Code Revision Commission et al v. Public.Resource.Org, Inc.

Filing 29

MOTION for Summary Judgment with Brief In Support by Public.Resource.Org, Inc., Public.Resource.Org, Inc., Public.Resource.Org, Inc.. (Attachments: #1 Statement of Material Facts, #2 Brief Memorandum of Law In Support, #3 Exhibit Ex. A, #4 Exhibit Ex. B, #5 Exhibit Ex. C, #6 Exhibit Ex. D, #7 Exhibit Ex. E, #8 Exhibit Ex. F, #9 Exhibit Ex. G, #10 Exhibit Ex. H, #11 Exhibit Ex. I, #12 Exhibit Ex. J, #13 Exhibit Ex. K, #14 Exhibit Ex. L, #15 Exhibit Ex. M, #16 Exhibit Ex. N, #17 Exhibit Ex. O)(Parker, Sarah) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--

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EXHIBIT M

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SB 340/AP

Senate Bill 340
By: Senators Stone of the 23rd and Hufstetler of the 52nd

AS PASSED

A BILL TO BE ENTITLED
AN ACT

1

To amend the Official Code of Georgia Annotated, so as to revise, modernize, correct errors

2

or omissions in, and reenact the statutory portion of said Code, as amended, in furtherance

3

of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in

4

amendment thereof, which have become obsolete, have been declared to be unconstitutional,

5

or have been preempted or superseded by subsequent laws; to provide for other matters

6

relating to revision, reenactment, and publication of said Code; to provide for effect in event

7

of conflicts; to provide for effective dates; to repeal conflicting laws; and for other purposes.

8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

9

SECTION 1.

10

Reserved.

11

SECTION 2.

12

Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in:

13

(1) Code Section 2-8-90, relating to definitions regarding the Agricultural Commodity

14

Commission for Georgia Grown Products, by redesignating current paragraphs (5) and (6)

15

as new paragraphs (6) and (5), respectively, and reordering such paragraphs so as to put

16

definitions in alphabetical order.

17

(2) Code Section 2-8-93, relating to the composition and membership of the Agricultural

18

Commodity Commission for Georgia Grown Products, in paragraph (4) of subsection (a), by

19

replacing "House of Representatives Committee on Agriculture and Consumer Affairs" with

20

"House Committee on Agriculture and Consumer Affairs" and in subsections (b) and (c) and

21

paragraph (3) of subsection (d), by replacing "appointive" with "appointed".

22

(3) Code Section 2-8-98, relating to the recommendation of promulgation of a marketing

23

order by the Agricultural Commodity Commission for Georgia Grown Products, in

24

paragraph (1), by replacing "name; provided" with "name; and provided".

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(4) Code Section 2-8-99, relating to amendments to marketing orders, notice, rules and

26

regulations, and termination of orders by the Agricultural Commodity Commission for

27

Georgia Grown Products, in paragraph (1) of subsection (a), by replacing "appointive" with

28

"appointed".

29
30

SECTION 3.
Reserved.

31
32

SECTION 4.
Reserved.

33
34

SECTION 5.
Reserved.

35
36

SECTION 6.
Reserved.

37
38

SECTION 7.
Reserved.

39

SECTION 8.

40

Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is

41

amended in:

42

(1) Code Section 8-2-144, relating to reporting and accounting for fees by the Commissioner

43

of Insurance, by replacing "Senate Budget Office" with "Senate Budget and Evaluation

44

Office" and "House Budget Office" with "House Budget and Research Office".

45
46

SECTION 9.
Reserved.

47

SECTION 10.

48

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is

49

amended in:

50

(1) Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions

51

unlawful and examples, in subparagraph (b)(16)(N), by replacing "Chapter 17 of Title 48"

52

with "Article 3 of Chapter 27 of Title 50".

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SECTION 11.

Reserved.

55

SECTION 12.

56

Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural

57

resources, is amended in:

58

(1) Code Section 12-3-50, relating to the powers and duties of the Department of Natural

59

Resources as to historic preservation and promotion, by designating the introductory text as

60

subsection (a) and by redesignating paragraph (7) as subsection (b).

61
62

SECTION 13.
Reserved.

63
64

SECTION 14.
Reserved.

65

SECTION 15.

66

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in:

67

(1) Code Section 15-1-16, relating to mental health court divisions, after paragraph (3) of

68

subsection (a), by inserting a paragraph (4) designation preceding the subparagraph (A)

69

designation.

70

(2) Code Section 15-3-4, relating to the election and term of office of Judges of the Court

71

of Appeals, in the introductory text, by replacing "state election to be held on Tuesday after

72

the first Monday in November of the even-numbered years" with "primary in each

73

even-numbered year".

74

(3) Code Section 15-6-77.4, relating to an additional divorce case filing fee for the

75

Children's Trust Fund, in subsection (a), by replacing "House Budget Office" with "House

76

Budget and Research Office" and "Senate Budget Office" with "Senate Budget and

77

Evaluation Office".

78

(4) Code Section 15-9-60.1, relating to an additional marriage license fee for the Children's

79

Trust Fund, by replacing "House Budget Office" with "House Budget and Research Office"

80

and "Senate Budget Office" with "Senate Budget and Evaluation Office".

81

(5) Code Section 15-11-282, relating to the service of a summons in regard to the

82

termination of parental rights, at the end of subsection (c), by replacing "request" with

83

"requested".

