SUMMARY OF GENERAL STATUTES ENACTED AT THE 1985 SESSION OF THE GENERAL ASSEMBLY OF GEORGIA LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA COMMITTEE MEMBERS THOMAS B. MURPHY Speaker, House of Representatives Chairman HAMILTON MCWHORTER, JR. Secretary of the Senate Secretary ZELL MILLER Lieutenant Governor SENATOR THOMAS F. ALLGOOD SENATOR J. NATHAN DEAL SENATOR FLOYD HUDGINS SENATOR JOSEPH E. KENNEDY SENATOR TERRELL STARR REPRESENTATIVE A L. (AL) BURRUSS REPRESENTATIVE JACK CONNELL REPRESENTATIVE WARREN D. EVANS REPRESENTATIVE LAUREN MCDONALD, JR. REPRESENTATIVE JOE MACK WILSON GLENN W. ELLARD Clerk, House of Representatives FRANK. H. EDWARDS Legislative Counsel COMMITTEE MEMBERS TI-IOMAS B MURP'I-IY s,...... H0USou> HE UNAH FRAN!< H EDWARDS cGS,ATIV!COUNSH LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA GEORGIA 30334 1404) 6565000 SENATORS REPRESENTATIV 5 ALIALIBURRUSS WARl'!EN C EVANS LAUl'!EN MCDONALD JR JOE MACK WILSON TO: MEMBERS OF THE GENERAL ASSEMBLY STATE AND LOCAL OFFICIALS OTHER INTERESTED PERSONS We are pleased to transmit to you the "Summary of General Statutes Enacted at the 1985 Regular Session of the General Assembly of Georgia." This represents one of the services which the Legislative Services Committee and the Office of Legislative Counsel perform for the legislative branch of government. Other services include bill drafting, research, statutory and Code revision, rendering of opinions, counseling, legislative reference, interim committee staffing, and preparation of reports. The Office of Legislative Counsel drafted a total of 4,226 bills, resolutions, and amendments for the 1985 session. Of this number, 1,160 had been prepared by the convening date of the session, leaving a total of 3,066 which were drafted during the session. The other members of the committee and the Office of Legislative Counsel join me in the sincere hope that this booklet will be of benefit to those who use it. If we may be of service, please feel free to call upon us. Sincerely yours, ./)/ '72,t:: nt(l'i / /)J7 Jt.t.L'jAZ/# THOMAS B MURPHY Chairman Legislative Service Committee TBM:jp FOREWORD This booklet contains a summary of the general statutes of state-wide application which were enacted at the 1985 regular session of the General Assembly of Georgia. No resolutions or Acts with special application have been included. It would be impractical to minutely analyze each statute because to do so would defeat the main purpose which it is hoped that this booklet accomplishes. It is intended that it be used as a convenient reference for persons desiring to know which laws were enacted or desiring to ascertain the main features of each Act without the necessity of reading it in its entirety. It should be pointed out that for specific, detailed information on any particular law, the Act itself should be examined. A notation of the effective date is listed after each Act. would like to give special credit to Sewell Brumby, Deputy Legislative Counsel, for the preparation of this booklet. The many long hours involved in this project are evidence of his outstanding work and his meticulous attention to detail. This summary is not to be deemed in any manner as an opinion from the Office of Legislative Counsel, and the question of constitutionality has not been considered in any respect. It is hoped that this booklet will benefit all who have occasion to use it and comments and suggestions for improvement are welcomed. Frank H. Edwards Legislative Counsel NOTE The page numbers showing where the Acts may be found in the bound volumes in the Georgia Laws are listed for each Act. GENERAL ASSEMBLY 1985 SESSION HOUSE BILLS. SIGNED/VETOED PENDING LOST, UN. . . . INTRODUCED PASSED BY GOVERNOR FOR 1986 FAVORABLE 1139 631 627 499 9 GENERALS PASSED. LOCALS PASSED. .. 245 . . 386 63T SENT TO THE GOVERNOR FOR APPROVAL. . . 631 LOST, UNFAVORABLE, WITHDRAWN. 9 9 PENDING --- TO BE CARRI ED OVER HOUSE. . . 431 SENATE. 61 CONFERENCE. 5 SUB/ AM DISAGREED 2 499 SIGNED/VETOED PENDING LOST, UNHOUSE RESOLUTIONS. . . . . . . . . . INTRODUCED ADOPTED BY GOVERNOR FOR 1986 FAVORABLE 453 380 36 71 GENERALS ADOPTED. PRIVILEGED ADOPTED. UNFAVORABLE, LOST. PENDING --- TO BE CARRIED OVER HOUSE .. SENATE. 34 . 346 380 2 2 70 1 71 SENT TO THE GOVERNOR FOR APPROVAL: Generals. . .. 34 Privileged ... 2 36 SENATE BILLS. SIGNED/VETOED PENDING LOST, UN. I:N'TRODVCED PASSED BY GOVERNOR FOR 1986 FAVORABLE 290 143 143 144 GENERALS PASSED. LOCALS PASSED. 99 .. 44 143 SENT TO THE GOVERNOR FOR APPROVAL . . . . 143 LOST, UNFAVORABLE. 3 3 PENDING --- TO BE CARRIED OVER HOUSE. 69 SENATE. 71 CONFERENCE. 3 SUB/AM DISAGREED 1 144 SIGNED/VETOED PENDING LOST, UNSENATE RESOLUTIONS . . . . . . . . . . I~TRODUCED ADOPTED BY GOVER.'WR FOR 1986 FAVORABLE 274 238 15 32 GENERALS ADOPTED. 15 PRIVILEGED ADOPTED . . . 223 238 SENT TO THE GOVERNOR FOR APPROVAL. .15 LOST, UNFAVORABLE. 4 4 PENDING --- TO BE CARRIED OVER HOUSE. 13 SENATE. 18 CONFERENCE. 1 32 TOTAL BILLS TOTAL RESOLUTIONS HOl'SE SE.'.'iATE GENERAL ASSEMBLY 1985 SESSION SDlMARY INTRODUCED PASSED 1139 631 290 143 1129 774 INTRODCCED ADOPTED SIG~ED/VETOED BY THE GOVERNOR 627 4 143 0 770 4 36 0 15 0 51 0 The Acts in this summary are arranged according to the title of the Official Code of Georgia Annotated which they amend. In those cases in which an Act amends more than one Code Title the Act appears under only one of the affected titles. A table of titles appears below. No Acts are listed for those titles which are indicated by an asterisk. Title 1 Title 2 Title 3 Title 4 Title 5 Title 6 Title 7 Title 8 Title 9 Title 10 Title 11 Title 12 Title 13 Title 14 Title 15 Title 16 Title 17 Title 18 Title 19 Title 20 Title 21 Title 22* Title 23* Title 24 Title 25 Title 26 Title 27 Title 28 Title 29* Title 30 Title 31 Title 32 Title 33 Title 34 Title 35 Title 36 Title 37 Title 38 Title 39* Title 40 Title 41* Title 42 Title 43 Title 44 Title 45 Title 46 Title 47 Title 48 Title 49 Title 50 Title 51 Title 52* Title 53 General Provisions Agriculture Alcoholic Beverages Animals Appeal and Error Aviation Banking and Finance Buildings and Housing Civil Practice Commerce and Trade Commercial Code Conservation and Natural Resources Contracts Corporations, Partnerships, and Associations Courts Crimes and Offenses Criminal Procedure Debtor and Creditor Domestic Relations Education Elections Eminent Domain Equity Evidence Fire Protection and Safety Food, Drugs, and Cosmetics Game and Fish General Assembly Guardian and Ward Handicapped Persons Health Highways, Bridges, and Ferries Insurance Labor and Industrial Relations Law Enforcement Officers and Agencies Local Government Mental Health Military, Emergency Management, and Veterans Affairs Minors Motor Vehicles and Traffic Nuisances Penal Institutions Professions and Businesses Property Public Officers and Employees Public Utilities and Public Transportation Retirement and Pensions Revenue and Taxation Social Services State Government Torts Waters of the State, Ports, and Watercraft Wills, Trusts, and Administration of Estates TITLE I GENERAL PROVISIONS Act 8; HB 93; p. 149 Makes extensive editorial amendments to the Official Code of Georgia Annotated so as to correct typographical, stylistic, and other errors and omissions and reenacts the statutory portion of the Code as so amended. Effective February 12, 1985. Act 533; SB 169; p. 648 Specifies rules for computing any period of time prescribed by statute, court rules, or court order, which period of time is measured in days, weeks, months, years, or other measurements of time except hours. Provides that the first day shall not be counted but the last day shall be counted. Provides that if the last day falls on Saturday, Sunday, or a legal holiday the party having the privilege or duty to act within the time period shall have until the next business day to act. Provides that if the period of time prescribed is less than seven days then intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. Amends O.C.G.A. Sections 1-3-1 and 9-11-6. Effective July 1, 1985. Act 613; HB 625; p. 984 Provides that any general Act which is enacted after January 1, 1986, and which increases the salaries of superior court clerks, probate judges, sheriffs, tax receivers, tax collectors, or tax commissioners shall not become effective until the first day of January following passage of the Act. Enacts O.C.G.A. Section 1-3-4.1. Effective July 1, 1985. Act 537; SB 253; p. 658 Designates the second Monday in