Summary of general statutes enacted at the 1990 session of the General Assembly of Georgia

SUMMARY OF GENERAL STATUTES ENACTED
AT THE 1990 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 JOSEPH E. KENNEDY SENATOR TERRELL STARR
SENATOR LOYCE W. TURNER REPRESENTATIVE TERRY L. COLEMAN
REPRESENTATIVE JACK CONNELL REPRESENTATIVE LAUREN MCDONALD, JR.
REPRESENTATIVE CHARLES THOMAS REPRESENTATIVE LARRY WALKER
GLENN W. ELLARD Clerk, House of Representatives
SEWELL R. BRUMBY Legislative Counsel

THOMAS B MURPHY SPeHR HOUEO,REPRE5ENUTo<C$
HAMILTON McWHORTER JR SECRSURYC"THE5ENTE
:ZELL MILLER PRESIDENT0,TH<$EN>TE
GLENN W ELLARO CLCRK HQUSeoREPRCSENUT,y,c5

LEGISLATIVE SERVICES COMMITTEE
OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL
ATLANTA GEORGIA 30334 14041 656 5000

COMMITTEE MEMBERS SENATORS
LAUREN McOONALO JR CHARLES THOMAS

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 1990 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 5,295 bills, resolutions, and amendments for the 1990 session. Of this number 1,145 had been prepared by the convening date of the session, leaving a total of 4,150 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 me.
Sincerely yours,

TBM:jp

;,,,"/17
THOMAS 8. MURPHY Chairman Legislative Services Committee

FOREWORD
This booklet contains a summary of the general statutes of state-wide application which were enacted at the 1990 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 to 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 the Act in its entirety.
It should be pointed out that for specific, detailed information on any particular law, the Act itself should be examined. Acts may be readily located in the Georgia Laws by Act number, since the Acts are published in the Georgia Laws in numerical order by Act number. In addition, the bound volumes of the Georgia Laws contain a table for converting Act numbers to Georgia Laws page numbers.
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. Comments and suggestions for improvement are welcomed and should be directed to the Office of Legislative Counsel.
Sewell R. Brumby Legislative Counsel

GENERAL ASSEMBLY 1990 SESSION SUMMARY

HOUSE BILLS

INTRODUCED

PASSED

SIGNED/VETOED BY THE GOVERNOR

Pending from the 1989 Session Introduced during 1990 Session

566
956 l5TI

83
501 584

83

0

490

11

573 TI

Generals Passed, 289 Locals Passed ....... 295
ill .... .Sent to the Governor for signature approval.

INTRODUCED

ADOPTED

SIGNED/VETOED BY THE GOVERNOR

Pending from the 1989 Session Introduced during 1990 Session

93

2

687

590

780

592

2

0

39

0

41

0

Locals Adopted....... l

Generals Adopted .. ,. 31

Constitutional

-rr..... Amendments Adopted. . 9

Sent to the Governor for signature approval.

Privilege Adopted .... 551
592

INTRODUCED

PASSED

SIGNED/VETOED BY THE GOVERNOR

Pending from the 1989 Session Introduced during 1990 Session

251 360

"156

6iT

T85

28

1

150

6

178

7

Generals Passed ...... 146 Locals Passed ........ 39
Tss..... Sent to the Governor for signature approval.

SENATE RESOLUTIONS

INTRODUCED

ADOPTED

SIGNED/VETOED BY THE GOVERNOR

Pending from the 1989 Session Introduced during l 990 Session

36
297
TI3

5
255
260

0

18

0

22 0

Generals Adopted ... 21 Constitutional Amendments Adopted. . . 1
"'TI ..... Sent to the Governor for signature approval.
Privilege Adopted .... 238 260

TOTAL BILLS
House Senate

INTRODUCED

PASSED

SIGNED/VETOED BY THE GOVERNOR

1522 611
TITI

584
185
769

573

11

178

7

751 Ts

769 ..... Sent to the Governor for signature approval.

TOTAL RESOLUTIONS
House Senate

INTRODUCED

ADOPTED

SIGNED/VETOED BY THE GOVERNOR

780 333
TIT3

41

22

0

TI

0

63 ..... Sent to the Governor for signature approval.

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 1 GENERAL PROVISIONS

Act 714; HB 1278

This Act makes extensive editorial

amendments to the Official Code of

Georgia

Annotated

to

correct

typographical, stylistic, and other

errors and omissions and reenacts the

statutory portion of the Code as so

amended.

Effective February 16, 1990.

Act 1418; HB 1854
This Act amends various provisions of the Official Code of Georgia Annotated so as to provide for the effects of changes in the decennial census data and changes in congressional districts with respect to the membership of various boards, commissions, and bodies.
Effective July 1, 1990.

Act 718; HB 1275
This Act amends all references to the United States Veterans' Administration to refer to the United States Department of Veterans Affairs. References to the director of veterans' affairs are changed to the secretary of veterans' affairs.
Effective February 16, 1990.

Act 1335; SB 364
This Act provides that general law salary increases for constitutional county officers shall not be effective until the first day of January following enactment of the increase. The Act further provides that any increases for municipal officers or employees shall not be effective until the first day of the fiscal year of each municipal corporation following enactment of such increase.
The Act enacts o.c.G.A. Section 1-3-4.1.
Effective April 11, 1990.

Act 888; SB 488
This Act provides for Children's Day to be the first Sunday in October, beginning in 1990.
The Act enacts o.C.G.A. Section 1-4-8. Effective March 20, 1990.

Act 1252; SB 663
This Act provides that April 9 of each year be designated as Former Prisoners of War Recognition Day.

- 1-

TITLE 1 (continued)

The Act enacts o.c.G.A. Section 1-4-8. Effective July 1, 1990.

TITLE 2 AGRICULTURE

Act 1220; SB 460
This Act removes the Secretary of State from membership on the Georgia Agrirama Development Authority, the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the Lake Lanier Islands Development Authority, and the Upper Savannah River Development Authority.
The Act amends O.C.G.A. Sections 2-3-5, 12-3-193, 12-3-233, 12-3-312, and 12-3-401.
Effective July 1, 1990.

VETO NO. 18; HB 1889

This Act creates the Georgia Agrirama

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hority is

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o



apter 3 of

Title 2.

The Act enacts O.C.G.A. Sections

2-3-20 through 2-3-23.

Act 1292; HB 552
This Act amends the "Georgia Pesticide Use and Application Act of 1976" so as to provide that commercial aerial applicators of crop protection products and pesticide contractors applying crop protection products to agricultural crops shall not be required to file proof of financial responsibility as required under Code Section 2-7-103.
The Act amends O.C.G.A. Section 2-7-99.
Effective July 1, 1990.

Act 708; HB 1244
This Act amends the provisions relating to the referendum on assessments for boll weevil suppression and eradication programs so as to provide that if the certified cotton growers' organization determines that the amount of such assessments should be changed or that the period for collection of such assessments should be extended, then an additional referendum shall be conducted.

- 2-

TITLE 2 (continued)

The Act amends O.C.G.A. Section 2-7-156.
Effective February 6, 1990.

Act 1382; HB 1105

This Act enacts the "Emerging Crops

Fund Act" and establishes the Emerging

Crop Fund as a separate fund of the

Georgia Development Authority to be used

to make interest loans on loans made to

farmers for nonland capital costs of

establishing production of emerging

crops on land in Georgia. The fund

shall be administered by the Georgia

Development Authority.

The Act

authorizes appropriation of funds by the

General Assembly for the purposes of

such fund. The Act provides definitions

and sets the maximum amount of interest

loans from the fund for the benefit of

any one farmer at $50,000.00.

The Act enacts O.C.G.A. Sections

2-8A-l through 2-8A-7.

