TITLE 7 -- BANKING AND FINANCE
TITLE 10 -- COMMERCE AND TRADE
TITLE 12 -- CONSERVATION AND NATURAL RESOURCES
TITLE 16 -- CRIMES AND OFFENSES
TITLE 17 -- CRIMINAL PROCEDURE
TITLE 19 -- DOMESTIC RELATIONS
TITLE 30 -- HANDICAPPED PERSONS
TITLE 35 -- LAW ENFORCEMENT OFFICERS AND AGENCIES
TITLE 42 -- PENAL INSTITUTIONS
TITLE 48 -- REVENUE AND TAXATION
TITLE 53 -- WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
2007 SUMMARY OF GENERAL STATUTES ENACTED
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
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 upon approval by the Governor, except that the amendment to O.C.G.A. Section 48-7-29.11 shall become effective on July 1, 2007.
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act changes certain provisions relating to district supervisors for soil and conservation districts to provide for staggered terms and change provisions for vacancies.
The Act amends O.C.G.A. Section 2-6-31.
Effective upon approval by the Governor.
This Act ratifies and confirms the Agricultural Commodity Commission for Soybeans, the Agricultural Commodity Commission for Canola, the Agricultural Commodity Commission for Pecans, the Agricultural Commodity Commission for Corn, and the Agricultural Commodity Commission for Vegetables. The Act further provides that prior to April 30, 2009, and every three years thereafter, balloting shall be conducted to determine whether any of the existing commissions will continue to exist and operate under this law.
The Act amends O.C.G.A. Section 2-8-13.
Effective upon approval by the Governor.
This Act relates to the labeling requirement for commercial feeds so as to exclude equine food from those feeds for which collective terms of ingredients may be used or which may be exempted from certain requirements.
The Act amends O.C.G.A. Section 2-13-8.
Effective July 1, 2007.
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act authorizes the Commissioner of Agriculture to establish certain license fees in an amount reasonable to offset the cost of administering such licensing services.
The Act amends O.C.G.A. Sections 4-4-41, 4-4-82, 4-7-3, and 4-7-5.
Effective July 1, 2007.
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act provides for changes in child custody proceedings. The Act provides for direct appeals from all judgments or orders in child custody cases and changes certain provisions relating to cases requiring application for appeal. The Act adds information to filing and dispositional forms in domestic relations cases. The Act requires parents to submit a parenting plan to the court in child custody cases. The Act permits the parents of a child to agree to binding arbitration on the issue of child custody and other matters. The Act specifies that there is no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent. The Act establishes factors that a judge may consider in determining the best interests of the child. The Act provides for written findings of fact in child custody proceedings. The Act requires that custodial and noncustodial parents give notification of a change of address under certain circumstances. The Act provides for attorney´s fees, expenses of litigation, and other costs in child custody proceedings.
The Act amends O.C.G.A. Sections 5-6-34, 5-6-35, 9-11-133, 19-5-1, 19-7-22, 19-9-1 through 19-9-7 and enacts O.C.G.A. Sections 19-9-1.1 and 19-9-1.2.
Effective January 1, 2008, and applicable to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
TITLE 7 -- BANKING AND FINANCE
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act updates the banking laws in order to reflect changes in federal law and for other purposes. The Act excludes the value of good will in certain transactions, regulates real estate loans, and allows for electronic transmission of proxy. The Act provides for share exchanges in mergers or consolidations, changes the qualifications of check sellers and check cashers, and establishes background checks for mortgage lenders or brokers.
The Act amends O.C.G.A. Sections 7-1-4, 7-1-286, 7-1-437, 7-1-530 through 7-1-537, 7-1-557, 7-1-601, 7-1-606, 7-1-608, 7-1-670, 7-1-681 through 7-1-683, 7-1-686, 7-1-687, 7-1-689, 7-1-689.1, 7-1-692, 7-1-700 through 7-1-702, 7-1-704 through 7-1-707, 7-1-709, 7-1-1001, 7-1-1004, 7-1-1006, 7-1-1008, 7-1-1009, and 7-1-1016 through 7-1-1018.
Effective July 1, 2007.
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act provides that members of the advisory committee on industrialized buildings be appointed for four-year terms and no member shall be appointed to serve more than two full terms.
The Act provides for the filling of vacancies and changes the composition of the committee.
The Act amends O.C.G.A. Section 8-2-113.
Effective July 1, 2007.
This Act changes the private enterprise definition relative to housing authorities to enable housing authorities participation to include ownership of an interest in the housing project through the for profit entity, ownership by the housing authority of the land on which the housing project is developed, or provision by the housing authority of a combination of funds to the for profit entity for a portion of the construction costs of the housing project and funds to the for profit entity to subsidize the operating costs of units for persons of low income to the extent such contract is designated as a private enterprise agreement by the housing authority.
