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| Georgia General Assembly |
HB107.html
01 LC 9 0494
House Bill
107
By: Representative Martin of the 47th
A BILL TO BE
ENTITLED
AN ACT
To amend the Official Code of Georgia Annotated, so as to
correct typographical, stylistic, capitalization, punctuation, and other errors
and omissions in the Official Code of Georgia Annotated and in Acts of the
General Assembly amending the Official Code of Georgia Annotated; to reenact the
statutory portion of the Official Code of Georgia Annotated, as amended; to
provide for necessary or appropriate revisions and modernizations of matters
contained in the Official Code of Georgia Annotated; to repeal portions of the
Code which have become obsolete; to delete portions of the Code which have been
superseded by subsequent state laws; to provide for and to correct citations in
the Official Code of Georgia Annotated and other codes and laws of the state; to
rearrange, renumber, and redesignate provisions of the Official Code of Georgia
Annotated; to provide for other matters relating to the Official Code of Georgia
Annotated; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Reserved.
SECTION 2.
Title 2 of the Official Code of Georgia Annotated, relating
to agriculture, is amended as follows:
(1) By striking
"Upon July 1, 2000," and inserting in its place "On or after July 1, 2000," in
subsection (c) of Code Section 2-21-3, relating to certification requirements
for organic certification and labeling.
SECTION 3.
Reserved.
SECTION 4.
Reserved.
SECTION 5.
Title 5 of the Official Code of Georgia Annotated, relating
to appeal and error, is amended as follows:
(1) By
striking "25,000,000.00" and inserting in its place "$25 million" in subsection
(e) of Code Section 5-6-46, relating to the operation of notice of appeal as
supersedeas in civil cases, requirement of supersedeas bond, fixing of amount,
procedure upon no or insufficient filing, effect of bond as to liability of
surety, and punitive damages.
SECTION 6.
Reserved.
SECTION 7.
Title 7 of the Official Code of Georgia Annotated, relating
to banking and finance, is amended as follows:
(1) By
striking the period and inserting in its place "; and" at the end of paragraph
(1) of Code Section 7-1-282, relating to the direct leasing of personal and real
property by banks.
(2) By striking "corporation" and
inserting in its place "company" in subsection (i) of Code Section 7-1-1004,
relating to the investigation of an applicant for a license as a mortgage lender
or mortgage broker and its officers, audits, and education, experience, and
other requirements relative to licensees and
registrants.
(3) By striking "licensed, registered,"
and inserting in its place "licensed or registered" in subsection (a) of Code
Section 7-1-1018, relating to cease and desist orders, enforcement procedure,
civil penalty, and fines.
(4) By striking "12 U.S.C."
and inserting in its place "15 U.S.C." in subsection (c) of Code Section 7-5-4,
relating to credit card charges and fees.
SECTION 8.
Title 8 of the Official Code of Georgia Annotated, relating
to buildings and housing, is amended as follows:
(1)
By striking "A90.1a-1976" and inserting in its place "A90.1-1976" in subsection
(b) of Code Section 8-2-102, relating to inspections of
manlifts.
(2) By striking "as long as" and inserting
in its place "so long as" in subsection (c) of Code Section 8-3-30, relating to
general powers of housing authorities and applicability of laws as to
acquisition, operation, or disposition of property by other public bodies.
SECTION 9.
Title 9 of the Official Code of Georgia Annotated, relating
to civil practice, is amended as follows:
(1) By
striking "obligors" and inserting in its place "obligors," and by striking
"contractors," and inserting in its place "contractors" in the introductory
language and by striking "party;" and inserting in its place "party," in
paragraph (2) of subsection (a) of Code Section 9-10-31, relating to the actions
against certain codefendants residing in different counties, pleading
requirements, and application.
(2) By striking
"Superior" and inserting in its place "superior" and by striking "State" and
inserting in its place "state" in subsection (b) of Code Section 9-11-3,
relating to the commencement of a civil action and the filing of a civil case
filing form.
SECTION 10.
Title 10 of the Official Code of Georgia Annotated, relating
to commerce and trade, is amended as follows:
(1) By
striking "subparagaraph" and inserting in its place "subparagraph" in
subparagraph (b)(16)(G) of Code Section 10-1-393, relating to unlawful, unfair,
or deceptive practices in consumer transactions.
(2)
By striking "advisor" and inserting in its place "adviser" in paragraph (1) and
by striking the period and inserting in its place "; and" at the end of
paragraph (2) of subsection (b) of Code Section 10-4-107.1, relating to tobacco
contracts.
SECTION 11.
Reserved.
SECTION 12.
Title 12 of the Official Code of Georgia Annotated, relating
to conservation and natural resources, is amended as
follows:
(1) By striking "an historical" and inserting
in its place "a historical" in subsection (c) of Code Section 12-3-57, relating
to the historical and cultural museum assistance program of the Division of
Historic Preservation.