Effective January 1, 1991, only if an

amendment

to

the Constitution

authorizing the General Assembly to

provide by general law for an emerging

crops fund to pay interest on certain

loans made to farmers and authorizing

the appropriation of funds for the

purposes of such fund is ratified at the

1990 general election.

Act 1072; SB 518

This Act changes the definition of the

term "farmers' market" so as to include

facilities used to promote the buying,

selling, or exchange of agricultural

products so determined by the

Commissioner of Agriculture.

The Act

authorizes the commissioner to rent or

lease real property utilized as a

farmers' market to any such persons or

other entities as he believes to be in

the best interests of the state.

The Act amends O.C.G.A. Sections

2-10-52 and 2-10-58.

Effective July 1, 1990.

Act 1095; HB 1367
This Act provides the Commissioner of Agriculture with full and plenary power to deal with honeybee diseases, Africanized bees, or any other threat to honeybees. The Act also changes the maximum compensation for destroyed property from $30.00 to $50.00 per colony.
The Act amends O.C.G.A. Sections 2-14-41 through 2-14-45.
Effective July 1, 1990.

- 3-

TITLE 2 (continued)

Act 1079; SB 665
This Act provides that on and after July 1, 1990, it shall be unlawful for any person, firm, or corporation to offer for sale in this state any dimension lumber stamped according to grade unless it has been stamped by a grading agency licensed by the American Lumber Standards Committee under the auspices of the United States Chamber of Commerce. The Act authorizes the Commissioner of Agriculture to enforce compliance with its provisions.
The Act enacts o.c.G.A. Sections 2-14-120 through 2-14-123.
Effective July 1, 1990.

TITLE 4 ANIMALS

Act 1152; SB 517
This Act provides that at the request of the Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of Chapter 4 of Title 4, relating to the prevention and control of disease in livestock.
The Act amends o.c.G.A. Section 4-4-5. Effective July 1, 1990.

Act 1373; HB 1366

This Act revises the "Georgia Animal

Protection Act," so as to change the

definition of the term "stable." The

Act also provides that in the control,

suppression, prevention, and eradication

of animal diseases, the Commissioner of

Agriculture or his representative is

authorized and required to quarantine an

animal, premises, or any area if such

animal or places are infected with a

contagious or infectious disease. The

Act increases the license fees by 100

percent for the renewal of any license

which is not renewed within ten days

following the expiration date of the

license.

The Act authorizes the

issuance of written or printed stop

sale, stop use, or stop movement orders

by the Commissioner.

The Act amends o.c.G.A. Sections

4-11-2 and 4-11-3 and enacts O.C.G.A.

Section 4-11-9.1.

Effective July 1, 1990.

- 4-

TITLE 4 (continued)

Act 1378; HB 671

This Act enacts o.c.G.A. Section

4-11-5.1, so as to provide that the use

of sodium pentobarbital or a derivative

of it shall be the exclusive method of

euthanasia of dogs and cats by animal

shelters or other facilities which are

operated for the collection and care of

stray, neglected, abandoned, or unwanted

animals. The Act provides for certain

exceptions under certain conditions.

The Act provides that euthanasia shall

be performed by a licensed veterinarian

or physician or a properly trained

person and further provides for certain

record-keeping

requirements

and

inspection requirements. The Act does

not apply within any county having a

population of 25,000 or less.

Effective July 1, 1990.

Act 1076; SB 575

This Act enacts the "Georgia Farm

Animal and Research

Facilities

Protection Act."

The Act provides

criminal penalties for any person who,

without the consent of the owner,

damages or destroys an animal facility

or damages, frees, or destroys any

animal or property in or on an animal

facility. The Act additionally provides

that damages, punitive damages, court

costs, and attorneys' fees may be

recovered and provides for injunctions

and restraining orders.

The Act enacts o.c.G.A. Sections

4-11-30 through 4-11-35.

Effective July 1, 1990.

TITLE 5 APPEAL AND ERROR

VETO NO. 27; SB 238

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cus<ody

TITLE 7 BANKING AND FINANCE
Act 1064; SB 601
This Act provides that certain business activities of a registered securities broker or dealer, such as purchasing certificates of deposit or other deposit instruments issued by a bank or savings association for the
- 5-

TITLE 7 (continued)

account of a customer of such broker or dealer, shall not be considered as engaging in the business of receiving money for deposit or transmission. The Act also permits a registered investment adviser or a registered securities
broker or dealer to act as a corporate fiduciary under certain conditions.
The Act amends O.C.G.A. Sections
7-1-241 and 7-1-242. Effective July 1, 1990.

Act 1063; SB 540
This Act amends O.C.G.A. Section 7-1-650 so as to authorize credit unions to invest certain funds by the buying or selling of loan participations through banks, building and loan associations, savings and loan associations, and credit unions.
Effective July 1, 1990.

Act 1090; HB 1240

This Act authorizes additional

financial institutions and the United

States Postal Service to engage in the

business of selling or issuing checks

without a license and prohibits an

incorporated telegraph company from such

activity without a license. The Act

also revises the reporting requirements

for currency transactions and excludes

from certain reporting requirements

transactions

between

financial

institutions which do not involve the

payment or receipt of currency and which

are accomplished through a wire or

electronic transfer system operated by

the Federal Reserve System or similar

government agency. Regulations to be

promulgated by the commissioner of

banking and finance are authorized.

The Act amends O.C.G.A. Sections

7-1-681, 7-1-911, and 7-1-912.

Effective July 1, 1990.

Act 1194; HB 1208

This Act provides for the regulation

and licensing of check cashers by the

Department of Banking and Finance.

Included in the Act are provisions for

applications

for

licenses,

investigations of applicants, license

renewals,

prohibited

activities,

administrative rules and regulations,

record-keeping

requirements

of

licensees, and maximum fees which may be

charged for the cashing of checks,

drafts, or money orders. Certain

financial institutions are excepted from

the provisions of the Act as well as

persons or businesses which cash checks

incidental to the sale of retail goods

- 6-

TITLE 7 (continued)
or services or if the consideration per instrument does not exceed $1.00 or if the aggregate gross income received from the cashing of checks does not exceed a certain amount. Persons or businesses claiming to be exempt from the licensing provisions of the Act are required to register annually with the Department of Banking and Finance.
The Act enacts o.c.G.A. Article 4A of Chapter 7-1.
Effective July 1, 1990.
Act 889; HB 1610
This Act revises several provisions relating to small minority business development corporations. The minimum amount of capital with which such a corporation shall commence business is reduced to $50,000.00, the requirements that 20 lending institutions agree in writing to become members of such a corporation and that proposed members are in good standing with their respective supervisory authorities are repealed, and the requirement that two-thirds of the board of directors be elected by the members at the annual meeting or a special meeting is changed to one-fifth of the board of directors.
The Act amends o.c.G.A. Sections 7-1-941, 7-1-943, and 7-1-951.
Effective July 1, 1990.
Act 707; HB 1406
This Act revises provisions relative to the interest, finance charges, and other charges and fees which may be imposed and collected in connection with a credit card account by a domestic lender or credit card bank. Finance charges and other charges and fees imposed in connection with credit card accounts are deemed to be interest for the purposes of certain federal statutes. A domestic lender or credit card bank is authorized to modify the terms and conditions of a credit card account as long as prior written notice is given to the debtor and such notice contains certain information.
The Act amends o.c.G.A. Section 7-5-4. Effective February 6, 1990.
TITLE 8 BUILDINGS AND HOUSING
Act 1276; HB 1827
This Act revises water usage requirements relative to toilets, shower heads, faucets, and urinals employed in residential buildings on and after July
- 7-

TITLE 8 (continued)
1, 1991, and employed in commercial buildings on and after July 1, 1992, and provides for legislative findings and purposes. The Act further provides that counties, municipalities, or authorities shall adopt and enforce such requirements in order to be eligible to receive certain state grants, loans, or permits. Counties and municipalities are not prohibited from adopting and enforcing local ordinances which provide stricter water usage requirements for toilets, shower heads, urinals, or faucets.
The Act amends O.C.G.A. Section 8-2-1 and enacts o.c.G.A. Sections 8-2-2 and 8-2-3.
Effective July 1, 1990.

