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or have been preempted or superseded by subsequent laws; to provide for other matters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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53
54
SB 340/AP
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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418
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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490
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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561
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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597
(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, ยง4, 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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