clerk of superior court shall provide an electronic, computer-based system for maintaining and searching a record for each land lot and land district by listing all surveys made for each lot and where they are recorded. (d) The clerk shall electronically note the date and time of the filing of a plat for record on the face of the plat filing date, book, and page numbers on the image and shall electronically transmit a copy of the map, plat, or plan with such filing information to the email address of the person filing the same for record."
SECTION 3. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising paragraph (4) of subsection (b) of Code Section 44-2-2, relating to duty of clerk to record certain transaction affecting real estate and personal property, priority or recorded instruments, and effect of recording on rights between parties to instruments, as follows:
"(4) When indexing maps or plats relating to real estate in the county, the clerk of superior court shall index the names or titles provided in the caption of the plat, as required by paragraph (2) of subsection (b) of Code Section 15-6-67, as both the grantor and grantee."
SECTION 4. Said title is further amended by revising Code Section 44-2-25, relating to recording techniques and photostatic copies of plats, as follows:
"44-2-25. All decrees, deeds, mortgages, or other instruments affecting the title to land shall be recorded by the clerk of the superior court by the use of printing, typewriting, handwriting in ink, photostating, or photographing, which record shall be clear, legible, and permanent. The record may be made by any one or more of such methods in such a manner so as to provide a permanent record of such instruments. It shall be lawful to make a photostatic copy or copies of any plats, blueprints, or other copies of plats that are already of record in the clerk's office. These copies or photostatic copies thereof shall serve all purposes and shall be as authentic as the originals."
SECTION 5. Said title is further amended by revising Code Section 44-2-26, relating to recording of plat or copy of plat, when and where authorized, and duty of clerk, as follows:
"44-2-26. The owner of real property or of any interest therein or any holder of a lien thereon may have file a plat of the property or a blueprint, tracing, digital copy, or other copy of a
THURSDAY, MARCH 24, 2016
3979
plat of the property recorded and indexed in the office of the clerk of the superior court of the county in which the property or any part thereof is located. It shall be the duty of the clerk to record and index any plat or any blueprint, tracing, digital copy, or other copy of the plat that conforms with Code Section 15-6-67."
SECTION 6. Said title is further amended by revising Code Section 44-2-27, relating to recording of plat or copy of plat and when deemed recorded, as follows:
"44-2-27. When any plat or any blueprint, tracing, photostatic copy, or other copy of the plat is securely pasted or fastened in the book provided by the clerk for that purpose, such pasting or fastening is filed by the clerk of superior court, such filing shall be deemed a recording of the plat."
SECTION 7. Said title is further amended by revising Code Section 44-2-28, relating to recording of plat or copy of plat and incorporation by reference, as follows:
"44-2-28. When any deed, mortgage, or other instrument conveying an interest in or creating a lien on real property refers to the boundaries, metes, courses, or distances of the real estate delineated or shown on any plat of the property or on any blueprint, tracing, photostatic or digital copy, or other copy of the plat which has been recorded as authorized in Code Section 44-2-26 and when the deed, mortgage, or other instrument states the office, book, and page of recordation of the plat or of the blueprint, tracing, photostatic or digital copy, or other copy of the plat, the reference shall be equivalent to setting forth in the deed, mortgage, or other instrument the boundaries, metes, courses, or distances of the real estate as may be delineated or shown on the plat or on the blueprint, tracing, photostatic or digital copy, or other copy thereof."
SECTION 8. Said title is further amended by revising Code Section 44-2-237, relating to recordation and notation of plat, attaching certified copy to certificate, and fee, as follows:
"44-2-237. Whenever a plat of the premises which is too large or too intricate for easy transcription on the register of decrees of title or on the certificate of title is a part of the description of the lands or is used to aid description, it shall not be necessary for the clerk to copy such plat on the register of decrees of title or on the certificate of title. In lieu of copying such plat, the clerk shall record it in one of the public record books in his office and shall note its existence together with a reference to the book and page where recorded. If the holder of the owner's certificate desires a copy of the plat to be attached as a part of his owner's certificate, the clerk shall make a certified copy and attach it upon payment of the fee provided for in paragraph (2) of subsection (f) of Code Section 15-6-77."
3980
JOURNAL OF THE HOUSE
SECTION 9.
Said title is further amended by revising Code Section 44-3-74, relating to recording condominium instruments, plats, plans, and encumbrances and record books, as follows:
"44-3-74. (a) The declaration and any amendments thereto shall be entitled to recordation if executed in the manner required for recording deeds to real property. All condominium instruments and any amendments and certifications thereto shall set forth the name of the condominium; the name of the county or counties in which the condominium is located; and, except for the declaration itself, the deed book and page number where the first page of the declaration is recorded or the document number assigned to the declaration upon its recordation. All condominium instruments and all amendments and certifications thereto shall be recorded in every county where any portion of the condominium is located. The recordation shall not require the approval of any county or municipal authority or official except as to the manner of execution prescribed by this Code section. (b) In addition to the records and indexes required to be maintained by the The clerk of the superior court, such clerk shall continue to maintain one or more separate plat books, entitled 'Condominium Plat Book,' in which shall be recorded all plats required to be filed pursuant to this article. In addition to such plats, there shall also be entitled to be recorded in such plat books other plats, including site plans and plot plans, prepared by a registered land surveyor and affecting any condominium; but the same shall not constitute the recording of a plat pursuant to Code Section 44-3-83 unless they comply with all requirements thereof. The record of the declaration and of any amendment thereto shall contain a reference to the plat book and page number of the plat or plats recorded in connection therewith any legacy condominium plats books, condominium site plan books, condominium plot plan books, or condominium floor plan books that currently exist either in their current form or in electronic format. (c) The plans required to be recorded pursuant to Code Section 44-3-83 shall be kept by the clerk of the superior court in a separate file for each condominium and shall be indexed in the same manner as a conveyance entitled to record, numbered serially in the order of receipt, each designated 'Condominium Plans,' with the name of the condominium, and each containing a reference to the deed book and page number where the first page of the declaration is recorded or the document number assigned to the declaration upon its recordation. The record of the declaration and of any amendment thereto shall contain a reference to the file number of the plans recorded in connection therewith. (d)(c) All deeds, mortgages, liens, leases, and encumbrances of any kind affecting any condominium unit or duplicate originals thereof or copies thereof certified by the clerk of the superior court in whose office the same are first recorded shall be recorded in all counties in which any part of the submitted property is located."
THURSDAY, MARCH 24, 2016
3981
SECTION 10.
Said title is further amended by revising Code Section 44-13-13, relating to appointment of appraisers upon filing of objections, examination and valuation of property, alterations in plat and schedule, approval and recordation, and appeal, as follows:
"44-13-13. Upon an objection being made as provided for in Code Section 44-13-12, unless the applicant shall so alter the schedule or plat or both as to remove the objections, the judge of the probate court shall appoint three disinterested appraisers to examine the property concerning which the objections are made and to value the same. On the appraisers' return under oath, if either the schedule or the plat shall be found to be too large, such alterations shall be made in the schedule and in the plat as the judge may deem proper to bring them within the limits of the value allowed by this article. Thereafter, the judge shall approve the schedule and the plat as required by Code Section 44-13-11 and shall hand cause the same to be delivered to the clerk of the superior court of his or her county who shall record the schedule and plat as required by Code Section 44-13-11. Either party dissatisfied with the judgment shall have the right to appeal under the same rules, regulations, and restrictions as are provided by law in cases of appeals from the probate court."
SECTION 11. This Act shall become effective on January 1, 2017.
SECTION 12. 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 1004.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Atwood
Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan
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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons
Peake Y Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price
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
3982
JOURNAL OF THE HOUSE
Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman
Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon
Gravley Y Greene
Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows
Y Prince Y Pruett
Quick Y Raffensperger Y Rakestraw
Ramsey Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y 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
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 159, nays 0.
The motion prevailed.
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.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to authorize a pilot program for the 2016-2017 school year to provide for consolidated federal, state, and local funds; to provide for the purposes of the pilot program; to provide for temporary waivers of certain financial reporting requirements for pilot school
THURSDAY, MARCH 24, 2016
3983
systems; to provide for reports on the pilot program; to provide for automatic repeal; 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; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise provisions relating to standards for local school board members; to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide for written notice prior to applying for certain grants affecting education policy regarding pre-kindergarten through grade 12 education; to provide for a short title; to provide for a definition.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-49, relating to standards for local school board members, as follows:
"20-2-49. The General Assembly finds that local boards of education play a critical role in setting the policies that lead to the operation and success of local school systems. School board members hold special roles as trustees of public funds, including local, state, and federal funds, while they focus on the singular objective of ensuring each student in the local school system receives a quality basic education enabling the student to fulfill his or her God-given potential and equipping him or her for full citizenship in our constitutional republic. Board duties require specialized skills and training in the performance of vision setting, policy making, approving multimillion dollar budgets, and hiring a qualifies superintendent. The motivation to serve as a member of a local board of education should be the improvement of schools, which should include maintaining accreditation, and the academic achievement of all students, and the effective representation of parents' and other constituents' interests in the operation of the local school system. Service on a local board of education is important citizen service. Given service and representation, given the specialized nature and unique role of membership on a local board of education., this elected office should be characterized and treated differently from other elected offices where the primary duty is independently to represent constituent views. Local board of education members should abide by
3984
JOURNAL OF THE HOUSE
SECTION 1A. Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, is amended by adding a new Code section to read as follows:
"20-1-11. (a) This Code section shall be known and may be cited as the 'Transparency in Education Act.' (b) As used in this Code section, the term 'grant' means any competitive grant over $20 million. (c) Any department, agency, or official of the state applying for a grant pertaining to or affecting pre-kindergarten through grade 12 education which would result in the establishment or alteration of education policy for public education in this state shall, at least 30 days prior to submitting the grant application, provide a written analysis of the following to all members of the Senate Education and Youth Committee and the House Committee on Education:
(1) Long-term projections of unfunded costs resulting from the implementation of the grant for both the state and local boards of education, with projections covering at least three years after the expiration of the grant period; (2) The impact on state and local education policy, including any resulting line of accountability or transfer of governing control of any aspect of education from state or local officials to any entity inside or outside this state, whether the federal government, a private corporation or association, or any other entity; (3) The purpose and effect of the grant program, including its effect on and interrelationship with any existing education program or policy currently operating within this state; (4) All compliance mandates and policy directives associated with satisfying the terms of the grant; and (5) Any laws that must be passed or rescinded to comply with the terms of the grant, including budgetary considerations."
SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 4 of Article 6 of Chapter 2, relating to financing under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-172. (a) For the 2016-2017 school year only, the Department of Education shall be authorized to conduct a pilot program in which local school systems participating in the pilot program consolidate federal, state, and local funds to support a school-wide program, as allowed by 20 U.S.C. Section 6314(a)(1). (b) The purpose of the pilot program shall be to:
(1) Determine whether state fiscal and accounting barriers can be modified or eliminated so that schools can easily consolidate federal, state, and local funds to
THURSDAY, MARCH 24, 2016
3985
improve educational opportunities and reduce fiscal and accounting requirements, as provided in Section 1005 of the federal Every Student Succeeds Act; (2) Demonstrate that consolidation of funds creates flexibility to more effectively upgrade the entire educational program of a Title I school, with a focus on academically struggling students; (3) Simplify the consolidated application and accelerate the approval of the application and disbursement of federal program funds; (4) Demonstrate the benefit of not having to identify individual services as supplementary or track individual expenditures by the federal program; (5) Simplify time and effort relative to documentation; (6) Determine how state financial reporting requirements can be changed to accommodate local school systems that may want to consolidate funds in future years; (7) Study various methodologies that might be used by local school systems to demonstrate, in accordance with Section 1012 of the federal Every Student Succeeds Act, within two years of the enactment of such federal act, that the methodology used to allocate state and local funds to each school ensures that each such school receives all of the state and local funds it would otherwise receive if it were not receiving assistance under Title I; (8) Assist the department in identifying important issues that will help the department optimize the new Title I plan that it will submit to the United States Department of Education as required by the federal Every Student Succeeds Act; and (9) Identify any other objectives by the department and the local school systems participating in the pilot program that arise during the pilot program. (c) To allow the department flexibility in operating the pilot program for the 20162017 school year, notwithstanding any other provision of law to the contrary, the State Board of Education shall be authorized to waive or provide variances to provisions of this title and state board rules, to the extent reasonably necessary, regarding financial reporting requirements, including but not limited to Code Sections 20-2-320, 20-2-321, 20-14-33, and 20-14-34 and any rule promulgated by the State Board of Education regarding financial reporting requirements, to implement the pilot program in accordance with the purposes established pursuant to subsection (b) of this Code section, allowing, in particular, the pilot school systems to submit financial reports based on consolidated funds rather than segregating state and local funds from the consolidated pool. (d) The department shall be authorized to add one or more data elements to the certified/classified personnel information data collection procedure for the purpose of allowing the pilot school systems to report personnel paid from a consolidated pool of funds in a manner that will allow the school system to receive the correct amount of state dollars for training and experience and insurance premiums for the state health benefit plan. The department shall be further authorized to modify other financial reporting requirements as may be necessary to achieve the purposes of the pilot program.
3986
JOURNAL OF THE HOUSE
(e) The department and the pilot school systems shall continue to comply with all federal laws, regulations, and reporting requirements. (f) During the pilot program, the department and the pilot school systems shall jointly report each month to the State Board of Education concerning the progress of the pilot program, including an assessment of risks and benefits. The State Board of Education shall be authorized to approve additional waivers of state requirements that may be reasonably necessary to meet the goals of the pilot program. (g) On or before February 15, 2017, the department and the pilot school systems shall jointly report to the Senate Education and Youth Committee and the House Committee on Education the progress of the pilot program and any recommendations for legislative changes. (h) This Code section shall stand repealed in its entirety on December 31, 2017."
SECTION 3. Said title is further amended in Article 2 of Chapter 14, relating to education accountability assessment programs, by adding a new part to read as follows:
"Part 3A
20-14-45. The intent of this part is to provide transparency and accuracy of financial information at the school system and school levels, to the greatest extent practicable. It is the intent of the General Assembly that local school systems and schools provide ready access to all financial information not specifically made confidential by law to the public.
20-14-46. As used in this part, the term 'office' means the Office of Student Achievement.
20-14-47. (a) Each local board of education and each state charter school shall make readily accessible to the public the following school site budget and expenditure information for each school not specifically made confidential by law:
(1) The cost of all materials, equipment, and other nonstaff support; (2) Salary and benefit expenditures for all staff; (3) The cost of all professional development, including training, materials, and tuition provided for instructional staff on an annual basis; (4) The total cost of facility maintenance and small capital projects; and (5) The cost of new construction or major renovation reported on a cost-per-squarefoot basis, based on the school system facility plan. (b) Each local board of education shall make readily accessible to the public the following school system level information: (1) The annual budget of the local board of education; (2) Annual audits conducted on the finances of the local board of education;
THURSDAY, MARCH 24, 2016
3987
(3) Ratios of expenditures to revenues; (4) The total dollar amount of local property tax revenue the school system is authorized to collect in addition to the total program mill levy; and (5) The total dollar amount of all other tax revenue that is collected by the school system. (c) Each local school system and each state charter school which maintains a website shall post in a prominent location on its website the following preexisting information or a link to where such information can be found: (1) The annual budget submitted to the State Board of Education pursuant to subsection (c) of Code Section 20-2-167; (2) The annual personnel report prepared by the state auditor pursuant to Code Section 50-6-27; (3) The most recent audit conducted by the Department of Audits and Accounts pursuant to subsection (a) of Code Section 50-6-6 and any additional independent audit conducted pursuant to subsection (b) of Code Section 50-6-6; (4) Any findings of irregularities or budget deficits reported by the Department of Audits and Accounts pursuant to Code Section 20-2-67; and (5) For a local board of education which imposes a sales tax for educational purposes pursuant to Part 2 of Article 3 of Chapter 8 of Title 48, the information required pursuant to Code Section 48-8-141 as provided to the Department of Audits and Accounts for posting on such department's searchable website pursuant to subsection (g) of Code Section 50-6-32. (d) Each public school which maintains a website shall post in a prominent location on its website links to the following information: (1) The financial efficiency ratings for the school published by the office pursuant to Code Section 20-14-34; and (2) The webpage where the local school system posted the information listed in paragraphs (1) through (5) of subsection (c) of this Code section.
20-14-48. (a) No later than January 1, 2017, the State Board of Education shall develop rules and regulations requiring that each local board of education and each state charter school provide information for their respective schools as specified by the state board and which is not specifically made confidential by law, including school site budget and expenditure information. Such rules and regulations shall include a template and definitions of budget and expenditure categories and line items. (b) As soon as is practicable but no later than October 31, 2017, each local board of education and each state charter school shall publish in a prominent location on their respective websites the school site budget and expenditure information for their respective schools specified by the state board pursuant to subsection (a) of this Code section utilizing the template and definitions of budget and expenditure categories and line items established by the state board for the most recent fiscal year.
3988
JOURNAL OF THE HOUSE
20-14-49. (a) The office shall report the percentage of students with each state funded characteristic included in Code Section 20-2-161 at the school and school system level. (b) If funding is available, as determined by the Office of Planning and Budget, the office shall create and publish an online sortable list for each school and school system on per student expenditures used to determine the financial efficiency rating calculated by the office pursuant to Code Section 20-14-33. (c) The office shall report the relative financial performance of schools and school systems. (d) The Department of Education shall publish annually on its website all underlying fiscal data that informs the financial efficiency rating calculated by the office pursuant to Code Section 20-14-33 and an explanation of the fiscal data that informs the financial efficiency rating on a disaggregated basis. (e) All state and local government entities, including the Department of Education, Department of Audits and Accounts, Office of Planning and Budget, the office, and local school systems shall cooperate with and assist each other in complying with this part."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Belton of the 112th offers the following amendment:
Amend the Senate substitute to HB 659 (HB 659/SCSFA/1) by striking lines 39 and 40 and inserting in lieu thereof the following: where the primary duty is independently to represent constituent views. Local board of education members should abide by a code of conduct and conflict of interest policy modeled for their unique roles and responsibilities. And although Although there are many measures of the success of a local board of education, one is clearly essential: maintaining accreditation and the opportunities it allows the school system's students."
Representative Belton of the 112th moved that the House agree to the Senate substitute, as amended by the House, to HB 659.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Atwood Y Ballinger Y Barr
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Y Metze 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
THURSDAY, MARCH 24, 2016
3989
Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 E Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon E Gravley Y Greene
Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows
Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett E Quick Y Raffensperger Y Rakestraw
Ramsey Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge E 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
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 motion, the ayes were 162, nays 0.
The motion prevailed.
HB 1043. By Representatives Kelley of the 16th and Cooper of the 43rd:
A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to vaccine protocol agreements, so as to exempt activities conducted by a hospital or health system with respect to influenza vaccinations from certain requirements; to provide for 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
3990
JOURNAL OF THE HOUSE
To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice relative to physicians, assistants, and others, so as to provide for certain requirements for advertisement or publication of representations of board certification by physicians; to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to vaccine protocol agreements, so as to revise a provision relating to taking the case history of a vaccine recipient; to exempt activities conducted by a hospital or health system with respect to influenza vaccinations from certain requirements; to provide for conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 0.1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice relative to physicians, assistants, and others, is amended by adding a new Code section to read as follows:
"43-34-22.1. (a) No physician shall advertise or hold himself or herself out to the public in any manner as being certified or board certified in any specialty or subspecialty by a public or private board, including, but not limited to, a multidisciplinary board, unless:
(1) The advertisement or publication states the full name of the certifying board; and (2) Such certifying board either:
(A) Is a member board of the American Board of Medical Specialties or the American Osteopathic Association; or (B) Requires successful completion of a postgraduate training program approved by the Accreditation Commission for Graduate Medical Education or the American Osteopathic Association that provides complete training in the specialty or subspecialty certified, followed by prerequisite certification by the American Board of Medical Specialties or the American Osteopathic Association board for that training field, and further successful completion of an examination in the specialty or subspecialty certified. (b) The board may take any disciplinary action provided under subsection (b) of Code Section 43-34-8 upon a finding of any conduct in violation of this Code section.
SECTION 1. Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to vaccine protocol agreements, is amended by revising paragraph (3) of subsection (d) and subsection (o) as follows:
"(3) Require the pharmacist or nurse to take a complete an appropriate 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;"
THURSDAY, MARCH 24, 2016
3991
"(o)(1) 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. (2) Except as otherwise provided in paragraph (1) of this subsection, any activities conducted by a hospital or health system for the administration of the influenza vaccine shall not be subject to paragraphs (5) through (9), (15), or (16) of subsection (d) of this Code section as long as the following conditions are met:
(A) A signed and dated consent form by which the vaccine recipient consents to the administration of the vaccine is obtained; (B) If the vaccine recipient is a patient within the hospital or health system, the administration of the influenza vaccine shall be noted in such patient's health record maintained by the hospital or health system, including, but not limited to, the administering pharmacist's or nurse's name, address, telephone number, and professional license number; the name, dose, manufacturer, and lot number of the vaccine; and the date of administration and injection site; (C) If the vaccine recipient is not a patient within the hospital or health system, 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 injection site on the vaccine recipient, 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, and written information developed by the Department of Public Health on the importance of having and periodically seeing a primary care physician shall be provided to the vaccine recipient; and (D) If requested by the patient, the influenza vaccine shall be administered in an area or location with portable screening, at a minimum. As used in this paragraph, the term 'health system' means (i) a parent corporation of one or more hospitals and any entity affiliated with such parent corporation through ownership, governance, membership, or other means; or (ii) a hospital and any entity affiliated with such hospital through ownership, governance, membership, or other means."
SECTION 2. 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 1043.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Atwood
Y Cooke Y Coomer Y Cooper Y Corbett
Y Harden Harrell
Y Hatchett Y Hawkins
Y Metze Y Mitchell Y Morris
Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
3992
JOURNAL OF THE HOUSE
Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y 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 E Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon E Gravley Y Greene
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett E Quick Y Raffensperger Y Rakestraw
Ramsey Randall Y Reeves Y Rhodes Rice Y Rogers, C Y Rogers, T Y Rutledge E Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 motion, the ayes were 158, nays 0.
The motion prevailed.
HB 811. By Representatives Williamson of the 115th, Powell of the 171st, Brockway of the 102nd, Morris of the 156th, England of the 116th and others:
A BILL to be entitled an Act to extensively amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to update, modernize, and streamline numerous Code sections to provide for efficient regulation of banks, trust companies, credit unions, merchant acquirer limited purpose banks, and the mortgage lending industry; to update and eliminate certain provisions to comply with federal law; to update certain provisions to comply with federal court decisions; to revise powers and duties of the Department of Banking and Finance; to delete all appearances of and references to the term "building and loan associations"; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 24, 2016
3993
The following Senate amendment was read:
The Senate moves to amend HB 811 by Amending to HB 811 by adding the following after line 1541 a new section 8-2 as follows:
Products authorized under O.C.G.A. 44-12-130 et seq. that are subject to rules adopted under the authority of 12 USC 5491 et seq. may be offered for a fixed term so long as such products are fully amortized by the end of such term. Provisions of title 7, chapter 4 shall not be applicable if such products adhere to limits set forth in 44-12-130.
The following amendment was read and adopted:
Representative Williamson of the 115th offers the following amendment:
Amend the Senate amendment to HB 811 (HB 811/CSFA) by striking all language from beginning to end.
Representative Williamson of the 115th moved that the House agree to the Senate amendment, as amended by the House, to HB 811.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison
Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly
Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson
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 E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans E Fleming E Floyd Y Fludd
Frazier
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 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 Lott
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold E Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett E Quick Y Raffensperger Y Rakestraw
Ramsey Randall Y Reeves Y Rhodes Rice
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 Weldon Y Werkheiser
3994
JOURNAL OF THE HOUSE
Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rogers, C Rogers, T
Y Rutledge E 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 156, nays 1.
The motion prevailed.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
HB 851. By Representative Atwood of the 179th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to require an annual audit of the financial affairs, books, and records of boards of trustees of the county law library; to provide for publication of such audit; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 206. By Senator Ligon, Jr. of the 3rd:
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 revise provisions relating to water liens; to provide for procedures for water liens, amended water liens, and cancellation of water liens and the forms therefor; to provide for bonds; to provide for contest of liens; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 416. By Senators Cowsert of the 46th, Harbison of the 15th, Harper of the 7th, Thompson of the 14th and Dugan of the 30th:
THURSDAY, MARCH 24, 2016
3995
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia Information Sharing and Analysis Center within the Georgia Bureau of Investigation; to provide for a fusion center for the sharing and analysis of homeland security activity information; to provide for definitions; to provide for operations and responsibilities; to provide for membership; to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to Georgia Emergency Management Agency created, director, staff, offices, director's duties, and disaster coordinator, so as to expand the duties of the director of emergency management; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 962. By Representatives Abrams of the 89th, Dempsey of the 13th, Benton of the 31st, Hugley of the 136th, Sharper of the 177th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Services generally, so as to provide for the creation, appointment, removal, and duties of a kinship care enforcement administrator; to provide a definition; 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 166. By Representatives Yates of the 73rd, Powell of the 32nd, Harbin of the 122nd, Smith of the 125th and Kaiser of the 59th:
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.
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
3996
JOURNAL OF THE HOUSE
SB 308. 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 Title 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Positive Alternatives for Pregnancy and Parenting Grant Program; to provide for a purpose; to provide for definitions; to provide for administration and duties; to provide for grant services; to provide criteria; to provide for record maintenance and reporting; to provide for reports to the General Assembly; to provide for funding; to provide for redesignation of certain Code provisions and conforming changes; to expand authorized expenditure of contributed funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 364. By Senators Tippins of the 37th, Sims of the 12th, Wilkinson of the 50th, Shafer of the 48th, Cowsert of the 46th 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 annual teacher, principal, and assistant principal evaluations; to revise provisions relating to student assessment; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following resolution of the Senate:
SR 863. By Senator Gooch of the 51st:
A RESOLUTION recognizing United States military veterans of the Vietnam War and dedicating a bridge in their honor; and for other purposes.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
HB 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
THURSDAY, MARCH 24, 2016
3997
for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend 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. (a) 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, injunctive relief, or decree in a conventional quiet title against the state or any political subdivision thereof to remedy an injury in fact caused by a violation of a provision of the Georgia Constitution or a violation of a state law, except when a law explicitly prohibits such waiver; provided, however, that sovereign immunity is not waived as to:
(1) 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; (2) Any claim, counterclaim, cross-claim, or third-party claim seeking a declaratory judgment or injunctive relief related to a contract between a third party and the state or any political subdivision thereof; or (3) Any claim, counterclaim, or third-party claim brought by, or on behalf of, an inmate or institutionalized person. (b) This Code section shall not: (1) Be construed to alter or amend any other waiver of sovereign immunity provided by law; or (2) Apply to any claim, counterclaim, cross-claim, or third-party claim brought in the courts of the United States."
3998
JOURNAL OF THE HOUSE
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all actions filed on or after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Willard of the 51st offers the following amendment:
Amend the Senate substitute to HB 59 (LC 41 0781S) by replacing lines 1 through 36 with the following: To amend Chapter 21 of Title 50, Part 1 of Article 3 of Chapter 3 of Title 23, and Code Section 36-33-1 of the Official Code of Georgia Annotated, relating to waiver of sovereign immunity as to actions ex contractu and state tort claims, conventional quia timet, and a municipal corporation's immunity from liability for damages and the waiver of immunity by the purchase of liability insurance, respectively, 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:
PART I SECTION 1-1.
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. (a) 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 to remedy an injury in fact caused by the state or any political subdivision thereof acting without lawful authority and beyond the scope of official power in violation of a provision of the Georgia Constitution, a state law, or a local ordinance; provided, however, that sovereign immunity is not waived:
(1) When a state law explicitly prohibits such waiver;
THURSDAY, MARCH 24, 2016
3999
(2) 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; (3) As to any claim, counterclaim, cross-claim, or third-party claim seeking a declaratory judgment or injunctive relief related to a contract between a third party and the state or any political subdivision thereof; or (4) As to any claim, counterclaim, cross-claim, or third-party claim brought by, or on behalf of, an individual in a penal institution as such term is defined in Code Section 42-1-5 or individual in a state mental health facility as such term is defined in Code Section 37-1-1. (b) This Code section shall not: (1) Be construed to alter or amend any other waiver of sovereign immunity provided by law; or (2) Apply to any claim, counterclaim, cross-claim, or third-party claim brought in the courts of the United States."
PART II SECTION 2-1.
Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, is amended by revising Code Section 23-3-41, relating to when relief is granted and costs, as follows:
"23-3-41. (a) In all proceedings quia timet or proceedings to remove clouds upon titles to real estate, if a proper case is made, the relief sought shall be granted to any complainant irrespective of whether the invalidity of the instrument sought to be canceled appears upon the face of the instrument or whether the invalidity appears or arises solely from facts outside of the instrument. (b) In Except as provided in Code Section 23-3-45, in such cases the costs shall be taxed against the litigants in the discretion of the court."
SECTION 2-2. Said part is further amended by adding two new Code sections to read as follows:
"23-3-45. 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 under this part; 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.
4000
JOURNAL OF THE HOUSE
23-3-46. Notwithstanding any law to the contrary, a proceeding under this part involving title to property or an instrument held by the state or any department, agency, commission, board, authority, or entity thereof shall also be served on the Attorney General. The Attorney General's failure to file a responsive pleading to an action filed pursuant to this part shall be recognized by the court as this state's acquiescence to the petitioner's claim for relief."
PART III SECTION 3-1.
Code Section 36-33-1 of the Official Code of Georgia Annotated, relating to a municipal corporation's immunity from liability for damages and the waiver of immunity by the purchase of liability insurance, is amended by adding a new subsection to read as follows:
"(c) The defense of sovereign immunity of a municipal corporation shall be waived as provided in Code Section 50-21-50."
PART IV SECTION 4-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all claims arising on or after such date.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Pezold of the 133rd was excused from voting on HB 59.
Representative Willard of the 51st moved that the House agree to the Senate substitute, as amended by the House, to HB 59.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison
Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Houston
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver 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
THURSDAY, MARCH 24, 2016
4001
Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
N Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans E Fleming E Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Howard Y Hugley Y Jackson
Jasperse Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Kirby Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Meadows
Y Peake Y Petrea
Pezold E Pirkle N Powell, A Y Powell, J Y Price Y Prince Y Pruett E Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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
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 motion, the ayes were 155, nays 2.
The motion prevailed.
SB 270. By Senators Martin of the 9th, Hill of the 32nd, Harper of the 7th, Unterman of the 45th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize persons who are qualified retired law enforcement officers to carry a handgun anywhere within this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend the House substitute to SB 270 (SB 270/HCSFA) by replacing lines 7 through 17 with the following: provide a definition; to revise penalty provisions; to amend Title 42 of the Official Code of Georgia Annotated,
By replacing lines 23 through 25 with the following:
4002
JOURNAL OF THE HOUSE
applying to transfer supervision to any other state or territory; to provide for related matters; to
By deleting in their entirety Sections 3, 4, 5, 6, 7, and 12, and redesignating Sections 8, 9, 10, 11, and 13 as Sections 3, 4, 5, 6, and 7, respectively.
By replacing "Section 7" with "Section 3" on line 287.
Representative Reeves of the 34th moved that the House agree to the Senate amendment to the House substitute to SB 270.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J
Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D 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 E Drenner Y Dudgeon N Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans E Fleming E Floyd N Fludd
Frazier N Frye N Gardner Y Gasaway Y Gilligan N Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Harrell
Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jasperse
Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd
Kirby Knight Y LaRiccia Y Lott Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain Y Meadows
N Metze N Mitchell Y Morris Y Mosby
Nimmer Y Nix N Oliver Y Pak Y Parrish Y Parsons
Peake Y Petrea
Pezold E Pirkle Y Powell, A Y Powell, J Y Price N Prince Y Pruett E Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre Y 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 Y Teasley N Thomas, A.M. N Thomas, E Y Trammell Y Turner N Waites Y Watson Y Welch
Weldon Y Werkheiser N Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C N Williams, E
Williamson Y Yates
Ralston, Speaker
On the motion the ayes were 112, nays 46.
THURSDAY, MARCH 24, 2016
4003
The motion prevailed.
HB 954. By Representatives Efstration of the 104th, Cooper of the 43rd, Abrams of the 89th, England of the 116th, Trammell of the 132nd and others:
A BILL to be entitled an Act to amend Title 29 of the O.C.G.A., relating to guardian and ward, so as to enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; to provide for a short title; to provide for definitions; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to enact the "Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act"; to provide for a short title; to provide for definitions; to provide for international application; to provide for communications and cooperation between courts; to provide for taking testimony in another state; to provide for jurisdiction and special jurisdiction; to provide for jurisdiction declined by reason of conduct; to provide for notice of proceedings and proceedings in more than one state; to provide for transfer of guardianship or conservatorship to another state; to provide for acceptance of guardianship or conservatorship transferred from another state; to provide for registration and recognition from other states; to provide for uniformity of application and construction; to provide for relation to electronic signature; to provide for applicability; to repeal certain provisions relating to procedure and transfers of guardianship and conservatorship; 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 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by adding a new chapter to read as follows:
"CHAPTER 11 ARTICLE 1
29-11-1. This chapter shall be known and may be cited as the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act.'
4004
JOURNAL OF THE HOUSE
29-11-2. As used in this chapter, the term:
(1) 'Conservatorship order' means an order appointing a conservator or other order related to management of an adult's property. (2) 'Conservatorship proceeding' means a judicial proceeding in which a conservatorship order is sought or has been issued. (3) 'Emergency' means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf. (4) 'Guardianship order' means an order appointing a guardian. (5) 'Guardianship proceeding' means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued. (6) 'Home state' means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservatorship order or the appointment of a guardian or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition. (7) 'Incapacitated person' means an adult for whom a guardian has been appointed, including a ward, as defined in paragraph (27) of Code Section 29-1-1. (8) 'Party' means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship proceeding or conservatorship proceeding. (9) 'Person,' except in the term 'incapacitated person' or 'protected person,' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity. (10) 'Protected person' means an adult for whom a conservatorship order has been issued, including a ward, as defined in paragraph (27) of Code Section 29-1-1. (11) '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. (12) 'Respondent' means an adult for whom a conservatorship order or the appointment of a guardian is sought, including a proposed ward as defined in paragraph (16) of Code Section 29-1-1. (13) 'Significant-connection state' means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. (14) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
THURSDAY, MARCH 24, 2016
4005
29-11-3. A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5 of this chapter.
29-11-4. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this Code section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
29-11-5. (a) In a guardianship proceeding or conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) Order that an evaluation or assessment be made of the respondent; (4) Order any appropriate investigation of a person involved in a proceeding; (5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4) of this subsection; (6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated person or protected person; or (7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 160.103, as amended. (b) If a court of another state in which a guardianship proceeding or conservatorship proceeding is pending requests a court of this state to do any action included in subsection (a) of this Code section, such court of this state shall have jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
29-11-6. (a) In a guardianship proceeding or conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness
4006
JOURNAL OF THE HOUSE
be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (b) In a guardianship proceeding or conservatorship proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
ARTICLE 2
29-11-10. In determining under Code Section 29-11-12 and subsection (e) of Code Section 29-1120 whether a respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent's family and other persons required to be notified of the guardianship proceeding or conservatorship proceeding; (2) The length of time the respondent at any time was physically present in the state and the duration of any absence; (3) The location of the respondent's property; (4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services; and (5) The extent to which the respondent considers or, in the absence of an impairment of mental faculties, would consider himself or herself to have a significant connection with the state.
29-11-11. This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a conservatorship order for an adult.
29-11-12. A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if:
(1) This state is the respondent's home state; (2) On the date the petition is filed, this state is a significant-connection state and:
(A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i) A petition for an appointment or order is not filed in the respondent's home state;
THURSDAY, MARCH 24, 2016
4007
(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) The court in this state concludes that it is an appropriate forum under the factors set forth in Code Section 29-11-15; (3) This state does not have jurisdiction under either paragraph (1) or (2) of this Code section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitutions of this state and the United States; or (4) The requirements for special jurisdiction under Code Section 29-11-13 are met.
29-11-13. (a) A court of this state lacking jurisdiction under paragraphs (1) through (3) of Code Section 29-11-12 has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (2) Issue a conservatorship order with respect to real or tangible personal property located in this state; or (3) Appoint a guardian or conservator for an incapacitated person or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Code Section 29-11-20. (b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
29-11-14. Except as otherwise provided in Code Section 29-11-13, a court that has appointed a guardian or issued a conservatorship order consistent with this chapter shall have exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
29-11-15. (a) A court of this state having jurisdiction under Code Section 29-11-12 to appoint a guardian or conservator may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction under subsection (a) of this Code section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a conservatorship order be filed promptly in another state. (c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
4008
JOURNAL OF THE HOUSE
(1) Any expressed preference of the respondent; (2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) The length of time the respondent was physically present in or was a legal resident of this or another state; (4) The distance of the respondent from the court in each state; (5) The financial circumstances of the respondent's estate; (6) The nature and location of the evidence; (7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (8) The familiarity of the court of each state with the facts and issues in the proceeding; and (9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
29-11-16. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction; (2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a conservatorship order is filed in a court of another state having jurisdiction; or (3) Continue to exercise jurisdiction after considering:
(A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection (c) of Code Section 29-11-15; and (C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Code Section 29-11-12. (b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
THURSDAY, MARCH 24, 2016
4009
29-11-17. (a) If a petition for the appointment of a guardian or issuance of a conservatorship order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons that would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state. (b) If compliance with the notice requirements under subsection (a) of this Code section would require personal service on any person outside this state, a court of competent jurisdiction in this state may order that such person be served by registered or certified mail or statutory overnight delivery, in the manner provided in subsection (e) of Code Section 29-9-4, or by a special process server, if the petitioner so requests in the petition or on the court's own motion. (c) If compliance with the notice requirements under subsection (a) of this Code section would require service on any person outside this state that is not sui juris, such person shall be served in a manner provided in subsection (d) of Code Section 29-9-4.
29-11-18. Except for a petition for the appointment of a guardian in an emergency or issuance of a conservatorship order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Code Section 29-11-13, if a petition for the appointment of a guardian or issuance of a conservatorship order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules shall apply:
(1) If the court in this state has jurisdiction under Code Section 29-11-12, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to Code Section 29-11-12 before the appointment or issuance of the order; and (2) If the court in this state does not have jurisdiction under Code Section 29-11-12, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
ARTICLE 3
29-11-20. (a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this Code section shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
4010
JOURNAL OF THE HOUSE
(c) On the court's own motion or on request of the guardian or conservator, the incapacitated person or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this Code section. (d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and (3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient. (e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that: (1) The protected person is physically present in or is reasonably expected to move permanently to the other state or the protected person has a significant connection to the other state considering the factors in Code Section 29-11-10; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and (3) Adequate arrangements will be made for management of the protected person's property. (f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: (1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Code Section 29-11-21; and (2) The documents required to terminate a guardianship or conservatorship in this state.
29-11-21. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Code Section 29-11-20, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer. (b) Notice of a petition under subsection (a) of this Code section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a conservatorship order in both the
THURSDAY, MARCH 24, 2016
4011
transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state. (c) On the court's own motion or on request of the guardian or conservator, the incapacitated person or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this Code section. (d) The court shall issue an order provisionally granting a petition filed under subsection (a) of this Code section unless:
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated person or protected person; or (2) The guardian or conservator is ineligible for appointment in this state. (e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Code Section 29-11-20 transferring the proceeding to this state. (f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. (g) In granting a petition under this Code section, the court shall recognize a guardianship order or conservatorship order from the other state, including the determination of the incapacitated person's or protected person's incapacity and the appointment of the guardian or conservator. (h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Article 2 of Chapter 4 and Article 2 of Chapter 5 of this title if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
ARTICLE 4
29-11-30. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office. The provisions of this Code section shall apply only if the other state has adopted the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act' in substantially the same form.
