| HB 379 - Licensure; social security number; child support; certain withholding |
First Reader Summary
A BILL to amend Code Section 2-7-99 and other provisions of the
Official Code of Georgia Annotated, so as to provide for
including the social security number of the applicant on
applications for licensure; to provide for withholding child
support from income and earnings in certain circumstances; and
for other purposes.
| House |
Action |
Senate |
| 2/1/99 |
Read 1st Time |
|
| 2/2/99 |
Read 2nd Time |
|
HB 379 LC 22 3383
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Code Sections 2-7-99, of the Official Code of
1- 2 Georgia Annotated, relating to applications and licensing
1- 3 requirements for pesticide contractor's licenses, certified
1- 4 private applicator's licenses, and certified commercial
1- 5 pesticide applicator's licenses; 7-1-1003 of the Official
1- 6 Code of Georgia Annotated, relating to applications for
1- 7 licenses for mortgage lenders and mortgage brokers, and
1- 8 12-6-50 of the Official Code of Georgia Annotated, relating
1- 9 to applications for registration as professional foresters,
1-10 Article 2 of Chapter 3 of Title 19 of the Official Code of
1-11 Georgia Annotated, relating to marriage licenses and
1-12 ceremonies, Code Section 19-5-12 of the Official Code of
1-13 Georgia Annotated, relating to the form of the judgment and
1-14 decree of divorce, Chapter 6 of Title 19 of the Official
1-15 Code of Georgia Annotated, relating to alimony and child
1-16 support generally, Chapter 11 of Title 19 of the Official
1-17 Code of Georgia Annotated, relating to enforcement of the
1-18 duty to support, Code Section 26-4-41 of the Official Code
1-19 of Georgia Annotated, relating to licenses for pharmacists,
1-20 Chapter 2 of Title 27 of the Official Code of Georgia
1-21 Annotated, relating to licenses, permits, and stamps of the
1-22 Department of Natural Resources, Chapter 10 of Title 31 of
1-23 the Official Code of Georgia Annotated, relating to vital
1-24 records, Chapter 23 of Title 33 of the Official Code of
1-25 Georgia Annotated, relating to licensing of agents,
1-26 subagents, counselors, and adjusters, Chapter 5 of Title 40
1-27 of the Official Code of Georgia Annotated, relating to
1-28 drivers' licenses, Chapter 1 of Title 43 of the Official
1-29 Code of Georgia Annotated, relating to general provisions
1-30 relative to professions and business, Chapter 39A of Title
1-31 43, relating to real estate appraisers, and Chapter 40 of
1-32 Title 43, relating to real estate brokers and salespersons,
1-33 so as to provide for including the social security number of
1-34 the applicant on applications for licensure as a pesticide
1-35 contractor, certified private applicator, certified
1-36 commercial pesticide applicator, mortgage lender, mortgage
1-37 broker, pharmacist, insurance agency, insurance agent or
-1-
2- 1 subagent, insurance counselor or adjuster, real estate
2- 2 appraiser, real estate broker or salesperson, on
2- 3 applications for registration as a professional forester, on
2- 4 applications for marriage licenses and drivers' licenses, on
2- 5 applications for licenses to practice a profession or
2- 6 business to be issued by a state examining board and
2- 7 applications for game and fish licenses; to provide for
2- 8 including the social security number of one or both parties
2- 9 on orders for child support or modifications of orders for
2-10 child support, orders of legitimation, acknowledgments of
2-11 paternity, final orders in paternity actions, proposed
2-12 consent orders, and income deduction orders; to provide for
2-13 including social security numbers on death certificates and
2-14 records of divorce, dissolution of marriage, or annulment
2-15 filed with the state registrar; to provide for state-wide
2-16 jurisdiction for the state agency and any administrative
2-17 tribunal and for transfer among local jurisdictions; to
2-18 authorize issuance of an order for income deduction without
2-19 amendment to the child support order or further action by
2-20 the entity which issued the order in certain circumstances;
2-21 to provide for the issuance of administrative subpoenas or
2-22 subpoenas duces tecum by the Office of Child Support
2-23 Enforcement in certain circumstances and for penalties for
2-24 nonresponse; to provide for transmission of copies of
2-25 completed marriage licenses to the state registrar and
2-26 remove provisions relating to application supplement
2-27 marriage report forms; to provide for withholding child
2-28 support from income and earnings in certain circumstances;
2-29 to provide for related matters; to repeal conflicting
2-30 laws; and for other purposes.