Act 1329; HB 1680
This Act provides that on and after October 1, 1991, the Standard Fire Prevention Code (SBCCI) shall have state-wide application and shall not require adoption by a municipality or county in order to be effective within such county or municipality.
The Act amends O.C.G.A. Sections 8-2-20 and 8-2-25.
Effective July 1, 1990.

Act 1249; SB 508

This Act expands the legislative

purposes and powers of the Georgia

Residential Finance Authority so as to

allow the authority to complete,

rehabilitate, or manage through contract

real and personal property for its

corporate purposes, to invest funds in

certain investment agreements, to issue

bonds subject to federal

income

taxation, to create subsidiary nonprofit

corporations constituting subsidiary

authorities to carry out any of its

powers, and to make loans for the

financing or acquisition of residential

housing in this state.

The Act amends O.C.G.A. Sections

8-3-171, 8-3-172, 8-3-176, 8-3-177,

8-3-180, and 8-3-186.

Effective April 10, 1990.

Act 1443; HB 1159

This Act excludes persons who have

been convicted of an offense arising out

of

the

unlawful

manufacture,

distribution, sale, possession, or use

of a controlled substance or other

dangerous drug from eligibility to

participate in the single-family home

loan program sponsored by the Georgia

Residential Finance Authority.

The

authority is not required to foreclose

- 8-

TITLE 8 (continued)
upon a loan granted upon discovery that an individual had been convicted of one of the above-mentioned offenses or to verify that an applicant for a loan has not been convicted of one of the above-mentioned offenses.
The Act enacts O.C.G.A. Section 8-3-176.1.
Effective July 1, 1990.
Act 1303; HB 1202
This Act comprehensively revises the statutory provisions relative to fair housing and discriminatory practices associated with housing transactions and incorporates many provisions of the federal Fair Housing Amendments Act of 1988. Discrimination based upon a person's handicap or familial status is prohibited as are certain practices in connection with the selling, brokering, or appraising of residential real property or the making or purchasing of loans in connection with residential real property. The powers and functions of the administrator of the office of Fair Employment Practices are expanded and referrals of certain cases to the Attorney General are authorized. Administrative hearings and civil actions are authorized for the enforcement of the Act.
The Act amends O.C.G.A. Article 4 of Chapter 8-3.
Effective July 1, 1990.
TITLE 9 CIVIL PRACTICE
Act 1221; SB 586
This Act amends o.c.G.A. Section 9-2-61 to permit renewal of an action discontinued or dismissed without prejudice for lack of subject matter jurisdiction in a court of this state or a federal court in this state.
Effective April 4, 1990.
Act 1153; SB 553
This Act sets forth the General Assembly's findings that significantly fewer doctors practice obstetrics and that investigation and action are needed to ensure adequate medical care for mothers and children; the Act creates the Governor's Commission on Obstetrics. The commission is directed to undertake a study of all problems and conditions relative to the provision of obstetrical care in the state and recommend action or legislation as necessary on or before December 1, 1990.
- 9-

TITLE 9 (continued)

This Act enacts O.C.G.A. Section 9-9-84.
Effective March 30, 1990; repealed December 1, 1990.

Act 1061; HB 1811
This Act amends o.c.G.A. Section 9-13-13 to allow delivery by certified mail of written notice of a levy on land as an alternative to personal delivery of the notice.
Effective July 1, 1990.

Act 1384; HB 1647
This Act amends O.C.G.A. Section 9-13-161 to change the date for sheriffs' and coroners' sales of property taken under execution to avoid holding such sales on New Year's Day or Independence Day and provides for such sales to take place on the Wednesday immediately following such holiday.
Effective July 1, 1990.

TITLE 10 COMMERCE AND TRADE

Act 1168; HB 1644
This Act provides that in lieu of an annual fee for a license or permit to sell or distribute liquefied petroleum gas in this state, on and after July 1, 1990, a one-time fee of not less than $100.00 nor more than $500.00 shall be charged on a graduated capacity scale for each installation of such person, firm, or corporation doing business in Georgia.
The Act amends o.c.G.A. Sections 10-1-266 and 10-1-269.
Effective July 1, 1990.

Act 1345; SB 529

This Act amends O.C.G.A. Section

10-1-268 to increase the minimum storage

capacity required of every entity

licensed to sell or distribute liquefied

petroleum gas in this state. The Act

provides that if the storage consists of

more than one container, no container

shall be of a size less than 6,000

gallons (water capacity).

The Act

excepts entities initially licensed

prior to July 1, 1990, and authorizes

the state fire marshal, pursuant to

rules and regulations, to waive such

minimum bulk

storage

facility

requirements.

Effective July 1, 1990.

- 10 -

TITLE 10 (continued)

Act 751; SB 457
This Act provides that the right of reproduction of works of fine art sold or transferred by an artist or his heirs or personal representatives is reserved in the granter until the right passes into the public domain pursuant to federal copyright law or is transferred in writing. The Act provides that when a conveyance to reproduce a work of fine art is granted, the ownership of the work of fine art is reserved to the artist unless transferred in writing. The Act restricts the duplication of works of fine art by printers in certain cases unless the customer furnishes an affidavit relating to legal rights authorizing duplication.
The Act enacts o.c.G.A. Section 10-1-510.
Effective July 1, 1990.

Act 1244; HB 1186

This Act provides that when a motor

vehicle franchise

is

terminated,

canceled, or not renewed by the

franchisor, the franchisor shall be

required to purchase from the dealer

certain new and demonstration motor

vehicles and parts and equipment and to

pay for one year of the dealer's

reasonable cost to rent the dealership's

facility or, if the dealer owns the

facility, the equivalent of one year of

the reasonable rental value of the

facility. The Act provides similar

provisions in cases where the dealer

terminates, cancels, or fails to renew a

franchise.

The Act provides for

attorney's fees in certain enforcement

actions and provides for interest

payments in cases where required

compensation has not been paid to the

dealer by a certain date. The Act

authorizes

the

state

revenue

commissioner to hear and resolve

allegations of violations of the laws

relating to motor vehicle franchises and

requires a registration fee from dealers

to fund the cost of enforcing the Act.

The Act amends o.c.G.A. Sections

10-1-641, 10-1-651, and 10-1-662 and

enacts O.C.G.A. Sections 10-1-628 and

10-1-665 through 10-1-668.

Effective May 1, 1990.

Act 1369; HB 1449
This Act enacts the "Georgia Trade Secrets Act of 1990" and provides for injunctive relief and for the recovery of damages for misappropriation of trade secrets. The Act provides that in no event shall a contract be required in order to maintain an action or to obtain

- 11 -

TITLE 10 (continued)

injunctive relief or to recover damages for misappropriation of a trade secret. The Act supersedes conflicting tort, restitutionary, and other laws of this state providing civil remedies for misappropriation of a trade secret
except in three specific instances listed.
The Act amends 0.C.G.A. Article 27 of
Chapter 10-1. Effective July 1, 1990.

