07 LC 25
4621
Senate
Bill 103
By:
Senators Adelman of the 42nd, Meyer von Bremen of the 12th, Harp of the 29th,
Hamrick of the 30th, Hill of the 32nd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend the Official Code of Georgia Annotated, so as to correct typographical,
stylistic, capitalization, punctuation, and other errors and omissions in the
Official Code of Georgia Annotated and in Acts of the General Assembly amending
the Official Code of Georgia Annotated; to reenact the statutory portion of the
Official Code of Georgia Annotated, as amended; to provide for necessary or
appropriate revisions and modernizations of matters contained in the Official
Code of Georgia Annotated; to repeal portions of the Code and Acts related
thereto which have become obsolete; to delete portions of the Code and Acts
related thereto which have been superseded by subsequent state laws; to provide
for and to correct citations in the Official Code of Georgia Annotated and other
codes and laws of the state; to rearrange, renumber, and redesignate provisions
of the Official Code of Georgia Annotated; to provide for other matters relating
to the Official Code of Georgia Annotated; to provide effective dates; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
1 of the Official Code of Georgia Annotated, relating to general provisions, is
amended in:
(1) Code Section 1-4-15.1, relating to the designation of "Ronald Reagan Day", by replacing the single quotation marks at the beginning and end of "peace through strength" with double quotation marks in paragraph (6) of subsection (a).
(1) Code Section 1-4-15.1, relating to the designation of "Ronald Reagan Day", by replacing the single quotation marks at the beginning and end of "peace through strength" with double quotation marks in paragraph (6) of subsection (a).
SECTION
2.
Reserved.
SECTION
3.
Reserved.
SECTION
4.
Reserved.
SECTION
5.
Reserved.
SECTION
6.
Reserved.
SECTION
7.
Reserved.
SECTION
8.
Reserved.
SECTION
9.
Title
9 of the Official Code of Georgia Annotated, relating to civil practice, is
amended in:
(1) Code Section 9-7-3, relating to the appointment of an auditor in matters of account on application and notice and on the court´s own motion, by replacing "the superior, state or city courts" with "the superior, state, or city courts".
(2) Code Section 9-10-2, relating to civil practice and actions against the state void absent notice or waiver, by striking "or" at the end of paragraph (1).
(1) Code Section 9-7-3, relating to the appointment of an auditor in matters of account on application and notice and on the court´s own motion, by replacing "the superior, state or city courts" with "the superior, state, or city courts".
(2) Code Section 9-10-2, relating to civil practice and actions against the state void absent notice or waiver, by striking "or" at the end of paragraph (1).
SECTION
10.
Title
10 of the Official Code of Georgia Annotated, relating to commerce and trade, is
amended in:
(1) Code Section 10-14-3, relating to definitions in regard to cemetery and funeral services, by replacing "polypropolene," with "polypropylene," in paragraph (27).
(1) Code Section 10-14-3, relating to definitions in regard to cemetery and funeral services, by replacing "polypropolene," with "polypropylene," in paragraph (27).
SECTION
11.
Reserved.
SECTION
12.
Title
12 of the Official Code of Georgia Annotated, relating to conservation and
natural resources, is amended in:
(1) Code Section 12-8-33.1, relating to improper disposal of computer equipment, the creation of the Computer Equipment Disposal and Recycling Council, compensation, and powers and duties, by repealing said obsolete Code section in its entirety.
(1) Code Section 12-8-33.1, relating to improper disposal of computer equipment, the creation of the Computer Equipment Disposal and Recycling Council, compensation, and powers and duties, by repealing said obsolete Code section in its entirety.
SECTION
13.
Reserved.
SECTION
14.
Reserved.
SECTION
15.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended
in:
(1) Code Section 15-6-3, relating to the terms of court for the superior courts for each of the judicial circuits, by replacing the period with a semicolon at the end of subparagraph (E) and by replacing "Provided, however, if" with "provided, however, that if" at the beginning of the undesignated text at the end of paragraph (1) and by replacing the period with a semicolon at the end of subparagraph (F) and by replacing "Provided, however, if" with "provided, however, that if" at the beginning of the undesignated text at the end of paragraph (41).
(2) Code Section 15-11-149, relating to the court´s disposition of a mentally ill or mentally retarded child, by replacing "provided by Article 1." with "provided by Article 1 of this chapter." at the end of subsection (d).
(3) Code Section 15-11-206, relating to the emancipation of minors, petition to rescind an emancipation order, service upon parents or guardians, requirements for rescission, retention by court of rescission, effect on other parties, and appeals, by replacing "agrees" with "agree" in paragraph (2) of subsection (c).
(4) Code Section 15-12-1, relating to exemptions from jury duty, by replacing "this paragraph and paragraph (4)." with "this paragraph and paragraph (4) of this subsection." in paragraph (3) of subsection (a).
(5) Code Section 15-19-57, relating to the regulation of the practice of law and the investigation of unauthorized practice of law, by striking and reserving paragraph (2).
(6) Code Section 15-19-58, relating to the regulation of the practice of law and injunctive relief, venue, procedure, and other remedies, by striking and reserving paragraph (2) of subsection (a).
(7) Code Section 15-21-2, relating to payment into county treasury of fines and forfeitures, by replacing "the Department´s motorcycle enforcement program." with "the department´s motorcycle enforcement program." in paragraph (2) of subsection (a).
(8) Code Section 15-21-173, relating to the Georgia Driver´s Education Commission members and terms, appointment, vacancies, chairperson and other officers, and employees, by replacing "driver´seducation" with "driver´s education" in subsection (a).
(1) Code Section 15-6-3, relating to the terms of court for the superior courts for each of the judicial circuits, by replacing the period with a semicolon at the end of subparagraph (E) and by replacing "Provided, however, if" with "provided, however, that if" at the beginning of the undesignated text at the end of paragraph (1) and by replacing the period with a semicolon at the end of subparagraph (F) and by replacing "Provided, however, if" with "provided, however, that if" at the beginning of the undesignated text at the end of paragraph (41).
(2) Code Section 15-11-149, relating to the court´s disposition of a mentally ill or mentally retarded child, by replacing "provided by Article 1." with "provided by Article 1 of this chapter." at the end of subsection (d).
(3) Code Section 15-11-206, relating to the emancipation of minors, petition to rescind an emancipation order, service upon parents or guardians, requirements for rescission, retention by court of rescission, effect on other parties, and appeals, by replacing "agrees" with "agree" in paragraph (2) of subsection (c).