2-31 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2-32 SECTION 1.
2-33 Code Section 2-7-99 of the Official Code of Georgia
2-34 Annotated, relating to applications and licensing
2-35 requirements for pesticide contractor's licenses, certified
2-36 private applicator's licenses, and certified commercial
2-37 pesticide applicator's licenses, is amended by striking in
2-38 their entirety paragraph (2) of subsection (a), subparagraph
2-39 (b)(1)(B), and subparagraph (b)(2)(B) and inserting in lieu
2-40 thereof the following:
2-41 "(2) Application for license; form; content. Application
2-42 for a pesticide contractor's license shall be made in
2-43 writing to the Commissioner on a designated form
-2-
3- 1 obtained from the Commissioner's office. Each
3- 2 application for a license shall contain information
3- 3 regarding the applicant's qualifications and proposed
3- 4 operations and shall include the following:
3- 5 (A) The full name and social security number of the
3- 6 person applying for the license;
3- 7 (B) If the applicant is a person other than an
3- 8 individual, the full name of each member of the firm
3- 9 or partnership or the names and social security
3-10 numbers of the principal officers of the association,
3-11 corporation, or group;
3-12 (C) The principal business address of the applicant in
3-13 this state and elsewhere;
3-14 (D) If applicable, the name and address of an attorney
3-15 in fact pursuant to the requirements of Chapter 5 of
3-16 this title, the 'Department of Agriculture
3-17 Registration, License, and Permit Act';
3-18 (E) The model, make, horsepower, and size of any
3-19 equipment used by the applicant to apply pesticides;
3-20 and
3-21 (F) Any other necessary information prescribed by the
3-22 Commissioner."
3-23 "(B) Application for license; form; content.
3-24 Application for a license shall be made in writing to
3-25 the Commissioner on a designated form obtained from
3-26 the Commissioner's office. Each application shall
3-27 contain information regarding the applicant's
3-28 qualifications and proposed operations and shall
3-29 include the following:
3-30 (i) The name and social security number of the
3-31 person applying for the license;
3-32 (ii) The complete home address and mailing address
3-33 of the applicant; and
3-34 (iii) Any other information pertinent to the
3-35 applicant's operation."
3-36 "(B) Application for license; form; content.
3-37 Application for a license shall be made in writing to
3-38 the Commissioner on a designated form obtained from
3-39 the Commissioner's office. Each application shall
3-40 contain information regarding the applicant's
-3-
4- 1 qualifications and proposed operations and shall
4- 2 include the following:
4- 3 (i) The full name and social security number of the
4- 4 person applying for the license;
4- 5 (ii) The principal business address of the applicant
4- 6 in this state and elsewhere;
4- 7 (iii) If applicable, the name and address of an
4- 8 attorney in fact pursuant to the requirements of
4- 9 Chapter 5 of this title, the 'Department of
4-10 Agriculture Registration, License, and Permit Act';
4-11 and
4-12 (iv) Any other necessary information prescribed by
4-13 the Commissioner."
4-14 SECTION 2.
4-15 Code Section 7-1-1003 of the Official Code of Georgia
4-16 Annotated, relating to applications for licenses for
4-17 mortgage lenders and mortgage brokers, is amended by
4-18 striking in its entirety subsection (b) and inserting in
4-19 lieu thereof the following:
4-20 "(b) The application shall include the following:
4-21 (1) The legal name, social security number, residence,
4-22 and business address of the applicant and, if the
4-23 applicant is a partnership, association, or corporation,
4-24 of every member, officer, and director thereof;
4-25 (2) The name under which the applicant will conduct
4-26 business in Georgia;
4-27 (3) The complete address of the applicant's initial
4-28 registered office and any other locations at which the
4-29 applicant will engage in any business activity covered
4-30 by this article;
4-31 (4) The general plan and character of the business;
4-32 (5) A financial statement of the applicant; and
4-33 (6) Such other data, financial statements, and pertinent
4-34 information as the department may require with respect
4-35 to the applicant, its directors, trustees, officers,
4-36 members, agents, or ultimate equitable owners of 10
4-37 percent or more of the applicant."