February of each year as "Law Enforcement Officer Appreciation Day." Enacts O.C.G.A. Section 1-4-6. Effective July 1, 1985. - 1- TITLE I (continued) TITLE 2 AGRICULTURE Act 733; HB 916; p. 1444 Provides that the amount of an administrative penalty imposed by the Commissioner of Agriculture for a violation or attempted violation of the "Georgia Food Act," O.C.G.A. Sections 26-2-20 through 26-2-41, may be up to the greater of $1,000.00 or the amount of gain realized or sought to be realized through the violation, but in no event more than $20,000.00. Provides that such an administrative penalty may be imposed without the consent of the person against whom the penalty is to be imposed. Amends O.C.G.A. Section 2-2-10. Effective April 10, 1985. Act 641; SB 256; p. 1079 Enacts the "Georgia Boll Weevil Eradication Act of 1985" and gives the Commissioner of Agriculture broad powers with respect to the eradication of boll weevils, including the power to inspect for boll weevil infestation, the power to require cotton growers to make reports, the power to establish quarantine areas, the power to regulate the transportation of articles capable of harboring boll weevils, and the power to provide for assessment of the costs of boll weevil eradication on cotton growers. Provides that a cotton growers' organization may be certified by the Commissioner to cooperate in eradication programs. Enacts O.C.G.A. Sections 2-7-150 through 2-7-158. Effective upon enactment of similar legislation by the states of Florida and Alabama. Act 531; SB 158; p. 643 Provides that grain dealers' licenses must be renewed annually. Provides that if the bond of a grain dealer is canceled then his grain dealer's license shall immediately be revoked by operation of law. Provides that the Commissioner of Agriculture shall give notice by publication of the breach of a grain dealer's bond. Provides that any person complaining of a breach of the bond must give notice of his complaint within 120 days following public notice of the breach and that any action on the breach of the bond shall be commenced not less than 180 days nor more than 547 - 2- TITLE 2 (continued) days after the public notice breach. Amends O.C.G.A. Sections through 2-9-35. Effective July 1, 1985. of the 2-9-33 TITLE 3 ALCOHOLIC BEVERAGES Act 652; HB 488; p. 1118 Provides that any alcoholic beverages which are sold, conveyed, or possessed, concealed, stored, or held for sale by any person who has not first obtained all legally required licenses are contraband and subject to forfeiture. Clarifies the prohibition against manufacture, distribution, sale, handling, or possessing for sale any alcoholic beverages without obtaining all licenses required by law. Amends O.C.G.A. Sections 3-2-33, 3-3-1, and 3-3-3. Effective April 4, 1985. Act 622; HB 583; p. 1000 Applies only to a municipality which has an independent school system and which is located within a county where one-half of the proceeds of retail alcoholic beverage taxation in the county is paid over to boards of education in the county. Provides that the governing authority of any such municipality may, with or without a referendum, authorize the sale of alcoholic beverages for three hours after 11:55 P.M. on Saturdays and the sale of alcoholic beverages in food sales establishments on Sundays. Amends O.C.G.A. Section 3-3-7. Effective July l, 1985. Act 717; HB 558; p. 1398 Requires counties and municipalities to notify the Department of Revenue whenever the holder of any local permit or license to manufacture, distribute, or sell alcoholic beverages is known to have violated any state law or local ordinance relating to the sale of alcoholic beverages to underage persons. Enacts O.C.G.A. Section 3-3-2.1. Effective July 1, 1985. Act 750; HB 247; p. 1508 Revises provisions relating to local authorization of the sale of alcoholic beverages on local election days and provides that, when such sale on - 3- TITLE 3 (continued) election days is authorized, no alcoholic beverages shall be sold within 250 feet of any polling place. Amends O.C.G.A. Section 3-3-20 and repeals O.C.G.A. Section 21-3-476. Effective July 1, 1985. Act 562; HB 21; p. 753 Changes the age at which it is lawful to possess or consume alcoholic beverages to age 20, as of September 30, 1985, and to age 21, as of September 30, 1986. Removes the exemption from age requirements for persons on active duty in the armed forces. Amends O.C.G.A. Sections 3-3-23 and 3-3-23.1. Act 564; HB 142; p. 782 Provides that it shall be a criminal offense for any person under the legal age for possession and consumption of alcoholic beverages to misrepresent his identity or use any false identification for the purpose of purchasing or obtaining alcoholic beverages. Provides that the penalty for the second commission of such offense or of other offenses involving underage persons and alcoholic beverages shall be that specified for a misdemeanor of a high and aggravated nature. Amends O.C.G.A. Sections 3-3-23 and 3-3-23.1. Effective July l, 1985. Act 539; HB 463; p. 662 Amends O.C.G.A. Sections 3-4-60 3-6-50 so as to provide for uniform taxation of the first sale, use, possession, or final delivery of wine, distilled spirits, and alcohol, whether manufactured in the state or imported into the state. Effective March 31, 1985. Act 540; HB 564; p. 665 Amends O.C.G.A. Section 3-4-60 so as to impose a 50 per liter tax on the first sale, use, or final delivery of distilled spirits in the state and a 70 per liter tax on the first sale, use, or final delivery of alcohol in the state. Imposes additional taxes of 50 and 70 per liter respectively on the importation into the state of distilled spirits and alcohol. Amends O.C.G.A. Section 3-6-50 so as to impose an 11 per liter tax on the first sale, use, or final delivery of table wine in the state and a 27 per - 4- TITLE 3 (continued) liter tax on the first sale, use, or final delivery of dessert wine in the state. Imposes additional taxes of 29 and 40 per liter respectively on the importation into the state of table wine and dessert wine. Effective Aprill, 1985. Act 719; HB 567; p. 1403 Provides that a farm winery may be authorized to sell its wine at retail if its annual production is made from berries, fruits, and grapes grown within the state in the following percentages: 10 percent for the first year's production; 20 percent for the second year's production; 30 percent for the third year's production; and 40 percent for the fourth year's production. Removes the limit on maximum production by a farm winery authorized to sell its wine at wholesale but provides that no more than 24,000 gallons per year shall be sold at wholesale. Authorizes farm wineries to import wine in bulk in an amount not to exceed 20 percent of the annual production of the winery with the approval of the state revenue commissioner and upon payment of applicable taxes. Amends O.C.G.A. Section 3-6-21.1. Effective April 10, 1985. Act 610; HB 566; p. 979 Provides that the annual production of wine manufactured in the state by a winery which is not a farm winery shall be made from at least 40 percent of berries, fruits, and grapes grown within the state. Provides that the annual production of wine manufactured in the state by a farm winery shall be made from berries, fruits, and grapes grown within the state in the following percentages: 10 percent for the first year's production; 20 percent for the second year's production; 30 percent for the third year's production; and 40 percent for the fourth year's production. Enacted O.C.G.A. Section 3-6-29. Effective April 4, 1985. TITLE 4 ANIMALS Act 554; HB 650; p. 704 Provides measures for the control of brucellosis in cattle. Regulates the importation, transportation, and sale of cattle for this purpose. Provides for criminal penalties and civil - 5- TITLE 4 (continued) enforcement. Enacts O.C.G.A. Section 4-4-95.l and amends O.C.G.A. Section 4-6-10. Effective July l, 1985. TITLE 5 APPEAL AND ERROR Act 697; HB 183; p. 1312 Provides that in any civil case in which a judge exercises his discretion to grant a new trial the judge shall set forth by written order the reason or reasons for exercising his discretion to grant the new trial. Enacts O.C.G.A. Section 5-5-51. Effective July l, 1985. TITLE 6 AVIATION Act 767; HB 632; p. 1649 Provides that a leasehold or other possessory interest of a private person in real property owned by a county or a municipality for airport purposes shall be subject