(4) Code Section 15-12-1, relating to exemptions from jury duty, by replacing "this paragraph and paragraph (4)." with "this paragraph and paragraph (4) of this subsection." in paragraph (3) of subsection (a).
(5) Code Section 15-19-57, relating to the regulation of the practice of law and the investigation of unauthorized practice of law, by striking and reserving paragraph (2).
(6) Code Section 15-19-58, relating to the regulation of the practice of law and injunctive relief, venue, procedure, and other remedies, by striking and reserving paragraph (2) of subsection (a).
(7) Code Section 15-21-2, relating to payment into county treasury of fines and forfeitures, by replacing "the Department´s motorcycle enforcement program." with "the department´s motorcycle enforcement program." in paragraph (2) of subsection (a).
(8) Code Section 15-21-173, relating to the Georgia Driver´s Education Commission members and terms, appointment, vacancies, chairperson and other officers, and employees, by replacing "driver´seducation" with "driver´s education" in subsection (a).
SECTION
15A.
Section
3 of an Act amending Code Sections 15-21-2 and 40-13-26, approved April 18, 2006
(Ga. L. 2006, p. 159), not codified by the General Assembly, is amended by
replacing "shall expire June 30, 2011," with "shall stand repealed June 30,
2011,".
SECTION
16.
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended in:
(1) Code Section 16-5-110, relating to notice of conviction and release from confinement of sex offenders and publication of notice, information required, assessment for cost, and immunity, by replacing "the date, time, place of arrest;" with "the date, time, and place of arrest;" in subsection (a).
(2) Code Section 16-6-25, relating to harboring, concealing, or withholding information concerning a sexual offender and penalties, by replacing "attempting harbor such sexual offender;" with "attempting to harbor such sexual offender;" in paragraph (1) of subsection (b).
(3) Code Section 16-9-152, relating to computer security and spyware, browsers, hijacks, and other software prohibited, by replacing "division (i) or (ii) of subparagraph (E) of paragraph (12) of Code Section 16-9-151" with "division (12)(E)(i) or (12)(E)(ii) of Code Section 16-9-151" in subparagraph (a)(2)(C).
(4) Code Section 16-11-64.1, relating to wiretapping, eavesdropping, surveillance, and related offenses and the application and issuance of an order authorizing the installation and use of a pen register or a trap and trace device, by replacing "District Attorney," with "district attorney,".
(5) Code Section 16-11-126, relating to carrying a concealed weapon, by replacing "licenseholder" with "license holder" in subsection (e).
(6) Code Section 16-11-127.2, relating to a firearm or weapon on the premise of a nuclear power facility, by replacing "a fine of not more than $10,000," with "a fine of not more than $10,000.00," in subsection (b).
(7) Code Section 16-11-128, relating to carrying a pistol without a license, by replacing "licenseholder" with "license holder".
(8) Code Section 16-12-22.1, relating to raffles operated by nonprofit, tax-exempt organizations, by replacing "subparagraphs (A) and (B) of paragraph (1) of this subsection" with "subparagraphs (A) and (B) of paragraph (2) of this subsection" in paragraph (4) of subsection (d).
(9) Code Section 16-12-35, relating to gambling and certain applicability, by redesignating subsection (a) as new subsection (j), by redesignating subsection (a.1) as new subsection (a), and by replacing the single quotation marks at the beginning and end of "some skill" with double quotation marks in the last sentence of the undesignated text at the end of new subsection (a).
(10) Code Section 16-12-100.2, relating to computer pornography and child exploitation prevention, by replacing "on-line messaging service" with "on-line messaging service," in paragraph (1) of subsection (d).
(11) Code Section 16-12-109,which is a reserved designation, by repealing said designation.
(12) Code Section 16-13-28, relating to the regulation of controlled substances in Schedule IV, by striking "Zopiclone, and all salts, isomers, and salts of isomers thereof." and inserting in its place "Zopiclone." in paragraph (34) of subsection (a).
(13) Code Section 16-13-30.3, relating to regulation of controlled substances and the possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine and restrictions on sales of products containing pseudoephedrine, by replacing "the State Board of Pharmacy," with "the Georgia State Board of Pharmacy," in paragraph (3) of subsection (c) and by replacing "or more than ten" with "nor more than ten" in subsection (d).
(14) Code Section 16-13-30.4, relating to the regulation of controlled substances and licenses for sale, transfer, or purchase for resale of products containing pseudoephedrine, reporting and record-keeping requirements, grounds for denial, suspension, or revocation of licenses, rules and regulations, exceptions, forfeiture, and violations, by replacing "Board of Pharmacy" with "board of pharmacy" in subsection (a), paragraph (1) of subsection (b), the introductory language of subsection (c), and subsection (d).
(15) Code Section 16-13-31.1, relating to the penalty for selling, possessing, distributing or other offenses associated with ecstasy, by replacing "10 years" with "ten years" in paragraph (3).
(16) Code Section 16-13-41, relating to prescriptions, by replacing "prescriptions" with "prescription" and by replacing "signatures" with "signature" in subsection (b) and by replacing "Such prescriptions shall be signed and dated or may be issued orally by the practitioner on the date when issued," with "Such prescription shall be signed and dated by the practitioner on the date when issued or may be issued orally," in paragraph (2) of subsection (d).
(17) Code Section 16-13-71, relating to the definition of a dangerous drug, by replacing "Iothalalmate;" with "Iothalamate;" in paragraph (489.2) and by replacing "Tiotropium" with "Tiotropium;" in paragraph (967.55) of subsection (b).
(1) Code Section 16-5-110, relating to notice of conviction and release from confinement of sex offenders and publication of notice, information required, assessment for cost, and immunity, by replacing "the date, time, place of arrest;" with "the date, time, and place of arrest;" in subsection (a).
(2) Code Section 16-6-25, relating to harboring, concealing, or withholding information concerning a sexual offender and penalties, by replacing "attempting harbor such sexual offender;" with "attempting to harbor such sexual offender;" in paragraph (1) of subsection (b).
(3) Code Section 16-9-152, relating to computer security and spyware, browsers, hijacks, and other software prohibited, by replacing "division (i) or (ii) of subparagraph (E) of paragraph (12) of Code Section 16-9-151" with "division (12)(E)(i) or (12)(E)(ii) of Code Section 16-9-151" in subparagraph (a)(2)(C).
(4) Code Section 16-11-64.1, relating to wiretapping, eavesdropping, surveillance, and related offenses and the application and issuance of an order authorizing the installation and use of a pen register or a trap and trace device, by replacing "District Attorney," with "district attorney,".
