This Act makes extensive editorial amendments to the Official Code of Georgia Annotated to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions and reenacts the statutory portion of the Code as so amended.

Effective April 14, 2006, except that certain portions become effective at later dates.

Act 466; HB 847

This Act changes provisions relating to juvenile proceedings and marriage and establishes conditions for minors to become emancipated by law. The Act amends provisions relating to the rights of minors and minors' contracts for property, valuable consideration, or necessaries. The Act revises provisions relating to voidance and ratification of conveyance to or by minors and to reversion of property set apart for spouse, children, or dependents. The Act changes provisions relating to parental power, parents' obligation to a child born out of wedlock, and abandonment of a dependent child. The Act requires a person to be at least 18 years of age to be able to contract marriage or to obtain parental consent if either applicant for marriage is 16 or 17 years of age. The Act eliminates the exception to parental consent for marriage based upon pregnancy or live birth. The Act changes provisions relating to proof of age for applicants to marry.

The Act enacts O.C.G.A. Sections 15-11-200 through 15-11-208 and amends O.C.G.A. Sections 1-2-8, 13-3-20, 19-7-1, 19-7-24, 19-10-1, 19-3-2, 19-3-36, 19-3-37, 19-3-38, 44-5-41, and 44-13-20.

Effective July 1, 2006.

Act 465; HB 713

This Act designates February 6 of each year as "Ronald Reagan Day" in Georgia.

The Act enacts O.C.G.A. Section 1-4-15.

Effective July 1, 2006.

Act 601; HB 1292

This Act creates a Prison Chaplains Appreciation Day on the fourth Monday in March of each year.

The Act enacts O.C.G.A. Section 1-4-16.

Effective July 1, 2006.

Act 741; SB 195

This Act recognizes 2006 as the "Year of the Museum." The Act also regulates loans to and abandoned property of museums and archive repositories and provides for a process for establishing ownership of property loaned to museums and archive repositories.

The Act amends O.C.G.A. Sections 44-12-193 and 44-12-214 and enacts O.C.G.A. Section 1-4-16 and Article 17B of O.C.G.A. Chapter 10-1.

Effective July 1, 2006.

TITLE 2 -- AGRICULTURE

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 652, SB 380

This Act creates the Agricultural Commodity Commission for Equines. The Act provides for definitions of terms, supervision by the Commissioner over the administration and enforcement of the commission, and other administrative matters of the commission.

The Act amends O.C.G.A. Section 2-8-10 and enacts O.C.G.A. Sections 2-8-120 through 2-8-135.

Effective January 1, 2007, except as specifically detailed in the Act.

Act 884; HB 1404

This Act changes certain provisions relating to the authority of the Commissioner of Agriculture to provide for safety and security at farmers' markets. The Act provides for law enforcement on the premises of farmers' markets.

The Act amends O.C.G.A. Section 2-10-57.

Effective May 5, 2006.

TITLE 3 -- ALCOHOL

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 510; HB 1248

This Act provides for broad changes regarding license or tax stamps, a local government's licensing powers, criminal penalties, and bond requirements relating to manufacturing, distributing, or selling alcoholic beverages.

The Act amends O.C.G.A. Sections 3-1-2, 3-1-3, 3-2-13, 3-2-14, 3-2-33, 3-3-2, 3-4-22, 3-3-23.1, 3-4-23, and 3-6-21.

Effective July 1, 2006.

Act 836; HB 1501

This Act restricts the fine imposed for violating local alcoholic beverage ordinances in counties and municipalities issuing more than 300 licenses to $2,500.00.

The Act enacts O.C.G.A. Section 3-3-2.2.

Effective July 1, 2006.

Veto No. 9; HB 1436

This Act authorizes restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a food item and provides that such bottle is not an open alcoholic container for purposes of any state regulation restricting open alcoholic containers in the passenger area of a motor vehicle.

The Act amends O.C.G.A. Section 40-6-253 and enacts O.C.G.A. Section 3-6-4.

Veto No. 4; HB 1168

This Act authorizes the sale of wine by a farm winery in tasting rooms at festivals and permits sales of distilled spirits, malt beverages, and wines not produced on the premises at a tasting room of a winery.

The Act amends O.C.G.A. Sections 3-6-21.1 and 3-6-21.3.

TITLE 4 -- ANIMALS

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 513; HB 1213

This Act provides for the disposal of dead poultry. The Act restricts the location allowable for the slaughter of poultry.

The Act amends O.C.G.A. Section 4-4-82 and enacts O.C.G.A. Section 4-4-82.1.

Effective April 19, 2006.

Act 596; HB 1497

This Act provides requirements for the keeping of a vicious dog. The Act provides for the confiscation of vicious dogs under certain conditions. The Act provides penalties for violations.

The Act enacts Article 3 of O.C.G.A. Chapter 4-8.

Effective July 1, 2006.

TITLE 5 -- APPEAL

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 571; HB 1059

This Act changes provisions throughout the O.C.G.A. that deal with sexual offenders, punishment for sexual offenses, and registration and other requirements for sexual offenders. The Act increases the mandatory minimum punishment for certain serious sexual offenses from ten years to 25 years. The Act provides for lesser punishment of certain sexual offenses committed by persons of certain ages. The Act creates a new crime involving withholding information concerning sexual offenders. The Act requires a split sentence for certain sexual offenses. The Act allows the court, prosecuting attorney, or defendant to request a reduced sentence under certain circumstances and provides for appeal of this matter.