(2) By striking "an historic"
and inserting in its place "a historic" in subsection (b) of Code Section
12-3-130, relating to the legislative purpose of the Franklin D. Roosevelt Warm
Springs Pools and Springs Site Commission.
(3) By
inserting a comma after "news release" in the first sentence of paragraph (2) of
subsection (d) of Code Section 12-3-243.1, relating to a master plan for the
management, preservation, protection, and development of Jekyll
Island.
(4) By striking "enjoyed," and inserting in
its place "enjoyed" in paragraph (10) and by striking "authority," and inserting
in its place "authority" in paragraph (14) of Code Section 12-3-474, relating to
powers of the Georgia Agricultural Exposition Authority
generally.
(5) By striking "without" and inserting in
its place "outside" in subsection (b) of Code Section 12-3-573, relating to
revenue bonds of the Georgia Sports Hall of Fame
Authority.
(6) By striking "hereto" and inserting in
its place "to this part" in subsections (a) and (c), by striking "director," and
inserting in its place "director" in subsection (b), and by striking "hereunder"
and inserting in its place "under this part" both times it appears and by
striking "herein" in subsection (d) of Code Section 12-4-48, relating to actions
by the director of the Environmental Protection Division of the Department of
Natural Resources to enforce the Oil and Gas and Deep Drilling Act of 1975,
civil penalties, and the effect of the Code section on a cause of action by
royalty owners, lienholders, or other claimants.
(7)
By striking "hereunder" and inserting in its place "under this part" in
paragraph (6) of Code Section 12-4-53, relating to prohibited acts under the Oil
and Gas and Deep Drilling Act of 1975.
(8) By
inserting a comma after "1996" in paragraph (3) of subsection (c) of Code
Section 12-5-23.2, relating to waste-water discharge limitations, schedule of
construction milestones, and penalties.
(9) By
striking "hereunder" and inserting in its place "under this Code section" in
paragraph (1) of subsection (k) of Code Section 12-5-31, relating to permits for
withdrawal, diversion, or impoundment of surface waters, and monitoring,
recording, and reporting water withdrawn by certain irrigation
systems.
(10) By striking "proceedings" and inserting
in its place "proceeds" in the introductory language of subsection (b) of Code
Section 12-5-137, relating to the procedure for confiscation and sale of
contraband equipment and defenses.
(11) By striking
"not withstanding" and inserting in its place "notwithstanding" in subsection
(a) of Code Section 12-5-180.1, relating to allocating water and waste-water
usage among tenants and charging tenants for
usage.
(12) By inserting a hyphen between "federal"
and "aid" in Code Section 12-6-8, relating to federal financial aid and
expenditure of funds for forest farming and marketing of forest
products.
(13) By striking "Title 43" and inserting in
its place "Title 43," in Code Section 12-6-46, relating to meetings and officers
of the State Board of Registration for Foresters.
(14)
By striking "Title 43 shall" and inserting in its place "Title 43, shall" in the
first sentence of Code Section 12-6-51, relating to examinations with regard to
the practice of professional forestry.
(15) By
striking "provided further that the forgoing" and inserting in its place
"provided, further, that the foregoing" in subsection (d) of Code Section
12-6-90, relating to the permit required for burning woods, lands, marshes, or
other flammable vegetation.
(16) By striking
"procedure" and inserting in its place "procedures" in subsection (c) of Code
Section 12-8-2, relating to dumping sanitary sewer, kitchen, or toilet wastes in
storm or sanitary sewers and forfeiture of involved
vehicles.
(17) By striking "subsections (a) and (b)
of" in paragraph (3) of subsection (b) of Code Section 12-8-34, relating to
labeling rigid plastic containers or bottles.
(18) By
striking "constructed; provided" and inserting in its place "constructed,
provided" in paragraph (5) of Code Section 12-8-56, relating to powers of
regional solid waste management authorities.
(19) By
striking "fossil-fuel-fired" and inserting in its place "fossil fuel fired" in
paragraph (28) of subsection (a) of Code Section 12-9-3, relating to definitions
relating to air quality.
(20) By striking "10" and
inserting in its place "ten" and by inserting a comma after "testing" in
subsection (h) of Code Section 12-9-45, relating to certificate of emission
inspection.
SECTION 13.
Title 13 of the Official Code of Georgia Annotated, relating
to contracts, is amended as follows:
(1) By striking
"thereof," and inserting in its place "thereof" in the introductory language in
subsection (b) of Code Section 13-10-1, relating to bid bonds or other
securities, bonds or other security required on contracts for public works, bids
by affiliated corporations, and approval of bonds as to form and solvency.
SECTION 14.
Title 14 of the Official Code of Georgia Annotated, relating
to corporations, partnerships, and associations, is amended as
follows:
(1) By striking "described," and inserting in
its place "described" in subsection (b) of Code Section 14-2-601, relating to
authorized shares of business corporations.