(5) Code Section 16-11-126, relating to carrying a concealed weapon, by replacing "licenseholder" with "license holder" in subsection (e).
(6) Code Section 16-11-127.2, relating to a firearm or weapon on the premise of a nuclear power facility, by replacing "a fine of not more than $10,000," with "a fine of not more than $10,000.00," in subsection (b).
(7) Code Section 16-11-128, relating to carrying a pistol without a license, by replacing "licenseholder" with "license holder".
(8) Code Section 16-12-22.1, relating to raffles operated by nonprofit, tax-exempt organizations, by replacing "subparagraphs (A) and (B) of paragraph (1) of this subsection" with "subparagraphs (A) and (B) of paragraph (2) of this subsection" in paragraph (4) of subsection (d).
(9) Code Section 16-12-35, relating to gambling and certain applicability, by redesignating subsection (a) as new subsection (j), by redesignating subsection (a.1) as new subsection (a), and by replacing the single quotation marks at the beginning and end of "some skill" with double quotation marks in the last sentence of the undesignated text at the end of new subsection (a).
(10) Code Section 16-12-100.2, relating to computer pornography and child exploitation prevention, by replacing "on-line messaging service" with "on-line messaging service," in paragraph (1) of subsection (d).
(11) Code Section 16-12-109,which is a reserved designation, by repealing said designation.
(12) Code Section 16-13-28, relating to the regulation of controlled substances in Schedule IV, by striking "Zopiclone, and all salts, isomers, and salts of isomers thereof." and inserting in its place "Zopiclone." in paragraph (34) of subsection (a).
(13) Code Section 16-13-30.3, relating to regulation of controlled substances and the possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine and restrictions on sales of products containing pseudoephedrine, by replacing "the State Board of Pharmacy," with "the Georgia State Board of Pharmacy," in paragraph (3) of subsection (c) and by replacing "or more than ten" with "nor more than ten" in subsection (d).
(14) Code Section 16-13-30.4, relating to the regulation of controlled substances and licenses for sale, transfer, or purchase for resale of products containing pseudoephedrine, reporting and record-keeping requirements, grounds for denial, suspension, or revocation of licenses, rules and regulations, exceptions, forfeiture, and violations, by replacing "Board of Pharmacy" with "board of pharmacy" in subsection (a), paragraph (1) of subsection (b), the introductory language of subsection (c), and subsection (d).
(15) Code Section 16-13-31.1, relating to the penalty for selling, possessing, distributing or other offenses associated with ecstasy, by replacing "10 years" with "ten years" in paragraph (3).
(16) Code Section 16-13-41, relating to prescriptions, by replacing "prescriptions" with "prescription" and by replacing "signatures" with "signature" in subsection (b) and by replacing "Such prescriptions shall be signed and dated or may be issued orally by the practitioner on the date when issued," with "Such prescription shall be signed and dated by the practitioner on the date when issued or may be issued orally," in paragraph (2) of subsection (d).
(17) Code Section 16-13-71, relating to the definition of a dangerous drug, by replacing "Iothalalmate;" with "Iothalamate;" in paragraph (489.2) and by replacing "Tiotropium" with "Tiotropium;" in paragraph (967.55) of subsection (b).
SECTION
17.
Reserved.
SECTION
18.
Reserved.
SECTION
19.
Title
19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended in Code Section 19-6-15, relating to child support in final verdict or
decree, guidelines for determining the amount of the award, continuation of duty
to provide support and duration of the
support,
(1) By replacing the term:
(1) By replacing the term:
(A)
"Adjusted Child Support Obligation" with "adjusted child support obligation"
wherever the former term appears;
(B)
"Adjusted Income" with "adjusted income" wherever the former term
appears;
(C)
"Basic Child Support Obligation" with "basic child support obligation" wherever
the former term appears;
(D)
"Child" with "child" wherever the former term appears;
(E)
"Child Support" with "child support" wherever the former term
appears;
(F)
"Child Support Obligation Table" with "child support obligation table" wherever
the former term appears;
(G)
"Child Support Worksheet" with "child support worksheet" wherever the former
term appears;
(H)
"Combined Adjusted Income" with "combined adjusted income" wherever the former
term appears;
(I)
"Court" or "Court´s" with "court" or "court´s", respectively, wherever
the former terms appear;
(J)
"Custodial" with "custodial" wherever the former term appears;
(K)
"Deviation" or "Deviations" with "deviation" or "deviations", respectively,
wherever the former terms appear;
(L)
"Final Child Support Order" with "final child support order" wherever the former
term appears;
(M)
"Gross Income" with "gross income" wherever the former term
appears;
(N)
"Health Insurance" with "health insurance" wherever the former term
appears;
(O)
"Noncustodial" with "noncustodial" wherever the former term
appears;
(P)
"Nonparent Custodian" or "Nonparent Custodian´s" with "nonparent custodian"
or "nonparent custodian´s", respectively, wherever the former terms
appear;
(Q)
"Parent", "Parents", or "Parent´s" with "parent", "parents", or
"parent´s", respectively, wherever the former terms appear;
(R)
"Parenting Time Adjustment" with "parenting time adjustment" wherever the former
term appears;
(S)
"Preexisting Order" or "Preexisting Orders" with "preexisting order" or
"preexisting order", respectively, wherever the former terms
appear;
(T)
"Presumptive Amount of Child Support" with "presumptive amount of child support"
wherever the former term appears;
(U)
"Qualified Child" with "qualified child" wherever the former term
appears;
(V)
"Qualified Children" with "qualified children" wherever the former term appears;
(W)
"Split Parenting" with "split parenting" wherever the former term
appears;
(X)
"Theoretical Child Support Order" or "Theoretical Child Support Orders" with
"theoretical child support order" or "theoretical child support orders",
respectively, wherever the former terms appear;
(Y)
"Uninsured Health Care Expenses" with "uninsured health care expenses" wherever
the former term appears;
(Z)
"Work Related Child Care Costs" with "work related child care costs" wherever
the former term appears; and
(AA)
"Worksheet" with "worksheet" wherever the former term appears,
except
within the title of an Act; and except, further, that the first word of any
sentence, paragraph, subparagraph, or division shall remain
capitalized.
(2) Revising paragraph (5) of subsection (a) as follows:
(2) Revising paragraph (5) of subsection (a) as follows:
"(5)
Reserved.
(6.1)
'Child support services'
'Child
Support Enforcement Agency' means the
Child
Support Enforcement Agency
Office of
Child Support Services within the
Department of Human Resources."
