HB 199 - Code of Georgia; corrections
Georgia House of Representatives - 1995/1996 Sessions
HB 199 - Code of Georgia; corrections
1. Chambless 163rd 2. Bostick 165th 3. Barnes 33rd
4. Cox 160th 5. Crawford 129th 6. Simpson 101st
House Comm: Judy / Senate Comm: SJudy /
House Vote: Yeas 169 Nays 0 Senate Vote: Yeas 52 Nays 0
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House Action Senate
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1/12/95 Read 1st Time 1/26/95
1/13/95 Read 2nd Time 2/6/95
1/23/95 Favorably Reported 2/3/95
1/25/95 Read 3rd Time 2/9/95
1/25/95 Passed/Adopted 2/9/95
2/21/95 Sent to Governor
2/21/95 Signed by Governor
4 Act/Veto Number
2/21/95 Effective Date
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Code Sections amended: 2-2-8, 2-4-3, 2-4-4, 2-4-7, 2-6-23, 2-8-22, 2-8-62,
2-10-87, 2-11-29, 2-11-74, 2-12-73, 2-3-5, 2-11-70, 2-12-106, 2-14-41.1, 4-1-2,
4-4-69, 5-3-4, 5-3-22, 12-3-3, 12-3-564, 12-5-287, 12-7-6, 12-7-17, 12-8-24,
12-13-11, 12-13-12, 13-11-2, 14-8-46, 14-8-61, 14-11-1012, 16-11-101,
16-11-127.1, 16-12-1, 20-2-189, 20-2-260, 20-3-73, 20-3-250.27, 24-4-45,
24-7-24, 24-7-25, 24-8-28, 24-9-41, 24-9-42, 24-9-43, 24-9-44, 24-9-45, 24-9-68,
24-10-7, 24-10-25, 24-10-90, 24-10-130, 45-12-150, 45-12-151, 45-12-152,
45-12-155, 27-1-13, 27-4-171, 27-4-253, 28-8-1, 30-4-1, 31-2-6, 31-5-2, 31-39-4,
32-6-28, 33-47-5, 36-20-9, 36-45-9, 36-81-7, 36-81-8, 36-86-4, 37-1-2, 37-3-144,
37-3-147, 37-3-150, 37-4-104, 37-4-110, 37-7-144, 37-7-150, 37-7-166, 38-2-553,
38-2-574, 38-3-3, 42-5-53, 44-3-226, 44-3-230, 44-3-232 ,45-7-4, 45-12-178,
45-20-3.1, 48-5-16, 48-5-121, 48-5-232, 48-5-311, 48-5-444, 48-7-40.2,
48-7-40.6, 48-7-41, 48-7A-3, 48-8-2, 48-8-111, 48-8-121, 48-9-1, 48-9-2, 48-9-3,
48-10-2, 48-10-6, 48-10-7, 48-10-14, 48-13-51, 48-16A-4, 48-17-1, 48-17-2,
52-2-10, 52-5-8, 52-7-3, 52-7-8.2, 52-7-11, 52-7-16, 52-7-19, 53-3-61
HB 199 LC 9 7939
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend the Official Code of Georgia Annotated, so as to
1- 2 correct typographical, stylistic, capitalization,
1- 3 punctuation, and other errors and omissions in the Official
1- 4 Code of Georgia Annotated and in Acts of the General
1- 5 Assembly amending the Official Code of Georgia Annotated; to
1- 6 reenact the statutory portion of the Official Code of
1- 7 Georgia Annotated, as amended; to provide for necessary or
1- 8 appropriate revisions and modernizations of matters
1- 9 contained in the Official Code of Georgia Annotated; to
1-10 provide for and to correct citations in the Official Code of
1-11 Georgia Annotated and other codes and laws of the state; to
1-12 rearrange, renumber, and redesignate provisions of the
1-13 Official Code of Georgia Annotated; to provide for other
1-14 matters relating to the Official Code of Georgia Annotated;
1-15 to provide an effective date; to repeal conflicting laws;
1-16 and for other purposes.
1-17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-18 Reserved.
SECTION 2.
1-19 Title 2 of the Official Code of Georgia Annotated, relating
1-20 to agriculture, is amended as follows:
1-21 (1) By striking "College of Agriculture" and inserting in
1-22 lieu thereof "College of Agricultural and Environmental
1-23 Sciences" in Code Sections 2-2-8, relating to educational
1-24 exhibits promoting state resources at agricultural fairs
1-25 authorized; 2-4-3, relating to the composition, officers,
1-26 bylaws, quorum, compensation, records, audit, and bonds of
1-27 the Seed Development Commission; 2-4-4, relating to the
1-28 powers and duties generally of the Seed Development
1-29 Commission; 2-4-7, relating to creation, members, and
1-30 function of the advisory board of the Seed Development
1-31 Commission; 2-6-23, relating to the establishment,
1-32 composition, terms of office, ex officio advisers, seal,
-1- (Index)
LC 9 7939
2- 1 and rules and regulations of the State Soil and Water
2- 2 Conservation Commission; 2-8-22, relating to the
2- 3 recommendation of marketing orders or amendments by the
2- 4 commodities commission and authorized provisions; 2-8-62,
2- 5 relating to recommendations of promulgation of marketing
2- 6 orders, permissible provisions of orders, and
2- 7 effectiveness of orders heretofore adopted and in effect
2- 8 on July 1, 1989; 2-10-87, relating to directors to manage
2- 9 the cooperative association, number, election or
2-10 appointment, compensation, contracts with the association,
2-11 and vacancies; 2-11-29, relating to the creation,
2-12 selection of members, compensation, and duties of the Seed
2-13 Advisory Committee; 2-11-74, relating to membership,
2-14 terms, chairperson and secretary, sessions, and expenses
2-15 of the Seed Arbitration Council; and 2-12-73, relating to
2-16 registration of soil amendment required, proof of claims
2-17 or value, and fee.