Act 1245; HB 1555

This Act enacts the "Motor Vehicle

Warranty Rights Act" which provides that

if the manufacturer, its agent, or the

new motor vehicle dealer is unable to

repair a new motor vehicle and conform

it to the warranty after a reasonable

number of attempts during the lemon law

rights period, the manufacturer shall

replace or repurchase the new motor

vehicle. The Act provides that no new

motor vehicle dealer or distributor

shall be held liable by the manufacturer

or by the consumer for any collateral

charges, damages, costs, purchase price

refunds, or vehicle replacements, and

manufacturers and consumers shall not

have a cause of action against a new

motor vehicle dealer or distributor

under the Act, provided that certain

violations of duties or responsibility

by a dealer shall be enforced through

the administrator. The Act provides

regulations and restrictions on the sale

of motor vehicles which the manufacturer

has replaced or repurchased. The Act

provides that the administrator may

establish a

new motor

vehicle

arbitration panel or panels to settle

disputes between consumers

and

manufacturers and provides that a fee of

$3.00 shall be collected by new motor

vehicle dealers from consumers to raise

funds for carrying out the arbitration

program.

The Act enacts O.C.G.A. Sections

10-1-780 through 10-1-794.

Effective January 1, 1991, provided

that the provisions relating to the

$3.00 fee charged to consumers shall

become effective July 1, 1990.

Act 1080; SB 691
This Act amends o.c.G.A. Section 10-4-10 to provide that a warehouseman who operates two or more warehouses in adjoining counties in conjunction with each other and who keeps only one set of books and records with respect to agricultural products stored in all such warehouses shall be required to have only one license for the operation of all such warehouses.

- 12 -

TITLE 10 (continued)

Effective July 1, 1990.

Act 7 3 3 ; HB 92 3

This Act amends o.C.G.A. Section

10-4-106

to

raise

the maximum

commissions on the gross sales of leaf

tobacco in warehouses from 2 1/2 percent

to 2 3/4 percent of gross sales.

Effective July 1, 1990.

Act 1313; HB 1463

This Act provides that a certified

public accountant who does not receive

compensation as a result of the purchase

or sale of a specific security by a

client, does not recommend the purchase

or sale of specific securities, and does

not have custody of client funds or

securities for investment purposes shall

not be deemed an investment adviser.

The Act provides that a certified public

accountant who acts as an investment

adviser shall be subject to the

provisions of the "Georgia Securities

Act of 1973" with respect to

registration, regulation, prohibited

activities, and civil liability. The

Act exempts from registration of

securities

requirements

certain

transactions involving the issuance or

transfer of securities of the issuer by

the issuer to a partnership or limited

partnership or the partners thereof in

connection with a merger.

The Act amends O.C.G.A. Sections

10-5-2, 10-5-9, 10-5-12, and 10-5-14.

Effective April 11, 1990.

Act 1368; HB 1459

This Act comprehensively revises

Chapter 5 of Title 10, the "Georgia

Securities Act of 1973," to prevent

fraud and abuse in the sale of penny

stock to Georgia residents. The Act

applies to the sale of low-priced and

speculative equity securities selling

for $5.00 per share or less, with

certain exceptions, and applies to

security dealers who are market makers

in such stock or who derive 5 percent or

more of their commissions from such

sale.

The Act provides that the

designated dealer shall provide a risk

disclosure document prior to the

transaction in designated securities and

that the purchaser of designated

securities shall have the right to

rescind the transaction within three

business days of receipt of the

confirmation of the transaction. The

Act provides for the dissemination of

information concerning disciplinary

actions against dealers and salesmen.

- 13 -

TITLE 10 (continued)

The Act provides that the violation of

the penny stock regulatory provisions

will subject the violator to special

class

actions,

treble

damages,

attorney's fees, and court costs and

provides that administrative, civil, and

criminal penalties will be raised to a

maximum of $500,000.00 for a series of

violations.

Effective July 1, 1990.

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Act 709; HB 1374

This Act changes the provisions

relating to compensation of members of

the Georgia Agricultural Exposition

Authority so as to provide that such

members shall

receive

as

sole

compensation a daily expense allowance

and reimbursement for transportation

costs.

The Act amends O.C.G.A. Sections

12-3-472 and 45-7-21.

Effective February 8, 1990.

Act 1253; SB 717
This Act creates the Georgia Music Hall of Fame Authority. The Act provides that the purpose of the authority shall be to construct and maintain a facility to house the Georgia Music Hall of Fame; to operate, advertise, and promote the Georgia Music Hall of Fame; and to promote music events at the facility and throughout the state.
The Act enacts O.C.G.A. Sections 12-3-520 through 12-3-534.
Effective January 1, 1991.

Act 1254; SB 718
This Act creates as a joint committee of the General Assembly the Georgia Music Hall of Fame Authority Overview Committee to be composed of five members of the House of Representatives and five members of the Senate. The Act charges the committee with the responsibility of evaluating the performance of the Georgia Music Hall of Fame Authority consistent with enumerated criteria.
The Act enacts O.C.G.A. Sections 12-3-550 through 12-3-554.
Effective July 1, 1990.

- 14 -

TITLE 12 (continued)

Act 1217; HB 1957

This Act enacts the "Sewage Holding

Tank Act" so as to regulate the use of

holding tanks for the collection and

disposal of sewage from flush toilets

used at construction sites and special

events. The Act provides that sewage

holding tanks shall be maintained in a

clean,

sanitary,

and

functional

condition and shall be constructed of

impervious materials. The Act further

provides sewage shall be removed from

holding tanks by a vacuum hose and

received into a leakproof tank truck.

The Act enacts O.C.G.A. Sections

12-5-1 through 12-5-8.

Effective July 1, 1990.

Act 1274; SB 714
This Act requires that water quality standards be established for each publicly owned lake in the state which maintains the lakes as safe and suitable for fishing and swimming and for use as a public water supply. The Act requires the adoption of a multiple parameter approach for lake water and of numerical criteria for each parameter. The Act further requires a comprehensive study of each lake prior to adopting water quality standards for the lake.
The Act enacts O.C.G.A. Section 12-5-23.1.
Effective April 11, 1990.

Act 1273; SB 696

This Act revises the "Georgia Water

Quality Control Act" so as to provide

that on or after January 1, 1991, it

shall be unlawful to sell at retail or

to use in this state any cleaning agent

containing phosphorus. The Act provides

for

several

exceptions

to its

prohibition. Violation of the Act

constitutes a misdemeanor.

The Act amends O.C.G.A. Section

12-5-27.1.

Effective July 1, 1990.

Act 1278; HB 1807
This Act expands the definition of the term "protected fresh waters" to include the waters of Lake Allatoona, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Water F. George Reservoir, and West Point Lake as well as Lake Sidney Lanier. The Act further provides that it shall be unlawful to float a vessel on such lakes with a toilet that is not designed for no discharge and to fail to display a

- 15 -

TITLE 12 (continued)

certificate of compliance. The Act
provides for compliance by July 1, 1991. The Act further provides that no owner of a vessel constructed on or before January 1, 1978, shall be required to obtain a certificate for a marine toilet before December 31, 1991.
The Act amends O.C.G.A. Sections
12-5-29, 52-7-3, and 52-7-8.1. Effective April 11, 1990.

Act 1277; SB 606
This Act requires any person who owns or operates a combined sewer overflow (CSO) in this state on July 1, 1990, to devise and submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflows so that all water flowing from such CSO into the waters of this state shall meet certain standards of water purity and permit limits for publicly owned waste-water treatment facilities with CSO's. The Act provides for liability and penalties for any person who fails to obtain approval and implement an approved plan by December 31, 1993.
The Act enacts O.C.G.A. Section 12-5-29.1.
Effective July 1, 1990.

Act 1272; SB 605

This Act enacts O.C.G.A. Section

12-5-30.2 so as to provide that after

March 31, 1991, no person shall own or

operate a combined sewer overflow (CSO)

system in this state unless such person

is issued a permit by the director of

the Environmental Protection Division of

the Department of Natural Resources.