(3)
Replacing "A 'Qualified Child'" with "'Qualified child'" in paragraph (20) of
subsection (a).
(4) Replacing "Child Support Enforcement Agency" with "child support services" in paragraph (25) of subsection (a), and divisions (h)(3)(B)(ii) and (i)(2)(K)(iii) and by replacing "Child Support Enforcement Agency´s" with "child support services´" in division (f)(5)(B)(iii).
(5) Replacing "Veterans´ Administration" with "United States Department of Veterans Affairs" in division (f)(1)(A)(vii).
(6) Replacing "temporary assistance for needy families," with "Temporary Assistance for Needy Families Program," in division (f)(2)(B)(i).
(7) Replacing "Low income" with "Low-income" in division (f)(2)(B)(v).
(8) Replacing "the amount of current child support may remain the same" with "leave unchanged the amount of current child support" in subparagraph (f)(4)(C).
(9) Replacing "workforce" with "work force" in subdivision (f)(4)(D)(vi)(II).
(10) Replacing "pursuant to this paragraph" with "pursuant to this subparagraph" in subparagraph (f)(5)(C).
(11) Replacing "Child´s Health Insurance premium" with "child´s health insurance premiums" in the undesignated introductory paragraph of subsection (h).
(12) Replacing "Uninsured Heath Care Expenses;" with "uninsured health care expenses;" in subparagraph (h)(3)(A).
(13) Replacing "low income" with "low-income" in subparagraph (i)(2)(B).
(14) Replacing "health-related" with "health related" in the catchline of subparagraph (i)(27)(C).
(4) Replacing "Child Support Enforcement Agency" with "child support services" in paragraph (25) of subsection (a), and divisions (h)(3)(B)(ii) and (i)(2)(K)(iii) and by replacing "Child Support Enforcement Agency´s" with "child support services´" in division (f)(5)(B)(iii).
(5) Replacing "Veterans´ Administration" with "United States Department of Veterans Affairs" in division (f)(1)(A)(vii).
(6) Replacing "temporary assistance for needy families," with "Temporary Assistance for Needy Families Program," in division (f)(2)(B)(i).
(7) Replacing "Low income" with "Low-income" in division (f)(2)(B)(v).
(8) Replacing "the amount of current child support may remain the same" with "leave unchanged the amount of current child support" in subparagraph (f)(4)(C).
(9) Replacing "workforce" with "work force" in subdivision (f)(4)(D)(vi)(II).
(10) Replacing "pursuant to this paragraph" with "pursuant to this subparagraph" in subparagraph (f)(5)(C).
(11) Replacing "Child´s Health Insurance premium" with "child´s health insurance premiums" in the undesignated introductory paragraph of subsection (h).
(12) Replacing "Uninsured Heath Care Expenses;" with "uninsured health care expenses;" in subparagraph (h)(3)(A).
(13) Replacing "low income" with "low-income" in subparagraph (i)(2)(B).
(14) Replacing "health-related" with "health related" in the catchline of subparagraph (i)(27)(C).
SECTION
20.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
in:
(1) Code Section 20-3-519.3, relating to HOPE scholarships and grants, eligibility requirements for a HOPE scholarship at a private postsecondary institution, and the scholarship amount, by replacing "at least 3.0 at end of" with "at least 3.0 at the end of" in subparagraph (e)(1)(A) and by replacing "as provided for in paragraph (2)," with "as provided for in paragraph (2) of this subsection," in paragraph (1) of subsection (g).
(2) Code Section 20-14-90, relating to the creation of the Agricultural Education Advisory Commission, membership, powers and duties, and repeal of provisions, by replacing "two year terms" with "two-year terms" in subparagraph (b)(3)(B) and by replacing "report annually to commission" with "report annually to the commission" in paragraph (1) of subsection (d).
(3) Code Section 20-14-91, relating the to the creation of the Career and Technical Education Advisory Commission, membership, reporting and review requirements, meetings, reimbursement of members, and repeal of provisions, by replacing "two year terms" with "two-year terms" in subparagraph (b)(3)(B) and by replacing "report annually to commission" with "report annually to the commission" in paragraph (1) of subsection (d).
(4) Code Section 20-15-4, relating to the corporate purpose and the general nature of the business of the Georgia Medical Center Authority, by replacing "manufacturing facilities, and programs" with "manufacturing facilities and programs" in paragraph (1).
(5) Code Section 20-15-5.3, relating to the Georgia Medical Center Authority and provisions of bond agreements or instruments, use of proceeds, issuance of subsequent bonds, and renewal of validated bonds, by replacing "bonds of the authority shall have validated" with "bonds of the authority shall have been validated" in subsection (d).
(6) Code Section 20-16-3, relating to the creation of the Georgia Higher Education Facilities Authority, appointment of members, terms of office, and officers, by replacing "the Speaker of the House of Representative´s appointee" with "the Speaker of the House of Representatives´ appointee" in subsection (a).
(7) Code Section 20-16-4, relating to the powers of the Georgia Higher Education Facilities Authority, by replacing the period with a semicolon at the end of paragraph (13).
(1) Code Section 20-3-519.3, relating to HOPE scholarships and grants, eligibility requirements for a HOPE scholarship at a private postsecondary institution, and the scholarship amount, by replacing "at least 3.0 at end of" with "at least 3.0 at the end of" in subparagraph (e)(1)(A) and by replacing "as provided for in paragraph (2)," with "as provided for in paragraph (2) of this subsection," in paragraph (1) of subsection (g).
(2) Code Section 20-14-90, relating to the creation of the Agricultural Education Advisory Commission, membership, powers and duties, and repeal of provisions, by replacing "two year terms" with "two-year terms" in subparagraph (b)(3)(B) and by replacing "report annually to commission" with "report annually to the commission" in paragraph (1) of subsection (d).
(3) Code Section 20-14-91, relating the to the creation of the Career and Technical Education Advisory Commission, membership, reporting and review requirements, meetings, reimbursement of members, and repeal of provisions, by replacing "two year terms" with "two-year terms" in subparagraph (b)(3)(B) and by replacing "report annually to commission" with "report annually to the commission" in paragraph (1) of subsection (d).
(4) Code Section 20-15-4, relating to the corporate purpose and the general nature of the business of the Georgia Medical Center Authority, by replacing "manufacturing facilities, and programs" with "manufacturing facilities and programs" in paragraph (1).