-4-
5- 1 SECTION 3.
5- 2 Code Section 12-6-50 of the Official Code of Georgia
5- 3 Annotated, relating to applications for registration as
5- 4 professional foresters, is amended by striking in its
5- 5 entirety subsection (a) and inserting in lieu thereof the
5- 6 following:
5- 7 "(a) Applications for registration shall be made on forms
5- 8 prescribed and furnished by the board; shall contain
5- 9 statements made under oath, showing the applicant's social
5-10 security number, education, and a detailed summary of the
5-11 applicant's technical work; and shall contain not fewer
5-12 than five references, of whom three or more shall be
5-13 registered foresters having personal or professional
5-14 knowledge of the applicant's forestry experience."
5-15 SECTION 4.
5-16 Article 2 of Chapter 3 of Title 19 of the Official Code of
5-17 Georgia Annotated, relating to marriage licenses and
5-18 ceremonies, is amended by striking in their entirety Code
5-19 Section 19-3-33, relating to marriage license applications,
5-20 and 19-3-34, relating to filing applications, using
5-21 applications, and transmissions to the state registrar, and
5-22 inserting in lieu thereof the following:
5-23 "19-3-33.
5-24 (a) A marriage license shall be issued on written
5-25 application therefor, made by the persons seeking the
5-26 license, verified by oath of the applicants. The
5-27 application shall state that there is no legal impediment
5-28 to the marriage and shall give the full present name of
5-29 the proposed husband and the full present name of the
5-30 proposed wife with their social security numbers, dates of
5-31 birth, their present addresses, and the names of the
5-32 father and mother of each, if known. If the names of the
5-33 father or mother of either are unknown, the application
5-34 shall so state. (b) An application supplement-marriage report shall be
5-36 prepared in connection with each marriage license. Except
5-37 for the information in paragraph (3) of this subsection,
5-38 the application supplement-marriage report shall be
5-39 completed as a part of each application for a marriage
5-40 license. The application supplement-marriage report shall
5-41 state, at a minimum, the following: (1) The full name, date of birth, and social security
6- 2 number for each applicant; (2) The number this marriage would be for each
6- 4 applicant; and (3) After the ceremonial marriage has been performed,
6- 6 the date of the marriage ceremony and the county where
6- 7 the marriage ceremony occurred."
6- 8 "19-3-34.
6- 9 (a) Except as provided in subsection (b) of this Code
6-10 section, the The application for a marriage license shall
6-11 be filed in the office of the judge of the probate court
6-12 before a marriage license shall be issued and shall remain
6-13 in the permanent files in the office of the judge. It may
6-14 be used as evidence in any court of law under the rules of
6-15 evidence made and provided in similar cases. A copy of
6-16 the marriage license application shall be transmitted to
6-17 the state registrar in accordance with Code Section
6-18 31-10-21. (b) The application supplement-marriage report form
6-20 provided for in Code Section 19-3-33 shall be transmitted
6-21 to the state registrar pursuant to Code Section 31-10-21.
6-22 No original or duplicate application supplement-marriage
6-23 report form need be retained by any official or employee
6-24 of the probate court beyond the time required for
6-25 transmission to the state registrar of vital records and
6-26 confirmation of such transmission and receipt. While in
6-27 the temporary custody of the probate court, application
6-28 supplement-marriage report forms shall not be available
6-29 for public inspection or copying or admissible in any
6-30 court of law."
6-31 SECTION 5.
