| HB 261 - Code of Georgia; corrections |
First Reader Summary
A BILL 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;
and for other purposes.
| Recorded Votes |
| Vote # |
HV99-934 |
PASS |
02/16/99 |
| House |
Action |
Senate |
| 1/27/99 |
Read 1st Time |
2/17/99 |
| 1/28/99 |
Read 2nd Time |
2/24/99 |
| 2/11/99 |
Favorably Reported |
2/23/99 |
| Sub |
Committee Amend/Sub |
|
| 2/16/99 |
Read 3rd Time |
3/23/99 |
| 2/16/99 |
Passed/Adopted |
3/23/99 |
| CS |
Comm/Floor Amend/Sub |
FA |
| 3/24/99 |
Amend/Sub Agreed To |
|
| 4/1/99 |
Sent to Governor |
|
| 4/5/99 |
Signed by Governor |
|
| 37 |
Act/Veto Number |
|
| 4/1/99/9 |
Effective Date |
|
HB 261 HB 261/AP
H. B. No. 261 (AS PASSED HOUSE AND SENATE)
By: Representatives Martin of the 47th, Bordeaux of the
151st and Allen of the 117th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend the Official Code of Georgia Annotated, so as to
1- 2 correct typographical, stylistic, capitalization,
1- 3 punctuation, and other errors and omissions in the Official
1- 4 Code of Georgia Annotated and in Acts of the General
1- 5 Assembly amending the Official Code of Georgia Annotated; to
1- 6 reenact the statutory portion of the Official Code of
1- 7 Georgia Annotated, as amended; to provide for necessary or
1- 8 appropriate revisions and modernizations of matters
1- 9 contained in the Official Code of Georgia Annotated; to
1-10 repeal portions of the Code which have become obsolete; to
1-11 delete portions of the Code which have been superseded by
1-12 subsequent state laws; to provide for and to correct
1-13 citations in the Official Code of Georgia Annotated and
1-14 other codes and laws of the state; to rearrange, renumber,
1-15 and redesignate provisions of the Official Code of Georgia
1-16 Annotated; to revise the terms of superior courts in certain
1-17 counties; to provide for other matters relating to the
1-18 Official Code of Georgia Annotated; to provide an effective
1-19 date; to repeal conflicting laws; and for other purposes.
1-20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-21 SECTION 1.
1-22 Reserved.
1-23 SECTION 2.
1-24 Reserved.
1-25 SECTION 3.
1-26 Title 3 of the Official Code of Georgia Annotated, relating
1-27 to alcoholic beverages, is amended as follows:
1-28 (1) By striking "and is a public school or a private
1-29 school" and inserting in its place "and which are public
1-30 schools or private schools" in paragraph (2) of
1-31 subsection (a) of Code Section 3-3-21, relating to sales
1-32 of alcoholic beverages near churches, school buildings,
1-33 or other sites.
-1-
2- 1 SECTION 4.
2- 2 Reserved.
2- 3 SECTION 5.
2- 4 Title 5 of the Official Code of Georgia Annotated, relating
2- 5 to appeal and error, is amended as follows:
2- 6 (1) By striking "______________, 19__" and inserting in
2- 7 its place " (date) , ____" and by striking
2- 8 "Dated: ______________, 19__" and inserting in its place
2- 9 "Dated: ____________________" in the form in subsection
2-10 (a) of Code Section 5-3-21, relating to notice of appeal
2-11 to the superior court, form, and service.
2-12 (2) By striking "______________, 19__" and inserting in
2-13 its place " (date) , ____" and by striking
2-14 "Dated: ______________, 19__" and inserting in its place
2-15 "Dated: ____________________" each time they appear in
2-16 the forms in subsections (b) and (d) of Code Section
2-17 5-5-42, relating to the forms for motion for a new trial
2-18 in civil and criminal cases.
2-19 (3) By striking "______________, 19__" and inserting in
2-20 its place " (date) , ____" and by striking
2-21 "Dated: ______________, 19__" and inserting in its place
2-22 "Dated: ____________________" each time they appear in
2-23 the forms in paragraphs (1) through (3) of Code Section
2-24 5-6-51, relating to the forms used in appeals to the
2-25 appellate courts.
2-26 SECTION 6.
2-27 Reserved.
2-28 SECTION 7.
2-29 Title 7 of the Official Code of Georgia Annotated, relating
2-30 banking and finance, is amended as follows:
2-31 (1) By striking "(3), (4), (5), (6), and (9)" and
2-32 inserting in its place "(4), (5), (6), (7), and (10)" in
2-33 paragraph (6) of subsection (b) of Code Section 7-1-532,
2-34 relating to execution, contents, and filing of articles
2-35 of merger or consolidation, notice of merger or
2-36 consolidation, and filing amendment.
2-37 (2) By striking "(3), (4), (5), (6), and (9)" and
2-38 inserting in its place "(4), (5), (6), (7), and (10)" in
2-39 paragraph (6) of subsection (b) of Code Section 7-1-551,
2-40 relating to national bank to state bank or trust company
-2-
3- 1 conversions, mergers, and consolidation and articles of
3- 2 conversion, merger, or consolidation.
3- 3 SECTION 8.
3- 4 Reserved.
3- 5 SECTION 9.
3- 6 Title 9 of the Official Code of Georgia Annotated, relating
3- 7 to civil practice, is amended as follows:
3- 8 (1) By striking "______________, 19__" and inserting in
3- 9 its place "______________, ____" in the form in Code
3-10 Section 9-10-200, relating to action for recovery of
3-11 realty and mesne profits.
3-12 (2) By striking "______________, 19__" and inserting in
3-13 its place " , ____" in the form in Code
3-14 Section 9-10-202, relating to action to recover money on
3-15 a judgment.
3-16 (3) By striking "______________, 19__" and inserting in
3-17 its place "______________, ____" in the form in Code
3-18 Section 9-10-203, relating to action for breach of
3-19 warranty in deed.
3-20 (4) By striking "______________, 19__" and inserting in
3-21 its place "______________, ____" in the form in Code
3-22 Section 9-10-204, relating to action for words.
3-23 (5) By striking "______________, 19__" and inserting in
3-24 its place "______________, ____" in the form in Code
3-25 Section 9-11-119, relating to the form of motion to
3-26 dismiss, presenting defense of failure to state a claim.
3-27 (6) By striking "______________, 19__" and inserting in
3-28 its place "______________, ____" in the form in Code
3-29 Section 9-11-124, relating to the form of motion for
3-30 production of documents under Code Section 9-11-34.
3-31 (7) By striking "______________, 19__" and inserting in
3-32 its place "______________, ____" in the form in Code
3-33 Section 9-11-131, relating to the form of judgment on a
3-34 jury verdict.
3-35 (8) By striking "______________, 19__" and inserting in
3-36 its place "______________, ____" in the form in Code
3-37 Section 9-11-132, relating to the form of judgment on a
3-38 decision by the court.
-3-
4- 1 (9) By striking "______________, 19__" and inserting in
4- 2 its place "______________, ____" each time it appears in
4- 3 the form in Code Section 9-14-6, relating to the form of
4- 4 a writ.
4- 5 (10) By striking "vexations" and inserting in its place
4- 6 "vexatious" in subsection (a) and by striking "pleading
4- 7 and," and inserting in its place "pleading, and," in
4- 8 subsection (d) of Code Section 9-15-15, relating to
4- 9 attorney's fees and expenses assessed in civil actions
4-10 brought against judicial officers.
4-11 SECTION 10.
4-12 Title 10 of the Official Code of Georgia Annotated, relating
4-13 to commerce and trade, is amended as follows:
4-14 (1) By striking the semicolons and inserting periods in
4-15 their place at the end of subsections (b), (c), and (d);
4-16 by striking "______________, 19__" and inserting in its
4-17 place " (date) , ____" and by deleting the
4-18 comma following "spa" in the first undesignated
4-19 paragraph in the form in subsection (e); and by
4-20 inserting a comma following "including" in subparagraph
4-21 (i)(1)(C) of Code Section 10-1-393.2, relating to
4-22 requirements for health spas.
4-23 (2) By striking "______________, 19__" and inserting in
4-24 its place "______________, ____" each time it appears in
4-25 the written rental agreement in Code Section 10-4-213,
4-26 relating to enforcement of a lien without judicial
4-27 intervention.
4-28 (3) By striking "______________, 19__" and inserting in
4-29 its place "______________, ____" and by striking "Dated:
4-30 ______________, 19__" and inserting in its place "Dated:
4-31 ____________________" in the form in Code Section
4-32 10-6-142, relating to the statutory form for financial
4-33 power of attorney.
4-34 SECTION 11.
4-35 Title 11 of the Official Code of Georgia Annotated, relating
4-36 to the commercial code, is amended as follows:
4-37 (1) By inserting "shall be known and" preceding "may be
4-38 cited" in Code Section 11-8-101, relating to the
4-39 "Uniform Commercial Code--Investment Securities."
-4-
5- 1 SECTION 12.
5- 2 Title 12 of the Official Code of Georgia Annotated, relating
5- 3 to conservation and natural resources, is amended as
5- 4 follows:
5- 5 (1) By inserting "and" at the end of paragraph (6) of
5- 6 subsections (e) and (g) and by replacing the period with
5- 7 "; and" at the end of paragraph (2) of subsection (f) of
5- 8 Code Section 12-3-10, relating to directing persons to
5- 9 leave parks, historic sites, or recreational areas upon
5-10 their refusal to observe rules and regulations and
5-11 prohibited acts generally.
5-12 (2) By inserting "Section" following "U.S.C." in
5-13 subparagraph (d)(4)(C) and by inserting "Sections"
5-14 preceding "4321-4347" and "Section" preceding "470" in
5-15 subsection (n) of Code Section 12-3-55, relating to
5-16 general provisions and preservation of state owned
5-17 historic properties.
5-18 (3) By striking "paragraph (c)" and inserting in its
5-19 place "subsection (c) of this Code section" in the
5-20 introductory language of subsection (b) and by striking
5-21 the period and inserting in its place "; and" at the end
5-22 of paragraph (1) of subsection (e) of Code Section
5-23 12-5-23.3, relating to notice, privatization, oversight
5-24 committee, and penalties.
5-25 SECTION 13.
5-26 Reserved.
5-27 SECTION 14.
5-28 Title 14 of the Official Code of Georgia Annotated, relating
5-29 to corporations, partnerships, and associations, is amended
5-30 as follows:
5-31 (1) By striking "______________, 19__" and inserting in
5-32 its place "______________, ____" in the form in Code
5-33 Section 14-4-101, relating to issuance of certificate of
5-34 amendment to acquire powers and form.
5-35 (2) By striking "______________, 19__" and inserting in
5-36 its place "______________, ____" in the form in Code
5-37 Section 14-4-102, relating to issuance of certificate of
5-38 amendment to surrender powers and form.