(5) Code Section 20-15-5.3, relating to the Georgia Medical Center Authority and provisions of bond agreements or instruments, use of proceeds, issuance of subsequent bonds, and renewal of validated bonds, by replacing "bonds of the authority shall have validated" with "bonds of the authority shall have been validated" in subsection (d).
(6) Code Section 20-16-3, relating to the creation of the Georgia Higher Education Facilities Authority, appointment of members, terms of office, and officers, by replacing "the Speaker of the House of Representative´s appointee" with "the Speaker of the House of Representatives´ appointee" in subsection (a).
(7) Code Section 20-16-4, relating to the powers of the Georgia Higher Education Facilities Authority, by replacing the period with a semicolon at the end of paragraph (13).
SECTION
21.
Reserved.
SECTION
22.
Reserved.
SECTION
23.
Reserved.
SECTION
24.
Reserved.
SECTION
25.
Title
25 of the Official Code of Georgia Annotated, relating to fire protection and
safety, is amended in:
(1) Code Section 25-10-1, relating to definitions regarding the regulation of fireworks, by replacing "model rocket engines, designed, sold, and used" with "model rocket engines designed, sold, and used" in paragraph (1) of subsection (b).
(1) Code Section 25-10-1, relating to definitions regarding the regulation of fireworks, by replacing "model rocket engines, designed, sold, and used" with "model rocket engines designed, sold, and used" in paragraph (1) of subsection (b).
SECTION
26.
Title
26 of the Official Code of Georgia Annotated, relating to food, drugs, and
cosmetics, is amended in:
(1) Code Section 26-4-5, relating to definitions in regard to pharmacists and pharmacies, by adding a comma after "chapter" in the introductory language.
(1) Code Section 26-4-5, relating to definitions in regard to pharmacists and pharmacies, by adding a comma after "chapter" in the introductory language.
SECTION
27.
Title
27 of the Official Code of Georgia Annotated, relating to game and fish, is
amended in:
(1) Code Section 27-2-3, relating to effective periods of hunting, fishing, and trapping licenses generally, by replacing "combination licenses pursuant to" with "combination licenses issued pursuant to".
(2) Code Section 27-3-9, relating to hunting and the unlawful enticement of game, by replacing "that is shall be lawful" with "that it shall be lawful" in subsection (a).
(3) Code Section 27-3-110, relating to shooting preserve license required, effective dates, contents of application, and conditions for issuance, by replacing "trespassing;" with "trespassing; and" at the end of paragraph (2) of subsection (c).
(4) Code Section 27-4-130.1, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, by replacing "Maximum Daily Creel And Possession Limit" with "Maximum Daily Creel and Possession Limit" in the form headings of subsections (b) and (c).
(1) Code Section 27-2-3, relating to effective periods of hunting, fishing, and trapping licenses generally, by replacing "combination licenses pursuant to" with "combination licenses issued pursuant to".
(2) Code Section 27-3-9, relating to hunting and the unlawful enticement of game, by replacing "that is shall be lawful" with "that it shall be lawful" in subsection (a).
(3) Code Section 27-3-110, relating to shooting preserve license required, effective dates, contents of application, and conditions for issuance, by replacing "trespassing;" with "trespassing; and" at the end of paragraph (2) of subsection (c).
(4) Code Section 27-4-130.1, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, by replacing "Maximum Daily Creel And Possession Limit" with "Maximum Daily Creel and Possession Limit" in the form headings of subsections (b) and (c).
SECTION
28.
Reserved.
SECTION
29.
Reserved.
SECTION
30.
Reserved.
SECTION
31.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended
in:
(1) Code Section 31-7-75.3, relating to home health agency services operated by hospitals, by repealing said obsolete Code section in its entirety.
(1) Code Section 31-7-75.3, relating to home health agency services operated by hospitals, by repealing said obsolete Code section in its entirety.
SECTION
32.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, is amended in:
(1) Code Section 32-2-60, relating to the authority of the Department of Transportation to contract, form and content of construction contracts, federal-aid highway contracts, and bonds, by designating the introductory language as paragraph (1); by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E); and by designating the last undesignated paragraph as paragraph (2) in subsection (e).
(2) Code Section 32-6-30, relating to stopping vehicles for purposes of weighing, measuring, or inspecting, reports of violations, and refusal to stop, by replacing "in violation of Code Sections 48-9-39 and 48-11-14" with "in violation of Code Section 48-9-39" in subsection (a).
(1) Code Section 32-2-60, relating to the authority of the Department of Transportation to contract, form and content of construction contracts, federal-aid highway contracts, and bonds, by designating the introductory language as paragraph (1); by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E); and by designating the last undesignated paragraph as paragraph (2) in subsection (e).
(2) Code Section 32-6-30, relating to stopping vehicles for purposes of weighing, measuring, or inspecting, reports of violations, and refusal to stop, by replacing "in violation of Code Sections 48-9-39 and 48-11-14" with "in violation of Code Section 48-9-39" in subsection (a).
SECTION
33.
Title
33 of the Official Code of Georgia Annotated, relating to insurance, is amended
in:
(1) Code Section 33-59A-2, relating to membership on the Interstate Insurance Product Regulation Commission and the Commissioner of Insurance being the state´s representative, by replacing "States" with "states" and by replacing "to the Commission" with "to the commission".
(1) Code Section 33-59A-2, relating to membership on the Interstate Insurance Product Regulation Commission and the Commissioner of Insurance being the state´s representative, by replacing "States" with "states" and by replacing "to the Commission" with "to the commission".
SECTION
34.
Reserved.
SECTION
35.
Reserved.
SECTION
36.
Reserved.
SECTION
37.
Reserved.
SECTION
38.
Title
38 of the Official Code of Georgia Annotated, relating to military, emergency
management, and veterans affairs, is amended
in:
(1) Code Section 38-3-112, relating to emergency management and the development and implementation of a state-wide alert system for disabled adults, by replacing "department" with "Georgia Emergency Management Agency".
(2) Code Section 38-3-113, relating to state-wide alert systems and the director of emergency management to be the state-wide coordinator for the alert system, by replacing "director" with "director of emergency management" in subsections (a) through (c).
(3) Code Section 38-3-115, relating to the criteria for activating the state-wide alert system for missing disabled adults, by replacing "the director" with "the director of emergency management" in the introductory language of subsection (a) and in subsection (b).
(4) Code Section 38-3-116, relating to the verification that criteria have been met for the activation of the state-wide alert system for missing disabled adults, by replacing "the director." with "the director of emergency management.".