The Act authorizes the director to

impose effluent limitations

as

conditions for issuance of such permits

and to set schedules of compliance.

Effective July 1, 1990.

Act 1275; SB 608
This Act increases the civil penalty for violations of the "Georgia Water Quality Control Act" from $25,000.00 per day to $50,000.00 per day for each day during which such violation continues. The Act further provides that a later and separate violation within a 12 month period carries a maximum penalty of $100,000.00 per day.
The Act amends O.C.G.A. Section 12-5-52.
Effective July 1, 1990.

- 16 -

TITLE 12 (continued)

Act 1075; SB 563
This Act amends O.C.G.A. Section 12-5-372, relating to definitions of terms used in the "Georgia Safe Dams Act of 1978," so as to provide that exemptions provided for certain dams over which a supervising federal agency has relinquished authority for the operation and maintenance of such dams shall expire on November 1, 1995, unless certain conditions are met. The Act amends o.c.G.A. Section 12-5-375 so as to require a local governing authority to notify by certified mail the owner of a dam before issuing a permit to construct a structure or facility which would result in changing a Category II dam to a Category I dam.
Effective July 1, 1990.

Act 1106; SB 533

This Act enacts the "Georgia

Comprehensive Solid Waste Management

Act" so as to provide for the control

and management of solid waste to protect

the environment and the health of

humans. The Act provides for rules and

regulations controlling solid waste

handling and prescribes the procedures

to be followed and the information to be

submitted in applying for permits. The

Act further provides for rules and

regulations establishing the use of a

manifest during the generation and

handling of special solid waste and

governing the handling of biomedical

waste. The Act also enacts the

"Regional Solid Waste Management

Authorities Act" and provides rules and

regulations establishing criteria for

the distribution of any state funds to

assist local government agencies or

authorities

and

establishing

qualifications for municipal solid waste

disposal

facility

operators

and

certification of such operators through

colleges or universities of

the

University System of Georgia.

The Act enacts O.C.G.A. Sections

12-8-20 through 12-8-59.1 and o.c.G.A.

Section 50-8-7.3.

Effective March 30, 1990.

Act 1279; SB 478

This

Act

amends the "Georgia

Comprehensive Solid Waste Management

Act," as enacted by SB 533 adopted at

the 1990 regular session of the General

Assembly, so as to provide that the

director of the Environmental Protection

Division of the Department of Natural

Resources shall issue no permit for a

biomedical waste thermal treatment

technology facility unless the applicant

- 17 -

TITLE 12 (continued)

for such permit demonstrates a need for

such facility. The Act provides an

exception under certain circumstances

for

a

private biomedical waste

generator. The Act further provides

that provisions relating to permits for

solid waste disposal sites within two

miles of significant ground-water

recharge areas shall not apply to

municipal solid waste landfills for

which the director has issued a site

acceptability letter prior to March 15,

1989, if such letter did not require a

liner and leachate collection system.

The Act amends o.c.G.A. Sections

12-8-23.1 and 12-8-25.2.

Effective April 11, 1990.

Act 1344; SB 519

This Act amends the "Georgia Hazardous

Waste Management Act" by defining the

terms "large quantity generator" and

"waste reduction." The Act provides

that by not later than March 1, 1992,

large

quantity hazardous waste

generators shall develop hazardous waste

reduction plans which establish specific

performance goals for the reduction of

hazardous waste expressed in numeric

terms. The Act further provides that

the plans shall be updated and progress

reported on a biennial basis thereafter.

The provisions of the Act apply to

out-of-state generators which store,

treat, or dispose of hazardous waste at

a hazardous waste disposal facility in

this state. The Act provides an

exception for certain hazardous waste

generators upon certification to the

director. The Act further provides for

notification by the director to the

government of each county or city

located within two miles of a hazardous

waste facility.

The Act amends O.C.G.A. Sections

12-8-62, 12-8-66 and enacts O.C.G.A.

Sections 12-8-65.1 through 12-8-65.4.

Effective April 11, 1990.

Act 1434; SB 652
This Act provides for three additional members of the Georgia Hazardous Waste Management Authority to be appointed from the faculty or staff of the University System of the State of Georgia to be selected by the chancellor of the University System of Georgia. The Act further provides that the authority shall promote hazardous waste minimization efforts among generators of hazardous waste.
The Act amends O.C.G.A. Section 12-8-102.
Effective April 16, 1990.

- 18 -

TITLE 12 (continued)

Act 1294; HB 628

This Act changes references to the

State Board of Postsecondary Vocational

Education to the State Board or the

Department of Technical and Adult

Education.

The Act amends O.C.G.A. Sections

12-11-10, 12-11-11, 20-2-320,

and

49-5-161.

Effective April 11, 1990.

Act 968; SB 620
This Act amends the "Georgia Asbestos Safety Act" so as to change the termination date of the Asbestos Licensing Board from April 1, 1990, to April 1, 1996.
The Act amends O.C.G.A. Section 12-12-26.
Effective March 22, 1990.

TITLE 13 CONTRACTS

Act 1377; HB 744

This Act provides that contracts that

restrain in a reasonable manner any

party thereto from exercising any trade,

business, or employment are contracts in

partial restraint of trade and are valid

and enforceable. The Act provides

definitions and rules and guidelines to

determine if contracts are in partial

restraint of trade. The Act further

provides that loss or forfeiture

provisions

conditioned

upon

the

occurrence of competition or other

specified acts or events are not

restraints of trade and provides rules

and guidelines to determine the

enforceability of loss or forfeiture

provisions that are combined with

partial restraints of trade. The Act

also provides procedures for the

identification,

clarification,

and

reformulation of agreements.

The Act enacts o.c.G.A. Section

13-8-2.1 and amends o.c.G.A. Section

13-8-2.

Effective July 1, 1990.

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Act 964; HB 1361

This Act makes extensive changes in

Title 14 to coordinate various

provisions of law and to correct

cross-references

and

stylistic,

- 19 -

TITLE 14 (continued)

grammatical, and other errors. The Act

provides for cancellation or alteration

of provisions in agreements among

shareholders and changes provisions

relating to quorums and voting by boards

of directors, the provisions relating to

the effect of termination of statutory

close corporation status, the provisions

relating to articles or certificates of

merger or share exchange, and the

provisions relating to a corporation's

failure to take action relating to

exercise of dissenters' rights. The Act

changes the provisions relating to

articles of merger or consolidation of

nonprofit

corporations

and

the

provisions relating to filing articles

of dissolution

of

a

nonprofit

corporation.

The Act changes the

provisions relating to continuation of

the business of a partnership after

withdrawal or death of a partner and the

provisions relating to reservation of a

name for a limited partnership.

Effective March 22, 1990.

TITLE 15 COURTS

Act 1159; HB 1274
This Act provides two exemptions to the prohibition against penalizing or threatening to penalize employees who are absent from work to attend a judicial proceeding in response to court order or process. The two exemptions are for employees who are charged with a crime and for rules requiring reasonable notification of an employee's expected absence or delay in reporting to work in order to attend a judicial proceeding.
The Act amends O.C.G.A. Sections 15-1-4 and 34-1-3, deleting the exemption language from 15-1-4 and inserting it in 34-1-3.
Effective March 30, 1990.

Act 1113; HB 1523

This Act authorizes one additional

superior court judge for the Atlanta

Circuit and the Ocmulgee Circuit,

respectively, and revises procedures for

requesting

judicial

assistance.

Revisions include procedures for a

request by a superior court judge or

chief

judge to

the

district

administrative judge for assistance from

a judge outside the county or a request

for assistance from a judge from the

same county when a judge is disqualified

or unable to preside or the court

business requires temporary assistance.