(2) By
striking "director; provided that," and inserting in its place "director,
provided that" in paragraph (2) of subsection (d), by striking "Code section
14-2-1110" and inserting in its place "Code Section 14-2-1110" in paragraph (2)
of subsection (e), and by striking "does not purport" and inserting in its place
"do not purport" in paragraph (3) of subsection (e) of Code Section 14-2-624,
relating to share options.
(3) By striking
"shareholders" and inserting in its place "shareholder" in subsection (d) of
Code Section 14-2-732, relating to shareholder
agreements.
(4) By striking "Code Section 14-2-732"
and inserting in its place "Code Section 14-2-732," in subsection (c) of Code
Section 14-2-801, relating to the requirement for and duties of the board of
directors.
SECTION 15.
Title 15 of the Official Code of Georgia Annotated, relating
to courts, is amended as follows:
(1) By striking
"regards" and inserting in its place "regard" in paragraph (2) of subsection (a)
of Code Section 15-5-82, relating to the authority of the Georgia Courts
Automation Commission, appointment of committees, annual report, providing
courts access to data bases, and court workload not to be increased by use of
electronically transferred information.
(2) By
striking "subsection (b)" and inserting in its place "subsection (e)" in the
introductory language of subsection (b) and by striking "subsections (e) and
(f)" and inserting in its place "subsections (g) and (h)" in the introductory
language of subsection (c) of Code Section 15-6-77.1, relating to additional
fees of clerks of superior courts in counties with populations of 550,000 or
more and disposition of such fees.
(3) By striking
"probate court" and inserting in its place "probate court," the first time it
appears in paragraph (2) of subsection (a) of Code Section 15-9-141, relating to
retired judges of the probate courts, petitioning Governor for senior judge
appointment, written requests for assistance, and
compensation.
(4) By striking "Code section" and
inserting in its place "Code section," in paragraph (3) of subsection (d) of
Code Section 15-11-18, relating to creation of juvenile courts, terms and
compensation of judges, state grants for judicial salaries, qualifications,
presiding judge, practice of law, actions by judges, administration, and
expenditures.
(5) By striking "acts," and inserting in
its place "acts" in Code Section 15-11-68, relating to counseling or counsel and
advice for children and their parents or guardians.
(6)
By striking "15-11-15" and inserting in its place "15-11-29" in subsection (b)
of Code Section 15-11-112, relating to notice of abortion on unemancipated minor
and hearing.
(7) By striking "15-11-24 through
15-11-26" and inserting in its place "15-11-38, 15-11-38.1, and 15-11-39" in
Code Section 15-11-113, relating to the time and notice of a
hearing.
(8) By striking "herein fixed" and inserting
in its place "fixed in this subsection" in subsection (a) of Code Section
15-12-61, relating to number of grand jurors, votes necessary for indictment or
presentment, alternate grand jurors, and report on preceding grand jury by
foreman or clerk.
(9) By striking "subsection (b)" and
inserting in its place "subsection (a)" in subsection (b) of Code Section
15-18-45, relating to authorization for the Prosecuting Attorneys´ Council
of the State of Georgia to conduct or approve training programs and credit and
reimbursement for attending.
(10) By striking
"Association and" and inserting in its place "Association, and" in the
undesignated paragraph in subsection (a) of Code Section 15-21-143, relating to
the appointment of members and personnel of the Brain and Spinal Injury Trust
Fund Authority and agencies.
SECTION 16.
Title 16 of the Official Code of Georgia Annotated, relating
to crimes and offenses, is amended as follows:
(1) By
striking "value," and inserting in its place "value" and by striking "year and
not" and inserting in its place "nor" in paragraph (1) of subsection (a) and by
striking "year and not" and inserting "nor" in subsection (b) of Code Section
16-8-17, relating to the intent to cheat or defraud a
retailer.
(2) By striking "imposed separate" and
inserting in its place "imposed separately" in subsection (c) of Code Section
16-10-33, relating to removal or attempted removal of a weapon from a public
official.
(3) By striking the semicolon at the end of
paragraph (3) and inserting a comma and by striking "in such event" in the
undesignated text of paragraph (3) in subsection (a) of Code Section 16-11-64.3,
relating to an emergency situation and application for an investigation
warrant.
(4) By striking "or noncontrolled" and
inserting in its place "or any noncontrolled" in paragraph (4) of subsection (b)
of Code Section 16-11-106, relating to possession of a firearm or knife during
commission of or attempt to commit certain crimes.
(5)
By striking "30-4-1" and inserting in its place "30-4-2" in subparagraph
(a)(6)(A) of Code Section 16-12-120, relating to certain acts in public transit
buses, rapid rail cars, or stations.
SECTION 17.
Reserved.
SECTION 18.