to ad valorem taxation only if the real property is located outside of the territorial limits of the county or municipality. Amends O.C.G.A. Section 6-3-21. Effective April 12, 1985. TITLE 7 BANKING AND FINANCE Act 45; SB 137; p. 258 Amends O.C.G.A. Section 7-1-4 so as to define the term "money" as used in the banking laws to include domestic and foreign currencies. Amends 0.C.G.A. Section 7-1-91 so as to provide that orders to financial institutions by the commissioner of banking and finance shall be enforceable by a civil penalty of $1,000.00 for each day during which a violation continues. Amends O.C.G.A. 7-1-241 so as to revise the types of professional activities which are not subject to regulation as banking. Amends O.C.G.A. 7-1-280 so as to revise the statement of banking powers involving receipt and receipt for collection of commercial paper. Effective March 14, 1985. - 6- TITLE 7 (continued) Act 740; HB 173; p. 1467 Provides that a financial institution shall have five business days from service of a subpoena within which to produce any books, papers, or records ordered produced pursuant to the subpoena, except as otherwise ordered by a judge of the court from which the subpoena is issued. Amends 0.C.G.A. Section 7-1-237. Effective July l, 1985. Act 679; HB 61; p. 1241 Provides that any person in possession of moneys not exceeding $2,500.00 which belong to an intestate decedent may deposit such moneys in a savings account in the name of the decedent; and provides that the financial institution with which such moneys are deposited may pay such moneys to the family of the decedent or for the burial and last illness expenses of the decedent in the same manner as funds may be paid from other accounts of the decedent. Provides that when any person dies intestate a check or other instrument payable to the decedent which does not exceed $2,500.00 may be paid by the drawee financial institution to the family of the decedent. Amends O.C.G.A. Section 7-1-239 and enacts 0.C.G.A. Section 7-1-239.1. Effective July 1, 1985. Act 39; SB 136; p. 246 Provides that a representative office of a bank holding company domiciled outside the state, or a representative office of a subsidiary or agent of a bank or bank holding company domiciled outside the state, shall be subject to registration and prohibited from transacting a banking business in the same manner as a representative office of a bank domiciled outside the state. Specifies the types of banking business which a representative office is prohibited from transacting, including the acceptance of deposits and performance of transactions through electronic devices or agents or fiduciaries. Provides that a bank to be acquired by a bank holding company must be a "bank" as defined by federal law, a savings and loan, a state savings and loan, or a federal savings bank and changes other provisions relating to bank holding companies. Amends O.C.G.A. Sections 7-1-590 and 7-1-608. Effective March 6, 1985. - 7- TITLE 7 (continued) Act 749; SB 216; p. 1506 Provides that a bank holding company which lawfully controls or has been approved to acquire control of a bank may, either at the time control is obtained or thereafter, be authorized to merge or consolidate such bank with another of the bank holding company's subsidiaries or have another of the bank holding company's subsidiaries acquire the bank and operate it as a branch bank. Amends 0.C.G.A. Section 7-1-606. Effective April 10, 1985. Act 570; HB 374; p. 823 Amends O.C.G.A. Section 7-1-651 so as to provide that the bylaws of a credit union may provide for separate classes of shares for borrowers and depositors and may specify a par value of not less than $5.00 for each class of shares. Amends 0.C.G.A. Section 7-1-652 so as to provide that a minor may have accounts with a credit union and that such accounts shall not be subject to the control of the minor's parent, guardian, or trustee. Effective July 1, 1985. Act 659; SB 138; p. 1131 Provides that operation by a person not otherwise engaged in the banking business of electronic devices for the purpose of facilitating financial transactions shall be subject to licensure and regulation in the same manner as the sale of checks or money orders. Provides that no licensee shall operate such an electronic device unless all financial institutions in the county have equal access to the transaction clearing system accessed by the licensee. Amends 0.C.G.A. Section 7-1-681. Effective April 8, 1985. Act 41; HB 437; p. 249 Provides that the "Georgia Industrial Loan Act" and its licensing requirements shall not apply to the University System of Georgia, to private colleges and universities, or to associations thereof. Amends 0.C.G.A. Section 7-3-6. Effective March 7, 1985. - 8- TITLE 8 BUILDINGS AND HOUSING Act 24; SB 15; p. 221 Delays until January 1, 1986, the date by which registration and approved inspection of elevators, escalators, manlifts, moving walks, and dumbwaiters must be carried out. Changes provisions relating to appointment of inspectors of such devices by the Commissioner of Labor and delays appointments to the advisory committee which advises the Commissioner with respect to such devices. Amends O.C.G.A. Sections 8-2-101, 8-2-104, and 8-2-109. Effective July 1, 1985. Act 654; HB 502; p. 1121 Provides that bonds of the Georgia Residential Finance Authority may be either general obligations or limited obligations of the authority. Increases to $715 million the maximum aggregate principal amount of bonds which the authority may have outstanding at any one time for its single-family residential housing program. Amends 0.C.G.A. Sections 8-3-172 and 8-3-180. Effective April 4, 1985. Act 568; HB 372; p. 818 Amends O.C.G.A. Sections 8-3-172 and 8-3-190.1 so as to provide for participation by credit unions in programs of the Georgia Residential Finance Authority by including credit unions within the definition of the term "lending institution." Effective July 1, 1985. TITLE 9 CIVIL PRACTICE Act 734; SB 17; p. 1446 Changes provisions relating to the effect of dismissal and renewal of civil actions on statutes of limitations. Provides that, if a case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the case, then the case may be recommenced in a court of this state or, if permitted by the federal rules of civil procedure, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal. Provides that such privilege of renewal shall be - 9- TITLE 9 (continued) exercised only once if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation. Amends O.C.G.A. Section 9-2-61. Effective July l, 1985. Act 424; SB 170; p. 556 Provides that the period of limitation within which an action for medical malpractice must be brought shall be two years after the date on which an injury or death resulting from a negligent or wrongful act occurs, except that in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred. Continues the limitation period of one year from date of discovery in a case where a foreign object is left in a patient's body. Amends O.C.G.A. Sections 9-3-71 and 9-3-72. Effective July l, 1985, with special transitional provisions for applicability to existing causes of action. Act 585; HB 92; p. 883 Provides that the Administrative Office of the Courts shall promulgate a form or forms for use by inmates of state and local penal and correctional institutions in actions against the state and local governments and government agencies and officers. Provides that no such action shall be accepted for filing unless the complaint or other initial pleading is on such form or forms and such form or forms are appropriately and legibly completed. Provides that any such action which is accompanied by an affidavit of indigency must include a sworn financial statement which shall include any custodial account of the inmate with the institution wherein he is incarcerated and must include a certification from the institution that the financial statement correctly states the amount of funds in such custodial account. Enacts O.C.G.A. Section 9-10-14. Effective April 4, 1985, and applicable to actions presented for filing on or after July l, 1985. Act 720; HB 584; p. 1406 Provides that, if any member of the State Board of Education is engaged as counsel or party in any case in the courts which is called for trial during the regular session of the board, the - 10 - TITLE 9 (continued) absence of the member to attend the session of the board shall be grounds