The Act permits the Governor to request

assignment of a judge by the

- 20 -

TITLE 15 (continued)
administrative judge in certain circumstances. The Act provides for compensation of part-time judges. The Act provides for a request for assistance from any judge who is not a superior court judge to any qualified judge who is not a superior court judge in certain circumstances.
The Act amends O.C.G.A. Sections 15-1-9.1 and 15-6-2.
Authorization of the additional superior court judges is effective July 1, 1990; remaining provisions are effective March 30, 1990.
Act 1234; SB 727
This Act provides for the definition of a part-time judge, the expenses and compensation of such judge, and changes the terms of the Superior Court of Glynn County in the Brunswick Judicial Circuit.
The Act amends o.c.G.A. Sections 15-1-9.1 and 15-6-3.
Effective January 1, 1991.
Act 1082; HB 10
This Act provides that retired judges or judges emeritus of the state courts shall receive the same compensation when rendering judicial assistance at the request of a chief judge or at the request of a state court judge as provided for senior judges serving as superior court judges at the request of a chief judge of a superior court under o.c.G.A. Section 15-1-9.2.
The Act amends o.c.G.A. Sections 15-1-9.1 and 15-7-25.
Effective July 1, 1990.
Act 1107; HB 1574
This Act provides for one additional judge of the Superior Court of the Augusta Judicial Circuit.
The Act amends o.c.G.A. Section 15-6-2.
Effective July 1, 1990.
Act 1108; HB 1946
This Act provides for one additional judge of the Superior Court of the Coweta Judicial Circuit.
The Act amends o.c.G.A. Section 15-6-2.
Effective March 30, 1990.
- 21 -

TITLE 15 (continued)

Act 1112; HB 1951
This Act provides for one additional judge of the Superior Court of the Flint Judicial Circuit.
The Act amends O.C.G.A. Section 15-6-2.
Effective July 1, 1990.

li:tflE~fOE'Da VETO NO. 17; SB 548

J.udTgheis 01' ,

S e

Co

doi tfi o nt hael

OcTmheulgeAeii~ili

1 men

i

G.

Section

15-6-2.

Act 1283; HB 141
This Act revises the state salary schedule for secretaries of superior court judges and secretaries of district attorneys by providing four additional pay steps at the top of the pay scale and provides for adjustment of these salary scales in the event of specified merit system changes.
The Act amends O.C.G.A. Sections 15-6-25 and 15-18-17.
Effective upon funding; not funded in General or Supplemental Appropriations Act.

Act 750; HB 1220
This Act creates The Council of Superior Court Clerks of Georgia, composed of the clerks of the superior courts, with the purpose of furthering the improvement of the superior courts, assisting the superior court clerks in the execution of their duties, and promoting the training of superior court clerks.
The Act enacts o.c.G.A. Section 15-6-50.2.
Effective July 1, 1990.

Act 1366; SB 735
This Act amends O.C.G.A. Section 15-6-67, relating to recordation of maps and plats, to require as a condition for filing and recordation of plats of subdivision of land the approval of the municipal or county planning commission or governing authority when subdivision regulations have been adopted and approved by the appropriate municipal or county governing authority and provides an exemption from this requirement in specified circumstances.
Effective July 1, 1990.

- 22 -

TITLE 15 (continued)

Act 1085; HB 192

This

Act

changes

residency

requirements for state court judges if

no candidate has qualified at the

expiration of the qualifying period. In

this event, the Act provides for an

additional qualifying period with a

relaxed residency requirement.

The Act amends o.c.G.A. Section

15-7-21.

Effective March 28, 1990.

Act 1068; SB 445

This Act repeals provisions linking

probate judges' training and eligibility

for retirement benefits and enacts

disciplinary procedures.

The Act

provides for an extension period if a

judge fails to complete the minimum

training during a two-year period and

private admonition if the training is

not completed within the extension. The

Act provides for a show cause hearing if

the minimum training is not completed

within a three-year period, to be

followed by an extension or a public

reprimand.

The Act amends o.C.G.A. Sections

15-9-1.1 and 47-11-70.

Effective July 1, 1990.

Act 1150; SB 449
This Act amends O.C.G.A. Section 15-9-11.1, relating to assumption of duties by the chief clerk upon a vacancy occurring in the office of judge of the probate court, to provide that a special election shall be held to fill the vacancy at the same time as a general election which occurs more than 60 days after the vacancy occurs. The Act provides that the chief clerk shall discharge the duties of the judge of the probate court until the first day of January following such election or until the expiration of the remaining term of office, whichever occurs first.
Effective July 1, 1990.

Act 1341; SB 472
This Act revises the contempt powers of probate court judges, increasing the maximum fine to $500.00 and the maximum imprisonment to 20 days. The Act revises the period during which a party may assert the right to a jury trial in a civil case in the probate court.
The Act amends o.c.G.A. Sections 15-9-34 and 15-9-121.
Effective July 1, 1990.

- 23 -

TITLE 15 (continued)

Act 1060; HB 1779

This

Act

authorizes

retired

magistrates of magistrate courts who

have served eight years or longer to

perform marriage ceremonies.

The Act enacts o.c.G.A. Section

15-10-8.

Effective July 1, 1990.

Act 1078; SB 634

This Act provides that discipline,

removal, and involuntary retirement of

magistrates shall accord with the

provisions of Article VI, Section VII,

Paragraph

VII

of

the

Georgia

Constitution, which provides for the

adoption of rules by the Supreme Court.

The Judicial Qualifications Commission

is authorized under the Act to recommend

removal of magistrates who fail to

complete required training.

The Act amends o.c.G.A. Sections

15-10-24 and 15-10-25.

Effective July 1, 1990.

Act 1226; HB 1397
This Act amends o.c.G.A. Section 15-10-50, relating to the propounding of interrogatories to a judgment debtor in proceedings in magistrate court, so as to provide an additional interrogatory; to provide for an increase in the threshold value of items that must be identified and located from $10.00 to $100.00; and to provide that an evasive or incomplete answer shall be treated as a failure to answer.
Effective July 1, 1990.

Act 1422; SB 484

This Act defines "incorrigible child,"

provides that a party is entitled to

representation by counsel at proceedings

alleging incorrigibility, and provides

for rules setting out criteria for

determining whether a

child

is

incorrigible.

The Act provides

procedures

for

the transfer of

incorrigible children to the Department

of Corrections for incarceration in an

institution for incorrigible children

and transfer back to the custody of the

Department of Human Resources if a child

is no longer incorrigible.

The Act

permits incorrigible children or

children transferred to the Department

of Corrections because of inadequate

facilities to be committed to penal

institutions used primarily for persons

convicted of crimes. The Act permits

inspection of juvenile records by the

Department of Corrections. The Act

- 24 -

TITLE 15 (continued)

expands the circumstances when a child

may be transferred from juvenile court

to an adult court for prosecution to

include instances when the court has

found reasonable grounds to believe that

a child of a specified age committed

certain offenses while confined to a

youth development center; the Act

permits sentencing of juveniles to the

Department of Corrections in specified

circumstances.

The Act permits the

Department of Human Resources to

petition for such transfer and

sentencing to the Department of

Corrections and to petition for an

arrest warrant for a delinquent child

committed to the department who has

violated the criminal code. The Act

amends provisions relating to the

Department of Human

Resources'

evaluation of a child.

The Act amends O.C.G.A. Sections

15-11-2, 15-11-30, 15-11-38, 15-11-39,

15-11-58,

15-11-59, 17-10-14, and

49-5-10 and enacts o.c.G.A. Section

49-5-10 .1.

Effective July 1, 1991.

Act 1381; HB 222

This Act changes the term "referee" to

"associate

juvenile court judge,"

changes the term "traffic referee" to

"associate

juvenile court traffic

judge, " and permits court orders

requiring the performance of community

service by children who have been

adjudicated delinquent and in need of

treatment or rehabilitation.