29-11-31. If a conservator has been appointed in another state and a petition for a conservatorship order is not pending in this state, the conservator appointed in the other state, after
4012
JOURNAL OF THE HOUSE
giving notice to the appointing court of an intent to register, may register the conservatorship order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. The provisions of this Code section shall apply only if the other state has adopted the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act' in substantially the same form.
29-11-32. (a) Upon registration of a guardianship order or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties. (b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
ARTICLE 5
29-11-40. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
29-11-41. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does 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).
29-11-42. (a) This chapter shall apply to guardianship proceedings and conservatorship proceedings begun on or after July 1, 2016. (b) Articles 1, 3, and 4 of this chapter and Code Sections 29-11-40 and 29-11-41 shall apply to proceedings begun before July 1, 2016, regardless of whether a guardianship order or conservatorship order has been issued."
SECTION 2. Said title is further amended by repealing Parts 2 and 3 of Article 9 of Chapter 4, relating, respectively, to procedure and transfer of guardianship, and designating said parts as reserved.
THURSDAY, MARCH 24, 2016
4013
SECTION 3. Said title is further amended by repealing Parts 2 and 3 of Article 13 of Chapter 5, relating to transfer of conservatorship, and designating said parts as reserved.
SECTION 4.
Said title is further amended by revising subsection (a) of Code Section 29-4-95, relating to the definition of "foreign guardian" and the sale of ward's property, as follows:
"(a) For purposes of this part, a 'foreign guardian' is a guardian or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of an incapacitated adult referred to as the 'ward' and whose guardianship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article Article 3 of Chapter 11 of this title."
SECTION 5.
Said title is further amended by revising subsection (a) of Code Section 29-5-135, relating to the definition of "foreign conservator" and the sale or disposal of property, as follows:
"(a) For purposes of this part, the term 'foreign conservator' means a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of an incapacitated adult, referred to as the ward, and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article Article 3 of Chapter 11 of this title."
SECTION 6. 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 954.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton
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 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 Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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
4014
JOURNAL OF THE HOUSE
Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dudgeon Y Dukes Y Dunahoo E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Jasperse Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
E Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C
Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
On the motion, the ayes were 162, nays 0.
The motion prevailed.
The following communication was received:
Sharon Beasley-Teague Representative, District 65
Post Office Box 488 Red Oak, Georgia 30272
3-24-16
This is how I would have voted:
959 yea 1070 yea 1060 nay 216 yea 954 yea
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
Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker
THURSDAY, MARCH 24, 2016
4015
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 1025. By Representatives Taylor of the 79th, Willard of the 51st, Drenner of the 85th, Henson of the 86th, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change provisions relating to service of accusations of or citations for violations of ordinances under certain circumstances; to provide for judgments when service is perfected under such circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change provisions relating to service of accusations of or citations for violations of ordinances under certain circumstances; to provide for judgments when service is perfected under such circumstances; to amend Code Section 50-13-19 of the Official Code of Georgia Annotated, relating to judicial review of contested cases, so as to revise provisions relating to filing of petitions; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, is amended by revising Code Section 15-10-62, relating to prosecution upon citation or accusation, service, and arrest, as follows:
"15-10-62. (a) Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusation by the county attorney or such other attorney as the county governing authority may designate. Prosecutions for violations of ordinances of state authorities shall be upon citation as provided in Code Section 1510-63 or upon accusation by such attorney as the state authority may designate. Such attorney shall be the prosecuting attorney in cases tried upon accusation.
4016
JOURNAL OF THE HOUSE
(b) Except as provided in subsection (c) of this Code section, citations for or accusations Accusations of violations of ordinances and citations shall be personally served upon the person accused. Each accusation or citation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct and except that ordinances of state authorities may provide for immediate arrest; provided, however, that the accused may be arrested prior to the time of trial for the violation of a county ordinance relating to loitering; and provided, further, that except as provided in subsection (c) of this Code section, any defendant accused who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his or her future appearance.
(c)(1) When provided by local law, a citation for or accusation of a violation of an ordinance concerning the condition of real property may be served by:
(A) Posting a copy of it on the door of the premises where the alleged violation occurred; (B) Mailing a copy of it by registered or certified mail or statutory overnight delivery to the owner of such premises at the address of record maintained by the applicable tax commissioner. The certificate of mailing to the accused shall constitute prima-facie evidence of compliance with this subparagraph; and (C) Filing a copy of it with the clerk of magistrate court. (2) Service under paragraph (1) of this subsection shall not be authorized until there has been at least one attempt at personal service on the accused at the address of record of the accused as maintained by the applicable tax commissioner or of the accused's registered agent as maintained by the Secretary of State, provided that such attempt at personal service shall only be required if the accused resides or has a registered agent in this state. (3) When service is perfected as provided in paragraph (1) of this subsection and the accused fails to appear for trial, an in rem judgment and lien against the real property shall be the exclusive penalty."
SECTION 2. Said article is further amended by revising subsection (c) of Code Section 15-10-63, relating to use of citations, as follows:
"(c) Prosecutions for violations of ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations or by an agent of the state authority who is authorized by the authority to issue citations. A Except as provided in subsection (c) of Code Section 15-10-62, a copy of the citation shall be personally served upon the accused; and the original shall promptly be filed with the court."
THURSDAY, MARCH 24, 2016
4017
SECTION 3. Code Section 50-13-19 of the Official Code of Georgia Annotated, relating to judicial review of contested administrative cases, is amended by replacing ''action'' with ''appeal'' wherever the former word occurs in subsections (b) and (c).
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Taylor of the 79th moved that the House agree to the Senate substitute to HB 1025.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood
Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell N Carson Y Carter, A Y Carter, D 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
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner N Dudgeon Y Dukes N Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Harden N Harrell
Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia N Lott Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer N Nix Y Oliver E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C
Rogers, T N Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
Y Smith, E N 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
Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E N 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 129, nays 36.
4018
JOURNAL OF THE HOUSE
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 bill of the House:
HB 905. By Representatives Ballinger of the 23rd, Oliver of the 82nd, Dempsey of the 13th, Efstration of the 104th, Reeves of the 34th and others:
A BILL to be entitled an Act to amend Code Section 15-11-710, Title 19, and Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to exchange of information, domestic relations, and programs and protection for children and youth, so as to change provisions relating to child abuse; to correct a cross-reference; to change and provide for defined terms; to change provisions relating to protocol committees on child abuse; to remove certain reporting requirements to the child abuse registry; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 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.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 367. By Senators Kennedy of the 18th, Miller of the 49th, Dugan of the 30th, Jones of the 25th, Kirk of the 13th and others:
A BILL to be entitled an Act to provide for comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system so as to promote an offender's successful reentry into society, benefit
THURSDAY, MARCH 24, 2016
4019
the public, and enact reforms recommended by the Georgia Council on Criminal Justice Reform; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
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 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.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 769. By Representatives Hawkins of the 27th, Rogers of the 29th, Houston of the 170th, Dunahoo of the 30th, Jones of the 167th 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 make permanent an exemption from ad valorem taxation for certain watercraft held in inventory for sale or resale; 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 provide ad valorem exemptions for certain motor vehicles; 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 for an exemption from ad valorem taxation for certain watercraft and all-terrain vehicles held in inventory for sale or resale; 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:
4020
JOURNAL OF THE HOUSE
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) 'All-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with four low-pressure tires, a seat designed to be straddled by the operator, and handlebars for steering. (1)(2) 'Dealer' means any person who is engaged in the business of selling watercraft or all-terrain vehicles at retail. (2)(3) 'Watercraft' means any vehicle which is self-propelled or which is capable of self-propelled water transportation, or both. (b) Watercraft and all-terrain vehicles 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 or all-terrain vehicles for ad valorem taxation, determining the application rates for taxation, and collecting the ad valorem taxes imposed on watercraft or all-terrain vehicles do not apply to watercraft or all-terrain vehicles owned by a dealer and held in inventory for sale or resale. For the period commencing January 1, 2016, and concluding December 31, 2019, such Such watercraft or all-terrain vehicles 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 or allterrain vehicles until it is they are transferred and then otherwise, if at all, becomes become 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, 2017.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Hawkins of the 27th moved that the House agree to the Senate substitute to HB 769.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams N Alexander Y Allison Y Atwood
Y Cooke Y Coomer Y Cooper Y Corbett
Y Harden Y Harrell Y Hatchett Y Hawkins
N Metze Y Mitchell Y Morris N Mosby
N Smith, E Y Smith, L N Smith, M Y Smith, R
THURSDAY, MARCH 24, 2016
4021
Y Ballinger Y Barr
Battles N Beasley-Teague Y Belton N Bennett, K N Bennett, T Y Bentley Y Benton Y Beskin N Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D
Clark, H Y Clark, V Y Coleman
N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas E Drenner N Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd N Fludd
Frazier N Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick N Gordon Y Gravley Y Greene
Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Jasperse Y Jones, J Y Jones, J.B. N Jones, L
Jones, S Y Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin N Martin Y Maxwell
Mayo McCall Y McClain Y Meadows
Y Nimmer Y Nix Y Oliver E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J N Price N Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge
Rynders N 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
Taylor, D Taylor, T Y Teasley Y Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch 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 motion, the ayes were 130, nays 33.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 385. By Senator Hill of the 32nd:
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 relative to physicians, assistants, and others, so as to provide for certain requirements
4022
JOURNAL OF THE HOUSE
for advertisement or publication of representations of board certification by physicians; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate recedes from its amendment to the following bill of the House:
HB 768. By Representatives Hawkins of the 27th, Willard of the 51st, Fludd of the 64th, Jones of the 47th, Turner of the 21st and others:
A BILL to be entitled an Act to amend Title 30 of the O.C.G.A., relating to disabled persons, so as to provide for the establishment of a qualified ABLE program in this state to enable the contribution of funds to tax-exempt accounts to pay for the qualified expenses of eligible individuals with disabilities; to amend Code Section 48-7-27 of the O.C.G.A., relating to computation of taxable net income; to amend Code Section 50-13-2 of the O.C.G.A., relating to the definitions for purposes of the Georgia Administrative Procedure Act, so as to exclude the Georgia ABLE Program Corporation from the meaning of "agency"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 402. By Senators Mullis of the 53rd, Burke of the 11th, Harper of the 7th and Watson of the 1st:
A BILL to be entitled an Act to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide for a moratorium on the issuance of new licenses to narcotic treatment programs; to create the State Commission on Narcotic Treatment Programs; to provide legislative findings and intent; to provide for the membership, powers, duties, compensation, and allowances of the commission; to provide for the abolishment of the commission; to suspend the acceptance of applications and issuing of licenses for narcotic treatment programs for a certain period; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 941. By Representatives Golick of the 40th, Atwood of the 179th, Pak of the 108th and Abrams of the 89th:
THURSDAY, MARCH 24, 2016
4023
A BILL to be entitled an Act to amend Chapter 12 of Title 15, Chapter 7 of Title 17, and Chapter 11 of Title 45 of the O.C.G.A., relating to juries, pretrial proceedings, and miscellaneous offenses concerning public officers and employees, respectively, so as to provide for procedure for review of incidents involving a peace officer's use of deadly force that results in death or serious bodily injury; 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 15, Chapter 7 of Title 17, and Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to juries, pretrial proceedings, and miscellaneous offenses concerning public officers and employees, respectively, so as to provide for procedure for review of incidents involving a peace officer's use of deadly force that results in death or serious bodily injury; to provide for definitions; to provide for procedure and disclosure of information from such review; to repeal provisions relating to the use of stenographers and enact provisions relating to court reporters in grand jury proceedings; to change provisions relating to the use of special purpose grand juries; to repeal population Act features connected to grand juries; to provide for peace officer notification of grand jury proceedings and the process of testifying before a grand jury; to change provisions relating to the indictment of public officials for professional misconduct; 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 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended in Code Section 15-12-71, relating to the duties of the grand jury, by adding a new paragraph to subsection (b) and two new subsections to read as follows:
"(5)(A) As used in this paragraph, the term 'serious bodily injury' means bodily harm which deprives a person of a member of his or her body, which renders a member of such person's body useless, or which seriously disfigures such person's body or a member thereof. (B) The grand jury, whenever deemed necessary by eight or more of its members or at the request of the district attorney, shall conduct a review of any incident in which a peace officer's use of deadly force resulted in death or serious bodily injury to another. Except when requested by the district attorney, such review shall only be conducted after the investigative report of the incident has been completed and submitted to the district attorney. The district attorney shall begin assisting the
4024
JOURNAL OF THE HOUSE
grand jury in its review no later than one year from the date of the incident or, if an attorney was appointed under Code Section 15-18-5, one year from the date of such appointment. A review shall not be conducted pursuant to this paragraph in any case in which the district attorney informs the grand jury that a bill of indictment or special presentment will be presented to a grand jury charging such peace officer with a criminal offense in conjunction with, or arising out of, the incident in which such peace officer's use of deadly force resulted in death or serious bodily injury to another. (C) Not less than 20 days prior to the date upon which the grand jury shall begin hearing evidence in its review, the chief executive officer of the law enforcement agency and the peace officer shall be notified of such date and the time and place of the grand jury meeting, provided that nothing in this paragraph shall require either officer to make a presentation to the grand jury unless requested by the grand jury to do so. (D) When the grand jury is conducting a review pursuant to this paragraph, the testimony of any witness appearing before it and any argument or legal advice provided to the grand jury by the prosecuting attorney shall be recorded by a court reporter. The cost of conducting such review, including, but not limited to, the cost of any recordation and transcription of testimony, shall be paid out of the county treasury, upon the certificate of the judge of the superior court, as other court expenses are paid. (E) Prior to the introduction of any evidence or the first witness being sworn, the district attorney shall advise the grand jury of the laws applicable to the conduct of such review. In particular, the grand jury shall be advised of Code Sections 16-320, 16-3-21, 16-3-23.1, and 17-4-20." "(e)(1) If the grand jury conducts a review pursuant to paragraph (5) of subsection (b) of this Code section, and the grand jury does not request that the district attorney create a bill of indictment or special presentment, the grand jury shall prepare a report or issue a general presentment based upon its inspection, and any such report or presentment shall be subject to publication as provided for in Code Section 15-12-80. (2) Such report or general presentment shall include a summary of the evidence considered by the grand jury and the grand jury's findings of the facts regarding the incident. (3) Such report or general presentment shall be returned to the court by the grand jury and published in open court, and the report or general presentment shall be filed with the clerk. (4) If the grand jury does not request that the district attorney create a bill of indictment or special presentment, the district attorney shall, upon the release of such report or general presentment and unless otherwise ordered by the court, make available for inspection or copying any evidence considered by the grand jury during such review and the transcripts of the testimony of the witnesses who testified during the review no later than the end of the following term of court or six months, whichever is later. On motion of the district attorney, the court shall order the
THURSDAY, MARCH 24, 2016
4025
redaction of any part of the evidence or transcripts which contains matters subject to a statutory privilege, the names of the grand jurors, or information contained therein that may be exempt from disclosure pursuant to Code Section 50-18-72. (5) Any person requesting copies of such report, copies of any evidence considered by the grand jury during such review, or the transcripts of the testimony of the witnesses who testified during the review may be charged a reasonable fee for the cost of the redaction, reproduction, copying, and delivery of such report, evidence, or transcripts as provided in Code Section 50-18-71. Such costs shall be paid before such material is provided. (f) If the grand jury requests that the district attorney create a bill of indictment or special presentment against the peace officer, the transcript of the testimony of the witnesses who testified during the review, together with any other evidence presented to the grand jury, shall be not be disclosed, except as provided in Code Section 15-1272 and in compliance with Article 1 of Chapter 16 of Title 17. If the bill of indictment or special presentment is to be presented to another grand jury, the district attorney shall transfer such transcripts and evidence to the grand jury considering the bill of indictment or special presentment."
SECTION 2. Said chapter is further amended by revising Code Section 15-12-74, relating to grand jury presentment of offenses, as follows:
"15-12-74. (a) Grand jurors have a duty to examine or make presentments of such offenses as may or shall come to their knowledge or observation after they have been sworn. Additionally, they have the right and power and it is their duty as jurors to make presentments of any violations of the laws which they may know to have been committed at any previous time which are not barred by the statute of limitations. (b) If a true bill is returned by the grand jury on any count of an indictment or special presentment, the indictment or special presentment shall be published in open court. If a no bill is returned by the grand jury on all counts of an indictment or special presentment, the prosecuting attorney shall file such indictment or special presentment with the clerk."
SECTION 3. Said chapter is further amended by repealing Code Section 15-12-83, relating to attendance of stenographer at grand jury proceeding and the use of a recording device, and enacting a new Code Section 15-12-83 to read as follows:
"15-12-83. (a) Upon the request of the district attorney or when the grand jury proceedings are in accordance with Code Section 17-7-52, a court reporter shall be authorized to be present and shall attend such proceedings. Before attending the grand jury proceedings, the court reporter shall take the following oath:
4026
JOURNAL OF THE HOUSE
'I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the grand jury, so help me God.' (b) The district attorney of the circuit in which the county is located shall appoint the court reporter and, notwithstanding any law to the contrary, fix the compensation therefor, and such compensation, including the cost of transcripts, shall be paid by the county. (c) The court reporter shall take and transcribe the testimony of any witness appearing before the grand jury and any argument or legal advice provided to the grand jury by the prosecuting attorney and shall furnish such transcript to the district attorney. (d) When a witness testifies pursuant to a grant of immunity as provided in Code Section 24-5-507, such testimony shall be transcribed, a copy of the transcript shall be provided to the district attorney, and the original transcript shall be filed under seal in the office of the clerk. (e) The court reporter shall be incompetent to testify at any hearing or trial concerning any matter or thing coming to the knowledge of the court reporter while in attendance upon the grand jury. (f) Except as otherwise provided in this Code section, a recording, any court reporter's notes, and any transcript prepared from such recording or notes shall be provided solely to the district attorney, who shall retain control of such recording, notes, and transcript. The district attorney may use such materials to the extent such use is appropriate to the proper performance of his or her official duties, including compliance with Article 1 of Chapter 16 of Title 17."
SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 15-12-100, relating to the procedure for impaneling special grand jury, as follows:
"(a) The chief judge of the superior court of any county to which this part applies, on his or her own motion, on motion or petition of the district attorney, or on petition of any elected public official of the county or of a municipality lying wholly or partially within the county, may request the judges of the superior court of the county to impanel a special grand jury for the purpose of investigating any alleged violation of the laws of this state or any other matter subject to investigation by grand juries as provided by law."
SECTION 5. Said chapter is further amended by repealing Code Section 15-12-102, relating to the applicability of special purpose grand juries, and enacting a new Code Section 15-12-102 to read as follows:
"15-12-102. This part shall apply only to all counties and consolidated city-county governments of this state. Except as otherwise provided by this part, Part 1 of this article shall apply to the grand juries authorized by this part."
THURSDAY, MARCH 24, 2016
4027
SECTION 6.
Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, is amended by revising Code Section 17-7-52, relating to the procedure for indictment of peace officer for crime in the performance of duties, notification, and rights of the officer, as follows:
"17-7-52. (a) Before an a bill of indictment or special presentment against a present or former peace officer charging the officer with a crime which is alleged to have occurred while he or she was in the performance of his or her duties is returned by presented to a grand jury, the officer shall be given a copy of the proposed bill of indictment or special presentment and notified in writing of the contemplated action by the district prosecuting attorney of the county wherein the grand jury shall convene and the officer shall be afforded the rights provided in Code Section 45-11-4. Such notice and a copy of the proposed bill of indictment or special presentment shall be provided to such officer not less than 20 days prior to the date upon which a grand jury will begin hearing evidence, and such notice shall inform such officer:
(1) That the grand jury is investigating such officer's conduct to determine if there is probable cause to conclude that he or she has violated one or more laws of this state; (2) Of the date upon which the grand jury will begin hearing testimony on the proposed bill of indictment or special presentment and the location of the hearing; (3) That he or she may request, but cannot be compelled, to testify as a witness before the grand jury regarding his or her conduct; and (4) That, if such officer requests to testify before the grand jury, he or she will be permitted to do so at the conclusion of the presentation of the state's case-in-chief and that he or she may be questioned by the prosecuting attorney or members of the grand jury as are any other witnesses. (b) If the officer requests to appear as a witness, he or she shall notify the prosecuting attorney any time prior to the date the grand jury will begin hearing testimony in such investigation. The prosecuting attorney shall, after consulting with the grand jury, inform the officer in writing of the date and time when he or she shall be present in order to testify and of the procedure that the grand jury will follow pursuant to subsection (c) of this Code section. The prosecuting attorney shall further advise the grand jury that an officer has the right to appear and testify or not to appear and testify and that, if the officer chooses not to testify, the grand jury shall not consider that in any way in making its decision. (c) Prior to the introduction of any evidence or the first witness being sworn, the prosecuting attorney shall advise the grand jury of the laws applicable to the conduct of such proceedings, all relevant sections of the Code relating to the crime or crimes alleged in the bill of indictment, and any Code section that excuses or justifies such conduct. In particular, the grand jury shall be advised of Code Sections 16-3-20, 16-321, 16-3-23.1, and 17-4-20. (d) If the officer requests to testify before the grand jury and appears at the date and time specified, the case shall proceed as in any other criminal case heard by a grand
4028
JOURNAL OF THE HOUSE
jury, except that the officer shall be permitted to testify at the conclusion of the presentation of the state's case-in-chief and that he or she shall only be present in the grand jury room while he or she is testifying. Such officer may be questioned by the prosecuting attorney or members of the grand jury as are any other witnesses. After the officer has been sworn as a witness and prior to any testimony by the officer, the prosecuting attorney shall advise the officer substantially of the following:
(1) The officer's appearance before the grand jury is voluntary, and he or she cannot be compelled to appear as a witness; (2) By agreeing to be sworn as a witness on the bill of indictment or special presentment that will be laid before the grand jury, he or she will be asked to testify and answer questions and may be asked to produce records, documents, or other physical evidence; (3) The officer may refuse to answer any question or to produce records, documents, and other physical evidence if a truthful answer to the question or producing such records, documents, or other physical evidence would tend to incriminate the officer or would tend to bring infamy, disgrace, or public contempt upon the officer; (4) Any testimony given by the officer may be used against him or her by the grand jury or in a subsequent legal proceeding; and (5) If the officer is represented by an attorney, the attorney shall have the right to be present in the grand jury room while the officer is testifying, and the officer will be permitted reasonable opportunity to consult with his or her attorney outside the grand jury room. (e) After being sworn as a witness but prior to being asked any questions by the prosecuting attorney or the grand jurors, the officer may make such sworn statement as he or she shall desire. The officer's attorney shall not propound questions to the officer nor object to questions propounded to the officer on evidentiary grounds. (f) At the conclusion of the officer's testimony, if any, the prosecuting attorney may present rebuttal evidence and advise the grand jury on matters of law. (g) At any time during the presentation of evidence or during deliberations, the grand jury may amend the bill of indictment or special presentment or instruct the prosecuting attorney to cause a new bill of indictment or special presentment to be created as in any other case. When a bill of indictment or special presentment is amended or newly created, the accused peace officer and his or her attorney shall be provided a copy of it. (h) No individual other than the jurors, and any interpreter needed to assist a hearing impaired or speech impaired juror, shall be present while the grand jury is deliberating or voting. (b)(i)(1) As used in this subsection, the term 'nonserious traffic offense' means any offense in violation of Title 40 which is not prohibited by Article 15 of Chapter 6 of Title 40. (2) The requirements of subsection (a) of this Code section shall apply to all prosecutions, whether for felonies or misdemeanors or felonies, other than nonserious traffic offenses, and no such prosecution shall proceed either in state or superior court without a grand jury indictment or special presentment."
THURSDAY, MARCH 24, 2016
4029
SECTION 7. Said chapter is further amended by revising subsection (e) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases, as follows:
"(e) Notwithstanding the above provisions subsections (a) through (d) of this Code section, nothing in this Code section shall affect the rights of police officers and public officials to appear before a grand jury as provided in Code Sections 17-7-52, 45-11-4, and 45-15-11 or peace officers to appear before a grand jury as provided in Code Section 17-7-52."
SECTION 8. Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, is amended by revising Code Section 45-11-4, relating to unprofessional conduct and indictment, as follows:
"45-11-4. (a) As used in this Code section, the term:
(1) 'County officer' means any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner where such office has replaced the tax receiver and tax collector, and any county commissioner. (2) 'Municipal officer' means any mayor or elected member of any municipal governing authority. (3) 'Public officer' means a county officer, a municipal officer, and state officials as provided in Code Section 45-15-11. (b) A public officer may be charged under this Code section for: (1) Malpractice, misfeasance, or malfeasance in office; (2) Using oppression or tyrannical partiality in the administration or under the color of his or her office; (3) When required by law, willfully refusing or failing to preside in or hold his or her court at the regular terms thereof, or when it is his or her duty under the law to do so; (4) Using any other deliberate means to delay or avoid the due course or proceeding of law; or (5) Willfully and knowingly demanding more cost than he or she is entitled to by law in the administration and under color of his or her office. (c) A conviction for violating subsection (b) of this Code section shall be punished as for a misdemeanor, and, upon conviction in a court of competent jurisdiction, the accused shall be removed from office. (d) This Code section shall only apply to a public officer charged under subsection (b) of this Code section. This Code section shall not apply when a public officer is charged with any other crime alleged to have occurred while such official was in the performance of an official duty. (e) This Code section shall only apply to a public officer holding office at the time of indictment and not to former office holders.
4030
JOURNAL OF THE HOUSE
(f) Any indictment brought pursuant to subsection (b) of this Code section shall specially set forth the merits of the complaint against the accused public officer. A copy of the proposed bill of indictment shall be served on the accused public officer at least 15 days before it is presented to the grand jury. (g) The accused shall have the right to appear before the grand jury to make such sworn statement as he or she shall desire at the conclusion of the presentation of the state's evidence. The accused shall not be subject to examination, either direct or cross, and shall not have the right individually or through his or her counsel to examine the state's witnesses. The accused and his or her counsel shall have the right to be present during the presentation of all evidence and alleged statements of the accused on the proposed indictment, presentment, or accusation, after which the accused and his or her counsel shall retire instanter from the grand jury room to permit the grand jury to deliberate upon the indictment. (h) At any time during the presentation of evidence or during deliberations, the grand jury may amend the indictment or instruct the district attorney to cause a new indictment to be drawn as in any other case. In such case, a copy of the amendment or new indictment, if it relates to the accused public official, shall be provided to the accused public official and his or her counsel. (i) If a true bill is returned by the grand jury, the indictment shall, as in other cases, be published in open court and shall be placed on the superior court criminal docket of cases to be tried by a trial jury."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Golick of the 40th moved that the House agree to the Senate substitute to HB 941.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly
Blackmon Y Broadrick
Y Cooke Coomer Cooper
Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan
Y Harden Harrell
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver E Pak
Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A
Powell, J Y Price
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
THURSDAY, MARCH 24, 2016
4031
Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia
Lott Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C
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
Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Yates Ralston, Speaker
On the motion, the ayes were 156, nays 0.
The motion prevailed.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 158. By Senators Burke of the 11th, Kirk of the 13th, Watson of the 1st, Hill of the 6th and McKoon of the 29th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain consumer and provider protections regarding health insurance; to provide for definitions; to provide for short titles; to provide for health insurer transparency; to provide for health care providers' right to choose; to provide for health care provider stability; to provide for consumer right to access; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 193. By Senators Bethel of the 54th, Stone of the 23rd, Kennedy of the 18th, Parent of the 42nd, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, so as to change penalty
4032
JOURNAL OF THE HOUSE
provisions relating to family violence battery; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
SB 417. By Senators Mullis of the 53rd, Gooch of the 51st, Beach of the 21st and Ginn of the 47th:
A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the "Georgia Film and Television Trail Act"; to provide for a short title; to provide for definitions; to provide for a purpose; to provide for the Department of Economic Development to plan and develop the trail; to provide for policies; to provide for the Department of Transportation to place trail signs designed in conjunction with the Department of Economic Development; to provide for certain immunities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has lost by the requisite constitutional majority the following bill of the House:
HB 764. By Representatives Powell of the 32nd, Frye of the 118th, Quick of the 117th, Williams of the 119th, 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 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 definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate adheres to its disagreement and has appointed a Committee of Conference on the following bill of the House:
THURSDAY, MARCH 24, 2016
4033
HB 727. By Representatives Battles of the 15th, Turner of the 21st, Parsons of the 44th, LaRiccia of the 169th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48 of the O.C.G.A., relating to taxation of consumer fireworks, so as to provide for local excise taxation of consumer fireworks and the collection of such excise tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Watson of the 1st, Mullis of the 53rd, and Harper of the 7th.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 952. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Coomer of the 14th and Carter of the 175th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating professions and businesses, so as to enact the "Georgia Professional Regulation Reform Act"; to provide for executive oversight of licensing boards; to establish state policy for the regulation of certain professions and businesses; to provide for legislative intent; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating professions and businesses, so as to enact the "Georgia Professional Regulation Reform Act"; to provide for executive oversight of licensing boards; to establish state policy for the regulation of certain professions and businesses; to provide for legislative intent; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
4034
JOURNAL OF THE HOUSE
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds, determines, and declares that:
(1) In N.C. State Bd. of Dental Exam'rs v. FTC, 135 S. Ct. 1101 (2015), the Supreme Court of the United States established a new standard for determining whether state professional licensing boards and board members are entitled to immunity for federal antitrust violations. Pursuant to N.C. State Bd. of Dental Exam'rs, state professional licensing boards and board members are entitled to antitrust immunity only if:
(A) Their anticompetitive conduct is consistent with "clearly articulated" state policy; and (B) The state provides "active supervision" of their conduct. (2) It is the policy of the State of Georgia to increase economic opportunities for all of its citizens by promoting competition and thereby encouraging innovation and job growth. It is therefore also the policy of the State of Georgia to displace competition only when necessary to protect consumers from present, significant, and substantiated harms that threaten public health and safety. (3) By establishing the policies and procedures of this chapter, the General Assembly intends to ensure that the state's professional licensing boards and board members are entitled to antitrust immunity and that state laws relating to professions and businesses are interpreted and enforced in a manner consistent with clearly articulated state policy.
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows:
"CHAPTER 1C
43-1C-1. This chapter shall be known and may be cited as the 'Georgia Professional Regulation Reform Act.'
43-1C-2. As used in this chapter, the term:
(1) 'Governor' means the Governor of the State of Georgia or his or her designee. (2) 'Professional licensing board' means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade, including all boards, bureaus, commissions, or other agencies established pursuant to this title or Chapter 4 of Title 26; provided, however, that such term shall not include the State Bar of Georgia.
THURSDAY, MARCH 24, 2016
4035
(3) 'Rule' means a regulation, standard, or statement of general applicability, whether formal or informal, that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any professional licensing board. Such term shall include the amendment or repeal of a prior rule but shall not include statements of policy or interpretation made as part of a decision in a contested case.
43-1C-3. (a) The Governor shall have the authority and duty to actively supervise the professional licensing boards of this state to ensure that their actions are consistent with clearly articulated state policy and shall therefore have the authority and duty to:
(1) Review and, in writing, approve or veto any rule before it is filed in the office of the Secretary of State if such rule is required to be filed in the office of the Secretary of State by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' or before such rule becomes effective, if filing is not required; (2) Review and, in writing, approve or veto any rule that is:
(A) Challenged via an appeal to the Governor after the denial of a petition filed pursuant to Code Section 50-13-9; or (B) Submitted by a professional licensing board for review by the Governor; (3) Review and, in writing, approve, remand, modify, or reverse any action by a professional licensing board that is: (A) Challenged via an appeal to the Governor; or (B) Submitted by a professional licensing board for review by the Governor; and (4) Promulgate any regulations or executive orders necessary to effectuate the provisions of this chapter, including regulations or orders relating to the process, procedures, and timelines that will govern any appeal or submission filed in accordance with this Code section. (b) Any review undertaken by the Governor pursuant to subsection (a) of this Code section shall be fully completed within 90 days. (c) Nothing in this Code section shall be interpreted to subject the Governor to any of the administrative procedures of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Nimmer of the 178th moved that the House agree to the Senate substitute to HB 952.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison
N Cooke Y Coomer Y Cooper
N Harden Y Harrell Y Hatchett
Y Metze Y Mitchell Y Morris
Y Smith, E Y Smith, L Y Smith, M
4036
JOURNAL OF THE HOUSE
Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A N Carter, D
Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 N Dunahoo Y Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Hawkins Henson
Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson N Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser
Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott N Setzler Y Sharper Y Shaw
Sims
On the motion, the ayes were 147, nays 17.
The motion prevailed.
House of Representatives State Capitol, Room 415 Atlanta, Georgia 30334
March 24, 2016
Mr. William Reilly, Clerk of the House Georgia House of Representatives Office of the Clerk 309 State Capitol Atlanta, GA 30334
Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley
Tanner N Tarvin
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
Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
THURSDAY, MARCH 24, 2016
4037
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 952 Georgia Professional Regulation Reform Act. I was absent from the floor due to my presence in the Senate Chamber to request the passing of SB 168 The Adoptable Dog Bill.
Thank you for your time and consideration.
Sincerely,
/s/ Joe Wilkinson District 52
Representative Sims of the 123rd assumed the chair.
HB 806. By Representatives Tanner of the 9th, Tankersley of the 160th, Epps of the 144th, Caldwell of the 131st and Rice of the 95th:
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 expiration of certain licenses and identification cards issued by the Department of Driver Services; to provide for the suspension of a driver's license upon receipt of conviction reports from a court; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendments were read:
Amendment #1
The Senate moves to amend HB 806 (LC 39 1302S) by deleting line 1 and inserting in lieu thereof the following:
To amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Driver's Education Commission, so as to transfer such commission from the Department of Driver Services to the Governor's Office of Highway Safety; to extend the sunset applicable to penalties for violations of traffic laws or ordinances; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to
By deleting line 7 and inserting in lieu thereof the following:
4038
JOURNAL OF THE HOUSE
SECTION 1. Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Georgia Driver's Education Commission, is amended by revising Code Section 1521-172, relating to the establishment of such commission, as follows:
"15-21-172. There is established the Georgia Driver's Education Commission, which is assigned to the Department of Driver Services Governor's Office of Highway Safety for administrative purposes only, as prescribed in Code Section 50-4-3."
SECTION 2. Said article is further amended in Code Section 15-21-179, relating to additional penalty for violation of traffic laws or ordinances, by revising subsection (c) as follows:
"(c) This Code section shall be repealed in its entirety on June 30, 2016 June 30, 2019, unless extended by an Act of the General Assembly."
SECTION 3.
By redesignating Sections 3 through 7 as Sections 5 through 9, respectively.
Amendment #2
The Senate moves to amend HB 806 (LC 39 1302S) by replacing line 1 with the following:
To amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to revise provisions for the off-duty use of motor vehicles by certain law enforcement officers of the department relative to approved offduty employment; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to
By redesignating Sections 1 through 7 as Sections 5 through 11, respectively, and inserting between lines 6 and 7 the following:
SECTION 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended in Article 1 by adding a new Code section to read as follows:
"35-2-15. (a)(1) Certified law enforcement officers employed by the department may use a department motor vehicle while working an off-duty job if such job requires vested police powers as a condition of employment, has been approved by the commissioner, and has been determined by the commissioner to be in furtherance of the department's mission and service to the state. Department motor vehicles used for off-duty employment shall not be used at any political function.
THURSDAY, MARCH 24, 2016
4039
(2) Except as otherwise provided for in this subsection, department motor vehicles shall be used only in discharge of official duties. (3) Any other equipment shall be used only with the express written approval of the commissioner. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety. (b) The commissioner, in his or her sole discretion, in granting approval for such offduty job in which a departmental motor vehicle is used, prior to the use of such vehicle, shall determine whether the off-duty employer provided for in subsection (a) of this Code section shall reimburse the department for use of the vehicle. When reimbursement is required, such off-duty employer shall enter into a written agreement with the department to pay an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such agreement, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; provided, however, that such compensation shall not be characterized as direct employment compensation but shall be paid as services under contract. (c) Employees of the department operating a department motor vehicle pursuant to this Code section shall be deemed to be acting within the scope of their official duties and employment within the meaning of Code Section 50-21-20, et seq., and the commissioner of administrative services shall provide liability coverage for claims arising out of such use. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety."
SECTION 2. Said chapter is further amended by deleting in its entirety Code Section 35-2-56, relating to use of motor vehicles or other equipment by members of the Uniform Division, and designating such Code section as reserved.
SECTION 3. Said chapter is further amended in Code Section 35-2-101, relating to relating to jurisdiction, duties and powers, use of dogs to detect controlled substances, and off-duty use vehicles, by deleting subsection (e) in its entirety.
SECTION 4. Said chapter is further amended by deleting in its entirety Code Section 35-2-123, relating to use of vehicles by off-duty law enforcement officer, and designating such Code section as reserved.
Representative Tanner of the 9th moved that the House agree to the Senate amendments to HB 806.
On the motion, the roll call was ordered and the vote was as follows:
4040
JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley N Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns
Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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
Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice 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
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 motion, the ayes were 165, nays 1.
The motion prevailed.
Representative Fludd of the 64th assumed the chair.
HB 884. By Representatives Taylor of the 173rd, Atwood of the 179th, Smith of the 134th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels, so as to revise the definition of company action level event to include a health organization with certain total adjusted capital levels; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 24, 2016
4041
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to eliminate the foreign and alien insurer deposit requirement of securities eligible for the investment of capital funds in certain amounts at the discretion of the Commissioner; to revise the definition of company action level event to include a health organization with certain total adjusted capital levels; 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 33-3-9, relating to requirement of additional deposits of securities by foreign and alien insurers, as follows:
"33-3-9. (a) In addition to the deposit required by Code Section 33-3-8, each foreign and alien insurer shall deposit with the Commissioner securities eligible for the investment of capital funds in an amount not less than $10,000.00 nor more than $25,000.00 at the discretion of the Commissioner. This deposit and the deposit required by paragraph (1) of subsection (b) of Code Section 33-3-8 shall be administered as provided in Chapter 12 of this title. Deposits under this Code section shall be held for the protection of the insurer's policyholders in Georgia and others in Georgia entitled to the proceeds of its policies. (b) On and after July 1, 1967, in those instances in which the Commissioner in his or her judgment shall deem it to be in the best interests of the citizens of this state, no certificate of authority shall be issued by the Commissioner to any foreign and alien insurer nor shall any certificate of authority be renewed for any such insurer unless said such insurer shall deposit with the Commissioner, in addition to those requirements provided for in subsection (a) of this Code section, securities eligible for the investment of capital funds in such amount as the Commissioner shall require. ; but in no event shall he require a deposit of additional securities which would bring the aggregate total of such securities required by this Code section to be on deposit to exceed $100,000.00. Such additional deposits This deposit and the deposit required by paragraph (1) of subsection (b) of Code Section 33-3-8 shall be administered as provided for in this subsection Chapter 12 of this title. ; provided, however, such additional deposits shall not apply to foreign and alien life insurers. Deposits under this Code section shall be held for the protection of the insurer's policyholders in this state and others in this state entitled to the proceeds of its policies."
4042
JOURNAL OF THE HOUSE
SECTION 2.
Said title is further amended in paragraph (1) of subsection (a) of Code Section 33-56-3, relating to company action level events, preparation and submission of risk-based capital level plan, hearing, and out-of-state filing, by adding a new subparagraph to read as follows:
"(D) If a health organization has total adjusted capital which is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 3.0 and triggers the trend test determined in accordance with the trend test calculation included in the health RBC instructions;"
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Taylor of the 173rd moved that the House agree to the Senate substitute to HB 884.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas
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 Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton
Y Harden Harrell
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson 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
Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C
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 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
Willard Y Williams, A Y Williams, C
THURSDAY, MARCH 24, 2016
4043
Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Golick Y Gordon Y Gravley Y Greene
Y Mayo Y McCall Y McClain Y Meadows
Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, E Y Williamson
Yates Ralston, Speaker
On the motion, the ayes were 166, nays 0.