Reserved.
SECTION 19.
Reserved.
SECTION 20.
Title 20 of the Official Code of Georgia Annotated, relating
to education, is amended as follows:
(1) By striking
"schoolteachers" and inserting in its place "school teachers" in Code Section
20-1-1, relating to the acceptance and adoption of annuity contracts of teachers
hired from other Georgia school systems.
(2) By
striking "20-2-282" and inserting in its place "20-2-200" in Code Section
20-2-108, relating to certification and classification of local school
superintendents and compensation.
(3) By striking
"schoolteachers" and inserting in its place "school teachers" in paragraph (2)
of subsection (d) of Code Section 20-2-142, relating to prescribed courses and
development and dissemination of instructional materials on effect of
alcohol.
(4) By striking "; and" and inserting a
period in its place at the end of subparagraph (b)(1)(A), by striking the period
and inserting a semicolon in its place at the end of subparagraph (b)(1)(B) and
paragraph (2) of subsection (b), and by striking the period and inserting in its
place "; and" at the end of paragraph (3) of subsection (b) of Code Section
20-2-151, relating to general and career education programs, purpose, and
authorized programs.
(5) By striking "state-earned"
and inserting in its place "state earned" both times it appears in paragraph (1)
of subsection (a) of Code Section 20-2-167, relating to the funding for direct
instructional, media center, and staff development costs, a computerized uniform
budget and accounting system, and submission of local budgets to the state
board.
(6) By striking "equivalency" after "(GED)" in
paragraphs (1) and (3) of subsection (a) of Code Section 20-2-204, relating to
paraprofessionals and aides.
(7) By striking "limited
to," and inserting in its place "limited to" in subsection (c) of Code Section
20-2-231, relating to the Georgia Education Leadership
Academy.
(8) By striking "student record" and
inserting in its place "student records" in the second sentence and by striking
"education agency" and inserting in its place "educational agency" in subsection
(c) of Code Section 20-2-320, relating to the Education Information Steering
Committee and comprehensive educational information
network.
(9) By striking "equivalency" after "(GED)"
in paragraph (3) of subsection (c) of Code Section 20-2-690, relating to
educational entities and the requirements for private schools and home study
programs.
(10) By striking "Code Section 20-2-769" and
inserting in its place "Code Section 20-2-154.1" in subsection (b) of Code
Section 20-2-751.6, relating to the suspension policy for students committing
acts of physical violence resulting in injury to
teachers.
(11) By striking "telephone call or" and
inserting in its place "telephone call and" in Code Section 20-2-766, relating
to chronic disciplinary problem students returning from expulsion or
suspension.
(12) By striking "schoolteachers" and
inserting in its place "school teachers" in Code Section 20-2-832, relating to
the Governor´s power to use allocated funds to pay teachers and borrowing
to replace funds.
(13) By striking "schoolteacher" and
inserting in its place "school teacher" in paragraph (2) of subsection (a) of
Code Section 20-2-833, relating to additional payments to supervisors of student
teachers.
(14) By striking "schoolteacher" and
inserting in its place "school teacher" the five times it appears in paragraph
(4) of Code Section 20-2-880, relating to definitions relating to health
insurance plans for public school teachers.
(15) By
striking "schoolteachers" and inserting in its place "school teachers" in
subsection (a) of Code Section 20-2-881, relating to the duties of the Board of
Community Health to establish plans, rules and regulations, extent of coverage,
and recommendations to General Assembly for schedule of maximum fees for
hospitals and practitioners.
(16) By striking
"schoolteacher" and inserting in its place "school teacher" in subsection (a)
and four times in subsection (c), by striking "schoolteachers" and inserting in
its place "school teachers" in subsections (a) and (b), and by striking
"schoolteachers´" and inserting in its place "school teachers´" in
subsection (c) of Code Section 20-2-885, relating to coverage for retiring
school teachers and their dependents.
(17) By striking
"schoolteacher" and inserting in its place "school teacher" the two times it
appears in subsection (a) of Code Section 20-2-887, relating to coverage for
dependents where both husband and wife are eligible to be
insured.
(18) By striking "schoolteacher" and
inserting in its place "school teacher" in Code Section 20-2-1182, relating to
persons other than students who insult or abuse school teachers in presence of
pupils may be ordered to leave school premises.
(19)
By striking "House University System of Georgia Committee" and inserting in its
place "House Higher Education Committee" in paragraph (7) of subsection (b) of
Code Section 20-3-250.5, relating to administration, general powers, and duties
of the Nonpublic Postsecondary Education
Commission.
(20) By striking "education development
(GED) certificate" and inserting in its place "educational development (GED)
diploma" in division (2)(C)(i) of Code Section 20-3-411, relating to definitions
relating to tuition equalization grants at private colleges and
universities.