for a postponement or continuance. Amends O.C.G.A. Sections 9-10-151 and 17-8-29. Effective July 1, 1985. Act 535; SB 234; p. 656 Provides that, when an infant or incompetent person is represented in a civil action by his next friend, the next friend shall not be permitted to receive any proceeds from the action until he has entered into a bond to ensure that the proceeds are properly accounted for. Amends O.C.G.A. Section 9-11-17. Effective July l, 1985. Act 418; HB 630; p. 546 Provides that a voluntary dismissal without prejudice by the plaintiff in a civil action may only be made before the case is submitted to the jury. Amends O.C.G.A. Section 9-11-41. Effective July 1, 1985. Act 680; HB 64; p. 1243 Revises provisions relating to issuance of alias executions and alias tax executions when the original execution has been lost or destroyed so as to provide for the issuance of such alias executions by judicial officers and by state officers authorized to issue original tax executions. Provides that when two or more tax executions have been issued against the same defendant, or when two or more in rem executions have been issued against the same property, such executions may be aggregated and the total amount due may be levied as in the case of a single execution. Provides that when two or more tax executions have been levied against the same defendant, or when two or more in rem tax executions have been levied against the same property, such executions may be aggregated and a single sale may be conducted for the total amount due. Amends O.C.G.A. Sections 9-13-8, 48-3-6, 48-3-7, and 48-4-1. Effective April 10, 1985. Act 631; SB 78; p. 1042 Increases the rates for legal advertisements to $6.50 per 100 words for the first four insertions and $5.50 per 100 words for each subsequent insertion. - 11 - TITLE 9 (continued) Amends O.C.G.A. Section 9-13-143. Effective July 1, 1985. Act 684; HB 91; p. 1256 Provides that, when a party who is not represented by an attorney presents a civil action for filing and claims inability to deposit court costs because of indigency, such action shall be assigned to and reviewed by a judge of the court prior to filing. Provides that, if a pleading so presented for filing shows on its face such a complete absence of any justiciable issue of law or fact that it cannot be reasonably believed that the court could grant any relief in the matter, then the judge shall enter an order denying filing of the pleading. Amends O.C.G.A. Section 9-15-2. Effective July 1, 1985. TITLE 10 COMMERCE AND TRADE Act 43; HB 438; p. 251 Provides that "The Retail Installment and Home Solicitation Sales Act" shall not apply to the University System of Georgia, to private colleges and universities, or to associations thereof. Enacts O.C.G.A. Section 10-1-16. Effective March 7, 1985. Act 552; HB 452; p. 698 Increases the maximum delinquency charge on past due installments under the "Motor Vehicle Sales Finance Act" from $5.00 to $50.00. Provides that where the amount financed under the "Motor Vehicle Sales Finance Act" or under any retail installment contract for a manufactured home or motor vehicle exceeds $5,000.00 the parties may agree upon a finance charge in any amount. Provides that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action. Amends O.C.G.A. Sections 10-1-32, 10-1-33, and 7-4-3 and enacts O.C.G.A. Section 10-1-36.1. Effective April 2, 1985. - 12 - TITLE 10 (continued) Act 389; SB 108; p. 458 Provides that it shall be unlawful for any person who is engaged in the sale of octane or cetane rated motor fuels to sell such fuels below cost or to discriminate in price between purchasers where the effect of such below-cost sale or discrimination may be substantially to lessen competition or may tend to create a monopoly. Provides other restrictions on certain practices in the sale of such fuels. Provides for civil enforcement. Enacts O.C.G.A. Sections 10-1-250 through 10-1-256. Effective July l, 1985. Act 603; HB 370; p. 938 Provides that no facility which is operated by a nonprofit organization, a physician, or a health care facility shall be subject to regulation as a health spa under the "Fair Business Practice Act of 1975." Provides that no contract between a health spa and its customer shall have a term in excess of 36 months. Changes the amount of bond which a health spa is required to post and provides that such a bond shall not be required if all contracts entered into between the health spa and its customers contain certain provisions. Amends O.C.G.A. Sections 10-1-392 and 10-1-393. Effective July 1, 1985. Act 668; HB 448; p. 1183 Provides that a violation of 15 U.S.C. Sections 1982 through 1988 and rules thereunder, relating to motor vehicle odometer and mileage disclosure regulation, shall constitute an unfair or deceptive act or practice under the Georgia "Fair Business Practices Act of 1975" and shall constitute a consumer transaction. Amends O.C.G.A. Section 10-1-393. Effective July 1, 1985. Act 530; SB 130; p. 642 Provides that the administrator of the "Fair Business Practices Act of 1975" shall be served and shall have the right to be heard in any private action under the Act. Amends O.C.G.A. Section 10-1-399. Effective July l, 1985. - 13 - TITLE 10 (continued) Act 604; HB 371; p. 947 Provides that a purchaser of a business opportunity from a business opportunity seller who is required to register with the administrator of the "Fair Business Practices Act of 1975" but has not so registered may void the purchase contract within one year after the date of the contract. Amends O.C.G.A. Section 10-1-416. Effective July 1, 1985. Act 706; HB 378; p. 1341 Regulates the contents of lease-purchase agreements for the lease-purchase of personal property for personal, family, or household purposes by specifying required and prohibited contractual provisions. Requires lessors to make certain disclosures to lessees prior to the execution of lease-purchase agreements. Prohibits certain types of advertisements related to lease-purchases. Provides for civil and criminal enforcement. Enacts O.C.G.A. Sections 10-1-680 through 10-1-689. Effective July 1, 1985. Act 532; SB 159; p. 645 Changes the annual expiration date of warehouse licenses from July 1 to June 30. Provides that if the bond of a warehouseman is canceled then his warehouse license shall immediately be revoked by operation of law. Provides that the Commissioner of Agriculture shall give notice by publication of the breach of a warehouse bond. Provides that any person complaining of a breach of the bond must give notice of his complaint within 120 days following public notice of the breach and that any action on the breach of the bond shall be commenced not less than 180 days nor more than 547 days after the public notice of the breach. Provides for administrative and court procedures to enforce bonds. Amends O.C.G.A. Sections 10-4-10, 10-4-12, and 10-4-14. Effective July 1, 1985. TITLE 11 COMMERCIAL CODE Act 571; HB 375; p. 825 Provides that for purposes of Articles 3 and 4 of the "Uniform Commercial Code," relating to commercial paper and bank deposits and collections, the term - 14 - TITLE 11 (continued) "bank" includes any savings bank, mutual savings bank, building and loan association, savings and loan association, and credit union the shares or deposits of which are federally insured or insured by an approved state deposit insurance corporation. Provides that any agent of a bank receiving items for data processing purposes shall be considered to be a separate bank for purposes of computing the time within which and determining the place at or to which action may be taken or notices or orders shall be given with respect to bank deposits and collections. Amends O.C.G.A. Sections 11-1-201 and 11-4-106. Effective July 1, 1985. Act 753; HB 712; p. 1517 Provides that a financing statement in a secured transaction shall specify the maturity date of the secured obligation or shall specify that the secured obligation is not subject to a maturity date. Provides that a financing statement shall be effective for a period of five years from the date of filing or until the twentieth day following the maturity date specified in the financing statement, whichever is earlier. Amends O.C.G.A. Sections 11-9-402 and 11-9-403. Effective July 1, 1985, and applicable to financing statements filed on or after that date. TITLE 12 CONSERVATION AND NATURAL RESOURCES Act 739; HB 160; p. 1465 Amends