The Act reorganizes the State Sexual Offender Registry and changes provisions relating to registration requirements, including a registration fee. The Act provides duties and responsibilities for the sheriffs, Department of Corrections, Georgia Bureau of Investigation, and sexual offenders. The Act increases the duration for registration and provides a procedure for certain sexual offenders to petition to be relieved of registration. The Act requires the Sexual Offender Registration Review Board to classify sexual offenders and provides a review process of such decisions. Sexually dangerous predators are required to wear and pay for an electronic monitoring system for the balance of their lives. The Act provides for residence, employment, and loitering restrictions for sexual offenders.

The Act repeals provisions relating to chemical castration.

The Act amends O.C.G.A. Sections 5-6-34, 5-7-1, 16-5-21, 16-5-40, 16-5-41, 16-5-110, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5, 16-6-5.1, 16-6-22, 16-6-22.1, 16-6-22.2, 17-6-1, 17-10-1, 17-10-6.1, 17-10-30, 35-3-30, 42-1-12, 42-1-13, 42-8-35, 42-8-60, 42-9-39; enacts O.C.G.A. Sections 16-6-25, 17-10-6.2, 42-1-14, and 42-1-15; and repeals O.C.G.A. Sections 42-9-44.1 and 42-9-44.2.

Effective July 1, 2006.

Act 650; SB 382

This Act changes provisions relating to the calculation of child support and sets out the Georgia Schedule of Basic Child Support Obligations. The Act reorganizes and provides more clarity on the calculation of child support and sets forth the types of deviations, including a parenting time adjustment, allowed in calculating child support. The Act allows a jury to determine certain issues relating to calculation of child support. The Act eliminates direct appeal in certain domestic relations cases. The Act also provides for a mechanism for determining the amount of interest chargeable on arrearages in child support. The Act changes some of the powers and duties of the Georgia Child Support Commission. The Act strikes Section 13 of HB 221 (Act 52, approved April 22, 2005) which delays the overall effectiveness of HB 221, except for the provisions creating the Georgia Child Support Commission and providing for its powers and duties.

The Act amends O.C.G.A. Sections 5-6-34, 7-4-12.1, 19-5-12, 19-6-15, 19-6-34, 19-6-53, and 19-7-2.

Effective January 1, 2007, except for the provisions relating 2005 HB 221, which shall become effective on April 28, 2006.

TITLE 7 -- BANKING AND FINANCE

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 748; SB 505

This Act exempts independent contractors of licensed mortgage brokers or lenders from the requirement of obtaining a mortgage broker or mortgage lender license.

The Act amends O.C.G.A. Section 7-1-1001.

Effective July 1, 2006.

Act 650; SB 382

The Act amends O.C.G.A. Sections 5-6-34, 7-4-12.1, 19-5-12, 19-6-15, 19-6-34, 19-6-53, and 19-7-2.

Effective January 1, 2007, except for the provisions relating 2005 HB 221, which shall become effective on April 28, 2006.

TITLE 8 -- BUILDINGS

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 615; HB 1385

This Act changes provisions relating to state building, plumbing, and electrical codes to provide for employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services. The Act provides for qualifications of such persons, the manner of the reviews and inspections, insurance requirements, and the manner for submitting the reports.

The Act provides for the employment of professional providers to perform building plan reviews when the state fire marshal, local fire marshal, state inspector, or designated code official cannot timely perform such services.

The Act amends O.C.G.A. Sections 8-2-26 and 25-2-14.

Effective January 1, 2007.

Act 643; SB 573

This Act changes certain provisions relating to condominium sales and repairs, construction defects resolution, and the framework for dispute resolution.

The Act provides that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development of the condominium property.

The Act amends O.C.G.A. Sections 8-2-35 through 8-2-43 and 44-3-112.

Effective April 28, 2006, except provisions for the withdrawal of escrow funds, which shall become effective July 1, 2006; applicable to claims arising on or after April 28, 2006.

Act 736; SB 253

This Act changes provisions relating to requirements for a Certificate of Permanent Location with regard to manufactured or mobile homes. The Act changes the recording of the documents in connection with a Certificate of Permanent Location and provides for an alternative method of obtaining a Certificate of Permanent Location that does not involve a certificate of title.

The Act amends O.C.G.A. Sections 8-2-180 through 8-2-191.

Effective July 1, 2006.

Act 444; HB 1313

This Act provides for comprehensive changes to the Official Code of Georgia Annotated relating to the use of the power of eminent domain by local governments, redevelopment authorities, housing authorities, and other entities. The Act requires that all use of such eminent domain powers be for a public use and cannot be for purely economic development. The Act also provides for a definition of "public use."

The Act amends O.C.G.A. Sections 22-1-1, 22-1-2, 22-2-100, 22-2-102, 22-2-102.1, 22-2-102.2, 22-2-106, 22-2-110, 22-2-112, 22-2-131, 22-2-132, 22-3-60, 22-3-63, 22-4-3, 36-42-8, 36-44-6, 36-62-6, and 36-82-62. The Act enacts O.C.G.A. Sections 8-3-31.1, 22-1-9, 22-1-10, 22-1-10.1, 22-1-11 through 22-1-14, and 36-61-3.1. The Act repeals O.C.G.A. Sections 22-2-84.1 and 36-42-8.1.