84

(6) Code Section 15-18-12, relating to travel expenses, provision of county vehicle, and

85

budget request for state funds regarding district attorneys, in paragraph (3) of subsection (e),
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by replacing "House Budget Office" with "House Budget and Research Office" and "Senate

87

Budget Office" with "Senate Budget and Evaluation Office".

88

(7) Code Section 15-21-74, relating to the assessment and collection of penalties, transfer

89

of payments to Georgia Superior Court Clerks' Cooperative Authority, and quarterly

90

accounting regarding peace officer, prosecutor, and indigent defense funding, by replacing

91

"House Budget Office" with "House Budget and Research Office" and "Senate Budget

92

Office" with "Senate Budget and Evaluation Office".

93

(8) Code Section 15-21-113, relating to the assessment and collection of penalty, payment

94

to the Georgia Superior Court Clerks' Cooperative Authority, and quarterly reports and

95

accounting regarding compensation to victims of violators of driving under the influence

96

statute, by replacing "House Budget Office" with "House Budget and Research Office" and

97

"Senate Budget Office" with "Senate Budget and Evaluation Office".

98

(9) Code Section 15-21A-6.1, relating to the judicial operations fund fee and collection and

99

reporting procedure, in subsection (c), by replacing "House Budget Office" with "House

100

Budget and Research Office" and "Senate Budget Office" with "Senate Budget and

101

Evaluation Office".

102

(10) Code Section 15-21A-6.2, relating to the exemption from judicial operations fund fee

103

and collection and reporting procedures, in subsection (c), by replacing "House Budget

104

Office" with "House Budget and Research Office" and "Senate Budget Office" with "Senate

105

Budget and Evaluation Office".

106

(11) Code Section 15-21A-7, relating to judicial rules, regulations, reporting, and accounting

107

by the Georgia Superior Court Clerks' Cooperative Authority, in subsection (c), by replacing

108

"House Budget Office" with "House Budget and Research Office" and "Senate Budget

109

Office" with "Senate Budget and Evaluation Office".

110

SECTION 16.

111

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is

112

amended in:

113

(1) Code Section 16-13-21, relating to definitions regarding schedules, offenses, and

114

penalties in the regulation of controlled substances, by redesignating and reordering current

115

paragraph (29) as new paragraph (17.1), so as to put definitions in alphabetical order.

116

(2) Code Section 16-13-71, relating to the definitions of dangerous drugs, by redesignating

117

current paragraphs (77.5) and (78) as new paragraphs (78) and (77.5), respectively, and

118

reordering such paragraphs so as to put definitions in alphabetical order.

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SECTION 17.

120

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is

121

amended in:

122

(1) Code Section 17-5-22, relating to the issuance of search warrants by judicial officers

123

generally and maintenance of docket record of warrants issued, in the last sentence, by

124

inserting "that" after "however," and by inserting a comma after "him".

125

(2) Code Section 17-5-32, relating to search and seizure of documentary evidence in the

126

possession of an attorney and exclusion of illegally obtained evidence, in subsection (d), by

127

replacing "case in chief" with "case-in-chief".

128

(3) Code Section 17-10-6.1, relating to punishment for serious violent offenders and

129

authorization for reduction in mandatory minimum sentencing, in paragraph (4) of

130

subsection (c), by replacing "however, during" with "however, that during".

131

(4) Code Section 17-12-7, relating to the Georgia Public Defender Standards Council

132

councilmembers, responsibilities, voting, removal, quorum, meetings, officers, and expenses,

133

in subsection (c), by replacing "council members" with "councilmembers".

134

(5) Code Section 17-15-8, relating to victim compensation and required findings, amount

135

of award, rejection of claim, reductions, exemption from garnishment and execution,

136

exemption from treatment as ordinary income, effective date for awards, psychological

137

counseling for relatives of deceased, and memorials for victims of DUI homicide, in

138

paragraph (1) of subsection (c), by replacing "with respect" with "that with respect" each

139

time the term appears.

140

(6) Code Section 17-17-7, relating to the notification to a victim of an accused's arrest and

141

proceedings where the accused's release is considered and the victim's right to express an

142

opinion in pending proceedings and to file a written complaint in the event of release, in

143

subsection (e), by designating the introductory text as paragraph (1) and by redesignating

144

current paragraphs (1) and (2) as new paragraphs (2) and (3), respectively.

145

(7) Code Section 17-17-9, relating to the exclusion of a testifying victim from criminal

146

proceedings and separate victims' waiting areas, in subsection (b), by replacing "Code

147

Section 24-6-616" with "Code Section 24-6-615".

148

(8) Code Section 17-17-14, relating to a victim being required to provide a current address

149

and phone number to notifying parties, in paragraph (2) of subsection (a), by deleting "and"

150

after the semicolon at the end.

151
152

SECTION 18.
Reserved.

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SECTION 19.

154

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is

155

amended in:

156

(1) Code Section 19-11-30.2, relating to definitions and information from financial

157

institutions regarding the "Child Support Recovery Act," in paragraph (3) of subsection (a),

158

by deleting "listed in paragraph (3) of this subsection".

159

(2) Code Section 19-11-32, relating to the process to collect delinquent support accounts and

160

limitation regarding child support recovery actions, in subsection (c), by replacing

161

"paragraph (3)" with "paragraph (2)".

162

SECTION 20.

163

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in:

164

(1) Code Section 20-1A-30, relating to definitions regarding background checks in the

165

Department of Early Care and Learning, in subparagraph (C) of paragraph (3), by deleting

166

", relating to battery,".