The motion prevailed.
The Speaker assumed the Chair.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 255. By Senators Stone of the 23rd, Bethel of the 54th, Millar of the 40th, Albers of the 56th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to modernize, reorganize, and provide constitutional protections in garnishment proceedings; to provide for definitions; to provide for an affidavit and summons of garnishment, contents, and procedure for garnishment; to provide for property being subject to and exempt from garnishment; to provide for a defendant's and third party's claim and plaintiff's traverse and the procedure for claims and traverses; to provide for procedures only applicable to financial institutions; to provide for and require the use of certain forms for garnishment proceedings; to amend Code Sections 44-7-50 and 53-12-80 of the O.C.G.A., relating to demand for possession and spendthrift provisions, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 331. By Senators Thompson of the 14th, Hill of the 32nd, Cowsert of the 46th, McKoon of the 29th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 15-11-2 and Title 19 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code and domestic relations, respectively, so as to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for terminating parental rights; to revise definitions; to provide that causing a child to be conceived as a result of
4044
JOURNAL OF THE HOUSE
violating certain prohibitions relating to certain offenses is an additional ground for losing parental rights and is relevant in certain adoption proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 346. By Senators Beach of the 21st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 12-16-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Environmental Policy Act," so as to exempt projects for the construction or improvement of public roads from environmental effects reports in certain instances; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 350. By Senators Mullis of the 53rd, Watson of the 1st, Harper of the 7th, Shafer of the 48th, Kennedy of the 18th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of consumer fireworks, so as to dedicate moneys collected from the excise tax on the sale of consumer fireworks for trauma care, fire services, and local public safety purposes; to provide for related matters; to provide for an effective date contingent on a certain ratification of the Constitution of Georgia; 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 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 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.
The following Senate substitute was read:
THURSDAY, MARCH 24, 2016
4045
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 the placement of video monitoring cameras in classrooms providing special education services; to provide for requirements; to provide for funding; 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 "Landon Dunson Act."
SECTION 2. Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-324.2. (a) The Department of Education is authorized to provide guidance for the placement of video monitoring cameras and equipment by a school in self-contained classrooms in which students receive special education services. The Department of Education is authorized to approve local school systems for participation and may approve local school systems which already utilize video monitoring cameras and equipment in their special education self-contained classrooms through an application process. The department or an approved local school system may approve schools in the local school system for participation. A local school system or school may, in its sole discretion, agree to participate. (b) Participating local school systems or schools shall provide, at a minimum, for:
(1) Prior notice of the placement of video monitoring cameras to the parents or guardians of each student in the approved classrooms; (2) The retention of videos recorded from video monitoring cameras placed pursuant to this Code section for no less than three months nor more than 12 months from the date of the recording; (3) The coverage by video monitoring cameras of all areas of the approved classrooms, to the extent practical; and (4) Procedures and requirements to protect the confidentiality of student records contained in videos recorded from video monitoring cameras placed pursuant to this Code section in accordance with the federal Family Educational Rights and Privacy Act and Article 15 of this chapter. (c) The video monitoring cameras shall only be used for purposes of monitoring classroom instruction, monitoring classroom interactions, and teacher observation, and
4046
JOURNAL OF THE HOUSE
review of recorded material shall only be for such purposes, except with the written permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction. Recorded material, including identity of students or demographics of students, shall not be used for marketing purposes. (d) The Department of Education shall provide guidelines and criteria regarding the effectiveness, feasibility, and benefits, including any impact on safety, and the Department of Education may require participating local school systems or schools to conduct an evaluation. If the department requires such evaluations, the department shall collect and report the results of such evaluation to the House Committee on Education and the Senate Education and Youth Committee.
(e)(1) The department shall serve as a state level flow through point for any available state or federal funding. (2) Local school systems may solicit and accept gifts, grants, and donations from any person or entity for use in placing video monitoring cameras in classrooms pursuant to this Code section."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Stovall of the 74th moved that the House agree to the Senate substitute to HB 614.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon
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 N Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd
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 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 Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
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
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
THURSDAY, MARCH 24, 2016
4047
Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y LaRiccia Y Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rhodes Y Rice Y Rogers, C
Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 165, nays 1.
The motion prevailed.
HB 798. By Representatives Chandler of the 105th, Teasley of the 37th, Stovall of the 74th, Dudgeon of the 25th, Barr of the 103rd 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 for eligibility for Zell Miller Scholarships for home study students who receive certain scores on standardized college admission tests; to revise eligibility requirements for HOPE scholarships for entering freshmen students who are home study students regarding scores on standardized college admission tests; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Part 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 for eligibility for Zell Miller Scholarships for home study students and students graduating from ineligible high schools who receive certain scores on standardized college admission tests; to revise eligibility requirements for HOPE scholarships for entering freshmen students who are home study students or students who graduated from ineligible high schools regarding scores on standardized college admission tests; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4048
JOURNAL OF THE HOUSE
SECTION 1.
Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended in Code Section 20-3-519, relating to definitions, by revising paragraph (27) as follows:
"(27) 'Zell Miller Scholarship Scholar' means a student who has met the applicable eligibility requirements to receive a HOPE scholarship in accordance with Code Section 20-3-519.2 and:
(A) As an incoming freshman: (i) Having graduated from an eligible high school with a grade point average of at least 3.7 calculated in accordance with Code Section 20-2-157 and having received a score of at least 1,200 on the combined critical reading score and math score portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016, or an ACT composite scale score of at least 26; (ii) Having graduated from an eligible high school as a valedictorian or salutatorian; or (iii) Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 or having graduated from a high school which is not an eligible high school, having received a score in the ninety-third percentile or higher on the ACT, on the combined critical reading and math portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016; or (iii)(iv) Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 or having graduated from a high school which is not an eligible high school, having received a score of at least 1,200 on the combined critical reading score and math score portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016, or an ACT composite scale score of at least 26, and earning a cumulative grade point average of at least 3.3 at an eligible postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive scholarship for such student's freshman year to be paid at the end of the freshman year; and
(B) As a sophomore, junior, senior, or first professional student who met the requirements of subparagraph (A) of this paragraph, having a cumulative grade point average of at least 3.3 at the checkpoints set forth in paragraph (1) of subsection (b) of Code Section 20-3-519.2. Notwithstanding the foregoing, a student who entered an eligible postsecondary institution as a freshman between July 1, 2007, and June 30, 2011, and met the requirements of subparagraph (A) of this paragraph may become a Zell Miller Scholarship Scholar as a sophomore, junior, senior, or first professional student.
THURSDAY, MARCH 24, 2016
4049
A student who loses eligibility to be a Zell Miller Scholarship Scholar for any reason may regain eligibility one time if the student requalifies at one of the checkpoints set forth in paragraph (1) of subsection (b) of Code Section 20-3-519.2."
SECTION 2. Said part is further amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, by revising subsection (a) as follows:
"(a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible postsecondary institution shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1:
(1) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of Code Section 202-157; (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (c) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (C) In the case of an otherwise qualified student who: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 but received the general educational development (GED) diploma awarded by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, after June 30, 1993;
4050
JOURNAL OF THE HOUSE
(ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school; or (iii) Graduated from a high school which is not an eligible high school, earning a score in the eightieth seventy-fifth percentile or higher nationally on a standardized college admission test, such as the SAT or ACT; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Chandler of the 105th moved that the House agree to the Senate substitute to HB 798.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden
Mabra Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice 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 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
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
THURSDAY, MARCH 24, 2016
4051
On the motion, the ayes were 162, nays 6.
The motion prevailed.
HB 783. By Representatives Broadrick of the 4th, Harden of the 148th, Parrish of the 158th and Hawkins of the 27th:
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 and IV controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for restricted dangerous drugs; to provide for penalties for certain violations relating to restricted dangerous drugs and nonprescription injectable insulin; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 8 of Chapter 12 and Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of low THC oil and controlled substances, respectively, so as to change the definition of low THC oil; to change certain provisions relating to Schedules I and IV controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for restricted dangerous drugs; to provide for a penalty for violations relating to nonprescription injectable insulin; 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 8 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of low THC oil, is amended by revising Code Section 16-12-190, relating to a definition, as follows:
"16-12-190. As used in this article, the term 'low THC oil' means an oil that contains an amount of cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis and an amount of cannabidiol equal to or greater than the amount of tetrahydrocannabinol."
4052
JOURNAL OF THE HOUSE
SECTION 2. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising subparagraph (P) of and adding new subparagraphs to paragraph (3) to read as follows:
"(P) Tetrahydrocannabinols which shall include, but are not limited to: (i) All synthetic or naturally produced samples containing more than 15 percent by weight of tetrahydrocannabinols; and (ii) All synthetic or naturally produced tetrahydrocannabinol samples which do Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant cannabis of the genus Cannabis;"
"(BBBB) Methoxyphencyclidine (MeO-PCP); (CCCC) 4-hydroxy-N-methyl-N-isopropyltryptamine (4-OH-MiPT); (DDDD) N,a-dimethyl-5-benzofuranethanamine (5-MAPB);"
SECTION 3. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising paragraph (12) as follows:
"(12) Any of the following compounds, derivatives, their salts, isomers, or salts of isomers, halogen analogues, or homologues, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation:
(A) Naphthoylindoles; (B) Naphthylmethylindoles; (C) Naphthoylpyrroles; (D) Naphthylideneindenes; (E) Phenylacetylindoles; (F) Cyclohexylphenols; (G) Benzoylindoles; (H) Tricyclic benzopyrans; (I) Adamantoylindoles; (J) Indazole amides; (K)[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4benzoxazin -6-yl]-1-naphthalenylmethanone (WIN 55,212-2); (L) Any compound, unless specifically excepted or listed in this or another schedule, structurally derived from 2-aminopropan-1-one by substitution at the 1position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:
THURSDAY, MARCH 24, 2016
4053
(i) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substitutions, whether or not further substituted in the ring system; (ii) By substitution at the 3-position with an acyclic alkyl substitution; or (iii) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure; (L.1) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22); (M)(1-Pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl) methanone (UR-144) Indole carboxamides; (N)[1-(5-fluoropentyl)indole-3yl]-(2,2,3,3-tetramethylcyclopropyl)methanone (XLR11) Indole carboxylates; (O) [1,1'-biphenyl]-3-yl-carbamic acid, cyclohexyl ester (URB602); (P)[1-(2-morpholin-4-ylethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl) methanone (A-796,260) Indazole carboxylates; (Q) [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate (URB597); (R) 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one (URB754); (S)1-pentyl-3-(1-adamantylamido)indole(2NE1)Indole tetramethylcyclopropanecarbonyls; (T)1-(5-fluoropentyl)-N-(tricyclo[3.31.13,7]dec-1-yl)-1H-indole-3-carboxamide (STS-135) Napthoylbenzimidazoles; (U) 1-naphthalenyl[4-(pentylox)-1-naphthalenyl]-methanone (CB-13); (V)N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide(NNEI); Naphthoylindazoles. (W) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indole-3-carboxamide (ADBICA); (X)(1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone (AM-2201 benzimidazole analog); (Y) Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); (Z) Naphthalen-1-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FDU-PB-22); (AA) Naphthalene-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (NM2201); (BB) (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (FUB-144); (CC) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indole-3carboxamide (5-fluoro-ABICA); (DD) 1-naphthalenyl(1-pentyl-1H-indazol-3-yl)-methanone (THJ 018)."
SECTION 4. Said chapter is further amended by revising Code Section 16-13-28, relating to Schedule IV controlled substances, as follows:
"16-13-28. (a) The controlled substances listed in this Code section are included in Schedule IV. Unless specifically excepted or unless listed in another schedule, any material,
4054
JOURNAL OF THE HOUSE
compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation, included as having a stimulant or depressant effect on the central nervous system or a hallucinogenic effect:
(0.5) Alfaxalone; (1) Alprazolam Alfaxalone; (1.5) Armodafinil; (2) Barbital; (2.1) Bromazepam; (2.15) Butorphanol; (2.2) Camazepam; (2.25) Carisoprodol; (2.3) Cathine; (3) Chloral betaine; (4) Chloral hydrate; (5) Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and clidinium bromide) or menrium (chlordiazepoxide and water soluble esterified estrogens); (5.1) Clobazam; (6) Clonazepam Reserved; (7) Clorazepate; (7.1)(7) Clotiazepam; (7.2) Cloxazolam; (7.3) Delorazepam; (8) Desmethyldiazepam Reserved; (8.5) Dexfenfluramine; (9) Reserved; (10) Diazepam Reserved; (11) Diethylpropion; (11.05) Difenoxin; (11.1) Estazolam; (11.5) Eluxadoline; (12) Ethchlorvynol; (13) Ethinamate; (13.1) Ethyl loflazepate; (13.15) Etizolam; (13.2) Fencamfamin; (14) Fenfluramine; (14.1) Flunitrazepam; (14.2) Fenproporex; (15) Flurazepam; (15.3)(15) Fospropofol;
THURSDAY, MARCH 24, 2016
4055
(16) Halazepam; (16.1) Haloxazolam; (16.15)(16) Indiplon; (16.2) Ketazolam; (16.3) Lometazepam; (16.4) Loprazolam; (17) Lorazepam; (17.5)(17) Lorcaserin; (18) Mazindol; (19) Mebutamate; (19.1) Medazepam; (19.2) Mefenorex; (20) Meprobamate; (21) Methohexital; (22) Methylphenobarbital; (22.1) Midazolam; (22.15)(22.1) Modafinil; (22.2) Nimetazepam; (22.3) Nitrazepam; (22.4) Nordiazepam; (23) Oxazepam Reserved; (23.1) Oxazolam; (24) Paraldehyde; (25) Pemoline; (26) Pentazocine; (27) Petrichloral; (27.5) Phenazepam; (28) Phenobarbital; (29) Phentermine; (29.1) Pipradrol; (30) Prazepam; (30.03)(30) Propofol; (30.05) Propoxyphene (including all salts and optical isomers); (30.07) Pyrazolam; (30.1) Quazepam; (30.2) Sibutramine; (30.3) SPA (-)-1-dimethylamino-1, 2-diphenylethane; (30.5) Suvorexant; (31) Temazepam Reserved; (31.5) Tramadol [2-((dimethylamino)methyl)-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers]; (32) Triazolam; (32.5)(32) Zaleplon;
4056
JOURNAL OF THE HOUSE
(33) Zolpidem; (34) Zopiclone. (b) The controlled substances in the benzodiazepine structural class include any of the following compounds, derivatives, their salts, isomers, or salts of isomers, halogen analogues, or homologues, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from 1,4-benzodiazepine by substitution at the 5-position with a phenyl ring system (which may itself be further substituted), whether or not the compound is further modified in any of the following ways: (1) By substitution at the 2-position with a ketone; (2) By substitution at the 3-position with a hydroxyl group or ester group, which itself may be further substituted; (3) By a fused triazole ring at the 1,2- position, which itself may be further substituted; (4) By a fused imidazole ring at the 1,2- position, which itself may be further substituted; (5) By a fused oxazolidine ring at the 4,5- position, which itself may be further substituted; (6) By a fused oxazine ring at the 4,5- position, which itself may be further substituted; (7) By substitution at the 7-position with a nitro group; (8) By substitution at the 7-position with a halogen group; or (9) By substitution at the 1-position with an alkyl group, which itself may be further substituted. (b)(c) The State Board of Pharmacy may except by rule any compound, mixture, or preparation containing any depressant, stimulant, or hallucinogenic substance listed in subsection (a) or (b) of this Code section from the application of all or any part of this article if the compound, mixture, or preparation contains one or more active, medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant or stimulant effect on the central nervous system."
SECTION 5. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by revising paragraphs (115.3), (323), (562), (563), and (851.02) of subsection (b) as follows:
"(115.3) Budesonide -- See exceptions;" "(323) Doxylamine succinate;"
THURSDAY, MARCH 24, 2016
4057
"(562) Meprednisone Mepivacaine; (563) Mepivacaine Meprednisone;" "(851.02) Salvinorin A Reserved;"
SECTION 6. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by adding new paragraphs to subsection (b) to read as follows:
"(19.57) Alectinib;" "(19.76) Alirocumab;" "(66.7) Asfotase;" "(69.2) Avibactam;" "(107.2) Brexpaprazole;" "(131.5) Cangrelor;" "(143.5) Cariprazine;" "(190.3) Cholic Acid;" "(207.7) Cobimetinib;" "(236.5) Daclatasvir;" "(240.4) Daratumumab;" "(243.7) Deferiprone;" "(247.8) Deoxycholic Acid;" "(295.5) Dinutuximab;" "(330.7) Edoxaban;" "(331.059) Elotuzumab;" "(380.4) Evolocumab;" "(386.1) Filgrastim-SNDZ;" "(387.7) Flibanserin;" "(464.15) Idarucizumab;" "(474.3) Insulin degludec;" "(495.5) Isavuconazonium;" "(506.72) Ivabradine;" "(506.95) Ixazomib;" "(513.74) Lenvatinib;" "(513.77) Lesinurad;" "(531.4) Lumacaftor;" "(562.5) Mepolizumab;" "(638.47) Necitumumab;" "(665.55) Osimertinib;" "(681.35) Palbociclib;" "(685.65) Panobinostat;" "(692.29) Patiromer;" "(844.8) Rolapitant;" "(849.7) Sacubitril;" "(852.05) Sebelipase;"
4058
JOURNAL OF THE HOUSE
"(852.4) Secukinumab;" "(853.7) Selexipag;" "(882.3) Sonidegib;" "(903.17) Sugammadex;" "(930.98) Talimogene;" "(967.56) Tipiracil;" "(973.6) Trabectedin;" "(1021.1) Uridine;"
SECTION 7. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by adding a new subsection to read as follows:
"(b.1) A 'restricted dangerous drug' means any other drug or substance declared by the General Assembly to have no medical use, which cannot be legally prescribed by a practitioner, and which cannot be manufactured, grown, produced, distributed, used, or otherwise possessed in this state; to include any of the following drugs, chemicals, or substances; salts, isomers, esters, ethers, or derivatives of such drugs, chemicals, or substances which have essentially the same pharmacological action; and all other salts, isomers, esters, ethers, and compounds of such drugs, chemicals, or substances unless specifically exempted, identified as 'restricted dangerous drugs':
(1) Salvinorin A; and (2) Salvia divinorum except as otherwise provided for in paragraph (4.3) of Code Section 16-13-72. This subsection shall not prohibit a person from possessing a restricted dangerous drug for the purpose of conducting research approved by the federal Food and Drug Administration."
SECTION 8. Said chapter is further amended in Code Section 16-13-71, relating to the definition of a dangerous drug, by adding a new paragraph to subsection (c) to read as follows:
"(6.1) Budesonide when used as a nasal spray in doses up to 32 mcg per spray;"
SECTION 9. Said chapter is further amended by revising Code Section 16-13-79, relating to violations of the "Dangerous Drug Act," as follows:
"16-13-79. (a) Except as provided in subsections (b), (c), and (d) of this Code section, any person who violates this article shall be guilty of a misdemeanor. (b) Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be
THURSDAY, MARCH 24, 2016
4059
punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both. (c) Any person who distributes or possesses with the intent to distribute to any person under 18 years of age nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished for not less than two years nor more than six years or by a fine not to exceed $10,000.00 or both. (d) This article shall not apply to any person who possesses, distributes, sells, or uses nitrous oxide for food preparation in a restaurant, for food service, or in household products. (e) Any person who knowingly distributes or resells any nonprescription injectable insulin product which was first obtained through an over-the-counter sale made to a patient from any pharmacy, practitioner, or other source shall be guilty of a misdemeanor. All such injectable insulin distributed or sold in this manner is considered to be an adulterated dangerous drug and unsalable, making it subject to seizure under the laws of this state."
SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Representative Broadrick of the 4th moved that the House agree to the Senate substitute to HB 783.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan
Y 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 Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price
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 Y Tanner Y Tarvin Y Taylor, D Y Taylor, T
4060
JOURNAL OF THE HOUSE
Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Prince Y Pruett Y Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y 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 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 motion, the ayes were 167, nays 4.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitutes, by the requisite constitutional majority, the following bills of the House:
HB 862. By Representatives Knight of the 130th, Powell of the 171st, Harrell of the 106th, Hitchens of the 161st and Houston of the 170th:
A BILL to be entitled an Act to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to the homestead exemption for disabled veterans, so as to clarify the definition of disabled veteran; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 885. By Representatives Jones of the 47th, Price of the 48th, Beskin of the 54th, Raffensperger of the 50th, Willard of the 51st and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to repeal a statute relating to the option for certain counties to create a county board of health and wellness by ordinance; to provide for an effective date; to provide
THURSDAY, MARCH 24, 2016
4061
for transition to county boards of health; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
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.
The following Senate substitute was read:
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 provide for election of board members and levy of taxes by certain municipal corporations; to change certain provisions relating to administration; to change certain provisions relating to taxes, fees, and assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, is amended by revising subsection (a) of Section 5 to read as follows:
"(a)(1) Except as otherwise provided in paragraph (2) of this subsection, each district created pursuant to this Act shall be administered by a board composed of at least seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority of DeKalb County should the district boundaries lie entirely within unincorporated DeKalb County. Should any of the district lie within the incorporated area of DeKalb County, only one board member shall be appointed by the governing authority of DeKalb County. One board member shall be appointed by the governing authority of each municipality within which any portion of the district lies. Two board members shall be elected by
4062
JOURNAL OF THE HOUSE
the vote of electors, and three members shall be elected by the vote of equity electors. The members representing electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2 shall be cast by electors and votes for Posts 3, 4, and 5 shall be cast by equity electors. The initial terms of office of the members representing Posts 1 and 4 shall be one year. The initial terms of office of the members representing Posts 2 and 5 shall be two years, and the initial term of office of the member representing Post 3 shall be three years. Thereafter, all terms of office shall be for three years. The appointed board members shall serve at the pleasure of the appointing authority. (2) In addition to the requirements of paragraph (1) of this subsection, the board of any district described in paragraph (2) of subsection (a) of Section 6 of this Act shall include three additional board members representing and elected by the equity electors and serving in post positions 6, 7, and 8 for initial terms of one, two, and three years, respectively. Thereafter, all terms of office for the additional board members shall be for three years."
SECTION 2. Said Act is further amended by revising subsection (a) of Section 6 to read as follows:
"(a)(1) Except as otherwise provided in paragraph (2) of this subsection, the board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed five mills of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent taxes shall bear the same interest and penalties as DeKalb County or municipal ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent of such proceeds, but not more than $25,000.00 in any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized by this Act.
THURSDAY, MARCH 24, 2016
4063
(2) Regarding any district composed of property located wholly within a municipality that exceeds 130 acres, but is less than 140 acres, in size and that forms all or part of a tax allocation district of such municipality, the board of such district may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed the limitation provided for by Paragraph III of Section VII of Article IX of the Constitution of the State of Georgia. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent taxes shall bear the same interest and penalties as DeKalb County or municipal ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent of such proceeds, but not more than $25,000.00 in any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized by this Act."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
HB 1115. By Representatives Henson of the 86th, Drenner of the 85th, Oliver of the 82nd, Taylor of the 79th, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act to make provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended, so as to allow for service of a citation for or accusation of a violation of an ordinance concerning the condition of real property by leaving a copy at the premises where the violation is allegedly to have occurred, mailing a copy to the owner of the premises, and filing with the clerk of the magistrate court; to limit sanctions for violations when such form of service is used; to provide for related matters; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
4064
JOURNAL OF THE HOUSE
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend an Act to make provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended, so as to provide for an alternate manner of service of a citation for or accusation of a violation of an ordinance concerning the condition of real property; to limit sanctions for violations when such form of service is used; to provide for related matters; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to make provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended, is amended by adding a new section to read as follows:
"SECTION 6A. A citation for or accusation of a violation of an ordinance concerning the condition of real property may be served in an alternate manner consistent with general law related to the service of such actions."
SECTION 2. This Act shall become effective on July 1, 2016, only if a general law is enacted in the 2016 regular session of the General Assembly to authorize a new manner of service specific to an accusation of a violation of an ordinance concerning the condition of real property and such general law becomes effective on or before July 1, 2016. Otherwise, this Act shall be repealed by operation of law on such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
SB 423. By Senators Jeffares of the 17th and VanNess of the 43rd:
A BILL to be entitled an Act to reestablish the Board of Commissioners of Newton County; to supersede the laws pertaining to the governing authority of Newton County; to provide for a board of commissioners, commissioner districts, a chair of the board, a county manager, a clerk to the board, and ethics provisions; to provide for meetings, agendas, and the conduct of meetings; to provide for budgeting, audits, financial condition, and approval
THURSDAY, MARCH 24, 2016
4065
of expenditures; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend the House substitute to SB 423 (LC 44 0181S) by inserting after "expenditures;" on line 5 the following: to provide for an effective date;
By replacing lines 154 through 160 with the following: (3) Members of the board shall receive reimbursement for actual and necessary expenses incurred as a result of performing their official duties. The members of the board shall receive reimbursement for mileage driven on county business in a personal vehicle. Such reimbursement shall correspond to the rate per mile authorized for employees of the State of Georgia. Reimbursements shall be paid only upon presentation of an itemized statement of expenses and mileage.
By replacing lines 265 through 271 with the following: (3) The chair shall receive reimbursement for actual and necessary expenses incurred as a result of performing his or her official duties. The chair shall receive reimbursement for mileage driven on county business in a personal vehicle. Such reimbursement shall correspond to the rate per mile authorized for employees of the State of Georgia. Reimbursements shall be paid only upon presentation of an itemized statement of expenses and mileage.
By inserting between lines 488 and 489 the following: This Act shall become effective on January 1, 2017.
SECTION 3.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the agreement to the Senate substitutes or amendment, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood
Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver 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
4066
JOURNAL OF THE HOUSE
Y Bennett, K Bennett, T
Y Bentley Y Benton
Beskin Y Beverly Y Blackmon
Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Houston Y Howard Y Hugley Y Jackson 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker
On the agreement to the Senate substitutes or amendment, the ayes were 166, nays 0.
The House has agreed to the Senate substitutes or amendment.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
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 Senate amendment was read:
THURSDAY, MARCH 24, 2016
4067
The Senate moves to amend HB 362 (LC 33 6032S) by inserting after "prescriptions;" on line 11 the following:
to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to delegation of authority to physician assistants, so as to authorize a physician to delegate to a physician assistant the authority to prescribe hydrocodone compound products under certain conditions; to require additional continuing education;
By inserting between lines 86 and 87 the following:
SECTION 2A. Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to delegation of authority to physician assistants, is amended by revising paragraph (1) and by adding a new paragraph to subsection (e.1) to read as follows:
"(e.1)(1)(A) In addition to and without limiting the authority granted by Code Section 43-34-23, a physician may delegate to a physician assistant, in accordance with a job description, the authority to issue a prescription drug order or orders for any device as defined in Code Section 26-4-5 or to issue any dangerous drug as defined in Code Section 16-13-71, any hydrocodone compound product in accordance with subparagraph (B) of this paragraph, or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (3) of this subsection. Delegation of such authority shall be contained in the job description required by this Code section. The delegating physician shall remain responsible for the medical acts of the physician assistant performing such delegated acts and shall adequately supervise the physician assistant. If an existing job description for a physician assistant does not contain such authority to order a prescription drug or device order as provided by this subsection, that physician assistant may not issue any such prescription drug or device order until a new job description delegating such authority is submitted to and approved by the board. Nothing in this Code section shall be construed to authorize the written prescription drug order of a Schedule I or II controlled substance, with the exception of hydrocodone compound products.
(B)(i) A physician may delegate to a physician assistant, in accordance with a job description, the authority to issue a prescription drug order or orders for any hydrocodone compound product in accordance with any requirements and limitations established by the board. (ii) A physician shall not delegate to a physician assistant the authority to issue a prescription drug order or orders for any hydrocodone compound product which is not within the scope of practice of such physician." "(11.1) A physician assistant delegated the authority by the primary supervising physician to issue a prescription drug order for a hydrocodone compound product shall be
4068
JOURNAL OF THE HOUSE
required to complete three hours of continuing education biennially in the appropriate ordering and use of hydrocodone compound products."
The following amendment was read and adopted:
Representative Clark of the 101st offers the following amendment:
Amend the Senate amendment (AM 33 1541) to HB 362 by deleting all lines 1 through 39 and inserting in lieu thereof the following:
Amend HB 362 (LC 33 6032S) by striking lines 1 through 88 and inserting in lieu thereof the following: 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 or pseudoephedrine; to provide for definitions; to revise provisions relating to 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 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by revising Code Section 16-13-30.3, relating to possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine and restrictions on sales of products containing pseudoephedrine, as follows:
"16-13-30.3. (a) As used in this Code section, the term:
(1) 'Ephedrine,' or 'pseudoephedrine,' or 'phenylpropanolamine' means any drug product containing ephedrine, or pseudoephedrine, or phenylpropanolamine, or any of their salts, isomers, or salts of isomers, alone or in a mixture. (2) 'Personal use' means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine in quantities at or below that specified in subsection (b) of this Code section, and includes the sale of those products to employers to be dispensed to employees from first-aid kits or medicine chests. (3) 'Retail distributor' means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which involve the distribution of ephedrine, pseudoephedrine, or phenylpropanolamine products. (2) 'Georgia Meth Watch' means the program entitled Georgia Meth Watch or a similar program which has been promulgated, approved, and distributed by the Georgia Council on Substance Abuse.
THURSDAY, MARCH 24, 2016
4069
(3) 'Pharmacy' has the same meaning as in Code Section 26-4-5. (4) 'Real-time electronic logging system' means an electronic system approved by the Georgia Bureau of Investigation which is operated in real time and which can track required information and generate a stop sale alert to notify a pharmacy that a purchase of ephedrine or pseudoephedrine which exceeds the quantity limits set forth in this Code section is being attempted. Such system shall:
(A) Contain an override function that will not only allow a pharmacy to complete a sale in violation of this Code section when the person making the sale is in reasonable fear of imminent bodily harm if he or she does not complete the sale but also will track any override sales made; (B) Be accessible to the state, pharmacies, and law enforcement agencies, without a charge or fee, including a transaction fee; and (C) Have real-time interstate communicability with similar systems in other states. (5) 'Required information' means the full name and address of the purchaser; the type of government issued photographic identification presented, including the issuer and identification number; a description of the nonprescription product purchased which contains ephedrine or pseudoephedrine, including the number of grams of pseudoephedrine in the product; and the date and time of the purchase. (b)(1) It is shall be unlawful for any person, other than a person or entity described in paragraph (22), (28), (29), (30), or (33), or (41) of Code Section 26-4-5 or a retail distributor, to knowingly possess any product that contains ephedrine, or pseudoephedrine, or phenylpropanolamine in an amount which exceeds 300 pills, tablets, gelcaps, capsules, or other individual units or more than 9 grams of ephedrine, or pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller. (2) It shall be unlawful for any person to possess any amount of a substance set forth in this Code section product containing ephedrine or pseudoephedrine with the intent to manufacture amphetamine or methamphetamine. (3) Any person who violates the provisions of this Code section subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (b.1)(c)(1) Products whose sole active ingredient is pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent. Nonprescription products whose sole active ingredient is ephedrine or pseudoephedrine shall only be sold in a pharmacy in a manner which complies with State Board of Pharmacy rules established pursuant to Code Section 16-13-29.2. (2) No person shall deliver in any single over the counter sale more than three packages of any product containing pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of pseudoephedrine or its base, salts, optical isomers, or salts of its optical isomers distribute or purchase any nonprescription
4070
JOURNAL OF THE HOUSE
product containing more than 3.6 grams of ephedrine or pseudoephedrine per day in dosage form or more than 9 grams of ephedrine or pseudoephedrine per 30 day period in dosage form of any product. The limits set forth in this paragraph shall apply to the total amount of ephedrine or pseudoephedrine contained in the product and not the overall weight of such product. (3) The pharmacy shall maintain a record of required information for each sale of a nonprescription product which contains ephedrine or pseudoephedrine for a period of two years from the date of each transaction. Except as to law enforcement agencies in this state which shall be provided immediate access by a pharmacy to all written and electronic logs or records upon request, the records maintained by a pharmacy pursuant to this Code section shall not be disclosed. Pharmacies may destroy the required information collected pursuant to this subsection after two years from the date of the transaction.
(4)(A) On and after January 1, 2017, pharmacies shall, before completing a sale of a nonprescription product which contains ephedrine or pseudoephedrine, electronically track all such sales and submit the required information to a real-time electronic logging system. A pharmacy shall not complete the sale of a nonprescription product which contains ephedrine or pseudoephedrine if the realtime electronic logging system generates a stop sale alert except as provided in subparagraph (a)(4)(A) of this Code section. (B) If a pharmacy selling a nonprescription product which contains ephedrine or pseudoephedrine experiences mechanical or electronic failure of the real-time electronic logging system and is unable to comply with the requirements of this paragraph, the pharmacy shall maintain a written log or an alternative electronic recording mechanism until such time as the pharmacy is able to comply with the electronic logging requirement. (C) Absent negligence, wantonness, recklessness, or deliberate misconduct, any pharmacy utilizing the real-time electronic logging system in accordance with this paragraph shall not be civilly liable as a result of any act or omission in carrying out the duties required by this paragraph and shall be immune from liability to any third party unless the pharmacy has violated any provision of this paragraph in relation to a claim brought for such violation. (D) The Georgia Bureau of Investigation shall provide real-time access to records on such logging system through an online portal to law enforcement agencies in this state. (3)(5) It shall be unlawful for a retail distributor pharmacy to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor licensed by the State Board of Pharmacy. (4) This subsection shall not apply to: (A) Pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under 12 years of age according to label instructions; and
THURSDAY, MARCH 24, 2016
4071
(B) Products that the State Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors. (5)(6) This subsection shall preempt all local ordinances or regulations governing the retail sale of over the counter products containing ephedrine or pseudoephedrine by a retail business except such local ordinances or regulations that existed on or before December 31, 2004. Effective January 1, 2006, this subsection shall preempt all local ordinances. (6)(A) Except as otherwise provided herein, it shall be unlawful for any person knowingly to violate any prohibition contained in paragraph (1), (2), or (3) of this subsection. (B)(7)(A) Any person convicted of a violation of paragraph (1), or (2), (3), or (4) of this subsection shall be guilty of a misdemeanor which, upon the first conviction, shall be punished by a fine of not more than $500.00 and, upon the second or subsequent conviction, shall be punished by not more than six months' imprisonment or a fine of not more than $1,000.00, or both. (C)(B) Any person convicted of a violation of paragraph (3) (5) of this subsection shall, upon the first conviction, be guilty of a misdemeanor and, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature. (D)(C) It shall be a defense to a prosecution pursuant to this paragraph by law enforcement of a retail business or owner or operator thereof pharmacy for violation of paragraph (1), or (2), (3), (4), or (5) of this subsection that, at the time of the alleged violation, all of the employees of the retail business pharmacy had completed training complying with standards established under Georgia Meth Watch, as such standards existed on June 30, 2016, and the retail business pharmacy was in compliance with procedures established by Georgia Meth Watch, and the defendant did not knowingly, willfully, or intentionally violate paragraph (1) or (2) of this subsection. For purposes of this subsection only, the term 'Georgia Meth Watch' shall mean that program entitled 'Georgia Meth Watch' or similar program which has been promulgated, approved, and distributed by the Georgia Council on Substance Abuse as such standards existed on June 30, 2016; provided, however, that this subparagraph shall not apply to the State Board of Pharmacy or prevent it from taking disciplinary action for a violation of this subsection. (7) Except as otherwise provided in this subsection, the State Board of Pharmacy may adopt reasonable rules and regulations to effectuate the provisions of this subsection. The board is further authorized to charge reasonable fees to defray expenses incurred in maintaining any records or forms necessitated by this subsection or otherwise administering any other provisions of this subsection. (c)(d) This Code section shall not apply to: (1) Pediatric products primarily intended for administration to children under 12 years of age, according to label instructions, either:
4072
JOURNAL OF THE HOUSE
(A) In solid dosage form whose recommended dosage, according to label instructions, does not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per individual dosage unit; or (B) In liquid form whose recommended dosage, according to label instructions, does not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product; (2) Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce; or (3) Products products that the State Board of Pharmacy, upon application of a manufacturer, exempts by rule from this Code section because the product has been formulated in such a way as to prevent effectively the conversion of the active ingredient into methamphetamine or its salts or precursors. (d)(e) Except as authorized by this article, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute any substance product containing any amounts of ephedrine, or pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, or crushed. This subsection shall not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Clark of the 101st moved that the House agree to the Senate amendment, as amended by the House, to HB 362.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison N Atwood
Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K
Bennett, T Bentley Y Benton Y Beskin
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 E Drenner
Dudgeon
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley
Jackson Y Jasperse
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle
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
Tanner
THURSDAY, MARCH 24, 2016
4073
Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
Y Dukes Y Dunahoo E 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 Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain Y Meadows
Y Powell, A Y Powell, J
Price Y Prince
Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Setzler Y Sharper Y Shaw Y Sims
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 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 motion, the ayes were 143, nays 14.
The motion prevailed.
HB 960. By Representatives Kelley of the 16th, Sims of the 123rd, Dempsey of the 13th, Harrell of the 106th, Houston of the 170th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 48 of the O.C.G.A., relating to state administration and collection of revenue, so as to provide for confidentiality of certain tax information; to provide for an interest rate on delinquent payments that adjusts to reflect changes in the prime rate; to adjust the penalties for nonpayment of ad valorem taxes to offset the reduction in interest rate; to make distribution of penalties equitable between taxing jurisdictions; to provide for additional procedures, conditions, and limitations; to provide for notice to political subdivisions upon the filing of certain tax refund requests; to provide for confidentiality of taxpayer information; to provide for automatic transfer to the Georgia Tax Tribunal in certain cases; 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
4074
JOURNAL OF THE HOUSE
To amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and collection of revenue, so as to provide for confidentiality of certain tax information; to provide for an interest rate on delinquent payments that adjusts to reflect changes in the prime rate; to adjust the penalties for nonpayment of ad valorem taxes to offset the reduction in interest rate; to make distribution of penalties equitable between taxing jurisdictions; to provide for additional procedures, conditions, and limitations; to provide for notice to political subdivisions upon the filing of certain tax refund requests; to provide for confidentiality of taxpayer information; to amend Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, so as to provide for automatic transfer to the Georgia Tax Tribunal in certain 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 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and collection of revenue, is amended by revising subsection (b) and adding a new subsection to Code Section 48-2-15, relating to confidential information, to read as follows:
"(b) This Code section shall not: (1) Be construed to prevent the use of confidential information as evidence before any state or federal court in the event of litigation involving tax liability of any taxpayer; (2) Be deemed to prevent the print or electronic publication of statistics so arranged as not to reveal information respecting an individual taxpayer; (3) Apply in any way whatsoever to any official finding of the commissioner with respect to any assessment or any information properly entered upon an assessment roll or other public record; (4) Affect any information which in the regular course of business is by law made the subject matter of a public document in any federal or state office or in any local office in this state; or (5) Apply to information, records, and reports required and obtained under Article 1 of Chapter 9 of this title, which requires distributors of motor fuels to make reports of the amounts of motor fuels sold and used in each county by the distributor, or under Article 2 of Chapter 9 of this title, relating to road tax on motor carriers; or (6) Be construed to prevent the disclosure of information, so arranged as not to reveal information respecting an individual taxpayer, requested by the House Committee on Ways and Means or the Senate Finance Committee regarding the department's administration of any tax."
"(f) This Code section shall not be construed to prohibit disclosure as required in subsection (h) of Code Section 48-2-35."