Effective April 4, 2006, and applicable to petitions for condemnation filed on or after that date except that certain provisions shall apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.

TITLE 9 -- CIVIL PRACTICE

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 608; HB 912

This Act changes the provisions for continuances for legislators and legislative staff by also allowing a continuance when such person certifies to the court that his or her presence is required elsewhere because of duties with the General Assembly. The Act also changes provisions relating to production of documents involving nonparties and provides for immunity from civil and criminal liability under certain circumstances. The Act also allows access to a deceased patient's health records to certain persons and provides for compliance with the federal Health Insurance Portability and Accountability Act of 1996.

The Act amends O.C.G.A. Sections 9-10-150, 9-11-34, and 31-33-2.

Effective July 1, 2006.

Act 660; HB 1195

This Act changes provisions related to the civil case filing form and the civil case disposition form so as to make the filing of these forms more directory than discretionary.

The Act amends O.C.G.A. Sections 9-11-3 and 9-11-58.

Effective July 1, 2006.

Act 589; HB 239

This Act changes provisions related to offer of settlement in tort claims and changes provisions relating to when a party declining an offer of settlement may be liable for attorney's fees and costs.

The Act amends O.C.G.A. Section 9-11-68.

Effective April 27, 2006.

Act 759; SB 585

This Act provides for the revision of provisions regarding tax executions and redemption of property and contains procedures, conditions, and limitations in respect to transfers of tax executions. The Act changes procedures for sales under tax levies and executions and payment of excess proceeds from the sale. The Act also provides for additional circumstances under which the real estate transfer tax is not due and payable.

The Act amends O.C.G.A. Sections 9-13-36, 48-4-1, 48-4-5, 48-4-44, and 48-6-2 and enacts O.C.G.A. Section 48-3-19.

Effective July 1, 2006, and applicable to all executions transferred on or after that date.

TITLE 10 -- COMMERCE

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 766, SB 534

This Act corrects cross-references from the enactment of Ga. L. 2004, p. 161, and allows temporary petitions for guardianships to be filed in the county where the minor is located if the petitioner is not a domiciliary of this state. The Act provides for distribution of the estate of an intestate minor or adult ward by a conservator. The Act provides for payment of expenses of certain hearings under certain circumstances. The Act further changes the amount of the funds for which a probate judge can be legal custodian, changes provisions relating to satisfaction of requirements of authentication or exemplification, and allows probate court judges to hold certain funds for a missing heir or beneficiary under a decedent's will. The Act changes provisions and specifies that when a trustee's compensation is not specified in the trust instrument, it shall be based on the compensation schedule of conservators.

The Act amends O.C.G.A. Titles 10, 29, and 53.

Effective July 1, 2006.

Act 642; SB 636

This Act prohibits the production, offering for sale, or sale of biodiesel fuel for certain purposes unless such fuel meets certain standards. The Act also authorizes and urges the director of the Environmental Protection Division to develop for consideration by the Board of Natural Resources rules and regulations phasing out the use of gasoline containing a certain chemical.

The Act enacts O.C.G.A. Sections 10-1-151.1 and 12-9-70.

Effective July 1, 2006.

Act 603; SB 588

This Act prohibits the use or display of social security numbers except in specified circumstances.

This Act enacts O.C.G.A. Section 10-1-393.8.

Effective July 1, 2006.

Act 867; HB 1305

This Act changes certain provisions relating to the Seed-Capital Fund and investment entities.

The Act amends O.C.G.A. Sections 10-10-1, 10-10-3, and 10-10-4.

Effective May 5, 2006.

Act 741; SB 195

The Act amends O.C.G.A. Sections 44-12-193 and 44-12-214 and enacts O.C.G.A. Section 1-4-16 and Article 17B of O.C.G.A. Chapter 10-1.

Effective July 1, 2006.

Act 944; HB 910

This Act provides for certain requirements for preneed cemetery and funeral providers relating to escrow accounts. The Act also provides for certain licensing requirements prior to selling burial rights or merchandise. The Act also provides for the regulation of the cemeterian profession.

The Act amends O.C.G.A. Sections 10-14-3, 10-14-7, 10-14-10, 10-14-14, 10-14-17, and 36-72-2 and enacts O.C.G.A. Section 10-14-3.1 and O.C.G.A. Chapter 43-8B.

Effective July 1, 2006.

TITLE 12 -- CONSERVATION

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 525; SB 191

This Act changes provisions relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division. The Act establishes procedures for a permit applicant to retain a qualified professional to review a permit application prior to submittal to the division. The Act amends provisions regarding permits for withdrawal, diversion, or impoundment of surface waters, including the assessment of a nonrefundable application fee, the establishment of a term of years for such permits, and conditions for permit renewals. The Act changes provisions relating to permits for groundwater withdrawals for farm uses, including the assessment of a nonrefundable application fee, the establishment of a term of years for such permits, and conditions for permit renewals. The Act also specifies circumstances under which the director may permanently revoke a permit for groundwater withdrawal for farm uses.