The Act amends O.C.G.A. Sections

15-11-2, 15-11-3.1, 15-11-4.1, 15-11-10,

15-11-35, and 15-11-50.

Effective July 1, 1990.

Act 1371; SB 443

This Act makes extensive editorial and

organizational

revisions

to

and

clarification of the adoption laws; adds

definitions and new forms; requires

affidavits from any witness to the

surrender of parental rights; provides

for adoptions based on foreign decrees;

provides for surrender of rights by

adoptive mothers; requires a finding

that a parent has failed significantly,

for at least one year, to communicate

with or support a child in order to file

a petition for adoption without

obtaining surrender or termination of

that parent's rights; requires a finding

of familial bond before a biological

father who is not a legal father must be

notified of a pending adoption of his

child; provides a new procedure to

terminate the parental rights of one

parent when the rights of the other

- 25 -

TITLE 15 (continued)

parent have already been surrendered or
terminated; requires criminal records checks of petitioners for adoption; requires notice to adoptive parents when biological parents seek access to records of their minor adoptees; and establishes new procedures for adult adoptees and their adult siblings to obtain information about each other and their biological parents.
The Act amends O.C.G.A. Sections 15-11-5, 15-11-81, 15-11-83, 19-7-3, and 33-24-22 and o.c.G.A. Chapter 19-8.
Effective July 1, 1990.

Act 1323; HB 1616
This Act amends O.C.G.A. Section 15-11-20 to provide that a child alleged to be unruly who has not previously been adjudicated unruly may not be detained in a secure juvenile detention facility unless the child is alleged to be under the court's jurisdiction because the child has deserted his residence without just cause and without the consent of his legal custodian. The Act provides that such a child may be detained only long enough to return the child home or to ensure the child's presence at a scheduled court appearance after failure to appear in court as scheduled.
Effective July 1, 1990.

Act 1387; HB 1320

The Act amends O.C.G.A. Section

15-11-41 to revise the procedures for

removing a child from the child's home

and reviewing the status of children in

foster care. The Act requires the court

to make a finding of fact as to whether

reasonable efforts were made by the

Division of Family and Children Services

to eliminate the need for removal and

requires submission of a written plan

for reunification of the family. The

Act requires the plan to include the

purpose for which the child was placed

in foster care, actions needed to permit

return of the child to the child's home,

and other information. The court's

order is to incorporate the elements of

the plan the court finds essential to

reunification. The Act requires review

of children in foster care and a

proposed revised plan for reunification

or other permanency plan, followed by a

supplemental court order.

The Act

permits the citizen review panel to

recommend a petition for termination of

parental rights upon a determination

that the parents have significantly and

unjustifiably failed to comply with the

reunification plan. The Act specifies

procedures for extension of the court

order.

- 26 -

TITLE 15 (continued)
Effective July 1, 1991.
Act 1413; HB 1617
This Act permits juvenile courts to order delinquent or unruly children who receive supervision, either informally or after adjudication, to pay initial and monthly court supervision fees. The Act provides for deposit of the fees into a county fund to be used to provide supplemental community based services and prohibits the use of these funds to replace other funding. The Act revises the composition of the Juvenile Justice Coordinating Council. The Act requires participating counties to develop a plan regarding the local need for delinquency prevention programs and community based services as alternatives to commitment to the Division of Youth Services and placement in a youth development center.
The Act enacts O.C.G.A. Section 15-11-56.1 and amends o.C.G.A. Sections 49-5-132 and 49-5-154.
Effective July 1, 1990.
Act 1343; SB 509
This Act amends O.C.G.A. Section 15-11-81 to expand the grounds for determination that a child is without proper parental care and control to include evidence of past egregious conduct by the parent toward another child of a physically, emotionally, or sexually cruel or abusive nature and evidence of past physical, mental, or emotional neglect of the child or another child by the parent.
Effective July 1, 1990.
Act 1285; HB 251
This Act amends O.C.G.A. Section 15-18-14 to include within the definition of "prosecuting attorney" a person who serves on a full-time basis as a district attorney.
Effective July 1, 1990.
Act 1328; HB 1663
This Act provides for the continuation of personnel positions in district attorneys' offices within the same respective judicial circuits until revised by law and provides for the transfer of such personnel positions when judicial circuits or portions of judicial circuits merge.
The Act enacts o.c.G.A. Section 15-18-28.
Effective April 11, 1990.
- 27 -

TITLE 15 (continued)

Act 1440; HB 1139

This Act requires imposition of an

additional penalty in every case in

which a court imposes a fine for

violation of o.c.G.A. Sections 16-13-30,

16-13-30.1, and 16-13-31, which relate

to certain activities regarding

mariJuana, controlled substances, and

noncontrolled substances. The Act

provides that the additional penalty,

equal to 50 percent of the original

fine, is to be used exclusively for

county drug abuse treatment and

education

programs relating to

controlled substances and marijuana.

The Act enacts O.C.G.A. Section

15-21-100.

Effective July 1, 1990.

TITLE 16 CRIMES AND OFFENSES

Act 1380; HB 1423
This Act amends O.C.G.A. Section 16-5-61 to make hazing a misdemeanor of a high and aggravated nature.
Effective July 1, 1990.

Act 1243; SB 602
This Act redefines the offense of sexual assault against persons in custody to include sexual contact with a person enrolled in a school under the supervisory authority of the person charged with the offense. The Act creates and provides penalties for two new offenses: sexual battery, defined as intentional and unauthorized physical contact with the intimate body parts of another, and aggrava'ted sexual battery, defined as intentional and unauthorized penetration of the sexual organ or anus of another with a foreign object.
The Act amends O.C.G.A. Section 16-6-5.1 and enacts O.C.G.A. Sections 16-6-22.1 and 16-6-22.2.
Effective July 1, 1990.

Act 1224; HB 1158
This Act amends O.C.G.A. Section 16-7-29, relating to criminal trespass by motor vehicle, to require a sign at each entrance to a parking area containing more than 150 spaces, such signs to include notice of the elements of the offense, a warning that violators will be prosecuted, and other specified information.
Effective July 1, 1990.

- 28 -

TITLE 16 (continued)

VETO NO. 25; HB 1512

This Act changes the offense of

~g~;~;,~-.ors:::1t1ffiut n;t!;~~~=

offense

n

p session,

manufact , sa ,

r s rt of a

bomb, an ea s

x

penalty

to ten y rs n is e

25,000.00

fine, or both.

The Act amends O.C.G.A. Section

16-7-64 and enacts O.C.G.A. Section

16-12-24 .1.

Act 1347; SB 544

This Act defines "proof of insurance

document" and sets out the circumstances

when such a document shall be deemed

counterfeit; the Act prohibits and

provides penalties for possession and

knowing

manufacture,

sale,

or

distribution of a counterfeit or false

proof of insurance document.

The Act enacts O.C.G.A. Section

16-9-5.

Effective April 11, 1990.

Act 1065; SB 615

This Act expands the offense of

financial transaction card fraud to

include instances when a person

authorized to furnish money, services,

or items of value upon presentation of a

financial transaction card or account

number remits for payment a record of a

sale which was not made, with the intent

to defraud. The Act creates and

provides penalties for the new offense

of criminal factoring of financial

transaction card records, defined as the

unauthorized employment or solicitation

of an authorized merchant or agent to

remit

for

payment

a financial

transaction card record of a sale which

was not made by the merchant or agent.

The Act amends o.c.G.A. Sections

16-9-30 and 16-9-33 and enacts O.C.G.A.

Section 16-9-36.1.

Effective March 28, 1990.

Act 1438; SB 512
This Act amends O.C.G.A. Section 16-11-129 to exclude from eligibility for a license to carry pistols and revolvers those persons convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or dangerous drug.
Effective April 16, 1990.