5-39 (3) By striking "______________, 19__" and inserting in
5-40 its place "______________, ____" in the form in Code
-5-
6- 1 Section 14-4-121, relating to issuance of certificate of
6- 2 change of name, principal office, capital stock, or
6- 3 number of directors.
6- 4 SECTION 15.
6- 5 Title 15 of the Official Code of Georgia Annotated, relating
6- 6 to courts, is amended as follows:
6- 7 (1) By striking "Georgia or Judge of the Court of
6- 8 Appeals or any superior" and inserting in its place
6- 9 "Georgia, Judge of the Court of Appeals, superior", by
6-10 striking "Justice on" and "Judge on" and inserting in
6-11 their place "Justice of" and "Judge of" each time they
6-12 appear, and by deleting the comma following "superior
6-13 court" in subsection (a.1) of Code Section 15-1-9.2,
6-14 relating to senior judge status, request for assistance
6-15 of senior judge, and compensation.
6-16 (2) By striking "empaneled" and inserting in its place
6-17 "impaneled" each time it appears in subsection (b) of
6-18 Code Section 15-1-12, relating to compensation of
6-19 probate court judges and clerks for certain services,
6-20 submission of claims to grand jury, and assessment.
6-21 (2.1) By striking paragraph (21) of Code Section 15-6-3,
6-22 relating to terms of the superior courts, and inserting
6-23 in its place the following:
6-24 "(21) Houston Circuit:
6-25 Houston County -- First Monday in January, March, May,
6-26 April, July, September, and November October."
6-27 (3) By inserting "of Georgia" after "Judges" in
6-28 subsection (j) of Code Section 15-6-27, relating to
6-29 alternative procedure for hiring personnel employed by
6-30 superior court judges, authority, duties, uniform
6-31 policies, rules, and regulations, leave, salaries,
6-32 expenses, supplies, local supplements, and county
6-33 employees.
6-34 (4) By striking "and" at the end of paragraph (14) of
6-35 subsection (a) of Code Section 15-6-61, relating to
6-36 duties of clerks generally and use of computerized
6-37 record-keeping system.
6-38 (5) By striking "15-6-92" and inserting in its place
6-39 "15-6-91 and this Code section" in Code Section 15-6-92,
6-40 relating to continuation of fee system.
-6-
7- 1 (6) By striking "case by case" and inserting in its
7- 2 place "case-by-case" in subsection (d) of Code Section
7- 3 15-9-1.1, relating to required training courses, filing
7- 4 of certificate of completion, effect of failure to meet
7- 5 training requirements, and payment of and reimbursement
7- 6 of expenses.
7- 7 (7) By striking "vs." and inserting in its place "v."
7- 8 and by striking "______________, 19__" and inserting in
7- 9 its place "______________, ____" in the form in Code
7-10 Section 15-10-48, relating to the form of statement of
7-11 claim, verification, and notice.
7-12 (8) By striking "vs." and inserting in its place "v."
7-13 and by striking "______________, 19__" and inserting in
7-14 its place "_______________, ____" in the form in Code
7-15 Section 15-10-50, relating to propounding of
7-16 interrogatories to judgment debtor, form, contempt, and
7-17 authorized discovery procedures.
7-18 (9) By striking "President" and inserting in its place
7-19 "president" in subsection (a) of Code Section 15-10-132,
7-20 relating to creation of Georgia Magistrate Courts
7-21 Training Council.
7-22 (10) By striking "Human Resources" and inserting in its
7-23 place "Juvenile Justice" in paragraph (1) of subsection
7-24 (a) of Code Section 15-11-9.1, relating to intake and
7-25 probation services of juvenile courts.
7-26 (11) By striking the comma after the word "jail" in
7-27 subsection (d) of Code Section 15-11-20, relating to
7-28 place of detention, capital offenders, deprived
7-29 children, and record of detention.
7-30 (12) By inserting a comma preceding "relating to" in
7-31 subparagraph (a)(2)(C.1) of Code Section 15-11-37,
7-32 relating to designated felony acts, definitions, and
7-33 restrictive custody disposition.
7-34 (13) By striking subsection (a) of Code Section
7-35 15-12-83, relating to attendance of stenographer at
7-36 grand jury proceeding and use of recording device in
7-37 lieu of stenographer, and inserting in its place the
7-38 following:
7-39 "(a) This Code section shall apply to all counties of this
7-40 state which according to the United States decennial
7-41 census of 1970 or any future such census have a population
7-42 of: (1) Reserved. (2) 150,000 or more."
8- 3 (14) By striking Code Section 15-14-36, relating to
8- 4 penalties for violations, and inserting in its place the
8- 5 following:
8- 6 "15-14-36.
8- 7 Any persons person who:
8- 8 (1) Represent themselves Represents himself or herself
8- 9 as having received a certificate or temporary permit as
8-10 provided for in this article or practice practices as a
8-11 certified court reporter, without having received a
8-12 certificate or temporary permit;
8-13 (2) Continue Continues to practice as a court reporters
8-14 reporter in this state or use uses any title or
8-15 abbreviation indicating they are he or she is a
8-16 certified court reporters reporter, after their
8-17 certificates have his or her certificate has been
8-18 revoked; or
8-19 (3) Violate Violates any provision of this article or of
8-20 subsection (c) or (d) of Code Section 9-11-28
8-21 shall be guilty of a misdemeanor. Each day of the offense
8-22 is a separate misdemeanor."
8-23 (15) By striking Code Section 15-16-27, relating to
8-24 deposit by sheriff in certain counties of cash bonds and
8-25 reserves of bondspersons in interest-bearing accounts
8-26 and disposition of interest, and inserting in its place
8-27 a new Code Section 15-16-27 to read as follows:
8-28 "15-16-27. (a) Reserved. (b) The provisions of subsection (a) of this Code section
8-31 shall be repealed July 1, 1994. (c) In counties where the sheriff exercised discretion to
8-33 deposit funds in one or more interest-bearing accounts
8-34 pursuant to subsection (a) of this Code section, and such
8-35 funds were on deposit on January 1, 1993, the sheriff may
8-36 continue to deposit such funds pursuant to subsection (a)
8-37 of this Code section until July 1, 1994. In such
8-38 counties, sheriffs who do not elect to continue depositing
8-39 funds pursuant to subsection (a) of this Code section, or
-8-
9- 1 who cease depositing such funds pursuant to subsection (a)
9- 2 of this Code section, shall be subject to the provisions
9- 3 of subsections (e) through (g) of this Code section. In
9- 4 such counties, sheriffs shall provide a written notice to
9- 5 the Georgia Indigent Defense Council within 30 days
9- 6 following July 1, 1993, stating that funds were on deposit
9- 7 pursuant to this Code section on January 1, 1993, and
9- 8 stating whether they have elected to continue depositing
9- 9 funds pursuant to subsection (a) of this Code section or
9-10 to comply with the provisions of subsections (e) through
9-11 (g) of this Code section. In such counties, sheriffs may
9-12 change their election by written notice to the Georgia
9-13 Indigent Defense Council. (d) In counties where no funds were on deposit pursuant to
9-15 subsection (a) of this Code section on January 1, 1993,
9-16 sheriffs shall be subject to the provisions of subsections
9-17 (e) through (g) of this Code section, effective July 1,
9-18 1993.
9-19 (e)(a) Unless transferred to the appropriate clerk of
9-20 court, the sheriff shall deposit cash bonds held by the
9-21 sheriff in one or more interest-bearing trust accounts in
9-22 investments authorized by Code Section 36-80-3 or by
9-23 Chapter 83 of Title 36.
9-24 (f)(b) The financial institution in which the funds are
9-25 deposited shall remit, after service charges or fees are
9-26 deducted, the interest generated by such funds directly,
9-27 at least quarterly and within 30 days of receipt, to the
9-28 Georgia Indigent Defense Council for distribution to the
9-29 counties pursuant to Article 2 of Chapter 12 of Title 17.
9-30 With each remittance the financial institution shall send
9-31 a statement showing the name of the county, deposits and
9-32 withdrawals from the account or accounts, interest paid,
9-33 service charges or fees of the bank or other depository,
9-34 and the net remittance. The Georgia Indigent Defense
9-35 Council shall allocate all interest received from such
9-36 funds deposited in interest-bearing trust accounts to the
9-37 counties pursuant to Article 2 of Chapter 12 of Title 17.
9-38 (g)(c) In counties where the service charges or fees of
9-39 the bank or depository would exceed the interest received
9-40 from funds subject to this Code section, the sheriff shall
9-41 be exempt from subsections (d), (e), and (f) (a) and (b)
9-42 of this Code section. In such counties, the sheriff shall
9-43 send a written notice to the Georgia Indigent Defense
9-44 Council."
-9-
10- 1 (16) By striking "expressed" and inserting in its place
10- 2 "express" in Code Section 15-16-51, relating to use of
10- 3 sheriff's office name.
10- 4 (17) By inserting "and" at the end of paragraph (2) of
10- 5 subsection (b) of Code Section 15-18-14, relating to
10- 6 assistant district attorneys, appointment,
10- 7 qualifications, compensation, personnel actions, and
10- 8 transfers and promotions.
10- 9 (18) By striking "years" and inserting in its place
10-10 "years'" in paragraph (4) of subsection (e) of Code
10-11 Section 15-18-14.1, relating to district attorney
10-12 investigators.
10-13 (19) By striking "across the board" and inserting in its
10-14 place "across-the-board" in paragraph (1) of subsection
10-15 (e) of Code Section 15-18-19, relating to state paid
10-16 personnel, powers, policies relating to, authorized
10-17 leave, and salary schedules.
10-18 SECTION 16.
10-19 Title 16 of the Official Code of Georgia Annotated, relating
10-20 to crimes and offenses, is amended as follows:
10-21 (1) By striking "of this article" in paragraph (1) of
10-22 Code Section 16-3-20, relating to justification.
10-23 (2) By striking "Title 16" and inserting in its place
10-24 "this title" in Code Section 16-3-24.2, relating to
10-25 immunity from prosecution and exception.
10-26 (3) By designating paragraph (1) as paragraph (2) and
10-27 paragraph (2) as paragraph (1) in subsection (a) of Code
10-28 Section 16-5-45, relating to interference with custody.
10-29 (4) By striking "19-3-4" and "19-3-5" and inserting in
10-30 their place "19-13-4" and "19-13-5" from subsection (e)
10-31 of Code Section 16-5-94, relating to restraining orders
10-32 and protective orders.
10-33 (5) By deleting "Part 4 of Article 2 of" from
10-34 subparagraph (c)(2)(B) and (c)(2)(C) of Code Section
10-35 16-8-41, relating to armed robbery, robbery by
10-36 intimidation, and taking controlled substance from
10-37 pharmacy in course of committing offense.