(5) Code Section 38-3-117, relating to the state-wide alert system for missing disabled adults and the obligations of agencies participating in the alert system and the participation of the Georgia Lottery Corporation in disseminating alert information through retail establishments, by replacing "the department" with "the Georgia Emergency Management Agency" in paragraph (1) of subsection (a).
(6) Code Section 38-3-118, relating to the state-wide alert system for missing disabled adults and the termination of the alert system with respect to a particular disabled adult, by replacing "The director" with "The director of emergency management" in the introductory language and in paragraph (2).
(7) Code Section 38-3-120, relating to the state-wide alert system for unapprehended murder or rape suspects determined to be serious public threats, by replacing "director" with "director of emergency management" in subsections (b), (d), (e), and (g) and by redesignating said Code section as a new Code Section 38-3-130 under a new Article 8 designation.
(1) Code Section 38-3-112, relating to emergency management and the development and implementation of a state-wide alert system for disabled adults, by replacing "department" with "Georgia Emergency Management Agency".
(2) Code Section 38-3-113, relating to state-wide alert systems and the director of emergency management to be the state-wide coordinator for the alert system, by replacing "director" with "director of emergency management" in subsections (a) through (c).
(3) Code Section 38-3-115, relating to the criteria for activating the state-wide alert system for missing disabled adults, by replacing "the director" with "the director of emergency management" in the introductory language of subsection (a) and in subsection (b).
(4) Code Section 38-3-116, relating to the verification that criteria have been met for the activation of the state-wide alert system for missing disabled adults, by replacing "the director." with "the director of emergency management.".
(5) Code Section 38-3-117, relating to the state-wide alert system for missing disabled adults and the obligations of agencies participating in the alert system and the participation of the Georgia Lottery Corporation in disseminating alert information through retail establishments, by replacing "the department" with "the Georgia Emergency Management Agency" in paragraph (1) of subsection (a).
(6) Code Section 38-3-118, relating to the state-wide alert system for missing disabled adults and the termination of the alert system with respect to a particular disabled adult, by replacing "The director" with "The director of emergency management" in the introductory language and in paragraph (2).
(7) Code Section 38-3-120, relating to the state-wide alert system for unapprehended murder or rape suspects determined to be serious public threats, by replacing "director" with "director of emergency management" in subsections (b), (d), (e), and (g) and by redesignating said Code section as a new Code Section 38-3-130 under a new Article 8 designation.
SECTION
39.
Reserved.
SECTION
40.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended in:
(1) Code Section 40-1-7, relating to the blue light required for officers enforcing traffic and exception, by replacing "and, provided, further that" with "and provided, further, that".
(2) Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by replacing "Ga. L. 1993, p. 1952." with "Article 5 of Chapter 7 of Title 50." in paragraph (4) of subsection (m).
(3) Code Section 40-5-23, relating to classes of drivers´ licenses, by replacing "Instructional permit" with "Instruction permit" in subsection (c).
(4) Code Section 40-5-63, relating to periods of suspension and conditions to return of a driver´s license, by replacing "restoration fee of $210 or $200" with "restoration fee of $210.00 or $200.00" in paragraphs (1) and (2) of subsection (a).
(5) Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial of license, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, by redesignating subparagraphs (g)(2)(A) and (g)(2)(B) as divisions (i) and (ii) of subparagraph (g)(2)(A); by redesignating subparagraph (g)(2)(C) as subparagraph (g)(2)(B); by redesignating subparagraphs (g)(2)(D) and (g)(2)(E) as divisions (i) and (ii) of subparagraph (g)(2)(C); and by redesignating subparagraph (g)(2)(F) as subparagraph (g)(2)(D).
(6) Code Section 40-5-67.2, relating to terms and conditions for suspension of a driver´s license under subsection (c) of Code Section 40-5-67.1, by replacing "restoration fee of $210 or $200" with "restoration fee of $210.00 or $200.00" in paragraphs (1) and (2) of subsection (a).
(7) Code Section 40-5-75, relating to the suspension of a driver´s license by operation of law for certain drug offenses, by replacing "restoration fee of $210 or $200" with "restoration fee of $210.00 or $200.00" in paragraphs (1) and (2) of subsection (a).
(8) Code Section 40-5-151, relating to commercial drivers´ licenses and disqualification from driving and action required after suspending, revoking, or canceling a license or nonresident privileges, by replacing "Hazardous Material Transportation Act" with "Hazardous Materials Transportation Act, 49 U.S.C. app. 1804" in subsection (b).
(9) Code Section 40-6-225, relating to parking places for persons with disabilities for the nonambulatory, by replacing the hyphen with an em dash between "Disabilities" and "nonambulatory", by replacing "only be utilized for" with "be utilized only for", and by replacing "enter or get out of a vehicle" with "enter or exit a vehicle".
(10) Code Section 40-6-351, relating to driver´s license or permit required for certain operators, by replacing "instructional permit," with "instruction permit," and by replacing "instructional permits," with "instruction permits,".
(11) Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for second time, and endangering a child, by striking "and" at the end of subparagraphs (c)(2)(D) and (c)(3)(D).
(1) Code Section 40-1-7, relating to the blue light required for officers enforcing traffic and exception, by replacing "and, provided, further that" with "and provided, further, that".
(2) Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by replacing "Ga. L. 1993, p. 1952." with "Article 5 of Chapter 7 of Title 50." in paragraph (4) of subsection (m).
(3) Code Section 40-5-23, relating to classes of drivers´ licenses, by replacing "Instructional permit" with "Instruction permit" in subsection (c).
(4) Code Section 40-5-63, relating to periods of suspension and conditions to return of a driver´s license, by replacing "restoration fee of $210 or $200" with "restoration fee of $210.00 or $200.00" in paragraphs (1) and (2) of subsection (a).
(5) Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial of license, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, by redesignating subparagraphs (g)(2)(A) and (g)(2)(B) as divisions (i) and (ii) of subparagraph (g)(2)(A); by redesignating subparagraph (g)(2)(C) as subparagraph (g)(2)(B); by redesignating subparagraphs (g)(2)(D) and (g)(2)(E) as divisions (i) and (ii) of subparagraph (g)(2)(C); and by redesignating subparagraph (g)(2)(F) as subparagraph (g)(2)(D).
(6) Code Section 40-5-67.2, relating to terms and conditions for suspension of a driver´s license under subsection (c) of Code Section 40-5-67.1, by replacing "restoration fee of $210 or $200" with "restoration fee of $210.00 or $200.00" in paragraphs (1) and (2) of subsection (a).
