HB104.html

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of the Code and Acts amendatory thereof which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to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.

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows:
(1) By striking "days," and inserting in its place "days´" in paragraph (5) of subsection (a) of Code Section 10-1-677, relating to the termination of a contractual relationship between a dealer and a manufacturer in regard to marine manufacturers.
(2) By striking "Reserved." in Code Section 10-15-3, deleting the 10-15-4 designation, and redesignating the text under Code Section 10-15-4 as Code Section 10-15-3, relating to the penalty for violation of Code Section 10-15-2, which relates to the disposal of business records containing personal information.

Title 14 of the Official Code of Georgia Annotated, relating to corporations, is amended as follows:
(1) By striking "without" and inserting in its place "outside" in paragraph (6) of subsection (b) of Code Section 14-2-1501, relating to the requirement of a certificate of authority to transact business for foreign corporations.
(2) By inserting "and" at the end of paragraph (4) of subsection (b) and by striking the periods and inserting semicolons at the end of paragraphs (1) and (2) and by striking the period and inserting "; and" at the end of paragraph (3) of subsection (f) of Code Section 14-9-206.1, relating to mergers with regard to the "Georgia Revised Uniform Limited Partnership Act."
(3) By striking "'L.L.C.', 'LLC', 'L.C.' or 'LC';" and inserting in its place "'L.L.C.,' 'LLC,' 'L.C.' or 'LC';" in paragraph (1) of subsection (a) of Code Section 14-11-705, relating to the name of a foreign limited liability company.
(4) By striking "14-11-1110" and inserting in its place "14-11-1109" in paragraph (1) of subsection (b) of Code Section 14-11-1012, relating to court costs and counsel fees.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows:
(1) By striking "(c), (d), (e), (f), (g), (h), and (i)" and inserting in its place "(c) through (i)" in subsection (b) of Code Section 16-5-21, relating to aggravated assault.
(2) By striking "(c), (d), (e), (f), (g), and (h)" and inserting in its place "(c) through (h)" in subsection (b) of Code Section 16-5-24, relating to aggravated battery.
(3) By striking "or is derived" and inserting in its place "or derived" in subsection (a) of Code Section 16-6-13.3, relating to proceeds from pimping and their forfeiture and distribution.
(4) By striking "not-for-profit" and inserting in its place "not for profit" in paragraph (4) of Code Section 16-8-82, relating to definitions regarding motor vehicle chop shops and stolen and altered property.
(5) By striking paragraph (7) and renumbering it as new paragraph (4) and by renumbering existing paragraphs (4) through (6) as paragraphs (5) through (7), respectively, in subsection (f) of Code Section 16-9-20, relating to deposit account fraud.
(6) By striking "appointive" and inserting in its place "appointed" and by striking "elective" and inserting in its place "elected" in the introductory language of subsection (b), paragraph (2) of subsection (c), and subparagraph (c)(3)(C) of Code Section 16-10-6, relating to the sale of real or personal property to a political subdivision by a local officer or employee and exceptions in regard to abuse of a government office.
(7) By striking "punishable by contempt" and inserting in its place "punishable as contempt" in subsection (e) of Code Section 16-11-66.1, relating to the disclosure of stored wire or electronic communications, records, search warrants, issuance of subpoena, and violation in regard to wiretapping, eavesdropping, surveillance, and related offenses.
(8) By inserting "Georgia" before "Peace Officer" in paragraph (4) of subsection (c) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property.
(9) By inserting "Georgia" before "Peace Officer" each time it appears in paragraphs (3) and (4) of subsection (c) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128.
(10) By striking "child," and inserting in its place "child" and by striking "indecency;" and inserting in its place "indecency" in paragraph (1) of subsection (d) of Code Section 16-12-100.2, relating to computer pornography and child exploitation prevention.
(11) By striking "sterile water" and inserting in its place "sterile water," and by striking "quantity, use" and inserting in its place "quantity, use," in paragraph (4.2) of Code Section 16-13-72, relating to the sale, distribution, or possession of dangerous drugs.

Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended as follows:
(1) By striking "article:" and inserting in its place "article, the term:" in the introductory language, by striking "vote," and inserting in its place "vote" both times it appears in subparagraph (B) of paragraph (1), by striking "obligation," and inserting in its place "obligation" in paragraph (8), and by striking "asset," and inserting in its place "asset" in paragraph (12) of Code Section 18-2-71, relating to definitions in regard to the "Uniform Fraudulent Transfers Act."