10-38 (6) By deleting "or" from the end of subparagraph (G)
10-39 and inserting "or" at the end of subparagraph (I) of
-10-
11- 1 paragraph (2) of Code Section 16-9-121, relating to
11- 2 elements of offense.
11- 3 (7) By designating paragraph (1) as paragraph (2) and
11- 4 paragraph (2) as paragraph (1) of subsection (a) of Code
11- 5 Section 16-10-24.2, relating to obstructing or hindering
11- 6 emergency medical technicians or emergency medical
11- 7 professionals and criminal penalty.
11- 8 (8) By striking "Brady Handgun Violence Protection Act"
11- 9 and inserting in its place "Brady Handgun Violence
11-10 Prevention Act" in subsection (b) of Code Section
11-11 16-11-170, relating to intent to provide state
11-12 background check law and construction of part.
11-13 (9) By striking "5" and inserting in its place "five" in
11-14 paragraph (4) of subsection (a) and by inserting "of
11-15 this Code section" following "(a)" in subsection (b) of
11-16 Code Section 16-12-120, relating to certain acts in
11-17 public transit buses, rapid rail cars, or stations and
11-18 penalties.
11-19 (10) By striking "; provided, further, that the" and
11-20 inserting in its place ". The" in subparagraph (a)(2)(B)
11-21 of Code Section 16-12-171, relating to prohibited acts.
11-22 (11) By adding a comma after "chapter" in paragraph (1)
11-23 of subsection (a) of Code Section 16-13-1, relating to
11-24 drug related objects.
11-25 (12) By striking "26-4-4" and inserting in its place
11-26 "26-4-130" in subsection (g) of Code Section 16-13-41,
11-27 relating to prescriptions.
11-28 (13) By striking "Part 4 of Article 2 of" from
11-29 subsection (c) of Code Section 16-13-46, relating to
11-30 administrative inspections and warrants.
11-31 (14) By deleting paragraph (65.5) of subsection (b) of
11-32 Code Section 16-13-71, relating to "dangerous drug"
11-33 defined, containing a definition which is later defined
11-34 in paragraph (68.3) and by redesignating paragraphs
11-35 (853), (854), and (854.5) as paragraphs (854), (853),
11-36 and (853.5), respectively.
11-37 (15) By striking "the amount specified in Code Section
11-38 26-4-112" and inserting in its place "$1,500.00" in
11-39 subsection (c) of Code Section 16-13-72.1, relating to
11-40 revocation of dangerous drug permits and forfeiture.
-11-
12- 1 (16) By striking the "(xxxiii)" designation and
12- 2 inserting in its place a new "(xxxiii)" designation in
12- 3 subparagraph (9)(A)(xxxiii) of Code Section 16-14-3,
12- 4 relating to definitions relative to racketeer influenced
12- 5 and corrupt organizations.
12- 6 (17) By striking "subsection" and inserting in its place
12- 7 "paragraph" in paragraph (1) of Code Section 16-15-3,
12- 8 relating to definitions relative to street gang
12- 9 terrorism and prevention.
12-10 SECTION 17.
12-11 Title 17 of the Official Code of Georgia Annotated, relating
12-12 to criminal procedure, is amended as follows:
12-13 (1) By striking "______________, 19__" and inserting in
12-14 its place "______________, ____" in the form in
12-15 paragraph (3) of subsection (e) of Code Section 17-1-1,
12-16 relating to filing of service of pleadings, motions, and
12-17 other papers.
12-18 (2) By striking "______________, 19__" and inserting in
12-19 its place "______________, ____" each time it appears in
12-20 the form in Code Section 17-4-45, relating to the form
12-21 of affidavit for an arrest warrant.
12-22 (3) By striking "year 19__" and inserting in its place
12-23 "year ____" in the form in Code Section 17-4-46,
12-24 relating to the form of warrant for an arrest.
12-25 (4) By striking "requirements provide" and inserting in
12-26 its place "requirements provided" in subsection (c) of
12-27 Code Section 17-4-47, relating to issuance of warrants
12-28 by video conference, testimony, initial bond hearings,
12-29 and oaths.
12-30 (5) By striking "______________, 19__" and inserting in
12-31 its place "______________, ____" in the form in Code
12-32 Section 17-7-30, relating to the form of commitment.
12-33 SECTION 18.
12-34 Title 18 of the Official Code of Georgia Annotated, relating
12-35 to debtor and creditor, is amended as follows:
12-36 (1) By striking "19__" and inserting in its place "____"
12-37 each time it appears in the form in Code Section
12-38 18-3-19, relating to forms for attachment.
12-39 (2) By striking "beginning ______________, 19__," and
12-40 inserting in its place "beginning (date) ,
-12-
13- 1 ____," and by striking "______________, 19__" and
13- 2 inserting in its place "______________, ____" in the
13- 3 forms in paragraphs (1) through (7) of Code Section
13- 4 18-4-66, relating to forms for postjudgment garnishment.
13- 5 (3) By striking "beginning ______________, 19__," and
13- 6 inserting in its place "beginning (date) ,
13- 7 ____," and by striking "______________, 19__" and
13- 8 inserting in its place "______________, ____" in the
13- 9 forms in paragraphs (1) through (3) of Code Section
13-10 18-4-118, relating to forms for continuing garnishment.
13-11 SECTION 19.
13-12 Title 19 of the Official Code of Georgia Annotated, relating
13-13 to domestic relations, is amended as follows:
13-14 (1) By adding "and" after the semicolon in paragraph (3)
13-15 of Code Section 19-3-2, relating to who may contract
13-16 marriage.
13-17 (2) By inserting a comma after "44-14-610" in Code
13-18 Section 19-5-7, relating to transfer of property after
13-19 filing of petition and lis pendens notice.
13-20 (3) By striking "______________, 19__" and inserting in
13-21 its place "______________, ____" each time it appears in
13-22 the forms in subsections (a) and (c) and by inserting a
13-23 colon following "considered is" in the sentence
13-24 preceding the chart in subsection (c) of Code Section
13-25 19-5-12, relating to the form of judgment and decree.
13-26 (4) By inserting "Article 1 of" preceding "Chapter 6 of
13-27 Title 12" and by deleting "Part 3 of" preceding "Chapter
13-28 4 of Title 26" in paragraph (2) of subsection (a) of
13-29 Code Section 19-6-28.1, relating to suspension of, or
13-30 denial of application or renewal of, license for
13-31 noncompliance with child support order.
13-32 (5) By striking paragraph (3) of subsection (b) and
13-33 inserting in its place the following:
13-34 "(3) 'Child abuse' means:
13-35 (A) Physical injury or death inflicted upon a child by
13-36 a parent or caretaker thereof by other than accidental
13-37 means; provided, however, physical forms of discipline
13-38 may be used as long as there is no physical injury to
13-39 the child;
-13-
14- 1 (B) Neglect or exploitation of a child by a parent or
14- 2 caretaker thereof;
14- 3 (C) Sexual abuse of a child; or
14- 4 (D) Sexual exploitation of a child.
14- 5 (E) However, no child who in good faith is being treated
14- 6 solely by spiritual means through prayer in accordance
14- 7 with the tenets and practices of a recognized church or
14- 8 religious denomination by a duly accredited practitioner
14- 9 thereof shall, for that reason alone, be considered to
14-10 be an 'abused' child.",
14-11 and by striking "Schoolteachers" and inserting in its
14-12 place "School teachers" in subparagraph (c)(1)(H) of
14-13 Code Section 19-7-5, relating to reporting of child
14-14 abuse, when mandated or authorized, content of report,
14-15 to whom made, immunity from liability, report based upon
14-16 privileged communication, and penalty for failure to
14-17 report.
14-18 (6) By striking the period at the end of paragraph (1)
14-19 and inserting in its place "; and" in Code Section
14-20 19-7-27, relating to hospital programs for establishment
14-21 of paternity.
14-22 (7) By adding "the 'Georgia Civil Practice Act,'"
14-23 following "Title 9," in subsection (b) of Code Section
14-24 19-7-47, relating to civil action, testimony of mother
14-25 and alleged father, and default judgments.
14-26 (8) By striking "hereof, however," and inserting in its
14-27 place "hereof; however," each time it appears in
14-28 subsections (b) through (f) of Code Section 19-8-26,
14-29 relating to how surrender of parental rights executed,
14-30 how and when surrender may be withdrawn, and forms.
14-31 (9) By inserting "Article 1 of" preceding "Chapter 6 of
14-32 Title 12" and by deleting "Part 3 of" preceding "Chapter
14-33 4 of Title 26" in paragraph (9) of subsection (a) of
14-34 Code Section 19-11-9.3, relating to suspension or denial
14-35 of license for noncompliance with child support order,
14-36 interagency agreements, and report to General Assembly.
14-37 (10) By striking the designations "(i), (ii), and (iii)"
14-38 and inserting in their place "(A), (B) and (C)",
14-39 respectively, in paragraph (1) of subsection (c) and by
14-40 striking "such within" and inserting in its place "such
14-41 order within" in paragraph (3) of subsection (c) of Code
-14-
15- 1 Section 19-11-12, relating to determination of ability
15- 2 to support, review procedures, order adjusting support
15- 3 award amount, and no release from liability due to
15- 4 subsequent financial obligation.
15- 5 (11) By striking "Chapter 11 of Title 19" and inserting
15- 6 in its place "this chapter" in subsection (b) of Code
15- 7 Section 19-11-14, relating to father's liability for
15- 8 support of child born out of wedlock and full faith and
15- 9 credit to paternity determination by another state.
15-10 (12) By redesignating paragraph (2) as paragraph (3) and
15-11 paragraph (3) as paragraph (2) in subsection (a) of Code
15-12 Section 19-11-30.2, relating to definitions and
15-13 information from financial institutions.
15-14 (13) By striking "19-11-30.11" and inserting in its
15-15 place "19-11-30.3 or Code Section 19-11-30.6" in Code
15-16 Section 19-11-30.4, relating to disclosure of
15-17 information.
15-18 (14) By striking "payment;" and inserting in its place
15-19 "payment; and" in paragraph (3) of Code Section
15-20 19-11-58, relating to Department of Human Resources
15-21 designated state information agency and duties.
15-22 (15) By striking "______________, 19__" and inserting in
15-23 its place "______________, ____" each time it appears in
15-24 the form in subsection (b) of Code Section 19-12-3,
15-25 relating to certificate of change of name, use as
15-26 evidence, and form of certificate.
15-27 (16) By striking "semi-annually" and inserting in its
15-28 place "semiannually" in subsection (h) of Code Section
15-29 19-15-2, relating to child abuse protocol committee,
15-30 written child abuse protocol, and training of members.
15-31 (17) By inserting a comma following "thereafter", by
15-32 striking "judiciary committees" and inserting in its
15-33 place "Judiciary Committees", and by inserting "of
15-34 Representatives" following "House" in subsection (d) of
15-35 Code Section 19-15-3, relating to the death of a child,
15-36 report, investigation, and annual report.