(7) Code Section 40-5-75, relating to the suspension of a driver´s license by operation of law for certain drug offenses, by replacing "restoration fee of $210 or $200" with "restoration fee of $210.00 or $200.00" in paragraphs (1) and (2) of subsection (a).
(8) Code Section 40-5-151, relating to commercial drivers´ licenses and disqualification from driving and action required after suspending, revoking, or canceling a license or nonresident privileges, by replacing "Hazardous Material Transportation Act" with "Hazardous Materials Transportation Act, 49 U.S.C. app. 1804" in subsection (b).
(9) Code Section 40-6-225, relating to parking places for persons with disabilities for the nonambulatory, by replacing the hyphen with an em dash between "Disabilities" and "nonambulatory", by replacing "only be utilized for" with "be utilized only for", and by replacing "enter or get out of a vehicle" with "enter or exit a vehicle".
(10) Code Section 40-6-351, relating to driver´s license or permit required for certain operators, by replacing "instructional permit," with "instruction permit," and by replacing "instructional permits," with "instruction permits,".
(11) Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for second time, and endangering a child, by striking "and" at the end of subparagraphs (c)(2)(D) and (c)(3)(D).
SECTION
41.
Reserved.
SECTION
42.
Reserved.
SECTION
43.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended in:
(1) Code Section 43-34-26.3, relating to the delegation of certain medical acts to an advanced practice registered nurse, construction and limitations of such delegation, definitions, conditions of nurse protocol, and issuance of prescription drug orders, by replacing the period with a semicolon at the end of paragraph (3) of subsection (c).
(2) Code Section 43-34-64, relating to acupuncture licensure requirements, by replacing "Except as otherwise provided in subsection (b) of this Code section, each" with "Each" at the beginning of the introductory language of subsection (a).
(1) Code Section 43-34-26.3, relating to the delegation of certain medical acts to an advanced practice registered nurse, construction and limitations of such delegation, definitions, conditions of nurse protocol, and issuance of prescription drug orders, by replacing the period with a semicolon at the end of paragraph (3) of subsection (c).
(2) Code Section 43-34-64, relating to acupuncture licensure requirements, by replacing "Except as otherwise provided in subsection (b) of this Code section, each" with "Each" at the beginning of the introductory language of subsection (a).
SECTION
44.
Title
44 of the Official Code of Georgia Annotated, relating to property, is amended
in:
(1) Code Section 44-2-30, relating to property and the filing and recording of a notice of settlement, by replacing "hearby" with "hereby" in the form in subsection (d).
(1) Code Section 44-2-30, relating to property and the filing and recording of a notice of settlement, by replacing "hearby" with "hereby" in the form in subsection (d).
SECTION
45.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended in:
(1) Code Section 45-7-21, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, by revising paragraphs (16.1) and (17) of subsection (a) as follows:
(1) Code Section 45-7-21, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, by revising paragraphs (16.1) and (17) of subsection (a) as follows:
"(16.1)(17)
State Board of Technical and Adult Education;
and
(17)(18)
Civil War Commission; and
(19)
The delegation from the State of Georgia to the Southern Dairy Compact
Commission."
SECTION
46.
Reserved.
SECTION
47.
Reserved.
SECTION
48.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended in:
(1) Code Section 48-5-40, relating to tax exemptions definitions, by replacing "occupied by himself" with "occupied by himself or herself" in division (1)(A)(iii) and by replacing "Who is a resident" with "A resident" in subsection (B) of paragraph (1).
(1) Code Section 48-5-40, relating to tax exemptions definitions, by replacing "occupied by himself" with "occupied by himself or herself" in division (1)(A)(iii) and by replacing "Who is a resident" with "A resident" in subsection (B) of paragraph (1).
(2)
Code Section 48-5-126.1, relating to training classes for county tax collectors
and tax commissioners, by reenacting subsection (h) as it existed immediately
prior to July 1, 2005, which subsection the publisher thereafter inadvertently
omitted from supplements to Volume 36 of the Official Code of Georgia Annotated,
to read as follows:
"(h) Any county tax collector or tax commissioner who, without good cause such as sickness or other emergency, fails to comply with the training requirements of this Code section may be subject to removal from office by the Governor.".
"(h) Any county tax collector or tax commissioner who, without good cause such as sickness or other emergency, fails to comply with the training requirements of this Code section may be subject to removal from office by the Governor.".
(3)
Code Section 48-7-29.11, relating to income tax credits for teleworking,
definitions, and powers and duties, by replacing "$2,000,000.00" with "Two
million dollars" at the beginning of subparagraphs (e)(2)(A) and (e)(2)(B) and
by replacing "Department" with "department", by replacing "the employer
(applicant)" with "the employer", by replacing "their tax liability" with "its
tax liability", and by replacing "expenses are incurred." with "expenses were
incurred." in paragraph (3) of subsection
(e).
(4) Code Section 48-8-3, relating to state sales and use tax and exemptions, by replacing "fund-raising" with "fundraising" in divisions (15)(B)(i) and (ii) and (41)(B)(i) and (ii) and subparagraphs (B) and (C) of paragraph (59) and by replacing the period with a semicolon at the end of subparagraph (C) of paragraph (58).
(5) Code Section 48-13-51, relating the excise tax on rooms, lodgings, and accommodations and county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, by replacing "under paragraphs (2.1), (3), (2.2), (3.1)," with "under paragraphs (2.1), (2.2), (3), (3.1)," in the last sentence of paragraph (2) of subsection (a).
(4) Code Section 48-8-3, relating to state sales and use tax and exemptions, by replacing "fund-raising" with "fundraising" in divisions (15)(B)(i) and (ii) and (41)(B)(i) and (ii) and subparagraphs (B) and (C) of paragraph (59) and by replacing the period with a semicolon at the end of subparagraph (C) of paragraph (58).
(5) Code Section 48-13-51, relating the excise tax on rooms, lodgings, and accommodations and county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, by replacing "under paragraphs (2.1), (3), (2.2), (3.1)," with "under paragraphs (2.1), (2.2), (3), (3.1)," in the last sentence of paragraph (2) of subsection (a).
SECTION
49.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended in:
(1) Code Section 49-4-142.1, relating to legislative notification of request for waiver regarding medicare and Medicaid services, by replacing "On and after May 5, 2006," with "On and after May 3, 2006," in the first sentence.
(2) Code Section 49-4-146.1, relating to medical assistance and unlawful acts, violations and penalties, recovery of excess amounts, termination and reinstatement of providers, and the duty of the Department of Community Health to identify and investigate violations and to notify proper authorities, by replacing "he or she is entitled, or knowingly and willfully" with "he or she is entitled or knowingly and willfully" in paragraph (2) of subsection (b).