O.C.G.A. Section 12-2-1 so as to provide that with certain exceptions the commissioner of natural resources may designate any person in the Department of Natural Resources to act at any meeting of any association, authority, committee, board, or other body upon which the commissioner serves. Amends O.C.G.A. Section 12-2-2 so as to provide that the commissioner of natural resources shall also be the director of the Environmental Protection Division and that he shall appoint an assistant director of the division. Amends O.C.G.A. Section 12-5-282 so as to reconstitute the membership of the Coastal Marshlands Protection Committee to include the commissioner of natural resources and two persons to be selected by the Board of Natural Resources, with one of such persons to be a resident of - 15 - TITLE 12 (continued) Camden, Glynn, McIntosh, Liberty, Bryan, or Chatham County. Effective April 10, 1985. Act 595; HB 277; p. 906 Regulates exploration of and interference with submerged prehistoric and historic sites, ruins, wrecks, and artifacts in the Atlantic Ocean within the three-mile territorial limit of the state or within the state's navigable waters. Provides that title to such sites is in the state and that they may be explored, surveyed, or recovered only after issuance of a permit from the Department of Natural Resources. Provides a hearing procedure for any person aggrieved by action of the department with respect to its regulation of archeological sites. Amends O.C.G.A. Chapter 12-3. Effective July l, 1985. Act 391; SB 205; p. 465 Removes the Lieutenant Governor from the membership of the Stone Mountain Memorial Association and provides for an additional member of the association to be appointed by the Governor. Amends O.C.G.A. Section 12-3-193. Effective July l, 1985. Act 385; SB 133; p. 448 Authorizes the Stone Mountain Memorial Association to exercise the police powers of the state within its facilities, to adopt ordinances including traffic ordinances, and to appoint security officers with the power of arrest. Provides that the association shall continue to stock and sell confederate memorabilia. Enacts O.C.G.A. Section 12-3-194.1. Effective March 27, 1985. Act 567; HB 271; p. 801 Creates the Georgia Agricultural Exposition Authority for the purpose of the provision of a facility for agricultural expositions, the exhibition and promotion of the agricultural accomplishments of the state's young people, and other public events, exhibits, and activities and the promotion and staging of a state-wide fair for such purposes on at least an annual basis. Enacts O.C.G.A. Sections 12-3-470 through 12-3-484. Effective July 1, 1985. - 16 - TITLE 12 (continued) Act 553; HB 495; p. 700 Provides for the establishment of nongame wildlife conservation programs and wildlife habitat acquisition programs and educational activities in support thereof by the Department of Natural Resources. Establishes the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund for the financing of such programs. Provides that Georgia income tax forms for taxable years beginning on or after January 1, 1989, or such earlier date as is determined to be feasible by the Governor shall contain provisions to allow taxpayers to make donations to the fund by contributing all or part of a tax refund or adding a contribution to the amount of taxes due. Enacts 0.C.G.A. Sections 12-3-500 through 12-3-502. Effective July l, 1985. Act 648; HB 254; p. 1110 Creates as a joint committee of the General Assembly the Georgia Agricultural Exposition Authority Committee and provides for the duties of the committee with respect to revie1 and evaluation of the activities oi the Georgia Agricultural Exposition Authority. Enacts O.C.G.A. Sections 12-3-500 through 12-3-504. Effective July l, 1985. Act 639; SB 210; p. 1075 Provides that it shall be a misdemeanor to enter a cave which is posted against trespassing or a cave with a lock, gate, door, or other obstruction designed to control or prevent access to the cave without the express written permission of the owner. Amends O.C.G.A. Section 12-4-143. Effective July 1, 1985. Act 583; HB 25; p. 879 Provides that, upon transfer of ownership of a surface mining operation, the new owner may under certain conditions continue mining activities under the permit of the previous owner. Increases from $1,000.00 to $2,500.00 per acre the maximum amount of bond which may be required of a surface mining operation and provides for periodic adjustments of the amount of bonds required. Amends O.C.G.A. Section 12-4-175. Effective April 4, 1985. - 17 - TITLE 12 (continued) Act 673; HB 32; p. 1192 Renames the "Water Well Standards Act of 1976" as the "Water Well Standards Act of 1985." Transfers responsibility for the licensing and regulation of well drillers from the office of the Secretary of State to the Environmental Protection Division of the Department of Natural Resources. Extensively revises existing regulations and provides extensive new regulations relating to wells and boreholes. Amends O.C.G.A. Sections 12-5-120 et seq. Effective July 1, 1985. Act 640; SB 232; p. 1077 Requires any person who cuts trees or timber to furnish the owner of the land from which the timber is cut with a wood load ticket containing specified information about each load of wood removed from the property. Exempts the sale of wood for firewood and lump sum sales wherein the landowner and the purchaser agree on a total price for all timber purchased. Enacts O.C.G.A. Section 12-6-23. Effective July 1, 1985. Act 675; HB 35; p. 1224 Authorizes the Environmental Protection Division of the Department of Natural Resources and soil and water conservation districts to provide technical assistance to counties and municipalities for the purpose of improving their erosion and sedimentation control programs. Changes provisions relating to revocation of the authority of counties and municipalities to issue permits for land-disturbing activities. Changes the requirements for exemptions from permitting for land-disturbing activities. Amends O.C.G.A. Chapter 12-7. Effective April 10, 1985. Act 54; HB 168; p. 266 Amends the "Georgia Hazardous Waste Management Act" so as to redefine the types of waste subject to regulation under the Act and change other definitions of terms. Changes provisions relating to the interim status of persons engaging in activities which become subject to the Act and provides for termination of such interim status within certain time periods. Changes provisions relating to the type and scope of financial responsibility which the director of the Environmental - 18 - TITLE 12 (continued) Protection Division of the Department of Natural Resources may require of persons carrying on activities subject to the Act. Changes provisions relating to the hazardous waste trust fund maintained by the director. Changes provisions relating to civil enforcement of the Act, redefines crimes involving hazardous waste, and increases the penalties for such crimes. Amends 0.C.G.A. Sections 12-8-62 through 12-8-83. Effective March 14, 1985. TITLE 13 CONTRACTS Act 632; SB 91; p. 1043 Provides that periodic progress payments must be made to contractors and subcontractors on state and local government contracts. Provides that retainage on progress payments shall not exceed 10 percent and provides that retainage shall cease to be withheld when 50 percent of the project is satisfactorily completed. Exempts road construction contracts of the Department of Transportation and contracts whose value or duration does not exceed $150,000.00 or 45 days. Enacts O.C.G.A. Section 13-10-2. Effective July 1, 1985. TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Act 695; HB 174; p. 1302 Eliminates the requirement that the issuance of rights or options to purchase corporate shares to directors, officers, or employees of the corporation be approved by the shareholders. Changes provisions relative to corporate shares which do not carry a preemptive right to purchase unissued shares. Changes the statutory procedure for the redemption, surrender, cancellation, or payment of preferred shares and other securities and provides that this statutory procedure is not exclusive of other nonstatutory procedures. Provides that actions taken by written consent of the shareholders rather than by shareholders' meeting may be taken by less than all shareholders if so provided in the articles of incorporation. Changes requirements for notices of rights