2-18 (2) By striking "College of Agriculture" and inserting in
2-19 lieu thereof "College of Agricultural and Environmental
2-20 Sciences" in paragraph (6) and by striking "the" preceding
2-21 "Tift County" in paragraph (8) of subsection (a) of Code
2-22 Section 2-3-5, relating to composition, officers, bylaws,
2-23 quorum, expense allowance and travel cost reimbursement
2-24 for members, compensation of employees, and legal
2-25 registration of the Georgia Agrirama Development
2-26 Authority.
2-27 (3) By striking "College of Agriculture" and inserting in
2-28 lieu thereof "College of Agricultural and Environmental
2-29 Sciences" and by striking "Inc. must" and inserting in
2-30 lieu thereof "Inc., must" in Code Section 2-11-52,
2-31 relating to designation of agency for certification of
2-32 seeds and plants, and liability for damages resulting from
2-33 certification work.
2-34 (4) By adding "of this Code section" following "subsection
2-35 (a)" in subsection (b) of Code Section 2-11-70, relating
2-36 to purpose and creation of Seed Arbitration Council.
2-37 (5) By striking "Article 1 of Chapter 12 of Title 2," and
2-38 inserting in lieu thereof "Article 1 of this chapter," in
2-39 subsection (c) of Code Section 2-12-106, relating to
2-40 exemptions from labeling and registration requirements in
2-41 the distribution of horticultural growing media planted
2-42 with live plant material.
-2- (Index)
LC 9 7939
3- 1 (6) By striking "This Act" and inserting in lieu thereof
3- 2 "This Code section" in Code Section 2-14-41.1, relating to
3- 3 prohibition against restriction of honeybee production or
3- 4 maintenance.
SECTION 3.
3- 5 Reserved.
SECTION 4.
3- 6 Title 4 of the Official Code of Georgia Annotated, relating
3- 7 to animals, is amended as follows:
3- 8 (1) By striking "Code title" and inserting in lieu thereof
3- 9 "title" in subsection (b) of Code Section 4-1-2, relating
3-10 to the qualifications, term of office, and assistants of
3-11 the state veterinarian.
3-12 (2) By striking "College of Agriculture" and inserting in
3-13 lieu thereof "College of Agricultural and Environmental
3-14 Sciences" in subsection (b) of Code Section 4-4-69,
3-15 relating to regulation of manufacture and use of disease
3-16 vectors.
SECTION 5.
3-17 Title 5 of the Official Code of Georgia Annotated, relating
3-18 to appeal and error, is amended as follows:
3-19 (1) By striking "desires to appeal" and inserting in lieu
3-20 thereof "desire to appeal" in Code Section 5-3-4, relating
3-21 to appeal by one of several plaintiffs or defendants and
3-22 authorization and procedure generally.
3-23 (2) By striking "as above provided" and inserting in lieu
3-24 thereof "as provided in subsection (a) of this Code
3-25 section" in subsection (b) of Code Section 5-3-22,
3-26 relating to payment of costs prerequisite to appeal,
3-27 affidavit of indigence, dismissal for nonpayment following
3-28 court order, and supersedeas bond.
SECTION 6.
3-29 Reserved.
SECTION 7.
3-30 Reserved.
SECTION 8.
3-31 Reserved.
-3- (Index)
LC 9 7939
SECTION 9.
4- 1 Reserved.
SECTION 10.
4- 2 Reserved.
SECTION 11.
4- 3 Reserved.
SECTION 12.
4- 4 Title 12 of the Official Code of Georgia Annotated, relating
4- 5 to conservation and natural resources, is amended as
4- 6 follows:
4- 7 (1) By adding "and" at the end of paragraph (9) of
4- 8 subsection (b) of Code Section 12-3-3, relating to powers
4- 9 of the Department of Natural Resources as to projects
4-10 generally.
4-11 (2) By striking "advisors" and inserting in lieu thereof
4-12 "advisers" in paragraph (3) of Code Section 12-3-564,
4-13 relating to powers and duties of the Georgia Sports Hall
4-14 of Fame Authority.
4-15 (3) By striking "Governmental Operations" and inserting in
4-16 lieu thereof "State and Local Governmental Operations" in
4-17 subsection (i) of Code Section 12-5-287, relating to
4-18 leasing of state owned marshland or water bottoms.
4-19 (4) By deleting "and" at the end of paragraph (15) of
4-20 subsection (a), by deleting the period and inserting in
4-21 lieu thereof "; and" at the end of paragraph (16) of
4-22 subsection (a), and by striking "Board of Regents" and
4-23 inserting in lieu thereof "board of regents" in
4-24 subparagraph (a)(17)(B) of Code Section 12-7-6, relating
4-25 to minimum requirements for rules, regulations,
4-26 ordinances, or resolutions governing land-disturbing
4-27 activities.
4-28 (5) By striking "paragraphs" and inserting in lieu thereof
4-29 "paragraph" in paragraph (7) and by adding "and" at the
4-30 end of paragraph (8) of subsection (a) of Code Section
4-31 12-7-17, relating to exemptions from control of soil
4-32 erosion and sedimentation.