(21) By striking "his" and inserting in
its place "his or her" in paragraphs (1), (2), (6), (7), and (8), by striking
"chairman" and inserting in its place "chairperson" in paragraphs (1), (6), and
(7), and by striking "House University System of Georgia Committee" and
inserting in its place "House Higher Education Committee" in paragraph (6) of
subsection (a) of Code Section 20-3-423, relating to the creation, composition,
and duties of the selection committee for North Georgia College military
scholarships.
(22) By striking "equivalency" after
"(GED)" in paragraphs (16), (21), and (22) of Code Section 20-3-519, relating to
definitions relating to HOPE scholarships and
grants.
(23) By striking "equivalency" after "(GED)"
in division (a)(2)(B)(i) of Code Section 20-3-519.2, relating to eligibility
requirements for a HOPE scholarship at a public postsecondary
institution.
(24) By striking "equivalency" after
"(GED)" in division (a)(2)(B)(i) of Code Section 20-3-519.3, relating to
eligibility requirements for a HOPE scholarship at a private postsecondary
institution.
(25) By striking "equivalency" after
"(GED)" in subsection (a) of Code Section 20-3-519.6, relating to HOPE GED
vouchers.
(26) By striking "equivalency diploma" and
inserting in its place "(GED) diploma" in division (2)(B)(ii) of Code Section
20-4-11, relating to powers of the State Board of Technical and Adult
Education.
(27) By striking "division" and inserting
in its place "office" in paragraph (2) of Code Section 20-5-45, relating to the
directors of library systems and their duties and
responsibilities.
(28) By striking "division" and
inserting in its place "office" in subsection (c) of Code Section 20-5-47,
relating to written constitutions for library boards of
trustees.
(29) By striking "the" before "technical" in
subsection (a) of Code Section 20-14-3, relating to membership, officers, and
meetings of the Education Coordinating Council.
(30)
By striking "Board of Regents, officials" and inserting in its place "board of
regents and officials" in subsection (b) of Code Section 20-15-3, relating to
establishment of the Georgia Medical Center Authority and appointment of
members, terms of office, vacancies, removal from office, and
compensation.
SECTION 21.
Reserved.
SECTION 22.
Reserved.
SECTION 23.
Title 23 of the Official Code of Georgia Annotated, relating
to equity, is amended as follows:
(1) By striking
"sales. Provided" and inserting in its place "sales; provided" and by striking
"herein" and inserting in its place "in this Code section" in Code Section
23-3-44, relating to redemption and notice.
SECTION 24.
Reserved.
SECTION 25.
Reserved.
SECTION 26.
Reserved.
SECTION 27.
Title 27 of the Official Code of Georgia Annotated, relating
to game and fish, is amended as follows:
(1) By
striking "the Code" and inserting in its place "this Code" in subsection (c) of
Code Section 27-2-31, relating to wildlife control permits.
(2) By striking "commposite" and inserting in lieu
thereof "composite" in paragraph (18) of subsection (b) of Code Section
27-4-130.1, relating to open seasons, creel and possession limits, and minimum
size limits for certain finfish species.
SECTION 28.
Reserved.
SECTION 29.
Title 29 of the Official Code of Georgia Annotated, relating
to guardian and ward, is amended as follows:
(1) By
striking "(=usname of ward)" and inserting in its place "(name of ward)"
in subsection (d) of Code Section 29-6-11, relating to for what purposes
expenditures from a ward´s estate are authorized and court orders
permitting other expenditures.
SECTION 30.
Title 30 of the Official Code of Georgia Annotated, relating
to handicapped persons, is amended as follows:
(1) By
striking from the introduction "the following words shall have the following
meaning:" and inserting in its place "the term:" in Code Section 30-10-2,
relating to definitions.
SECTION 31.
Title 31 of the Official Code of Georgia Annotated, relating
to health, is amended as follows:
(1) By striking
subsection (a) of Code Section 31-6-45.1, relating to automatic revocation of a
certificate of need or authority and inserting in its place the
following:
"(a)
A health care facility which has a certificate of need or is otherwise
authorized to operate pursuant to this chapter shall have such certificate of
need or authority to operate automatically revoked by operation of law without
any action by the Department of Human Resources Community
Health when that facility´s permit to operate pursuant to Code Section
31-7-4 is finally revoked by order of the Department of Human Resources. For
purposes of this subsection, the date of such final revocation shall be as
follows:
(1) When there is no appeal of the order
pursuant to Chapter 5 of this title, the one hundred and eightieth day after the
date upon which expires the time for appealing the revocation order without such
an appeal being filed; or
(2) When there is an
appeal of the order pursuant to Chapter 5 of this title, the date upon which
expires the time to appeal the last administrative or judicial order affirming
or approving the revocation or revocation order without such appeal being
filed.
The Department of Human
Resources Community Health may become a party to any judicial
proceeding to review a decision by the Department of Human Resources to revoke
such a
permit."