to dissent from corporate actions so that notice is required only if the right to dissent exists. Changes provisions relating to - 19 - TITLE 14 (continued) the minimum required number of corporate directors and changes provisions relating to the standard of care required of corporate officers and directors. Amends O.C.G.A. Sections 14-2-86, 14-2-98, 14-2-111, 14-2-112, 14-2-141, 14-2-152, 14-2-212, and 14-2-231. Effective July 1, 1985. Act 413; HB 309; p. 527 Provides that certain corporate transactions which consist of mergers, consolidations, transfers of assets, transfers of securities, liquidations, dissolutions, or reclassifications of securities where a shareholder is a party to the transaction or interested in the transaction must be approved by directors or shareholders other than those who are parties to or interested in the transaction. Provides that such requirements shall apply to a corporation only if the bylaws of the corporation specify that they are to apply. Enacts O.C.G.A. Sections 14-2-232 through 14-2-235. Effective July l, 1985. Act 693; HB 171; p. 1281 Authorizes the Secretary of State to investigate and issue subpoenas with respect to suspected violations of the requirement that a foreign corporation obtain a certificate of authority in order to transact business in the state. Enacts O.C.G.A. Section 14-2-394. Effective July 1, 1985. Act 732; HB 887; p. 1436 Makes extensive amendments to the new Georgia "Uniform Partnership Act," O.C.G.A. Chapter 14-8, which was enacted in 1984 and will become effective April 1, 1985. Effective April l, 1985. Act 520; HB 311; p. 619 Requires that every professional association must have and continually maintain a registered office and registered agent. Increases the filing fee for annual reports of professional associations from $1.00 to $10.00. Decreases the penalty for failure to file an annual report from $50.00 to $25.00 and provides for enforcement of such penalties by the Attorney General at the direction of the Secretary of State. - 20 - TITLE 14 (continued) Amends O.C.G.A. Section 14-10-13. Effective July 1, 1985. TITLE 15 COURTS Act 34; HB 88; p. 245 Authorizes the Governor, upon the occurrence of a vacancy in any judgeship of a court which is served by only one judge, to appoint a judge of a court of record as an interim judge to fill the vacancy until the vacancy is permanently filled. Amends O.C.G.A. Section 15-1-9.1. Effective February 28, 1985. Act 56; HB 37; p. 281 Amends O.C.G.A. Section 15-6-3 so as to change the terms of superior court for Forsyth County of the Blue Ridge Judicial Circuit. Effective July 1, 1985. Act 382; SB 90; p. 440 Amends O.C.G.A. Section 15-6-17 so as to provide that, in any county in which a state correctional institution is located, one or more judges of the superior court of the county shall be authorized to conduct habeas corpus and other nonjury proceedings involving inmates of the institution in a suitable room at the institution. Effective July l, 1985. Act 380; SB 61; p. 434 Increases the compensation of and changes provisions relating to step increases in the compensation of secretaries of superior court judges and district attorneys who are paid from state funds. Amends 0.C.G.A. Sections 15-6-25 and 15-18-7. Effective July 1, 1985. Act 692; HB 144; p. 1279 Provides that the chief judge of superior court of each judicial circuit may employ a court administrator for the circuit instead of employing a law clerk for the circuit. Amends O.C.G.A. Section 15-6-28. Effective July 1, 1985. - 21 - TITLE 15 (continued) Act 658; SB 95; p. 1130 Creates the Council of Superior Court Judges of Georgia to be composed of the judges, senior judges, and judges emeriti of the superior courts and provides for the administration of the council. Enacts O.C.G.A. Section 15-6-34. Effective July 1, 1985. Act 420; HB 711; p. 549 Increases the minimum annual salaries of clerks of superior court who are compensated on the salary basis. Amends O.C.G.A. Sections 15-6-88. Effective January l, 1986. Act 681; HB 74; p. 1247 Amends O.C.G.A. Section 15-9-2 so as to restate the qualifications for the office.of judge of the probate court and provide for the filing of affidavits of eligibility by candidates for election to such office. Effective July l, 1985. Act 600; HB 343; p. 932 Amends O.C.G.A. Sections 15-9-63 and 15-9-64 so as to increase the minimum salaries of the judges of the probate courts. Effective July l, 1985. Act 145; HB 647; p. 352 Provides that any magistrate court of a county having a population of 550,000 or more which was in existence on June 30, 1983, and which on that date had any jurisdiction over misdemeanor cases and any jurisdiction over the enforcement of municipal ordinances shall continue to have the same jurisdiction over such matters. Amends O.C.G.A. Section 15-10-2.1. Effective March 20, 1985. Act 624; SB 87; p. 1003 Provides for the authority of magistrate courts over issuance of subpoenas for the production of documentary evidence. Provides for procedures in magistrate courts for postjudgment discovery in aid of any judgment or execution issued by any court in this state upon which the unpaid balance does not exceed $2,500.00. - 22 - TITLE 15 (continued) Amends O.C.G.A. Section 15-10-2 and enacts 0.C.G.A. Section 15-10-50. Effective July l, 1985. Act 528; SB 88; p. 636 Provides that each magistrate taking office after July 1, 1985, shall, before entering on the performance of his duties, execute bond in the amount of $25,000.00, or such higher amount as may be fixed by local law, for the faithful performance of his duties. Provides that magistrates in office on July 1, 1985, shall execute such a bond not later than September 1, 1985. Provides that the chief magistrate of each county may, by local rule of court, authorize the clerk or deputy clerks of the court to sign any notice or summons in any civil action pending in the court. Amends 0.C.G.A. Section 15-10-20 and enacts 0.C.G.A. Section 15-10-50. Effective July 1, 1985. Act 524; SB 7; p. 627 Provides that the method of service of civil claims in magistrate court shall be by personal service on the defendant, by leaving a copy at the defendant's dwelling place or usual place of abode with a person of suitable age or discretion residing therein, or by delivery to an agent authorized by appointment or by law to receive service of process. Amends O.C.G.A. Section 15-10-43. Effective March 28, 1985. Act 371; SB 123; p. 417 Provides that the chief magistrate of any county may establish a schedule of cash bonds for persons charged with violations of county ordinances. Provides that a person who has been charged with a violation of a county ordinance and who has not been arrested may, but shall not be required to, post a cash bond for his appearance at trial. Provides that a bond forfeiture upon failure to appear shall be deemed to constitute acceptance of a guilty plea and payment of a fine unless the court orders actual prosecution, in which case the bond forfeiture shall be credited against any fine subsequently imposed. Enacts O.C.G.A. Section 15-10-63.1. Effective July 1, 1985. - 23 - TITLE 15 (continued) Act 724; HB 653; p. 1416 Provides that a judge of the magistrate court who is an active member of the State Bar of Georgia shall not be required to take the initial training otherwise required to become a certified magistrate but shall be required to take the annual training required of magistrates. Amends O.C.G.A. Sections 15-10-131 and 15-10-137. Effective July 1, 1985. Act 698; HB 185; p. 1313 Amends O.C.G.A. Section 15-11-2 so as to provide that for the purpose of laws relating to juvenile justice the term ''shelter care'' means a licensed foster home, a home approved by the court which may be a public or private home or the home of che noncustodial parent or a relative, or a facility operated by a licensed child welfare agency. Amends O.C.G.A. Section 15-11-20 so as to provide that a child alleged to be delinquent may be detained in a public or private home or the home of the noncustodial parent or of a relative with the approval of the court. Amends 0.C.G.A. Section 15-11-21 so as to change the manner of calculating the 72 hour period of time within which an informal detention hearing must be held with respect to a child alleged to be delinquent, unruly, or deprived. Effective April 10, 1985. Act 587; HB 101; p. 887 Provides that the prohibition against a jury commissioner succeeding himself in