4-33 (6) By striking the comma following "conditions" and
4-34 inserting in lieu thereof "or" and by deleting the comma
4-35 following "director" in the first sentence of paragraph
-4- (Index)
LC 9 7939
5- 1 (1) of subsection (e) of Code Section 12-8-24, relating to
5- 2 permits for solid waste or special solid waste handling,
5- 3 disposal, or thermal treatment technology facility and
5- 4 inspection of solid waste generators.
5- 5 (7) By designating the undesignated paragraph in
5- 6 subsection (b) as subsection (b.1), by striking
5- 7 "underground storage tank trust fund" and inserting in
5- 8 lieu thereof "Underground Storage Tank Trust Fund" in
5- 9 redesignated subsection (b.1) and in subsection (c), and
5-10 by striking "(b) and (c)" and inserting in lieu thereof
5-11 "(b), (b.1), and (c)" in the introductory language of
5-12 subsections (d) and (e) and in paragraph (2) of subsection
5-13 (e) of Code Section 12-13-11, relating to corrective
5-14 action for release of a petroleum product into the
5-15 environment.
5-16 (8) By striking "attorney fees" and inserting in lieu
5-17 thereof "attorney's fees" and by striking "(b) and (c)"
5-18 and inserting in lieu thereof "(b), (b.1), and (c)" in
5-19 subsection (a) of Code Section 12-13-12, relating to
5-20 recovery in event of discharge or threat of discharge of
5-21 regulated substance and a lien on the real property.
SECTION 13.
5-22 Title 13 of the Official Code of Georgia Annotated, relating
5-23 to contracts, is amended as follows:
5-24 (1) By striking "official 1990 decennial United States
5-25 Census" and inserting in lieu thereof "United States
5-26 decennial census of 1990" in paragraph (2) of Code Section
5-27 13-11-2, relating to definitions of prompt payment.
SECTION 14.
5-28 Title 14 of the Official Code of Georgia Annotated, relating
5-29 to corporations, partnerships, and associations, is amended
5-30 as follows:
5-31 (1) By striking "April 1," and inserting in lieu thereof
5-32 "July 1," in subsection (l) of Code Section 14-8-46,
5-33 relating to registered office and registered agent
5-34 required for foreign limited liability partnership,
5-35 Secretary of State as agent for service of process, and
5-36 venue.
5-37 (2) By striking "April 1," and inserting in lieu thereof
5-38 "July 1," both times it appears in Code Section 14-8-61,
-5- (Index)
LC 9 7939
6- 1 relating to effective date of laws governing all foreign
6- 2 limited liability partnerships.
6- 3 (3) By striking "benefitted" and inserting in lieu thereof
6- 4 "benefited" in subsection (c) of Code Section 14-11-1012,
6- 5 relating to court costs and counsel fees.
SECTION 15.
6- 6 Reserved.
SECTION 16.
6- 7 Title 16 of the Official Code of Georgia Annotated, relating
6- 8 to crimes and offenses, is amended as follows:
6- 9 (1) By striking "metal knuckles or knife" and inserting in
6-10 lieu thereof "metal knuckles or a knife" in Code Section
6-11 16-11-101, relating to furnishing metal knuckles or a
6-12 knife to persons under the age of 18 years.
6-13 (2) By striking "within vehicle" and inserting in lieu
6-14 thereof "within a vehicle" in paragraph (7) of subsection
6-15 (b) of Code Section 16-11-127.1, relating to carrying
6-16 weapons within school safety zones, at school functions,
6-17 or on school property.
6-18 (3) By striking "subsection (b)" and inserting in lieu
6-19 thereof "paragraph (2) of subsection (a)" in paragraph (5)
6-20 of subsection (b) of Code Section 16-12-1, relating to
6-21 contributing to the delinquency, unruliness, or
6-22 deprivation of a minor.
SECTION 17.
6-23 Reserved.
SECTION 18.
6-24 Reserved.
SECTION 19.
6-25 Reserved.
SECTION 20.
6-26 Title 20 of the Official Code of Georgia Annotated, relating
6-27 to education, is amended as follows:
6-28 (1) By striking "As used in the Code" and inserting in
6-29 lieu thereof "As used in this Code" in subsection (a) of
6-30 Code Section 20-2-189, relating to migrant student grants
6-31 for schools.
-6- (Index)
LC 9 7939
7- 1 (2) By striking "cafetoriums" and inserting in lieu
7- 2 thereof "cafeterias" in paragraph (5) of subsection (b)
7- 3 and by striking "section. Provided, however," and
7- 4 inserting in lieu thereof "section; provided, however," in
7- 5 subsection (q) of Code Section 20-2-260, relating to
7- 6 capital outlay funds generally.
7- 7 (3) By striking "College of Agriculture" and inserting in
7- 8 lieu thereof "College of Agricultural and Environmental
7- 9 Sciences" in subsection (a) of Code Section 20-3-73,
7-10 relating to director of agricultural matters.
7-11 (4) By striking "Fiscal Division of the Department of
7-12 Administrative Services" and inserting in lieu thereof
7-13 "Office of Treasury and Fiscal Services" in paragraph (1)
7-14 of subsection (g) of Code Section 20-3-250.27, relating to
7-15 the Tuition Guaranty Trust Fund.
SECTION 21.
7-16 Reserved.
SECTION 22.
7-17 Reserved.
SECTION 23.
7-18 Reserved.
SECTION 24.
7-19 Title 24 of the Official Code of Georgia Annotated, relating
7-20 to evidence, is amended as follows:
7-21 (1) By striking "Mortality Tables" and inserting in lieu
7-22 thereof "Mortality Table" in Code Section 24-4-45,
7-23 relating to other mortality tables.
7-24 (2) By striking "above provided" and inserting in lieu
7-25 thereof "provided" in subsection (b) of Code Section
7-26 24-7-24, relating to proof of laws and judicial records of
7-27 other states and full faith and credit.