The Act changes certain provisions relating to consolidated housing authorities for two or more municipalities.
The Act amends O.C.G.A. Sections 8-3-3 and 8-3-14.
Effective July 1, 2007.
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act changes the provisions regarding when an affidavit is required to accompany an action for damages alleging professional malpractice and provides for the filing of such affidavit under certain circumstances. The Act also provides for the timing of a defendant´s answer under certain circumstances.
The Act amends O.C.G.A. Sections 9-11-9.1 and 9-11-9.2.
Effective July 1, 2007, and applicable to any action filed on or after July 1, 2007.
This Act provides for changes in child custody proceedings. The Act provides for direct appeals from all judgments or orders in child custody cases and changes certain provisions relating to cases requiring application for appeal. The Act adds information to filing and dispositional forms in domestic relations cases. The Act requires parents to submit a parenting plan to the court in child custody cases. The Act permits the parents of a child to agree to binding arbitration on the issue of child custody and other matters. The Act specifies that there is no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent. The Act establishes factors that a judge may consider in determining the best interests of the child. The Act provides for written findings of fact in child custody proceedings. The Act requires that custodial and non-custodial parents give notification of a change of address under certain circumstances. The Act provides for attorney´s fees, expenses of litigation, and other costs in child custody proceedings.
The Act amends O.C.G.A. Sections 5-6-34, 5-6-35, 9-11-133, 19-5-1, 19-7-22, 19-9-1, 19-9-2, 19-9-3, 19-9-4, 19-9-5, 19-9-6, and 19-9-7 and enacts O.C.G.A. Sections 19-9-1.1 and 19-9-1.2.
Effective January 1, 2008, and applicable to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
TITLE 10 -- COMMERCE AND TRADE
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act increases the authorized maximum delinquency charge for late installment payments.
The Act amends O.C.G.A. Section 10-1-7.
Effective upon approval by the Governor.
This Act changes provisions relating to actions to recover property. The Act also changes the penalties for certain violations.
The Act amends O.C.G.A. Sections 10-1-350, 10-1-354, 10-1-357, and 16-8-12 and enacts O.C.G.A. Section 10-1-358.
Effective upon approval by the Governor.
This Act exempts motorcycles, all-terrain vehicles, and utility vehicles from the definition of motor vehicle relative to motor vehicle franchises. The Act also provides for certain franchise agreement exemptions for rallies and conventions involving more than 2,500 recreational vehicles. The Act also provides purposes and policies to protect motorcycle, all-terrain vehicle, and utility vehicle dealers.
The Act amends O.C.G.A. Sections 10-1-622 and 10-1-679.14 and enacts O.C.G.A. Sections 10-1-725 through 10-1-725.13.
Effective on July 1, 2007, and applicable to any agreement entered into on or after July 1, 2007, and to any renewal, modification, or amendment made on or after July 1, 2007, to any such agreement.
This Act provides for notification by certain data collectors upon a breach of security regarding personal information. The Act changes certain provisions relating to the elements of the offense of identity fraud. The Act creates the offense of identity fraud by receipt of fraudulent identification information. The Act provides the victim of identity fraud with the right to file a report with a law enforcement agency.
The Act amends O.C.G.A. Sections 10-1-911, 10-1-912, 16-9-121, and 16-9-126. The Act enacts O.C.G.A. Section 16-9-125.1.
Effective upon approval by the Governor, and the amendment to O.C.G.A. Section 16-9-121 shall apply to all offenses occurring on or after such date.
This Act changes certain provisions relating to agricultural warehouse receipt requirements, obtaining printed forms, and the use of electronic receipts.
The Act amends O.C.G.A. Section 10-4-19.
Effective upon approval by the Governor.
This Act provides for prepayments of certain local sales and use taxes with respect to motor fuels and provides for procedures to change provisions relating to penalties. The Act also changes certain provisions regarding refunds of motor fuel taxes and reports of motor fuel deliveries. The Act provides a sales and use tax exemption with respect to certain property purchased by the George L. Smith II World Congress Center Authority, the Jekyll Island-State Park Authority, and the Georgia Ports Authority.
The Act amends O.C.G.A. Sections 10-9-10, 12-3-274, 48-8-2, 48-8-30, 48-8-50, 48-8-82, 48-8-87, 48-8-102, 48-8-104, 48-8-110.1, 48-8-113, 48-8-201, 48-8-204, 48-9-9, and 52-2-37.
Effective on January 1, 2008, except that certain provisions become effective on July 1, 2007.
This Act revises the law concerning living wills and enacts the "Georgia Advance Directive for Health Care Act" which provides for a savings clause for a living will and durable power of attorney for heath care, a new form for use as a living will, and witness requirements. The Act provides for revocation, the effect of marriage, and guardianship and provides for duties and responsibilities of health care agents and health care providers. The Act provides for the effect of these provisions on other legal rights and duties. The Act repeals O.C.G.A. Chapter 31-36, relating to durable power of attorney for heath care.