167

(2) Code Section 20-2-54, which is repealed, by designating said Code section as reserved.

168

(3) Code Section 20-2-102, which is repealed, by designating said Code section as reserved.

169

(4) Code Section 20-2-105, which is repealed, by designating said Code section as reserved.

170

(5) Code Section 20-2-106, which is repealed, by designating said Code section as reserved.

171

(6) Code Section 20-2-107, which is repealed, by designating said Code section as reserved.

172

(7) Code Section 20-2-320, relating to the Education Information Steering Committee,

173

identification of data to implement the Quality Basic Education Program, and the state-wide

174

comprehensive educational information network, in subsection (c), by replacing "Senate

175

Budget Office" with "Senate Budget and Evaluation Office", "House Budget Office" with

176

"House Budget and Research Office", and "House and Senate Appropriations, Education,

177

Education and Youth, and Higher Education committees" with "House and Senate

178

Appropriation Committees, the House Committee on Education, the Senate Education and

179

Youth Committee, the House Committee on Higher Education, and the Senate Higher

180

Education Committee".

181

(8) Article 13 of Chapter 2 of Title 20, which is repealed, by designating said article as

182

reserved.

183

(9) Article 24 of Chapter 2 of Title 20, which is repealed, by designating said article as

184

reserved.

185

(10)

186

paragraph (3.1), by replacing "Code Section 20-2-2063.1" with "Code Section 20-2-2063.2".

Code Section 20-2-2062, relating to definitions regarding charter schools, in

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(11)

188

responsibility, state-wide assessments, exception, and compliance, in paragraph (3) of

189

subsection (a), by deleting "(IEP)" after "Individualized Education Program".

190

(12) Code Section 20-3-45.1, relating to the powers and duties of the Georgia Historical

191

Records Advisory Council, in paragraph (10), by replacing "this part" with "this article".

192

(13) Code Section 20-3-133, relating to payments from the Board of Regents of the

193

University System of Georgia to local operating authorities, local support from fees and

194

taxes, and audits, by replacing "Senate Budget Office" with "Senate Budget and Evaluation

195

Office" and "House Budget Office" with "House Budget and Research Office".

196

(14) Code Section 20-14-26.1, relating to the authority to incorporate nonprofit corporation

197

as public foundation, requirements, Public Education Innovation Fund Foundation, and

198

reporting regarding the Office of Student Achievement, in subsection (a), by replacing

199

"department" with "office".

Code Section 20-2-2114, relating to qualifications for scholarship, financial

200

SECTION 21.

201

Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in:

202

(1) Code Section 21-4-3, relating to definitions regarding the recall of public officers, in

203

paragraph (10), by deleting "as defined in paragraph (4) of this Code section" and by

204

redesignating and reordering said current paragraph (10) as new paragraph (3.1), so as to put

205

definitions in alphabetical order.

206
207

SECTION 22.
Reserved.

208

SECTION 23.

209

Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended in:

210

(1) Code Section 23-3-125, relating to civil investigative demands under taxpayer protection

211

against false claims, in subsection (k), by inserting a paragraph (3) designation preceding the

212

subparagraph (A) designation following subparagraph (k)(2)(B).

213
214

SECTION 24.
Reserved.

215

SECTION 25.

216

Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is

217

amended in:

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(1) Code Section 25-9-13, relating to penalties for violations of the chapter, bonds,

219

enforcement, advisory committee, dispose of settlement recommendations regarding blasting

220

or excavating near utility facilities, in subparagraph (h)(2)(A), by deleting the subsection (h)

221

designation preceding the subparagraph (2)(A) designation.

222
223

SECTION 26.
Reserved.

224
225

SECTION 27.
Reserved.

226

SECTION 28.

227

Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is

228

amended in:

229

(1) Code Section 28-5-6, relating to the powers, duties, and responsibilities of the Senate

230

Budget Office and the House Budget Office, by replacing "Senate Budget Office" with

231

"Senate Budget and Evaluation Office" and "House Budget Office" with "House Budget and

232

Research Office" each time those terms appear throughout said Code section and in

233

subsection (c) by replacing "House Appropriations Committee" with "House Committee on

234

Appropriations", "House Budget and Fiscal Affairs Oversight Committee" with "House

235

Committee on Budget and Fiscal Affairs Oversight", and "Speaker of the House" with

236

"Speaker of the House of Representatives".

237

(2) Code Section 28-5-42, relating to the introduction of bills having significant impact upon

238

anticipated revenues or expenditures and furnishing of fiscal notes by the General Assembly,

239

in paragraph (1) of subsection (c), by replacing "Senate Budget Office" with "Senate Budget

240

and Evaluation Office" and "House Budget Office" with "House Budget and Research

241

Office".