7-28 (3) By striking "above provided" and inserting in lieu
7-29 thereof "provided" in subsection (b) of Code Section
7-30 24-7-25, relating to proof of nonjudicial records or books
7-31 of other states and full faith and credit.
7-32 (4) By inserting "the" preceding "'Uniform" in subsection
7-33 (c) of Code Section 24-8-28, relating to procedure as to
7-34 action on lost or destroyed note, bill, bond, etc.
-7- (Index)
LC 9 7939
8- 1 (5) By striking "Code Sections 24-9-41" and inserting in
8- 2 lieu thereof "this Code section and Code Sections
8- 3 24-9-42", by striking the semicolons and inserting in lieu
8- 4 thereof periods at the end of paragraphs (1) thru (6), and
8- 5 by striking "'Health-care" and inserting in lieu thereof
8- 6 "'Health care" in paragraph (3) of Code Section 24-9-41,
8- 7 relating to disclosure of medical records and terms
8- 8 defined.
8- 9 (6) By striking "health-care" and inserting in lieu
8-10 thereof "health care" in Code Section 24-9-42, relating to
8-11 disclosure of medical records and effect on confidential
8-12 or privileged character thereof.
8-13 (7) By striking "24-9-41 through" and inserting in lieu
8-14 thereof "24-9-41 and 24-9-42, this Code section, and Code
8-15 Sections 24-9-44 and" in Code Section 24-9-43, relating to
8-16 use of medical matter so disclosed.
8-17 (8) By striking "24-9-45" and inserting in lieu thereof
8-18 "24-9-44 and this Code section" in Code Section 24-9-45,
8-19 relating to use for educational purposes not precluded.
8-20 (9) By striking "towards" and inserting in lieu thereof
8-21 "toward" in Code Section 24-9-68, relating to witness's
8-22 feelings and relationship to parties provable.
8-23 (10) By striking "originals, deeds, maps," and inserting
8-24 in lieu thereof "original deeds, maps," in Code Section
8-25 24-10-7, relating to withdrawal of originals introduced in
8-26 evidence, substitution of copies, and discretion of court.
8-27 (11) By striking "by fine not" and inserting in lieu
8-28 thereof "by a fine not" in subsection (a) of Code Section
8-29 24-10-25, relating to enforcement of subpoenas,
8-30 continuance, secondary evidence of documents, etc.
8-31 (12) By striking "From" and inserting in lieu thereof
8-32 "from" in Code Section 24-10-90, relating to short title.
8-33 (13) By striking "eminent" and inserting in lieu thereof
8-34 "imminent" in paragraph (1) of subsection (b) of Code
8-35 Section 24-10-130, relating to when deposition to preserve
8-36 testimony in criminal proceedings may be taken and order
8-37 of court.
SECTION 25.
8-38 Reserved.
-8- (Index)
LC 9 7939
SECTION 26.
9- 1 Reserved.
SECTION 27.
9- 2 Title 27 of the Official Code of Georgia Annotated, relating
9- 3 to game and fish, is amended as follows:
9- 4 (1) By striking "Code Sections 45-12-150, 45-12-151,
9- 5 45-12-152, and 45-12-155," in subsection (c) of Code
9- 6 Section 27-1-13, relating to disposition of funds received
9- 7 by the Department of Natural Resources, appropriations,
9- 8 and grants and donations for natural resources
9- 9 conservation camps.
9-10 (2) By adding a comma following "sold" and deleting the
9-11 comma following "distributed" in the second sentence of
9-12 subsection (a) of Code Section 27-4-171, relating to bait
9-13 dealers.
9-14 (3) By striking "College of Agriculture" and inserting in
9-15 lieu thereof "College of Agricultural and Environmental
9-16 Sciences" in paragraph (3) of subsection (a) of Code
9-17 Section 27-4-253, relating to the creation of the
9-18 Aquaculture Development Commission.
SECTION 28.
9-19 Title 28 of the Official Code of Georgia Annotated, relating
9-20 to the General Assembly, is amended as follows:
9-21 (1) By striking "Corrections" and inserting in lieu
9-22 thereof "Corrections, Correctional Institutions and
9-23 Property" in paragraph (3) of subsection (a) of Code
9-24 Section 28-8-1, relating to creation, membership, term of
9-25 office, and vacancies and meetings, election of officers,
9-26 and expenses of the Georgia Criminal Justice Improvement
9-27 Council.
SECTION 29.
9-28 Reserved.
SECTION 30.
9-29 Title 30 of the Official Code of Georgia Annotated, relating
9-30 to handicapped persons, is amended as follows:
9-31 (1) By striking "that paragraph (1)," and inserting in
9-32 lieu thereof "paragraph (1) of this subsection," in
9-33 paragraph (1.1) of subsection (b) of Code Section 30-4-1,
-9- (Index)
LC 9 7939
10- 1 relating to right to equal public accommodations and right
10- 2 to be accompanied by guide dog or service dog.
SECTION 31.
10- 3 Title 31 of the Official Code of Georgia Annotated, relating
10- 4 to health, is amended as follows:
10- 5 (1) By deleting ", except for hearings governed under
10- 6 subsection (l) of Code Section 31-2-6" from subsection (a)
10- 7 of Code Section 31-5-2, relating to hearings before the
10- 8 Department of Human Resources.
10- 9 (2) By deleting "and" at the end of paragraph (1) of
10-10 subsection (e) of Code Section 31-39-4, relating to
10-11 persons authorized to issue order not to resuscitate.
SECTION 32.