THURSDAY, MARCH 24, 2016
4075
SECTION 2.
Said chapter is further amended by revising subsections (a) and (f) and adding new subsections in Code Section 48-2-35, relating to refunds of taxes and fees determined to have been erroneously or illegally assessed and collected, to read as follows:
"(a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest, except as provided in subsection (b) of this Code section, on the amount of the taxes or fees at the rate of 1 percent per month from the date of payment of the tax or fee to the commissioner at an annual rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical release H. 15 or any publication that may supersede it, plus 3 percent, to accrue monthly. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H. 15 on or after January 1 of each calendar year. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount of the refund, and the reason for the refund." "(f) For purposes of all claims for refund of sales and use taxes erroneously or illegally assessed and collected, the term 'taxpayer,' as defined under Code Section 48-2-35.1, shall apply. Such claim for refund shall contain the total refund claimed and the allocation of the local sales and use tax by the political subdivision. (g) Any taxpayer required to pay taxes electronically in accordance with paragraph (2.1) of subsection (f) of Code Section 48-2-32 shall also file any claims for refund electronically. The department shall make claim for refund forms consistent with this subsection electronically available.
(h)(1) As used in this subsection, the term: (A) 'Political subdivision designee' means the chief officer or officers designated by the political subdivision to receive information about a refund claim of local significance pursuant to this subsection. Each political subdivision shall certify to the commissioner that any such designee is so authorized on a form and in a manner prescribed by the department. (B) 'Refund claim of local significance' means a taxpayer's claim for refund of sales and use taxes erroneously or illegally assessed and collected or the department's discovery of any overpayment of such taxes, if such claim for refund or overpayment is for an amount equal to or greater than 10 percent of the total yearly average of aggregate sales and use tax distributions to any single political subdivision based on the average of the three most recent calendar years.
(2) Within 30 business days following the department's receipt of a refund claim of local significance, the department shall notify each affected political subdivision's political subdivision designee that a refund claim of local significance has been received and shall furnish the taxpayer with a copy of such notification. Such notification shall include the date the refund claim of local significance was filed, the
4076
JOURNAL OF THE HOUSE
amount in the claim for refund for which the political subdivision itself would be responsible if the request is granted, and a copy of the confidentiality provisions in Code Section 48-2-15 and this Code section. After the department has completed an audit of the claim for refund and determined a final refund amount, the department shall supplement the above notice by transmitting to the political subdivision designee the final refund amount for which the political subdivision is responsible. (3) Any information supplied to a political subdivision designee pursuant to this subsection shall retain, in the hands of the local official, its privileged and confidential nature to the same extent and under the same conditions as such information is privileged and confidential in the hands of the commissioner, pursuant to Code Section 48-2-15. It shall be the responsibility of the political subdivision designee, and not the department, to protect privileged and confidential information received under this subsection. Any person who divulges any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as provided for divulgence of tax information by employees of the department. Though privileged and confidential information shall not be disclosed, the political subdivision designee may make reasonable budgetary recommendations to elected officials, city managers, and tax officials in political subdivisions based on the confidential information furnished. The department shall not be subject to any criminal or civil liability for the unauthorized divulgence of privileged and confidential information by a political subdivision designee. Notwithstanding the foregoing, in the event all or any portion of the refund claim of local significance is for a tax levied under Part 1 of Article 3 of Chapter 8 of this title, the affected county shall not be in violation of this confidential provision if it notifies all municipal political subdivision designees in the county that such notification has been received from the department. (4) The commissioner, by rule or regulation, shall establish guidelines for identifying and producing documents to the Department of Audits and Accounts for review relating to the handling of refund claims of local significance. In the event of such review, the Department of Audits and Accounts shall assess whether the department followed proper procedures and used appropriate methodology to reach its final determination on a refund claim of local significance. (5) Any refund claims of local significance pending with the department for two years after the claim for refund was filed shall be automatically transferred to the Georgia Tax Tribunal as a declaratory judgment of the commissioner requesting a show cause proceeding pursuant to Code Section 50-13A-19.1."
SECTION 3. Said chapter is further amended by revising Code Section 48-2-40, relating to the rate of interest on past due taxes, as follows:
"48-2-40. Except as otherwise expressly provided by law, taxes owed the state or any local taxing jurisdiction shall bear interest at the rate of 1 percent per month at an annual rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve
THURSDAY, MARCH 24, 2016
4077
System in statistical release H. 15 or any publication that may supersede it, plus 3 percent, to accrue monthly. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H. 15 on or after January 1 of each calendar year. Interest shall begin to accrue from the date the tax is due until the date the tax is paid. For the purposes of this Code section, any period of less than one month shall be considered to be one month. This Code section shall also apply to alcoholic beverage taxes."
SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 48-2-44, relating to penalties and interest on failure to file return or timely pay taxes held in trust for the state, as follows:
"(b)(1) In any instance in which any person willfully fails, on or after July 1, 1981, to pay, within 90 120 days of the date when due, any ad valorem tax owed the state or any local government, 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 tax due and not paid at the time such penalty is assessed, together with interest as specified by law. This 10 percent penalty After 120 days from the imposition of the initial penalty, an additional penalty of 5 percent of any tax amount remaining due shall be imposed at each subsequent 120 day period, together with interest as specified by law. The aggregate amount of penalties imposed pursuant to this subsection shall not exceed an amount equal to 20 percent of the principal amount of the tax originally due. These penalties 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 Interest earned by the tax
4078
JOURNAL OF THE HOUSE
commissioner on taxes collected but not yet disbursed shall be distributed pro rata based on each taxing jurisdiction's share of the total amount upon which the interest was computed; 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 Penalties collected for failure to return property for ad valorem taxation or failure to pay ad valorem taxes, and 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 penalty or interest was computed."
SECTION 5. Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, is amended by adding a new Code section to read as follows:
"50-13A-19.1. (a) The tribunal shall docket the declaratory judgments of the revenue commissioner pursuant to subsection (h) of Code Section 48-2-35 as actions in the tribunal without the filing of a petition for relief.
(b)(1) The tribunal shall determine by interlocutory order the party at fault for the delay in finally determining a claim for refund. (2) If the tribunal determines that the Department of Revenue is primarily at fault, the order shall require that the Department of Revenue pay all interest due to the taxpayer on the claim for refund, including the interest due on the local sales and use tax deemed to have been illegally or erroneously collected. The tribunal shall thereafter remand the matter back to the Department of Revenue for determination on the underlying claim for refund. (3) If the tribunal determines that the taxpayer who made the claim for refund is primarily at fault, the order shall prohibit the accrual of any interest due to the taxpayer on the finally determined claim for refund. The tribunal shall thereafter remand the matter back to the Department of Revenue for determination on the underlying claim for refund. (4) If the tribunal determines that the delay is justified, the order shall remand the matter back to the Department of Revenue for determination and for further hearings at the tribunal's discretion. (c) The tribunal, at its discretion, may award reasonable attorneys' fees to either party in such proceedings. (d) Orders of the tribunal issued pursuant to this Code section shall be excluded from the provisions of subsection (d) of Code Section 50-13A-15. (e) Except as otherwise provided in this Code section, such actions shall follow the procedures and tribunal rules applicable to other proceedings within the tribunal."
THURSDAY, MARCH 24, 2016
4079
SECTION 6. This Act shall become effective on July 1, 2016. The new penalty and interest rates provided in Sections 2, 3, and 4 of this Act shall apply to penalties and interest accrued on or after the effective date of this Act.
SECTION 7. All law and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Kelly of the 16th and Powell of the 171st offer the following amendment:
Amend the Senate substitute to HB 960 (LC 43 0398ERS) by deleting all matter from line 1 through the end and inserting in lieu thereof the following: To amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and collection of revenue, so as to provide for confidentiality of certain tax information; to provide for an interest rate on delinquent payments that adjusts to reflect changes in the prime rate; to adjust the penalties for nonpayment of ad valorem taxes to offset the reduction in interest rate; to provide for the distribution of penalties between taxing jurisdictions; to provide for additional procedures, conditions, and limitations; to provide for notice to political subdivisions upon the filing of certain tax refund requests; to provide for confidentiality of taxpayer information; to amend Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, so as to provide for automatic transfer to the Georgia Tax Tribunal in certain 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 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and collection of revenue, is amended by revising subsection (b) and adding a new subsection to Code Section 48-2-15, relating to confidential information, to read as follows:
"(b) This Code section shall not: (1) Be construed to prevent the use of confidential information as evidence before any state or federal court in the event of litigation involving tax liability of any taxpayer; (2) Be deemed to prevent the print or electronic publication of statistics so arranged as not to reveal information respecting an individual taxpayer;
4080
JOURNAL OF THE HOUSE
(3) Apply in any way whatsoever to any official finding of the commissioner with respect to any assessment or any information properly entered upon an assessment roll or other public record; (4) Affect any information which in the regular course of business is by law made the subject matter of a public document in any federal or state office or in any local office in this state; or (5) Apply to information, records, and reports required and obtained under Article 1 of Chapter 9 of this title, which requires distributors of motor fuels to make reports of the amounts of motor fuels sold and used in each county by the distributor, or under Article 2 of Chapter 9 of this title, relating to road tax on motor carriers; or (6) Be construed to prevent the disclosure of information, so arranged as not to reveal information respecting an individual taxpayer, requested by the House Committee on Ways and Means or the Senate Finance Committee regarding the department's administration of any tax." "(f) This Code section shall not be construed to prohibit disclosure as required in subsection (h) of Code Section 48-2-35."
SECTION 2. Said chapter is further amended by revising subsections (a) and (f) and adding new subsections in Code Section 48-2-35, relating to refunds of taxes and fees determined to have been erroneously or illegally assessed and collected, to read as follows:
"(a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest, except as provided in subsection (b) of this Code section, on the amount of the taxes or fees at the rate of 1 percent per month from the date of payment of the tax or fee to the commissioner at an annual rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical release H. 15 or any publication that may supersede it, plus 3 percent, to accrue monthly. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H. 15 on or after January 1 of each calendar year. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount of the refund, and the reason for the refund." "(f) For purposes of all claims for refund of sales and use taxes erroneously or illegally assessed and collected, the term 'taxpayer,' as defined under Code Section 48-2-35.1, shall apply. Such claim for refund shall contain the total refund claimed and the allocation of the local sales and use tax by the political subdivision. (g) Any taxpayer required to pay taxes electronically in accordance with paragraph (2.1) of subsection (f) of Code Section 48-2-32 shall also file any claims for refund electronically. The department shall make claim for refund forms consistent with this subsection electronically available.
THURSDAY, MARCH 24, 2016
4081
(h)(1) As used in this subsection, the term: (A) 'Political subdivision designee' means the chief officer or officers designated by the political subdivision to receive information about a refund claim of local significance pursuant to this subsection. Each political subdivision shall certify to the commissioner that any such designee is so authorized on a form and in a manner prescribed by the department. (B) 'Refund claim of local significance' means a taxpayer's claim for refund of sales and use taxes erroneously or illegally assessed and collected or the department's discovery of any overpayment of such taxes, if such claim for refund or overpayment is for an amount equal to or greater than 10 percent of the total yearly average of aggregate sales and use tax distributions to any single political subdivision based on the average of the three most recent calendar years.
(2) Within 30 business days following the department's receipt of a refund claim of local significance, the department shall notify each affected political subdivision's political subdivision designee that a refund claim of local significance to the political subdivision has been received and shall furnish the taxpayer with a copy of such notification. Such notification shall include the date the refund claim of local significance was filed, the amount in the claim for refund for which the political subdivision itself would be responsible if the request is granted, and a copy of the confidentiality provisions in Code Section 48-2-15 and this Code section. After the department has completed an audit of the claim for refund and determined a final refund amount, the department shall supplement the above notice by transmitting to the political subdivision designee the final refund amount for which the political subdivision is responsible. (3) Any information supplied to a political subdivision designee pursuant to this subsection shall retain, in the hands of the local official, its privileged and confidential nature to the same extent and under the same conditions as such information is privileged and confidential in the hands of the commissioner, pursuant to Code Section 48-2-15. It shall be the responsibility of the political subdivision designee, and not the department, to protect privileged and confidential information received under this subsection. Any person who divulges any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as provided for divulgence of tax information by employees of the department. Though privileged and confidential information shall not be disclosed, the political subdivision designee may make reasonable budgetary recommendations to elected officials, city managers, and tax officials in political subdivisions based on the confidential information furnished. The department shall not be subject to any criminal or civil liability for the unauthorized divulgence of privileged and confidential information by a political subdivision designee. Notwithstanding the foregoing, in the event all or any portion of the refund claim of local significance is for a tax levied under Part 1 of Article 3 of Chapter 8 of this title, the affected county shall not be in violation of this confidential provision if it notifies all municipal political subdivision designees in the county that such notification has been received from the department.
4082
JOURNAL OF THE HOUSE
(4) The commissioner, by rule or regulation, shall establish guidelines for identifying and producing documents to the Department of Audits and Accounts for review relating to the handling of refund claims of local significance. In the event of such review, the Department of Audits and Accounts shall assess whether the department followed proper procedures and used appropriate methodology to reach its final determination on a refund claim of local significance. (5) Any refund claims of local significance pending with the department for two years after the claim for refund was filed shall be automatically transferred to the Georgia Tax Tribunal as a declaratory judgment of the commissioner requesting a show cause proceeding pursuant to Code Section 50-13A-19.1."
SECTION 3. Said chapter is further amended by revising Code Section 48-2-40, relating to the rate of interest on past due taxes, as follows:
"48-2-40. Except as otherwise expressly provided by law, taxes owed the state or any local taxing jurisdiction shall bear interest at the rate of 1 percent per month at an annual rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical release H. 15 or any publication that may supersede it, plus 3 percent, to accrue monthly. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H. 15 on or after January 1 of each calendar year. Interest shall begin to accrue from the date the tax is due until the date the tax is paid. For the purposes of this Code section, any period of less than one month shall be considered to be one month. This Code section shall also apply to alcoholic beverage taxes."
SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 48-2-44, relating to penalties and interest on failure to file return or timely pay taxes held in trust for the state, as follows:
"(b)(1) In any instance in which any person willfully fails, on or after July 1, 1981, to pay, within 90 120 days of the date when due, any ad valorem tax owed the state or any local government, such person shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 5 percent of the amount of tax due and not paid at the time such penalty is assessed, together with interest as specified by law. This 10 percent penalty After 120 days from the imposition of the initial penalty, an additional penalty of 5 percent of any tax amount remaining due shall be imposed, together with interest as specified by law. If any tax amount remains due after 120 days from the imposition of such additional penalty, a penalty of 5 percent shall be imposed, together with interest as specified by law. Should any tax amount remain due 120 days after such date, a penalty of 5 percent shall be imposed, together with interest as specified by law. The aggregate amount of penalties imposed pursuant to
THURSDAY, MARCH 24, 2016
4083
this subsection shall not exceed an amount equal to 20 percent of the principal amount of the tax originally due. These penalties 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, pay ad valorem taxes attributable to the Board of Education or independent school district 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 earned by the tax commissioner on taxes collected but not yet disbursed shall be distributed pro rata based on each taxing jurisdiction's share of the total amount upon which the interest was computed; and (B)(C) Except as otherwise provided in subparagraph (A) of this paragraph, penalties collected for failure to return property for ad valorem taxation or failure to pay ad valorem taxes, and interest 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 penalty or interest was computed."
SECTION 5. Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, is amended by adding a new Code section to read as follows:
"50-13A-19.1. (a) The tribunal shall docket the declaratory judgments of the revenue commissioner pursuant to subsection (h) of Code Section 48-2-35 as actions in the tribunal without the filing of a petition for relief.
(b)(1) The tribunal shall determine by interlocutory order the party at fault for the delay in finally determining a claim for refund. (2) If the tribunal determines that the Department of Revenue is primarily at fault, the order shall require that the Department of Revenue pay all interest due to the taxpayer
4084
JOURNAL OF THE HOUSE
on the claim for refund, including the interest due on the local sales and use tax deemed to have been illegally or erroneously collected. The tribunal shall thereafter remand the matter back to the Department of Revenue for determination on the underlying claim for refund. (3) If the tribunal determines that the taxpayer who made the claim for refund is primarily at fault, the order shall prohibit the accrual of any interest due to the taxpayer on the finally determined claim for refund. The tribunal shall thereafter remand the matter back to the Department of Revenue for determination on the underlying claim for refund. (4) If the tribunal determines that the delay is justified, the order shall remand the matter back to the Department of Revenue for determination and for further hearings at the tribunal's discretion. (c) The tribunal, at its discretion, may award reasonable attorneys' fees to either party in such proceedings. (d) Orders of the tribunal issued pursuant to this Code section shall be excluded from the provisions of subsection (d) of Code Section 50-13A-15. (e) Except as otherwise provided in this Code section, such actions shall follow the procedures and tribunal rules applicable to other proceedings within the tribunal."
SECTION 6.
(a) This Act shall become effective on July 1, 2016. (b) The new penalty and interest rates provided in Sections 2, 3, and 4 of this Act shall apply to penalties and interest accrued on or after the effective date of this Act. (c) The new notification requirement and the automatic transfer to the Georgia Tax Tribunal requirement contained in Section 2 of this Act regarding a refund claim of local significance shall apply to claims for refund received by the department on or after the effective date of this Act.
SECTION 7. All law 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, as amended by the House, to HB 960.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood
Ballinger Y Barr Y Battles Y Beasley-Teague
Belton
Y Cooke Y Coomer Y Cooper N Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Hightower N Hitchens Y Holcomb
Holmes
Y Metze Y Mitchell N Morris
Mosby N Nimmer N Nix Y Oliver 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
THURSDAY, MARCH 24, 2016
4085
Y Bennett, K Y Bennett, T Y Bentley N Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant N Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson N Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas
Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dickson Y Dollar Y Douglas E Drenner N Dudgeon Y Dukes N Dunahoo E Duncan Y Ealum N Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon Y Gravley N Greene
Y Houston Y Howard Y Hugley
Jackson N Jasperse Y Jones, J N 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Parsons Peake
Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Reeves N Rhodes Rice Y Rogers, C Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Werkheiser Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 142, nays 19.
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 bill of the House:
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.
4086
JOURNAL OF THE HOUSE
The Senate has agreed to the House substitutes to the following bills of the Senate:
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 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.
SB 379. By Senators Ginn of the 47th, Wilkinson of the 50th, Harper of the 7th, Mullis of the 53rd, Albers of the 56th 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 taxes, so as to provide an exemption for fire districts which have elected governing bodies and are supported by ad valorem taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 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.
THURSDAY, MARCH 24, 2016
4087
The Senate has agreed to the House substitute to the following resolution of the Senate:
SR 1027. By Senators Mullis of the 53rd, Miller of the 49th, Cowsert of the 46th, Tate of the 38th and Jackson of the 24th:
A RESOLUTION creating the Joint Music Economic Development Study Committee; and for other purposes.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 936. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Duncan of the 26th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from income taxes, so as to clarify certain terms in respect to the wages necessary to qualify for a jobs tax credit; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from income taxes, so as to provide for an income tax credit for members of the Georgia State Defense Force; to clarify certain terms in respect to the wages necessary to qualify for a jobs tax credit; 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, computation, and exemptions from income taxes, is amended by adding a new Code section to read as follows:
"48-7-29.20. (a) As used in this Code section, the term:
(1) 'Georgia State Defense Force' means the organization established pursuant to Part 3 of Article 1 of Chapter 2 of Title 38.
4088
JOURNAL OF THE HOUSE
(2) 'Georgia State Defense Force member' means an individual who is an active member in good standing of the Georgia State Defense Force for at least eight months. (b) A Georgia State Defense Force member shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount not to exceed $500.00 per taxable year. In no event shall the amount of the tax credit exceed the taxpayer's income tax liability for any taxable year, and any unused tax credit shall not be allowed to be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (c) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 2. Said article is further amended by revising paragraph (1) of subsection (e) of Code Section 48-7-40, relating to designating counties as less developed areas, as follows:
"(e)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under this article equal to $750.00 annually for each new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years. Where a business enterprise is engaged in a competitive project located in a
THURSDAY, MARCH 24, 2016
4089
county designated by the commissioner of community affairs as a tier 2 county and where the amount of the credit provided in this paragraph exceeds such business enterprise's liability for taxes imposed under this article in a taxable year, or where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 3 or tier 4 county and where the amount of the credit provided in this paragraph exceeds 50 percent of such business enterprise's liability for taxes imposed under this article in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer. The number of new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those business enterprises that increase employment by two or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the each new jobs job created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time employee job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier."
4090
JOURNAL OF THE HOUSE
SECTION 3.
Said article is further amended by revising subsections (a) and (e) of Code Section 48-740.1, relating to tax credits for business enterprises in less developed areas, as follows:
"(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, including, but not limited to, the manufacturing of alternative energy products for use in solar, wind, battery, bioenergy, biofuel, and electric vehicle enterprises, warehousing and distribution, processing, telecommunications, broadcasting, tourism, biomedical manufacturing, and research and development industries. Such term shall not include retail businesses. Businesses are eligible for the tax credit provided by this Code section at an individual establishment of the business based on the classification of the individual establishment under the North American Industry Classification System. For purposes of this Code section, the term 'establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity will be eligible for the tax credit provided by this Code section. (3) 'New full-time employee job' means a newly created position of employment that was not previously located in this state, 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."
"(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under
THURSDAY, MARCH 24, 2016
4091
Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new fulltime employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit; provided, however, that within areas of pervasive poverty as designated under paragraphs (2) and (4) of subsection (c) of this Code section businesses shall only have to increase employment by two or more jobs in order to be eligible for the credit, provided that, if a business only increases employment by two jobs, the persons hired for such jobs shall not be married to one another. The average wage of the each new jobs job created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time employee job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below five or two, as applicable. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Fludd of the 64th et al. offer the following amendment:
Amend the substitute to HB 936 (LC 34 4944ERS) by deleting line 3 and inserting in lieu thereof the following:
clarify
By deleting line 5 and inserting in lieu thereof the following: an income tax credit for employers who hire certain qualified parolees for full-time jobs; to provide for rules and regulations related to such income tax credit; to provide for certain conditions and limitations; to require annual reporting of certain statistics related to such credit; to provide for definitions; to provide for an effective date and
4092
JOURNAL OF THE HOUSE
applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
By deleting lines 7 through 24 and renumbering Section 2 on line 25 and Section 3 on line 93 as Sections 1 and 2, respectively.
By deleting line 26 and inserting in lieu thereof the following: Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from income taxes, is amended by revising paragraph (1) of subsection (e) of Code Section
By replacing line 160 with the following: SECTION 3.
Said article 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) 'Employer' means an enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization, and its affiliates, which is registered and authorized to use the federal employment verification system known as 'E-Verify' or any successor federal employment verification system and is engaged in or carrying on any business activities within this state. (2) 'Full-time job' means employment which: (A) Is located in this state; (B) Involves a regular work week of 30 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average hourly wage of the county with the lowest average hourly wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (3) 'Qualified parolee' means an individual who has been granted parole in accordance with Code Section 42-9-45 within 12 months preceding his or her date of hire for a full-time job. (b)(1) For the period beginning on or after January 1, 2017, and before January 1, 2020, an employer that employs a qualified parolee in a full-time job for at least 40 weeks during a 12 month period shall be eligible for an income tax credit in the amount of $2,500.00 for each qualified parolee so employed against the tax imposed under this article during such 12 month period; provided, however, that a qualified parolee first employed in a full-time job by such employer before January 1, 2017, shall not qualify. (2) An employer shall only be eligible to receive credits provided by this subsection in an amount up to $50,000.00 per taxable year. (3) An employer shall only be eligible to receive the credit provided by this subsection once per individual.
THURSDAY, MARCH 24, 2016
4093
(c) In no event shall the credit provided by subsection (b) of this Code section for a taxable year exceed the employer's income tax liability. Any unused portion of the credit provided by subsection (b) of this Code section shall be permitted to be carried forward and applied to the employer's tax liability for the subsequent three years. The credit provided by subsection (b) of this Code section shall not be applied against the employer's prior years' tax liabilities. (d) On or before September 1 of 2018, 2019, and 2020, the commissioner shall issue a report to the chairpersons of the Senate Finance Committee and the House Committee on Ways and Means concerning the tax credit created by this Code section, which shall include the following statistics for the preceding taxable year:
(1) The total number of employers that claimed a credit provided by this Code section; and (2) The number and total value of all credits earned and all credits applied during such tax year pursuant to this Code section. (e) The commissioner shall promulgate rules and regulations and forms necessary to implement and administer the provisions of this Code section."
SECTION 4. (a) This Act shall become effective on July 1, 2016. (b) Section 3 of this Act shall be applicable to taxable years beginning on or after January 1, 2017.
SECTION 5.
Representative Harrell of the 106th moved that the House agree to the Senate substitute, as amended by the House, to HB 936.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison N Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
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 E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre 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
4094
JOURNAL OF THE HOUSE
Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows
Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 158, nays 7.
The motion prevailed.
HB 937. By Representatives Harrell of the 106th, Powell of the 171st, Stephens of the 164th, Knight of the 130th, Williamson of the 115th 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 state sales and use tax, so as to change the sunset provision for the exemption for projects of regional significance; 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 Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the sunset provision for the exemption for projects of regional significance; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional economic assistance projects, so as to provide for the qualification of certain projects as regional economic assistance projects; to provide for criteria for such qualification; to provide for refunds of sales and use taxes for such projects; to provide for the continuance of certain levies for financing construction or improvement of facilities adjacent to such projects; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 24, 2016
4095
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 state sales and use tax, is amended by revising paragraph (93) as follows:
"(93)(A) For the period commencing January 1, 2012, until June 30, 2016 2019, sales of tangible personal property used for and in the construction of a competitive project of regional significance. (B) The exemption provided in subparagraph (A) of this paragraph shall apply to purchases made during the entire time of construction of the competitive project of regional significance so long as such project meets the definition of a 'competitive competitive project of regional significance' significance within the period commencing January 1, 2012, until June 30, 2016 2019. (C) The department shall not be required to pay interest on any refund claims filed for local sales and use taxes paid on purchases made prior to the implementation of this paragraph. (D) As used in this paragraph, the term 'competitive project of regional significance' means the location or expansion of some or all of a business enterprise's operations in this state where the commissioner of economic development determines that the project would have a significant regional impact. The commissioner of economic development shall promulgate regulations in accordance with the provisions of this paragraph outlining the guidelines to be applied in making such determination;"
SECTION 2. Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional economic assistance projects, is amended by adding a new subsection to Code Section 50-8-191, relating to application for REAP designation, minimum criteria, and reciprocal use agreements with adjacent facilities, to read as follows:
"(f) The owner of a project having a minimum of $400 million in projected capital investment for the redevelopment of an area certified by the commissioner to have been chronically underdeveloped for a period of 20 years or more, and its lessees, shall collectively qualify to enter into an agreement to be deemed an approved company with an approved project for purposes of Code Sections 48-8-273 and 48-8-274. Such agreement and the refund provided for by such Code sections shall not be limited by paragraphs (8) and (11) of Code Section 48-8-271 or by subsections (c) and (f) of Code Section 48-8-273. Any such refund claim qualified under this subsection shall be made by the owner and shall not be made by a lessee. A political subdivision utilizing a levy authorized by Article 5 of Chapter 13 of Title 48, in whole or in part, to finance construction or improvement of facilities adjacent to such project may extend the duration of such levy to not more than 30 years from the date of issue of any bonds issued for such purposes. This subsection shall not apply to projects involving or related to casino gambling."
4096
JOURNAL OF THE HOUSE
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Harrell of the 106th offers the following amendment:
Amend the substitute to HB 937 (LC 34 4945ERS) by deleting lines 3 through 8 and inserting in lieu thereof the following:
exemption for projects of regional significance; to amend Code Section 48-13-93 of the Official Code of Georgia Annotated, relating to the excise tax on rental car charges, so as to extend the sunset on the excise tax on rental cars; to provide for related
By deleting lines 32 through 48 and inserting in lieu thereof the following: Code Section 48-13-93 of the Official Code of Georgia Annotated, relating to the excise tax on rental car charges, is amended by revising paragraph (4) of subsection (a) as follows: "(4) Any tax levied pursuant to this article shall terminate not later than December 31, 2038 2047. Following the termination of the tax, any county or municipality which has levied a tax pursuant to this article shall not thereafter be again authorized to levy a tax under this article."
Pursuant to Rule 133, Representative Ehrhart of the 36th was excused from voting on HB 937.
Representative Harrell of the 106th moved that the House agree to the Senate substitute, as amended by the House, to HB 937.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood
Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley N Benton Y Beskin Y Beverly Y Blackmon Y Broadrick
N Cooke Y Coomer
Cooper Y Corbett
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner N Dudgeon Y Dukes N Dunahoo N Duncan
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson
Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A
Powell, J Y Price
Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M N Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T
THURSDAY, MARCH 24, 2016
4097
N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H
Clark, V Y Coleman
Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye N Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Prince Y Pruett N Quick N Raffensperger N Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes
Rice Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
N Teasley Y 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 N Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 131, nays 27.
The motion prevailed.
The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:
HB 205. By Representatives Rice of the 95th and Petrea of the 166th:
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 installation of ignition interlock devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following report of the Committee of Conference was read:
4098
JOURNAL OF THE HOUSE
COMMITTEE OF CONFERENCE REPORT ON HB 205
The Committee of Conference on HB 205 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 205 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Stone Senator, 23rd District
/s/ Tom Rice Representative, 95th District
/s/ Kennedy Senator, 18th District
/s/ Dusty Hightower Representative, 68th District
/s/ Bethel Senator, 45th District
/s/ Golick Representative, 40th District
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 40 and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to drivers' licenses and ignition interlock devices as condition of probation, respectively, so as to provide for changes to licensing and driving privileges for individuals arrested for driving under the influence; to provide for the issuance of an optional ignition interlock device limited driving permit upon arrest for driving under the influence under certain circumstances; to provide for submission of a report by the Department of Driver Services; to provide for procedures, conditions, fees, and limitations for the issuance of an ignition interlock device limited driving permit; to change the time frame for requesting hearings after an arrest for driving under the influence; to provide for cancellation of restrictions upon successful completion of complying with an ignition interlock device limited driving permit or other circumstances; to provide for conditions of maintaining ignition interlock devices and use of such devices; to revise and correct cross-references; 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:
PART I SECTION 1-1.
THURSDAY, MARCH 24, 2016
4099
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsections (a), (c) through (e), and (g) as follows:
"(a) To whom issued. (1) Notwithstanding any contrary provision of this Code section or Code Section 405-57, or 40-5-63, or any other Code section of this chapter 40-5-75, 40-5-121, or 428-111, 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 had a suspension imposed prior to July 1, 2015, under Code Section 40-5-22 or that person's driver's license has been suspended in accordance with 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. (2) Any person whose driver's license has been suspended as a result of a second conviction for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, may apply for an ignition interlock limited driving permit after serving at least 120 days of the suspension required for such conviction and providing either a certificate of eligibility from a drug court program in the court in which he or she was convicted of the offense for which such suspension was imposed or by submitting proof of enrollment in clinical treatment as provided in Code Section 40-5-63.1. No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock device limited driving permit, or any other driving privilege for a period of one year. (3) To the extent a person is subject to more than one suspension for which a limited driving permit may be issued, the department shall not issue such permit unless the suspensions are for a conviction for driving under the influence in violation of Code Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative suspension imposed pursuant to paragraph (1) of subsection (a) of Code Section 40-567.2 arising from the same incident."
"(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, the term 'extreme hardship' means that the
4100
JOURNAL OF THE HOUSE
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 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, to obtain medical care, or prescriptions, or to school; or (8) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18. (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 imposed prior to July 1, 2015, 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. (d) Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
THURSDAY, MARCH 24, 2016
4101
(1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; and (4.1) The installation and use of an ignition interlock device in accordance with Article 7 of Chapter 8 of Title 42, which shall be required for any permittee who is applying for an ignition interlock limited driving permit; and (5) Such other restrictions as the department may require. (e) Fees, duration, renewal, and replacement of limited driving permit. (1) A limited driving permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, or upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation administrative driver's license suspension form or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. Permits Limited driving permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Permits Such permits may be renewed until one time after the person has his or her license reinstated is eligible to reinstate his or her driver's license for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed limited driving permit issued to him or her. (2) An ignition interlock device limited driving permit shall be valid for a period of one year. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the permit may be renewed for additional periods of two months as provided in paragraph (1) of this subsection." "(g) Revocation of limited driving permit. (1)(A) Any limited driving permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any limited driving permittee
4102
JOURNAL OF THE HOUSE
who is convicted of violating the conditions endorsed on his or her limited driving permit shall have his or her such permit revoked by the department. Any court in which such conviction is had shall require the such permittee to surrender the his or her limited driving 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.
(B) Upon receipt of notice from the Department of Behavioral Health and Developmental Disabilities that a permittee who is required to complete a substance abuse treatment program pursuant to Code Section 40-5-63.1 enrolled in but failed to attend or complete such program as scheduled, the department shall revoke such person's limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing. (C) Upon receipt of notice from a provider center for ignition interlock devices that an ignition interlock device which a permittee is required to use has been tampered with or the permittee has failed to report for monitoring of such device as required by law, the department shall revoke such permittee's limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing. (2) 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. In any case of revocation of a limited driving permit pursuant to subparagraph (A) of paragraph (1) of this subsection, the department may impose an additional period of suspension for the conviction upon which revocation of the permit was based."
SECTION 1-2. Said chapter is further amended by adding a new Code section to read as follows:
"40-5-64.1. (a) To whom issued.
(1) 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, and whose driver's license is subject to an administrative driver's license suspension pursuant to subsection (c) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department. (2) 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, and whose driver's license is subject to an
THURSDAY, MARCH 24, 2016
4103
administrative driver's license suspension pursuant to subsection (d) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department. (3) Any person whose driver's license has been suspended as a result of a second conviction for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, may apply for an ignition interlock device limited driving permit after serving at least 120 days of the suspension required for such conviction. (4) The department shall not issue an ignition interlock device limited driving permit to any person:
(A) Under 21 years of age; (B) Who is not currently licensed to operate a motor vehicle in this state; (C) Who currently holds a license to drive a commercial motor vehicle; (D) Whose driver's license is subject to an administrative suspension for involvement in a traffic accident resulting in injuries or fatalities; or (E) Whose driver's license is subject to a suspension, revocation, or cancellation for any reason other than as contemplated by this Code section. (b) Application form. Applications for ignition interlock device limited driving permits shall be made upon such forms as the commissioner may prescribe. All applications shall be signed by the applicant before a person authorized to administer oaths. (c) Standards for approval. (1) The department shall issue an ignition interlock device limited driving permit for a fee of $25.00 and: (A) For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph (1) or (2) of subsection (a) of this Code section:
(i) Within 30 days from the date on which notice was given pursuant to subsection (g) of Code Section 40-5-67.1; (ii) Upon surrender of the applicant's driver's license; and (iii) Upon the applicant's execution of an affidavit attesting that the hearing afforded under subsection (g) of Code Section 40-5-67.1 has been waived; or (B) For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph (3) of subsection (a) of this Code section, upon the submission of a certificate of eligibility from an accountability court, as such term is defined in Code Section 15-1-18, or the submission of proof of enrollment in a substance abuse treatment program as provided in Code Section 40-5-63.1 and the surrender of his or her driver's license to such court or to the department if the department has processed the administrative driver's license suspension form or conviction. (2) No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship
4104
JOURNAL OF THE HOUSE
under Code Section 42-8-111 shall be eligible for a limited driving permit pursuant to Code Section 40-5-64 or any other driving privilege for a period of one year. (d) Duration, renewal fees, and replacement of ignition interlock device limited driving permit.
(1) An ignition interlock device limited driving permit issued pursuant to this Code section shall become invalid upon the expiration of one year following issuance thereof or upon any earlier reinstatement of the permittee's driver's license. (2) Ignition interlock device limited driving permits issued pursuant to this Code section shall be renewable upon payment of a renewal fee of $5.00. Such permits may be renewed for additional periods of two months upon payment of a renewal fee of $5.00, but it may only be renewed one time after such person is eligible to reinstate his or her driver's license. (3) Upon payment of a fee in the same amount as that provided by Code Section 405-25 for the issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed ignition interlock device limited driving permit previously issued to him or her. (e) Conditions upon use of ignition interlock device limited driving permit. 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) Receiving scheduled medical care or obtaining prescription drugs; (C) Attending a college or school at which he or she is regularly enrolled as a student; (D) 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; (E) 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; (F) Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, 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; (G) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school; (H) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-118; or (I) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider.
THURSDAY, MARCH 24, 2016
4105
(f) Revocation of ignition interlock device limited driving permit. (1)(A) The department shall revoke the ignition interlock device limited driving permit of any permittee issued such permit pursuant to paragraph (1) or (2) of subsection (a) of this Code section who is convicted of violating any state law relating to the movement of vehicles or convicted of driving a motor vehicle in violation of an ignition interlock device limited driving permit. Any court in which such conviction is had shall require such permittee to surrender the ignition interlock device limited driving 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. (B) The department shall revoke the ignition interlock device limited driving permit of any permittee who is required to complete a substance abuse treatment program pursuant to Code Section 40-5-63.1 and enrolled but failed to attend or complete such program as scheduled upon receipt of notice of such information from the Department of Behavioral Health and Developmental Disabilities. The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing. (C) The department shall revoke the ignition interlock device limited driving permit of a permittee upon receipt of notice from an ignition interlock device service provider that an ignition interlock device has been tampered with, a permittee has failed to report for monitoring as required by law, or an ignition interlock device has been removed from any motor vehicle to be driven by a permittee prior to successful completion of the required term of monitoring under Code Section 42-8-110.1.
(2) The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing. (3) Any person whose ignition interlock device limited driving permit has been revoked for the first time shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. Any person whose ignition interlock device limited driving permit has previously been revoked shall not be eligible to apply for a driver's license until two years from the date such permit was surrendered to the department. (g) Hearings. Any person whose ignition interlock device limited driving permit has been revoked or who has been refused such permit by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with such chapter. (h) Rules and regulations. The commissioner may promulgate rules and regulations as are necessary to implement this Code section.
4106
JOURNAL OF THE HOUSE
(i) Penalty. Any person issued an ignition interlock device limited driving permit who operates a motor vehicle in violation of the terms of such permit, as described in Code Section 42-8-110.1 or subsection (e) or (f) of this Code section, commits the offense of violation of an ignition interlock device limited driving permit. Any person who commits the offense of violation of an ignition interlock device limited driving permit shall be guilty of a misdemeanor.
40-5-64.2. (a) The commissioner shall submit a report to the Senate Public Safety Committee and the House Committee on Motor Vehicles detailing the annual number of optional ignition interlock device limited driving permits issued under paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1. Such report shall be made no later than the last day of December of each year. (b) This Code section shall stand repealed on January 1, 2020."
SECTION 1-3. Said chapter is further amended by revising subsection (b) of Code Section 40-5-67, relating to seizure and disposition of driver's license of persons charged with driving under the influence, as follows:
"(b)(1) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows:
(1)(A) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 45 day temporary driving permit; (2)(B) If the driver's license is required to be suspended under Code Section 40-567.1, the officer shall issue a 30 45 day temporary driving permit; or (3)(C) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit. (2) A This temporary driving permit issued under this subsection shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of the such temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the a temporary driving permit may be delayed."