The Act amends O.C.G.A. Sections 31-32-1 through 31-32-14. The Act repeals and reserves O.C.G.A. Sections 31-36-1 through 31-36-13. The Act amends O.C.G.A. Sections 10-12-4, 16-5-5, 16-5-100, 29-4-3, 29-4-10, 29-4-21, 29-5-21, 31-5A-7, 31-8-55, 31-9-2, 31-33-2, 31-36A-6, 31-39-2, 37-2-35, 44-5-143, and 49-6-72.
Effective July 1, 2007.
HB 391
This Act changes certain provisions relating to the qualifications of members of the State Board of Cemeterians.
The Act amends O.C.G.A. Section 10-14-3.
Effective upon approval by the Governor.
TITLE 12 -- CONSERVATION AND NATURAL RESOURCES
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act changes the number of days the director of the Environmental Protection Division has to notify applicants requesting a variance or permit to within ten days of receipt instead of 30 days as to the completeness of the application. The Act also requires the director to notify the applicants within ten days of receipt of the completed applications as to the name and address of the person assigned to perform the review and the date, time, and location of the application review. The Act requires that for each site on which land-disturbing activity occurs, each permitted entity must have at a minimum one person who is responsible for erosion and sedimentation control activities on behalf of such entity and meets the education or training certification requirements. The Act removes the authority of the Department of Human Resources to regulate and issue permits for land disposal sites beginning July 1, 2007, and requires the Department of Natural Resources to regulate and issue permits for land disposal sites that receive septic tank waste from any one or more septic tank and hauling businesses. The Act provides that land disposal sites operating under a valid permit issued by the Department of Human Resources as of June 30, 2007, may continue to operate until July 1, 2012, at which time such site must obtain a permit from the Department of Natural Resources. The Act removes the requirement that written approval of the governing authority of each county in which a site is wholly or partially located be obtained before a permit may be issued.
The Act amends O.C.G.A. Sections 12-2-2, 12-7-8, 12-7-19, 12-8-41, and 31-2-8.
Effective upon approval by the Governor.
This Act provides for persons meeting certain qualifications to engage in the public practice of soil science and requires the Department of Natural Resources to accept evaluations and reports of qualified soil scientists for certain purposes.
The Act enacts O.C.G.A. Section 12-2-10.
Effective July 1, 2007.
This Act extends the existence of the Jekyll Island-State Park Authority and its lease of Jekyll Island for an additional 40 years. The Act makes changes regarding the appointment of advisory members to the authority and creates a Jekyll Island-State Park Authority Oversight Committee to advise the General Assembly regarding certain matters. The Act provides for certain provisions regarding the sale, lease, development, and improvement of certain property on Jekyll Island. The Act revises certain procedures relating to the Jekyll Island master plan. The Act specifies that the authority is exempt from all sales and use taxes.
The Act amends O.C.G.A. Sections 12-3-20, 12-3-232, 12-3-233, 12-3-234, 12-3-241, 12-3-243, 12-3-243.1, 12-3-247, and 12-3-274.
Effective upon approval by the Governor.
This Act provides for prepayments of certain local sales and use taxes with respect to motor fuels and provides for procedures to change provisions relating to penalties. The Act also changes certain provisions regarding refunds of motor fuel taxes and reports of motor fuel deliveries. The Act provides a sales and use tax exemption with respect to certain property purchased by the George L. Smith II World Congress Center Authority, the Jekyll Island-State Park Authority, and the Georgia Ports Authority.
The Act amends O.C.G.A. Sections 10-9-10, 12-3-274, 48-8-2, 48-8-30, 48-8-50, 48-8-82, 48-8-87, 48-8-102, 48-8-104, 48-8-110.1, 48-8-113, 48-8-201, 48-8-204, 48-9-9, and 52-2-37.
Effective on January 1, 2008, except that certain provisions become effective on July 1, 2007.
This Act removes the provision requiring that notification in writing be provided to the state archeologist at least five business days before beginning the investigation of any archeological, aboriginal, prehistoric, or historic site for the purpose of investigating such site or discovering artifacts if the surface of the site is disturbed by a person not documented as operating under the provisions of Section 106 of the National Historic Preservation Act. The Act provides instead that the state archeologist shall maintain a website and telephone hot line, available at all times, for the purpose of receiving notice in the form specified by policy of the Department of Natural Resources.
The Act amends O.C.G.A. Section 12-3-621.
Effective July 1, 2007.
This Act provides for a comprehensive program for the creation of infrastructure development districts.
The Act enacts O.C.G.A. Chapter 36-93 and amends O.C.G.A. Sections 12-5-30, 12-5-31, and 12-5-96.