10-12 Title 32 of the Official Code of Georgia Annotated, relating
10-13 to highways, bridges, and ferries, is amended as follows:
10-14 (1) By striking "width does" and inserting in lieu thereof
10-15 "widths do" in paragraph (2) of subsection (c) of Code
10-16 Section 32-6-28, relating to permits for excess weight and
10-17 dimensions.
SECTION 33.
10-18 Title 33 of the Official Code of Georgia Annotated, relating
10-19 to insurance, is amended as follows:
10-20 (1) By striking "paragraph (2)" and inserting in lieu
10-21 thereof "paragraph (3)" in subsection (f) of Code Section
10-22 33-47-5, relating to insurers' oversight responsibilities.
SECTION 34.
10-23 Reserved.
SECTION 35.
10-24 Reserved.
SECTION 36.
10-25 Title 36 of the Official Code of Georgia Annotated, relating
10-26 to local government, is amended as follows:
10-27 (1) By striking "Urban and County Affairs" and inserting
10-28 in lieu thereof "State and Local Governmental Operations"
10-29 in Code Section 36-20-9, relating to report on
10-30 accomplishments of Georgia County Leadership Academy.
-10- (Index)
LC 9 7939
11- 1 (2) By striking "Urban and County Affairs" and inserting
11- 2 in lieu thereof "State and Local Governmental Operations"
11- 3 in Code Section 36-45-9, relating to report on
11- 4 accomplishments of Georgia Municipal Training Institute.
11- 5 (3) By codifying Section 6 of Ga. L. 1994, p. 1083,
11- 6 enacted at the 1994 regular session of the General
11- 7 Assembly as paragraph (5) of subsection (d) of Code
11- 8 Section 36-81-7, relating to requirement of audits,
11- 9 conduct of audits, audit reports, forwarding of audits to
11-10 the state auditor, and availability of copies of audits
11-11 for public inspection, which reads as follows:
11-12 "No state agency shall make or transmit any state grant
11-13 funds to any local government which has failed to
11-14 provide all the audits required by law within the
11-15 preceding five years."
11-16 (4) By striking "Urban and County Affairs" and inserting
11-17 in lieu thereof "State and Local Governmental Operations"
11-18 in subsection (e) of Code Section 36-81-8, relating to
11-19 annual local government finances reports and local
11-20 independent authority indebtedness reports, assistance by
11-21 the Department of Community Affairs, and coordination of
11-22 technical assistance efforts by the department.
11-23 (5) By striking "Urban and County Affairs" and inserting
11-24 in lieu thereof "State and Local Governmental Operations"
11-25 in subsection (c) of Code Section 36-86-4, relating to
11-26 local government efficiency grant program established,
11-27 grant categories, rules and regulations, budget process,
11-28 and efficiency assessments.
SECTION 37.
11-29 Title 37 of the Official Code of Georgia Annotated, relating
11-30 to mental health, is amended as follows:
11-31 (1) By striking "Chapter 1" and inserting in lieu thereof
11-32 "this chapter" in subsection (c) of Code Section 37-1-2,
11-33 relating to legislative findings as to mental health,
11-34 mental retardation, and substance abuse problems and
11-35 services.
11-36 (2) By striking "in referenda." and inserting in lieu
11-37 thereof "in referendums." in the introductory language of
11-38 Code Section 37-3-144, relating to patients' right to
11-39 vote.
-11- (Index)
LC 9 7939
12- 1 (3) By striking "first class mail" and inserting in lieu
12- 2 thereof "first-class mail" in subsection (d) of Code
12- 3 Section 37-3-147, relating to appointment of patient
12- 4 representatives and guardians ad litem.
12- 5 (4) By adding "Code" preceding "section" in the last
12- 6 sentence of Code Section 37-3-150, relating to right of
12- 7 patients, their representatives, or attorneys to appeal
12- 8 orders of probate court, juvenile court, or hearing
12- 9 examiner.
12-10 (5) By striking "in referenda." and inserting in lieu
12-11 thereof "in referendums." in the introductory language of
12-12 Code Section 37-4-104, relating to clients' right to vote.
12-13 (6) By inserting "Code" preceding "section" in the last
12-14 sentence of Code Section 37-4-110, relating to right of
12-15 clients, their representatives, or attorneys to appeal
12-16 order of probate court, juvenile court, or hearing
12-17 examiner.
12-18 (7) By striking "in referenda." and inserting in lieu
12-19 thereof "in referendums." in the introductory language of
12-20 Code Section 37-7-144, relating to patients' right to
12-21 vote.
12-22 (8) By inserting "Code" preceding "section" in the last
12-23 sentence of Code Section 37-7-150, relating to right of
12-24 patients, their representatives, or attorneys to appeal
12-25 orders of probate court, juvenile court, or hearing
12-26 examiner.
12-27 (9) By adding "laws of this state, the record shall be
12-28 produced in" preceding "response" in paragraph (7) of
12-29 subsection (a) of Code Section 37-7-166, relating to
12-30 maintenance, confidentiality, and release of clinical
12-31 records and disclosure of confidential or privileged
12-32 patient information.
SECTION 38.
12-33 Title 38 of the Official Code of Georgia Annotated, relating
12-34 to military, emergency management, and veterans affairs, is
12-35 amended as follows:
12-36 (1) By striking "38-2-553, and 38-2-574 through" and
12-37 inserting in lieu thereof "38-2-553, this Code section,
12-38 and Code Sections 38-2-575 and" in Code Section 38-2-574,
12-39 relating to Code sections to be explained to enlisted
12-40 personnel.