15-37 (18) By striking "House;" and inserting in its place
15-38 "House of Representatives;" in paragraph (10) of
15-39 subsection (a) and by inserting "of Representatives"
15-40 following "House" in subsection (f) of Code Section
15-41 19-15-4, relating to the State-wide Child Abuse
15-42 Prevention Panel.
-15-
16- 1 SECTION 20.
16- 2 Title 20 of the Official Code of Georgia Annotated, relating
16- 3 to education, is amended as follows:
16- 4 (1) By striking "with private driver" and inserting in
16- 5 its place "with a private driver" in Code Section
16- 6 20-2-257, relating to grants for driver education
16- 7 courses for secondary school students.
16- 8 (2) By striking "Code Section 20-2-984.5" and inserting
16- 9 in its place "this Code Section" in subsection (f) of
16-10 Code Section 20-2-984.5, relating to preliminary
16-11 investigations, disciplinary actions, and hearings of
16-12 the Professional Standards Commission.
16-13 (3) By striking "20-2-790" and inserting in its place
16-14 "20-2-984.5" in subsection (a) of Code Section
16-15 20-2-989.7, relating to matters not subject to
16-16 complaint.
16-17 (4) By striking "Practices" and inserting in its place
16-18 "Standards" in subsection (c) of Code Section 20-2-1000,
16-19 relating to limitation on civil damages for disciplining
16-20 student, "educator" defined, frivolous or nonmeritorious
16-21 actions, and legal counsel for the educator.
16-22 (5) By striking "______________, 19__" and inserting in
16-23 its place "______________, ____" in the form in
16-24 subsection (d) and by inserting "federal" preceding
16-25 "Education" in subsection (f) of Code Section 20-2-1160,
16-26 relating to local boards to be tribunals to determine
16-27 school law controversies, appeals, and special
16-28 provisions for disabled children.
16-29 (6) By striking "subsection" and inserting in its place
16-30 "Code section" in the introductory language of Code
16-31 Section 20-2-2067, relating to reprisals by local boards
16-32 or school system employees prohibited.
16-33 (7) By striking "Chapter 2 of this title" and inserting
16-34 in its place "this chapter" in subsection (d) of Code
16-35 Section 20-2-2068, relating to amendment and termination
16-36 of a charter, allotment of funds, and annual report.
16-37 (8) By striking ". Provided however the" and inserting
16-38 in its place "; provided, however, the" in paragraph (4)
16-39 and by inserting "of Article 1" following "Part 2" and
16-40 deleting "Part 3 of" preceding "Chapter 4" in paragraph
16-41 (8) of subsection (a) of Code Section 20-3-295, relating
-16-
17- 1 to corporation to maintain certified list of borrowers
17- 2 in default, administrative hearings, and appeals.
17- 3 (9) By striking "semester's" and inserting in its place
17- 4 "semesters'" in paragraph (1), by striking "subsection
17- 5 (2)" and inserting in its place "paragraph (2)" in
17- 6 subparagraphs (C) and (D) of paragraph (7), and by
17- 7 striking "Sec." and inserting in its place "Section" in
17- 8 paragraph (25) of Code Section 20-3-519, relating to
17- 9 definitions relative to the HOPE scholarships and
17-10 grants.
17-11 (10) By striking "of 'The Drug-Free Postsecondary
17-12 Education Act of 1990,'" and inserting in its place "of
17-13 the 'Drug-Free Postsecondary Education Act of 1990,'" in
17-14 paragraph (5) of Code Section 20-3-519.1, relating to
17-15 ineligibility for HOPE scholarships or grants.
17-16 (11) By striking the period and inserting in its place a
17-17 semicolon at the end of paragraph (1) of subsections (c)
17-18 and (d) of Code Section 20-3-519.3, relating to
17-19 eligibility requirements for a HOPE scholarship at a
17-20 private postsecondary institution.
17-21 (12) By deleting "or" at the end of paragraph (2) of
17-22 subsection (a) and by striking "account" and inserting
17-23 in its place "subaccount" in subsection (c) of Code
17-24 Section 20-3-519.7, relating to PROMISE teacher's
17-25 scholarships.
17-26 (13) By striking "account" and inserting in its place
17-27 "subaccount" in subsection (c) of Code Section
17-28 20-3-519.8, relating to HOPE teacher's scholarships.
17-29 SECTION 21.
17-30 Reserved.
17-31 SECTION 22.
17-32 Title 22 of the Official Code of Georgia Annotated, relating
17-33 to eminent domain, is amended as follows:
17-34 (1) By striking "______________, 19__" and inserting in
17-35 its place "______________, ____" in the form in Code
17-36 Section 22-2-104, relating to the form to be used in
17-37 appointing a special master.
17-38 (2) By striking "______________, 19__" and inserting in
17-39 its place "______________, ____" in the form in Code
-17-
18- 1 Section 22-2-105, relating to the appointment and oath
18- 2 of the special master.
18- 3 SECTION 23.
18- 4 Reserved.
18- 5 SECTION 24.
18- 6 Reserved.
18- 7 SECTION 25.
18- 8 Title 25 of the Official Code of Georgia Annotated, relating
18- 9 to fire safety and protection, is amended as follows:
18-10 (1) By striking "25-3-13" and inserting in its place
18-11 "25-2-13" in Code Section 25-2-15, relating to buildings
18-12 presenting special hazards to persons or property,
18-13 issuance of temporary occupancy permits, and time limits
18-14 for compliance with chapter.
18-15 SECTION 26.
18-16 Title 26 of the Official Code of Georgia Annotated, relating
18-17 to food, drugs, and cosmetics, is amended as follows:
18-18 (1) By inserting "and" following "doves," in paragraph
18-19 (3) of Code Section 26-2-410, relating to definitions
18-20 relative to sale of meat, poultry, or seafood from
18-21 mobile vehicles.
18-22 (2) By deleting "Part 6 of Article 2 of" in subsection
18-23 (a) of Code Section 26-3-22, relating to other laws
18-24 unaffected by chapter.
18-25 (3) By striking "well being" and inserting in its place
18-26 "well-being" in paragraph (5), by inserting a comma
18-27 following "16-13-29" in paragraph (6), by striking
18-28 "subparagraphs" and inserting in its place
18-29 "subparagraph" in subparagraph (D) of paragraph (12), by
18-30 redesignating paragraphs (13) and (14) as paragraphs
18-31 (14) and (13), respectively, by striking the semicolon
18-32 and inserting in its place a period at the end of
18-33 paragraph (15), by redesignating paragraphs (22) and
18-34 (23) as paragraphs (23) and (22), respectively, by
18-35 striking "paragraph (7)" and inserting in its place
18-36 "paragraph (6)", by striking "paragraph (8)" and
18-37 inserting in its place "paragraph (7)" and by striking
18-38 "Federal" and inserting in its place "federal" in
18-39 paragraph (35), and by striking "drug-related" and
18-40 inserting in its place "drug related" in paragraph (39)
-18-
19- 1 of Code Section 26-4-5, relating to definitions relative
19- 2 to the "Georgia Pharmacy Practice Act."
19- 3 (4) By inserting a comma following "compounding" in
19- 4 paragraph (10) and by striking "board," and inserting in
19- 5 its place "board and" in paragraph (15) of subsection
19- 6 (a), by striking "this section" and inserting in its
19- 7 place "this Code section" and by striking "such Act" and
19- 8 inserting in its place "such chapter" twice in paragraph
19- 9 (2) of subsection (c), and by striking "Recovery" and
19-10 inserting in its place "recovery" in the introductory
19-11 language of paragraph (5) of subsection (c) of Code
19-12 Section 26-4-28, relating to powers, duties, and
19-13 authority of the State Board of Pharmacy.
19-14 (5) By striking "Chapters 3 and 4" and inserting in its
19-15 place "Chapter 3 of this title and this chapter" in
19-16 paragraph (5) of subsection (b), by striking "(c)" and
19-17 inserting in its place "(c)(1)", by redesignating
19-18 paragraph (1) as paragraph (2), by redesignating
19-19 paragraph (2) as subsection (c.1), and by striking
19-20 "Chapters 3 and 4" and inserting in its place "Chapter 3
19-21 of this title and this chapter" in the newly
19-22 redesignated paragraph (1) of subsection (c) of Code
19-23 Section 26-4-29, relating to the Georgia Drugs and
19-24 Narcotics Agency; continuance; appointment,
19-25 requirements, and duties of director; power to make
19-26 arrests; report of violations of drug laws; and
19-27 dangerous drug list.
19-28 (6) By striking "record keeping" and inserting in its
19-29 place "record-keeping" in subsection (b), by striking
19-30 "this article" and inserting in its place "Article 3 of
19-31 this chapter" each time it appears in subsection (i), by
19-32 striking "this part" and inserting in its place "Article
19-33 3 of this chapter" in subsection (i), and by striking
19-34 "this part" and inserting in its place "Article 3 of
19-35 this chapter" each time it appears in subsection (k) of
19-36 Code Section 26-4-60, relating to grounds for
19-37 suspension, revocation, or refusal to grant licenses.
19-38 (7) By striking "ten days notice of any hearing held
19-39 under this subsection" and inserting in its place "ten
19-40 days' notice of any hearing held under this Code
19-41 section" in Code Section 26-4-61, relating to temporary
19-42 suspension of licenses, notice, and disciplinary
19-43 hearings.
-19-
20- 1 (8) By striking "schedule" and inserting in its place
20- 2 "Schedule" each time it appears throughout this Code
20- 3 section and by adding a comma following "the quantity of
20- 4 the drug dispensed" in subsection (e) of Code Section
20- 5 26-4-80, relating to dispensing, electronically
20- 6 transmitted drug orders, refills, and Schedule II
20- 7 controlled substance prescriptions.
20- 8 (9) By striking "shall sells or dispenses" and inserting
20- 9 in its place "shall sell or dispense" in Code Section
20-10 26-4-89, relating to selling drugs in vending machines
20-11 prohibited.
20-12 (10) By deleting the comma following "article" in
20-13 subsection (b) of Code Section 26-4-110, relating to
20-14 pharmacy licenses, classifications, applications, fees,
20-15 investigations, and prescription department
20-16 requirements.
20-17 (11) By inserting "Georgia" preceding "Drugs" in
20-18 subsection (d) of Code Section 26-4-116, relating to
20-19 emergency service providers, contracts with issuing
20-20 pharmacy, record keeping, and inspections.
20-21 (12) By inserting "or her" following "his" in paragraph
20-22 (5) of subsection (a) of Code Section 26-4-144, relating
20-23 to participating pharmacies, claim reimbursements, and
20-24 cancellation of contracts.
20-25 (13) By inserting "or her" following "his" in subsection
20-26 (d) of Code Section 26-4-146, relating to administrator,
20-27 registration, and bond.