The Act amends O.C.G.A. Sections 12-2-2, 12-5-31, and 12-5-105.

Effective April 20, 2006.

Veto No. 14; SB 95

This Act provides that evaluations and reports of licensed soil scientists shall be accepted by the Department of Natural Resources and county boards of health for certain purposes. The Act also provides for certain requirements and certifications for conducting soil evaluations for on-site sewage management systems. The Act also provides for the regulation of the practice of soil science as well as the necessary board, powers, and duties to regulate such activity.

The Act amends O.C.G.A. Section 31-3-5 and enacts O.C.G.A. Section 12-2-10 and O.C.G.A. Chapter 43-43B.

Act 456; HB 1490

This Act changes provisions relating to lakes upon which it is unlawful to operate a privately owned boat. The Act includes vessels within the applicability of criminal sanctions for the use of an article with an altered identification mark. The Act exempts certain homemade vessels from vessel numbering requirements. The Act provides for the seizure of vessels with missing or altered identification numbers.

The Act amends O.C.G.A. Sections 12-3-10, 16-9-70, 52-7-3, 52-7-6, and 52-7-13 and enacts O.C.G.A. Sections 52-7-7.1, 52-7-7.2, 52-7-7.3, 52-7-7.4, 52-7-7.5, and 52-7-7.6.

Effective April 14, 2006.

Act 542; HB 1184

This Act changes provisions relating to the Herty Foundation and changes its name to the Herty Advanced Materials Development Center. The Act modifies the purpose of the center. The Act authorizes the creation of subsidiary corporations for the center. The Act directs the center to produce an annual report on its activities.

The Act amends O.C.G.A. Sections 12-6-131 and 12-6-133 through 12-6-139.

Effective July 1, 2006.

Act 538; HB 1320

This Act, the "Comprehensive Litter Prevention and Abatement Act of 2006," extensively revises various provisions relating to littering and related environmental offenses. The Act changes provisions relating to littering on public and private property, waste control, and waste management and provides for impoundment of vehicles involved in certain littering offenses. The Act changes provisions relating to prohibited placement of campaign posters, signs, and advertisements. The Act provides certain courts with jurisdiction of littering offenses and provides for criminal procedure for the trial of certain littering offenses. The Act also changes provisions relating to securing loads on vehicles and littering on highways.

The Act amends Parts 2 and 3 of Article 2 of O.C.G.A. Chapter 16-7 and O.C.G.A. Sections 12-8-22, 12-8-31, 12-8-62, 12-8-92, 17-6-9, 32-6-51, and 40-6-249; enacts O.C.G.A. Sections 15-9-30.7, 15-10-2.1, 17-7-73, 36-32-10.3, and 40-6-248.1 and Part 3A of Article 2 of O.C.G.A. Chapter 16-7; and reserves O.C.G.A. Sections 21-2-3 and 32-6-21.

Effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006; otherwise, effective July 1, 2006.

Act 642; SB 636

The Act enacts O.C.G.A. Sections 10-1-151.1 and 12-9-70.

Effective July 1, 2006.

Veto No. 17; SB 578

This Act changes provisions relating to the inspection and permitting of commercial waste tank trucks receiving or disposing of commercial waste. The Act provides that inspections conducted in one county or municipality in the state shall be accepted throughout the state. The Act specifies that inspections performed by local health departments shall satisfy the inspection requirements of O.C.G.A. Titles 12 and 31.

The Act amends O.C.G.A. Section 12-15-21 and enacts O.C.G.A. Section 31-2-7.1.

Effective July 1, 2006.

TITLE 13 -- CONTRACTS

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 466; HB 847

The Act enacts O.C.G.A. Sections 15-11-200 through 15-11-208 and amends O.C.G.A. Sections 1-2-8, 13-3-20, 19-7-1, 19-7-24, 19-10-1, 19-3-2, 19-3-36, 19-3-37, 19-3-38, 44-5-41, and 44-13-20.

Effective July 1, 2006.

Act 457; SB 529

This Act provides for the comprehensive regulation of persons in this state who are not lawfully present in the United States. The Act provides for duties and authority of the Department of Labor relative to such purpose. The Act proscribes certain related activities. The Act provides criminal and civil penalties for related proscribed activities.

The Act enacts O.C.G.A. Sections 13-10-90, 13-10-91, 16-5-46, 35-2-14, 42-4-14, Chapter 43-20A, 48-7-21.1, and Chapter 50-36.

Effective July 1, 2007.