242

(3) Code Section 28-9-5, relating to the publication of the Official Code of Georgia

243

Annotated, the authority to make corrections and editorial changes, the authority to introduce

244

legislation, and the effect of corrections and changes, by:

245

(A) Redesignating current subsection (c) as new undesignated text at the end of

246

subsection (a) and by replacing "subsection (a) of this Code section" with "this

247

subsection" and "subsection (b)" with "subsection (c)" in said undesignated text;

248

(B) Redesignating current subsection (b) as new subsection (c);

249

(C) Codifying subsection (d) of Section 54 of an Act to amend the Official Code of

250

Georgia Annotated, so as to revise, modernize, and correct errors or omissions in said

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Code in furtherance of the work of the Code Revision Commission, approved April 24,

252

2013 (Ga. L. 2013, p. 141), as new subsection (b) to read as follows:

253

"(b) For purposes of publishing volumes, replacement volumes, and supplements to the

254

Official Code of Georgia Annotated pursuant to this chapter: legislation enacted at the

255

same session of the General Assembly and amending the same statutory provision shall be

256

considered in pari materia, and full effect shall be given to each if that is possible; Acts

257

enacted during the same session shall be treated as conflicting with each other only to the

258

extent that they cannot be given effect simultaneously; in the event of such a conflict, the

259

latest enactment, as determined by the order in which bills became law with or without the

260

approval of the Governor, shall control to the extent of the conflict unless the latest

261

enactment contains a provision expressly ceding control in such an event; and language

262

carried forward unchanged in one amendatory Act shall not be read as conflicting with

263

changed language contained in another Act passed during the same session."; and

264

(D) Adding to the end of new subsection (c) the following:

265

"Except as otherwise provided by law, such reenactment of the Official Code of Georgia

266

Annotated shall have the effect of adopting and giving force and effect of law to all the

267

statutory text and numbering as contained in such volumes, pocket parts, and supplements,

268

including but not limited to provisions as published therein in accordance with subsections

269

(a) and (b) of this Code section."

270

SECTION 29.

271

Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is

272

amended in:

273

(1) Code Section 29-5-32, relating to the investment of estate funds by a conservator, in

274

paragraph (12), by repealing and reserving said paragraph, which refers to an obsolete entity.

275

SECTION 30.

276

Reserved.

277

SECTION 31.

278

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in:

279

(1) Code Section 31-8-179.2, relating to the Department of Community Health authorized

280

to assess one or more provider payments on hospitals for the purpose of obtaining federal

281

financial participation for Medicaid, in the introductory text of subsection (a), by replacing

282

"42 CFR 433.68" with "42 C.F.R. 433.68" and in paragraph (2) of subsection (a), by inserting

283

a comma after "2012".

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(2) Article 10 of Chapter 8, relating to the Georgia Alzheimer's and Related Dementias State

285

Plan Task Force, which task force stands abolished on March 31, 2014, is hereby repealed.

286

SECTION 32.

287

Reserved.

288

SECTION 33.

289

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in:

290

(1) Code Section 33-13-3.1, relating to the acquisition of insurer and effect on competition

291

regarding insurance holding company systems, in subsection (f), by replacing "Paragraphs"

292

with "Subsections".

293

(2) Code Section 33-23-12, relating to limited licenses regarding insurance agents, agencies,

294

subagents, counselors, and adjusters, in subsection (a), by replacing "this Code Section" with

295

"this Code section".

296

(3) Code Section 33-24-21.1, relating to group accident and sickness insurance contracts,

297

conversion privilege and continuation right provisions, and impact of federal legislation, in

298

subsection (n), by designating the introductory text as paragraph (1) and by redesignating

299

current paragraphs (1) and (2) as new paragraphs (2) and (3), respectively.

300

(4) Code Section 33-29-22, relating to notice of individual accident and sickness insurance

301

policy premium increase and notification of impact of the Patient Protection and Affordable

302

Care Act, in subsection (b), by replacing "paragraph" with "subsection".

303

(5) Code Section 33-29A-9, relating to the discontinuance of state assignment of health care

304

policies under the Georgia Health Insurance Assignment System and the Georgia Health

305

Benefits Assignment System, by designating the introductory text as subsection (a), by

306

redesignating paragraph (1) as subsection (b), and in paragraph (2), by replacing "paragraph"

307

with "subsection" and by redesignating said paragraph as subsection (c).

308

(6) Code Section 33-30-13, relating to notices of group or blanket accident and sickness

309

insurance premium increases to be mailed or delivered to group policyholder and notification

310

of impact of federal Patient Protection and Affordable Care Act, in subsection (b), by

311

replacing "paragraph" with "subsection".

312

SECTION 34.

313

Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,

314

is amended in:

315

(1) Code Section 34-14-20, relating to definitions regarding local workforce and the Georgia

316

Workforce Investment Board, in division (5)(A)(i), by replacing "Army, Navy, Air Force,

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Coast Guard, or Marine Corps of the United States" with "United States army, navy, air

318

force, coast guard, or marine corps".

319

(2) Code Section 34-14-28, relating to the definition of supportive services and the payment

320

cap as established by the Georgia Workforce Investment Board, in subsection (a), by

321

replacing "needs-related" with "needs related".

322

SECTION 35.

323

Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and

324

agencies, is amended in:

325

(1) Code Section 35-2-41.1, relating to the donation or conveyance of property, equipment,

326

or services to the Department of Public Safety and procedure, in subsection (a), by replacing

327

"Senate Budget Office" with "Senate Budget and Evaluation Office" and "House Budget

328

Office" with "House Budget and Research Office".

329

SECTION 36.

330

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended

331

in:

332

(1) Code Section 36-80-21, relating to definitions and electronic transmission of budgets

333

regarding general provisions applicable to counties, municipal corporations, and other

334

governmental entities, in subparagraph (a)(2)(B), by replacing "paragraph (3) of subsection

335

(a) of Code Section 20-2-167" with "Code Section 20-2-67".

336
337

SECTION 37.
Reserved.

338
339

SECTION 38.
Reserved.

340
341

SECTION 39.
Reserved.