20-28 SECTION 27.
20-29 Title 27 of the Official Code of Georgia Annotated, relating
20-30 to game and fish, is amended as follows:
20-31 ( ) By striking the semicolons and inserting in their
20-32 place periods at the end of paragraphs (13.1) and (13.2)
20-33 of Code Section 27-1-2, relating to definitions relative
20-34 to game and fish.
20-35 (1) By striking "______________, 19__" and inserting in
20-36 its place " (date) , ____" in subsection (c)
20-37 of Code Section 27-2-16, relating to commercial quail
20-38 breeder permits, maintenance of records by holders, and
20-39 selling and transporting of pen raised quail generally.
-20-
21- 1 (2) By adding "and" at the end of paragraph (8) of Code
21- 2 Section 27-3-4, relating to legal weapons for hunting
21- 3 wildlife generally.
21- 4 (3) By striking "in Code Sections 27-4-52 and 27-4-53"
21- 5 and inserting in its place "pursuant to Code Section
21- 6 27-4-51" in Code Section 27-4-6, relating to the use of
21- 7 minnow seines.
21- 8 (4) By striking "(e)(5)(A) and (e)(5)(B) of this Code
21- 9 section" and inserting in its place "(A) and (B) of
21-10 paragraph (5) of this subsection" in paragraph (6) of
21-11 subsection (e) of Code Section 27-4-150, relating to
21-12 taking, possessing, and dealing in crabs and peelers and
21-13 required records.
21-14 (5) By deleting "at any time" the second time it appears
21-15 in paragraph (2) of subsection (c) of Code Section
21-16 27-4-170, relating to sport bait shrimping.
21-17 SECTION 28.
21-18 Reserved.
21-19 SECTION 29.
21-20 Reserved.
21-21 SECTION 30.
21-22 Reserved.
21-23 SECTION 31.
21-24 Title 31 of the Official Code of Georgia Annotated, relating
21-25 to health, is amended as follows:
21-26 (1) By striking "26-4-123" and inserting in its place
21-27 "26-4-116" in Code Section 31-11-12, relating to
21-28 contracts between emergency service providers and
21-29 pharmacies for furnishing dangerous drugs and controlled
21-30 substances.
21-31 (2) By striking "______________, 19__" and inserting in
21-32 its place "______________, ____" in the form in
21-33 subsection (a) of Code Section 31-36-10, relating to the
21-34 form of power of attorney for health care and authorized
21-35 powers.
21-36 SECTION 32.
21-37 Title 32 of the Official Code of Georgia Annotated, relating
21-38 to highways, bridges, and ferries, is amended as follows:
-21-
22- 1 (1) By striking Code Section 32-6-3, relating to deposit
22- 2 of driver's license with arresting officer in lieu of
22- 3 bail or incarceration, driver's failure to appear before
22- 4 proper judicial officer, and applicability of Code
22- 5 section to foreign licenses, which is impliedly repealed
22- 6 by Ga. L. 1996, p. 1624, Section 2; Code Section
22- 7 17-6-11; effective September 1, 1998, and inserting in
22- 8 its place the following:
22- 9 "32-6-3.
22-10 Reserved. (a) Any other laws of this state to the contrary
22-12 notwithstanding, any person arrested by an officer charged
22-13 with enforcement of the provisions of this title limiting
22-14 the dimensions of vehicles and loads operating on the
22-15 public roads of this state, upon being served with the
22-16 official summons issued by such arresting officer, in lieu
22-17 of being immediately brought before the proper magistrate,
22-18 recorder, or other judicial officer to enter into a formal
22-19 recognizance or deposit a proper sum of money in lieu of a
22-20 recognizance or incarceration, may, upon agreement with
22-21 the arresting officer, deposit his driver's license with
22-22 the arresting officer in lieu of bail, entering into a
22-23 recognizance for his appearance for trial as set out in
22-24 the aforesaid summons, or being incarcerated by the
22-25 arresting officer and held for further action by the
22-26 appropriate judicial officer. A receipt for the driver's
22-27 license so deposited shall be given to such person by the
22-28 arresting officer; and thereafter said person shall be
22-29 permitted to use the receipt to operate a motor vehicle
22-30 upon the highways of this state during the pendency of the
22-31 case in which the license was deposited unless his license
22-32 is otherwise revoked, suspended, or canceled, provided
22-33 that such receipt shall in no event be valid for more than
22-34 45 days. The summons duly served as provided in this
22-35 subsection shall give the judicial officer jurisdiction to
22-36 dispose of the matter. (b) Upon receipt of a license as bail as provided in
22-38 subsection (a) of this Code section, the officer may
22-39 release the person so charged to await his court
22-40 appearance before the proper judicial officer as provided
22-41 for and required by the summons. If the driver fails to
22-42 appear and answer to the charge against him, the court in
22-43 which the charge is lodged shall immediately forward to
22-44 the Department of Public Safety the license which was
-22-
23- 1 deposited in lieu of bail. The commissioner of public
23- 2 safety shall, upon receipt of a license so forwarded by
23- 3 the court, suspend the driver's license and driving
23- 4 privilege of the defaulting driver until notified by the
23- 5 court that the charge against such driver has been finally
23- 6 adjudicated. (c) A valid license from a foreign state may be accepted
23- 8 for purposes of this Code section if there exists an
23- 9 agreement for that purpose between the commissioner of
23-10 public safety and such foreign state. Such foreign
23-11 license shall be handled in accordance with those
23-12 reasonable rules and regulations promulgated by the Board
23-13 of Public Safety for that purpose."
23-14 ( ) By deleting the "(a)" designation from Code Section
23-15 32-6-75.2, relating to authority of commissioner to
23-16 issue permits for trimming trees and vegetation on state
23-17 rights of way.
23-18 SECTION 33.
23-19 Title 33 of the Official Code of Georgia Annotated, relating
23-20 to insurance, is amended as follows:
23-21 (1) By striking "Code.' Such" and inserting in its
23-22 place "Code,' which" in subsection (a) of Code Section
23-23 33-20-5, relating to procedure for formation of health
23-24 care corporations and regulation and supervision of
23-25 corporations by Commissioner generally.
23-26 (2) By striking "Title 33" and inserting in its place
23-27 "this title" in paragraph (4) and by striking "purpose
23-28 of this section" and inserting in its place "purposes of
23-29 this Code section" in paragraph (7) of Code Section
23-30 33-20B-2, relating to definitions relative to the
23-31 "Essential Rural Health Care Provider Access Act."
23-32 (3) By striking "Title 33" and inserting in its place
23-33 "this title" in Code Section 33-20B-5, relating to
23-34 hearing and appeal rights of denied providers.
23-35 SECTION 34.
23-36 Reserved.
23-37 SECTION 35.
23-38 Title 35 of the Official Code of Georgia Annotated, relating
23-39 to law enforcement officers and agencies, is amended as
23-40 follows:
-23-
24- 1 (1) By striking "director or public" and inserting in
24- 2 its place "director of public" in Code Section 35-10-6,
24- 3 relating to procedure for obtaining permission to use
24- 4 nomenclature or symbols and discretion of local
24- 5 governing body.
24- 6 SECTION 36.
24- 7 Title 36 of the Official Code of Georgia Annotated, relating
24- 8 to local government, is amended as follows:
24- 9 (1) By striking "environmental or" and inserting in its
24-10 place "or environmental" in subsection (d) and by
24-11 striking "hereunder" and inserting in its place "under
24-12 this Code section" in subsection (e) of Code Section
24-13 36-1-19.1, relating to appropriations for charitable
24-14 grants or contributions in counties having populations
24-15 of 400,000 or more and boards or councils to establish
24-16 procedures and advise governing authorities.
24-17 (2) By striking "______________, 19__" and inserting in
24-18 its place "______________, ____" in subsection (a) of
24-19 Code Section 36-11-5, relating to the interest on orders
24-20 presented and not paid.
24-21 (3) By deleting "other than municipal courts of a
24-22 unified or consolidated government that have been given
24-23 jurisdiction as provided in Code Section 36-32-10.2"
24-24 from subsection (a) of Code Section 36-15-9, relating to
24-25 collection of additional costs in court cases, amount,
24-26 determination of need as prerequisite to collection, and
24-27 collection in certain criminal cases.
24-28 (4) By inserting "may be" preceding "leased or sold" in
24-29 the first sentence of subsection (d) of Code Section
24-30 36-60-21, relating to contracts with private companies
24-31 to construct and operate private toll roads and bridges
24-32 to facilitate public transportation without additional
24-33 tax revenues.
24-34 (5) By inserting "United States" preceding "decennial"
24-35 in subsection (a) and by inserting "rate of" between
24-36 "average" and "unemployment" in subsection (c) of Code
24-37 Section 36-88-6, relating to criteria for enterprise
24-38 zone.
24-39 SECTION 37.
24-40 Reserved.
-24-
25- 1 SECTION 38.
25- 2 Reserved.
25- 3 SECTION 39.
25- 4 Reserved.
25- 5 SECTION 40.
25- 6 Title 40 of the Official Code of Georgia Annotated, relating
25- 7 to motor vehicles and traffic, is amended as follows:
25- 8 (1) By striking paragraph (3) of subsection (a) of Code
25- 9 Section 40-2-20, relating to registration and license
25-10 requirements and penalties.
25-11 (2) By striking "______________, 19__" and inserting in
25-12 its place "______________, ____" in the form in Code
25-13 Section 40-6-374, relating to the form of adopting an
25-14 ordinance.
25-15 SECTION 41.
25-16 Reserved.
25-17 SECTION 42.
25-18 Title 42 of the Official Code of Georgia Annotated, relating
25-19 to penal institutions, is amended as follows:
25-20 (1) By inserting "and" preceding "employment" and by
25-21 striking "data, and" and inserting in its place "data
25-22 and" in subparagraph (b)(3)(C), by striking "the
25-23 residence" and inserting in its place "his or her
25-24 residence" in subparagraph (d)(1)(D), and by striking
25-25 "herein" and inserting in its place "in this Code
25-26 section" in paragraph (3) of subsection (i) of Code
25-27 Section 42-1-12, relating to State Sexual Offender
25-28 Registry.
25-29 SECTION 43.
25-30 Title 43 of the Official Code of Georgia annotated, relating
25-31 to professions and business, is amended as follows:
25-32 (1) By inserting "43-1-11 and Code Section" after
25-33 "through" each time it appears in Code Section 43-1-12,
25-34 relating to the duty of joint-secretary to inform
25-35 applicants of availability of veteran credit and rules
25-36 and regulations for implementing veteran credit program.
25-37 (2) By striking "'The Professional Association Act,'"
25-38 and inserting in its place "'The Georgia Professional
-25-
26- 1 Association Act,'" in Code Section 43-1-24, relating to
26- 2 licensed professionals subject to regulation by state
26- 3 examining board.