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LC 9 7939
13- 1 (2) By adding a comma following "2011" in paragraph (2) of
13- 2 Code Section 38-3-3, relating to definitions under the
13- 3 "Georgia Emergency Management Act of 1981".
SECTION 39.
13- 4 Reserved.
SECTION 40.
13- 5 Reserved.
SECTION 41.
13- 6 Reserved.
SECTION 42.
13- 7 Title 42 of the Official Code of Georgia Annotated, relating
13- 8 to penal institutions, is amended as follows:
13- 9 (1) By striking "Corrections" and inserting in lieu
13-10 thereof "Corrections, Correctional Institutions and
13-11 Property" in paragraph (3) of subsection (e) of Code
13-12 Section 42-5-53, relating to establishment of county
13-13 correctional institutions, supervision by department,
13-14 quota of inmates, funding, and confinement and withdrawal
13-15 of inmates.
SECTION 43.
13-16 Reserved.
SECTION 44.
13-17 Title 44 of the Official Code of Georgia Annotated, relating
13-18 to property, is amended as follows:
13-19 (1) By striking "the above," and inserting in lieu thereof
13-20 "any other provisions of this subsection," in subsection
13-21 (a) and by striking "paragraph" and inserting in lieu
13-22 thereof "subsection" in subsection (b) of Code Section
13-23 44-3-226, relating to amendment of instrument and
13-24 presumption of validity in court action.
13-25 (2) By striking "Mail" and inserting in lieu thereof
13-26 "mail" in Code Section 44-3-230, relating to frequency of
13-27 association meetings and notice.
13-28 (3) By striking "this Code Section" and inserting in lieu
13-29 thereof "this Code section" both times it appears in
13-30 subsection (e) of Code Section 44-3-232, relating to
13-31 assessments against lot owners as constituting lien in
13-32 favor of association, additional charges against lot
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LC 9 7939
14- 1 owners, procedure for foreclosing lien, and obligation to
14- 2 provide statement of amounts due.
SECTION 45.
14- 3 Title 45 of the Official Code of Georgia Annotated, relating
14- 4 to public officers and employees, is amended as follows:
14- 5 (1) By striking "general appropriations" and inserting in
14- 6 lieu thereof "General Appropriations" in subsection (b) of
14- 7 Code Section 45-7-4, relating to annual salaries of
14- 8 certain state officials and cost-of-living adjustments.
14- 9 (2) By codifying as subsection (f) of Code Section
14-10 45-12-178, relating to ongoing review by Governor through
14-11 Office of Planning and Budget of all programs and
14-12 functions of state government, Section 17 of Ga. L. 1993,
14-13 p. 1914, not codified by the General Assembly, which
14-14 reads as follows:
14-15 "Department heads shall respond, in writing, within 90
14-16 days of the receipt of the report to recommendations and
14-17 findings by the Office of Planning and Budget or the
14-18 Department of Audits setting forth in detail the action
14-19 to be taken by said department to address the
14-20 recommendations and findings. Said written response
14-21 shall be made to the Office of Planning and Budget, the
14-22 Department of Audits, and the Budgetary Responsibility
14-23 Oversight Committee."
14-24 (3) By striking "Governmental Operations" and inserting in
14-25 lieu thereof "State and Local Governmental Operations" in
14-26 subsection (a) of Code Section 45-20-3.1, relating to
14-27 rule-making procedure of the State Personnel Board.
SECTION 46.
14-28 Reserved.
SECTION 47.
14-29 Reserved.
SECTION 48.
14-30 Title 48 of the Official Code of Georgia Annotated, relating
14-31 to revenue and taxation, is amended as follows:
14-32 (1) By striking "hangered" and inserting in lieu thereof
14-33 "hangared" in subparagraph (e)(1)(B) of Code Section
14-34 48-5-16, relating to return of tangible personal property
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LC 9 7939
15- 1 in county where business conducted, exemptions, boats, and
15- 2 aircraft.
15- 3 (2) By adding "tax" preceding "collector of the County of"
15- 4 in the first line of the oath in Code Section 48-5-121,
15- 5 relating to oath of office for tax collectors.
15- 6 (3) By striking in its entirety Code Section 48-5-232,
15- 7 relating to advertisement of county property tax
15- 8 assessment, and inserting in lieu thereof "Reserved."
15- 9 (4) By striking "his or her taxes" and inserting in lieu
15-10 thereof "such taxpayer's taxes" in subparagraph (g)(4)(B)
15-11 of Code Section 48-5-311, relating to creation of county
15-12 boards of equalization, duties, review of assessments, and
15-13 appeals.
15-14 (5) By adding "or" after "any certificate of
15-15 registration," and by deleting the comma preceding "shall
15-16 be" in paragraph (2) of subsection (a) of Code Section
15-17 48-5-444, relating to place of return of motor vehicles
15-18 and mobile homes.
15-19 (6) By striking "property remain" and inserting in lieu
15-20 thereof "property remains" in paragraph (2) of subsection
15-21 (c) of Code Section 48-7-40.2, relating to tax credits for
15-22 existing manufacturing facilities in tier 1 counties and
15-23 their conditions and limitations.
15-24 (7) By striking "but used" and inserting in lieu thereof
15-25 "but not used" in subsection (c) of Code Section
15-26 48-7-40.6, relating to tax credits for employers providing
15-27 child care.
15-28 (8) By striking "week, who" and inserting in lieu thereof
15-29 "week and who" in paragraph (3) of subsection (a) of Code
15-30 Section 48-7-41, relating to basic skills education
15-31 program credits.