office shall apply only to a jury commissioner who has served as such for moce than three years. Amends O.C.G.A. Section 15-12-20. Effective July l, 1985. Act 751; HB 85; p. 1511 Revises provisions relating to grand juries and trial juries. Provides that the number of jurors on the grand jury shall be established by the jury commissioners but shall be at least four times the number of grand jurors required to be drawn in the county annually and shall not exceed 5,000. Provides that a county which utilizes mechanical or electronic means for the selection of jurors may under court rule contract for the drawing of trial and grand jurors with any private entity in the state or with any public entity with which the county is otherwise authorized - 24 - TITLE 15 (continued) to contract. Provides that all civil trial juries in superior courts shall consist of 12 jurors and that all civil trial juries in state courts shall consist of six Jurors, except that either party to a state court civil action may demand a jury of 12 members if the amount in controversy exceeds $10,000.00. Provides that all trial juries in all misdemeanor cases shall consist of six Jurors, with four peremptory challenges for the defendant and two for the state. Amends O.C.G.A. Sections 15-7-45, 15-12-40, 15-12-42, 15-12-122, 15-12-123, 15-12-125, and 15-12-126. Effective July 1, 1985. Act 634; SB 119; p. 1053 Eliminates the requirement that the district attorney commence proceedings against a county governing authority which is reported by the grand jury as having failed to comply with the laws relating to public buildings and public records. Amends 0.C.G.A. Sections 15-12-79 and 36-9-10. Effective July 1, 1985. Act 378; SB 43; p. 430 Amends O.C.G.A. Sections 15-16-20 and 15-16-20.1 so as to increase the minimum annual salaries of sheriffs. Effective January l, 1986. Act 405; HB 157; p. 512 Provides that any person who is 70 years of age or older may upon completion of an affidavit form furnished by the board of jury commissioners have his name removed from the jury list of the county. Amends O.C.G.A. Section 15-21-1. Effective July 1, 1985. TITLE 16 CRIMES AND OFFENSES Act 525; SB 26; p. 628 Amends O.C.G.A. Section 16-5-21 so as create the offense of aggravated assault upon a state or local correctional officer in the performance of his duties and provides that such offense shall be punished by imprisonment for not less than five nor more than 20 years. Amends O.C.G.A. Section 16-5-24 so as to create the offense of aggravated battery upon a state or local correctional - 25 - TITLE 16 (continued) officer in the performance of his duties and provides that such offense shall be punished by imprisonment for not less than ten nor more than 20 years. Effective March 28, 1985. Act 745; HB 710; p. 1491 Increases from $100.00 to $500.00 the amount of property damage which distinguishes the offense of criminal trespass from the offense of criminal damage to property in the second degree. Amends 0.C.G.A. Sections 16-7-21 and 16-7-23. Effective July l, 1985. Act 396; SB 240; p. 484 Increases from $100.00 to $500.00 the amount of damage to property which distinguishes the offense of criminal trespass from the offense of criminal damage to property in the second degree. Amends 0.C.G.A. Sections 16-7-21 and 16-7-23. Effective July 1, 1985. Act 629; SB 57; p. 1036 Provides that the minimum penalty for an armed robbery involving the taking of a controlled substance from a pharmacy or wholesale druggist shall be ten years' imprisonment. Provides that if such an offense also involves intentional bodily injury then the minimum penalty shall be 15 years' imprisonment. Amends O.C.G.A. Section 16-8-41. Effective July 1, 1985. Act 367; SB 42; p. 411 Provides that it shall be a misdemeanor for any person to solicit or accept a fee, consideration, or donation or to offer for sale or to sell advertising as a representative of a fire-fighting organization or under the guise of representing a fire-fighting organization unless such person is employed by, is acting pursuant to the authority of, or is a member of such organization. Amends O.C.G.A. Section 16-9-57. Effective July 1, 1985. Act 549; HB 220; p. 692 Provides that it shall be a misdemeanor to sell or convey any motor vehicle which was not manufactured to comply with federal emission and - 26 - TITLE 16 (continued) safety standards unless the appropriate federal agencies have certified that the vehicle complies with the applicable standards. Enacts 0.C.G.A. Section 16-9-110. Effective July l, 1985. Act 669; HB 940; p. 1184 Provides that any person who is convicted of or pleads guilty to conspiracy in restraint of free and open competition or conspiracy in restraint of trade in transactions with the state or political subdivisions shall be prohibited from bidding for or participating in any contract with the state or its political subdivisions for a period of five years following the date of conviction or entry of the plea. Amends 0.C.G.A. Section 16-10-22. Effective July 1, 1985. Act 375; SB 166; p. 425 Provides that a person who has possession of a firearm or a knife having a blade of three or more inches in length during the commission of a felony involving controlled substances or illegal drugs is guilty of a felony by reason of such possession. Amends 0.C.G.A. Section 16-11-106. Effective July l, 1985. Act 381; SB 62; p. 437 Provides that chain letters, pyramids, and similar schemes shall constitute criminally prohibited lotteries and provides that participation in any such scheme shall be a misdemeanor of a high and aggravated nature. Amends 0.C.G.A. Section 16-12-20 and enacts 0.C.G.A. Section 16-12-38. Effective March 27, 1985. Act 588; HB 205; p. 888 Amends 0.C.G.A. Sections 16-12-24 and 16-12-30 so as to provide that criminal laws relating to gambling shall not prohibit the possession of an antique slot machine manufactured prior to January l, 1950, which is not used for gambling and is not on the premises of a club or an establishment where alcoholic beverages are sold. Effective July 1, 1985. - 27 - TITLE 16 (continued) Act 586; HB 99; p. 886 Amends O.C.G.A. Section 16-12-35 so as to provide that the criminal laws relating to gambling shall not prohibit the manufacture, sale, possession, or transportation in the state of materials, equipment, and devices used or designated for use in a lottery conducted by another state or country and shall not prohibit the demonstration in this state of such material, equipment, and devices to authorized representatives of other states and countries. Effective July 1, 1985. Act 727; HB 683; p. 1421 Provides that every hospital and clinic in which abortions are performed and every laboratory to which aborted fetuses are delivered must dispose of the aborted fetuses by cremation, interment, or other method approved by the commissioner of human resources. Requires such facilities to make periodic reports of the manner in which they dispose of fetuses. Enacts O.C.G.A. Section 16-12-141.1. Effective July 1, 1985. Act 674; HB 33; p. 1219 Amends O.C.G.A. Chapter 16-13 so as to revise the schedules of controlled substances and dangerous drugs and so as to change certain provisions relating to criminal offenses involving controlled substances and dangerous drugs. Effective April 10, 1985. Act 422; SB 147; p. 552 Increases the mandatory punishment for the criminal offense of trafficking in cocaine. Creates within the Georgia Bureau of Investigation a Special Cocaine Task Force. Authorizes the Georgia Bureau of Investigation to purchase and operate a mobile cocaine education van which shall be available to schools, industries, and communities. Amends O.C.G.A. Section 16-13-31 and enacts O.C.G.A. Sections 35-3-9.1 and 35-3-9.2 Effective July 1, 1985. - 28 - TITLE 17 CRIMINAL PROCEDURE Act 646; HB 231; p. 1105 Provides that a retired judge or judge emeritus of a state court may hear applications for and issue arrest warrants and search warrants if the retired judge is authorized to do so by an active judge of the state court of the county wherein the warrants are to be issued. Amends O.C.G.A. Sections 17-4-40, 17-5-21, and 17-7-25. Effective April 4, 1985. Act 370; SB 86; p. 416 Revises the list of offenses which are bailable only before a superior court judge to include offenses involving Schedule I or II controlled substances rather than narcotic drugs. Amends O.C.G.A. Section 17-6-1. Effective July 1, 1985. Act 611; HB 602; p. 