26- 4 (3) By striking the period and inserting in its place a
26- 5 colon in paragraph (10) of subsection (a) of Code
26- 6 Section 43-10A-17, relating to enforcement of chapter.
26- 7 (4) By deleting the comma after "structure" in paragraph
26- 8 (1) and by striking "'Dietetic Practice,' 'Dietetics,'
26- 9 and 'Medical Nutrition Therapy'" and inserting in its
26-10 place "'dietetic practice,' 'dietetics,' and 'medical
26-11 nutrition therapy'" in the undesignated paragraph
26-12 following subparagraph (E) of paragraph (4) of Code
26-13 Section 43-11A-3, relating to definitions relative to
26-14 the "Dietetics Practice Ace."
26-15 (5) By striking "community/public" and inserting in its
26-16 place "community or public" in paragraph (1) of
26-17 subsection (a) of Code Section 43-11A-4, relating to
26-18 creation of board.
26-19 (6) By striking "article" and inserting in its place
26-20 "chapter" and by striking "themselves" and inserting in
26-21 its place "himself or herself" in subsection (a) of Code
26-22 Section 43-11A-16, relating to license requirement.
26-23 (7) By inserting "shall be known and" after "chapter" in
26-24 Code Section 43-13-1, relating to short title.
26-25 (8) By inserting "plumbers" after "journeyman" in
26-26 paragraph (12) of Code Section 43-14-2, relating to
26-27 definitions.
26-28 (9) By striking "practices" and inserting in its place
26-29 "practice" in subparagraph (C) of paragraph (1) and by
26-30 striking "(professional engineers' examination)" and
26-31 inserting in its place "(professional engineer's
26-32 examination)" in subparagraph (C) of paragraphs (1)
26-33 through (4) in Code Section 43-15-9, relating to
26-34 professional engineer certificate of registration and
26-35 eligibility.
26-36 (10) By striking "in no event to exceed" and inserting
26-37 in its place "not more than" in subsection (a) of Code
26-38 Section 43-15-26, relating to cease and desist orders
26-39 and civil penalties for violation of order.
26-40 (11) By striking "subdivision" and inserting in its
26-41 place "subdivisions" in paragraph (3) of subsection (b)
-26-
27- 1 of Code Section 43-15-29, relating to exceptions to
27- 2 operation of chapter.
27- 3 (12) By striking "'Fund raising counsel'" and inserting
27- 4 in its place "'Fundraising counsel'" and by striking
27- 5 "fund-raising" and inserting in its place "fundraising"
27- 6 in paragraph (8) of Code Section 43-17-2, relating to
27- 7 definitions.
27- 8 (13) By inserting a comma after "optometrist" in
27- 9 subsection (c) of Code Section 43-29-18, relating to
27-10 construction of chapter.
27-11 (14) By striking "one's self" and inserting in its place
27-12 "oneself" in paragraph (3) of Code Section 43-34-20,
27-13 relating to definitions.
27-14 (15) By striking "(b.1) of Code Section 26-4-4" and
27-15 inserting in its place "(b) of Code Section 26-4-130" in
27-16 subparagraph (b)(2)(B) and in the undesignated text at
27-17 the end of paragraph (3) of subsection (b) of Code
27-18 Section 43-34-26.1, relating to delegation of authority
27-19 to nurse or physician's assistant.
27-20 (16) By striking "was denied" and inserting in its place
27-21 "been denied" in paragraph (5) of subsection (a), by
27-22 striking the period at the end of paragraph (13) and
27-23 inserting in its place a colon, by striking the period
27-24 and inserting in its place a semicolon at the end of
27-25 subparagraph (A) of paragraph (13), and by striking the
27-26 period and inserting in its place "; and" at the end of
27-27 subparagraph (B) of paragraph (13) of subsection (a) of
27-28 Code Section 43-34-37, relating to authority to refuse
27-29 license or discipline physician and enforcement
27-30 investigations.
27-31 (17) By deleting "Part 3 of Article 2 of" in subsection
27-32 (e) and by striking "26-4-2" and inserting in its place
27-33 "26-4-5" in paragraph (1) of subsection (e.1) of Code
27-34 Section 43-34-103, relating to application for
27-35 assistant, number of assistants, new job descriptions,
27-36 scope of duties, employment by nonpracticing physicians,
27-37 and delegated authority.
27-38 (18) By striking "in 1994" and inserting in its place
27-39 "on July 1, 1994," and by striking "governor" and
27-40 inserting in its place "Governor" in Code Section
27-41 43-35-5, relating to members of board, appointment,
27-42 oath, and removal.
-27-
28- 1 (19) By striking "Persons" and inserting in its place
28- 2 "Any person" and by inserting a comma after "paragraph"
28- 3 in paragraph (2) of Code Section 43-39-7, relating to
28- 4 practicing without a license.
28- 5 (20) By striking the period and inserting in its place a
28- 6 semicolon at the end of paragraph (2) of subsection (b)
28- 7 of Code Section 43-39-8, relating to application for
28- 8 license.
28- 9 (21) By inserting a comma preceding "provided" in Code
28-10 Section 43-39-20, relating to immunity from civil and
28-11 criminal liability for certain good faith actions.
28-12 (22) By striking "10 days" and inserting in its place
28-13 "ten days" each time it appears in subsection (b) of
28-14 Code Section 43-45-24.1, relating to civil penalty,
28-15 negotiated settlements, hearings and procedures,
28-16 disposition of penalties, judicial review, and
28-17 judgments.
28-18 (23) By inserting "and may be cited" after "known" in
28-19 Code Section 43-47-1, relating to short title.
28-20 (24) By inserting "shall be known and" after "chapter"
28-21 in Code Section 43-50-1, relating to short title.
28-22 (25) By deleting "Part 3 of Article 2 of" from
28-23 subsection (d) of Code Section 43-50-54, relating to
28-24 limitations as to performance of duties.
28-25 (26) By inserting "shall be known and" after "chapter"
28-26 in Code Section 43-51-1, relating to short title.
28-27 SECTION 44.
28-28 Title 44 of the Official Code of Georgia Annotated, relating
28-29 to property, is amended as follows:
28-30 (1) By striking "______________, 19__" and inserting in
28-31 its place "______________, ____" in the form in
28-32 subsection (b) of Code Section 44-2-67, relating to
28-33 issuance and service of process or summons, service by
28-34 publication, notice to nonresidents, request for
28-35 petition, and guardians ad litem.
28-36 (2) By striking "______________, 19__" and inserting in
28-37 its place "______________, ____" in the form in Code
28-38 Section 44-2-221, relating to the form of the petition
28-39 to register land.
-28-
29- 1 (3) By striking "______________, 19__" and inserting in
29- 2 its place "______________, ____" each time it appears in
29- 3 the form in Code Section 44-2-222, relating to the form
29- 4 of process.
29- 5 (4) By striking "______________, 19__" and inserting in
29- 6 its place "______________, ____" each time it appears in
29- 7 the form in Code Section 44-2-223, relating to
29- 8 advertisement to petition to register land.
29- 9 (5) By striking "______________, 19__" and inserting in
29-10 its place "______________, ____" in the form in Code
29-11 Section 44-2-224, relating to acknowledgment of service.
29-12 (6) By striking "______________, 19__" and inserting in
29-13 its place "______________, ____" in the form in Code
29-14 Section 44-2-225, relating to the form for the sheriff's
29-15 return.
29-16 (7) By striking "______________, 19__" and inserting in
29-17 its place "______________, ____" each time it appears in
29-18 the form in Code Section 44-2-226, relating to the
29-19 certificate of mailing and the entry of such certificate
29-20 on the petition.
29-21 (8) By striking "______________, 19__" and inserting in
29-22 its place "______________, ____" in the form in Code
29-23 Section 44-2-227, relating to the form used in
29-24 appointing examiners.
29-25 (9) By striking "______________, 19__" and inserting in
29-26 its place "______________, ____" in the form in Code
29-27 Section 44-2-228, relating to the oath of the examiner.
29-28 (10) By striking "______________, 19__" and inserting in
29-29 its place "______________, ____" in the form in Code
29-30 Section 44-2-229, relating to the referral of a petition
29-31 to an examiner.
29-32 (11) By striking "______________, 19__" and inserting in
29-33 its place "______________, ____" in the form in Code
29-34 Section 44-2-230, relating to the preliminary report and
29-35 schedules of an examiner.
29-36 (12) By striking "______________, 19__" and inserting in
29-37 its place "______________, ____" in the form in Code
29-38 Section 44-2-231, relating to the final report of an
29-39 examiner.
-29-
30- 1 (13) By striking "______________, 19__" and inserting in
30- 2 its place "______________, ____" in the form in Code
30- 3 Section 44-2-232, relating to the decrees of title.
30- 4 (14) By striking "______________, 19__" and inserting in
30- 5 its place "______________, ____" in paragraph (4) of
30- 6 subsection (a) of Code Section 44-2-233, relating to the
30- 7 book of decrees and an index thereto.
30- 8 (15) By striking "______________, 19__" and inserting in
30- 9 its place "______________, ____" each time it appears in
30-10 the form in Code Section 44-2-234, relating to title
30-11 register book, registered title number, and index of
30-12 title register.
30-13 (16) By striking "______________, 19__" and inserting in
30-14 its place "______________, ____" in the form in
30-15 subsection (a) of Code Section 44-2-240, relating to the
30-16 owner's certificate of title.
30-17 (17) By striking "______________, 19__" and inserting in
30-18 its place "______________, ____" each time it appears in
30-19 the forms and by inserting "the" preceding "presence" in
30-20 the first form in Code Section 44-2-241, relating to the
30-21 transfer of whole of registered estates, undivided
30-22 interests, divided portions, and to secure debt, with
30-23 power of sale.
30-24 (18) By striking "______________, 19__" and inserting in
30-25 its place "______________, ____" each time it appears in
30-26 the forms in subsections (a) and (c) of Code Section
30-27 44-2-242, relating to creditor's certificate and
30-28 endorsement of certificate.
30-29 (19) By striking "______________, 19__" and inserting in
30-30 its place "______________, ____" in the form in
30-31 subsection (a) of Code Section 44-2-244, relating to the
30-32 judge's order of transfer.
30-33 (20) By striking "______________, 19__" and inserting in
30-34 its place "______________, ____" in the form in
30-35 subsection (a) of Code Section 44-2-245, relating to
30-36 registration and recordation of mortgages.
30-37 (21) By striking "19__" and inserting in its place
30-38 "____" each time it appears in the form in Code Section
30-39 44-2-246, relating to notation of delinquent taxes or
30-40 assessments.
-30-
31- 1 (22) By striking "______________, 19__" and inserting in
31- 2 its place "______________, ____" in the form in Code
31- 3 Section 44-2-247, relating to notation of judgment.