TITLE 14 -- CORPORATIONS

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 817; SB 469

This Act authorizes a corporation to put into effect and carry out orders entered in a federal bankruptcy proceeding. The Act also changes provisions relating to: the indemnification or advancement for expenses to directors of corporations who are a party to a proceeding; the amendment of articles of incorporation; the merger of corporations with another corporation or entity and the plan for such a merger; the share exchange by corporations upon a merger; and other provisions relating to director recommendations. The Act also authorizes: a corporation to become a limited partnership under a plan for conversion; a foreign corporation to convert to a foreign limited liability company upon certain conditions; a foreign corporation, domestic limited partnership, foreign limited partnership, domestic general partnership, foreign general partnership, domestic limited liability company, or foreign limited liability company to become a corporation; a foreign corporation, foreign limited liability company, foreign limited partnership, general partnership, or foreign general partnership to become a limited partnership upon certain conditions; a limited partnership to become a foreign limited liability company, foreign limited partnership, or foreign corporation upon certain conditions; a foreign corporation, foreign limited liability company, limited partnership, foreign limited partnership, general partnership, or foreign general partnership to become a limited liability company upon certain conditions; and a limited liability company to become a foreign limited liability company, foreign limited partnership, or foreign corporation upon certain conditions. The Act amends O.C.G.A. Sections 14-2-401, 14-2-854, 14-2-859, 14-2-1003, 14-2-1101 through 14-2-1104, 14-2-1109, 14-2-1109.1, 14-2-1202, 14-2-1302, 14-2-1402, 14-2-1504, 14-2-1506, 14-9-206.2, 14-9-902, 14-9-905, 14-11-212, 14-11-706, 14-11-1002, and 14-11-1101, enacts O.C.G.A. Sections 14-2-104, 14-2-305, 14-2-1109.2, 14-2-1109.3, 14-9-206.8, and 14-11-906, and repeals O.C.G.A. Section 14-2-1008.

Effective July 1, 2006.

TITLE 15 -- COURTS

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 925; HB 1073

This Act provides for an additional judge of the superior court for the Blue Ridge, Coweta, Houston, and Paulding Judicial Circuits.

The Act amends O.C.G.A. Section 15-6-2.

Effective January 1, 2007, except that all provisions relating to the appointment of the additional judges are effective May 5, 2006.

Act 878; HB 1423

This Act changes the terms of court in the Gwinnett Judicial Circuit.

The Act amends O.C.G.A. Section 15-6-3.

Effective August 1, 2006.

Act 735; SB 264

This Act changes the terms of court in the Pataula Judicial Circuit.

The Act amends O.C.G.A. Section 15-6-3.

Effective July 1, 2006.

Act 835; HB 1496

This Act changes the terms of court in the Waycross Judicial Circuit and the Alapaha Judicial Circuit.

The Act amends O.C.G.A. Section 15-6-3.

Effective July 1, 2006.

Act 624; HB 989

This Act changes the sunset dates for real estate or personal property filing fees, the sunset date for the state-wide uniform automated information system, and the sunset date for the collection and remittance of real estate or personal property filing fees to 2012.

The Act amends O.C.G.A. Sections 15-6-77, 15-6-97, and 15-6-98.

Effective July 1, 2006.

Act 649; SB 450

This Act changes provisions found throughout the O.C.G.A. to revise the minimum pay salary schedules for sheriffs, tax commissioners, clerks of superior court, magistrates, and judges of the probate court. The Act also provides for longevity pay increases for certain members of county governing authorities, increases the investigation fee for coroners, and provides for the recalculation of minimum salaries in any year in which the Department of Community Affairs publishes a census estimate for a county which is higher than the preceding decennial census.

The Act amends O.C.G.A. Sections 15-6-88, 15-6-89, 15-9-63, 15-9-63.1, 15-9-64, 15-10-23, 15-10-105, 15-16-20, 15-16-20.1, 21-2-213, 36-5-29, 45-16-27, 48-5-137, and 48-5-183.

Effective July 1, 2006.

Act 538; HB 1320

Effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006; otherwise, effective July 1, 2006.

Act 851; HB 1399

This Act allows a magistrate to waive his or her minimum monthly salary and contingent expenses.

The Act amends O.C.G.A. Sections 15-10-23 and 15-10-23.1.

Effective July 1, 2006.

Act 476; SB 136

This Act allows any person having legal custody, an adult blood relative, or a stepparent to post bail for a juvenile alleged to have committed an unruly or delinquent act.

The Act amends O.C.G.A. Section 15-11-47.

Effective July 1, 2006.

Act 541; HB 1145

This Act changes provisions relating to the disposition of juvenile court cases involving mental health issues, changes certain definitions, changes the content of an evaluator's report, and provides for the least restrictive setting for a child alleged to be incompetent. The Act requires a child to be represented by counsel if the child is being evaluated for competency. The Act, in part known as "Amy's Law," allows a delinquent child who commits an act which would be murder if the child was an adult to be committed to the Department of Juvenile Justice until the child's twenty-first birthday.

The Act amends Article 4 of O.C.G.A. Chapter 15-11 and O.C.G.A. Sections 15-11-70 and 49-4A-8 and enacts O.C.G.A. Sections 15-11-153.1 and 15-11-153.2.

Effective July 1, 2006.

Act 466; HB 847

The Act enacts O.C.G.A. Sections 15-11-200 through 15-11-208 and amends O.C.G.A. Sections 1-2-8, 13-3-20, 19-7-1, 19-7-24, 19-10-1, 19-3-2, 19-3-36, 19-3-37, 19-3-38, 44-5-41, and 44-13-20.

Effective July 1, 2006.

Act 462; HB 376

This Act provides for an exemption from jury service for a primary caregiver of a child who is six years of age or younger and for a primary teacher of children in a home study program.

The Act amends O.C.G.A. Section 15-12-1.

Effective July 1, 2006.

Act 880; HB 1417

This Act allows the Administrative Office of the Courts to assist the board of jury commissioners or clerk of superior court in compiling, maintaining, and revising the lists of trial jurors and grand jurors.