342

SECTION 40.

343

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is

344

amended in:

345

(1) Code Section 40-1-161, relating to the revocation, alteration, or amendment of a

346

limousine certificate, by inserting a comma between "Act" and the quotation mark.

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(2) Code Section 40-2-152, relating to fees for apportionable vehicles and restricted license

348

plates for vehicles, in subsection (d), by inserting a comma after "plates".

349

(3) Code Section 40-8-91, relating to marking and equipment of law enforcement vehicles

350

and motorist allowed to continue to safe location before stopping for law enforcement officer

351

vehicles, in subsection (b), by deleting the undesignated paragraph at the end of such

352

subsection as such paragraph was automatically repealed on June 30, 2013.

353
354

SECTION 41.
Reserved.

355

SECTION 42.

356

Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended

357

in:

358

(1) Code Section 42-8-1, relating to the creation, composition, selection of members, and

359

terms of office regarding the Advisory Council for Probation, by replacing "council

360

members" with "councilmembers".

361

SECTION 43.

362

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,

363

is amended in:

364

(1) Code Section 43-11-1, relating to definitions relative to general provisions regarding

365

dentists, dental hygienists, and dental assistants, in paragraph (8), by replacing "state board"

366

with "board".

367

(2) Code Section 43-14-6, relating to the powers and duties of the divisions of electrical

368

contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility

369

contractors, at the beginning of paragraph (1) of subsection (d), by replacing "With respect

370

to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air

371

Contractors shall be authorized to require persons seeking renewal of licenses" with "The

372

Division of Conditioned Air Contractors shall be authorized to require persons seeking

373

renewal of Conditioned Air Contractor Class I and Class II licenses"; at the beginning of

374

paragraph (1) of subsection (e), by replacing "With respect to Electrical Contractor Class I

375

and Class II licenses, the Division of Electrical Contractors shall be authorized to require

376

persons seeking renewal of licenses" with "The Division of Electrical Contractors shall be

377

authorized to require persons seeking renewal of Electrical Contractor Class I and Class II

378

licenses"; at the beginning of paragraph (1) of subsection (f), by replacing "With respect to

379

utility foreman certificates and utility manager certificates issued under this chapter, the

380

Division of Utility Contractors shall be authorized to require persons seeking renewal of such
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certificates" with "The Division of Utility Contractors shall be authorized to require persons

382

seeking renewal of utility foreman certificates and utility manager certificates issued under

383

this chapter"; and at the beginning of paragraph (1) of subsection (g), by replacing "With

384

respect to Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II

385

licenses, the Division of Master Plumbers and Journeyman Plumbers shall be authorized to

386

require persons seeking renewal of such licenses" with "The Division of Master Plumbers

387

and Journeyman Plumbers shall be authorized to require persons seeking renewal of

388

Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses".

389

(3) Code Section 43-14-15, relating to certain military certifications that entitle persons to

390

obtain certain professional licenses, in subsections (b) and (c), by replacing "meet or exceed"

391

with "meets or exceeds".

392

(4)

393

requirements for nurses, by revising paragraph (1) as follows:

Code Section 43-26-50, relating to definitions relative to mandatory reporting

394

"(1) 'Board' means the Georgia Board of Nursing, with respect to registered professional

395

nurses and advanced practice registered nurses, and the Georgia Board of Examiners of

396

Licensed Practical Nurses, with respect to licensed practical nurses."

397

(5) Code Section 43-26-51, relating to the mandatory reporting requirement for violations

398

of grounds for discipline and no reporting requirement for knowledge obtained via privileged

399

communications for nurses, by replacing "applicable board" with "board" each time the term

400

appears.

401

(6) Code Section 43-26-52, relating to institutional reporting requirements and voluntary

402

suspension to alternative to discipline program not subject to reporting requirements for

403

nurses, by replacing "applicable board" with "board", "such board" with "the board", and

404

"Each board" with "The board" each time those terms appear.

405

(7) Code Section 43-26-53, relating to reportable incidents for nurses, by replacing

406

"applicable board" with "board" each time the term appears.

407

(8) Code Section 43-26-54, relating to court orders and citation for civil contempt for nurses,

408

by replacing "applicable board" with "board" each time the term appears.

409

(9) Code Section 43-26-55, relating to immunity from liability for good-faith reporting for

410

nurses, by replacing "applicable board" with "board" each time the term appears.

411

(10) Code Section 43-34-5, relating to election of the Georgia Composite Medical Board

412

officers, reimbursement of members, meetings, powers and duties, and no restriction on

413

licenses, in paragraph (8), by replacing "limited, to" with "limited to,".

414

(11) Code Section 43-41-18, relating to certain military specialties or certifications that

415

entitle persons to obtain certain professional licenses and definitions regarding residential

416

and general contractors, in subsection (c), by replacing "meet or exceed" with "meets or

417

exceeds".
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SB 340/AP
SECTION 44.

419

Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in:

420

(1) Code Section 44-14-361.5, relating to liens of persons without privity of contract in

421

regard to mechanics and materialmen, in subsection (a), by replacing "Notice to Contractor"

422

with "notice to contractor".

423

SECTION 45.

424

Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,

425

is amended in:

426

(1) Code Section 45-9-4, relating to the commissioner of administrative services to purchase

427

insurance or indemnity contracts, self-insurance program, Hazardous Materials Liability

428

Reserve Fund, insurer becoming insolvent, and provision of liability coverage to nonprofit

429

agencies and employees contracting with certain state agencies, each time the term appears

430

in subsection (e), by replacing "Georgia State Finance and Investment Commission" with

431

"Georgia State Financing and Investment Commission".