31- 4 (23) By striking "______________, 19__" and inserting in
31- 5 its place "______________, ____" in the form in
31- 6 subsection (a) of Code Section 44-2-248, relating to
31- 7 notation of special right, notice of lis pendens, and
31- 8 recordation and notation of lengthy descriptions.
31- 9 (24) By striking "______________, 19__" and inserting in
31-10 its place "______________, ____" in the form in Code
31-11 Section 44-2-250, relating to a request to cancel
31-12 entries.
31-13 (25) By striking "______________, 19__" and inserting in
31-14 its place "______________, ____" in Code Section
31-15 44-2-252, relating to updating entries and notations on
31-16 owner's certificate and a clerk's endorsement.
31-17 (26) By striking "______________, 19__" and inserting in
31-18 its place "______________, ____" in the form in
31-19 subsection (b) of Code Section 44-7-21, relating to
31-20 written brokerage agreement as binding obligation and
31-21 notice of commission rights form.
31-22 (27) By striking "______________, 19__" and inserting in
31-23 its place "______________, ____" in the notice form in
31-24 Code Section 44-13-7, relating to publication and form
31-25 of notice of application.
31-26 (28) By striking "______________, 19__" and inserting in
31-27 its place "______________, ____" in Code Section
31-28 44-13-11, relating to approval of application,
31-29 transmittal of copy of exempted real property to other
31-30 counties, recordation, and evidentiary value.
31-31 (29) By striking "______________, 19__" and inserting in
31-32 its place "______________, ____" in the form in
31-33 subsection (c) of Code Section 44-14-67, relating to
31-34 cancellation of deed as reconveyance of title.
31-35 (30) By striking "______________, 19__" and inserting in
31-36 its place "______________, ____" each time it appears in
31-37 the form in subsection (d) of Code Section 44-14-232,
31-38 relating to summons, service on defendant, debtor's duty
31-39 to notify creditor of address changes, and form.
31-40 (31) By striking "______________, 19__" and inserting in
31-41 its place "______________, ____" in the form in
-31-
32- 1 subsection (e) of Code Section 44-14-233, relating to
32- 2 answer, reopening the default, granting writ upon
32- 3 default, trial, and order to turn over property to
32- 4 sheriff.
32- 5 (32) By striking "______________, 19__" and inserting in
32- 6 its place "______________, ____" in the form in the
32- 7 introductory language of subsection (c) of Code Section
32- 8 44-14-320, relating to certain liens established and
32- 9 removal of nonconforming liens.
32-10 (33) By striking "______________, 19__" and inserting
32-11 in its place "______________, ____" in the form in
32-12 subsection (b) of Code Section 44-14-362, relating to
32-13 cancellation of preliminary notice upon final payment
32-14 and form of cancellation.
32-15 (34) By striking "______________, 19__" and inserting in
32-16 its place "______________, ____" each time it appears in
32-17 the forms in subsections (c) and (d) and in subparagraph
32-18 (f)(2)(C) and by striking "acknowledgement" and
32-19 inserting in its place "acknowledgment" in subparagraph
32-20 (f)(2)(B) in Code Section 44-14-366, relating to waiver
32-21 of lien or claim upon bond in advance of furnishing
32-22 labor, services, or materials void; interim waiver and
32-23 release upon payment; unconditional waiver and release
32-24 upon final payment; and affidavit of nonpayment.
32-25 SECTION 45.
32-26 Title 45 of the Official Code of Georgia Annotated, relating
32-27 to public officers and employees, is amended as follows:
32-28 (1) By striking "required including" and inserting in
32-29 its place "required, including" in subsection (d) of
32-30 Code Section 45-9-110, relating to authorization for
32-31 consolidation, billing procedure, reserve fund,
32-32 investment of funds, contracting for services, and
32-33 provision of unemployment compensation benefits to
32-34 certain county employees.
32-35 (2) By striking "______________, 19__" and inserting in
32-36 its place "______________, ____" in the form in
32-37 paragraph (2) of subsection (d) of Code Section
32-38 45-17-2.1, relating to application to be a notary and
32-39 endorsements and declarations.
32-40 (3) By striking "article employees," and inserting in
32-41 its place "article of employees," by striking
32-42 "solicitor," and inserting in its place "solicitor" each
-32-
33- 1 time it appears, by striking "commissioners; and" and
33- 2 inserting in its place "commissioners and", and by
33- 3 striking "same" after "remit" in subsection (b) of Code
33- 4 Section 45-18-5, relating to county officers and
33- 5 employees.
33- 6 (4) By striking "strike. Provided," and inserting in its
33- 7 place "strike; provided," and by striking "this act" and
33- 8 inserting in its place "this article" in Code Section
33- 9 45-19-2, relating to public employees not to promote,
33-10 participate in, or encourage strikes.
33-11 (5) By striking "officer of employee" and inserting in
33-12 its place "officer or employee" in subsection (c) of
33-13 Code Section 45-24-6, relating to notice to chief
33-14 executive officer of state departments, response
33-15 required, proceedings when continued employment
33-16 available, and review of termination or separation.
33-17 SECTION 46.
33-18 Title 46 of the Official Code of Georgia Annotated, relating
33-19 to public utilities and public transportation, is amended as
33-20 follows:
33-21 (1) By striking "______________, 19__" and inserting in
33-22 its place "______________, ____" each time it appears in
33-23 the form in paragraph (1) of subsection (e) of Code
33-24 Section 46-3-322, relating to filing articles of
33-25 incorporation, issuance of certificate of incorporation,
33-26 forwarding of copy of certificate to clerk of superior
33-27 court, rejection of articles of incorporation,
33-28 publication of notice, and commencement of corporate
33-29 existence.
33-30 (2) By striking "______________, 19__" and inserting in
33-31 its place "______________, ____" in the form in
33-32 subsection (a) of Code Section 46-3-423, relating to
33-33 procedure after filing statement of intent to dissolve.
33-34 (3) By striking "______________, 19__" and inserting in
33-35 its place "______________, ____" in the form in
33-36 subsection (c) of Code Section 46-3-468, relating to
33-37 application for reinstatement of certificate of
33-38 authority.
33-39 (4) By striking "______________, 19__" and inserting in
33-40 its place "______________, ____" each time it appears in
33-41 the form in Code Section 46-5-75, relating to
33-42 certificate of the Secretary of State.
-33-
34- 1 (5) By striking "communication" and inserting in its
34- 2 place "communications" and by striking "staff to a 911
34- 3 communication" and inserting in its place "staff of a
34- 4 '911' communications" in subsection (c) of Code Section
34- 5 46-5-124, relating to guidelines for implementing
34- 6 state-wide emergency telephone number "911" system and
34- 7 training and equipment standards.
34- 8 (6) By striking "an enhanced wireless" and inserting in
34- 9 its place "a wireless enhanced" in subparagraph
34-10 (b)(1)(A) of Code Section 46-5-133, relating to
34-11 authority of local government to adopt resolution to
34-12 impose monthly "911" charge.
34-13 (7) By striking "911 charges" and inserting in its place
34-14 "911 charge" in paragraph (1) and subparagraphs (A) and
34-15 (B) of paragraph (2) of subsection (a), by striking
34-16 "enhanced wireless" and inserting in its place "wireless
34-17 enhanced" each time it appears in paragraph (4) of
34-18 subsection (d), and by striking "provision" and
34-19 inserting in its place "provisions" and by deleting the
34-20 comma after "charge" in subsection (i) of Code Section
34-21 46-5-134, relating to billing of subscribers, liability
34-22 of subscriber for service charge, taxes on service,
34-23 establishment of Emergency Telephone System Fund,
34-24 records, and use of federal, state, municipal, or
34-25 private funds.
34-26 (8) By deleting ", and no confirmation card, as
34-27 described in subparagraph (a)(4)(H) or (a)(4)(I) of this
34-28 Code section requiring the customer to deny or cancel a
34-29 service order, may be sent out with any information
34-30 package related to a customer's request for information"
34-31 from subsection (f) of Code Section 46-5-183, relating
34-32 to procedures for confirmation of changes in selection
34-33 of a primary local exchange or long distance carrier
34-34 generated by telemarketing.
34-35 (9) By striking "______________, 19__" and inserting in
34-36 its place "______________, ____" in the form in
34-37 subsection (a) of Code Section 46-8-42, relating to
34-38 certificate of incorporation, duration of corporate
34-39 existence, and fee for issuance of certificate.
34-40 (10) By striking "______________, 19__" and inserting in
34-41 its place "______________, ____" in the form in Code
34-42 Section 46-9-230, relating to the manner of
34-43 incorporation of express companies.
-34-
35- 1 SECTION 47.
35- 2 Reserved.
35- 3 SECTION 48.
35- 4 Title 48 of the Official Code of Georgia Annotated, relating
35- 5 to revenue and taxation, is amended as follows:
35- 6 (1) By adding a comma after "ad valorem taxes" and by
35- 7 inserting a comma following "not yet disbursed" in
35- 8 subparagraph (b)(3)(A) of Code Section 48-2-44, relating
35- 9 to penalty and interest on failure to file return or pay
35-10 revenue held in trust for state, penalty and interest on
35-11 willful failure to pay ad valorem tax, and distribution
35-12 of penalties and interest.
35-13 (2) By striking "Procedures Act" and inserting in its
35-14 place "Procedure Act" in subsections (f) and (g) of Code
35-15 Section 48-2-105, relating to written notice to eligible
35-16 recipients, contents, written objection to settlement,
35-17 conference before commissioner or designee,
35-18 determination of amount due, procedure for other
35-19 disputes, and appeal.
35-20 (3) By striking "quality and nature" and inserting in
35-21 its place "quality or nature" in subsections (a) and (d)
35-22 and by striking "______________, 19__" and inserting in
35-23 its place "______________, ____" each time it appears in
35-24 the forms in subsections (b) and (e) of Code Section
35-25 48-3-14, relating to petition to reduce execution to
35-26 judgment and procedures for nonresident.
35-27 (4) By striking "______________, 19__" and inserting in
35-28 its place "______________, ____" each time it appears in
35-29 the notice in subsection (a) of Code Section 48-4-46,
35-30 relating to form of notice of foreclosure of right to
35-31 redeem, service, time, return and record, and waiver.
35-32 (5) By striking "'Interested Party'" and inserting in
35-33 its place "'Interested party'" in subparagraph (C) of
35-34 paragraph (1) of Code Section 48-4-77, relating to
35-35 definitions relative to ad valorem tax foreclosures.
35-36 (6) By striking paragraphs (3) and (4) of subsection (b)
35-37 of Code Section 48-4-79, relating to a judicial hearing
35-38 on petition, orders, priority of claims, and death of
35-39 interested party, and inserting in their place the
35-40 following:
-35-
36- 1 "(3) The holders of easements Easements and
36- 2 rights-of-way described in Code Section 48-3-9 rights of
36- 3 way of holders who are not interested parties under
36- 4 subparagraph (C) of paragraph (1) of Code Section
36- 5 48-4-77; and
36- 6 (4) The holders of the benefits Benefits or burdens of
36- 7 any real covenants filed of record as of the date of
36- 8 filing of the petition."