The Act amends O.C.G.A. Sections 15-12-40 and 40-5-2.

Effective July 1, 2006.

Act 647; SB 462

This Act requires the sheriff to develop and implement a comprehensive plan for the security of the county courthouse and courthouse annex and provides for review and approval of such plan or modifications to such plan by certain other officials. The Act also provides for certain meetings to be closed to the public if the subject matter is the security plan for the courthouse or courthouse annex.

The Act amends O.C.G.A. Sections 15-16-10, 36-9-8, 36-81-11, and 50-14-3.

Effective July 1, 2006.

Act 572; HB 268

This Act increases the compensation paid to district attorneys, assistant district attorneys, and district attorney investigators. The Act also changes provisions relating to compensation of an assistant district attorney who is performing the duties of a deceased or retired district attorney and allows for additional personnel for district attorney offices through a contract with the Prosecuting Attorneys' Council of the State of Georgia.

The Act amends O.C.G.A. Sections 15-18-14, 15-18-14.1, 15-18-16, 15-18-20.1, and 45-7-4.

Effective July 1, 2006, as it relates to increased compensation; otherwise, the remaining portions of the Act become effective on April 27, 2006.

Act 575; HB 718

This Act allows certain courts to create and administer pretrial intervention and diversion programs and provide for court costs.

The Act amends O.C.G.A. Sections 15-18-80 and 15-18-81 and enacts O.C.G.A. Section 15-18-82.

Effective July 1, 2006.

Act 470; HB 1209

This Act provides for payment of certain fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program.

The Act amends O.C.G.A. Sections 15-21-2 and 40-13-26.

Effective July 1, 2006, and expires on June 30, 2011.

Act 739; SB 203

This Act clarifies and changes provisions relating to fees and collection of fees for indigent defense services and requires that certain funds collected be paid directly to certain entities. The Act requires the Criminal Justice Coordinating Council to publish certain reports. The Act allows the court to impose a condition of probation upon a defendant who is represented by a public defender or appointed counsel to repay all or a portion of the cost for providing legal representation if it is not a financial hardship upon the defendant, and the collection of such fees may be retained by the entity which paid for such services. The Act also allows a court to require certain defendants to participate in a work release program as a condition of probation.

The Act amends O.C.G.A. Sections 15-21-132, 15-21A-4, 15-21A-6, 15-21A-7, 17-10-1, and 17-12-23 and enacts O.C.G.A. Sections 17-12-50, 17-12-51, and 17-12-52.

Effective July 1, 2006.

Act 553; SB 637

This Act amends "Joshua's Law" to change the membership of the Georgia Driver's Education Commission. The Act repeals Section 1 of Act 401 approved May 10, 2005, to repeal a priority concerning distribution of fines and forfeitures. The Act provides for a definition of "approved driver education course."

The Act amends O.C.G.A. Sections 15-21-173, 40-5-22, and 40-5-24.

Effective April 21, 2006.

Act 749; SB 503

This Act allows the $50.00 application fee for legal defense services to be imposed as a condition of probation. The Act defines "indigent person" in conjunction with the federal poverty level. The Act staggers the terms of the members of the Georgia Public Defender Standards Council. The Act prohibits public defenders from using a badge, shield, or similar item for identification purposes. The Act also changes the provisions for continuances for legislators and legislative staff by also allowing a continuance when such person certifies to the court that his or her presence is required elsewhere because of duties with the General Assembly.

The Act amends O.C.G.A. Sections 15-21A-6, 17-8-26, 17-12-2, 17-12-3, 17-12-8, 17-12-24, 17-12-26, 17-12-27, 17-12-32, and 17-12-124 and enacts O.C.G.A. Section 17-10-8.1.

Effective May 3, 2006.

TITLE 16 -- CRIMES AND OFFENSES

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 599; SB 396

This Act provides that a person who uses threats or force in accordance with law has no duty to retreat. The Act also provides for civil and criminal immunity from prosecution.

The Act amends O.C.G.A. Sections 16-3-24.2 and 51-11-9 and enacts O.C.G.A. Section 16-3-23.1.

Effective July 1, 2006.

Act 654; SB 77

This Act revises the definition of feticide and prohibits the voluntary manslaughter, assault, or battery of an unborn child under certain circumstances. The Act removes the requirement that an unborn child be quick in the definition of feticide by vehicle and feticide by vessel. The Act provides for punishment.

The Act amends O.C.G.A. Sections 16-5-20, 16-5-80, 40-6-393.1, and 52-7-12.3 and enacts O.C.G.A. Sections 16-5-28 and 16-5-29.

Effective July 1, 2006, and applies to all offenses committed on and after July 1, 2006.

Act 571; HB 1059

The Act repeals provisions relating to chemical castration.

Effective July 1, 2006.

Act 457; SB 529

The Act enacts O.C.G.A. Sections 13-10-90, 13-10-91, 16-5-46, 35-2-14, 42-4-14, Chapter 43-20A, 48-7-21.1, and Chapter 50-36.

Effective July 1, 2007.

Act 538; HB 1320

Effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006; otherwise, effective July 1, 2006.