Effective January 1, 2009; provided, however, that a resolution is ratified at the November, 2008, state-wide general election amending the Constitution so as to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts.
This Act provides that in addition to the annual reports the State Forestry Commission is required to submit to the General Assembly showing the condition of the forest resources of the state, with particular reference to the protection, preservation, and propagation of timber growth and other matters, the commission must submit reports every five years to the General Assembly verifying the ability of forest resources in this state to meet the needs of the present generation without compromising the ability to meet the needs of future generations. The first quinquennial report is due July 1, 2008.
The Act amends O.C.G.A. Section 12-6-10.
Effective July 1, 2007.
This Act removes the provision requiring the director of the State Forestry Commission to have earned a minimum of a Bachelor of Science degree in forestry and instead requires that emphasis be placed on seeking candidates for such position that have earned either a Bachelor of Science degree in forestry or have significant experience in forest management.
The Act amends O.C.G.A. Section 12-6-11.
Effective May 11, 2007.
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act provides any provision of a contract which provides for indemnification against liability for damages arising out of bodily injury to persons, death, or damage to property caused by an indemnitee or its, his, or her officers, agents, or employees in connection with a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances is against public policy, void, and unenforceable. The Act does not affect any obligation specifically related to workers´ compensation, coverage, or insurance, or to a requirement that one party purchase a project specific insurance policy.
The Act amends O.C.G.A. Section 13-8-2.
Effective July 1, 2007, and does not impair any obligation of contract or agreement entered into prior to July 1, 2007, but applicable to any contract entered into, extended, or renewed after July 1, 2007.
This Act provides that a contractor that is found to be more than 25 percent behind in the performance of any combination of two or more of the following: a state public works construction contract or a Department of Transportation construction or maintenance contract, due to the fault of such contractor, will not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contracts is brought current or completed.
The Act enacts O.C.G.A. Sections 13-10-100 and 32-6-66.1.
Effective upon approval by the Governor.
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act requires a certificate of conversion to be filed with the Secretary of State when a Georgia corporation, limited partnership, or limited liability company converts to a foreign status. The Act also authorizes the Secretary of State to assess a fee for the filing of a certificate of conversion, specifies the contents of the certificate, and permits the same to be filed with the clerk of the appropriate superior court.
The Act amends O.C.G.A. Sections 14-2-122, 14-2-1109.3, 14-9-206.8, 14-9-1101, 14-11-906, and 14-11-1101.
Effective upon approval by the Governor.
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act provides for a travel allowance for Justices of the Supreme Court and Judges of the Court of Appeals who reside 50 or more miles from the judicial building in Atlanta.
The Act amends O.C.G.A. Sections 15-2-3 and 15-3-5.
Effective July 1, 2007.
This Act provides for an additional judge of the superior court for the Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits.
The Act amends O.C.G.A. Section 15-6-2.
Effective upon approval by the Governor, except that the judgeships for the Cordele, Enotah, and Gwinnett Judicial Circuits begin terms on January 1, 2008.
This Act changes the terms of court in the Griffin Judicial Circuit.
The Act amends O.C.G.A. Section 15-6-3.
Effective July 1, 2007.
This Act changes the terms of court in the Piedmont Judicial Circuit.
The Act amends O.C.G.A. Section 15-6-3.
Effective upon approval by the Governor.
This Act changes provisions relating to indigent defense costs. The Act specifies that certain costs are not to be considered contingent expenses and changes matters relating to appointing counsel and attorneys´ fees in capital cases.
The Act amends O.C.G.A. Sections 15-6-24 and 17-12-127.
Effective July 1, 2007, and applicable to all costs and fees incurred or counsel appointed on and after July 1, 2007.
This Act changes the sunset dates for real estate or personal property filings 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 2014.
The Act amends O.C.G.A. Sections 15-6-77, 15-6-97, and 15-6-98.
Effective July 1, 2007.
This Act changes the sunset dates for real estate or personal property filings 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 2014. The Act also provides for additional filing fees for recording an instrument that requires cross-indexing or recording an instrument that cancels, satisfies, or releases certain liens and requires clerks to perform certain functions with regard to lien cancellations or requests for cross-indexing. The Act provides for electronic recording of certain information.
The Act amends O.C.G.A. Sections 15-6-77, 15-6-97, and 15-6-98.
Effective July 1, 2007.
This Act requires parties to raise specific objections to jury charges prior to the jury retiring for deliberation and failure to raise such objections precludes appellate review except under limited circumstances. The Act also abolishes the three-judge panel which reviewed sentences of imprisonment exceeding 12 years and provides for disposition of such cases in the pipeline and for the dissolution of such panel.