36- 9 (7) By striking "lien holder" and inserting in its place
36-10 "lienholder" each time it appears in subsection (c) of
36-11 Code Section 48-4-80, relating to redemption by owner or
36-12 other interested party.
36-13 (8) By inserting "of subsection (a)" following
36-14 "paragraph (10)" in paragraphs (3) and (4) of subsection
36-15 (a) of Code Section 48-5-41.1, relating to exemption of
36-16 qualified farm products from taxation.
36-17 (9) By striking "sixty-five (65)" and inserting in its
36-18 place "65", by striking "State" and inserting in its
36-19 place "state", and by striking "above exempted" and
36-20 inserting in its place "above-exempted" in subsection
36-21 (b) of Code Section 48-5-47, relating to applications
36-22 for homestead exemptions of individuals 65 or older.
36-23 (10) By striking "5" and inserting in its place "five"
36-24 in paragraph (3) of subsection (a) of Code Section
36-25 48-5-47.1, relating to homestead exemptions for
36-26 individuals 62 or older with annual incomes not
36-27 exceeding $30,000.00
36-28 (11) Reserved.
36-29 (12) By striking "48-5-3111" and inserting in its place
36-30 "48-5-311" in subsection (d) of Code Section 48-5-48.1,
36-31 relating to the tangible personal property inventory
36-32 exemption, application, failure to file application as
36-33 waiver of exemption, and denials.
36-34 (13) By striking "county," and inserting in its place
36-35 "county" in paragraph (7) of Code Section 48-5-103,
36-36 relating to duties of tax receivers.
36-37 (14) By striking the semicolons and inserting in their
36-38 place periods at the end of subparagraphs (A) and (B) of
36-39 paragraph (11); by striking "the purchase, replacement,
36-40 and maintenance of school lunchroom equipment, purchase
36-41 of school lunchroom supplies, transportation, storage,
-36-
37- 1 and preparation of foods, all other costs" and inserting
37- 2 in its place "the: purchase, replacement, and
37- 3 maintenance of school lunchroom equipment; purchase of
37- 4 school lunchroom supplies; transportation, storage, and
37- 5 preparation of foods; and all other costs" in paragraph
37- 6 (18) of Code Section 48-5-220, relating to purposes of
37- 7 county taxes.
37- 8 (15) By striking "case by case" and inserting in its
37- 9 place "case-by-case" in subsection (c) of Code Section
37-10 48-5-242, relating to waiver of penalties due on unpaid
37-11 taxes.
37-12 (16) By striking "division" and inserting in its place
37-13 "subdivision" in subdivision (b)(1)(A)(i)(I) of Code
37-14 Section 48-5-269, relating to authority to promulgate
37-15 rules and regulations regarding uniform books, records,
37-16 forms, and manuals and limits on change in current use
37-17 value of conservation use property.
37-18 (17) By striking "Notwithstanding Code Section 50-18-74,
37-19 failure" and inserting in its place "Failure" in
37-20 paragraph (3) of subsection (a) of Code Section
37-21 48-5-314, relating to confidentiality of certain
37-22 taxpayer records.
37-23 (18) By striking "insure" and inserting in its place
37-24 "ensure" in paragraph (3) of subsection (a) of Code
37-25 Section 48-5-349.2, relating to procedure for appeal to
37-26 the department.
37-27 (19) By striking "herein" and inserting in its place "in
37-28 this Code section" in Code Section 48-5-478, relating to
37-29 constitutional exemption from ad valorem taxation for
37-30 disabled veterans.
37-31 (20) By striking "$3,000" and inserting in its place
37-32 "$3,000.00" in paragraph (4) of subsection (b) of Code
37-33 Section 48-7-26, relating to personal exemptions.
37-34 (21) By striking the terms "FSC's" and "DISC's" each
37-35 time they appear and inserting in their respective
37-36 places "foreign sales corporations" and "domestic import
37-37 sales corporations" in subsection (a) of Code Section
37-38 48-7-56, relating to time and place of filing returns,
37-39 extensions, tentative returns, extensions for members of
37-40 armed forces, and estimated returns.
37-41 (22) By striking "identifiable" and inserting in its
37-42 place "identifiable" in subsections (c) and (d) of Code
-37-
38- 1 Section 48-8-67, relating to distribution of certain
38- 2 unidentifiable sales and use tax proceeds, limitations,
38- 3 and powers and duties of state revenue commissioner.
38- 4 (23) By striking "(a)(1)(B)(i) of this Code section" and
38- 5 inserting in its place "(i) of this subparagraph" in
38- 6 subparagraph (a)(1)(B)(ii) of Code Section 48-13-51,
38- 7 relating to county and municipal levies on public
38- 8 accommodations charges for promotion of tourism,
38- 9 conventions, and trade shows.
38-10 SECTION 49.
38-11 Title 49 of the Official Code of Georgia Annotated, relating
38-12 to social services, is amended as follows:
38-13 (1) By deleting "Article 4 of" from paragraph (6) of
38-14 Code Section 49-4-121, relating to definitions relative
38-15 to medical assistance for aged.
38-16 SECTION 50.
38-17 Reserved.
38-18 SECTION 51.
38-19 Title 51 of the Official Code of Georgia Annotated, relating
38-20 to torts, is amended as follows:
38-21 (1) By striking "herein" and inserting in its place "in
38-22 this Code Section" in paragraph (1) of subsection (a) of
38-23 Code Section 51-1-29.1, relating to liability of
38-24 voluntary health care provider and sponsoring
38-25 organization.
38-26 SECTION 52.
38-27 Title 52 of the Official Code of Georgia Annotated, relating
38-28 to waters of the state, ports, and watercraft, is amended as
38-29 follows:
38-30 (1) By striking "______________, 19__" and inserting in
38-31 its place "______________, ____" in the form in Code
38-32 Section 52-4-2, relating to issuance of certificate of
38-33 incorporation for canal company.
38-34 (2) By striking "______________, 19__" and inserting in
38-35 its place "______________, ____" in the form in Code
38-36 Section 52-5-3, relating to issuance of certificate of
38-37 incorporation for navigation company generally.
38-38 (3) By inserting "an" between "read by" and "arresting"
38-39 in the undesignated language following the notice in
-38-
39- 1 paragraph (2) of subsection (b) and by striking
39- 2 "specified above" and inserting in its place "specified
39- 3 in paragraph (1) of this subsection" in paragraph (3) of
39- 4 subsection (g) of Code Section 52-7-12.5, relating to
39- 5 ordering drug or alcohol tests, implied consent notice,
39- 6 reports, suspension, hearing, and certificate of
39- 7 inspection.
39- 8 SECTION 53.
39- 9 Title 53 of the Official Code of Georgia Annotated, relating
39-10 to wills, is amended as follows:
39-11 (1) By striking "______________, 19__" and inserting in
39-12 its place "______________, ____" in the form in
39-13 subsection (b) of Code Section 53-4-24 of the Revised
39-14 Probate Code of 1998, relating to self-proved will or
39-15 codicil.
39-16 (2) By striking "______________, 19__" and inserting in
39-17 its place "______________, ____" in the form in
39-18 subsection (b) of Code Section 53-12-52, relating to
39-19 filing of deed in superior court, clerk's fees, filing
39-20 of copies with Secretary of State, certificate, use of
39-21 certified copy as evidence, additional copies and fees
39-22 therefor, and filing and fees for amendments.
39-23 (3) By striking "Code Sections 11-8-317" and inserting
39-24 in its place "Code Sections 11-8-112" in Code Section
39-25 53-12-54, relating to issuance of certificates of
39-26 beneficial interest, status of certificates, enforcement
39-27 of claims against estate, service of process, venue, and
39-28 liability of trustees and beneficiaries.
39-29 SECTION 54.
39-30 Except for Title 47, the text of Code sections and title,
39-31 chapter, article, part, subpart, Code section, subsection,
39-32 paragraph, subparagraph, division, and subdivision numbers
39-33 and designations as contained in the Official Code of
39-34 Georgia Annotated published under authority of the state by
39-35 the Michie Company in 1982 and contained in Volumes 3
39-36 through 40 of such publication or replacement volumes
39-37 thereto, as amended by the text and numbering of Code
39-38 sections as contained in the 1998 supplements to the
39-39 Official Code of Georgia Annotated published under authority
39-40 of the state in 1998 by the Michie Company, is reenacted and
39-41 shall have the effect of statutes enacted by the General
39-42 Assembly of Georgia. Annotations; editorial notes; Code
-39-
40- 1 Revision Commission notes; research references; notes on law
40- 2 review articles; opinions of the Attorney General of
40- 3 Georgia; indexes; analyses; title, chapter, article, part,
40- 4 and subpart captions or headings, except as otherwise
40- 5 provided in the Code; catchlines of Code sections or
40- 6 portions thereof, except as otherwise provided in the Code;
40- 7 and rules and regulations of state agencies, departments,
40- 8 boards, commissions, or other entities which are contained
40- 9 in the Official Code of Georgia Annotated are not enacted as
40-10 statutes by the provisions of this Act. Material which has
40-11 been added in brackets or parentheses and editorial, delayed
40-12 effective date, effect of amendment, or other similar notes
40-13 within the text of a Code section by the editorial staff of
40-14 the publisher in order to explain or to prevent a
40-15 misapprehension concerning the contents of the Code section
40-16 and which is explained in an editorial note is not enacted
40-17 by the provisions of this section and shall not be
40-18 considered a part of the Official Code of Georgia Annotated.
40-19 The reenactment of the statutory portion of the Official
40-20 Code of Georgia Annotated by this Act shall not affect,
40-21 supersede, or repeal any Act of the General Assembly, or
40-22 portion thereof, which is not contained in the Official Code
40-23 of Georgia Annotated and which was not repealed by Code
40-24 Section 1-1-10, specifically including those Acts which have
40-25 not yet been included in the text of the Official Code of
40-26 Georgia Annotated because of effective dates which extend
40-27 beyond the effective date of the Code or the publication
40-28 date of the Code or its supplements. The provisions
40-29 contained in other sections of this Act and in the other
40-30 Acts enacted at the 1998 regular session of the General
40-31 Assembly of Georgia shall supersede the provisions of the
40-32 Official Code of Georgia Annotated reenacted by this
40-33 section.
40-34 SECTION 55.
40-35 This Act shall become effective upon its approval by the
40-36 Governor or upon its becoming law without such approval.
40-37 SECTION 56.
40-38 All laws and parts of laws in conflict with this Act are
40-39 repealed.
-40-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/19/99