15-32 (9) By striking "taxpayer; provided that" and inserting in
15-33 lieu thereof "taxpayer, provided that" and by striking
15-34 "and provided further" and inserting in lieu thereof
15-35 "provided, further," in subsection (c) and by striking
15-36 "any amended claims must" and inserting in lieu thereof
15-37 "any amended claims, must" in subsection (d) of Code
15-38 Section 48-7A-3, relating to persons entitled to claim tax
15-39 credit, tax credits schedule, tax credit claimed against
15-40 tax liability, period for filing claim for credit,
15-41 applicability to food stamp recipients, and authority of
15-42 commissioner.
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LC 9 7939
16- 1 (10) By striking the periods and inserting in lieu thereof
16- 2 semicolons at the end of subparagraphs (A) through (F) of
16- 3 paragraph (3), by striking the period and inserting in
16- 4 lieu thereof "; or" at the end of subparagraph (G) of
16- 5 paragraph (3), by striking the period and inserting in
16- 6 lieu thereof "; or" at the end of subparagraph (A) of
16- 7 paragraph (4), by striking the period and inserting in
16- 8 lieu thereof a semicolon at the end of subparagraph (A) of
16- 9 paragraph (6) and at the end of the undesignated paragraph
16-10 following subparagraph (B) of paragraph (6), by striking
16-11 the period and inserting in lieu thereof a semicolon at
16-12 the end of subparagraphs (C) through (E) of paragraph (6),
16-13 and by striking the period and inserting in lieu thereof
16-14 "; or" at the end of subparagraph (F) of paragraph (6) of
16-15 Code Section 48-8-2, relating to definitions of state
16-16 sales and use tax.
16-17 (11) By striking "1980 decennial census" and inserting in
16-18 lieu thereof "United States decennial census of 1980"
16-19 twice in subparagraph (a)(1)(F) of Code Section 48-8-111,
16-20 relating to procedure for imposition of tax, resolution or
16-21 ordinance, notice to county election superintendent, and
16-22 election.
16-23 (12) By striking "the effective date of this paragraph"
16-24 and inserting in lieu thereof "April 19, 1994," in
16-25 paragraph (3) of subsection (a) of Code Section 48-8-121,
16-26 relating to use of proceeds and issuance of general
16-27 obligation debt.
16-28 (13) By striking "48-9-1" and inserting in lieu thereof
16-29 "48-9-2" in subdivision (b)(7)(B)(ii)(II) of Code Section
16-30 48-9-3, relating to levy of excise tax, rate, taxation of
16-31 motor fuels not commonly sold or measured by gallon, rate,
16-32 prohibition of tax on motor fuel by political
16-33 subdivisions, exception, exempted sales by licensed
16-34 distributors, and exemption of motor fuel used for
16-35 nonhighway purposes.
16-36 (14) By striking "one time fee" and inserting in lieu
16-37 thereof "one-time fee" in subsection (b) of Code Section
16-38 48-10-2, relating to annual license fees for operation of
16-39 vehicles and fee for permanent licensing of certain
16-40 trailers.
16-41 (15) By adding "subsection (a) of" preceding "Code" and by
16-42 adding "(a)" preceding "(3)(A)(i)," "(3)(A)(ii),"
16-43 "(3)(A)(iii)," "(10)(A)(i)," "(10)(A)(ii)," and
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LC 9 7939
17- 1 "(10)(A)(iii)" in Code Section 48-10-6, relating to
17- 2 transfers of annual licenses and plates to certain other
17- 3 vehicles, application and fee, and payment of additional
17- 4 fee when substituted vehicle required to have
17- 5 higher-priced plate.
17- 6 (16) By adding "subsection (a) of" preceding "Code" and by
17- 7 adding "(a)" preceding "(3)(A)(i)," "(3)(A)(ii),"
17- 8 "(3)(A)(iii)," "(10)(A)(i)," "(10)(A)(ii)," and
17- 9 "(10)(A)(iii)" in Code Section 48-10-7, relating to rate
17-10 of annual license fee for certain vehicles registered
17-11 during specified parts of year.
17-12 (17) By adding "(a)" preceding "(3)(A)(i)," "(3)(A)(ii),"
17-13 "(3)(A)(iii)," "(10)(A)(i)," "(10)(A)(ii)," and
17-14 "(10)(A)(iii)" in Code Section 48-10-14, relating to
17-15 decrease of allowable maximum weight (license class) for
17-16 trucks and tractors, time, and certain trucks not entitled
17-17 to partial year license.
17-18 (18) By striking "Chapter 8 of Title 48" and inserting in
17-19 lieu thereof "Chapter 8 of this title" in paragraph (3) of
17-20 subsection (a), by striking "(within the the territorial"
17-21 and inserting in lieu thereof "(within the territorial" in
17-22 paragraph (5.1) of subsection (a), and by striking the
17-23 internal designations "(A)" and "(B)" and redesignating
17-24 them as "(i)" and "(ii)", respectively, in subparagraph
17-25 (a)(9)(B) of Code Section 48-13-51, relating to county and
17-26 municipal levies on public accommodations charges for
17-27 promotion of tourism, conventions, and trade shows.
17-28 (19) By striking "Property Tax Amnesty Program" and
17-29 inserting in lieu thereof "property tax amnesty program"
17-30 both times it appears in subsection (a) of Code Section
17-31 48-16A-4, relating to development and administration of
17-32 program, waiver of penalties, duration of program, and
17-33 forms.
17-34 (20) By adding a comma following the word "football" in
17-35 division (2)(A)(x) and by striking "table" and inserting
17-36 in lieu thereof "tables" both times it appears in division
17-37 (2)(A)(xviii) of Code Section 48-17-1, relating to
17-38 definitions of coin operated amusement machines.