6-32 Chapter 6 of Title 19 of the Official Code of Georgia
6-33 Annotated, relating to alimony and child support generally,
6-34 is amended by inserting in Code Section 19-6-26, relating to
6-35 definitions and jurisdiction, a new subsection to be
6-36 designated subsection (f) to read as follows:
6-37 "(f) In matters relating to the establishment of paternity
6-38 or to establishment of support orders, without obtaining
6-39 an order from a judicial tribunal and for purposes of
6-40 exerting and retaining jurisdiction and venue of IV-D
6-41 cases:
-6-
7- 1 (1) The state agency and any administrative tribunal
7- 2 with authority to hear child support and paternity cases
7- 3 may exercise state-wide jurisdiction; and
7- 4 (2) A case may be transferred among local jurisdictions
7- 5 in the state without need for any additional filing by
7- 6 the petitioner, or service of process upon the
7- 7 respondent, to retain jurisdiction over the parties."
7- 8 SECTION 6.
7- 9 Said chapter is further amended in Code Section 19-6-32,
7-10 relating to income deduction orders for child support, and
7-11 their entry, effective date, and hearings thereon, by
7-12 striking in their entirety paragraph (2) of subsection (a)
7-13 and paragraph (1) of subsection (a.1) and inserting in lieu
7-14 thereof the following:
7-15 "(2) For all child support orders and spousal support
7-16 orders enforced pursuant to subsection (d) of Code
7-17 Section 19-11-6, the IV-D agency shall be authorized to
7-18 issue an order for income deduction without need for any
7-19 amendment to the order involved or any further action by
7-20 the court or entity that issued it, provided that an
7-21 opportunity for a hearing before a court, a referee of
7-22 the court, or an administrative law judge is afforded.
7-23 Such order may be issued electronically by the IV-D
7-24 agency."
7-25 "(a.1)(1) All child support orders which are initially
7-26 issued in this state on or after January 1, 1994, and
7-27 are not at the time of issuance being enforced by the
7-28 IV-D agency shall provide for the immediate withholding
7-29 of such support from the wages income and earnings of
7-30 the person required by that order to furnish support
7-31 unless:
7-32 (A) The court issuing the order finds there is good
7-33 cause not to require such immediate withholding; or
7-34 (B) A written agreement is reached between both
7-35 parties which provides for an alternative arrangement.
7-36 For purposes of this paragraph, any finding that there
7-37 is good cause not to require immediate withholding must
7-38 be based on at least a written determination that
7-39 implementing wage immediate income and earnings
7-40 withholding would not be in the best interest of the
7-41 child and proof of timely payment of previously ordered
-7-
8- 1 support in cases involving modification of support
8- 2 orders."
8- 3 SECTION 7.
8- 4 Said chapter is further amended by inserting a new Code
8- 5 section to be designated Code Section 19-6-36 to read as
8- 6 follows:
8- 7 "19-6-36.
8- 8 Every order for child support or modification of an order
8- 9 for child support entered on or after the effective date
8-10 of this Code section shall include the social security
8-11 number of the obligor."
8-12 SECTION 8.
8-13 Chapter 7 of Title 19 of the Official Code of Georgia
8-14 Annotated, relating to the parent and child relationship
8-15 generally, is amended in Code Section 19-7-49, relating to a
8-16 decree of paternity, and costs, by striking subsection (a)
8-17 in its entirety and inserting in lieu thereof the following:
8-18 "(a) On a finding that the alleged father is the father of
8-19 the child, the court shall issue an order designating the
8-20 alleged father as the father of the child. The sole effect
8-21 of the order shall be to establish the duty of the father
8-22 to support the child. The order shall include the father's
8-23 social security number."
8-24 SECTION 9.
8-25 Chapter 11 of Title 19 of the Official Code of Georgia
8-26 Annotated, relating to enforcement of the duty to support,
8-27 is amended by striking in its entirety Code Section
8-28 19-11-11, relating to subpoenas, and inserting in lieu
8-29 thereof the following:
8-30 "19-11-11.