The Act amends O.C.G.A. Section 15-6-77, repeals O.C.G.A. Section 17-10-6, and enacts O.C.G.A. Sections 17-8-58 and 17-10-6.3.
Effective July 1, 2007, and applicable to trials which occur on and after July 1, 2007.
This Act amends numerous provisions of the O.C.G.A. so as to reflect changes in the organization of the General Assembly with respect to budgetary functions. The Act implements the abolition of the Legislative Budget Office and provides for the powers, duties, and responsibilities of the House Budget Office and the Senate Budget Office.
The Act amends O.C.G.A. Sections 8-2-144, 15-6-77.4, 15-9-60.1, 15-18-12, 15-21-74, 15-21-113, 15-21A-7, 17-12-26, 20-2-320, 20-3-133, 28-4-6, 28-4-7, 28-5-42, 35-2-41.1, 45-12-82, 45-12-85, 45-12-88, 45-12-95, 45-12-110, 45-12-175, 45-13-22, 50-25-7.1, and 50-34-17; enacts O.C.G.A. Section 28-5-6; and repeals O.C.G.A. Sections 28-5-5, 45-12-75.1, and 45-12-178.
Effective upon approval by the Governor.
This Act provides for court appointed special advocates and their training, duties, responsibilities, access to information, and immunity in cases. The Act provides for the role of the juvenile court in relation to CASA´s and penalties for CASA´s who disclose confidential information.
The Act amends O.C.G.A. Section 15-11-9 and enacts O.C.G.A Section 15-11-9.1.
Effective upon approval by the Governor.
This Act changes the qualifications for an associate juvenile court judge.
The Act amends O.C.G.A. Section 15-11-21.
Effective July 1, 2007.
This Act changes provisions relating to hearings in juvenile court and changes provisions relating to the disposition of a deprived child. The Act provides for certain requirements when changing placement of children who are in the custody of the Division of Family and Children Services and provides for procedure therefore.
The Act amends O.C.G.A. Sections 15-11-21, 15-11-55, and 49-5-3.
Effective July 1, 2007.
This Act require that foster parents, preadoptive parents, and relative caregivers are given notice of their right to be heard at certain hearings and provides for procedural safeguards to assure that in a permanency hearing there is consultation with the child, in an age appropriate manner, regarding the proposed permanency and transition plan for the child. The Act requires consideration of in-state and out-of-state placements for children at permanency plan hearings. The Act provides for confidentiality of records held by the Office of the Child Advocate for the Protection of Children. The Act also provides that the Department of Human Resources shall not disclose or use information from child abuse and neglect registries obtained from other states for any purpose other than conducting background checks to be used in foster care and adoptive placements and permits the department to provide health and education records to children who leave foster care as a result of reaching the age of majority;
The Act amends O.C.G.A. Sections 15-11-55.1, 15-11-58, 15-11-104, 15-11-174, 49-5-40, and 49-5-41.
Effective upon approval by the Governor.
TITLE 16 -- CRIMES AND OFFENSES
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act increases the maximum punishment for convictions for criminal attempt to commit felonies punishable by death or life imprisonment.
The Act amends O.C.G.A. Section 16-4-6.
Effective July 1, 2007, and applicable to crimes committed on and after July 1, 2007.
This Act revises the law concerning living wills and enacts the "Georgia Advance Directive for Health Care Act" which provides for a savings clause for a living will and durable power of attorney for heath care, a new form for use as a living will, and witness requirements. The Act provides for revocation, the effect of marriage, and guardianship and provides for duties and responsibilities of health care agents and health care providers. The Act provides for the effect of these provisions on other legal rights and duties. The Act repeals O.C.G.A. Chapter 31-36, relating to durable power of attorney for heath care.
The Act amends O.C.G.A. Sections 31-32-1 through 31-32-14. The Act repeals and reserves O.C.G.A. Sections 31-36-1 through 31-36-13. The Act amends O.C.G.A. Sections 10-12-4, 16-5-5, 16-5-100, 29-4-3, 29-4-10, 29-4-21, 29-5-21, 31-5A-7, 31-8-55, 31-9-2, 31-33-2, 31-36A-6, 31-39-2, 37-2-35, 44-5-143, and 49-6-72.
Effective July 1, 2007.
This Act changes provisions relating to actions to recover property. The Act also changes the penalties for certain violations.
The Act amends O.C.G.A. Sections 10-1-350, 10-1-354, 10-1-357, and 16-8-12 and enacts O.C.G.A. Section 10-1-358.
Effective upon approval by the Governor.
This Act increases penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material and provides for forfeiture of certain items. The Act also provides for additional restitution.
The Act amends O.C.G.A. Section 16-8-60.
Effective July 1, 2007.
This Act changes the penalties for knowingly manufacturing, selling, or distributing false identification documents based on the age of the offender.
The Act amends O.C.G.A. Section 16-9-4.