432

(2) Code Section 45-11-4, relating to unprofessional conduct, misdemeanor, applicability,

433

and indictment regarding miscellaneous offenses concerning public officers and employees,

434

in paragraphs (1), (2), and (3) of subsection (a), by replacing "shall mean" with "means".

435

(3) Code Section 45-12-75.1, relating to zero-base budgeting, intent, and departmental

436

priority lists regarding management of budgetary and financial affairs by the Office of

437

Planning and Budget, in subsection (b), by replacing "House Budget Office and Senate

438

Budget Office" with "House Budget and Research Office and Senate Budget and Evaluation

439

Office" each time those terms appear.

440

(4) Code Section 45-12-82, relating to periodic work programs to be filed, funds not to be

441

allotted until program approved, content and form of program, amendment of program, and

442

filing of copies of program regarding management of budgetary and financial affairs by the

443

Governor's Office of Planning and Budget, by replacing "Senate Budget Office, and the

444

House Budget Office" with "Senate Budget and Evaluation Office, and the House Budget

445

and Research Office".

446

(5) Code Section 45-12-85, relating to the examination and investigation of periodic work

447

programs and requests for allotment of funds regarding management of budgetary and

448

financial affairs by the Office of Planning and Budget, in subsection (b), by replacing "House

449

Budget Office and the Senate Budget Office" with "House Budget and Research Office and

450

the Senate Budget and Evaluation Office".

451

(6) Code Section 45-12-95, relating to the duty of Office of Planning and Budget to

452

encourage state agencies to identify and implement cost-saving measures and to decentralize

453

state government, in subsection (d), by replacing "House Budget Office and the Senate
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Budget Office" with "House Budget and Research Office and the Senate Budget and

455

Evaluation Office".

456

(7) Code Section 45-12-110, relating to notification of intention to apply for federal

457

assistance and adoption and promulgation of rules and regulations and forms by House

458

Budget Office, Senate Budget Office, and director of Office of Planning and Budget, in

459

subsections (a) and (b), by replacing "House Budget Office, the Senate Budget Office" with

460

"House Budget and Research Office, the Senate Budget and Evaluation Office".

461

(8) Code Section 45-13-22, relating to the distribution of Georgia Laws and journals of

462

House and Senate and pricing as part of the powers and duties of the Secretary of State, in

463

paragraph (21) of subsection (c), by replacing "House Budget Office and Senate Budget

464

Office" with "House Budget and Research Office and Senate Budget and Evaluation Office".

465

(9) Article 3 of Chapter 13 of Title 45, which is redesignated and repealed, by designating

466

said article as reserved.

467

(10) Code Section 45-15-13, relating to representation of state authorities by the Attorney

468

General, by deleting "Georgia Building Authority (Hospital), Georgia Building Authority

469

(Markets)," which refers to obsolete entities.

470

(11) Code Section 45-16-27, relating to death investigations by coroners and when inquest

471

is to be held, special situations, coroner's fee, issuance of subpoenas for books, records, or

472

papers, cost of copying, and limited disclosure of photographs, in subsection (b.1), by

473

replacing "coroner may, elect" with "coroner may elect".

474

SECTION 46.

475

Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public

476

transportation, is amended in:

477

(1) Code Section 46-2-26.3, relating to recovery of costs of conversion from oil-burning to

478

coal-burning generating facility, filing of request, public hearing, determination of rate, and

479

adjustments regarding the jurisdiction, powers, and duties generally of the Public Service

480

Commission, in subparagraph (b)(3)(A), by deleting the subsection (b) designation preceding

481

the subparagraph (3)(A) designation.

482

(2) Code Section 46-3-128, relating to the Municipal Electric Authority of Georgia and the

483

declaration of authority property as public property, payments by authority in lieu of taxes,

484

and tax exemption for authority property, income, obligations, and debt interest, in

485

subparagraph (b)(2)(A), by deleting the subsection (b) designation preceding the

486

subparagraph (2)(A) designation.

487

(3) Code Section 46-5-1, relating to exercise of power of eminent domain by telephone

488

companies, placement of posts and other fixtures, regulation of construction of fixtures,

489

posts, and wires near railroad tracks, liability of telephone companies for damages, required
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information, and due compensation, in paragraph (7) of subsection (b), by replacing

491

"subsection (b) of this Code section" with "this subsection".

492

(4) Code Section 46-5-121, relating to legislative intent by the General Assembly regarding

493

the emergency telephone number 9-1-1 system, in subsections (b) and (c), by replacing

494

"life-saving" with "lifesaving".

495
496

SECTION 47.
Reserved.

497

SECTION 48.

498

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is

499

amended in:

500

(1) Code Section 48-5-7.6, relating to the definition of "brownfield property", related

501

definitions, qualifying for preferential assessment, disqualification of property receiving

502

preferential assessment, responsibilities of owners, transfers of property, costs, appeals,

503

creation of lien against property, and extension of preferential assessment in regard to ad

504

valorem taxation of property, in subparagraph (e)(1)(B), by replacing "Code section

505

36-62-5.1" with "Code Section 36-62-5.1".

506

(2) Chapter 5B of Title 48, which is repealed, by designating said chapter as reserved.