8-31 (a) The department may examine any books, papers, or
8-32 memoranda bearing upon the determination of the ability to
8-33 support and for this purpose may, by means of subpoenas
8-34 issued by its commissioner or his or her duly authorized
8-35 representative, compel the attendance of witnesses and the
8-36 production of relevant documents. Subpoenas of witnesses
8-37 shall be served in the same manner as if issued by a
8-38 superior court. If any person fails to obey a subpoena
8-39 issued and served under this Code section with respect to
8-40 any matter germane to the department's investigation, on
-8-
9- 1 application of the department, through the commissioner of
9- 2 human resources or his or her duly authorized
9- 3 representative, the superior court of the county in which
9- 4 the person was required to appear may issue an order
9- 5 requiring the person to comply with the subpoena and to
9- 6 testify and to produce the relevant documents.
9- 7 (b) When necessary in the discharge of the duties of the
9- 8 Office of Child Support Enforcement to establish, modify,
9- 9 or enforce a child support order, the office may issue an
9-10 administrative subpoena or subpoena duces tecum to an
9-11 agency of this state or any other state or of a county or
9-12 municipal corporation; to a board or commission; or to any
9-13 private entity or individual or to any representative of
9-14 such an agency, board, commission, or private entity and
9-15 impose penalties for failure to respond to such a
9-16 subpoena. Notwithstanding any provision of law to the
9-17 contrary, this state shall recognize and enforce any
9-18 subpoena or subpoena duces tecum issued by the IV-D agency
9-19 of another state."
9-20 SECTION 10.
9-21 Said chapter is further amended by striking in its entirety
9-22 Code Section 19-11-13, relating to determination of
9-23 paternity, acknowledgment, and legal proceedings, and
9-24 inserting in lieu thereof the following:
9-25 "19-11-13.
9-26 (a) Whenever the department receives an application for
9-27 services under this article on behalf of a child born out
9-28 of wedlock and the child's mother identifies in writing
9-29 the putative father of the child, the department may make
9-30 an investigation of the surrounding circumstances and may
9-31 request that the putative father acknowledge paternity
9-32 under oath. If the department is unable to secure such an
9-33 acknowledgment, the department may initiate legal
9-34 proceedings to establish the paternity of the child,
9-35 unless the department determines, in accordance with
9-36 standards prescribed pursuant to the federal Social
9-37 Security Act, that it is against the best interests of the
9-38 child to do so.
9-39 (b) The social security number of the father or putative
9-40 father shall be recorded on any acknowledgement of
9-41 paternity and on the final order in a paternity action."
-9-
10- 1 SECTION 11.
10- 2 Said chapter is further amended in Code Section 19-11-15,
10- 3 relating to voluntary support agreements, by striking in
10- 4 their entirety subsections (a), (b), and (c) and inserting
10- 5 in lieu thereof the following:
10- 6 "(a) When the department has completed its investigation,
10- 7 has determined the ability of the absent noncustodial
10- 8 parent to support his or her child or children in
10- 9 accordance with guidelines prescribed in Code Section
10-10 19-6-15, and believes that the absent noncustodial parent
10-11 is able to furnish a certain amount of support, the
10-12 department may, as an exception to Code Section 9-12-18,
10-13 request the absent noncustodial parent to enter into a
10-14 proposed consent order and income and earnings deduction
10-15 order to provide the support amount and accident and
10-16 sickness insurance coverage consistent with Code Section
10-17 19-11-26 prior to the filing of an action with the
10-18 superior court. The proposed consent order and income and
10-19 earnings deduction order shall include the social security
10-20 number of the noncustodial parent. The orders may not be
10-21 set aside on the grounds that the parties consented
10-22 thereto prior to the filing of the action. An income and
10-23 earnings deduction order shall issue consistent with Code
10-24 Sections 19-6-30 through 19-6-34. If the department is
10-25 unable to secure a proposed consent order from the
10-26 noncustodial parent, the department may file an action in
10-27 superior court or may initiate an administrative action
10-28 pursuant to Chapter 13 of Title 50, the 'Georgia
10-29 Administrative Procedure Act.'