17-39 (21) By striking "an sixth" and inserting in lieu thereof
17-40 "a sixth" in subparagraph (a)(1)(B) of Code Section
17-41 48-17-2, relating to license fees, issuance of license,
17-42 display of license, control number, duplicate
17-43 certificates, and application for license or renewal.
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LC 9 7939
SECTION 49.
18- 1 Reserved.
SECTION 50.
18- 2 Reserved.
SECTION 51.
18- 3 Reserved.
SECTION 52.
18- 4 Title 52 of the Official Code of Georgia Annotated, relating
18- 5 to waters of the state, ports, and watercraft, is amended as
18- 6 follows:
18- 7 (1) By striking "dock-related" and inserting in lieu
18- 8 thereof "dock related" in subsection (b) of Code Section
18- 9 52-2-10, relating to applicability of traffic laws to
18-10 roads within Georgia Ports Authority's jurisdiction.
18-11 (2) By striking "in their discretion" and inserting in
18-12 lieu thereof "in its discretion" in Code Section 52-5-8,
18-13 relating to manner of payment for stock, auction sale of
18-14 stock upon default by subscriber, and giving delinquent
18-15 subscriber notice of auction sale.
18-16 (3) By deleting the comma following "vessel" in paragraph
18-17 (19) of Code Section 52-7-3, relating to definitions of
18-18 registration, operation, and sale of watercraft.
18-19 (4) By striking "over which such person" and inserting in
18-20 lieu thereof "over whom such person" in subsections (m)
18-21 and (n) of Code Section 52-7-8.2, relating to restrictions
18-22 on operation of personal watercraft.
18-23 (5) By striking "ten point" and inserting in lieu thereof
18-24 "ten-point" wherever it appears in Code Section 52-7-11,
18-25 relating to lights on vessels.
18-26 (6) By striking "being towed is wearing" and inserting in
18-27 lieu thereof "being towed are wearing" in subsection (b)
18-28 of Code Section 52-7-16, relating to towing persons on
18-29 water skis, aquaplanes, surfboards, etc.
18-30 (7) By striking "ahd" and inserting in lieu thereof "and"
18-31 in paragraph (1) of subsection (b) of Code Section
18-32 52-7-19, relating to regattas, boat races, marine parades,
18-33 tournaments, and exhibitions.
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SECTION 53.
19- 1 Title 53 of the Official Code of Georgia Annotated, relating
19- 2 to wills, trusts, and administration of estates, is amended
19- 3 as follows:
19- 4 (1) By striking "acknowlegement" and inserting in lieu
19- 5 thereof "acknowledgment" in subsection (a) of Code Section
19- 6 53-3-61, relating to form and verification of petition for
19- 7 order vacating, etc., earlier probate and service of
19- 8 notice.
SECTION 54.
19- 9 Except for Title 47, the text of Code sections and title,
19-10 chapter, article, part, subpart, Code section, subsection,
19-11 paragraph, subparagraph, division, and subdivision numbers
19-12 and designations as contained in the Official Code of
19-13 Georgia Annotated published under authority of the state by
19-14 the Michie Company in 1982 and contained in Volumes 3
19-15 through 40 of such publication or replacement volumes
19-16 thereto, as amended by the text and numbering of Code
19-17 sections as contained in the 1994 supplements to the
19-18 Official Code of Georgia Annotated published under authority
19-19 of the state in 1994 by the Michie Company, is reenacted and
19-20 shall have the effect of statutes enacted by the General
19-21 Assembly of Georgia. Annotations; editorial notes; Code
19-22 Revision Commission notes; research references; notes on law
19-23 review articles; opinions of the Attorney General of
19-24 Georgia; indexes; analyses; title, chapter, article, part,
19-25 and subpart captions or headings, except as otherwise
19-26 provided in the Code; catchlines of Code sections or
19-27 portions thereof, except as otherwise provided in the Code;
19-28 and rules and regulations of state agencies, departments,
19-29 boards, commissions, or other entities which are contained
19-30 in the Official Code of Georgia Annotated are not enacted as
19-31 statutes by the provisions of this Act. Material which has
19-32 been added in brackets or parentheses and editorial, delayed
19-33 effective date, effect of amendment, or other similar notes
19-34 within the text of a Code section by the editorial staff of
19-35 the publisher in order to explain or to prevent a
19-36 misapprehension concerning the contents of the Code section
19-37 and which is explained in an editorial note is not enacted
19-38 by the provisions of this section and shall not be
19-39 considered a part of the Official Code of Georgia Annotated.
19-40 The reenactment of the statutory portion of the Official
19-41 Code of Georgia Annotated by this Act shall not affect,
19-42 supersede, or repeal any Act of the General Assembly, or
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LC 9 7939
20- 1 portion thereof, which is not contained in the Official Code
20- 2 of Georgia Annotated and which was not repealed by Code
20- 3 Section 1-1-10, specifically including those Acts which have
20- 4 not yet been included in the text of the Official Code of
20- 5 Georgia Annotated because of effective dates which extend
20- 6 beyond the effective date of the Code or the publication
20- 7 date of the Code or its supplements. The provisions
20- 8 contained in other sections of this Act and in the other
20- 9 Acts enacted at the 1995 regular session of the General
20-10 Assembly of Georgia shall supersede the provisions of the
20-11 Official Code of Georgia Annotated reenacted by this
20-12 section.
SECTION 55.
20-13 This Act shall become effective upon its approval by the
20-14 Governor or upon its becoming law without such approval.
SECTION 56.
20-15 All laws and parts of laws in conflict with this Act are
20-16 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97