(2)
By striking "within or without" and inserting in its place "within or outside"
in the fourth sentence of Code Section 31-7-24, relating to issuance of revenue
bonds.
(3) By striking "within or without" and
inserting in its place "within or outside" in the first sentence of Code Section
31-7-26, relating to security for bonds.
(4) By
inserting a comma after "subsection" in the introductory language in paragraph
(6) of subsection (a) of Code Section 31-9-2, relating to persons authorized to
consent to surgical or medical treatment.
(5) By
striking "If a patient" and inserting in its place "A patient" in paragraph (3)
of subsection (e) of Code Section 31-9-6.1, relating to disclosure of certain
information to persons undergoing certain surgical or diagnostic procedures,
failure to comply, exceptions, and regulations establishing standards for
implementation.
(6) By striking "requires" and
inserting in its place "require" in Code Section 31-28-3, relating to denial,
suspension, and revocation of permits.
(7) By striking
"organizations, shall" and inserting in its place "organizations and shall" in
Code Section 31-43-5, relating to appointments to the Commission on Men´s
Health.
(8) By striking "rules" and inserting "rules
and regulations" both times it appears in the undesignated text at the end of
subsection (a) of Code Section 31-45-10, relating to rules and regulations
regarding swimming pools.
SECTION 32.
Title 32 of the Official Code of Georgia Annotated, relating
to highways, bridges, and ferries, is amended as
follows:
(1) By inserting "and" after "facility;" at
the end of subparagraph (f)(2)(A) of Code Section 32-2-3, relating to
development of transportation plans, public hearings, approval of plans by
board, and promulgation of rules and regulations.
(2)
By striking "36-82-101" and inserting in its place "13-10-1" in paragraph (1) of
Code Section 32-2-70, relating to the bonds of a successful
bidder.
(3) By striking "ZIP code" and inserting in
its place "ZIP Code" in subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section
32-4-2, relating to official map, list, and records, and rules and
regulations.
(4) By striking "Title 36 shall be" and
inserting in its place "Title 36, shall be" in Code Section 32-4-74, relating to
applicability of other laws to this part.
(5) By
striking "Code Section 36-84-1" and inserting in its place "subsection (e) of
Code Section 36-91-22" in Code Section 32-4-122, relating to an oath by a
successful bidder.
(6) By striking "quinquenially" and
inserting in its place "quinquennially" in subsection (a) of Code Section
32-5-30, relating to allocation of state and federal funds and authorization of
reduction of funds allocated.
(7) By inserting
paragraph (7) after paragraph (2), renumbering paragraph (7) as paragraph (3)
and renumbering paragraphs (3) through paragraph (6) as paragraphs (4) through
paragraph (7) of subsection (a), respectively, by inserting "and" at the end of
subparagraph (b)(1)(D), by striking the period and inserting "; and" at the end
of subparagraph (b)(1)(E), and by inserting "and" at the end of subparagraph
(b)(2)(B) of Code Section 32-6-24, relating to length of vehicles and
loads.
(8) By deleting as obsolete subsection (e) of
Code Section 32-6-75.1, relating to Roadside Enhancement and Beautification
Council, membership, purpose, compensation, and abolition of Outdoor Advertising
Citizens Advisory Council.
(9) By inserting "or" at
the end of paragraph (3) of Code Section 32-6-84, relating to interests and
losses which may be compensable under Code Sections 32-6-82 and 32-6-83.
SECTION 33.
Title 33 of the Official Code of Georgia Annotated, relating
to insurance, is amended as follows:
(1) By
redesignating division (b)(15)(A)(i) as division (b)(15)(A)(ii) and division
(b)(15)(A)(ii) as division (b)(15)(A)(i), respectively, in Code Section 33-6-4,
relating to enumeration of unfair methods of competition and unfair or deceptive
acts or practices and penalty.
(2) By repealing the
obsolete provisions contained in Code Section 33-9-41, relating to the study of
effect of 1987 legislation on loss experience, cooperation of insurers, and
report to General Assembly, and reserving the Code section number
designation.
(3) By striking "(7)" and inserting in
its place "(8)" in the introductory language in subsection (a) and by striking
"(a)(7)(B)" and inserting in its place "(a)(8)(B)" in subsection (b) of Code
Section 33-23-5, relating to qualifications and requirements for insurance
license applicants.
(4) By striking the semicolons and
inserting in their place periods in subparagraphs (c)(1)(A) through (c)(1)(C)
and (c)(1)(E) and by striking "; and" and inserting in its place a period in
subparagraph (c)(1)(F) of Code Section 33-23-12, relating to limited insurance
licenses.
(5) By striking the current obsolete,
repealed subsection (g) and redesignating subsection (h) as subsection (g) in
Code Section 33-24-29, relating to coverage for treatment of mental disorders
under accident and sickness insurance benefit plans providing major medical
benefits covering small groups, studies, and federal
law.