10-30 (b) The administrative hearing shall be conducted within
10-31 20 days of the filing date, the absent noncustodial parent
10-32 shall be notified of the hearing at least ten days before
10-33 it is held, and the hearing decision shall issue not more
10-34 than ten days after the hearing.
10-35 (c) The determination of the administrative law judge
10-36 regarding the ability to provide support and the ability
10-37 to provide accident and sickness insurance coverage shall
10-38 be delivered to the absent parent obligor personally or
10-39 shall be sent by regular mail. The final order shall
10-40 include the social security numbers of the parents, an
10-41 order for income and earnings deduction consistent with
10-42 Code Sections 19-6-30 through 19-6-34, and shall inform
10-43 the absent parent obligor in plain language:
-10-
11- 1 (1) That failure to support may result in the
11- 2 foreclosure of liens on his or her personal or real
11- 3 property, in garnishment of his or her wages income or
11- 4 earnings or other personalty, or in other collection
11- 5 actions; and
11- 6 (2) That the absent parent obligor has the right to
11- 7 appeal the determination within 30 days."
11- 8 SECTION 12.
11- 9 Code Section 26-4-41 of the Official Code of Georgia
11-10 Annotated, relating to licenses for pharmacists, is amended
11-11 by striking subsection (a) in its entirety and inserting in
11-12 lieu thereof the following:
11-13 "(a) To obtain a license to engage in the practice of
11-14 pharmacy, an applicant for licensure by examination shall:
11-15 (1) Have submitted a written application in the form
11-16 prescribed by the board, which shall include the
11-17 applicant's social security number;
11-18 (2) Have attained the age of majority;
11-19 (3) Be of good moral character;
11-20 (4) Have graduated and received a professional
11-21 undergraduate degree from a college or school of
11-22 pharmacy that has been approved by the board;
11-23 (5) Have completed an internship or other program that
11-24 has been approved by the board or demonstrated to the
11-25 board's satisfaction that experience in the practice of
11-26 pharmacy which meets or exceeds the minimum internship
11-27 requirements of the board;
11-28 (6) Have successfully passed an examination or
11-29 examinations approved by the board; and
11-30 (7) Have paid the fees specified by the board for the
11-31 examination and any related materials and have paid for
11-32 the issuance of the license."
11-33 SECTION 13.
11-34 Chapter 2 of Title 27 of the Official Code of Georgia
11-35 Annotated, relating to licenses, permits, and stamps of the
11-36 Department of Natural Resources, is amended by inserting a
11-37 new Code section to be designated Code Section 27-2-31 to
11-38 read as follows:
-11-
12- 1 "27-2-31.
12- 2 On the application for any license required by this title,
12- 3 the department shall require the social security number of
12- 4 the applicant."
12- 5 SECTION 14.
12- 6 Chapter 10 of Title 31 of the Official Code of Georgia
12- 7 Annotated, relating to vital records, is amended in Code
12- 8 Section 31-10-15, relating to death certificates, by
12- 9 striking subsection (a) in its entirety and inserting in
12-10 lieu thereof the following:
12-11 "(a) A certificate of death, on which shall be written the
12-12 social security number of the decedent, for each death
12-13 which occurs in this state shall be filed with the local
12-14 registrar of the county in which the death occurred or the
12-15 body was found within ten days after the death as follows:
12-16 (1) If the place of death is unknown but the dead body
12-17 is found in this state, the certificate of death shall
12-18 be completed and filed in accordance with this Code
12-19 section. The place where the body is found shall be
12-20 shown as the place of death. If the date of death is
12-21 unknown, it shall be the date the body was found and the
12-22 certificate marked as such; or
12-23 (2) When death occurs in a moving conveyance in the
12-24 United States and the body is first removed from the
12-25 conveyance in this state, the death shall be registered
12-26 in this state and the place where it is first removed
12-27 shall be considered the place of death. When a death
12-28 occurs on a moving conveyance while in international
12-29 waters or airspace or in a foreign country or its
12-30 airspace and the body is first removed from the
12-31 conveyance in this state, the death shall be registered
12-32 in this state but the certificate shall show the actual
12-33 place of death insofar as can be determined."