Effective July 1, 2007, and applies to offenses committed on and after July 1, 2007.
This Act changes provisions relating to actions to recover property. The Act also changes the penalties for certain violations.
The Act amends O.C.G.A. Sections 10-1-350, 10-1-354,10-1-357, and 16-8-12, and enacts O.C.G.A. Section 10-1-358.
Effective upon approval by the Governor.
This Act provides the Georgia Bureau of Investigation with the authority to investigate certain offenses against minors and gives the bureau subpoena power under certain circumstances. The Act defines the term "electronic device" for purposes of the "Computer Pornography and Child Exploitation Act of 2007."
The Act amends O.C.G.A. Sections 16-9-109, 16-12-100.2, and 35-3-4 and enacts O.C.G.A. Section 35-3-4.1.
Effective upon approval by the Governor.
This Act provides for notification by certain data collectors upon a breach of security regarding personal information. The Act changes certain provisions relating to the elements of the offense of identity fraud. The Act creates the offense of identity fraud by receipt of fraudulent identification information. The Act provides the victim of identity fraud with the right to file a report with a law enforcement agency.
The Act amends O.C.G.A. Sections 10-1-911, 10-1-912, 16-9-121, and 16-9-126. The Act enacts O.C.G.A. Section 16-9-125.1.
Effective upon approval by the Governor, and the amendment to O.C.G.A. Section 16-9-121 shall apply to all offenses occurring on or after such date.
This Act substantially revises the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977." The Act provides that the legislative intent is to bring new and emerging technologies within the scope of the law and establish a means by which local public safety agencies may provide 9-1-1 service to such users.
The Act expands definitions and provisions to include Voice Over Internet Protocol service and prepaid wireless service.
The Act provides additional requirements, duties, and responsibilities for the 9-1-1 Advisory Committee and creates the Emergency 9-1-1 Assistance Fund.
The Act amends O.C.G.A. Sections 46-5-121 through 46-5-138, 46-5-221, and 46-5-231. The Act enacts O.C.G.A. Sections 16-11-39.2, 46-5-134.2, and 46-5-138.2.
Effective July 1, 2007.
This Act makes it unlawful to attempt to purchase cigarettes and tobacco related objects and changes certain provisions relating to vending machines which dispense cigarettes, tobacco products, or tobacco related objects.
The Act amends O.C.G.A. Sections 16-12-171 and 16-12-173.
Effective July 1, 2007.
This Act makes changes to the list of Schedule II and Schedule V controlled substances and dangerous drugs.
The Act amends O.C.G.A. Sections 16-13-26, 16-13-29, and 16-13-71.
Effective upon approval by the Governor.
TITLE 17 -- CRIMINAL PROCEDURE
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act extends the period for which a court may require a bond with a surety for good behavior.
The Act amends O.C.G.A. Section 17-6-90.
Effective July 1, 2007.
This Act changes the procedure for defendants raising the issue of insanity or mental incompetency to stand trial. The Act provides for definitions and allows the committing court to have discretion to allow outpatient evaluations.
The Act amends O.C.G.A. Section 17-7-130.
Effective July 1, 2007.
This Act requires parties to raise specific objections to jury charges prior to the jury retiring for deliberation and failure to raise such objections precludes appellate review except under limited circumstances. The Act also abolishes the three-judge panel which reviewed sentences of imprisonment exceeding 12 years and provides for disposition of such cases in the pipeline and for the dissolution of such panel.
The Act amends O.C.G.A. Section 15-6-77, repeals O.C.G.A. Section 17-10-6, and enacts O.C.G.A. Sections 17-8-58 and 17-10-6.3.
Effective July 1, 2007, and applicable to trials which occur on and after July 1, 2007.
This Act provides that when the court is making a determination with respect to probation and suspension of sentence or the State Board of Pardons and Paroles is considering pardon, parole, or other relief, inquiry can be made regarding the legality of a prisoner´s presence in the United States.
The Act enacts O.C.G.A. Sections 17-10-1.3 and 42-9-43.1.
Effective upon approval by the Governor.
This Act transfers the Georgia Public Defender Standards Council from the judicial branch of government to the executive branch of government.
The Act amends O.C.G.A. Sections 17-12-1, 17-12-10.1, 17-12-26, and 17-12-30.
Effective July 1, 2007.
This Act amends numerous provisions of the O.C.G.A. so as to reflect changes in the organization of the General Assembly with respect to budgetary functions. The Act implements the abolition of the Legislative Budget Office and provides for the powers, duties, and responsibilities of the House Budget Office and the Senate Budget Office.