SECTION 1-4. Said chapter is further amended in Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspensions
THURSDAY, MARCH 24, 2016
4107
and denials, and right to a hearing and review, by revising paragraph (1) of subsection (f) and paragraphs (1), (3), and (4) of subsection (g) as follows:
"(f)(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 45 day temporary driving permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary driving permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section." "(g)(1) A person whose driver's license is suspended or who is disqualified from operating driving a commercial motor vehicle pursuant to this Code section shall remit to the department a $150.00 filing fee together with a request, in writing, for a hearing within ten business 30 days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. The issuance of an ignition interlock device limited driving permit to a person eligible for such permit under paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1 shall constitute a waiver of the right to a hearing under this subsection. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded." "(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualification. If no hearing is requested within the ten business 30 days specified above in paragraph (1) of this subsection, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The issuance of an ignition interlock device limited driving permit to a person eligible for such permit under paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1 shall constitute a waiver of the right to a hearing under this subsection. The request for a hearing shall not stay the suspension of the driver's license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary driving permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension
4108
JOURNAL OF THE HOUSE
shall be stayed until such time as the hearing is held and the hearing officer's decision is made.
(4)(A) Except as where provided to the contrary in subparagraph (B) of this paragraph, in In the event the person is acquitted of a violation of Code Section 406-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record. An accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver's license restoration fee shall be promptly returned by the department to the licensee.
(B)(i) If any person who has obtained an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section 40-5-64.1 is acquitted of the violation of Code Section 40-6-391 upon which the underlying driver's license suspension was based or if such charge is initially disposed of other than by a conviction or plea of nolo contendere, then such permit shall be revoked and the driver's license shall be reinstated without a fee. The department shall terminate the driver's license suspension of any such person and shall delete the suspension from the driver's license record. (ii) Any person who has obtained an ignition interlock device limited driving permit under paragraph (2) of subsection (a) of Code Section 40-5-64.1 shall maintain such permit for the required term of monitoring under Code Section 428-110.1, regardless of whether such person is acquitted of the violation of Code Section 40-6-391 upon which the underlying driver's license suspension was based or such charge is initially disposed of other than by a conviction or plea of nolo contendere."
SECTION 1-5. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as condition of probation, is amended in Code Section 42-8110, relating to definitions, by revising subsection (b) as follows:
"(b) As used in this article, the term 'provider center' means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court or as required in order to maintain an ignition interlock device limited driving permit in accordance with Code Section 40-564.1."
SECTION 1-6. Said article is further amended by adding a new Code section to read as follows:
"42-8-110.1. (a)(1) Any person issued an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section 40-5-64.1 shall, upon issuance thereof
THURSDAY, MARCH 24, 2016
4109
and within no less than ten days of such issuance, have installed and shall maintain in any motor vehicle to be driven by such person for a period of not less than four months a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period. (2) Any person issued an ignition interlock device limited driving permit under paragraph (2) of subsection (a) of Code Section 40-5-64.1 shall, upon issuance thereof and within no less than ten days of such issuance, have installed and shall maintain in any motor vehicle to be driven by such person for a period of not less than 12 months a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period. (b) The restriction for maintaining and using an ignition interlock device shall be cancelled by the department upon payment to the department of a $100.00 fee or $90.00 when such fee is processed by mail and upon successful completion of the term of monitoring on an ignition interlock device required under subsection (a) of this Code section. (c) Any ignition interlock device limited driving permit issued shall bear a restriction reflecting that the person shall only operate a motor vehicle equipped with a functioning, certified ignition interlock device. (d) The fee for issuance of an ignition interlock device limited driving permit shall be as prescribed in Code Section 40-5-64.1."
SECTION 1-7. Said article is further amended in Code Section 42-8-111, relating to court issuance of certificate for installation of ignition interlock devices, exceptions, and fees, by revising subsections (a), (d), and (e) as follows:
"(a) Upon a second or subsequent conviction of a resident of this state for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which such person is granted probation, the court shall issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license, subject to the following conditions:
(1) Such person shall have installed and shall maintain in each motor vehicle registered in such person's name for a period of not less than one year a functioning, certified ignition interlock device; (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person for a period of not less than one year a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the permit may be renewed for additional periods of two months as provided in paragraph (1) of subsection (e) (d) of Code Section 40-5-64 40-5-64.1; and
4110
JOURNAL OF THE HOUSE
(3) Such person shall participate in a substance abuse treatment program as defined in paragraph (16.2) of Code Section 40-5-1, or a drug court division program in compliance with Code Section 15-1-15, a mental health court division in compliance with Code Section 15-1-16, or a veterans court division in compliance with Code Section 15-1-17 for a period of not less than 120 days. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction; and a conviction of any offense under the law of another laws of any other state or territory substantially conforming to any offense under of the United States which, if committed in this state, would be a violation of Code Section 40-6-391 shall be deemed a conviction of violating said such Code section." "(d) Except as provided in Code Section Sections 42-8-110.1 and 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law. (e) The fee for issuance of any driver's license indicating that use of an ignition interlock device is required shall be as prescribed for a regular driver's license in Code Section 40-5-25, and the fee for issuance of any limited driving permit indicating that use of an ignition interlock device is required shall be as prescribed for a limited driving permit in Code Section 40-5-64 40-5-64.1; except that, for habitual violators required to use an ignition interlock device as a condition of a probationary license, the fee shall be as prescribed for a probationary license in Code Section 40-5-58."
SECTION 1-8. Said article is further amended in Code Section 42-8-112, relating to timing for issuance of ignition interlock device limited driving permit and documentation and reporting requirements, by revising paragraph (1) of subsection (d) as follows:
"(d)(1) If a person required to report to an An ignition interlock provider as shall notify the Department of Driver Services if a person required by subsection (c) of this Code section fails to report to the provider as required or, receives an unsatisfactory report from the provider, or requests the provider remove the ignition interlock device at any time during the one-year period, ignition interlock device limited driving permit period, and the Department of Driver Services shall revoke such person's ignition interlock device limited driving permit immediately upon receipt of such 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 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."
PART II SECTION 2-1.
THURSDAY, MARCH 24, 2016
4111
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-22, relating to minimum ages for licenses and limited driving permits, by revising subsection (d) as follows:
"(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 and paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1."
SECTION 2-2. Said chapter is further amended in Code Section 40-5-39, relating to endorsements on licenses of limousine chauffeurs, by revising paragraph (2) of subsection (b) as follows:
"(2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64 or 40-5-64.1;"
SECTION 2-3. Said chapter is further amended in Code Section 40-5-63, relating to periods of suspension and conditions for return of a license, by revising paragraph (2) of subsection (a) as follows:
"(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be three years. At the end of 120 days, the person may apply to the department for reinstatement of his or her driver's license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, provides proof of installation and maintenance of an ignition interlock device for a period of one year coinciding with the issuance of an ignition interlock device limited driving permit as provided in Code Section 40-5-64 40-5-64.1 unless waived due to financial hardship, and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in
4112
JOURNAL OF THE HOUSE
Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or"
SECTION 2-4. Said chapter is further amended in Code Section 40-5-66, relating to appeals from decisions of the department, by revising subsection (a) as follows:
"(a) Except as provided in subsection (h) of Code Section 40-5-67.1, and subsection (h) of Code Section 40-5-64, and subsection (g) of Code Section 40-5-64.1, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance."
SECTION 2-5. Said chapter is further amended in Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1, by revising subsection (d) as follows:
"(d) Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-391 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, during the period of administrative suspension contemplated under this chapter, shall be entitled to a limited driving permit or an ignition interlock device limited driving permit as provided in Code Section Sections 40-5-64 and 40-5-64.1."
SECTION 2-6. Said chapter is further amended in Code Section 40-5-76, relating to judicial restoration of a driver's license or issuance of a limited driving permit, by revising subsection (a) as follows:
"(a) A judge presiding in a drug court division, mental health court division, or veterans court division an accountability court, as such term is defined in Code Section 15-1-18, may order the department to restore reinstate a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75, suspend such license, issue a defendant an ignition interlock device limited driving permit in accordance with Code Section 40-5-64.1, or issue a defendant a limited driving permit in accordance with the provisions set forth in subsections (c) and (d) of Code Section
THURSDAY, MARCH 24, 2016
4113
40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances as a reward or sanction to the defendant's behavior in such court division. The court shall determine what fees, if any, shall be paid to the department for such reward or sanction, provided that such fee shall not be greater than the fee normally imposed for such services."
PART III SECTION 3-1.
This Act shall become effective on July 1, 2017.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
Representative Rice of the 95th moved that the House adopt the report of the Committee of Conference on HB 205.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood
Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T
Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson
Carter, A Y Carter, D Y Casas Y Chandler
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 N 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 Gilligan
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer N Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Rogers, C
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 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
4114
JOURNAL OF THE HOUSE
Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Maxwell Y Mayo
McCall Y McClain Y Meadows
Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, C Williams, E
Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 160, nays 6.
The motion prevailed.
SB 199. By Senators Jeffares of the 17th, Mullis of the 53rd, Jones of the 25th, Dugan of the 30th, Kennedy of the 18th 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 a definition; to prohibit certain activities within close proximity to polling places; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 199
The Committee of Conference on SB 199 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 199 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Dean Burke Senator, 11th District
/s/ Edward Rynders Representative, 152nd District
/s/ Rick Jeffares Senator, 17th District
/s/ Micah Gravely Representative, 67th District
/s/ Mike Dugan Senator, 30th District
/s/ Barry A. Flemming Representative, 121st District
A BILL TO BE ENTITLED AN ACT
THURSDAY, MARCH 24, 2016
4115
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide a definition; to revise the qualifying times for municipal elections; to provide for the reopening of qualifications in municipal elections under certain conditions; to revise the period of time for advance voting with regard to Saturday voting; to prohibit certain activities within close proximity to polling places; to change certain provisions relating to punishment for ethics violations; to change certain provisions relating to disclosure reports relative to campaign contributions; to change certain provisions relating to filing of financial disclosure statements by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officials' conduct and lobbyist disclosure; to change certain provisions relating to registration required for lobbyists, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in Code Section 21-2-2, relating to definitions, by adding a new paragraph to read as follows:
"(3.1) 'Campaign material' means any newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter referring to:
(A) A candidate whose name appears on the ballot in a primary or election; (B) A referendum which appears on the ballot in a primary or election; or (C) A political party or body which has a nominee or nominees on the ballot in a primary or election. Campaign material shall not include any written or printed matter that is used exclusively for the personal and private reference of an individual elector during the course of voting."
SECTION 2. Said title is further amended by revising paragraph (3) of subsection (c) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; and military service, as follows:
4116
JOURNAL OF THE HOUSE
"(3)(A) Each candidate for a nonpartisan municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's nonpartisan qualifying period. Each municipal superintendent shall designate the days of such qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Nonpartisan qualifying periods shall commence no earlier than 8:30 A.M. on the last third Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal nonpartisan qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and. (B) In any case in which no individual has filed a notice of candidacy and paid the prescribed qualifying fee to fill a particular office in a nonpartisan municipal election, the governing authority of the municipality shall be authorized to reopen qualifying for candidates at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and cease such qualifying at 5:00 P.M. on the Tuesday immediately following such Monday, notwithstanding the fact that such days may be legal holidays; and"
SECTION 3. Said title is further amended by revising paragraph (3) of subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; and military service, as follows:
"(3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last third Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and"
SECTION 4. Said title is further amended in Code Section 21-2-385 of the Official Code of Georgia Annotated, relating to procedure for voting by absentee ballot and advance voting, by revising paragraph (1) of subsection (d) as follows:
"(d)(1) There shall be a period of advance voting that shall commence: (A) On the fourth Monday immediately prior to each primary or election; (B) On the fourth Monday immediately prior to a runoff from a general primary;
THURSDAY, MARCH 24, 2016
4117
(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 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; and provided, further, that, if such second Saturday is a public and legal holiday pursuant to Code Section 1-4-1, if such second Saturday follows a public and legal holiday occurring on the Thursday or Friday immediately preceding such second Saturday, or if such second Saturday immediately precedes a public and legal holiday occurring on the following Sunday or Monday, such advance voting shall not be held on such second Saturday but shall be held on the third Saturday prior to such primary, election, or runoff. Except as otherwise provided in this paragraph, counties and municipalities may extend the hours for voting beyond regular business hours 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."
SECTION 5. Said title is further amended by revising subsection (a) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited, prohibition of candidates from entering certain polling places, and penalty, as follows:
"(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign literature, newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter of any kind material, nor shall any person solicit signatures for any petition or conduct any exit poll or public opinion poll with voters 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."
SECTION 6. Said title is further amended by revising Code Section 21-5-9 of the Official Code of Georgia Annotated, relating to penalties for violation of provisions of Chapter 5 of said title, as follows:
4118
JOURNAL OF THE HOUSE
"21-5-9. Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor. The provisions of this Code section shall not preclude prosecution and punishment for the commission of any felony offense as otherwise provided by law."
SECTION 7. Said title is further amended by revising paragraph (2) of subsection (d.1) of Code Section 21-5-34, relating to disclosure reports relative to campaign contributions, as follows:
"(2) If such candidate or campaign committee exceeds the $2,500.00 limit for either accepting contributions or making expenditures for such campaign during such election cycle as specified in paragraph (1) of this subsection but does not accept a combined total of contributions exceeding $5,000.00 in such election cycle nor make expenditures exceeding $5,000.00 in such election cycle, then such candidate or campaign committee shall be required to file only the June 30 and October 25 December 31 reports required by paragraph (2) of subsection (c) of this Code section. The first such report shall include all contributions received and expenditures made beginning January 1 of such calendar year."
SECTION 8. Said title is further amended by revising paragraph (8) of subsection (b) of Code Section 21-5-50, relating to filing of financial disclosure statements by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the Georgia Government Transparency and Campaign Finance Commission, as follows:
"(8)(A) As used in this paragraph, the term 'agency' has the meaning provided by Code Section 45-10-20. (B) All annual payments in excess of $10,000.00 received by the filer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments. This paragraph shall not require the disclosure of payments which have already been disclosed for purposes of any other provision of this chapter."
SECTION 9. Said title is further amended by revising subparagraph (G) of paragraph (4.1) of Code Section 21-5-70, relating to definitions relative to public officials' conduct and lobbyist disclosure, as follows:
"(G) Anything which:
THURSDAY, MARCH 24, 2016
4119
(i) Does not qualify as a lobbying expenditure under subparagraphs (A) through (F) of this paragraph; and (ii) Would qualify as an expenditure under subparagraph (B.1) of paragraph (1) of this Code section except that it does not exceed an amount or value of $75.00 per person."
SECTION 10. Said title is further amended by revising subparagraph (F) of paragraph (5) of Code Section 21-5-70, relating to definitions relative to public officials' conduct and lobbyist disclosure, as follows:
"(F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph;"
SECTION 11. Said title is further amended in Code Section 21-5-71, relating to registration required for lobbyists, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, by adding a new paragraph in subsection (i) to read as follows:
"(6.1) Any employee of the executive or judicial branch of state government; provided, however, that when such an employee is acting on behalf of such government employer, meeting with or appearing before a public officer other than one from the same branch of government which employs such employee, and engaged in activity for which registration would otherwise be required under this Code section, such employee shall be required to display an identification card, issued by such employer, which shall have printed thereon the employee's name and the name of the employer;"
SECTION 12. 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, is amended by revising paragraph (1) as follows:
"(1) Persons who are not citizens of this state and persons under the age of 21 years; provided, however, that upon passage of appropriate local ordinances, citizens of this state who are otherwise qualified and who have attained 18 years of age shall be eligible to hold any county or municipal office, except such offices of a judicial nature. The residency requirement for a candidate for any county office, except offices of a judicial nature, shall be 12 months residency within the county. The residency requirement for a candidate for any municipal office, except offices of a judicial nature, shall be 12 months residency within the municipality; provided, however, that municipalities may by charter provide for lesser residency requirements for candidates for municipal office, except offices of a judicial nature. Notwithstanding anything in this paragraph to the contrary, the General Assembly
4120
JOURNAL OF THE HOUSE
may provide by local law for a period of district residency for candidates for any county or municipal governing authority or board of education who are elected from districts not to exceed 12 months residency within the district from which each such candidate seeks election. Any local law previously enacted by the General Assembly providing for a period of district residency for candidates for county or municipal office which does not exceed 12 months shall be granted full force and effect;"
SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
Representative Fleming of the 121st moved that the House adopt the report of the Committee of Conference on SB 199.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler
Y Cooke Y Coomer
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 Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan
Y Harden Harrell
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson
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 Lott Y Lumsden Y Mabra Y Marin Y Martin
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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
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
THURSDAY, MARCH 24, 2016
4121
Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Scott Y 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 168, nays 0.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 262. By Senator Stone of the 23rd:
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.
SB 347. By Senator Bethel of the 54th:
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 extensive changes to the captive insurance company provisions of this title; to provide for definitions for types of captive insurance companies; to provide for creation and regulation of different types of captive insurance companies; to provide for certain exemptions; to change certain requirements; to provide for regulation by the Commissioner; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 377. By Senators Jeffares of the 17th and VanNess 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; to provide for related
4122
JOURNAL OF THE HOUSE
matters; to provide for an effective date and for severability; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following resolution of the Senate:
SR 1038. By Senator Mullis of the 53rd:
A RESOLUTION creating the Joint Alternative Fuels Infrastructure Study Committee; and for other purposes.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 885. By Representatives Jones of the 47th, Price of the 48th, Beskin of the 54th, Raffensperger of the 50th, Willard of the 51st and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to repeal a statute relating to the option for certain counties to create a county board of health and wellness by ordinance; to provide for an effective date; to provide for transition to county boards of health; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to repeal a statute relating to the option for certain counties to create a county board of health and wellness by ordinance; to provide for an effective date; to provide for transition to county boards of health; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by repealing in its entirety Code Section 31-3-2.1, relating to the option for certain counties to create a board of health and wellness by ordinance.
THURSDAY, MARCH 24, 2016
4123
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that for any county board of health and wellness which was established by county ordinance pursuant to the former provisions of Code Section 31-3-2.1 and which is still in existence as of the effective date of this Act, the members of such board shall remain in office and such board shall remain in existence until a county board of health is constituted pursuant to Code Section 31-3-2 for such county or until June 30, 2017, whichever occurs first.
SECTION 3. 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 885.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y 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 Gilligan Y Glanton Y Golick Y Gordon
Y Harden Harrell
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson
Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lott Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall
Y Metze Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
Pirkle Y Powell, A
Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice Y Rogers, C
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
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 Y Williams, E Y Williamson
4124
JOURNAL OF THE HOUSE
Y Clark, V Y Coleman
Y Gravley Y Greene
Y McClain Y Meadows
Y Shaw Y Sims
Y Yates Ralston, Speaker
On the motion, the ayes were 161, nays 0.
The motion prevailed.
HB 905. By Representatives Ballinger of the 23rd, Oliver of the 82nd, Dempsey of the 13th, Efstration of the 104th, Reeves of the 34th and others:
A BILL to be entitled an Act to amend Code Section 15-11-710, Title 19, and Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to exchange of information, domestic relations, and programs and protection for children and youth, so as to change provisions relating to child abuse; to correct a cross-reference; to change and provide for defined terms; to change provisions relating to protocol committees on child abuse; to remove certain reporting requirements to the child abuse registry; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 3 of Title 16, Title 19, and Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to justification and excuse, domestic relations, and programs and protection for children and youth, respectively, so as to change provisions relating to child abuse and the protection of children and youth; to provide for immunity from criminal liability for possession of certain materials or images under certain circumstances; to change and provide for defined terms; to change provisions relating to protocol committees on child abuse; to establish a public scorecard for child welfare agencies under the Department of Human Services; to define certain terms; to increase fines for certain offenses; to provide that the department shall coordinate contract and licensure compliance inspections for any affected agency or division including the Division of Family and Children Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, and the Department of Community Health; to remove certain reporting requirements to the child abuse registry; 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:
THURSDAY, MARCH 24, 2016
4125
SECTION 1. Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse, is amended by adding a new Code section to read as follows:
"16-3-22.1. (a) Any person that in good faith has possession of materials or images in violation of Article 3 of Chapter 12 of this title and immediately notifies law enforcement officials or any person that is required by Code Section 19-7-5 to report suspected child abuse, or makes such notification within 72 hours from the time there is reasonable cause to believe such person is in possession of such materials or images, shall be immune to the same extent as a law enforcement officer would be immune from criminal liability for such possession. (b) The official report of the law enforcement agency or the Division of Family and Children Services of the Department of Human Services shall create a rebuttable presumption of good faith and reasonableness on the part of the person that has possession. (c) The purpose of this Code section is to provide for those persons that act in good faith to assist law enforcement officers or the Division of Family and Children Services of the Department of Human Services when the health and safety of a child are being adversely affected and threatened by the conduct of another. This Code section shall be liberally construed so as to carry out the purposes thereof."
SECTION 2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising subsection (b) of Code Section 19-7-5, relating to reporting of child abuse, as follows:
"(b) As used in this Code section, the term: (1) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681. (2) 'Abused' means subjected to child abuse. (3) 'Child' means any person under 18 years of age. (4) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Endangering a child; (C)(D) Sexual abuse of a child; or (D)(E) Sexual exploitation of a child. However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' abused child. (5) 'Child service organization personnel' means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not
4126
JOURNAL OF THE HOUSE
for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children. (6) 'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization. (6.1) 'Endangering a child' means:
(A) Any act described by subsection (d) of Code Section 16-5-70; (B) Any act described by Code Section 16-5-73; (C) Any act described by subsection (l) of Code Section 40-6-391; or (D) Prenatal abuse, as such term is defined in Code Section 15-11-2. (7) 'Pregnancy resource center' means an organization or facility that: (A) Provides pregnancy counseling or information as its primary purpose, either for a fee or as a free service; (B) Does not provide or refer for abortions; (C) Does not provide or refer for FDA approved contraceptive drugs or devices; and (D) Is not licensed or certified by the state or federal government to provide medical or health care services and is not otherwise bound to follow the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or other state or federal laws relating to patient confidentiality. (8) 'Reproductive health care facility' means any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, or gynecological care and services. (9) 'School' means any public or private pre-kindergarten, elementary school, secondary school, technical school, vocational school, college, university, or institution of postsecondary education. (10) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that such person's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
THURSDAY, MARCH 24, 2016
4127
'Sexual abuse' Sexual abuse shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than five four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (11) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires that a child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."
SECTION 3. Said title is further amended by revising Code Section 19-15-1, relating to definitions for child abuse, as follows:
"19-15-1. As used in this chapter, the term:
(1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual abuse of a child; or (D) Sexual exploitation of a child. (4) 'Child advocacy center' means an entity which is operated for the purposes of investigating known or suspected child abuse and treating a child or a family that is the subject of a report of child abuse and which: (A) Has been created and supported through one or more intracommunity compacts between such center and:
(i) One or more law enforcement agencies within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; (ii) The office of the district attorney, Attorney General, or United States Attorney General; (iii) A legally mandated public or private child protective agency within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; (iv) A mental health board within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; or
4128
JOURNAL OF THE HOUSE
(v) A community health service board within this state; any other state; the United States, including its territories, possessions, and dominions; or a foreign nation; and (B) Has been approved by a protocol committee. (4)(5) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, school teacher, school administrator, or school counselor or who is employed to render services to children by the Department of Public Health, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services or any county board of health, community service board, or county department of family and children services. (5) Reserved. (6) 'Investigation' in the context of child death includes all of the following: (A) A post-mortem examination which may be limited to an external examination or may include an autopsy; (B) An inquiry by law enforcement agencies having jurisdiction into the circumstances of the death, including a scene investigation and interview with the child's parents, guardian, or caretaker and the person who reported the child's death; and (C) A review of information regarding the child and family from relevant agencies, professionals, and providers of medical care. (7) 'Panel' means the Georgia Child Fatality Review Panel established pursuant to Code Section 19-15-4. (8) 'Protocol committee' means a multidisciplinary, multiagency committee established for a county pursuant to Code Section 19-15-2. (9) 'Report' means a standardized form designated by the panel which is required for collecting data on child fatalities reviewed by local child fatality review committees. (10) 'Review committee' means a multidisciplinary, multiagency child fatality review committee established for a county or circuit pursuant to Code Section 19-15-3. (11) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that such person's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts;
THURSDAY, MARCH 24, 2016
4129
(H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' Sexual abuse shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than three four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (12) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires that a child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."
SECTION 4. Said title is further amended by revising Code Section 19-5-2, relating to protocol committee on child abuse, as follows:
"19-15-2. (a) Each Except as provided in paragraph (3) of subsection (b) of this Code section, each county shall be required to establish a protocol for the investigation and prosecution of alleged cases of child abuse as provided in this Code section.
(b)(1) The chief superior court judge of the circuit in which the county is located shall establish a protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting, and the chief superior court judge shall appoint persons to fill any vacancies on the protocol committee. (2) After the establishment of a Thus established, the protocol committee shall thereafter, the committee members shall elect a chairperson from its the protocol committee's membership. The protocol committee shall be charged with developing local protocols for the investigation and prosecution of alleged cases of child abuse. (3) When a judicial circuit is composed of more than one county, the protocol committee shall determine if it shall be established for each county in the judicial circuit or if it will serve all of the counties within the judicial circuit. (c)(1) Each of the following individuals, agencies, and entities shall designate a representative to serve on the a protocol committee established pursuant to paragraph (1) of subsection (b) of this Code section:
(A) The sheriff; (B) The county department of family and children services; (C) The district attorney for the judicial circuit; (D) The presiding juvenile court judge; (E) The chief magistrate; (F) The county board of education;
4130
JOURNAL OF THE HOUSE
(G) The county mental health organization; (H) The chief of police of a county in counties which have a county police department; (I) The chief of police of the largest municipality in the county; (J) The county public health department, which shall designate a physician to serve on the protocol committee; and (K) The coroner or county medical examiner. (2) Each of the following individuals, agencies, and entities shall designate a representative to serve on a protocol committee established pursuant to paragraph (3) of subsection (b) of this Code section: (A) The sheriff of each county in the judicial circuit; (B) The county department of family and children services of each county in the judicial circuit; (C) The district attorney for the judicial circuit; (D) The presiding juvenile court judge of each county in the judicial circuit; (E) The chief magistrate of each county in the judicial circuit; (F) Each board of education in the judicial circuit; (G) The county mental health organization of each county in the judicial circuit; (H) The chief of police of each county in the judicial circuit, if any; (I) The chief of police of the largest municipality in the judicial circuit; (J) The county public health department of each county in the judicial circuit; and (K) The coroner or county medical examiner of each county in the judicial circuit. (3) A representative of a local child advocacy center shall serve on a protocol committee established under paragraph (1) or (3) of subsection (b) of this Code section if one exists in such location. (4) A representative of a sexual assault center shall serve on a protocol committee established under paragraph (1) or (3) of subsection (b) of this Code section if one exists in such location. (2)(5) In addition to the representatives serving on the protocol committee as provided for in paragraph paragraphs (1) through (4) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention to serve on such protocol committee. (3)(6) If any designated agency fails to carry out its duties relating to participation on the protocol committee, the chief superior court judge of the circuit may issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for punishment as for contempt of court. (d) Each protocol committee shall elect or appoint a chairperson who shall be responsible for ensuring that written protocol procedures are followed by all agencies. Such person can may be independent of agencies listed in paragraph (1) of subsection (c) of this Code section. The protocol committee may appoint such additional members as necessary and proper to accomplish the purposes of the protocol committee.
THURSDAY, MARCH 24, 2016
4131
(e) The protocol committee shall adopt a written protocol which shall be filed with the Division of Family and Children Services of the Department of Human Services and the panel Office of the Child Advocate for the Protection of Children, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child. The protocol shall also outline procedures to be used when child abuse occurs in a household where there is violence between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. The protocol adopted shall not be inconsistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Services. (f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child, including counseling. (g) Upon completion of the writing of the protocol, the protocol committee shall continue in existence and shall meet at least semiannually for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating the same. The protocol committee shall file the updated protocol with the Division of Family and Children Services of the Department of Human Services and the Office of the Child Advocate for the Protection of Children not later than the first day of September each year. (h) Each protocol committee shall adopt or amend its written protocol to specify the circumstances under which law enforcement officers shall and shall not be required to accompany investigators from the county department of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany investigators, the protocol committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each protocol committee shall establish joint work efforts between the law enforcement and investigative agencies in child abuse investigations. The adoption or amendment of the protocol shall also describe measures which can be taken within the county or circuit, as the case may be, to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The protocol shall be further amended to specify procedures to be adopted by the protocol committee to ensure that written protocol procedures are followed. (i) The protocol committee shall issue a report no later than the first day of July each year. Such report shall evaluate the extent to which investigations of child abuse during the 12 months prior to the report have complied with the protocols of the protocol
4132
JOURNAL OF THE HOUSE
committee, recommend measures to improve compliance, and describe which measures taken within the county or circuit, as the case may be, to prevent child abuse have been successful. The report shall be transmitted to the county governing authority, the fall term grand jury of the judicial circuit, the panel Office of the Child Advocate for the Protection of Children, and the chief superior court judge of the circuit. (j) Each member of each protocol committee shall receive appropriate training within 12 months after his or her appointment. The Office of the Child Advocate for the Protection of Children shall provide such training. (k) The protocol committee shall adopt include a written sexual abuse and sexual exploitation section within its protocol which shall be filed with the Division of Family and Children Services of the Department of Human Services and the Office of the Child Advocate for the Protection of Children, a copy of which shall be furnished to each agency in the county handling the cases of sexually abused or exploited children. The sexual abuse and sexual exploitation section of the protocol shall be a written document outlining outline in detail the procedures to be used in investigating and prosecuting cases arising from alleged sexual abuse and sexual exploitation and the procedures to be followed concerning the obtainment of and payment for sexual assault examinations. Each protocol committee shall adopt or amend its written sexual abuse and sexual exploitation protocol. The sexual abuse and sexual exploitation section of the protocol adopted shall be consistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Services. A The sexual abuse and sexual exploitation section of the protocol is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. Such section of the protocol shall not limit or otherwise restrict a prosecuting attorney in the exercise of his or her discretion nor in the exercise of any otherwise lawful litigative prerogatives."
SECTION 5. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding a new Code section to read as follows:
"49-5-4.1. (a) As used in this Code section, the term:
(1) 'Affected agency' means any state agency, department, division, or office which requires a license or commission from the department for child welfare agencies, including, but not limited to, the Division of Family and Children Services, Department of Human Services, Department of Juvenile Justice, Department of Behavioral Health and Developmental Disabilities, or Department of Community Health. (2) 'Child welfare agency' means any child-caring institution, child-placing agency, children's transition care center, or maternity home. (3) 'Services' means direct care, treatment, custodial responsibilities, or any combination thereof provided for children.
THURSDAY, MARCH 24, 2016
4133
(b) The Department of Human Services, in conjunction with other affected agencies and representatives of child welfare agencies, shall establish a child welfare agency public scorecard to score child welfare agencies. Affected agencies shall cooperate with the department to develop and establish the child welfare agency public scorecard. (c) The public scorecard for child welfare agencies and any explanation for the basis of any score on the scorecard shall be published in a single location on a website for public review. Such website shall provide scores for each child welfare agency by the affected agency that is responsible for the regulation of or contracting with each particular child welfare agency. The score shall be posted within 30 days of the completion of an inspection or, if appealed pursuant to subsection (e) of this Code section, the revised score, if any, shall be posted within 30 days of the conclusion of the appeal. (d) The scores shall be based on an established published formula with weight appropriately given for each agency's compliance or noncompliance with applicable laws; rules; contracts; court orders; measures of treatment; behavioral, vocational, and educational outcomes for persons receiving services; and other pertinent information, based on empirical evidence to the greatest extent possible. (e) The department shall provide child welfare agencies with advanced written notice of the scores to be posted. A child welfare agency may contest a score in accordance with department rules by filing a written appeal with the department within ten days from receipt of such notice. If a child welfare agency contests such score, the department shall note on the website that the score is under appeal, until such appeal is concluded. Within ten days of receipt of a child welfare agency's written contest of a score, the department shall hold a meeting with the child welfare agency and any affected agency whose score is contested. The meeting shall be for the parties to discuss the score and basis for the score. Within 30 days after the meeting, the commissioner's designee shall issue written notice confirming or revising the score. After issuance of such written notice, the child welfare agency may contest the score as a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that hearings held relating to such action by the department may be closed to the public if the hearing officer determines that an open hearing would be detrimental to the physical or mental health of any child who will testify at such hearing. (f) In consultation with other affected agencies, the department shall promulgate rules and regulations consistent with this Code section, including establishing criteria which must be met in order for a child welfare agency to contest or appeal a score. (g) Nothing in this Code section shall be construed to affect the ability of any affected agency, in its sole discretion, to contract with any child welfare agency or to exercise the rights of the affected agency under the terms and conditions of any existing contract with a child welfare agency."
4134
JOURNAL OF THE HOUSE
SECTION 6. Said chapter is further amended by revising subsections (p) and (q) of Code Section 49-512, relating to licensing and inspection of child welfare agencies, standards, revocation or refusal to license, penalties, and violations, as follows:
"(p) Any child welfare agency that shall operate without a license or commission issued by the department shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 $500.00 nor more than $200.00 $1,000.00 for each such offense. Each day of operation without a license or commission shall constitute a separate offense. (q) No person, official, agency, hospital, maternity home, or institution, public or private, in this state shall receive or accept a child under 17 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child's relatives without having been licensed or commissioned by the department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsection shall be punishable by a fine of not less than $100.00 $500.00 nor exceeding $500.00 $1,000.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in or contemplating adoption proceedings. Nothing in this Code section shall be construed to prohibit an individual seeking to:
(1) Adopt a child or children from receiving or accepting a child or children in the individual's home in anticipation of filing a petition for adoption under Article 1 of Chapter 8 of Title 19; or (2) Have that individual's child or children placed for adoption from placing that individual's child or children in the home of an individual who is not related to the child or children in anticipation of the individual's initiation of adoption proceedings pursuant to Article 1 of Chapter 8 of Title 19."
SECTION 7. Said chapter is further amended by adding a new Code section to read as follows:
"49-5-12.3. (a) As used in this Code section, the term:
(1) 'Affected agency' means any state agency, department, division, or office which requires a license or commission from the department for child welfare agencies, including, but not limited to, the Division of Family and Children Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Community Health. (2) 'Annual inspection' means an inspection of a child welfare agency's facility, books, minutes, financial statements, files, employees, programs, and contracts to ensure contract compliance and licensure compliance. (3) 'Child welfare agency' means any child-caring institution, child-placing agency, children's transition care center, or maternity home. (4) 'Contract compliance' means adherence to the terms of a contract a child welfare agency has with an affected agency to provide child welfare services.
THURSDAY, MARCH 24, 2016
4135
(5) 'Licensure compliance' means adherence to licensing or commissioning requirements established pursuant to and in accordance with Code Section 49-5-12. (b) The department shall ensure that the annual inspection of each child welfare agency is performed by all affected agencies in a singular coordinated manner. Affected agencies shall not duplicate the annual inspection but shall cooperate and assist the department with the annual inspection. Affected agencies shall share the results of annual inspection with other applicable affected agencies. (c) The annual inspection shall not occur sooner than 330 days or later than 390 days after the date on which the last annual inspection began and shall not exceed five days. Affected agencies may reduce the extent of the annual inspection by reducing the frequency or the extent of the inspection for contract compliance when the child welfare agency has shown an exceptional history of contract compliance as determined upon past scores; provided, however, that such reduction does not violate federal law, court order, or settlement agreement. (d) A child welfare agency may contest the results of an annual inspection, in accordance with department rules, by filing a written appeal with the affected agency within ten days of receipt of the affected agency's annual inspection report. Within ten days of receipt of a child welfare agency's written appeal of the annual inspection, the affected agency shall hold a meeting with the child welfare agency. The meeting shall be for the parties to discuss the annual inspection. (e) The annual inspection shall not limit the ability of affected agencies and other state departments, divisions, and agencies to ensure the safety and well-being of children in the care of child welfare agencies or to inspect, investigate, or respond as required by court order, settlement agreement, or federal law. (f) In consultation with other affected agencies, the department shall promulgate rules and regulations consistent with this Code section, including establishing criteria which must be met in order for a child welfare agency to contest or appeal an evaluation. (g) Nothing in this Code section shall be construed to affect the ability of any affected agency, in its sole discretion, to contract with any child welfare agency or to exercise the rights of the affected agency under the terms and conditions of any existing contract with a child welfare agency."
SECTION 8. Said chapter is further amended by revising Article 8, relating to the central child abuse registry, 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.
4136
JOURNAL OF THE HOUSE
(2) 'Alleged child abuser' means a person an individual named in an abuse investigator's report as having committed a substantiated case. (3) 'Child' means any person an individual under 18 years of age. (4) 'Child abuse' has shall have 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)(5) '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. (9)(6) 'Division' means the Division of Family and Children Services of the department. (10)(7) '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)(8) 'Sexual abuse' has shall have the same meaning as in paragraph (10) of subsection (b) of Code Section 19-7-5. (12)(9) 'Sexual exploitation' has shall have the same meaning as in paragraph (11) of subsection (b) of Code Section 19-7-5. (13)(10) '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.
THURSDAY, MARCH 24, 2016
4137
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 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) 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.
4138
JOURNAL OF THE HOUSE
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 via certified mail, return receipt requested. It shall be a rebuttable presumption that any such notice has been received if the return receipt has been received by the division. The notice shall further inform such alleged child abuser of such person's his or her 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 shall file a written request for a hearing with the division within ten days after receipt of such notice. The written request shall contain the alleged child abuser's current residence address and, if the person he or she has a telephone, a telephone number at which such person he or she 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
THURSDAY, MARCH 24, 2016
4139
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 such 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 this 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 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
4140
JOURNAL OF THE HOUSE
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. (h) With regard to a minor child alleged to have committed abuse, the division shall remove such individual's name from the registry if:
(1) He or she has reached 18 years of age; (2) More than one year has passed from the date of the act or omission that resulted in a substantiated case and there have been no subsequent acts or omissions resulting in a substantiated case; and (3) He or she can prove by a preponderance of the evidence that he or she has been rehabilitated.
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)(a) An individual Any person whose name appears in the child abuse registry as a convicted child abuser having committed a substantiated case shall be entitled to a hearing for an administrative determination of whether or not expungement of such person's individual's name should be ordered. In order to exercise such right, the person must individual shall file a written request for a hearing with the division. The provisions of this subsection shall not apply to persons individuals who have waived their a hearing after receipt of notice. (c)(b) Upon receipt by the division of a written request for a hearing pursuant to subsection (b) (a) 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 individual who requested the hearing is a convicted child abuser is the individual who had a substantiated case, 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. (d)(c) Notwithstanding any other provision of law, the decision of the Office of State Administrative Hearings pursuant to subsection (c) (b) 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
THURSDAY, MARCH 24, 2016
4141
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 that 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 and who shall only be provided information relating to that such case for purposes of using that such 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 and which shall only be provided information for purposes of licensing or employment of a specific individual; (3) A licensing entity, which 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, which 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; and (5) An affiliate court appointed special advocate program, as such term is defined in Code Section 15-11-2, which information shall be provided and used solely for the purpose of screening and selecting employees and volunteers of such affiliate court appointed special advocate program and screening and selecting individuals to serve as a CASA, as such term is defined in Code Section 15-11-2. (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.
4142
JOURNAL OF THE HOUSE
(c) A person An individual may make a written request to the division to find out whether such person's his or her 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 individual 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 or entities.
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."
THURSDAY, MARCH 24, 2016
4143
SECTION 9. (a) This Act shall become effective on July 1, 2016, except as otherwise provided in subsection (b) of this section. (b) Section 5 of this Act shall become effective on March 1, 2017.
SECTION 10. 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 905.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y 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 E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum
Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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
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
Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes E Rice 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
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 motion, the ayes were 160, nays 0.