Act 545; HB 1275

This Act provides the additional punishment of revocation of a defendant's commercial driver's license if the defendant is convicted of theft involving property that was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto.

The Act amends O.C.G.A. Sections 16-8-12 and 40-5-151.

Effective July 1, 2006.

Act 456; HB 1490

The Act amends O.C.G.A. Sections 12-3-10, 16-9-70, 52-7-3, 52-7-6, and 52-7-13 and enacts O.C.G.A. Sections 52-7-7.1, 52-7-7.2, 52-7-7.3, 52-7-7.4, 52-7-7.5, and 52-7-7.6.

Effective April 14, 2006.

Act 451; HB 804

This Act repeals the offense of barratry and removes this crime from the list of crimes which may constitute racketeering activity under the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act."

The Act repeals O.C.G.A. Section 16-10-95 and amends O.C.G.A. Section 16-14-3.

Effective July 1, 2006.

Act 530; SB 606

This Act creates an offense of engaging in disorderly or disruptive conduct with the intent to impede, disrupt, disturb, or interfere with a funeral or memorial service. The Act provides for misdemeanor punishment for a violation.

The Act enacts O.C.G.A. Section 16-11-34.2.

Effective July 1, 2006, and applies to all offenses committed on and after July 1, 2006.

Act 648; SB 455

This Act enacts the "Telephone Records Privacy Protection Act." The Act defines the terms "end user," "telephone record," and "telephone records broker." The Act provides that it is illegal for a telephone records broker to obtain or release certain customer information, provides for penalties, and provides for exceptions. The Act provides for the Georgia Board of Private Detective and Security Agencies to deny or revoke a license if the applicant has obtained certain customer information.

The Act enacts provisions that no telecommunications company may release certain customer information. The Act outlines annual certification to the Attorney General, exceptions, action in the event of a breach of security, and customer notification; and a violation of such provisions is an unfair or deceptive practice in consumer transactions.

The Act enacts O.C.G.A. Sections 16-11-70 and 46-5-210 through 46-5-214 and amends O.C.G.A. Section 43-38-11.

Effective April 28, 2006.

Act 469; HB 1193

This Act creates an offense of owning or operating a vehicle containing a false or secret compartment in a vehicle and provides for felony punishment. The Act provides for forfeiture of the vehicle and a temporary license plate under certain circumstances.

The Act enacts O.C.G.A. Section 16-11-112.

Effective April 18, 2006.

Act 797; SB 532

This Act authorizes the use of certain weapons by certain personnel operating pursuant to a nuclear security plan approved by the United States Nuclear Regulatory Commission or other federal agency. The Act prohibits the possession or use of certain weapons on federally licensed nuclear plant sites. The Act also allows certain personnel to detain persons reasonably believed to present a danger to a nuclear plant site and it provides civil tort immunity to such personnel under certain circumstances. The Act also allows the Georgia Bureau of Investigation to expedite background checks of persons seeking employment in the field of nuclear security.

The Act amends O.C.G.A. Sections 16-11-124, 17-4-20, and 35-3-34 and enacts O.C.G.A. Sections 16-11-127.2 and 51-1-30.4.

Effective May 3, 2006, and the tort immunity is only applicable to causes of action arising on or after May 3, 2006.

Act 534; HB 1032

This Act provides that any person who is prohibited from possessing a firearm pursuant to federal law be prohibited from obtaining a license to carry a pistol or revolver. The Act also provides for a background check using the National Instant Criminal Background Check System and provides for a check of the United States Immigration and Custom Enforcement records for noncitizen applicants.

The Act amends O.C.G.A. Section 16-11-129.

Effective July 1, 2006.

Act 623; HB 1044

This Act exempts permanent part-time judges of municipal and city courts from certain state firearm restrictions.

The Act amends O.C.G.A. Section 16-11-130.

Effective July 1, 2006.

Act 551; SB 545

This Act defines a "nonprofit, tax-exempt organization" for purposes of definitions regarding bingo games.

The Act amends O.C.G.A. Section 16-12-51.

Effective July 1, 2006.

Act 606; HB 954

This Act provides for circumstances under which it is unlawful to alter a public transportation fare medium or enter buses, rail vehicles, or stations without payment of the proper fare to the public transportation provider.

The Act amends O.C.G.A. Section 16-12-120.1.

Effective April 27, 2006.

Act 468; HB 1178

This Act provides for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons.

The Act provides that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for a drug if the purpose of the drug is to terminate a pregnancy and such refusal shall not be the basis for any claim for damages. The Act provides that the pharmacist shall make reasonable efforts to locate another pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder.

The Act changes provisions to give priority to physicians actively practicing or beginning active practice in specialities experiencing shortages or distribution problems in the rural areas of the state.

The Act changes the definition of "rural county" to provide that for counties which contain a military base or installation, the military personnel and their dependents shall be excluded from the total population of that county for the purpose of this definition.

The Act enacts O.C.G.A. Sections 26-4-190 through 26-4-195 and amends O.C.G.A. Sections 16-12-142, 31-7-94.1, 31-34-2, 31-34-4, and 49-4-152.5.

Effective July 1, 2006.

Act 463; SB 480

This Act provides for the general regulation of the delegation of certain activities performed by registered professional nurses and licensed practical nurses to persons certified as qualified medication aides. The Act also provides for broad changes to provisions relating to nurses including providing that a physician may delegate certain medical arts to an advanced practice registered nurse.