The Act amends O.C.G.A. Sections 8-2-144, 15-6-77.4, 15-9-60.1, 15-18-12, 15-21-74, 15-21-113, 15-21A-7, 17-12-26, 20-2-320, 20-3-133, 28-4-6, 28-4-7, 28-5-42, 35-2-41.1, 45-12-82, 45-12-85, 45-12-88, 45-12-95, 45-12-110, 45-12-175, 45-13-22, 50-25-7.1, and 50-34-17; enacts O.C.G.A. Section 28-5-6; and repeals O.C.G.A. Sections 28-5-5, 45-12-75.1, and 45-12-178.
Effective upon approval by the Governor.
This Act changes provisions relating to indigent defense costs. The Act specifies that certain costs are not to be considered contingent expenses and changes matters relating to appointing counsel and attorneys´ fees in capital cases.
The Act amends O.C.G.A. Sections 15-6-24 and 17-12-127.
Effective July 1, 2007, and applicable to all costs and fees incurred or counsel appointed on and after July 1, 2007.
TITLE 19 -- DOMESTIC RELATIONS
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act provides for changes in child custody proceedings. The Act provides for direct appeals from all judgments or orders in child custody cases and changes certain provisions relating to cases requiring application for appeal. The Act adds information to filing and dispositional forms in domestic relations cases. The Act requires parents to submit a parenting plan to the court in child custody cases. The Act permits the parents of a child to agree to binding arbitration on the issue of child custody and other matters. The Act specifies that there is no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent. The Act establishes factors that a judge may consider in determining the best interests of the child. The Act provides for written findings of fact in child custody proceedings. The Act requires that custodial and noncustodial parents give notification of a change of address under certain circumstances. The Act provides for attorney´s fees, expenses of litigation, and other costs in child custody proceedings.
The Act amends O.C.G.A. Sections 5-6-34, 5-6-35, 9-11-133, 19-5-1, 19-7-22, 19-9-1 through 19-9-7 and enacts O.C.G.A. Sections 19-9-1.1 and 19-9-1.2.
Effective January 1, 2008, and applicable to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
This Act provides for pre-birth surrender of rights of a biological father to a child being placed for adoption. The Act provides for the dissolution of surrender rights signed by the birth mother if the biological father legitimates the child and the adoption is not granted. The Act clarifies the authority of a birth mother to sign either a voluntary acknowledgment of legitimation or of paternity following her execution of a surrender of parental rights in support of an adoption of the same child.
The Act amends O.C.G.A. Sections 19-8-4, 19-8-5, 19-8-7, 19-8-9, 19-8-12, and 19-8-26.
Effective July 1, 2007, and applicable to proceedings on or after July 1, 2007.
This Act requires a petitioner in an adoption proceeding to submit to a criminal history records check by submitting his or her fingerprints to the Georgia Crime Information Center, which shall notify the court in writing of the presence or absence of any derogatory finding.
The Act amends O.C.G.A. Section 19-8-16.
Effective July 1, 2007.
This Act authorizes the Department of Human Resources to impose and retain federal Deficit Reduction Act of 2005 fees on obligees and obligors with respect to certain child support collections.
The Act amends O.C.G.A. Sections 19-11-6 and 19-11-8.
Effective July 1, 2007.
THE FOLLOWING BILLS WERE PASSED BY THE 2007 GENERAL
ASSEMBLY AND ARE SUBJECT TO THE GOVERNOR'S VETO
This Act changes provisions relating to requirements for placement of students in classrooms. The Act requires that twins or other multiples be placed in the same classroom at the request of a parent or guardian, if the children are in the same grade level at the same school and meet the class eligibility requirements. The Act provides that each local board of education may set maximum class sizes for high school general education programs under certain conditions.
The Act enacts O.C.G.A. Section 20-2-71 and amends O.C.G.A. Section 20-2-182.
Effective July 1, 2007.
This Act changes provisions relating to the operation of school councils and the employment of certain personnel. The Act eliminates language relating to the membership on the school council being open to teachers, parents, and business representatives. The Act requires that the parent or guardian members make up a majority on the school council and that at least two of the parent or guardian members be businesspersons. The Act provides that the chairperson of the school council be a parent member. The Act authorizes the employment of school administrative managers to conduct the financial and business affairs of a school. The Act provides for alternative teaching certifications for secondary school teachers. The Act prohibits discrimination or disparate treatment for teachers and applicants for alternative certification.
The Act amends O.C.G.A. Sections 20-2-86, 20-2-290, and 20-2-200 and enacts O.C.G.A. Section 20-2-206.
Effective July 1, 2007.
This Act provides that American Sign Language can be used to fulfill the foreign language requirements for a college preparatory diploma for any student. The Act recognizes American Sign Language as a fully developed, natural language and as language commonly used in the United States and Canada.
The Act amends O.C.G.A. Sections 20-2-151.1 and 30-1-6.
Effective July 1, 2007.