507

(3) Code Section 48-8-2, relating to definitions regarding general provisions under the state

508

sales and use tax, at the beginning of the second sentence of paragraph (7), by deleting the

509

quotation marks around "Conference bridging service"; at the beginning of the second and

510

third sentences of paragraph (12), by deleting the quotation marks around "Direct mail"; at

511

the beginning of the second sentence of paragraph (16), by deleting the quotation marks

512

around "Food and food ingredients"; at the beginning of the second and third sentences of

513

the introductory text of paragraph (17), by deleting the quotation marks around "Lease or

514

rental"; in the second sentence of the introductory text of paragraph (20.1), by deleting the

515

quotation marks around "over-the-counter drug"; in the second sentence of paragraph (21),

516

by deleting the quotation marks around "place of primary use"; in subparagraph (B) of

517

paragraph (27), by deleting the quotation marks around "Prepared food"; in paragraph (28.1),

518

by deleting the quotation marks around "computer software," and "computer software", by

519

deleting in the second sentence the quotation marks around "prewritten computer software"

520

and "prewritten computer software.", by deleting at the beginning of the third and fifth

521

sentences the quotation marks around "Prewritten computer software'', and by deleting in the

522

fifth sentence the quotation marks around "prewritten computer software" and "prewritten

523

computer software."; in the undesignated text at the end of paragraph (29), by deleting the

524

quotation marks around "Prosthetic device"; in the introductory text of paragraph (31), by
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replacing "shall himself be liable" with "shall be liable"; in the introductory text at the

526

beginning of subparagraphs (B) and (C) of paragraph (34), by deleting the quotation marks

527

around "Sales price"; in subdivision (34)(C)(iv)(II), by deleting the quotation marks around

528

"preferred customer"; at the beginning of the second and third sentences of paragraph (37),

529

by deleting the quotation marks around "Tangible personal property"; in the second sentence

530

of the introductory text of paragraph (39), by deleting the quotation marks around

531

"telecommunications service" and at the beginning of the third sentence, by deleting the

532

quotation marks around "Telecommunications service"; and at the beginning of the second

533

sentence of paragraph (43), by deleting the quotation marks around "Voice mail service".

534

(4)

535

subparagraph (B) of paragraph (80), by deleting the colon following "term" and in

536

paragraph (81), by deleting the quotation marks around "Food and food ingredients".

537

(5) Code Section 48-8-17, relating to the suspension of the collection of taxes on gasoline

538

and aviation fuel and ratification of temporary suspension regarding state sales and use taxes,

539

in paragraph (4) of subsection (a), by deleting "and" after the semicolon at the end.

540

(6) Code Section 48-8-75, relating to a purchaser's immunity from liability for failure to pay

541

correct sales tax under certain circumstances, in paragraph (4) of subsection (a), by replacing

542

"databases" with "data bases".

543

(7) Code Section 48-8-89, relating to distribution and use of proceeds, certificate specifying

544

percentage of proceeds for each political subdivision, determination of proceeds for absent

545

municipalities, procedure for filing certificates, effect of failure to file, and renegotiation of

546

certificate regarding joint county and municipal sales and use tax, in paragraph (1) of

547

subsection (a), by inserting "and" after the semicolon at the end.

548

(8) Code Section 48-8-161, relating to definitions regarding uniform sales and use tax

549

administration, in paragraph (7), by replacing "$500 million dollars" with "$500 million".

550

SECTION 49.

551

Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended

552

in:

553

(1) Code Section 49-4-193, relating to established drug testing, ineligibility for benefits

554

based upon positive tests, drug treatment, impact of drug use by parents on children,

555

confidentiality, and exceptions, in subsection (a) by replacing "Mandatory Guidelines for

556

Federal Workplace Drug Testing Programs (53 C.F.R. 11979, et seq., as amended)" with

557

"Mandatory Guidelines for Federal Workplace Drug Testing Programs established by the

558

United States Department of Health and Human Services".

559

(2) Code Section 49-4A-2, relating to the creation of the Board of Juvenile Justice,

560

appointments, terms, vacancies, chairperson, per diem and expenses, and responsibilities and

Code Section 48-8-3, relating to exemptions regarding sales and use taxes, in

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duties, in paragraph (5) of subsection (b), by replacing "Senate State Judiciary Committee"

562

with "Senate Judiciary Committee".

563

(3) Code Section 49-6-62, relating to the establishment of a community care unit, provision

564

of services, annual service plan, implementation plan, annual progress report, fees and

565

contributions, and funding regarding community care and services for the elderly, in

566

subsection (g), by inserting a comma after "House Committee on Health and Human

567

Services".

568

SECTION 50.

569

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended

570

in:

571

(1) Code Section 50-7-17, relating to the State-wide Tourism Marketing Program and the

572

Georgia Tourism Foundation, in paragraph (2) of subsection (e), by replacing "Board of

573

Development" with "Board of Economic Development".

574

(2) Code Section 50-8-18, relating to energy efficient construction of major state-funded

575

facility projects, a short title, legislative findings, and "major facility project" defined, in the

576

introductory language of subsection (d), by replacing "Georgia State Finance and Investment

577

Commission" with "Georgia State Financing and Investment Commission".

578

(3) Code Section 50-17-21, relating to definitions regarding the Georgia State Financing and

579

Investment Commission, in paragraph (9), by deleting "Georgia Building Authority

580

(Markets)," which refers to an obsolete entity.