4144
JOURNAL OF THE HOUSE
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 876. By Representatives Pirkle of the 155th, McCall of the 33rd, England of the 116th, Powell of the 32nd, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, so as to update license and surety requirements of livestock dealers and livestock market operators; to provide for publication of duly licensed dealers and operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; to repeal conflicting laws; and for other purposes.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 876
The Committee of Conference on HB 876 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 876 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ John Wilkinson Senator, 50th District
/s/ Clay Pirkle Representative, 155th District
/s/ Tyler Harper Senator, 7th District
/s/ Chad Nimmer Representative, 178th District
/s/ Greg Kirk Senator, 13th District
/s/ Regina Quick Representative, 117th District
A BILL TO BE ENTITLED AN ACT
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to update license and surety requirements of livestock dealers and livestock market
THURSDAY, MARCH 24, 2016
4145
operators; to provide for publication of duly licensed dealers and operators; to eliminate requirement for submission of certain reports; to correct cross-references and provide for uniformity; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, is amended by revising Code Section 4-6-1, relating to definitions relative to livestock dealers, as follows:
"4-6-1. As used in this chapter, the term:
(1) 'Bond' means a written instrument issued or executed by a bonding, surety, or insurance company licensed to do business in this state, guaranteeing that the person bonded shall faithfully fulfill the terms of the contract of purchases and guarantee the payment of the purchase price of all livestock purchased by him, made payable to the Commissioner for the benefit of persons sustaining loss resulting from the nonpayment of the purchase price or the failure to fulfill the terms of the contract of purchase. (2)(1) 'Cash' includes only currency, cashier's checks, and money orders. (3)(2) 'Dealer' is synonymous with the term 'broker' and means any person, firm, or corporation, including a packer, engaged in the business of buying livestock of any kind for resale or in selling livestock of any kind bought for the purpose of resale or in buying livestock of any kind for slaughter. Every agent acting for or on behalf of any dealer, broker, or livestock market operator is a dealer or broker. means any person or agent of such person who engages in or facilitates, including by electronic means, the business of buying, selling, exchanging, or otherwise transferring ownership of livestock within this state for his or her own account or for that of another. The term 'dealer' shall not include:
(A) Farmers acquiring livestock solely for the purpose of grazing and feeding as a part of their farm operations are not encompassed by the definition of 'dealer' or 'broker'; and (B) Packers whose total annual purchases of livestock are less than $50,000.00 who buy only from licensed dealers and licensed sales establishments are not included in the definition of 'dealer' or 'broker.'; (C) Persons selling only livestock of their own production or buying only for their own production; or (D) Auctioneers that do not take ownership of livestock. (4)(3) 'Livestock' means cattle, swine, equines, sheep, and goats of all kinds and species.
4146
JOURNAL OF THE HOUSE
(5)(4) 'Livestock market operator' means any person, firm, or corporation engaged in the business of operating a sales establishment, public auctions or sales of livestock, or barns and yards for the containment of livestock held for the purpose of auction or sale. (6)(5) 'Person' means any person, firm, corporation, association, cooperative, or combination thereof. (7)(6) 'Sales establishment' means any yard, barn, or other premises where livestock is sold at auction. (7) 'Surety' means a letter of credit, certificate of deposit, or other written instrument issued or executed by a lending institution or bonding, surety, or insurance company licensed to do business in this state, guaranteeing the faithful performance of the terms of the contract of purchase, including the payment of the purchase price of all livestock purchased by the holder of such instrument, made payable to the Commissioner for the benefit of persons sustaining loss resulting from the nonpayment of the purchase price or the failure to fulfill the terms of the contract of purchase."
SECTION 2. Said chapter is further amended by revising Code Section 4-6-2, relating to the sale, auction, transfer, or movement of infected livestock, as follows:
"4-6-2. No dealer, broker, or livestock market operator shall sell, auction, transfer, or move any livestock which are infected with any disease or which have been placed under quarantine by the authority of the Commissioner. Until all such livestock have been inspected by a veterinarian approved by the Commissioner, no dealer, broker, or livestock market operator shall sell, auction, transfer, or move any livestock which have been infected, which are suspected of being infected, or which are likely to have been exposed to infection. No dealer, broker, or livestock market operator shall sell, auction, transfer, or move any livestock from any barn, yard, or premises unless all sanitary practices and precautions prescribed by the rules and regulations of the Commissioner have been observed in the premises, barn, or yard."
SECTION 3. Said chapter is further amended by revising Code Section 4-6-3, relating to livestock dealer licenses, as follows:
"4-6-3. (a) No livestock market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. The triennial fee for a livestock market operator license shall be proportionate to the surety acquired by such operator, but shall not exceed $200.00. (b) No livestock dealer or broker dealer who buys or sells through a livestock market operator or directly from producers shall engage in or carry on such business without
THURSDAY, MARCH 24, 2016
4147
first applying for and obtaining a license from the Commissioner. There shall be no fee for such license. The annual fee for a dealer license shall be no more than $25.00. (c) No such license shall be issued to any person pursuant to this Code section unless the applicant therefor furnishes to the Commissioner the required bond surety required under this article and such surety is approved by the Commissioner. The bonds shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond surety applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond surety shall be removed from doing become unauthorized to do business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and sureties shall be conditioned to secure the faithful performance of such a person's obligations as a livestock market operator, livestock dealer, or livestock broker or dealer under this article and the rules and regulations prescribed under this article pursuant thereto. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond If the surety of a dealer, broker, or livestock market operator is canceled, then the license of such person shall immediately be revoked by operation of law without notice or hearing."
SECTION 4. Said chapter is further amended by revising Code Section 4-6-4, relating to cancellation, revocation, or suspension of licenses, as follows:
"4-6-4. Every licensed dealer, broker, and livestock market operator who shall violate this chapter or rules and regulations established by the Commissioner pursuant to this chapter shall have his or her license revoked, canceled, or suspended, upon a notice and hearing."
SECTION 5. Said chapter is further amended by revising Code Section 4-6-5, relating to maintenance of records, as follows:
"4-6-5. No dealer, broker, or livestock market operator shall buy, store, or otherwise receive any livestock without first recording the name and address of the person or persons bringing in the livestock and recording the license tag number of the vehicle used by the person or persons to transport the livestock."
4148
JOURNAL OF THE HOUSE
SECTION 6. Said chapter is further amended by revising Code Section 4-6-10, relating to penalties for violations, as follows:
"4-6-10. (a) Any dealer, broker, or livestock market operator who violates any of the provisions of this chapter, any quarantine provision, or any rule or regulation established by the Commissioner under the authority of this or any other law for the protection of the general public in the prevention of livestock diseases shall be guilty of a misdemeanor. (b) Any dealer, broker, or livestock market operator who violates Code Section 4-6-5, relating to maintenance of records, for a third or subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than three years, or both, and any person so convicted shall have any license issued under this article permanently revoked and shall be ineligible to apply for a subsequent license under this article. (c) Any dealer, broker, or livestock market operator who violates Code Section 4-6-2, relating to the sale, auction, or transfer of known infected livestock, or Code Section 46-6, relating to quarantines, for the third or subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than three years, or both, and any person so convicted shall have any license issued under this article permanently revoked and shall be ineligible to apply for a subsequent license under this article."
SECTION 7. Said chapter is further amended by adding a new Code section to read as follows:
"4-6-12. The Commissioner shall publish in print or electronically the names and locations of duly licensed dealers and livestock market operators."
SECTION 8. Said chapter is further amended by revising Code Section 4-6-42, relating to surety bonds generally, as follows:
"4-6-42. (a) No person shall operate a sales establishment for the sale of livestock at auction unless he or she has then in force a bond surety in an amount calculated as follows: established in a memorandum of agreement with the department sufficient to secure the performance of the obligations of the holder of such surety.
(1) If the annual sales of the establishment are $2,600,000.00 or less, the amount of the bond shall be one fifty-second of the amount of annual sales but not less than $10,000.00; or (2) If the annual sales of the establishment are more than $2,600,000.00, the amount of the bond shall be $50,000.00 plus one fifty-second of the amount of annual sales in excess of $2,600,000.00 times a factor of 0.20.
THURSDAY, MARCH 24, 2016
4149
(b) An amount calculated under subsection (a) of this Code section, if not a multiple of $5,000.00, shall be rounded to nearest higher multiple of $5,000.00."
SECTION 9. Said chapter is further amended by revising Code Section 4-6-43, relating to surety bonds relative to dealers and brokers generally, as follows:
"4-6-43. (a) No dealer or broker shall purchase livestock at any sales establishment or directly from producers unless he or she has then in force a bond surety in an amount calculated as follows: established in a memorandum of agreement with the department sufficient to secure the performance of the obligations of the holder of such surety.
(1) Determine a number which is the number of days during the preceding year on which the dealer or broker did business; (2) Divide the total dollar value of livestock purchased by the dealer or broker during the preceding year by the lesser of:
(A) One-half of the number determined under paragraph (1) of this subsection; or (B) One hundred thirty; and (3) Adjust the amount obtained under paragraph (2) of this subsection as follows: (A) If the amount obtained under paragraph (2) of this subsection is $10,000.00 or less then the amount of the bond shall be $10,000.00; (B) If the amount obtained under paragraph (2) of this subsection is more than $10,000.00 but not more than $75,000.00 then that amount shall be the amount of the bond; or (C) If the amount obtained under paragraph (2) of this subsection is more than $75,000.00 then the amount of the bond shall be the sum of $75,000.00 plus 10 percent of the amount by which the amount obtained under paragraph (2) of this subsection exceeds $75,000.00. (b) An amount calculated under subsection (a) of this Code section, if not a multiple of $5,000.00, shall be rounded up to the nearest multiple of $5,000.00. (c) This Code section shall not be applicable to nor shall a bond surety be required of a dealer who purchases livestock at sales establishments for cash only. No livestock market operator shall permit a dealer or broker who is not properly licensed and bonded holding surety to purchase livestock other than for cash."
SECTION 10. Said chapter is further amended by repealing in its entirety Code Section 4-6-44, relating to calculation of bonds, and designating said Code section as reserved.
SECTION 11. Said chapter is further amended by repealing in its entirety Code Section 4-6-49, relating to annual sale and purchase reports and proof of bonding requirements, and designating said Code section as reserved.
4150
JOURNAL OF THE HOUSE
SECTION 12. Said chapter is further amended by revising Code Section 4-6-49.1, relating to denial of licenses and required statements and records, as follows:
"4-6-49.1. (a) No license shall be issued to or allowed to be maintained by any sales establishment or dealer if:
(1) Any beneficial interest in the business of the sales establishment or dealer is directly or indirectly owned by a defaulter; or (2) Any defaulter is employed in a management position by the sales establishment or dealer. (b) As used in this Code section, the term 'defaulter' means any person who has, within the past five years, been employed in a managerial position by or owned any beneficial interest in the business of a sales establishment or dealer which business has ceased operations without satisfying all liabilities of the business either from assets of the business or from any bond or bonds surety. (c) The Commissioner shall have full authority to require disclosure from licensees and applicants of information sufficient to determine whether the licensee or applicant is qualified to be licensed under this Code section. The Commissioner shall have full authority to examine the records and accounts of all licensees in order to determine whether any proceeds of the business are being paid to any defaulter. (d) This Code section shall not prohibit the Commissioner from allowing a defaulter to operate as a dealer who purchases livestock for cash only. (e) All applicants for licensure shall submit to the Commissioner a current financial statement; and all licensees shall submit a current financial statement annually."
SECTION 13. Said chapter is further amended by revising Code Section 4-6-52, relating to special sales, as follows:
"4-6-52. (a) As used in this Code section, 'special sale' means any livestock sale, except a regular sale at an establishment and any sale by a farmer of livestock owned by the farmer, with payment made directly to the farmer. (b) The Commissioner is authorized to prescribe rules and regulations for the operation of special sales. No person shall hold a special sale without obtaining a permit therefor from the Commissioner or his or her duly authorized representative, which shall be granted without charge upon submission of proof satisfactory to the Commissioner that the person applying for the permit is bonded has procured a surety in an amount equal to one-fourth of the anticipated proceeds of the sale; provided, however, that such bond surety shall be not less than $10,000.00 and not more than $150,000.00 in amount. (c) Associations holding sales of animals consigned by members of the association only shall not be required to procure a bond surety if the directors of the association accept full responsibility for financial obligations of sale and release the Commissioner, in writing, from any responsibility.
THURSDAY, MARCH 24, 2016
4151
(c.1)(d) Georgia 4-H clubs and Georgia Future Farmers of America chapters shall not be required to procure a bond surety. (d) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 14. Said title is further amended by revising Chapter 12, relating to injuries from equine or llama activities, as follows:
"CHAPTER 12
4-12-1. The General Assembly recognizes that persons who participate in equine activities, livestock activities, or llama activities may incur injuries as a result of the risks involved in such activities. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage equine activities, livestock activities, and llama activities by limiting the civil liability of those involved in such activities.
4-12-2. As used in this chapter, the term:
(1) 'Engages in a llama activity' means riding, training, assisting in providing medical treatment of, driving, or being a passenger upon a llama, whether mounted or unmounted, or any person assisting a participant or show management. The term 'engages in a llama activity' does not include being a spectator at a llama activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the llama activity. (2) 'Engages in an equine activity' means riding, training, assisting in providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management. The term 'engages in an equine activity' does not include being a spectator at an equine activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity. (3) 'Equine' means a horse, pony, mule, donkey, or hinny. (4) 'Equine activity' means:
(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting; (B) Equine training or teaching activities, or both;
4152
JOURNAL OF THE HOUSE
(C) Boarding equines; (D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (E) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (F) Placing or replacing horseshoes on an equine; and (G) Examining or administering medical treatment to an equine by a veterinarian. (5) 'Equine activity sponsor' means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, entity which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college sponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. (6) 'Equine professional' means a person an entity engaged for compensation in: (A) Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; (B) Renting equipment or tack to a participant; or (C) Examining or administering medical treatment to an equine as a veterinarian. (7) 'Inherent risks of equine animal activities' or 'inherent risks of llama activities' means those dangers or conditions which are an integral part of equine activities, livestock activities, or llama activities, as the case may be, including, but not limited to: (A) The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; (B) The unpredictability of the animal's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (C) Certain hazards such as surface and subsurface conditions; (D) Collisions with other animals or objects; and (E) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. (7.1) 'Livestock' means swine, cattle, sheep, and goats. (7.2) 'Livestock activity' means any not for profit event in which participants are engaged in the grazing, herding, feeding, branding, boarding, milking, inspecting, or evaluating livestock, or taking part in any other activity that involves the care or maintenance of livestock. (7.3) 'Livestock activity sponsor' means an entity sponsoring, organizing, or providing facilities for a livestock activity, and includes all employees of such entity. (7.4) 'Livestock facility' means a property or facility at which a livestock activity is held.
THURSDAY, MARCH 24, 2016
4153
(7.5) 'Livestock professional' means an entity owning livestock that is involved in a livestock activity. (8) 'Llama' means a South American camelid which is an animal of the genus lama, commonly referred to as a 'one llama,' including llamas, alpacas, guanacos, and vicunas. (9) 'Llama activity' means:
(A) Llama shows, fairs, competitions, performances, packing events, or parades that involve any or all breeds of llamas; (B) Using llamas to pull carts or to carry packs or other items; (C) Using llamas to pull travois-type carriers during rescue or emergency situations; (D) Llama training or teaching activities or both; (E) Taking llamas on public relations trips or visits to schools or nursing homes; (F) Participating in commercial packing trips in which participants pay a llama professional to be a guide on a hike leading llamas; (G) Boarding llamas; (H) Riding, inspecting, or evaluating a llama belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the llama or is permitting a prospective purchaser of the llama to ride, inspect, or evaluate the llama; (I) Using llamas in wool production; (J) Rides, trips, or other llama activities of any type however informal or impromptu that are sponsored by a llama activity sponsor; and (K) Trimming the nails of a llama. (10) 'Llama activity sponsor' means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, entity which sponsors, organizes, or provides the facilities for a llama activity, including, but not limited to llama clubs; 4-H clubs; hunt clubs; riding clubs; school and collegesponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of llama facilities, including, but not limited to stables, clubhouses, fairs, and arenas at which the activity is held. (11) 'Llama professional' means a person an entity engaged for compensation: (A) In instructing a participant or renting to a participant a llama for the purpose of riding, driving, or being a passenger upon the llama; or (B) In renting equipment or tack to a participant. (12) 'Participant' means any person, whether amateur or professional, who engages in an equine activity, a livestock activity, or who engages in a llama activity, whether or not a fee is paid to participate in such activity.
4-12-3. (a) Except as provided in subsection (b) of this Code section, an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, a llama activity sponsor, a llama professional, or any other person, which shall include a corporation or partnership, shall not be liable for an
4154
JOURNAL OF THE HOUSE
injury to or the death of a participant resulting from the inherent risks of equine animal activities or from the inherent risks of llama activities and, except as provided in subsection (b) of this Code section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, a llama activity sponsor, a llama professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine animal activities or resulting from any of the inherent risks of llama activities during the course of any equine activity, livestock activity, or llama activity. (b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, a llama activity sponsor, a llama professional, or any other person if the equine activity sponsor, equine professional, livestock activity sponsor, livestock professional, owner of the livestock facility, llama activity sponsor, llama professional, or person:
(1)(A) Provided the equipment or tack for the activity, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause caused the injury. (B) Provided the animal and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity or llama activity and to safely manage the particular animal based on the participant's representations of his or her ability; (2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine activity sponsor, equine professional, livestock activity sponsor, livestock professional, owner of a livestock facility, llama activity sponsor, llama professional, or person and for which warning signs have not been conspicuously posted; (3) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (4) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, equine professional, a livestock activity sponsor, a livestock professional, an owner of a livestock facility, llama activity sponsor, or llama professional under liability provisions as set forth in the products liability laws. (d) Nothing in this Code Section nor any provision of the laws of this State recognizing equine activity, livestock activity, or llama activity as inherently dangerous shall serve as a basis for liability on the part of any person who encourages, promotes, or instructs others in equine activities, livestock activities, or llama activities.
THURSDAY, MARCH 24, 2016
4155
4-12-4. (a) Every equine professional and every equine activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional or the equine activity sponsor conducts equine activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or by an equine activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's or the equine activity sponsor's business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain language substantially similar to the following warning notice: WARNING
Under Georgia law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine animal activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent an equine activity sponsor or equine professional from invoking the privileges of immunity provided by this chapter.
4-12-5. (a) Every llama professional and every llama activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, pens, or arenas where the llama professional or the llama activity sponsor conducts llama activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a llama professional or by a llama activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or a llama to a participant, whether or not the contract involves llama activities on or off the location or site of the llama professional's or the llama activity sponsor's business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain language substantially similar to the following warning notice: WARNING
Under Georgia law, a llama activity sponsor or llama professional is not liable for an injury to or the death of a participant in llama activities resulting from the inherent
4156
JOURNAL OF THE HOUSE
risks of llama animal activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent a llama activity sponsor or llama professional from invoking the privileges of immunity provided by this chapter.
4-12-6. (a) Every livestock activity sponsor, livestock professional, and owner of a livestock facility shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the livestock activity sponsor conducts livestock activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a livestock activity sponsor, livestock professional, or livestock owner for the providing of professional services, instruction, or the rental of equipment, tack, or livestock to a participant, whether or not the contract involves livestock activities on the business location or site of such livestock activity sponsor, livestock professional, or livestock owner, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain language substantially similar to the following warning notice: WARNING
Under Georgia law, a livestock activity sponsor, livestock professional, or owner of a livestock facility is not liable for an injury to or the death of a participant in livestock activities resulting from the inherent risks of animal activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent a livestock activity sponsor, livestock professional, or owner of a livestock facility from invoking the privileges of immunity provided by this chapter.
4-12-7. Nothing in this chapter shall be construed so as to abrogate or otherwise affect the provisions of Chapter 3 of this title."
SECTION 15. This Act shall become effective on July 1, 2016, and shall not apply to any cause of action arising prior to such date.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.
THURSDAY, MARCH 24, 2016
4157
Representative Pirkle of the 155th moved that the House adopt the report of the Committee of Conference on HB 876.
On the motion, the roll call was ordered and the vote was as follows:
Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Belton N Bennett, K N Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson N Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan
Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans N Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard N Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L N Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden N Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall N McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix N Oliver N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D
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 N Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 145, nays 20.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
4158
JOURNAL OF THE HOUSE
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 304. By Senators Parent of the 42nd and Jones II of the 22nd:
A BILL to be entitled an Act to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to allow for the preservation of a person's involuntary hospitalization information received by the Georgia Crime Information Center; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 327. By Senators Hill of the 32nd, Hill of the 6th, McKoon of the 29th, Crane of the 28th, Thompson of the 14th 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 prohibit the state, including all of its subdivisions and instrumentalities, from entering into certain contracts with an individual or company unless such contracts contain a certification that such individual or company does not presently conduct a boycott of Israel and will not conduct such a boycott for the duration of such contract; to exclude certain contracts from these requirements; to provide for definitions; to repeal conflicting laws; and for other purposes.
SB 383. By Senators Ginn of the 47th, Mullis of the 53rd, Black of the 8th, Williams of the 27th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the O.C.G.A., relating to the regulation of maintenance and use of public roads, so as to provide for the purpose of the Roadside Enhancement and Beautification Council; to provide for the issuance of permits for the removal or trimming of vegetation on state rights of way when such vegetation obstructs the target viewing zone of a building, sign, or structure upon commercial property; to provide for procedures, conditions, and limitations for the issuance of such permits; to provide for the department to set standards for applications and fees for such permits; to prohibit the removal or certain types of vegetation; to provide for related matters; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 24, 2016
4159
The Senate has agreed to the House substitutes to the following resolutions of the Senate:
SR 892. By Senators Walker III of the 20th, Hill of the 4th, Kennedy of the 18th, Lucas of the 26th, Black of the 8th and others:
A RESOLUTION recognizing Governor Sonny Perdue and dedicating a road in his honor; and for other purposes.
SR 954. By Senators Jeffares of the 17th, Jones of the 25th, Kennedy of the 18th, Kirk of the 13th, Bethel of the 54th and others:
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 Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SR 955. By Senators Jeffares of the 17th, VanNess of the 43rd, Jones of the 25th, Kennedy of the 18th and Hill of the 6th:
A RESOLUTION authorizing the conveyance and lease of various state owned real properties; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 883. By Representatives Taylor of the 173rd, Smith of the 134th, Atwood of the 179th, Meadows of the 5th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 37 of Title 33 of the O.C.G.A., relating to insurers rehabilitation and liquidation, so as to change certain provisions relating to insurers rehabilitation and liquidation; to change provisions related to reciprocal states and domiciliary liquidators; to provide for the Commissioner to transfer title under his or her control to a domiciliary receiver; to modify certain provisions relating to the rights of nonresident claimants in proceedings against domiciliary insurers; to change certain provisions relating to the rights of resident claimants in proceedings in other states against nondomiciliary insurers; to remove the use of
4160
JOURNAL OF THE HOUSE
reciprocal in superiority of order of distribution in liquidation proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 883 (LC 37 2115S) by inserting after "proceedings;" on line 9 "to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities, so as to provide for certain updates to the standard valuation law as it relates to the reserve requirements for companies allowed to opt out of the principal based reserves standards;
By inserting after line 243 the following: Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities, is amended in Code Section 33-10-13, relating to standard valuation, by revising subsection (t) as follows:
"(t)(1) An insurer that has less than $300 million of ordinary life premiums and that is licensed and doing business in this state and that is subject to the requirements of subsections (o) through (r) of this Code section is deemed to pass the exclusion tests associated with life insurance reserve requirements incorporated in the valuation manual may hold reserves based on the mortality tables and interest rates defined by the valuation manual for net premium reserves and using the methodologies described in subsections (g) through (m) of this Code section as they apply to ordinary life insurance in lieu of the reserves required by subsections (o) and (p) of this Code section, provided that:
(A) If the insurer is a member of a group of life insurers, the group has combined ordinary life premiums of less than $600 million; (B) The insurer reported total adjusted capital of at least 450 percent of authorized control level risk based capital in the risk based capital report for the prior calendar year; (C) The appointed actuary has provided an unqualified opinion on the reserves for the prior calendar year; and (D) The insurer has provided a certification by a qualified actuary that any universal life policy with a secondary guarantee issued by the insurer after the operative date of the valuation manual meets the definition of a nonmaterial secondary guarantee universal life product as defined in the valuation manual. (2) For purposes of paragraph (1) of this subsection, ordinary life premiums are measured as direct premium plus reinsurance assumed from an unaffiliated company, as reported in the annual statement for the prior calendar year. (3) A company that meets the requirements under paragraph (1) of this subsection is also subject to the requirements of subsection (l) of this Code section. (4)(3) A domestic company meeting all of the conditions provided in this subsection may file, prior to July 1 of the current calendar year, a statement with the Commissioner certifying that such conditions are met for the current calendar year
THURSDAY, MARCH 24, 2016
4161
based on premiums and other values from the financial statements for the prior calendar year. The Commissioner may reject such statement prior to September 1 and require a company to comply with the valuation manual requirements for life insurance reserves."
SECTION 9.
Representative Taylor of the 173rd moved that the House agree to the Senate amendment to HB 883.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Belton Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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 E 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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 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 Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice Y Rogers, C
Rogers, T Y Rutledge Y Rynders Y 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
Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D
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 163, nays 0.
4162
JOURNAL OF THE HOUSE
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 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 following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 64
The Committee of Conference on SB 64 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 64 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Chuck Hufstetler Senator, 52nd District
/s/ Tom Weldon Representative, 3rd District
/s/ Bruce Thompson Senator, 14th District
/s/ J. A. Atwood Representative, 179th District
/s/ Emanuel Jones Senator, 10th District
/s/ Andy Welch Representative, 110th District
A BILL TO BE ENTITLED AN ACT
To amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for conforming cross-references relating to the elimination of administrative legitimation; to provide for and revise definitions; to clarify provisions
THURSDAY, MARCH 24, 2016
4163
relating to judicial petitions for legitimation; to provide for witnesses to the signing of acknowledgments of paternity; to provide for access to signed acknowledgments of paternity and voluntary acknowledgments of legitimation; to change provisions relating to hospital programs for establishing paternity; to provide for the repeal of a certain power of attorney; to change provisions relating to vital records; to provide for a savings clause; to provide for an effective date and contingent 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. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code, is amended by revising paragraph (43) as follows:
"(43) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who:
(A) Has legally adopted a such child; (B) Was married to the biological mother of a such child at the time such child was conceived or was born or within the usual period of gestation, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (C) Married the legal mother of a such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; or (D) Has been determined to be the father of a child by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; (E)(D) Has legitimated a such child by a final order pursuant to Code Section 19-722; or (F) Has legitimated a child pursuant to Code Section 19-7-21.1."
SECTION 2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by repealing in its entirety Code Section 19-7-21.1, relating to acknowledgment of legitimation.
SECTION 3. Said title is further amended by revising Code Section 19-7-22, relating to the petition for legitimation of a child, requirements therefor, the effect of such, claims for custody or visitation, and third-party actions for legitimation, as follows:
"19-7-22. (a) As used in this Code section, the term:
(1) 'Biological father' means the male who impregnated the biological mother resulting in the birth of a child. (2) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who:
4164
JOURNAL OF THE HOUSE
(A) Has legally adopted such child; (B) Was married to the biological mother of such child at the time such child was born or within the usual period of gestation, unless paternity was disproved by a final order pursuant to Article 3 of this chapter; (C) Married the legal mother of such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of this chapter; or (D) Has legitimated such child pursuant to this Code section. (a)(b) The biological A father of a child born out of wedlock may render his relationship with the child legitimate by petitioning the superior court of the county of the residence of the child's mother or other party having legal custody or guardianship of the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside the this state or cannot, after due diligence, be found within the this state, the petition may be filed in the county of the biological father's residence or the county of the child's residence. If a petition for the adoption of the child is pending, the biological father shall file the petition for legitimation in the county in which the adoption petition is filed. (b)(c) A legitimation The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the biological father desires the name of the child to be changed, the new name. If the mother is alive, she shall be named as a party and shall be served and provided an opportunity to be heard as in other civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' If there is a legal father who is not the biological father, he shall be named as a party by the petitioner and shall be served and provided an opportunity to be heard as in other civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' (c)(d) Upon the presentation and filing of the a legitimation petition, and after a hearing for which notice was provided to all interested parties, the court may pass issue an order declaring the biological father's relationship with the child to be legitimate, and that the provided that such order is in the best interests of the child. If such order is issued, the biological father and child shall be capable of inheriting from each other in the same manner as if born in lawful wedlock and specifying. Such order shall specify the name by which the child shall be known. (d)(e) A legitimation petition may be filed, pursuant to Code Section 15-11-11, in the juvenile court of the county in which a dependency proceeding regarding the child is pending; provided, however, that if either parent has demanded a jury trial as to child support, that issue of the case shall be transferred to superior court for a jury trial. Such petition shall contain the same information and require the same service and opportunity to be heard as set forth in subsection (c) of this Code section. After a hearing, the juvenile court may issue the same orders as set forth in subsection (d) of this Code section. (e)(f) A superior court shall, after notice and hearing, enter an order establishing the obligation to support a Except as provided by subsection (f) of this Code section, the court shall upon notice to the mother further establish such duty as the father may have
THURSDAY, MARCH 24, 2016
4165
to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child as provided under Code Section 19-6-15. (f) After a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred from juvenile court to superior court for such jury trial. (f.1)(g) A The petition for legitimation petition may also include claims for visitation, parenting time, or custody. If such claims are raised in the legitimation action, the court may order, in addition to legitimation, visitation, parenting time, or custody based on the best interests of the child standard. In a case involving allegations of family violence, the provisions of paragraph (4) of subsection (a) of Code Section 19-9-3 shall also apply. (g)(1)(h) In any petition to establish paternity pursuant to paragraph (4) of subsection (a) of Code Section 19-7-43, the alleged biological father's response may assert a thirdparty action for the legitimation of the child born out of wedlock if the alleged biological father is, in fact, the biological father. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest interests of the child. In determining the best interests of the child, the court should ensure that the petitioning alleged biological father is, in fact, the biological father and may order the mother, the alleged biological father, and the child to submit to genetic testing in accordance with Code Section 19-7-45. Whenever a petition to establish the paternity of a child is brought by the Department of Human Services, issues of name change, visitation, and custody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child, in accordance with Code Section 19-11-8; if the petition to establish paternity is brought by a party other than the Department of Human Services or if the alleged biological father seeks legitimation, the court may determine issues of name change, visitation, and custody in accordance with subsections (b) and (f.1) (c) and (g) of this Code section. Custody of the child shall remain in the mother unless or until a court order is entered addressing the issue of custody.
(2) In any voluntary acknowledgment of paternity which has been made and has not been rescinded pursuant to Code Section 19-7-46.1, when both the mother and father freely agree and consent, the child may be legitimated by the inclusion of a statement indicating a voluntary acknowledgment of legitimation."
SECTION 4. Said title is further amended by revising Code Section 19-7-25, relating to in whom parental power over a child born out of wedlock lies, as follows:
4166
JOURNAL OF THE HOUSE
"19-7-25. Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-21.1 or 19-7-22. Otherwise, the mother may exercise all parental power over the child."
SECTION 5. Said title is further amended by revising Code Section 19-7-27, relating to hospital program for establishing paternity, as follows:
"19-7-27. (a) Except in the event of a medical emergency, prior to Upon the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides perinatal labor and delivery services shall:
(1) Provide the child's mother and alleged father if he is present at the hospital the opportunity to acknowledge paternity consistent with the requirements of Code Section 19-7-46.1; and (2) Provide provide to the mother and alleged father: (A)(1) Written materials about administratively establishing paternity establishment; (B)(2) The forms necessary to voluntarily acknowledge paternity; (C)(3) A written description of the rights and responsibilities of voluntarily acknowledging paternity, the differences between paternity and legitimation, and the duty to support a child upon acknowledgment of paternity; and (D)(4) The opportunity, prior to discharge from the hospital, to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about administratively establishing paternity establishment and the availability of judicial determinations of paternity. (b) Providing the written materials describing rights and responsibilities shall not constitute the unlawful practice of law. (c) After the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall: (1) Provide the child's mother and alleged father if he is present at the hospital the opportunity to execute a voluntary acknowledgment of paternity if a notary public is available at such hospital; (2) File the signed voluntary acknowledgment of paternity with the State Office of Vital Records within 30 days of its execution, provided that such acknowledgment is signed at the hospital on or before the mother is discharged; and (3) Provide to the child's mother and alleged father copies of the signed voluntary acknowledgment of paternity."
SECTION 6. Said title is further amended by revising subsection (d) of Code Section 19-7-43, relating to petition to establish paternity and genetic testing, as follows:
"(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 the court, either on its own motion or on
THURSDAY, MARCH 24, 2016
4167
the motion of any party, may 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, if made by a party, 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 possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article by the court. The court shall grant the a party's motion unless it finds good cause as defined by the federal Social Security Act or if other a good excuse for noncooperation is established."
SECTION 7. Said title is further amended by revising Code Section 19-7-46.1, relating to name or social security number on birth certificate or other record as evidence of paternity and signed voluntary acknowledgment of paternity, as follows:
"19-7-46.1. (a) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, entered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity. (b) When both the mother and father have signed a voluntary acknowledgment of paternity in the presence of a notary public swearing or affirming the statements contained in the acknowledgment are true and such acknowledgment is filed with the State Office of Vital Records within 30 days of its execution and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 197-51. Acknowledgment of paternity shall establish the biological father, as such term is defined in Code Section 19-7-22, but shall not constitute a legal determination of legitimation pursuant to Code Section 19-7-21.1 or 19-7-22. (c) After the 60 day rescission period specified in subsection (b) of this Code section, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. The legal responsibilities of any signatory,
4168
JOURNAL OF THE HOUSE
including child support obligations, arising from the acknowledgment may not be suspended during the challenge, except for good cause shown. (d) A copy of a signed voluntary acknowledgment of paternity shall be provided to any signatory upon request.
(e)(1) As used in this subsection, the term: (A) 'Child-placing agency' means an agency licensed as such pursuant to Chapter 5 of Title 49. (B) 'Legal custodian' shall have the same meaning as set forth in Code Section 1511-2. (C) 'Local custodian' shall have the same meaning as set forth in Code Section 3110-1. (D) 'State registrar' shall have the same meaning as set forth in Code Section 31-101.
(2) The state registrar or local custodian, upon receipt of a written application, shall issue a certified copy of voluntary acknowledgment of paternity in the state registrar's or local custodian's custody to:
(A) The person who signed such acknowledgment and his or her guardian or temporary guardian; (B) The person whose paternity was acknowledged, if he or she is at least 18 years of age; (C) The guardian, temporary guardian, or legal custodian of the person whose paternity was acknowledged; (D) The living legal spouse or next of kin, the legal representative, or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose paternity is registered; (E) A court of competent jurisdiction upon its order or subpoena; (F) Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes; (G) A member in good standing of the State Bar of Georgia, provided that such certificate shall be needed for purposes of legal investigation on behalf of a client; and (H) A child-placing agency, provided that such certificate shall be needed for official purposes."
SECTION 8. Said title is further amended by revising Code Section 19-7-51, relating to order of support, visitation privileges, and other provisions, as follows:
"19-7-51. The decree or order establishing paternity may contain any other provisions concerning the duty to support the child by periodic or lump sum payments, visitation privileges with the child as provided in Code Section 19-6-15, or any other matter in the best interest interests of the child."
THURSDAY, MARCH 24, 2016
4169
SECTION 9. Said title is further amended by revising paragraph (6) of Code Section 19-8-1, relating to definitions relating to adoption, as follows:
"(6) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who:
(A) Has legally adopted a such child; (B) Was married to the biological mother of that such child at the time the such child was conceived or was born or within the usual period of gestation, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; (C) Married the legal mother of the such child after the such child was born and recognized the such child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; or (D) Has legitimated the such child by a final order pursuant to Code Section 19-722; or (E) Has legitimated the child pursuant to Code Section 19-7-21.1 and who has not surrendered or had terminated his rights to the child."
SECTION 10. Said title is further amended by revising subparagraph (e)(3)(D) of Code Section 19-8-4, relating to when surrender or termination of parental or guardian's rights is required, as follows:
"(D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1."
SECTION 11. Said title is further amended by revising subparagraph (e)(3)(D) of Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights when child to be adopted by a third party, as follows:
"(D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1."
SECTION 12. Said title is further amended by revising subparagraph (e)(3)(D) of Code Section 19-8-7, relating to surrender or termination of parental or guardian's rights when child to be adopted by a relative, as follows:
4170
JOURNAL OF THE HOUSE
"(D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1."
SECTION 13. Said title is further amended by revising subsection (c) of Code Section 19-8-9, relating to surrender of parental rights when legal mother puts up for adoption a child that she previously adopted herself, as follows:
"(c) If a legal mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of Code Section 19-8-4, 19-8-5, 19-86, or 19-8-7 and has not withdrawn her surrender within the ten-day period after signing as permitted by the provisions of subsection (b) of this Code section, she shall have no right or authority to sign either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 197-46.1 regarding the same child."
SECTION 14. Said title is further amended by revising subsection (e) of Code Section 19-8-12, relating to notice to biological father, as follows:
"(e) When notice is to be given pursuant to subsection (b) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files:
(1) A petition to legitimate the child pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1; and (2) Notice of the filing of the petition to legitimate or acknowledgment of legitimation with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father."
SECTION 15. Said title is further amended by repealing Article 5 of Chapter 9, relating to a power of attorney relating to children.
SECTION 16. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising subsections (a) and (d) of Code Section 31-10-25, relating to disclosure of information contained in vital records, as follows:
"(a) To protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital records, it shall be unlawful for any person to permit inspection of, or to disclose information contained in,
THURSDAY, MARCH 24, 2016
4171
vital records or to copy or issue a copy of all or part of any such record except as authorized by this chapter, Code Section 19-7-46.1, and by regulation or by order of a court of competent jurisdiction. Regulations adopted under this Code section shall provide for adequate standards of security and confidentiality of vital records. The provisions of this subsection shall not apply to court records or indexes of marriage licenses, divorces, and annulments of marriages filed as provided by law." "(d) Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by regulation or upon the authorized by this chapter, Code Section 19-7-46.1, and regulation or by order of a court of competent jurisdiction."
SECTION 17. Said chapter is further amended by revising subsection (a) of Code Section 31-10-26, relating to certified copies of vital records, issuance, and use for statistical purposes, as follows:
"(a) In accordance with Code Section 31-10-25 and the regulations adopted pursuant thereto:
(1) The state registrar or local custodian, of vital records appointed by the state registrar to issue certified copies upon receipt of a written application, shall issue:
(A) A a certified copy of a vital record in that registrar's or custodian's custody or abstract thereof to any applicant having a direct and tangible interest in the vital record, except that certified; (B) Certified copies of voluntary acknowledgments of paternity as provided in subsection (e) of Code Section 19-7-46.1; (C) Certified copies of voluntary acknowledgments of legitimation executed on or before June 30, 2015, to the same individuals and entities specified in subsection (e) of Code Section 19-7-46.1; and (D) Certified copies of certificates shall only be issued to:
(A)(i) The person whose record of birth is registered; (B)(ii) Either parent, guardian, or temporary guardian of the person whose record of birth or death is registered; (C)(iii) The living legal spouse or next of kin, or the legal representative, or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose record of birth or death is registered; (D)(iv) A The court of competent jurisdiction upon its order or subpoena; or (E)(v) Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes.; and (2) Each certified copy issued shall show the date of registration and duplicates issued from records marked 'delayed' or 'amended' shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate of birth shall be shown on all duplicates issued. All forms and procedures used in the
4172
JOURNAL OF THE HOUSE
issuance of certified copies of vital records in this state shall be provided or approved by the state registrar."
SECTION 18. This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016.
SECTION 19.