This Act enacts the "Deaf Child's Bill of Rights Act." The Act provides for legislative findings regarding deaf and hard-of-hearing children. The Act requires that a school system take into account the specific communication needs of a deaf or hard-of-hearing student. The Act provides for the explanation of options to the parent or guardian of a deaf or hard-of-hearing student. The Act also provides that a deaf student shall not be denied the opportunity for instruction in a particular communication mode or language.
The Act amends O.C.G.A. Section 20-2-152.1.
Effective July 1, 2007.
This Act amends numerous provisions of the O.C.G.A. so as to reflect changes in the organization of the General Assembly with respect to budgetary functions. The Act implements the abolition of the Legislative Budget Office and provides for the powers, duties, and responsibilities of the House Budget Office and the Senate Budget Office.
The Act amends O.C.G.A. Sections 8-2-144, 15-6-77.4, 15-9-60.1, 15-18-12, 15-21-74, 15-21-113, 15-21A-7, 17-12-26, 20-2-320, 20-3-133, 28-4-6, 28-4-7, 28-5-42, 35-2-41.1, 45-12-82, 45-12-85, 45-12-88, 45-12-95, 45-12-110, 45-12-175, 45-13-22, 50-25-7.1, and 50-34-17; enacts O.C.G.A. Section 28-5-6; and repeals O.C.G.A. Sections 28-5-5, 45-12-75.1, and 45-12-178.
Effective upon approval by the Governor.
This Act provides that children who serve as pages of the Georgia General Assembly shall be credited as present by the school in which enrolled in the same manner as an educational field trip. The Act prohibits such participation as a page from being counted as an absence.
The Act amends O.C.G.A. Section 20-2-692.
Effective July 1, 2007.
This Act provides for teachers and employees of charter schools to be considered employees for purposes of participating in health insurance plans for teachers and other school personnel.
The Act amends O.C.G.A. Sections 20-2-880 and 20-2-910.
Effective July 1, 2007.
This Act amends provisions relating to public employee health care. The Act provides for employer and retiree contributions to the Georgia Retiree Health Benefit Fund. The Act designates the Georgia Retiree Health Benefit Fund as a trust fund available and dedicated for all employer and retiree contributions and other deposits, as delineated, for the coverage of health care expenses and administration costs. The Act provides powers and duties of the board, department, and commissioner of Community Health as they relate to the fund. The Act also provides protection for the fund from creditors of the state and employers.
The Act enacts O.C.G.A. Sections 20-2-898, 20-2-926, and 45-18-21 and amends O.C.G.A. Sections 45-18-100, 45-18-101, 45-18-102, 45-18-104, and 45-18-105.
Effective July 1, 2007.
This Act enacts the "Grade Integrity Act of 2007," which provides that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student. The Act provides for the reporting of such conduct to the Professional Standards Commission as an ethics violation.
The Act enacts O.C.G.A. Section 20-2-989.20.
Effective July 1, 2007.
This Act enacts the "Charter Systems Act." The Act provides for legislative findings regarding educational programs. The Act revises and adds definitions of certain terms relating to charter schools. The Act provides for the establishment of charter systems and a Charter Advisory Committee. The Act establishes certain requirements for petitions for charter systems. The Act revises provisions relating to the approval or denial of a charter petition and the review of charters. The Act provides for terms, renewals, and terminations of charter systems. The Act provides waivers and operating requirements, control, and management for charter systems. The Act revises certain provisions relative to the funding of charter schools. The Act changes provisions concerning the Office of Charter School Compliance.
The Act amends O.C.G.A. Sections 20-2-2062, 20-2-2063, 20-2-2064, 20-2-2064.1, 20-2-2065, 20-2-2066, 20-2-2067.1, 20-2-2068, 20-2-2068.1, and 20-2-2069 and enacts O.C.G.A. Sections 20-2-2063.1 and 20-2-2063.2.
The Amendment to O.C.G.A. Section 20-2-2068.1 is effective on July 1, 2008, and applicable to the 2008-2009 school year and every year thereafter; provided, however, that local school systems shall plan for such changes to the law and take all necessary measures with regard to budgeting prior to July 1, 2008. Remaining sections of the Act are effective July 1, 2007.
This Act enacts the "Georgia Special Needs Scholarship Act," which provides for scholarships for public school students with disabilities to attend other public or private schools. The Act establishes qualifications and criteria for the scholarship program. The Act also establishes certain requirements for schools that participate in the scholarship program. The Act provides for the amount of scholarship that may be granted and method of payments. The Act authorizes the State Board of Education to promulgate rules to administer the program. The Act requires the Office of Student Achievement in conjunction with the Department of Education to provide an annual report to the General Assembly regarding the program.
The Act enacts O.C.G.A. Sections 20-2-2110 through 20-2-2118.
Effective upon approval by the Governor, and applicable to the 2007-2008 school year and all school years subsequent thereto.