(1) Code Section 49-4-142.1, relating to legislative notification of request for waiver regarding medicare and Medicaid services, by replacing "On and after May 5, 2006," with "On and after May 3, 2006," in the first sentence.
(2) Code Section 49-4-146.1, relating to medical assistance and unlawful acts, violations and penalties, recovery of excess amounts, termination and reinstatement of providers, and the duty of the Department of Community Health to identify and investigate violations and to notify proper authorities, by replacing "he or she is entitled, or knowingly and willfully" with "he or she is entitled or knowingly and willfully" in paragraph (2) of subsection (b).
SECTION
50.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended in:
(1) Code Section 50-3-12, relating to state flags to honor the service of deceased qualifying elected state officials, by replacing "purposes set forth in the Code section." with "purposes set forth in this Code section." in subsection (c).
(2) Code Section 50-3-13, relating to state flags to honor the service of deceased qualifying public safety officers, by replacing "purposes set forth in the Code section." with "purposes set forth in this Code section." in subsection (d).
(3) Code Section 50-5-141, relating to the authorization and duty of the Department of Administrative Services to dispose of surplus property and the authorization for transfer, sale, trade, or destruction and prohibition of certain employee purchases, by replacing "proceeds from the sell of the surplus property," with "proceeds from the sale of the surplus property," in paragraph (5) of subsection (a).
(4) Code Section 50-12-131, relating to the Georgia Commission on the Holocaust and membership, terms, qualifications, officers, quorum, and powers and duties, by replacing "ex-officio" with "ex officio" in subsection (f).
(1) Code Section 50-3-12, relating to state flags to honor the service of deceased qualifying elected state officials, by replacing "purposes set forth in the Code section." with "purposes set forth in this Code section." in subsection (c).
(2) Code Section 50-3-13, relating to state flags to honor the service of deceased qualifying public safety officers, by replacing "purposes set forth in the Code section." with "purposes set forth in this Code section." in subsection (d).
(3) Code Section 50-5-141, relating to the authorization and duty of the Department of Administrative Services to dispose of surplus property and the authorization for transfer, sale, trade, or destruction and prohibition of certain employee purchases, by replacing "proceeds from the sell of the surplus property," with "proceeds from the sale of the surplus property," in paragraph (5) of subsection (a).
(4) Code Section 50-12-131, relating to the Georgia Commission on the Holocaust and membership, terms, qualifications, officers, quorum, and powers and duties, by replacing "ex-officio" with "ex officio" in subsection (f).
SECTION
51.
Title
51 of the Official Code of Georgia Annotated, relating to torts, is amended
in:
(1) Code Section 51-1-29.1, relating to torts and liability of voluntary health care providers, by revising said Code section as follows:
(1) Code Section 51-1-29.1, relating to torts and liability of voluntary health care providers, by revising said Code section as follows:
"51-1-29.1.
(a)
Without waiving or affecting and cumulative of any existing immunity from any
source, unless it is established that injuries or death were caused by gross
negligence or willful or wanton misconduct:
(1)
No health care provider licensed under Chapter 9, 11, 26, 30, 33, or 34 of Title
43 who voluntarily and without the expectation or receipt of compensation
provides professional services, within the scope of such health care
provider´s licensure, for and at the request of a hospital, public school,
nonprofit organization, or an agency of the state or one of its political
subdivisions or provides such professional services to a person at the request
of such an organization, which organization does not expect or receive
compensation with respect to such services from the recipient of such
services.
Nothing in this Code section shall be construed to change the scope of practice
of any health care provider granted immunity in this Code
section; or
(2)
No licensed hospital, public school, or nonprofit organization which requests,
sponsors, or participates in the providing of the services under the
circumstances provided in paragraph (1) of this subsection
shall
be liable for damages or injuries alleged to have been sustained by the person
nor for damages for the injury or death of the person when the injuries or death
are alleged to have occurred by reason of an act or omission in the rendering of
such services.
(b)
Nothing in this Code section shall be construed to change the scope of practice
of any health care provider granted immunity in this Code section.
(b)(c)
This Code section shall apply only to causes of action arising on or after July
1, 1987."
SECTION
52.
Reserved.
SECTION
53.
Reserved.
SECTION
54.
Except
for Title 47, the text of Code sections and title, chapter, article, part,
subpart, Code section, subsection, paragraph, subparagraph, division, and
subdivision numbers and designations as contained in the Official Code of
Georgia Annotated published under authority of the state by The Michie Company
in 1982 and contained in Volumes 3 through 40 of such publication or replacement
volumes thereto, as amended by the text and numbering of Code sections as
contained in the 2006 supplements to the Official Code of Georgia Annotated
published under authority of the state in 2006 by LEXIS Publishing, are
reenacted and shall have the effect of statutes enacted by the General Assembly
of Georgia. Annotations; editorial notes; Code Revision Commission notes;
research references; notes on law review articles; opinions of the Attorney
General of Georgia; indexes; analyses; title, chapter, article, part, and
subpart captions or headings, except as otherwise provided in the Code;
catchlines of Code sections or portions thereof, except as otherwise provided in
the Code; and rules and regulations of state agencies, departments, boards,
commissions, or other entities which are contained in the Official Code of
Georgia Annotated are not enacted as statutes by the provisions of this Act.
Material which has been added in brackets or parentheses and editorial, delayed
effective date, effect of amendment, or other similar notes within the text of a
Code section by the editorial staff of the publisher in order to explain or to
prevent a misapprehension concerning the contents of the Code section and which
is explained in an editorial note is not enacted by the provisions of this
section and shall not be considered a part of the Official Code of Georgia
Annotated. The reenactment of the statutory portion of the Official Code of
Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of
the General Assembly, or portion thereof, which is not contained in the Official
Code of Georgia Annotated and which was not repealed by Code Section 1-1-10,
specifically including those Acts which have not yet been included in the text
of the Official Code of Georgia Annotated because of effective dates which
extend beyond the effective date of the Code or the publication date of the Code
or its supplements. The provisions contained in other sections of this Act and
in the other Acts enacted at the 2007 regular session of the General Assembly of
Georgia shall supersede the provisions of the Official Code of Georgia Annotated
reenacted by this section.
SECTION
55.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval; except that the amendment to Code Section
48-7-29.11 made by paragraph (3) of Section 48 of this Act shall become
effective on July 1, 2007.
SECTION
56.
All
laws and parts of laws in conflict with this Act are repealed.