(6) By striking the obsolete, repealed subsection
(g) of Code Section 33-24-29.1, relating to coverage for mental disorders under
accident and sickness insurance benefit plans providing major medical benefits
covering all groups except small groups and studies.
SECTION 34.
Title 34 of the Official Code of Georgia Annotated, relating
to labor and industrial relations, is amended as
follows:
(1) By striking "limited liability
corporation" and inserting in its place "limited liability company" in paragraph
(2) of subsection (a) of Code Section 34-1-4, relating to employer immunity for
disclosure of information regarding job performance.
SECTION 35.
Reserved.
SECTION 36.
Title 36 of the Official Code of Georgia Annotated, relating
to local government, is amended as follows:
(1) By
striking "Article IX" and inserting in its place "Article XI" in paragraph (2)
of subsection (d) of Code Section 36-1-21, relating to the civil service system
for county employees.
SECTION 37.
Title 37 of the Official Code of Georgia Annotated, relating
to mental health, is amended as follows:
(1) By
striking "abandoned or is" and inserting in its place "abandoned, is" in Code
Section 37-2-37, relating to abuse of service recipients.
SECTION 38.
Reserved.
SECTION 39.
Reserved.
SECTION 40.
Title 40 of the Official Code of Georgia Annotated, relating
to motor vehicles and traffic, is amended as
follows:
(1) By striking "levelling" and inserting in
its place "leveling" in paragraph (59) of Code Section 40-1-1, relating to
definitions relating to motor vehicles and traffic.
(2)
By inserting a comma after "1997" the first time it appears in subsection (b.1)
of Code Section 40-2-31, relating to a five-year and annual license plates,
design, and revalidation and county decals.
(3) By
striking "state highway patrolman" and inserting in its place "state patrolman"
in subsections (b) and (d) of Code Section 40-2-40, relating to the registration
of delinquent vehicles and collection and disposition of
penalties.
(4) By striking "such government" and
inserting in its place "such governments" in Code Section 40-6-97.1, relating to
solicitation permits for charitable organizations.
(5)
By striking "with his horn, but" and inserting in its place "with his or her
horn but" in subsection (a) of Code Section 40-8-70, relating to horns and
warning devices.
SECTION 41.
Reserved.
SECTION 42.
Title 42 of the Official Code of Georgia Annotated, relating
to penal institutions, is amended as follows:
(1) By
striking the quotation marks around "reasonable" both times it appears and by
striking "herein" and inserting in its place "in this Code section" in paragraph
(2) of Code Section 42-5-9, relating to the notification of the projected
release date of an inmate.
(2) By striking "(g)" and
inserting in its place "(f)" in subsection (c) of Code Section 42-8-34, relating
to probation hearings and determinations.
(3) By
striking "the effective date of this Code section" and inserting in its place
"May 1, 2000," in paragraph (1) of Code Section 42-8-116.1, relating to the
effect of failing to comply and previously installed ignition interlock devices.
SECTION 43.
Title 43 of the Official Code of Georgia Annotated, relating
to professions and business, is amended as follows:
(1)
By striking "general educational diploma (GED)" and inserting in its place
"general educational development (GED) diploma" in subsection (a) of Code
Section 43-10-9, relating to application for certificate of registration,
examination, and reciprocity regarding
cosmetologists.
(2) By striking "certified or
statutory overnight delivery mail" and inserting in its place "certified mail or
statutory overnight delivery" in subsection (b) of Code Section 43-20-5,
relating to meetings, reimbursement of members, and notice of meetings regarding
the State Board of Hearing Aid Dealers and Dispensers.
SECTION 44.
Reserved.
SECTION 45.
Reserved.
SECTION 46.
Title 46 of the Official Code of Georgia Annotated, relating
to public utilities and public transportation, is amended as
follows:
(1) By striking "paragraph (13)" and
inserting in its place "paragraph (21)" in subsection (a) of Code Section
46-3-34, relating to the utilities protection center, funding of activities,
notice of work, delay, and responsibility for completing safety
requirements.
(2) By striking "Title 50 of the
O.C.G.A." and inserting in its place "Title 50." in subsection (f) of Code
Section 46-9-324, relating to membership of the Southwest Georgia Railroad
Excursion Authority, the chairperson, conflicts of interest, and compensation.
SECTION 47.
Reserved.
SECTION 48.
Title 48 of the Official Code of Georgia Annotated, relating
to revenue and taxation, is amended as follows:
(1) By
striking "my be claimed" and inserting in its place "may be claimed" in
subsection (b) of Code Section 48-7-40.18, relating to tax credit for businesses
headquartered in the state and full-time jobs.
(2) By
striking "limited liability corporation" and inserting in its place "limited
liability company" in paragraph (2) of subsection (a) of Code Section 48-7-42,
relating to affiliated entity defined, assignment of corporate income tax
credit, carryover of unused credit, and joint and severable
liability.