581

(4) Code Section 50-18-72, relating to when public disclosure not required regarding

582

inspection of public records, in paragraph (26) of subsection (a), by replacing "paragraph (3)"

583

with "paragraph (5)".

584

(5) Code Section 50-25-7.1, relating to the technology empowerment fund, appropriations,

585

initiatives, and steering committee regarding the Georgia Technology Authority, by replacing

586

"Senate Budget Office" with "Senate Budget and Evaluation Office" and "House Budget

587

Office" with "House Budget and Research Office" each time those terms appear throughout

588

said Code section and in subsection (d) by replacing "House Appropriations Committee"

589

with "House Committee on Appropriations".

590

(6) Code Section 50-27-70, relating to legislative findings and definitions regarding general

591

provisions of bona fide coin operated amusement machines, in the undesignated text at the

592

end of subparagraph (b)(2)(A), by replacing "means machine" with "means a machine".

593

(7) Code Section 50-27-87, relating to master licensees and requirements and restrictions for

594

licensees regarding bona fide coin operated amusement machines, in paragraph (3) of

595

subsection (b), by replacing "location owner or location owner" with "location owner or

596

location operator".
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(8) Code Section 50-32-11, relating to the powers of the Georgia Regional Transportation

598

Authority generally, in paragraph (26) of subsection (a), by inserting a comma after "state

599

agencies".

600

(9) Code Section 50-34-17, relating to the establishment and duties of the OneGeorgia

601

Authority Overview Committee, in subsection (a), by replacing "Senate Budget Office" with

602

"Senate Budget and Evaluation Office" and "House Budget Office" with "House Budget and

603

Research Office".

604
605

SECTION 51.
Reserved.

606

SECTION 52.

607

Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and

608

watercraft, is amended in:

609

(1) Code Section 52-7-8, regarding classification of vessels and required equipment

610

regarding the registration, operation, and sale of watercraft, in subsection (k), by replacing

611

"the words" with "the term".

612

(2) Code Section 52-7-12, relating to the operation of watercraft while under influence of

613

alcohol, toxic vapors, or drugs, legal drug use not exempted, blood and other chemical tests,

614

test refusal, owner's liability for allowing another to operate while intoxicated, civil and

615

criminal actions, and child endangerment, in subparagraphs (m)(1)(D), (m)(2)(D), (m)(3)(D),

616

and (m)(4)(D), by replacing "Department of Drivers Service's approval" with "Department

617

of Driver Services' approval".

618
619

SECTION 53.
Reserved.

620

SECTION 54.

621

(a) Except for Title 47, the text of Code sections and title, chapter, article, part, subpart,

622

Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and

623

designations as contained in the Official Code of Georgia Annotated published under

624

authority of the state by The Michie Company in 1982 and contained in Volumes 3 through

625

40 of such publication or replacement volumes thereto, as amended by the text and

626

numbering of Code sections as contained in the 2013 supplements to the Official Code of

627

Georgia Annotated published under authority of the state in 2013 by LEXIS Publishing, are

628

hereby reenacted.

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629

(b) Annotations; editorial notes; Code Revision Commission notes; research references;

630

notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses;

631

title, chapter, article, part, and subpart captions or headings, except as otherwise provided in

632

the Code; catchlines of Code sections or portions thereof, except as otherwise provided in

633

the Code; and rules and regulations of state agencies, departments, boards, commissions, or

634

other entities which are contained in the Official Code of Georgia Annotated are not enacted

635

as statutes by the provisions of this Act. Material which has been added in brackets or

636

parentheses and editorial, delayed effective date, effect of amendment, or other similar notes

637

within the text of a Code section by the editorial staff of the publisher in order to explain or

638

to prevent a misapprehension concerning the contents of the Code section and which is

639

explained in an editorial note is not enacted by the provisions of this section and shall not be

640

considered a part of the Official Code of Georgia Annotated.

641

(c) The reenactment of the statutory portion of the Official Code of Georgia Annotated by

642

subsection (a) of this section shall not affect, supersede, or repeal any Act of the General

643

Assembly, or portion thereof, which is not contained in the Official Code of Georgia

644

Annotated and which was not repealed by Code Section 1-1-10, specifically including those

645

Acts which have not yet been included in the text of the Official Code of Georgia Annotated

646

because of effective dates which extend beyond the effective date of the Code or the

647

publication date of the Code or its supplements.

648

(d) The provisions contained in Sections 1 through 53 of this Act and in the other Acts

649

enacted at the 2014 regular session of the General Assembly of Georgia shall supersede the

650

provisions of the Official Code of Georgia Annotated ratified and reenacted by subsection (a)

651

of this section.

652

(e) In the event of a conflict between a provision in Sections 1 through 53 of this Act and

653

a provision of another Act enacted at the 2014 regular session of the General Assembly, the

654

provision of such other Act shall control over the conflicting provision in Sections 1

655

through 53 of this Act to the extent of the conflict.

656

SECTION 55.

657

(a) Except as otherwise provided in subsection (b) of this section, this Act shall become

658

effective upon its approval by the Governor or upon its becoming law without such approval.

659

(b) The amendments made by paragraphs (4) through (9) of Section 43 of this Act shall be

660

effective the later of July 1, 2014, or when funds are specifically appropriated for purposes

661

of Ga. L. 2013, p. 830, §4, in an Appropriations Act making specific reference to such Act.

662

SECTION 56.

663

All laws and parts of laws in conflict with this Act are repealed.
S. B. 340
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