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows:
(1) By striking "20-3-751.6" and inserting in its place "20-2-751.6" and by striking "20-3-751.4" and inserting in its place "20-2-751.4" in subparagraph (b)(1)(A) and in paragraph (2) of subsection (b) of Code Section 20-2-751.5, relating to student codes of conduct, safety rules on school buses, and distribution of codes.
(2) By striking "however, the" and inserting in its place "however, that the" in subsection (b) of Code Section 20-3-386, relating to distribution of education loan repayment assistance and conditions therefor.

Title 25 of the Official Code of Georgia Annotated, relating to fire protection, is amended as follows:
(1) By designating the first and second paragraphs as subsections (a) and (b), respectively, in Code Section 25-5-12, relating to agreements constituting collective bargaining contracts, required provisions, and engaging in work stoppages by firefighters.
(2) By striking "certificates" and inserting in its place "permits" each time it appears and by striking "certificate" and inserting in its place "permit" in subsection (b) and by inserting "as provided" before "by law" in subsection (d) of Code Section 25-12-18, relating to cease and desist orders, period of revocation, civil penalty, and opportunity for hearing in regard to regulation of fire extinguishers and suppression systems.

Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows:
(1) By striking "violates" and inserting in its place "violate" in subparagraph (c)(1)(B) of Code Section 26-2-81, relating to powers of the Commissioner of Agriculture, access to documentary evidence and witnesses, false reports, and failure to file reports in regard to meat inspection standards, labeling, and adulteration of food.
(2) By striking "Chapter" and inserting in its place "chapter" in Code Section 26-2-101, relating to inspections and examinations and administration in conjunction with Article 2 of the chapter in regard to inspection of animals, carcasses, meat, and meat food products, adulteration and misbranding in the standards, labeling, and adulteration of food.
(3) By striking "Code Sections 26-2-150 through 26-2-154" and inserting in its place "this Code section and Code Sections 26-2-151 through 26-2-154" each time it appears in Code Section 26-2-150, relating to legislative intent in regard to the advertisement and sale of meat generally.
(4) By striking "Code Sections 26-2-150 through 26-2-154" and inserting in its place "Code Section 26-2-150, this Code section, and Code Sections 26-2-152 through 26-2-154" in Code Section 26-2-151, relating to promulgation of rules and regulations regarding deceptive advertising of meat.
(5) By striking "Code Sections 26-2-157 through 26-2-161" and inserting in its place "26-2-157 and 26-2-158, this Code section, and Code Sections 26-2-160 and 26-2-161" in Code Section 26-2-159, relating to promulgation of regulations in regard to the advertisement and sale of meat generally.
(6) By inserting a comma after "animal" in Code Section 26-2-203, relating to power of inspection in regard to meat, poultry, and dairy processing plants.
(7) By striking the quotation marks from "'Grade A Pasteurized Milk Ordinance'" in subsection (b) of Code Section 26-2-231, relating to definitions in regard to milk and milk products.
(8) By striking the quotation marks from "'Grade A Pasteurized Milk Ordinance'" in Code Section 26-2-238, relating to standards and requirements generally in regard to milk and milk products.
(9) By striking "301 et seq" and "1040 et seq" and inserting in their respective places "301, et seq" and "1040, et seq" in paragraph (7) and by striking "containers," and inserting in its place "containers" in subparagraph (A) of paragraph (10) of Code Section 26-3-2, relating to definitions in regard to standards, labeling, and adulteration of drugs and cosmetics.
(10) By striking "state board of pharmacy" and inserting in its place "State Board of Pharmacy" in the introductory language of subsection (a) of Code Section 26-4-49, relating to drug researcher permits, application for registration, fees, suspension or revocation, and penalty for violations.

Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows:
(1) By striking "tax on" and inserting in its place "taxon" in paragraph (23) of Code Section 27-1-2, relating to definitions pertaining to game and fish laws.
(2) By striking "cub(s)" and inserting in its place "a cub or cubs" in paragraph (9) of Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas.
(3) By striking "of this title" after "27-2-23" in Code Section 27-4-90, relating to commercial fishing license requirements and effective dates pertaining to fresh-water fishing laws.

Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended as follows:
(1) By striking ".5 percent" and inserting in its place "1/2 percent" in subsection (a) of Code Section 29-2-42, relating to compensation for services of guardians and sureties.
(2) By striking "will" and inserting in its place "shall" in paragraph (4) of subsection (a) of Code Section 29-6-8, relating to persons and entities who may serve as a guardian, the discharge of a guardian acting in violation of provisions, and final accounting in regard to guardians of beneficiaries of the United States Department of Veterans Affairs.

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows:
(1) By striking "section, 'liability insurance policy'" and inserting in its place "section, the term 'liability insurance policy'" in subsection (a) of Code Section 33-7-11.1, relating to the commencement of liability of an insurer to pay benefits to a third party on behalf of the insured and the applicability of this Code section.
(2) By striking "post-payment" and inserting in its place "postpayment" in paragraph (7); by renumbering paragraphs (1) through (8) as paragraphs (2) through (9), respectively, in Code Section 33-20A-60, relating to definitions regarding managed health care plans; and by designating as paragraph (1) and inserting the text of subsection (h) of Code Section 33-20A-62, relating to the payment of claims in managed health care plans, as paragraph (1) of said Code Section 33-20A-60.
(3) By striking "post-payment" and inserting in its place "postpayment" in the introductory language of subsections (a) and (b) and subsection (e) and by striking subsection (h) of Code Section 33-20A-62, relating to the payment of claims in managed health care plans.
(4) By striking "his premium" and inserting in its place "his or her premium" in subsection (d) of Code Section 33-22-9, relating to service charges in regard to insurance premium finance companies.
(5) By striking "commissioner of public safety" and inserting in its place "commissioner of motor vehicle safety" in Code Section 33-34-5, relating to vehicles not to be licensed until proof of insurance is furnished.

Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended as follows:
(1) By striking "'Southern Regional Emergency Management Compact.'" and inserting in its place "'Emergency Management Assistance Compact.'" in Code Section 38-3-80, relating to a short title for the Emergency Management Assistance Compact.
(2) By striking "Southern Regional Emergency Management Compact" and inserting in its place "Emergency Management Assistance Compact" in the introductory language, by striking the title of the compact "SOUTHERN REGIONAL EMERGENCY MANAGEMENT COMPACT" and inserting in its place "'EMERGENCY MANAGEMENT ASSISTANCE COMPACT", and by inserting a double quotation mark at the end of the compact following "Code." in Article XIII of Code Section 38-3-81, relating to the enactment and text of the Emergency Management Assistance Compact.

Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows:
(1) By striking "criminal justice information system" and inserting in its place "Criminal Justice Information System" in subparagraph (b)(3)(B) and each time it appears in paragraph (1) of subsection (c), by striking "U.S.C." and inserting in its place "U.S.C. Section" each time it appears and by striking "Web page" and inserting in its place "Internet website" in paragraph (3) of subsection (c), and by striking "one time" and inserting in its place "one-time" in paragraphs (2) and (3) of subsection (c.1) of Code Section 42-1-12, relating to the State Sexual Offender Registry.
(2) By striking "or its successor agency" each time it appears in subsection (c) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, completion of alcohol and drug use risk reduction programs, notice of requirements, and fees for a driver´s license.

Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows:
(1) By striking "justice" and inserting in its place "magistrate" in Code Section 44-14-302, relating to levy and sale of property and advertisement in regard to foreclosures of personal property.
(2) By deleting "hospital" and by striking "first class" and inserting in its place "first-class" in paragraph (1) of subsection (a) of Code Section 44-14-471, relating to the filing of a verified statement, contents, and notice in regard to hospitals, nursing homes, and traumatic burn care medical practices.
(3) By deleting "hospital" before "lien book", by striking "materialman´s" and inserting in its place "materialmen´s", and by striking "mechanic´s" and inserting in its place "mechanics´" in Code Section 44-14-472, relating to duties of the clerk of the superior court, lien book, and fees in regard to hospitals, nursing homes, and traumatic burn care medical practices.

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 2002 supplements to the Official Code of Georgia Annotated published under authority of the state in 2002 by LEXIS Publishing, are 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. The provisions contained in other sections of this Act and in the other Acts enacted at the 2003 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.