This Act shall become effective on July 1, 2016, provided that Section 15 of this Act shall become effective only if Article 5 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to a power of attorney relating to children, as would be enacted by HB 887, as passed by the General Assembly during the 2016 legislative session, becomes law prior to this Act; otherwise, Section 15 of this Act shall not become effective.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
Representative Weldon of the 3rd moved that the House adopt the report of the Committee of Conference on SB 64.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Belton Y Bennett, K Y Bennett, T N Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cannon
Y Cooke Y Coomer
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 Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake
Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J
Price Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves
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 Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
THURSDAY, MARCH 24, 2016
4173
Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y LaRiccia Y Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain Y Meadows
Y Rhodes E Rice Y Rogers, C
Rogers, T Y Rutledge Y Rynders N Scott E 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 motion, the ayes were 158, nays 4.
The motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
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.
The following Senate substitute was read:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by revising paragraph
4174
JOURNAL OF THE HOUSE
(5) of subsection (a) of Code Section 48-13-51, relating to county and municipal levies on public accommodations, as follows:
"(5)(A)(i) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality is authorized to levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall expend an amount equal to at least 51.4 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to at least 32.14 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent for the purpose of: (I) promoting tourism, conventions, and trade shows; (II) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (III) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (IV) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (V) 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, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, except that amounts expended for those purposes specified in subdivisions (III) and (IV) of this division may be so expended in any otherwise lawful manner. (ii) In addition to the amounts required to be expended under division (i) of this subparagraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 14.3 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to 39.3 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent toward funding a multipurpose domed stadium facility. Amounts so expended shall be expended only through a contract originally with the state, a department or agency of the state, or a state authority or through a contract or contracts with some combination of the above. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2020, unless extended as provided in subparagraph (B) of this paragraph, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1991, issued to fund a multipurpose domed stadium as contemplated by this paragraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, or any such obligation which is incurred to refund such an obligation incurred before January 1, 1991, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph shall not
THURSDAY, MARCH 24, 2016
4175
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 an authority of the state, shall constitute a contract with the holder of such obligations. (B) Notwithstanding the termination date stated in division (ii) of subparagraph (A) of this paragraph, notwithstanding paragraph (6) of this subsection, and notwithstanding subsection (b) of this Code section, a tax levied under this paragraph may be extended by resolution of the levying county or municipality and continue to be collected through December 31, 2050, if a state authority certifies: (i) that the same portion of the proceeds will be used to fund a successor facility to the multipurpose domed facility as is currently required to fund the multipurpose domed facility under division (ii) of subparagraph (A) of this paragraph; (ii) that such successor facility will be located on property owned by the state authority; and (iii) that the state authority has entered into a contract with a national football league team for use of the successor facility by the national football league team through the end of the new extended period of the tax collection. During the extended period of collection provided for in this subparagraph, the county or municipality levying the tax shall continue to comply with the expenditure requirements of division (i) of subparagraph (A) of this paragraph. During the extended period of collection, the county or municipality shall further expend (in each fiscal year during which the tax is collected during the extended period of collection) an amount equal to 39.3 percent of the total taxes collected at the rate of 7 percent toward funding the successor facility certified by the state authority. Amounts so expended shall be expended only through a contract with the certifying state authority. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2050, provided that during any period during which there remains outstanding any obligation which is incurred to fund the successor facility certified by the state authority, and secured in whole or in part by a pledge of a tax authorized under this Code section, or any such obligation which is incurred to refund such an obligation, 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 an authority of the state, shall constitute a contract with the holder of such obligations. (C) Notwithstanding any provision of the law to the contrary, and subject to the limitations contained in this subparagraph, a municipality levying a tax a percentage of which is dedicated to financing a multipurpose domed stadium pursuant to division (ii) of subparagraph (A) of this paragraph shall be further authorized to expend in each fiscal year during which the tax is collected under this paragraph an
4176
JOURNAL OF THE HOUSE
amount equal to 39.3 percent of the total taxes collected at the rate of 7 percent toward funding any of the purposes permitted for tourism product development contained in paragraph (6) of Code Section 48-13-50.2. Any funding pursuant to this paragraph shall not commence until the municipality has terminated its obligations under division (ii) of subparagraph (A) of this paragraph and so long as there remains outstanding any obligation which is incurred prior to January 1, 1991, issued to fund a multipurpose domed stadium as contemplated by this paragraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, or any such obligation which is incurred to refund such an obligation incurred before January 1, 1991."
SECTION 2. This Act shall become effective on July 1, 2016.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Willard of the 51st moved that the House agree to the Senate substitute to HB 408.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger
Barr Y Battles Y Beasley-Teague
Belton Y Bennett, K Y Bennett, T N Bentley Y Benton Y Beskin Y Beverly N Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cannon N Cantrell Y Carson
N Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey
Dickson N Dollar Y Douglas E Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Ealum N Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard
Hugley Y Jackson
Jasperse Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight N LaRiccia N Lott
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer
Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Pirkle N Powell, A Powell, J Y Price Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E 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 N Taylor, D
Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
THURSDAY, MARCH 24, 2016
4177
Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman
N Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Rogers, C Rogers, T
N Rutledge N Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Wilkerson Y Wilkinson Y Willard
Williams, A N Williams, C Y Williams, E N Williamson
Yates Ralston, Speaker
On the motion, the ayes were 121, nays 34.
The motion prevailed.
HB 862. By Representatives Knight of the 130th, Powell of the 171st, Harrell of the 106th, Hitchens of the 161st and Houston of the 170th:
A BILL to be entitled an Act to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to the homestead exemption for disabled veterans, so as to clarify the definition of disabled veteran; 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 provisions of the Official Code of Georgia Annotated relating to disabled veterans; 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 clarify the definition of disabled veteran; to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to clarify the definition of disabled veteran; 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 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subsection (a) of Code Section 40-2-69, relating to free license plates and revalidation decals for disabled veterans, as follows:
"(a) Any disabled veteran who is a citizen and resident of this state shall, upon application therefor, be issued a free motor vehicle license plate. As used in this Code section, the term 'disabled veteran' means any veteran who was discharged under
4178
JOURNAL OF THE HOUSE
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 shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 485-48."
SECTION 2. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by revising paragraph (1) of subsection (a) of Code Section 48-5-48, relating to the homestead exemption for disabled veterans, as follows:
"(a) As used in this Code section, the term 'disabled veteran' means: (1) Any veteran who is a citizen and a resident of this state who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as having a service related disability that renders such veteran 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 or 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 3. Said chapter is further amended by revising subsection (a) of Code Section 48-5-478, relating to the exemption from ad valorem taxation for motor vehicles owned or leased by a disabled veteran, as follows:
"(a) A motor vehicle owned by or leased to a disabled veteran who is a citizen and resident of this state and on which such disabled veteran actually places the free
THURSDAY, MARCH 24, 2016
4179
disabled veteran motor vehicle license plate he or she receives pursuant to Code Section 40-2-69 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes. 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 being compensated at the 100 percent level due to individual unemployability and is entitled to receive service connected benefits and any veteran who is 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 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 shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 485-48."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Knight of the 130th moved that the House agree to the Senate substitute to HB 862.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
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 Harden Harrell
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Pirkle
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
4180
JOURNAL OF THE HOUSE
Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Lott Y Lumsden Y Mabra
Marin Y Martin
Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Powell, A Y Powell, J Y Price Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice Y Rogers, C
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 166, nays 0.
The motion prevailed.
HB 808. By Representatives Willard of the 51st, Jones of the 47th, Burns of the 159th, Oliver of the 82nd, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to create a new Judicial Qualifications Commission; to provide for the powers, composition, and appointment of such commission; to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to certain proceedings exempted from open meetings requirements, so as to remove any exemptions for meetings of the Judicial Qualifications Commission; to provide effective dates; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to create a new Judicial Qualifications Commission; to provide for the powers, composition, and appointment of such
THURSDAY, MARCH 24, 2016
4181
commission; to provide for a commission member's term and removal; to provide for procedures and confidentiality; to provide for related matters; to provide a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, is amended by adding a new Code section to read as follows:
"15-1-19. (a) Pursuant to Paragraph VI of Section VII of Article VI of the Constitution, there is hereby created the Judicial Qualifications Commission, which shall have the power to discipline, remove, and cause involuntary retirement of judges in accordance with such Paragraph. (b) The Judicial Qualifications Commission shall consist of seven members, each of whom shall serve for a term of three years, subject to confirmation by the Senate, as follows:
(1) Two judges of any court of record, appointed by the Supreme Court; (2) Two members of the State Bar of Georgia, each of whom shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the board of governors of the State Bar of Georgia; (3) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the Speaker of the House of Representatives; (4) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the President of the Senate; and (5) One member of the State Bar of Georgia, who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Governor to serve as chairperson of the commission. (c) The Judicial Qualifications Commission may adopt procedures for its own governance which are not otherwise provided by the Constitution or this Code section. (d) Members of the commission shall be subject to removal from the commission by an affirmative vote of six members of the commission, with the member who is subject to removal being disqualified from any such vote. (e) No person shall serve more than two consecutive terms as a member of the commission. (f) Notwithstanding Chapter 14 of Title 50, unless otherwise waived by the judge involved, all papers filed with and proceedings before the commission, including any investigation that the commission may undertake, shall be confidential, and no person shall disclose information obtained from commission proceedings or papers filed with
4182
JOURNAL OF THE HOUSE
or by the commission, except as provided in this Code section. Such papers shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50. (g) Information submitted to the commission or its staff, and testimony given in any proceeding before the commission, shall be absolutely privileged, and no civil action predicated upon such information or testimony shall be instituted against any complainant, witness, or his or her counsel. (h) If, after an investigation is completed, the commission concludes that a letter of caution is appropriate, it shall issue a letter of caution to the judge in lieu of any further proceeding in the matter. The issuance of a letter of caution shall be confidential in accordance with subsection (f) of this Code section. (i) If, after an investigation is completed, the commission concludes that disciplinary proceedings should be instituted, the notice and statement of charges filed by the commission, along with the answer and all other pleadings, shall remain confidential in accordance with subsection (f) of this Code section. Disciplinary hearings ordered by the commission shall be confidential, and recommendations of the commission to the Supreme Court, along with the record filed in support of such recommendations, shall be confidential in accordance with subsection (f) of this Code section. Testimony and other evidence presented to the commission shall be privileged in any action for defamation. At least four members of the commission shall concur in any recommendation to issue a public reprimand against or to censure, suspend, retire, or remove any judge. A respondent who is recommended for public reprimand, censure, suspension, retirement, or removal shall be entitled to a copy of the proposed record to be filed with the Supreme Court, and if the respondent has objections to it, to have the record settled by the commission's chairperson. The respondent shall also be entitled to present a brief and to argue the respondent's case, in person and through counsel, to the Supreme Court. A majority of the members of the Supreme Court voting shall concur in any order of public reprimand, censure, suspension, retirement, or removal. The Supreme Court may approve the recommendation, remand for further proceedings, or reject the recommendation. A member of the commission who is a judge shall be disqualified from acting in any case in which he or she is a respondent. (j) Upon issuance of a public reprimand, censure, suspension, retirement, or removal by the Supreme Court, the notice and statement of charges filed by the commission along with the answer and all other pleadings, including the recommendation of the commission to the Supreme Court and the record filed in support of such recommendation, shall no longer be confidential."
SECTION 2. This Act shall become effective on July 1, 2017, only if an amendment to the Constitution abolishing the existing Judicial Qualifications Commission and requiring the General Assembly to create and provide by general law for the composition and manner of appointment of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges, is ratified by the voters at the November, 2016, state-wide general election. If such an amendment is
THURSDAY, MARCH 24, 2016
4183
not so ratified, then this Act shall not become effective and shall stand repealed on January 1, 2017.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Willard of the 51st offers the following amendment:
Amend the Senate substitute to HB 808 (HB808/SCSFA/1) by replacing lines 1 through 85 with the following: To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to create a new Judicial Qualifications Commission; to provide for the powers, composition, and appointment of such commission; to provide for a commission member's term and removal; to provide for procedures and confidentiality; to provide for related matters; to provide a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, is amended by adding a new Code section to read as follows:
"15-1-19. (a) Pursuant to Paragraph VI of Section VII of Article VI of the Constitution, there is hereby created the Judicial Qualifications Commission, which shall have the power to discipline, remove, and cause involuntary retirement of judges in accordance with such Paragraph. (b) The Judicial Qualifications Commission shall consist of seven members who shall be subject to confirmation by the Senate. (c) From January 1, 2017, until June 30, 2017, the members of the commission shall be as follows:
(1) Two judges of any court of record, appointed by the Supreme Court; (2) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the President of the Senate from a list of at least ten nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (3) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered
4184
JOURNAL OF THE HOUSE
voter of this state, appointed by the Speaker of the House of Representatives from a list of at least ten nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (4) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the Speaker of the House of Representatives; (5) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the President of the Senate; and (6) One member of the State Bar of Georgia, who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Governor to serve as chairperson of the commission. (d) From July 1, 2017, through December 31, 2020, the members of the commission shall be as follows: (1) Two judges of any court of record, appointed by the Supreme Court; (2) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the President of the Senate from a list of at least ten nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (3) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Speaker of the House of Representatives from a list of at least ten nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (4) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the Speaker of the House of Representatives; (5) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the President of the Senate; and (6) One member of the State Bar of Georgia, who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Governor to serve as chairperson of the commission. (e) On and after January 1, 2021, the members of the commission shall serve for a term of three years and until their successors are appointed and shall be as follows: (1) Two judges of any court of record, appointed by the Supreme Court; (2) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the President of the Senate from a list of at least ten
THURSDAY, MARCH 24, 2016
4185
nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (3) One member of the State Bar of Georgia who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Speaker of the House of Representatives from a list of at least ten nominees from the board of governors of the State Bar of Georgia; provided, however, that if a nominee is not selected from such list, the board of governors shall submit another slate of ten nominees; (4) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the Speaker of the House of Representatives; (5) One citizen member, who shall be a registered voter of this state but shall not be a member of the State Bar of Georgia, appointed by the President of the Senate; and (6) One member of the State Bar of Georgia, who shall have been an active status member of the State Bar of Georgia for at least ten years and shall be a registered voter of this state, appointed by the Governor to serve as chairperson of the commission. (f) Any list of nominees required by this Code section shall be submitted to the Senate no later than the third Monday in January. Any member appointed to the commission shall serve until the Senate confirms such nominee and if an individual's name is not submitted by such deadline, he or she shall not be eligible for appointment. (g) The Judicial Qualifications Commission may adopt procedures for its own governance which are not otherwise provided by the Constitution or this Code section; provided, however, that such procedures shall not allow an individual member to initiate an investigation without presenting such proposal to the other members of the commission at a commission meeting. (h) Members of the commission shall be subject to removal from the commission by an affirmative vote of six members of the commission, with the member who is subject to removal being disqualified from any such vote. (i) No person shall serve more than two consecutive terms as a member of the commission; provided, however, that any person appointed pursuant to subsection (c) of this Code section may serve for three consecutive terms as a member of the commission. (j) Notwithstanding Chapter 14 of Title 50, unless otherwise waived by the judge involved, all papers filed with and proceedings before the commission, including any investigation that the commission may undertake, shall be confidential, and no person shall disclose information obtained from commission proceedings or papers filed with or by the commission, except as provided in this Code section. Such papers shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50. (k) Information submitted to the commission or its staff, and testimony given in any proceeding before the commission, shall be absolutely privileged, and no civil action
4186
JOURNAL OF THE HOUSE
predicated upon such information or testimony shall be instituted against any complainant, witness, or his or her counsel. (l) If, after an investigation is completed, the commission concludes that a letter of caution is appropriate, it shall issue a letter of caution to the judge in lieu of any further proceeding in the matter. The issuance of a letter of caution shall be confidential in accordance with subsection (j) of this Code section. (m) If, after an investigation is completed, the commission concludes that disciplinary proceedings should be instituted, the notice and statement of charges filed by the commission, along with the answer and all other pleadings, shall remain confidential in accordance with subsection (j) of this Code section. Disciplinary hearings ordered by the commission shall be confidential, and recommendations of the commission to the Supreme Court, along with the record filed in support of such recommendations, shall be confidential in accordance with subsection (j) of this Code section. Testimony and other evidence presented to the commission shall be privileged in any action for defamation. At least four members of the commission shall concur in any recommendation to issue a public reprimand against or to censure, suspend, retire, or remove any judge. A respondent who is recommended for public reprimand, censure, suspension, retirement, or removal shall be entitled to a copy of the proposed record to be filed with the Supreme Court, and if the respondent has objections to it, to have the record settled by the commission's chairperson. The respondent shall also be entitled to present a brief and to argue the respondent's case, in person and through counsel, to the Supreme Court. A majority of the members of the Supreme Court voting shall concur in any order of public reprimand, censure, suspension, retirement, or removal. The Supreme Court may approve the recommendation, remand for further proceedings, or reject the recommendation. A member of the commission who is a judge shall be disqualified from acting in any case in which he or she is a respondent. (n) Upon issuance of a public reprimand, censure, suspension, retirement, or removal by the Supreme Court, the notice and statement of charges filed by the commission along with the answer and all other pleadings, including the recommendation of the commission to the Supreme Court and the record filed in support of such recommendation, shall no longer be confidential. (o) The findings and records of the commission during an open meeting shall not be exempt from disclosure under Article 4 of Chapter 18 of Title 50."
SECTION 2. This Act shall become effective on January 1, 2017, only if an amendment to the Constitution abolishing the existing Judicial Qualifications Commission and requiring the General Assembly to create and provide by general law for the composition and manner of appointment of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges, and providing for exceptions to certain disclosures is ratified by the voters at the November, 2016, state-wide general election. If such an amendment is not so ratified, then this Act shall not become effective and shall stand repealed on January 1, 2017.
THURSDAY, MARCH 24, 2016
4187
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Willard of the 51st moved that the House agree to the Senate substitute, as amended by the House, to HB 808.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison
Atwood Y Ballinger N Barr
Battles Beasley-Teague Y Belton Y Bennett, K N Bennett, T Y Bentley N Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cannon Y Cantrell Y Carson Y Carter, A N Carter, D 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 Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar N Douglas E Drenner Y Dudgeon
Dukes N Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming E Floyd N Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower
Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell N Mayo
McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Pirkle
Powell, A Y Powell, J Y Price Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes E Rice Y Rogers, C Y Rogers, T N Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre 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 N Teasley Y Thomas, A.M. Y Thomas, E N Trammell N Turner Y Waites Y Watson Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard Y Williams, A N Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker
On the motion, the ayes were 127, nays 32.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
4188
JOURNAL OF THE HOUSE
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
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.
SB 302. By Senators Martin of the 9th, Burke of the 11th, Unterman of the 45th, Watson of the 1st and Parent of the 42nd:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require health carriers to maintain accurate provider directories; to provide for definitions; to provide for electronic and printed provider directories; to require certain information in provider directories; to grant enforcement authority to the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 320. By Senators Watson of the 1st, Harper of the 7th, Beach of the 21st, Ginn of the 47th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to revise the exemptions afforded to nonresidents who have in their immediate possession a valid driver's license issued to them in their home state or country; to provide for certain presumptions of validity of a driver's license issued by the driver's licensing authority of a foreign county; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 332. By Senators Kennedy of the 18th, VanNess of the 43rd, Dugan of the 30th, Cowsert of the 46th, Walker III of the 20th and others:
THURSDAY, MARCH 24, 2016
4189
A BILL to be entitled an Act to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 1611-126 through 16-11-127.2, so as to clarify the judges and Justices who are exempt from various weapons carry laws and prohibitions; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the issuance of personal identification cards to certain judges and Justices of the federal and state judiciary who are exempt from various weapons carry laws and prohibitions; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 420. By Senators Tippins of the 37th, Hill of the 32nd, Unterman of the 45th, Jones of the 25th and Thompson of the 14th:
A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require referendum approval prior to the expenditure of public funds for the establishment of a fixed guideway transit; to provide for definitions; to provide for submission of the question to qualified voters; to provide for ballot language; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 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:
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.
4190
JOURNAL OF THE HOUSE
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 727. By Representatives Battles of the 15th, Turner of the 21st, Parsons of the 44th, LaRiccia of the 169th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the O.C.G.A., relating to regulation of fireworks, so as to revise provisions relating to the sale, use, or explosion thereof; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding local government provisions applicable to counties and municipal corporations, so as to provide for certain further regulations by counties, municipal corporations, and consolidated governments; to amend Article 7 of Chapter 13 of Title 48 of the O.C.G.A., relating to taxation of consumer fireworks, so as to provide for local excise taxation of consumer fireworks and the collection of such excise tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 727
The Committee of Conference on HB 727 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 727 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tyler Harper Senator, 7th District
/s/ Rep. Paul Battles Representative, 15th District
/s/ Ben Watson Senator, 1st District
/s/ Howard Maxwell Representative, 17th District
/s/ Jeff Mullis Senator, 53rd District
/s/ Scot Turner Representative, 21st District
A BILL TO BE ENTITLED AN ACT
THURSDAY, MARCH 24, 2016
4191
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to revise requirements for the issuance of certificates of compliance for fire departments; to revise and to provide for definitions; to expand the functions and powers of the Georgia Firefighter Standards and Training Council; to revise qualifications for firefighters; to revise the standard of compliance from explosion to ignition; to provide for definitions; to provide that certain sparkling items are consumer fireworks; to revise provisions relating to the sale, use, or ignition of consumer fireworks; to revise the days, times, locations, situations, and circumstances in which consumer fireworks can be lawfully used or ignited; to revise places within this state where the use or ignition of consumer fireworks is prohibited; to create the criminal offense of using or igniting or causing to be ignited consumer fireworks while under the influence; to provide for criminal penalties; to revise the licensing standards and procedures which shall be applied by the Safety Fire Commissioner and the governing authorities of counties and municipal corporations toward distributors; to revise licensing fees and requirements; to expand enforcement and regulatory mechanisms of the Safety Fire Commissioner regarding fireworks and consumer fireworks; to provide for the forfeiture of fireworks and consumer fireworks contraband; to provide for criminal penalties; to provide for civil enforcement; 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 provide for further regulations by municipal corporations; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by revising Code section 25-3-22, relating to notification that organization meets requirements and issuance of certificate of compliance, as follows:
"25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify and submit all required documentation to the executive director that demonstrates that the organization meets the minimum requirements specified in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council to function as a fire department. If the council executive director is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council, he or she shall recommend to the Georgia Firefighter Standards and Training Council that a certificate of compliance be issued by the council to the fire department. If the council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2."
4192
JOURNAL OF THE HOUSE
SECTION 2. Said title is further amended by in Code section 25-4-2, relating to definitions, by revising paragraph (6) and adding a new paragraph as follows:
"(6) 'Firefighter' means a recruit or a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighter's assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability." "(8.1) 'Recruit' means a prospective firefighter who has not yet been certified or registered by the council as having met the requirements of Code Section 25-4-8 and the rules and regulations to be a firefighter as provided for by the council."
SECTION 3. Said title is further amended by in Code section 25-4-7, relating to the functions and powers of the Georgia Firefighter Standards and Training Council, by revising paragraphs (4) and (9) as follows:
"(4) To establish uniform minimum standards for the employment and training of full-time, part-time, or volunteer firefighters, airport firefighters, fire and life safety educators, fire inspectors, and fire investigators, and other such firefighting service professionals as determined by the council including qualifications, certifications, recertifications, decertifications, and probations for certified individuals and suspensions for noncertified individuals, and requirements, which are consistent with this chapter;" "(9) To establish basic firefighter training requirements for full-time, part-time, contract, and volunteer firefighters, including airport firefighters;"
SECTION 4. Said title is further amended in Code section 25-4-8, relating to qualifications of firefighters generally, by revising subsection (a) as follows:
"(a) Except as provided in Code Section 25-4-12, any person employed employee, volunteer, or private contractor of a fire department operating in this state or certified as a firefighter shall, as prescribed by the council:
(1) Be at least 18 years of age; (2) Not have been convicted of, or pleaded guilty to, a felony in any jurisdiction or of a crime which if committed in this state would constitute a felony under the laws of
THURSDAY, MARCH 24, 2016
4193
this state within ten years prior to employment, provided that a person who has been convicted of a felony more than five but less than ten years prior to employment may be certified and employed as a firefighter when the person has:
(A) Successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Corrections; (B) Been recommended to a fire department by the proper authorities at the institution at which the training program was undertaken; and (C) Met all other requirements as set forth in this chapter. The council shall be the final authority with respect to authorizing the employment, appointment, and certification of a person who has been convicted of a felony more than five but less than ten years prior to seeking employment when the person is seeking employment as a firefighter for any municipal, county, or state fire department which employs three or more firefighters who work a minimum of 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state codes, as well as enforcing any law pertaining to the prevention and control of fires; (3) Have a good moral character as determined by investigation under procedure approved by the council; (4) Be fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record; (5) Be in good physical condition as determined by a medical examination and successfully pass the minimum physical agility requirements as established by the council; and (6) Possess or achieve within 12 months after employment a high school diploma or a general education development equivalency."
SECTION 5. Said title is further 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, and additionally shall mean Roman candles. (2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for by NFPA 1124; provided, however, that such term shall not include a tent, canopy, or membrane structure.
4194
JOURNAL OF THE HOUSE
(3) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for by NFPA 1124. (4) 'Distributor' means any person, firm, corporation, association, or partnership which sells consumer fireworks. (4.1) 'Electric plant' shall have the same meaning as provided for in Code Section 463A-1. (5) '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, firecrackers, torpedos, skyrockets, 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. (6) '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. (7) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, any entity incorporated under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponsored organization of a public or private elementary or secondary school in this state. (8) '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. (9) 'Pyrotechnics' means fireworks. (10) 'Retail chain' means a person, firm, corporation, association, or partnership with more than one store, where all such stores are collectively known to the public by the same name or share central management. (11)(10) 'Store' shall have the same meaning as provided for by NFPA 1124; provided, however, that such term shall only include such buildings with at least 4,000 square feet of retail display space and wherefrom:
(A) No more than 25 percent of such retail display space is used for consumer fireworks and items or products as provided for under paragraph (2) of subsection (b) of this Code section; and (B) Other items or products which are not consumer fireworks or items or products as provided for under paragraph (2) of subsection (b) of this Code section are sold; and provided, further, that such term means a person, firm, corporation, association, or partnership with more than one mercantile location, where all such mercantile locations are collectively known to the public by the same name or share central management. (11) 'Waste-water treatment plant' shall have the same meaning as provided for in Code Section 43-51-2. (12) 'Water treatment plant' shall have the same meaning as provided for in Code Section 43-51-2.
THURSDAY, MARCH 24, 2016
4195
(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 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 6. Said title 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 ignite or cause to be exploded ignited, 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 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 identification card authorized under Code Sections 40-5-100 through 40-5-104.
(3)(A) It shall be unlawful to use fireworks, consumer fireworks, or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors or within the right of way of a public road, street, highway, or railroad of this state. (B) Except as provided for in subparagraph (D) or (E) of this paragraph and subject to paragraph (4) of this subsection and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or explode ignite or cause to be exploded ignited any consumer fireworks on:
4196
JOURNAL OF THE HOUSE
(i) On any day between beginning at the hours time of 10:00 A.M. and 12:00 Midnight only; provided, however, that it shall be lawful for any person, firm, corporation, association, or partnership to use or explode or cause to be exploded any consumer fireworks on January 1, July 3, July 4, and December 31 of each year between the hours of 12:00 Midnight and 2:00 A.M. up to and including the ending time of 9:00 P.M.; (ii) On any day after the time of 9:00 P.M. and up to and including the time of 11:59 P.M. if such use or ignition is lawful pursuant to any noise ordinance of the county or municipal corporation of the location in which such use or ignition occurs, except as otherwise provided for under this subparagraph; provided, however, that a county or municipal corporation may additionally require the issuance of a special use permit pursuant to subparagraph (D) of this paragraph for use or ignition; (iii) On January 1, July 3, July 4, and December 31 of each year after the time of 9:00 P.M. and up to and including the time of 11:59 P.M.; and (iv) On January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M. (C) Subject to subparagraph (D) of this paragraph, paragraph (4) of this subsection, and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or explode ignite or cause to be exploded ignited any consumer fireworks anywhere in this state except: (i) As provided for under subparagraph (A) of this paragraph; (ii) In any location where such person, firm, corporation, association, or partnership is not lawfully present or is not otherwise lawfully permitted to use or explode ignite or cause to be exploded ignited any consumer fireworks; or (iii) Within 100 yards of a nuclear power facility or an electric plant; water treatment plant; waste-water treatment plant; a facility engaged in the retail sale of gasoline or other flammable or combustible liquids or gases where the volume stored is in excess of 500 gallons for the purpose of retail sale; a facility engaged in the production, refining, processing, or blending of gasoline any flammable or combustible liquids or gases for such retail purposes; any public or private electric substation; or a jail or prison; (iv) Within 100 yards of the boundaries of any public use air facility provided for under Title 6 or any public use landing area or platform marked and designed for landing use by helicopters; (v) Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of a governing authority of a county or municipal corporation, except pursuant to a special use permit as provided for in subparagraph (D) of this paragraph; (vi) Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of the State of Georgia, except pursuant to any rules and regulations of the agency or department
THURSDAY, MARCH 24, 2016
4197
having control of such property which may allow for such use or ignition of consumer fireworks; (vii) Within 100 yards of a hospital, nursing home, or other health care facility regulated under Chapter 7 of Title 31; provided, however, that an owner or operator of such facility may use or ignite or cause to be ignited consumer fireworks on the property of such facility or may grant written permission to any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited consumer fireworks on the property of such facility; or (viii) While under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is less safe or unlawful for such person to ignite consumer fireworks as provided for in Code Section 25-10-2.1. (D) Any person, firm, corporation, association, or partnership may use or explode ignite or cause to be exploded ignited any consumer fireworks on any day at a time not as provided for under subparagraph (B) of this paragraph divisions (3)(B)(ii) and (3)(C)(v) of this subsection if such person, firm, corporation, association, or partnership is issued a special use permit pursuant to the law of a governing authority of a county or municipal corporation for the use or explosion ignition of consumer fireworks in a location within such county or municipality at a time not as provided for under subparagraph (B) of this paragraph divisions (3)(B)(ii) and (3)(C)(v) of this subsection, provided that such special use permit is required for such use or ignition. Such special use permit shall designate the time or times and location that such person, firm, corporation, association, or partnership may use or explode ignite or cause to be exploded ignited such consumer fireworks. A fee assessed by a county or municipal corporation for the issuance of a special use permit pursuant to this subparagraph shall not exceed $100.00. No governing authority or official of a county, municipality, or other political subdivision shall bear liability for any decisions made pursuant to this Code section. (E) Whenever the Governor issues a declaration of drought, the Governor may, for the boundaries of the area covered by such declaration, enact further regulations and restrictions concerning the use of consumer fireworks than provided for under this chapter; provided, however, that no such further regulations or restrictions on the use of consumer fireworks shall be effective pursuant to this subparagraph on January 1, July 3, July 4, or December 31 of any year; provided, further, that such further regulations or restrictions shall only apply to the exact boundaries of the area covered by such declaration and shall only apply with regard to the ignition of consumer fireworks; and provided, further, that upon expiration or conclusion of such declaration, such further regulations or restrictions shall be rescinded by law. (4)(A) It shall be lawful for any person 18 years of age or older to use or explode ignite or cause to be exploded ignited or to possess, manufacture, transport, or store consumer fireworks. (B) To the extent otherwise permitted by law, it shall be lawful for any person who is 16 or 17 years of age to possess or transport consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection (c) of
4198
JOURNAL OF THE HOUSE
Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1 and is not transporting such consumer fireworks on a highway which constitutes a part of The Dwight D. Eisenhower System of Interstate and Defense Highways. (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 pursuant to the requirements of this chapter. (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 distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1. (6)(A) It shall be lawful to sell consumer fireworks from a permanent consumer fireworks retail sales facility or store only if such permanent consumer fireworks retail sales facility or store is:
(i) In compliance with the requirements for such a permanent consumer fireworks retail sales facility or store in the selling of consumer fireworks as provided for in NFPA 1124; and (ii) Selling consumer fireworks of a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1. (B) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks retail sales stand only if such temporary consumer fireworks retail sales stand is: (i) In compliance with the requirements for such a temporary consumer fireworks retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124; (ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political subdivision or a fire department connection of a building affiliated with such consumer fireworks retail sales stand, unless the chief administrative officer of the fire department of a county, municipality, or other political subdivision or chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority over such location of the temporary consumer fireworks retail sales stand provides in writing that such temporary consumer fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant or fire department connection; and (iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1. No A distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 shall at any one time operate more than two temporary consumer fireworks retail sales stands for each license issued to such distributor under subsection (b) or (d) of Code Section 25-10-5.1, except that a distributor which is a retail chain and which is licensed pursuant to subsection (d) of Code Section 25-10-5.1 shall not at any one time operate more than two temporary consumer fireworks retail sales stands for
THURSDAY, MARCH 24, 2016
4199
each store of such retail chain. Such temporary consumer fireworks retail sales stands shall be located within the same county as the location of such permanent consumer fireworks retail sales facility or store provided for under subsection (b) or (d) of Code Section 25-10-5.1; provided, however, that if a county does not have a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1 offering consumer fireworks for sale from a permanent consumer fireworks retail sales facility or store within its boundaries, then a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1 offering consumer fireworks for sale from a permanent consumer fireworks retail sales facility or store within 75 miles of the perimeter of the boundaries of such county may locate one of the two temporary consumer fireworks retail sales stands in the unserved county may operate no more than two temporary consumer fireworks retail sales stands in this state per location licensed pursuant to subsection (b) or (d) of Code Section 25-105.1; provided, however, that such distributor has been operating and open to the public pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior to July 4 or December 31 in the year of an application for a license under subsection (c) of Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31. (C) It shall be unlawful to sell consumer fireworks from any motor vehicle, or from a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure."
SECTION 7. Said title is further amended by adding a new Code section to read as follows:
"25-10-2.1. (a) It shall be unlawful for any person to ignite consumer fireworks or fireworks while:
(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for such person to ignite consumer fireworks or fireworks; or (2) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in such person's blood or urine, or both, including the metabolites and derivatives of each or both, without regard to whether or not any alcohol is present in such person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of igniting consumer fireworks or fireworks safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor."
4200
JOURNAL OF THE HOUSE
SECTION 8. Said title is further amended by revising subsection (a) of Code Section 25-10-3.2, relating to license required for pyrotechnics exhibits, as follows:
"(a) No person, firm, corporation, association, or partnership shall cause the combustion, explosion, deflagration, or detonation, or ignition of pyrotechnics for the purpose of a public exhibition or display before a proximate audience unless such person, firm, corporation, association, or partnership holds a valid license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire Commissioner."
SECTION 9. Said title is further amended by revising Code Section 25-10-5.1, relating to requirements for issuance of license to distribute consumer fireworks, as follows:
"25-10-5.1. (a)(1) A license pursuant to this Code section shall only be issued to a distributor that: (A) Complies with all the requirements of this chapter; and (B) 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 selling consumer fireworks. (2) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an application executed pursuant to this Code section shall be guilty of a violation of Code Section 16-10-20. (3) Applications to the Safety Fire Commissioner pursuant to this Code section shall be upon forms prescribed and promulgated by the Safety Fire Commissioner. (4) Any person, firm, corporation, association, or partnership seeking a license pursuant to subsection (b) or (d) of this Code section shall have property from which the applicant intends to sell consumer fireworks under such person's, firm's, corporation's, association's, or partnership's ownership or legal control through a lease, rental agreement, licensing agreement, or other contractual instrument at the time of filing the application for such license, and such property shall be in a condition ready for inspection. (b)(1) The initial license fee for a distributor selling consumer fireworks from a permanent consumer fireworks retail sales facility shall be $5,000.00 $1,500.00 per location, payable to the Safety Fire Commissioner; provided, however, that the initial license fee shall be $5,000.00 for a distributor that is not licensed pursuant to this subsection prior to July 1, 2016. Upon a finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section and upon payment of such license fee, such initial license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such initial license shall expire on January 31 of the year after such initial license was issued or as otherwise provided for under this
THURSDAY, MARCH 24, 2016
4201
subsection. After such initial license, such distributor may annually renew such initial license, which shall then become an annual license, for $1,000.00 per year, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section and upon payment of such license fee, such annual license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such annual license shall expire on January 31 of each year or as otherwise provided for under this subsection; provided, however, that a distributor shall not apply for an annual license earlier than 30 days prior to the expiration of an initial license or renewal of an annual license by December 1 in the year preceding the expiration date of such initial or annual license; and provided, further, that if an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year. (2) The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 15 30 days of the submission of an application for any such initial or annual license; provided, however, that if a license will expire prior to the expiration of such 30 days and no such determination has been made by the Safety Fire Commissioner, then the expiration date for such license shall be extended until the date of such determination by the Safety Fire Commissioner but for no more than 30 days. Such application shall be in writing and, if the Safety Fire Commissioner provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by the Safety Fire Commissioner. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the permanent consumer fireworks retail sales facility. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (c)(1) The license fee for a distributor selling consumer fireworks from a temporary consumer fireworks retail sales stand shall be $500.00 per location, payable to the governing authority of the county, municipality, or other political subdivision of this state in whose boundaries such temporary consumer fireworks retail sales stand shall be located or is proposed to be located. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section, has a license pursuant to subsection (b) or (d) of this Code section for a location applicable to the location of such temporary consumer fireworks retail sales stand as provided for in subparagraph (b)(6)(B) of Code Section 25-10-2, has no more than the allowable temporary consumer fireworks retail sales stands pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2, that the sales of consumer fireworks from such temporary consumer fireworks retail sales stand shall accrue to the benefit of a nonprofit group, and upon payment of such license fee, such license shall be issued by the fire
4202
JOURNAL OF THE HOUSE
department of the county, municipality, or other political subdivision or the chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority of the area in which such temporary consumer fireworks retail sales stand shall be located or is proposed to be located; provided, however, that no such license shall be issued prior to January 1, 2016. Such license shall identify the temporary consumer fireworks retail sales stand applicable to such license and shall expire 90 days on the next January 31 after the issuance of such license. (2) A determination by a fire department as provided for under paragraph (1) of this subsection of whether a distributor has met requirements for the issuance of a license pursuant to this subsection shall be made within 15 30 days of the submission of an application for any such license. Such application shall be in writing and, if such fire department provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by such fire department. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by such fire department, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the temporary consumer fireworks retail sales stand. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (3) For at least one of the temporary consumer fireworks retail sales stands provided for under subparagraph (b)(6)(B) of Code Section 25-10-2, a A nonprofit group benefiting from the sale of consumer fireworks pursuant to this Code section from such temporary consumer fireworks retail sales stand shall directly participate in operating the such temporary consumer fireworks retail sales stand. It shall be unlawful for a nonprofit group or any agent or bona fide representative of a nonprofit group to knowingly lend the name of the nonprofit group or allow the identity of the nonprofit group to be used for the license under this subsection if such nonprofit group is not directly participating in operating, or benefiting from the operation of, such temporary consumer fireworks retail sales stand. (4) The governing authority of a county, municipality, or other political subdivision receiving fees pursuant to this Code section shall expend such fees for public safety purposes. (5) A distributor licensed pursuant to this subsection shall submit a list of the names and addresses, including the counties, of each temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale pursuant to this Code section to the Safety Fire Commissioner. Such list shall be submitted by January 31 of each year and such distributor shall amend such list, or file an initial list if such distributor first becomes licensed after January 31 of a particular year, within 45 days of not less than 30 days prior to first having a temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale and not less than 30 days prior to having such distributor's consumer fireworks offered for sale at a location not previously included on such list. The Safety Fire
THURSDAY, MARCH 24, 2016
4203
Commissioner shall make such list publicly available for inspection. In making determinations as provided for under this subsection, fire departments shall reference the list provided for by this paragraph. (6) A revocation or suspension of a license provided for under subsection (b) or (d) of this Code section shall operate as a revocation or suspension of a distributor's license under this subsection for the term of such revocation or suspension. (d)(1) The initial license fee for a distributor selling consumer fireworks from a store shall be $5,000.00 $1,500.00 in addition to $250.00 per store location, payable to the Safety Fire Commissioner, provided that, if a store is a retail chain, one payment of $5,000.00 shall satisfy such license fee for each store of the retail chain. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section, such initial license shall be issued by the Safety Fire Commissioner and, if issued to a store which is a retail chain, shall be a license for each current or future store of the retail chain; provided, however, that such distributor has been operating and open to the public no less than 30 days prior to July 4 or December 31 in the year of an application for an initial license that is filed within 30 days of July 4 or December 31; and provided, further, that a distributor holding an initial license may add additional store locations to such license prior to the expiration of such license upon payment of $250.00 per added store location. Such initial license shall expire on January 31 of the year after such initial license was issued or as otherwise provided for under this subsection. After such initial license, such distributor may annually renew such initial license, which shall then become an annual license, for $1,000.00 in addition to $100.00 per year store location, payable to the Safety Fire Commissioner, provided that, if a store is a retail chain, one payment of $1,000.00 shall satisfy such license fee for each store of the retail chain; provided, however, that a distributor holding an annual license may add additional store locations to such license prior to the expiration of such license upon payment of $250.00 per added store location. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section, such annual license shall be issued by the Safety Fire Commissioner and, if issued to a store which is a retail chain, shall be a license for each current or future store of the retail chain. Such annual license shall expire on January 31 of each year or as otherwise provided for under this subsection; provided, however, that a distributor shall not apply for an annual license earlier than 30 days prior to the expiration of an initial license or renewal of an annual license by December 1 in the year preceding the expiration date of such initial or annual license; and provided, further, that if an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year. (2) An application submitted under this subsection shall identify each store location to which an initial or annual license is applicable; there shall not be a requirement for a separate application for each of the several store locations. The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 15 30 days of
4204
JOURNAL OF THE HOUSE
the submission of an application for any such initial or annual license; provided, however, that if a license will expire prior to the expiration of such 30 days and no such determination has been made by the Safety Fire Commissioner, then the expiration date for such license shall be extended until the date of such determination by the Safety Fire Commissioner but for no more than 30 days. Such application shall be in writing and, if the Safety Fire Commissioner provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by the Safety Fire Commissioner. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the store from which consumer fireworks will be sold. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection."