982 Amends 0.C.G.A. Section 17-6-72 so as to provide that a criminal appearance bond shall not be forfeited if it is shown that prior to the bond forfeiture hearing the principal on the bond is in the custody of the sheriff or other responsible officer of the jurisdiction in which the bond forfeiture proceedings were commenced. Effective July 1, 1985. Act 529; SB 129; p. 637 Provides that when the defense of insanity is interposed in a criminal case the court shall appoint at least one psychologist or psychiatrist to examine the defendant and testify at the trial. Provides that when a defendant is found to be guilty but mentally ill the defendant shall after examination be committed either to the Department of Offender Rehabilitation or to the Department of Human Resources. Provides for jury instructions as to the effect of a verdict of not guilty by reason of insanity and the effect of a verdict of guilty but mentally ill. Provides that a civil term of court shall be excluded in computing the term of court at which a misdemeanor case must be tried following a demand for speedy trial. Enacts O.C.G.A. Section 17-7-130.1 and amends O.C.G.A. Sections 17-7-131 and 17-7-170. Effective July 1, 1985. - 29 - TITLE 17 (continued) Act 672; HB 27; p. 1190 Provides that in any criminal trial, when a person under the age of 16 is testifying concerning a sex offense, the courtroom shall be cleared of all persons except parties to the cause and their immediate families, attorneys and their secretaries, officers of the court, jurors, and reporters. Provides that in any criminal trial the testimony of any victim of certain sexual offenses who is 14 or younger may be presented to the jury out of open court by live television rather than in person. Renumbers O.C.G.A. Sections 17-8-54 and 17-8-55 as 17-8-56 and 17-8-57 and enacts new O.C.G.A. Sections 17-8-54 and 17-8-55. Effective April 10, 1985. Act 559; SB 75; p. 739 Provides that in criminal cases other than those in which the death penalty or life imprisonment must be imposed, the judge may, prior to sentencing, consider a written or oral victim impact statement if the defendant caused physical, psychological, or economic injury in the commission of a felony or caused serious physical injury or death in the commission of a misdemeanor. Provides that if a victim impact statement was not allowed to be submitted prior to sentencing then a victim impact statement may be submitted to the State Board of Pardons and Paroles. Provides that the board shall make forms for victim impact statements available to prosecuting attorneys and that prosecuting attorneys shall on request make such forms available to victims. Provides that if the address of a victim of a crime against the person has been provided to the State Board of Pardons and Paroles then the board shall give notice to the victim within 72 hours after the board reaches a decision to parole an inmate. Enacts O.C.G.A. Sections 17-10-1.1 and 17-10-1.2 and amends O.C.G.A. Section 42-9-47. Effective July l, 1985, and applicable only to cases filed on or after that date. Act 738; HB 159; p. 1463 Provides that, in fixing the date of execution of a person sentenced to the death penalty, the court shall fix a period of seven days within which the execution is to be carried out rather than fixing a specific date. - 30 - TITLE 17 (continued) Amends O.C.G.A. Sections 17-10-34 and 17-10-40. Effective July 1, 1985. Act 30; HB 167; p. 231 Provides that, when an inmate of the state penal system has been ordered in a restitution order to make restitution for any damage to state property caused by the inmate, the Department of Offender Rehabilitation may order the seizure of all moneys in or coming into the monetary account of the inmate. Amends O.C.G.A. Section 17-14-13. Effective February 26, 1985. TITLE 18 DEBTOR AND CREDITOR Act 762; HB 59; p. 1632 Amends O.C.G.A. Sections 18-4-20, 18-4-66, and 18-4-118 so as to provide that a summons of garnishment, including a summons of continuing garnishment, may set forth on its face the social security number of the defendant. Amends O.C.G.A. Section 18-4-97 so 'S to increase from $15.00 to $25.00 the minimum amount of expenses which a garnishee may deduct from amounts paid into court. Amends O.C.G.A. Section 18-4-110 so as to provide that continuing garnishment may be used to enforce a money judgment of a federal court sitting in this state. Effective July l, 1985, and applicable to proceedings commenced on or after that date. TITLE 19 DOMESTIC RELATIONS Act 565; HB 155; p. 785 Enacts O.C.G.A. Sections 18-4-130 through 18-4-135 so as to create a new continuing garnishment procedure for the garnishment of wages and retirement benefits to satisfy arrearages under and current payments due under child support and alimony judgments and administrative orders. Enacts O.C.G.A. Sections 19-6-28 through 19-6-30 so as to provide that violation of court orders for child support and alimony shall be punishable by contempt; to provide that orders for child support may include provisions for accident and sickness insurance; and to provide that future child support orders shall contain or be deemed to contain a provision making the order enforceable - 31 - TITLE 19 {continued) by continuing garnishment for support. Amends O.C.G.A. Sections 19-11-6, 19-11-8, and 19-11-20 and enacts O.C.G.A. Sections 19-11-25 and 19-11-26 so as to provide that under the "Child Support Recovery Act" the acceptance of foster care maintenance payments under Title IV-E of the Social Security Act shall constitute an assignment to the Department of Human Resources of the right to child support owed for the child. Provides that the department shall provide enforcement services for children not receiving public assistance and shall provide enforcement services with respect to alimony due under court order to a spouse who is receiving public assistance. Authorizes the department to appear in judicial proceedings on behalf of spouses and dependents to enforce the parties' rights to support payments. Provides that the department shall enforce alimony orders when child support is being collected along with alimony. Requires employers to recognize and comply with assignments of wages to the department which are executed by parents responsible for child support. Provides that the department shall make information concerning amounts of overdue support avai lat '.e to consumer credit reporting agencies under certain circumstances. Authorizes the department to seek modification of child support orders to include provisions for accident and sickness insurance. Amends O.C.G.A. Section 19-11-53 so as to provide that district attorneys representing a petitioner under the "Uniform Reciprocal Enforcement of Support Act" where the petitioner is a recipient of public assistance may require the completion of an application and the payment of a fee and shall furnish monthly reports concerning collections. Amends 0.C.G.A. Section 48-7-161 so as to provide that the Department of Human Resources may undertake setoff debt collection from state income tax refunds in cases where debts are enforceable by the department as well as where debts are collectable by the department. Amends O.C.G.A. Section 48-7-165 so as to provide that hearing procedures for a contested state income tax refund setoff may be consolidated with similar procedures involving federal income tax refunds. Effective July 1, 1985. Act 612; HB 614; p. 983 Provides that family violence shelter and social service agency staff members designated by the court may explain to victims of family violence the - 32 - TITLE 19 (continued) procedures for filling out and filing forms and pleadings necessary for the presentation of a petition in a superior court proceeding for the prevention of family violence. Authorizes superior court clerks to provide forms to such staff members and to victims of family violence. Amends 0.C.G.A. Section 19-3-3. Effective July 1, 1985. Act 582; HB 11; p. 877 Amends 0.C.G.A. Section 19-6-2 so as to provide that the court's discretionary power to grant attorney's fees in divorce and alimony cases shall include the power to grant attorney's fees in cases involving contempt of court orders for property division, child custody, and child visitation rights. Effective April 4, 1985. Act 55; HB 907; p. 279 Amends 0.C.G.A. Section 19-6-19 so as to eliminate the requirement that 90 days elapse following the filing of an action for rev