(3) By striking "both persons have" and
inserting in its place "both persons are under" and by striking "of the
property" after "ownership" in the introductory language of paragraph (42) of
Code Section 48-8-3, relating to exemptions from sales and use
taxes.
(4) By striking "tangible services" and
inserting in its place "taxable services" in subsection (g) of Code Section
48-8-30, relating to the imposition of tax, rates, and collection.
SECTION 49.
Title 49 of the Official Code of Georgia Annotated, relating
to social services, is amended as follows:
(1) By
striking "15-11-137" and inserting in its place "15-11-173" in paragraph (3) of
subsection (e) of Code Section 49-5-41, relating to persons and agencies
permitted access to records.
(2) By repealing and
reserving Article 12 of Chapter 5 of Title 49, Code Sections 49-5-250 through
49-5-264, relating to the Policy Council for Children and Families.
SECTION 50.
Title 50 of the Official Code of Georgia Annotated, relating
to state government, is amended as follows:
(1) By
striking "Provided, further, the" and inserting in its place "The" in paragraph
(7) of subsection (a) and by inserting "or" after "bid in paragraph (3) of
subsection (b) of Code Section 50-18-72, relating to inspection of public
records and when public disclosure is not required and disclosure of exempting
legal authority.
(2) By striking "paragraph (3)" and
inserting in its place "paragraph (6)" in subparagraph (A) of paragraph (4) of
Code Section 50-22-2, relating to definitions relating to acquisition of
professional services.
(3) By striking "the
commissioner of the Department of Community Affairs; and the commissioner of the
Department of Industry, Trade, and Tourism" and inserting in its place "the
commissioner of community affairs; and the commissioner of industry, trade, and
tourism" in subsection (f) of Code Section 50-34-6, relating to the OneGeorgia
Authority and the powers of the authority.
SECTION 51.
Title 51 of the Official Code of Georgia Annotated, relating
to torts, is amended as follows:
(1) By striking "ten
point" and inserting in its place "ten-point" in subsection (c) of Code Section
51-12-72, relating to the requirement of a written transfer agreement in regards
to damages in tort actions.
SECTION 52.
Title 52 of the Official Code of Georgia Annotated, relating
to waters of the state, ports, and watercraft, is amended as
follows:
(1) By striking "Office and Planning" and
inserting in its place "Office of Planning" in subsection (b) of Code Section
52-2-5, relating to the composition of the Georgia Ports Authority, appointment,
terms, and qualifications of members generally, filling of vacancies, election
of chairperson, vice chairperson, and secretary-treasurer, and quorum.
SECTION 53.
Reserved.
SECTION 54.
Except for Title 47, the text of Code sections and title,
chapter, article, part, subpart, Code section, subsection, paragraph,
subparagraph, division, and subdivision numbers and designations as contained in
the Official Code of Georgia Annotated published under authority of the state by
The Michie Company in 1982 and contained in Volumes 3 through 40 of such
publication or replacement volumes thereto, as amended by the text and numbering
of Code sections as contained in the 2000 supplements to the Official Code of
Georgia Annotated published under authority of the state in 2000 by LEXIS
Publishing, is reenacted and shall have the effect of statutes enacted by the
General Assembly of Georgia. Annotations; editorial notes; Code Revision
Commission notes; research references; notes on law review articles; opinions of
the Attorney General of Georgia; indexes; analyses; title, chapter, article,
part, and subpart captions or headings, except as otherwise provided in the
Code; catchlines of Code sections or portions thereof, except as otherwise
provided in the Code; and rules and regulations of state agencies, departments,
boards, commissions, or other entities which are contained in the Official Code
of Georgia Annotated are not enacted as statutes by the provisions of this Act.
Material which has been added in brackets or parentheses and editorial, delayed
effective date, effect of amendment, or other similar notes within the text of a
Code section by the editorial staff of the publisher in order to explain or to
prevent a misapprehension concerning the contents of the Code section and which
is explained in an editorial note is not enacted by the provisions of this
section and shall not be considered a part of the Official Code of Georgia
Annotated. The reenactment of the statutory portion of the Official Code of
Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of
the General Assembly, or portion thereof, which is not contained in the Official
Code of Georgia Annotated and which was not repealed by Code Section 1-1-10,
specifically including those Acts which have not yet been included in the text
of the Official Code of Georgia Annotated because of effective dates which
extend beyond the effective date of the Code or the publication date of the Code
or its supplements or replacement volumes. The provisions contained in other
sections of this Act and in the other Acts enacted at the 2001 regular session
of the General Assembly of Georgia shall supersede the provisions of the
Official Code of Georgia Annotated reenacted by this section.
SECTION 55.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 56.
All laws and parts of laws in conflict with this Act are
repealed.