SECTION 10. Said title is further amended by revising Code Section 25-10-6, relating to fireworks manufactured, sold, or stored in violation of chapter declared contraband and seizure and disposition thereof, as follows:
"25-10-6. (a) The state fire marshal shall enforce the provisions of this chapter; provided, however, that, in addition, any law enforcement officer or agency of this state or political subdivision thereof may enforce provisions relating to using or igniting or causing to be ignited consumer fireworks. Applicable fire departments of a county, municipality, or other political subdivision or a chartered fire department shall refer cases for enforcement under subsection (c) of Code Section 25-10-5.1 to the state fire marshal. All fireworks or consumer 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 removed and destroyed or disposed of at the expense of the owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local police official. (b) Any property declared as contraband pursuant to this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 11. Said title is further amended by revising Code Section 25-10-9, relating to penalties for illegal sale of fireworks, as follows:
"25-10-9. Notwithstanding any provision of this chapter to the contrary, the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly violates this chapter may be punished by a fine not to exceed to a monetary penalty of up to $2,500.00 for each and every act in violation of this chapter; provided, however, that the Safety Fire Commissioner shall
THURSDAY, MARCH 24, 2016
4205
have the authority to subject any person, firm, corporation, association, or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane structure to a monetary penalty of up to $5,000.00 and, if any such person, firm, corporation, association, or partnership is a distributor, then a license revocation for not more than two years. Each sales transaction in violation of this chapter shall be a separate offense."
SECTION 12. Said title is further amended by adding new Code sections to read as follows:
"25-10-11. (a) Whenever the Safety Fire Commissioner shall have reason to believe that any person is or has been violating any provisions of this chapter, the Safety Fire Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the person an order to cease and desist such violation. An order issued under this Code section shall be delivered in accordance with the provisions of subsection (c) of this Code section. (b) Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all licenses issued by the Safety Fire Commissioner for a period of not less than six months and not to exceed five years. If a new license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new license held by such person. In the case of an applicant for a license, violation of any provision of this title or regulations promulgated thereunder may constitute grounds for refusal of the application. Decisions under this subsection may be appealed as provided by law. (c) Any order issued by the Safety Fire Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which shall provide that a hearing will be held if and only if a person subject to the order requests a hearing in writing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Safety Fire Commissioner or his or her agent or by registered or certified mail or statutory overnight delivery, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law. (d) In addition to other powers granted to the Safety Fire Commissioner under this chapter, the Safety Fire Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Safety Fire Commissioner under this chapter.
25-10-12. (a) In addition to the grounds set forth in Code Section 25-10-11, it is cause for revocation or suspension, refusal, or nonrenewal by the Safety Fire Commissioner of any license issued under this chapter if it is determined that the licensee or applicant has:
4206
JOURNAL OF THE HOUSE
(1) Failed to comply with all the requirements of this chapter or the rules and regulations promulgated pursuant thereto; (2) Failed to maintain the minimum insurance coverage as set forth in this chapter; (3) Made a material misstatement or misrepresentation or committed a fraud in obtaining or attempting to obtain a license; or (4) Failed to notify the Safety Fire Commissioner, in writing, with 30 days after a change of residence, principal business address, or name. (b) In addition to other grounds set forth in this Code section, the Safety Fire Commissioner shall not issue a new license under this chapter if the Safety Fire Commissioner finds that the circumstance or circumstances for which the license was previously suspended or revoked still exist or are likely to recur."
SECTION 13. 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 subsections (a), (b), (d), and (e) of Code Section 36-60-24, relating to sale or use or explosion of consumer fireworks products, as follows:
"(a) The governing authority of a county or municipal corporation shall not prohibit the sale or use or explosion ignition of consumer fireworks or other products or services which are lawful under subsection (b) of Code Section 25-10-1 Chapter 10 of Title 25, unless such prohibition is expressly authorized by general law. (b) If the sale of a product or service is regulated by Chapter 10 of Title 25, the governing authority of a county or municipal corporation shall not enact additional regulation of the sale or use or explosion ignition of such product or service, unless such additional regulation is expressly authorized by general law." "(d) Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county or municipal corporation may further regulate the sale of consumer fireworks from temporary consumer fireworks retail sales stands until January 31, 2018. (e) The governing authority of a county or municipal corporation shall not unreasonably delay or deny an application for a temporary consumer fireworks retail sales stand."
SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.
Representative Battles of the 15th moved that the House adopt the report of the Committee of Conference on HB 727.
On the motion, the roll call was ordered and the vote was as follows:
THURSDAY, MARCH 24, 2016
4207
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick N Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
N Cooke Y Coomer
Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner N Dudgeon Y Dukes N Dunahoo
Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon N Gravley Y Greene
Y Harden Y Harrell Y Hatchett Y Hawkins
Henson N Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson 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 N Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons
Peake Y Petrea N Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes E Rice N 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
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 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 motion, the ayes were 148, nays 17.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:
SB 304. By Senators Parent of the 42nd and Jones II of the 22nd:
A BILL to be entitled an Act to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System,
4208
JOURNAL OF THE HOUSE
so as to allow for the preservation of a person's involuntary hospitalization information received by the Georgia Crime Information Center; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend the House substitute to SB 304 (LC 29 7133S) by deleting lines 1 through 52 and inserting in lieu thereof the following: 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 definitions; to provide for procedure; to provide for reporting; 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 "Compassionate Care for Victims of Sexual Assault Act."
SECTION 2. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, is amended by revising Code Section 35-1-2, which was previously reserved, as follows:
"35-1-2. (a) As used in this Code section, the term:
(1) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (2) 'Medical examination' means an examination pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2. (b) When a forensic medical examination is performed, evidence is collected, and the alleged victim has requested that law enforcement officials be notified, the individual performing such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence and provide a summary of all rights guaranteed to the alleged victim pursuant to the Crime Victims' Bill of Rights established pursuant to Code Section 17-17-1, et seq., as provided by the Criminal Justice Coordinating Council. At the time of the examination, no alleged victim shall be required to assign or waive any rights afforded to them in the Crime Victims' Bill of Rights or that might prevent the alleged victim from seeking relief from the Crime Victims Compensation Board. Law enforcement officials shall take possession of such evidence no later than 96 hours of being notified.
THURSDAY, MARCH 24, 2016
4209
(c) It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in subsection (b) of this Code section to ensure that such evidence is submitted to the division within 30 days of it being collected, in accordance with the procedures established by the division. (d) When a forensic medical examination was performed before July 1, 2016, evidence was collected, and the alleged victim requested that law enforcement officials be notified, the individual who performed such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence on or before July 15, 2016, and law enforcement officials shall take possession of such evidence on or before July 31, 2016. It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in this Code section to ensure that such evidence is submitted to the division by August 31, 2016, in accordance with the procedures established by the division. (e) It shall be the duty of every law enforcement agency to create a list of evidence resulting from a forensic medical examination that is in such agency's possession on August 1, 2016, identifying such evidence as needing to be tested and submitting such listing of information to the division by August 15, 2016. (f) A failure to comply with the provisions of this Code section shall not affect the admissibility of evidence collected from a forensic medical examination. (g) Beginning December 1, 2016, the division shall issue an annual report detailing the number of cases for which it has tested evidence pursuant to this Code section and the number of cases that are awaiting testing. Such report shall be provided to the executive counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant Governor, the members of the House Committee on Judiciary, Non-civil, the members of the Senate Judiciary, Non-civil Committee, the House Committee on Health and Human Services, and the Senate Health and Human Services Committee and posted online at the Georgia Bureau of Investigation's website. Reserved."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Holcomb of the 81st moved that the House agree to the Senate amendment to the House substitute to SB 304.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish
Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson
4210
JOURNAL OF THE HOUSE
Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A
Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Houston Y Howard Y Hugley Y Jackson 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 Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Parsons Peake
Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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 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 motion the ayes were 167, nays 0.
The motion prevailed.
House of Representatives Coverdell Legislative Office Building
Room 509 Atlanta, Georgia 30334
Dear Mr. Reilly,
My vote did not register for Senate Bill 304. My machine undoubtedly malfunctioned. I pressed the green button. I immediately brought it to the attention of Mr. Long.
I wish to be recorded as a yes vote.
Thank you,
/s/ Doreen Carter Representative Doreen Carter
THURSDAY, MARCH 24, 2016
4211
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 258. By Senators Millar of the 40th and Albers of the 56th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide that the assessed value of property for a taxable year shall not be increased beyond the initial assessment value established by the board of tax assessors during an appeal of such valuation for such taxable year by the taxpayer but may be reduced as a result of the appeal of the taxpayer; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 258
The Committee of Conference on SB 258 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 258 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bill Cowsert Senator, 46th District
/s/ Geoff Duncan Representative, 26th District
/s/ Jack Hill Senator, 4th District
/s/ England Representative, 116th District
/s/ Jay Powell Representative, 171st District
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 8 of Title 31, Chapter 2 of Title 40, and Title 48 of the Official Code of Georgia Annotated, relating to hospital care for the indigent generally, registration and licensing of motor vehicles, and revenue and taxation, respectively, so as to approve rural hospital organizations which provide health care services to underserved
4212
JOURNAL OF THE HOUSE
areas in this state to receive contributions; to provide for definitions; to provide for tax credits for contributions to rural hospital organizations; to clarify the definition of disabled veteran; to change certain provisions regarding the changing values established by certain appeal or agreement; to provide that the assessed value of property for a taxable year may be lowered by the deciding body based upon the evidence before such body but shall not be increased beyond the assessment value established by the board of tax assessors; to provide an exception; to provide for the amount, nature, limits, and procedures for new tax credits for contributions to rural hospital organizations; to provide for related matters; to provide for automatic repeal, an effective date, and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for the indigent generally, is amended by adding a new Code section to read as follows:
"31-8-9.1. (a) As used in this Code section, the term:
(1) 'Critical access hospital' means a hospital that meets the requirements of the federal Centers for Medicare and Medicaid Services to be designated as a critical access hospital and that is recognized by the department as a critical access hospital for purposes of Medicaid. (2) 'Rural county' means a county having a population of less than 35,000 according to the United States decennial census of 2010 or any future such census; provided, however, that for counties which contain a military base or installation, the military personnel and their dependents living in such county shall be excluded from the total population of such county for purposes of this definition. (3) 'Rural hospital organization' means an acute care hospital licensed by the department pursuant to Article 1 of Chapter 7 of this title that:
(A) Provides inpatient hospital services at a facility located in a rural county or is a critical access hospital; (B) Participates in both Medicaid and medicare and accepts both Medicaid and medicare patients; (C) Provides health care services to indigent patients; (D) Has at least 10 percent of its annual net revenue categorized as indigent care, charity care, or bad debt; (E) Annually files IRS Form 990, Return of Organization Exempt From Income Tax, with the department, or for any hospital not required to file IRS Form 990, the department will provide a form that collects the same information to be submitted to the department on an annual basis;
THURSDAY, MARCH 24, 2016
4213
(F) Is operated by a county or municipal authority pursuant to Article 4 of Chapter 7 of this title or is designated as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code; and (G) Is current with all audits and reports required by law. (b)(1) By December 1 of each year, the department shall approve a list of rural hospital organizations eligible to receive contributions from the tax credit provided pursuant to Code Section 48-7-29.20 and transmit such list to the Department of Revenue. (2) Before any rural hospital organization is included on the list as eligible to receive contributions from the tax credit provided pursuant to Code Section 48-7-29.20, it shall submit to the department a five-year plan detailing the financial viability and stability of the rural hospital organization. The criteria to be included in the five-year plan shall be established by the department. (c)(1) A rural hospital organization that receives donations pursuant to Code Section 48-7-29.20 shall: (A) Utilize such donations for the provision of health care-related services for residents of a rural county or for residents of the area served by a critical access hospital; and (B) Report on a form provided by the department all contributions received from individual and corporate donors pursuant to Code Section 48-7-29.20 and show the manner or purpose in which the contributions received were expended by the rural hospital organization. (2) The department shall annually prepare a report compiling the information received pursuant to paragraph (1) of this subsection for the chairpersons of the House Committee on Ways and Means and the Senate Health and Human Services Committee."
SECTION 2. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subsection (a) of Code Section 40-2-69, relating to free license plates and revalidation decals for disabled veterans, as follows:
"(a) Any disabled veteran who is a citizen and resident of this state shall, upon application therefor, be issued a free motor vehicle license plate. 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
4214
JOURNAL OF THE HOUSE
(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 shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 485-48."
SECTION 3. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (1) of subsection (a) of Code Section 48-5-48, relating to the homestead exemption for disabled veterans, as follows:
"(a) As used in this Code section, the term 'disabled veteran' means: (1) Any veteran who is a citizen and a resident of this state who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as having a service related disability that renders such veteran 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 or 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 4. Said title is further amended by revising subsection (c) of Code Section 48-5-299, relating to ascertainment of taxable property and changing values established by certain appeal or agreement, as follows:
"(c) When the value of real property is reduced or is unchanged from the value on the initial annual notice of assessment or a corrected annual notice of assessment issued by the board of tax assessors and such valuation is has been established as the result of either an appeal decision rendered by the board of equalization, hearing officer, arbitrator, or superior court pursuant to Code Section 48-5-311 or stipulated by written agreement of the parties to such an appeal that this subsection shall apply in any year signed by the board of tax assessors and taxpayer or taxpayer's authorized representative, the new valuation so established by appeal decision or agreement may not be increased by the board of tax assessors during the next two successive years, unless otherwise agreed in writing by both parties, subject to the following exceptions:
THURSDAY, MARCH 24, 2016
4215
(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; (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 Unless otherwise agree in writing by the parties, if the taxpayer files an appeal pursuant to Code Section 48-5-311 during the next two successive years, the board of tax assessors, 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 taxpayer 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, or the board of tax assessors finds an occurrence of other material factors that substantially affect the current fair market value of such property."
SECTION 5. Said title is further amended in subsection (e) of Code Section 48-5-311, relating to creation of county boards of equalization, duties, review of assessments, and appeals, by adding a new paragraph to read as follows:
"(9) Notwithstanding any other provision of law to the contrary, on any real property tax appeal made under this Code section on and after January 1, 2016, the assessed value being appealed may be lowered by the deciding body based upon the evidence presented but cannot be increased from the amount assessed by the county board of tax assessors. This subsection shall not apply to any appeal where the taxpayer files an appeal during a time when subsection (c) of Code Section 48-5-299 is in effect for the assessment being appealed."
SECTION 6. Said title is further amended by revising subsection (a) of Code Section 48-5-478, relating to the exemption from ad valorem taxation for motor vehicles owned or leased by a disabled veteran, as follows:
"(a) A motor vehicle owned by or leased to a disabled veteran who is a citizen and resident of this state and on which such disabled veteran actually places the free disabled veteran motor vehicle license plate he or she receives pursuant to Code Section 40-2-69 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes. 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 being compensated at
4216
JOURNAL OF THE HOUSE
the 100 percent level due to individual unemployability and is entitled to receive service connected benefits and any veteran who is 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 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 shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 485-48."
SECTION 7. Said title is further amended by adding a new Code section to Article 2 of Chapter 7, relating to imposition, rate, and computation of income taxes and exemptions, to read as follows:
"48-7-29.20. (a) As used in this Code section, the term:
(1) 'Qualified rural hospital organization expense' means the contribution of funds by an individual or corporate taxpayer to a rural hospital organization for the direct benefit of such organization during the tax year for which a credit under this Code section is claimed. (2) 'Rural hospital organization' means an organization that is approved by the Department of Community Health pursuant to Code Section 31-8-9.1. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified rural hospital organization expenses as follows: (1) In the case of a single individual or a head of household, 70 percent of the actual amount expended or $2,500.00 per tax year, whichever is less; or (2) In the case of a married couple filing a joint return, 70 percent of the actual amount expended or $5,000.00 per tax year, whichever is less. (c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified rural hospital organization expenses in an amount not to exceed 70 percent of the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less. (d) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability. (e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $50 million in 2017, $60 million in 2018, and $70 million in 2019.
THURSDAY, MARCH 24, 2016
4217
(2)(A) No more than $4 million of the aggregate limit established by paragraph (1) of this subsection shall be contributed to any individual rural hospital organization in any taxable year. From January 1 to June 30 each taxable year, the commissioner shall only preapprove contributions submitted by individual taxpayers in an amount not to exceed $2 million, and from corporate donors in an amount not to exceed $2 million. From July 1 to December 31 each taxable year, subject to the aggregate limit in paragraph (1) of this subsection and the individual rural hospital organization limit in this paragraph, the commissioner shall approve contributions submitted by individual taxpayers and corporations or other entities. (B) In the event an individual or corporate donor desires to make a contribution to an individual rural hospital organization that has received the maximum amount of contributions for that taxable year, the Department of Community Health shall provide the individual or corporate donor with a list, ranked in order of financial need, as determined by the Department of Community Health, of rural hospital organizations still eligible to receive contributions for the taxable year. (3) For purposes of paragraphs (1) and (2) of this subsection, a rural hospital organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a rural hospital organization, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of contribution that the taxpayer intends to make to the rural hospital organization. The commissioner shall preapprove or deny the requested amount with 30 days after receiving the request from the taxpayer and shall provide written notice to the taxpayer and rural hospital organization of such preapproval or denial which shall not require any signed release or notarized approval by the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the contribution to the rural hospital organization within 60 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limits prescribed in paragraphs (1) and (2) of this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection and the individual rural hospital organization limit established under paragraph (2) of this subsection. (5) Notwithstanding any laws to the contrary, the department shall not take any adverse action against donors to rural hospital organizations if the commissioner preapproved a donation for a tax credit prior to the date the rural hospital organization is removed from the Department of Community Health list pursuant to Code Section 31-8-9.1, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with paragraph (3) of this subsection. (f) In order for the taxpayer to claim the tax credit under this Code section, a letter of confirmation of donation issued by the rural hospital organization to which the contribution was made shall be attached to the taxpayer's tax return. However, in the
4218
JOURNAL OF THE HOUSE
event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the return is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. The letter of confirmation of donation shall contain the taxpayer's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit. (g) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer as a charitable contribution to a bona fide charitable organization qualified under Section 501(c)(3) of the Internal Revenue Code. (h) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (i) This Code section shall stand automatically repealed on December 31, 2019."
SECTION 8.
(a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 and 7 of this Act shall be applicable to all taxable years beginning on or after January 1, 2017.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Duncan of the 26th moved that the House adopt the report of the Committee of Conference on SB 258.
On the motion, the roll call was ordered and the vote was as follows:
Abrams Y Alexander Y Allison Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin
Y Cooke Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse
Y Metze Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons
Peake Y Petrea Y Pezold Y Pirkle
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer
Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner
THURSDAY, MARCH 24, 2016
4219
Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
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 Lott Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes E Rice 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 163, nays 0.
The motion prevailed.
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 355. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Hill of the 6th, Williams of the 27th, Martin of the 9th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Student/Teacher Protection Act"; to end punitive testing consequences for both teachers and students related to federal, state, and locally mandated standardized assessments; to prevent truancy or referrals to the Division of Family and Children Services for absenteeism during standardized testing windows for federal, state, and locally mandated standardized assessments unless a student already has a chronic history of truancy; to provide for a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and withdrawn:
4220
JOURNAL OF THE HOUSE
Representatives Harrell of the 106th, Chandler of the 105th, and Coleman of the 97th offer the following amendment:
Amend the Senate substitute to SB 355 (LC 33 6553ERS) by striking the quotation mark at the end of line 36 and by adding after line 36 the following: (t) No teacher or administrator shall proactively encourage or recommend not participating in a state mandated assessment to a student or parent except as it relates to Code Section 20-2-281.2."
The report of the Committee, which was favorable to the 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 Atwood Y Ballinger Y Barr
Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley Y Benton Y Beskin Y Beverly Y Blackmon Y Broadrick Y Brockway
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cannon Y Cantrell Y Carson Y Carter, A Y Carter, D 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
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 E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Gilligan Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Y Harden Harrell
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lott Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain Y Meadows
Y Metze Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y Pak Y Parrish Y Parsons
Peake Y Petrea Y Pezold Y Pirkle Y Powell, A Y Powell, J Y Price Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes E Rice Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper
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 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
THURSDAY, MARCH 24, 2016
4221
On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 1577. By Representatives Thomas of the 56th, Stephens of the 164th, Abrams of the 89th, Dukes of the 154th, Dawkins-Haigler of the 91st and others:
A RESOLUTION creating the House Study Committee on Georgia Minority Participation in the Film and Television Production Industry; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Atwood Y Ballinger N Barr
Battles Y Beasley-Teague Y Belton Y Bennett, K Y Bennett, T Y Bentley
Benton Y Beskin Y Beverly Y Blackmon Y Broadrick N Brockway
Bruce E Bryant Y Buckner Y Burns
Caldwell, J N Caldwell, M Y Cannon Y Cantrell
Carson Y Carter, A Y Carter, D N Casas Y Chandler Y Cheokas N Clark, D N Clark, H
N Cooke Coomer
Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas E Drenner N Dudgeon Y Dukes N Dunahoo Y Duncan Y Ealum
Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Gilligan Y Glanton Y Golick Y Gordon
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston
Howard Y Hugley Y Jackson Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick
Kidd Y Kirby Y Knight N LaRiccia Y Lott Y Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo Y McCall
Y Metze Y Mitchell N Morris Y Mosby Y Nimmer N Nix Y Oliver N Pak Y Parrish Y Parsons
Peake Y Petrea N Pezold N Pirkle
Powell, A N Powell, J N Price Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes E Rice Y Rogers, C N Rogers, T N Rutledge
Rynders Y Scott Y Setzler Y Sharper
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 N Taylor, D N Taylor, T N 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
Williamson
4222
JOURNAL OF THE HOUSE
Y Clark, V Y Coleman
N Gravley Y Greene
Y McClain N Meadows
Shaw Sims
Y Yates Ralston, Speaker
On the adoption of the Resolution, the ayes were 123, nays 33.
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 has agreed to the House substitute to 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 incorporation, boundaries, and powers of the city; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
HB 910. By Representatives Frye of the 118th, Fleming of the 121st, Kelley of the 16th, Mabra of the 63rd, Weldon of the 3rd and others:
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 provide that provisions relating to the costs of copying and mailing patient records apply to psychiatric, psychological, and other mental health records; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 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.
THURSDAY, MARCH 24, 2016
4223
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To incorporate the City of South Fulton in Fulton County, Georgia; to provide a charter for the City of South Fulton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for general homestead exemption; to provide for bonds for officials; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to provide for transition of powers and duties; to provide for directory nature of dates; to provide for a charter commission; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.
The City of South Fulton in Fulton County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of South Fulton." References in this charter to "the city" or "this city" refer to the City of South Fulton. The city shall have perpetual existence.
SECTION 1.11. Corporate boundaries.
The boundaries of the City of South Fulton shall include all unincorporated areas of Fulton County, including the Fulton County Industrial District, as such exist on July 1, 2016; provided, however, that, if the local constitutional amendment establishing the
4224
JOURNAL OF THE HOUSE
Fulton County Industrial District is not repealed or determined judicially to be of no force and effect prior to the first municipal election being conducted under this charter, the Fulton County Industrial District shall not become a part of the City of South Fulton. The boundaries of the city are more particularly described in Appendix A, attached to 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 1.12. Municipal powers.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution and environmental issues. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city and to regulate any other environmental matters that would affect the quality of life within the boundaries of the city; (2) 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 under this paragraph; (3) 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 this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such
THURSDAY, MARCH 24, 2016
4225
licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside 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; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (10) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for handling 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 punishment for violations thereof; (12) 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 within the city and 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; (13) 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 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 the 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 within the city and to provide for the enforcement of such standards;
4226
JOURNAL OF THE HOUSE
(16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city as authorized by Act of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property of the city; to provide for the 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 the 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, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (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, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (24) Nuisances. 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 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;
THURSDAY, MARCH 24, 2016
4227
(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, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (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 or contract for such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the 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, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (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; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant
4228
JOURNAL OF THE HOUSE
franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose on and collect a sewer connection fee or fees from those connected to the system; (37) 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 provide for the sale of such items; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, pain management clinics, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (40) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget purposes shall not exceed 13.469 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city voting in a referendum; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein. For the purposes of this subparagraph, the term "qualified voters" means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be "Do you approve increasing taxes on residential and nonresidential property for City of South Fulton property owners by raising from [current millage rate] to [proposed millage rate] the operating budget millage rate, which was capped
THURSDAY, MARCH 24, 2016
4229
in the original charter for the city?" If such millage rate increase is approved by the qualified voters of the City of South Fulton voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of South Fulton voting in a referendum. Notwithstanding any provision of this paragraph to the contrary, during the first five years of existence, the city shall not be authorized to increase the millage rate higher than 14.469 except for the purposes of complying with Code Section 48-8-91 of the O.C.G.A.; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (41) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future by law; (42) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (43) Urban redevelopment. To organize and operate an urban redevelopment program; and (44) 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 to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
4230
JOURNAL OF THE HOUSE
SECTION 2.10. City council creation; composition; number; election.
(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and seven councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the area comprising the City of South Fulton for 12 months immediately preceding the election of mayor or councilmembers, shall have attained the age of 21 years prior to the date of qualifying, and, in the case of councilmembers, shall have been a resident of the district from which he or she seeks election for six months at the time of qualifying for election; each such person shall continue to reside within the city and, in the case of councilmembers, within the district from which he or she was elected during said period of service and shall be registered and qualified to vote in municipal elections of this city. The mayor may reside anywhere within the city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(c)(1) The mayor shall be limited to serving three full, consecutive four-year terms of office. (2) Councilmembers shall be limited to serving three full, consecutive terms of office. (3) Persons who serve terms of less than four years as a result of being elected to an initial term of office under subsection (d) of Section 2.11 of this charter or who fill an unexpired term shall not be considered to have served a full term of office for the purposes of this subsection.
SECTION 2.11. Elections.
(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the area comprising the City of South Fulton or of such city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code."
THURSDAY, MARCH 24, 2016
4231
(c) Each councilmember shall be elected by a majority vote of the qualified electors of his or her respective council district voting at the elections of the city. For the purpose of electing members of the council, the City of South Fulton shall consist of seven council districts as described in Appendix B of this charter, which is attached and incorporated into this charter by reference; provided, however, that no territory described in such council districts shall be included in such council districts that has been annexed into other municipalities before July 1, 2016; and provided, further, that the territory known as the Fulton County Industrial District shall not be included in such council districts unless the local constitutional amendment creating such district is repealed or determined judicially to be of no force and effect prior to the first municipal election being conducted under this charter. Each candidate for election to the council other than the mayor shall reside in the council district he or she seeks to represent. (d) The first election for mayor and councilmembers shall be a special election held on the third Tuesday in March, 2017. At such election, the mayor and councilmembers elected from Council Districts 2, 4, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2021. The councilmembers elected from Council Districts 1, 3, 5, and 7 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2019. Thereafter, at the elections provided for by subsection (f) of this section, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified. (e) The mayor, for the special election and each subsequent election for mayor, shall be elected by the qualified electors of the city at large voting in such elections of the city. (f) A special election shall be held on the third Tuesday in March, 2017, to elect the first mayor and council as provided in subsection (d) of this section. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsection (d) of this section. 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 2019. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (g) All municipal elections shall be nonpartisan and without primaries.
SECTION 2.12. Vacancies in office.
(a) The office of mayor or 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. (b) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining
4232
JOURNAL OF THE HOUSE
shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (c) of this section. (c) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 2.13. Election by majority vote.
The candidate for mayor who receives a majority of the votes cast in the applicable election in the city at large shall be elected to a term of office. The candidates for councilmember who receive a majority of the votes cast in the applicable election by the electors of their respective districts shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in such election for such office, a run-off election shall be held between the candidates receiving the two highest numbers of votes. Such run-off election shall be held at the time specified by state election law, unless such run-off date is postponed by court order.
SECTION 2.14. Compensation and expenses.
The annual salary of the mayor shall be $23,000.00 and the annual salary for each councilmember shall be $13,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties.
SECTION 2.15. 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
THURSDAY, MARCH 24, 2016
4233
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; (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; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; 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 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. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
SECTION 2.16. Removal of officers.
4234
JOURNAL OF THE HOUSE
(a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.15 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fulton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Fulton County following a hearing on a complaint seeking such removal brought by any resident of the City of South Fulton.
ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES SECTION 3.10.
General power and authority.
(a) Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city 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 with 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 South Fulton and may enforce such ordinances by imposing penalties for violations thereof. (c) Except for the office of city manager, the city council, by resolution, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs of the government of the city. The council shall prescribe the functions and duties of departments, offices, and agencies; may provide that the same person shall fill any
THURSDAY, MARCH 24, 2016
4235
number of offices or positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (d) 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 of employment as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and councilmembers. (e) In all cases, unless otherwise prohibited by this charter or by state law, those functions and duties necessary for the efficient and proper administration of the affairs of government of the city may be provided through intergovernmental agreements or private contracts or both.
SECTION 3.11. Organization.
(a) The city council shall hold an organizational meeting not later than the first regular meeting in January following an 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 by a judicial officer authorized to administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city 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." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote, shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the official duties and powers of the mayor during any disability or absence of the mayor, as set forth in Section 3.30 of this charter. Any such disability or absence shall be declared by a majority vote of the city council.
SECTION 3.12. 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 council shall be punished as provided by ordinance.
SECTION 3.13. Meetings.
4236
JOURNAL OF THE HOUSE
(a) The city council shall, at least once during each calendar month, hold regular meetings at such times and places as prescribed by ordinance. The council may recess any such regular meeting and continue such meeting on any weekday or at any hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
SECTION 3.14. Procedures.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed as prescribed by ordinance or resolution of the city council.
SECTION 3.15. Voting.
(a) Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. For voting and quorum purposes, the mayor shall be counted as one of the councilmembers. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. No councilmember shall abstain from voting except in the case of a conflict of interest or if absent when a motion being voted upon was made. The councilmember shall provide a specific explanation of the conflict, and the explanation shall be recorded in the journal. (b) Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum
THURSDAY, MARCH 24, 2016
4237
and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 3.16. Ordinances.
(a) Any proposal for a new or amended ordinance shall be in writing and in the format required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of South Fulton hereby ordains ..." and every ordinance shall so begin. (b) A new or amended ordinance may be proposed by the mayor or councilmember at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter. After adoption of any ordinance, the city clerk shall, as soon as possible, forward an appropriately formatted version of the adopted ordinance to that entity or agency that the city has retained to facilitate the codification and online viewing and download of all city ordinances.
SECTION 3.17. Effect of ordinances.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 3.18. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date
4238
JOURNAL OF THE HOUSE
upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 3.19. Codes.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 3.20 of this charter. (b) Any adopted code of technical regulations shall be forwarded for online codification, viewing, and download in the same manner as provided for ordinances in subsection (b) of Section 3.16 of this charter and shall otherwise be made available for review and copying upon request in accord with Code Section 50-18-70, et seq., of the O.C.G.A.
SECTION 3.20. Codification of ordinances.
(a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of South Fulton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be promptly delivered in an appropriate format to that entity or agency that the city has retained to facilitate the codification and online viewing and download of all city ordinances, charter amendments, and technical regulations. Ordinances, charter amendments, and technical regulations shall otherwise be available in hard copy format for viewing and copying at the office of the city clerk in conformance with Code Section 50-18-70, et seq., of the O.C.G.A. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be made
THURSDAY, MARCH 24, 2016
4239
available, whether in electronic or hard copy format, in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 3.21. Submission of ordinances to the mayor.
(a) Every ordinance, resolution, or other action adopted by the city council shall be presented to the mayor for signature within five business days following the adoption of such ordinance, resolution, or other action by the city council. The mayor shall have the right to veto any ordinance adopted by the city council, in accordance with the procedure set forth in this section. (b) The mayor, within ten business days following receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's veto. If an ordinance has been approved by the mayor or if it is returned to the city clerk neither approved nor disapproved, it shall become law upon its return to the city clerk. However, if the mayor fails to return an ordinance to the city clerk within ten business days of receipt, it shall become law at 12:00 Midnight on the tenth business day after receipt. If the ordinance is vetoed by the mayor, the mayor shall submit to city council, through the city clerk, the reasons for the mayor's veto. The city clerk shall record upon the ordinance the date of its delivery to and its receipt from the mayor. (c) An ordinance vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote to override the veto are not present, the action may be continued until the next meeting at which such minimum number of councilmembers are present. The city council may override a veto by the mayor and adopt any ordinance that has been vetoed by the mayor by the affirmative votes of at least five councilmembers, not including the mayor. (d) In addition, the mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The disapproved or reduced part or parts of any such ordinance or resolution shall be presented to the city council as though disapproved and shall not become law unless overridden by the city council as set forth in subsection (c) of this section.
SECTION 3.22. Powers and duties of mayor.
4240
JOURNAL OF THE HOUSE
(a) The mayor shall be the chief executive officer of the city government and a member of and the presiding officer of the city council and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall:
(1) Preside at all meetings of the city council and participate therein as a voting member, and in the mayor's absence, the mayor pro tempore shall preside as set forth in Section 3.30 of this charter; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and execute affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing. The city council may delegate contract signing authority to the city manager to the extent allowed by law; (5) See that all laws and ordinances of the city are faithfully executed; (6) Vote on any motion, resolution, ordinance, or other question before the council other than a veto override; (7) Obtain short-term loans in the name of the city when authorized by the city council to do so; (8) Have the authority to appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city, subject to confirmation by the city council; (9) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (10) Nominate the city manager, city attorney, chief judge of municipal court, city clerk, and city treasurer, subject to ratification by the city council; provided, however, that if the mayor's nomination is rejected by the city council or the mayor fails to offer a nomination, nominations may be offered by members of the city council; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances.
SECTION 3.23. City manager; appointment; qualifications; compensation; removal.
THURSDAY, MARCH 24, 2016
4241
(a) The mayor shall nominate a city manager for an indefinite term and shall set the city manager's initial compensation, subject to confirmation by the city council. The city manager shall be nominated solely on the basis of that person's executive and administrative qualifications. (b) The mayor or a councilmember may recommend the removal of the city manager from office in accordance with the following procedures:
(1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal 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 ten days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 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) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (c) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal.
SECTION 3.24. Acting city manager.
By letter filed with the city clerk, the city manager shall designate or in the absence of the city manager the mayor shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease.
SECTION 3.25. Powers and duties of the city manager.
The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in
4242
JOURNAL OF THE HOUSE
the city manager's charge by or under this charter. As the chief administrative officer, the city manager shall:
(1) Have the authority to hire persons to act as department heads or directors and fill other positions designated by ordinance or resolution and appoint and, when the city manager deems it necessary for the good of the city, suspend or remove any city employees and administrative officers the city manager hires or appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council or mayor may require concerning the operations of those city departments, offices, and agencies that are subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.
Reserved.
SECTION 3.26.
Reserved.
SECTION 3.27.
SECTION 3.28. Council's interference with administration.
Except for the purpose of inquiries and investigations under Section 3.12 of this charter, the city council and its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city
THURSDAY, MARCH 24, 2016
4243
manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.29. Selection of mayor pro tempore.
There shall be a mayor pro tempore elected from among the councilmembers by the city council at the first regular meeting of each calendar year. All subsequent successors shall be elected at the first regular meeting of the city council in each calendar year to serve until the first regular meeting of the city council in the immediately following calendar year. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term at the next regularly scheduled council meeting.
SECTION 3.30. Mayor pro tempore.
During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council or, in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such absence or disability shall continue, except that the mayor pro tempore shall not have the mayor's veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest.
ARTICLE IV ADMINISTRATIVE AFFAIRS
SECTION 4.10. Department heads.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
4244
JOURNAL OF THE HOUSE
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the director's department or agency. (e) The city manager may suspend or terminate directors or department heads, so long as the city attorney reviews the facts supporting suspension or termination and concurs such action is appropriate before such action is taken.
SECTION 4.11. Boards.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) Every member of any appointed board, commission, or authority of the city shall be appointed by a majority vote of the city council for such term of office and in such manner as shall be provided by ordinance. Unless otherwise provided by ordinance or law, each board, commission, or authority shall consist of eight members with one member being nominated by each member of the city council and the mayor. Unless otherwise provided by ordinance or law, there shall be no requirement that a board, commission, or authority member reside in the district of the councilmember who nominates the member, but all members shall be residents of the city. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office by majority vote of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its 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
THURSDAY, MARCH 24, 2016
4245
charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 4.12. City attorney.
The mayor shall nominate and the city council shall confirm by a majority vote a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least seven years. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney.
SECTION 4.13. City clerk.
The mayor shall nominate and the city council shall confirm by a majority vote a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk.
SECTION 4.14. Treasurer.
The mayor shall nominate and the city council shall confirm by a majority vote a city treasurer 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 to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer.
SECTION 4.15. Rules and regulations.
The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment;
4246
JOURNAL OF THE HOUSE
(2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE V JUDICIAL BRANCH
SECTION 5.10. Municipal court.
There shall be a court to be known as the Municipal Court of the City of South Fulton.
SECTION 5.11. Judges.
(a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. The chief judge shall be nominated by the mayor and shall be confirmed by resolution of the city council, and the method of selection and terms of any other judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years. (c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of chief judge shall not be a full-time position, and the person serving as chief judge may engage in the private practice of law. (d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be removed for cause by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.
SECTION 5.12. Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.
THURSDAY, MARCH 24, 2016
4247
SECTION 5.13. Powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have 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 court. (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 hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be 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. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
4248
JOURNAL OF THE HOUSE
SECTION 5.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 5.15. Rules.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage.
(a) The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. (b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 13.469 unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the qualified voters of the city voting in a referendum. For the purposes of this subsection, the term "qualified voters"