12-34 SECTION 15.
12-35 Said chapter is further amended in Code Section 31-10-21,
12-36 relating to records of marriage licenses, by striking in
12-37 their entirety subsections (b), (d), and (e) and inserting
12-38 in lieu thereof the following:
12-39 "(b) The official who issues the marriage license shall
12-40 cause to be prepared the record on the application
12-41 supplement-marriage report form, including at a minimum
-12-
13- 1 the information set out in subsection (b) of Code Section
13- 2 19-3-33, upon the basis of information obtained from both
13- 3 of the parties to be married a copy of the marriage
13- 4 license after such license is completed in accordance with
13- 5 subsection (c) of this Code section."
13- 6 "(d) Every official issuing marriage licenses shall
13- 7 complete and forward to the department on or before the
13- 8 tenth day of each calendar month an application
13- 9 supplement-marriage report form for each marriage license
13-10 returned to such official during the preceding calendar
13-11 month a copy of the completed marriage license. Such
13-12 forms may be transmitted in the form of paper or
13-13 electronically.
13-14 (e) The official issuing a marriage license shall keep the
13-15 original of the application and license for the county
13-16 records from which the official may issue certified copies
13-17 but need not retain the prepared application
13-18 supplement-marriage report forms except to the extent
13-19 necessary for transmission of such forms to the registrar
13-20 and confirmation of transmission or receipt."
13-21 SECTION 16.
13-22 Said chapter is further amended in Code Section 31-10-22,
13-23 relating to records of divorces, dissolutions, and
13-24 annulments, by striking subsection (a) in its entirety and
13-25 inserting in lieu thereof the following:
13-26 "(a) A record of each divorce, dissolution of marriage, or
13-27 annulment granted by any court of competent jurisdiction
13-28 in this state shall be filed by the clerk of the court
13-29 with the department and shall be registered if it has been
13-30 completed and filed in accordance with this Code section.
13-31 The record shall be prepared by the petitioner or the
13-32 petitioner's legal representative on a form prescribed and
13-33 furnished by the state registrar and shall include the
13-34 social security number of each party. The record shall be
13-35 presented to the clerk of the court with the petition. In
13-36 all cases, the completed record shall be a prerequisite to
13-37 the granting of the final decree."
13-38 SECTION 17.
13-39 Chapter 23 of Title 33 of the Official Code of Georgia
13-40 Annotated, relating to licensing of agents, subagents,
13-41 counselors, and adjusters, is amended in Code Section
13-42 33-23-3, relating to annual filings for insurance agencies,
-13-
14- 1 by striking subsection (a) in its entirety and inserting in
14- 2 lieu thereof the following:
14- 3 "(a) Each principal office and each branch office of an
14- 4 agency as defined in paragraph (2) of subsection (a) of
14- 5 Code Section 33-23-1 must obtain an agency license prior
14- 6 to commencement of operations and renew such license
14- 7 annually by filing application forms prescribed by the
14- 8 Commissioner. Such filing shall include the following:
14- 9 (1) Name of the agency;
14-10 (2) Mailing address of the agency;
14-11 (3) Location of the agency;
14-12 (4) Names and social security numbers of all owners or,
14-13 if a corporation, all officers and directors of the
14-14 agency and, if any are licensees under this chapter,
14-15 their license numbers;
14-16 (5) Names of all other employees of the agency and, if
14-17 licensed under this chapter, their social security
14-18 numbers and license numbers; and
14-19 (6) List of insurance companies represented by the
14-20 agency."
14-21 SECTION 18.