The Act amends O.C.G.A. Sections 16-13-21, 43-26-3, 43-26-5, 43-26-6, 43-26-10, and 43-34-26.1. The Act enacts Article 3 of O.C.G.A. Chapter 43-26 and O.C.G.A. Sections 43-26-13 and 43-34-26.3.

Effective July 1, 2006.

Act 516; HB 1054

This Act makes changes to the list of Schedule I and Schedule IV controlled substances and dangerous drugs.

The Act amends O.C.G.A. Sections 16-13-25, 16-13-28, and 16-13-71.

Effective April 19, 2006.

Act 616; HB 1302

This Act redefines criminal gang activity for purposes of the "Georgia Street Gang Terrorism and Prevention Act," provides for enhanced penalties for violation of the Act, and provides for admission of certain evidence in certain trials. The Act establishes the Criminal Street Gang Reward Fund. The Act changes certain provisions relating to failure to leave school premises after being requested to do so, provisions relating to check-in requirements and exceptions, and disclosure of campus policemen's records. The Act also removes certain limitations with respect to offering rewards for the apprehension of perpetrators of felonies by the governing authority of a county or municipality.

The Act amends O.C.G.A. Sections 16-15-3, 16-15-4, 20-2-1180, and 45-12-35 and enacts O.C.G.A. Sections 16-15-9, 16-15-10, and 20-8-7.

Effective April 28, 2006, as it relates to the reward funds for the apprehension of perpetrators of felonies in Title 45; otherwise, effective July 1, 2006.

TITLE 17 -- CRIMINAL PROCEDURE

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 797; SB 532

The Act amends O.C.G.A. Sections 16-11-124, 17-4-20, and 35-3-34 and enacts O.C.G.A. Sections 16-11-127.2 and 51-1-30.4.

Effective May 3, 2006, and the tort immunity is only applicable to causes of action arising on or after May 3, 2006.

Act 571; HB 1059

The Act repeals provisions relating to chemical castration.

Effective July 1, 2006.

Act 538; HB 1320

Effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006; otherwise, effective July 1, 2006.

Act 581; HB 594

This Act changes the basis of the fees that bondsmen can collect for posting a bond.

The Act amends O.C.G.A. Section 17-6-30.

Effective July 1, 2006.

Act 475; SB 135

This Act requires certain facilities that are detaining certain children to notify specific officials of the child's detention. The Act also provides a time frame for a detained child who is charged with an offense within the jurisdiction of superior court to have his or her case presented to a grand jury.

The Act enacts O.C.G.A. Sections 17-7-3 and 17-7-50.1.

Effective July 1, 2006.

Act 754; SB 398

This Act changes the language of the charge to the jury in cases where the defense of insanity is interposed. The Act also revises the procedure related to psychiatric evaluation of defendants and which department is responsible for conducting an evaluation. The Act also provides a time frame for the Department of Human Resources to forward certain reports to the Department of Corrections.

The Act amends O.C.G.A. Section 17-7-131.

Effective July 1, 2006.

Act 879; HB 1421

This Act changes certain requirements to effectuate a statutory demand for speedy trial. The Act changes the terminology from "Demand for Trial" to "Demand for Speedy Trial" and corrects cross-references.

The Act amends O.C.G.A. Sections 17-7-170, 17-7-171, 17-7-172, 17-8-21, 17-8-31, and 38-3-62.

Effective July 1, 2006.

Act 739; SB 203

The Act amends O.C.G.A. Sections 15-21-132, 15-21A-4, 15-21A-6, 15-21A-7, 17-10-1, and 17-12-23 and enacts O.C.G.A. Sections 17-12-50, 17-12-51, and 17-12-52.

Effective July 1, 2006.

Act 537; HB 57

This Act protects physicians and medical professionals involved in state ordered executions from challenges to their licensure solely on the basis of their participation in such executions.

The Act enacts O.C.G.A. Section 17-10-42.1.

Effective July 1, 2006, and applicable to executions carried out on or after July 1, 2006.

Act 749; SB 503

The Act amends O.C.G.A. Sections 15-21A-6, 17-8-26, 17-12-2, 17-12-3, 17-12-8, 17-12-24, 17-12-26, 17-12-27, 17-12-32, and 17-12-124 and enacts O.C.G.A. Section 17-10-8.1.

Effective May 3, 2006.

TITLE 18 -- DEBTOR AND CREDITOR

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 459; HB 149

This Act provides that the exemption of certain pension or retirement funds or benefits from garnishment shall be extended to include additional individual retirement account funds or benefits.

The Act amends O.C.G.A. Section 18-4-22.

Effective April 18, 2006.

TITLE 19 -- DOMESTIC RELATIONS

THE FOLLOWING BILLS WERE PASSED BY THE 2006 GENERAL

ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO

Act 650; SB 382

The Act amends O.C.G.A. Sections 5-6-34, 7-4-12.1, 19-5-12, 19-6-15, 19-6-34, 19-6-53, and 19-7-2.

Effective January 1, 2007, except for the provisions relating 2005 HB 221, which shall become effective on April 28, 2006.

Act 466; HB 847 <