14-22 Said chapter is further amended in Code Section 33-23-8,
14-23 relating to license applications, by striking subsection (a)
14-24 in its entirety and inserting in lieu thereof the following:
14-25 "(a) An applicant for any license required by this chapter
14-26 shall file with the Commissioner a written application
14-27 upon forms prescribed by the Commissioner. The
14-28 application shall be signed and verified by the oath of
14-29 the applicant and shall include the applicant's social
14-30 security number. As a part of or in connection with such
14-31 application other than one for an agency license, the
14-32 applicant shall state the kinds of insurance proposed to
14-33 be transacted and furnish information concerning the
14-34 applicant's identity, personal history, experience,
14-35 business history, purposes, and any other pertinent facts
14-36 which the Commissioner may by rule or regulation require."
14-37 SECTION 19.
14-38 Chapter 5 of Title 40 of the Official Code of Georgia
14-39 Annotated, relating to drivers' licenses, is amended in Code
14-40 Section 40-5-25, relating to applications and fees, by
-14-
15- 1 striking subsection (c) in its entirety and inserting in
15- 2 lieu thereof the following:
15- 3 "(c) Every such application shall state the full name,
15- 4 social security number, date of birth, sex, and residence
15- 5 address of the applicant; shall briefly describe the
15- 6 applicant; and shall state whether the applicant has
15- 7 theretofore been licensed as a driver and, if so, when and
15- 8 by what state or country, and whether any such license has
15- 9 ever been suspended, revoked, or refused, and, if so, the
15-10 date of and reason for such suspension, revocation, or
15-11 refusal; and shall state such other information as the
15-12 department may require to determine the applicant's
15-13 identity, competence, and eligibility. The department
15-14 shall not issue a license until a complete examination of
15-15 the applicant's record has been completed. The board may
15-16 issue such rules and regulations as shall be necessary for
15-17 the orderly processing of license applications."
15-18 SECTION 20.
15-19 Chapter 1 of Title 43 of the Official Code of Georgia
15-20 Annotated, relating to general provisions relative to
15-21 professions and business, is amended by striking in its
15-22 entirety Code Section 43-1-19.2, relating to license
15-23 applications, and inserting in lieu thereof the following:
15-24 "43-1-19.2.
15-25 (a) Each application for a license to practice a
15-26 profession or business to be issued by a state examining
15-27 board or any agency of the state shall include a question
15-28 as to whether the applicant for such license:
15-29 (1) Has had revoked or suspended or otherwise sanctioned
15-30 any license issued to the applicant by any board or
15-31 agency in Georgia or any other state; or
15-32 (2) Was denied issuance of or, pursuant to disciplinary
15-33 proceedings, refused renewal of a license by any board
15-34 or agency in Georgia or any other state.
15-35 The question shall be answered under oath and the answer
15-36 shall include the name of the board or agency which
15-37 revoked, suspended, denied, refused renewal of, or
15-38 otherwise sanctioned the license.
15-39 (b) Each application for a license to practice a
15-40 profession or business to be issued by a state examining
-15-
16- 1 board of any agency of the state shall require the
16- 2 applicant's social security number."
16- 3 SECTION 21.
16- 4 Chapter 39A of said Title 43, relating to real estate
16- 5 appraisers, is amended in Code Section 43-39A-7, relating to
16- 6 applications, by striking paragraph (1) and inserting in
16- 7 lieu thereof the following:
16- 8 "(1) The name, social security number, and address of
16- 9 the applicant and the name under which the applicant
16-10 intends to conduct business;"
16-11 SECTION 22.
16-12 Chapter 40 of said Title 43, relating to real estate brokers
16-13 and salespersons, is amended in Code Section 43-40-7,
16-14 relating to applications for licenses, by striking paragraph
16-15 (1) in its entirety and inserting in lieu thereof the
16-16 following:
16-17 "(1) The name, social security number, and address of
16-18 the applicant or the name under which he or she intends
16-19 to conduct business and, if the applicant is a
16-20 partnership or limited liability company, the name,
16-21 social security number, and residence address of each
16-22 member thereof and the name under which the partnership
16-23 or limited liability company business is to be conducted
16-24 and, if the applicant is a corporation, the name, social
16-25 security number, and address of each of its principal
16-26 officers;"
16-27 SECTION 23.
16-28 All laws and parts of laws in conflict with this Act are
16-29 repealed.
-16-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