- 29 -

TITLE 16 (continued)

Act 734; HB 1445
This Act amends O.C.G.A. Section 16-11-129, relating to licenses to carry pistols or revolvers, to permit the Georgia Bureau of Investigation to set a maximum fee of $30.00 for search of the fingerprint records of the Federal Bureau of Investigation as a requirement for a person who is applying for a license for the first time.
Effective March 2, 1990.

Act 1145; SB 20
This Act amends o.c.G.A. Section 16-11-130 to add United States Attorneys and Assistant United States Attorneys to the list of persons exempt from Code sections relating to the offenses of carrying a concealed weapon, carrying deadly weapons at public gatherings, and carrying a pistol without a license.
Effective July 1, 1990.

Act 1410; HB 1505
This Act prohibits tattooing within one inch of the eye socket except when the tattooing is performed by a licensed physician.
The Act enacts o.c.G.A. Section 16-12-5.
Effective July 1, 1990.

Act 1157; HB 1154
This Act amends o.c.G.A. Section 16-12-32, relating to seizure and disposition of property used in or derived from gambling or related offenses, to change the appropriate time period for judgment by default to 30 days after service of a copy of the action or 30 days after the last publication required by the section.
Effective July 1, 1990.

VETO NO. 26; SB 412

~!~i~;Ji.~!J;.~~elDEhe This Act amends

games , fplili

e

o.c.G.A. Section



J

~~!~:e~=~~ ts and

prohibit1i6J,.~ r Title 16~J'o . . G. ,

le 2 of

in

gambling

and rel e

f n

t defines

as a mis emeanor the payment to another

for a prize received for playing such an

amusement game from any person owning or

possessing such an amusement game.

- 30 -

TITLE 16 (continued)

Act 1425; SB 566

This Act provides that certain

nonprofit,

tax-exempt organizations

shall not be required to submit

fingerprints or photographs as a

condition to obtaining a license to

operate bingo games.

The Act amends o.c.G.A. Section

16-12-53.

Effective July 1, 1990.

Act 1163; HB 1377

This Act revises the list of

controlled substances and dangerous

drugs by adding one substance to the

list of

Schedule

I

controlled

substances, 12 substances to the list of

dangerous drugs, and one substance to

the list of exceptions and exemptions.

The Act makes editorial changes to

preserve the alphabetical order of the

listing.

The Act amends o.C.G.A. Sections

16-13-25 and 16-13-71.

Effective March 30, 1990.

Act 1238; HB 1340

This Act amends o.C.G.A. Section

16-13-30 to prohibit the purchase of

controlled substances,

counterfeit

substances, and marijuana.

Effective July 1, 1990.

Act 1258; SB 204

This Act creates and provides

penalties for a new felony, defined as

the manufacture, distribution,

or

possession with intent to distribute

marijuana or a controlled substance

within 1,000 feet of any realty owned by

or leased to a secondary or elementary

school or school board. The Act

provides for consecutive sentencing,

prohibits merger with certain other

convictions, provides for affirmative

defenses,

lists

three

factual

circumstances which shall not be

considered as defenses, and provides

procedures for the admission of certain

maps as prima-facie evidence of the

location and boundaries of the relevant

areas. The Act permits county school

board regulations regarding signs

designating such areas as "Drug-free

School Zones. "

The Act enacts O.C.G.A. Section

16-13-32.4.

Effective July 1, 1990.

- 31 -

TITLE 16 (continued)

Act 1437; SB 503

This Act requires that individuals

holding state licenses to conduct a

licensed occupation notify the licensing

authority when they are convicted of any

criminal offense involving

the

manufacture, distribution, trafficking,

sale, or possession of a controlled

substance or marijuana.

The Act

provides for suspension of the license

upon the first conviction, revocation of

the license upon a subsequent

conviction, and does not prohibit

additional or more stringent sanctions

by a licensing authority.

The Act

provides for reinstatement of licenses

upon successful completion of a drug

abuse treatment and education program.

The Act enacts O.C.G.A. Sections

16-13-110 through 16-13-114.

Effective with respect to criminal

offenses committed on or after July 1,

1990.

Act 1073; SB 537
This Act amends o.c.G.A. Section 16-14-15, revising the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act" to change the date, fee, and certain information to be included in the annual registration required for alien corporations who own or desire to own real property in the state. The Act provides for return of an incomplete registration report to the corporation and deems timely a corrected report which is filed within 30 days.
Effective July 1, 1990.

TITLE 17 CRIMINAL PROCEDURE

Act 1433; SB 641
This Act permits issuance of a search warrant upon application of a certified peace officer in the course of official duty as an employee of the state, a political subdivision of the state, or a university, college, or school. The Act requires that a certified peace officer make the written complaint seeking the search warrant and provides that a search warrant to be executed beyond the arrest jurisdiction of a campus police officer is to be executed jointly by the campus police officer and a certified peace officer of the political subdivision where the search is conducted.
The Act amends O.C.G.A. Sections 17-5-20 and 17-5-21.
Effective July 1, 1990.

- 32 -

TITLE 17 (continued)
Act 1452; HB 1350
This Act amends the provisions relating to proceedings for forfeiture of bonds or recognizances so as to change the time limits within which an execution hearing is held. The Act further provides that a judgment on a bond forfeiture shall be marked satisfied if within 90 days of such judgment the surety surrenders the principal and pays 5 percent of the bond and costs.
The Act amends O.C.G.A. Sections 17-6-71 and 17-6-72.
Effective July 1, 1990.
Act 1339; SB 454
This Act amends O.C.G.A. Section 17-10-8 to increase the maximum fine which may be imposed as a condition to probation for a person convicted of a felony to the greater of either $100,000.00 or the maximum fine which may be imposed for conviction of the felony.
Effective July 1, 1990.
TITLE 18 DEBTOR AND CREDITOR
Act 1089; HB 1098
This Act provides that funds or benefits from an individual retirement account as defined in Section 408 of the United States Internal Revenue Code of 1986, as amended, shall be exempt from the process of garnishment until paid or otherwise transferred to a member of such program or beneficiary thereof.
The Act repeals O.C.G.A. Section 18-4-22.1 and amends O.C.G.A. Section 18-4-22.
Effective July 1, 1990.
TITLE 19 DOMESTIC RELATIONS
Act 1390; HB 1318
This Act provides for definitions regarding child abuse, changes the composition of child abuse protocol committees, and requires such committees to review medical examiners' reports regarding the deaths of any children and to make their own investigations and reports regarding such deaths. The Act also establishes the State-wide Child Fatality Review Panel to review child death reports of child abuse protocol committees and to make its own reports
- 33 -

TITLE 19 (continued)
and recommendations regarding child deaths. The Act further provides for the confidential nature of meetings and information of such committees and panels and for immunity from liability.
The Act amends O.C.G.A. Chapter 19-1. Those provisions of the Act necessary for appointing members of child abuse protocol committees and the State-wide Child Fatality Review Panel become effective April 16, 1990; the remaining provisions become effective July 1, 1990.
Act 1305; HB 1228
This Act repeals the authority to appoint the district attorney to determine that the asserted grounds are legal and sustained by proof in an undefended divorce case.
The Act amends O.C.G.A. Section 19-5-10.
Effective July 1, 1990.
Act 1386; HB 1316
This Act changes the definitions regarding child abuse, changes the persons required to report child abuse, and requires such reports even when based upon privileged or confidential communications.
The Act amends o.c.G.A. Section 19-7-5.
Effective July 1, 1990.
Act 1247; SB 462
This Act provides that surrender or termination of parental rights is not required as a prerequisite to filing a petition for adoption in the case of a parent who has failed significantly, w-ithout justifiable cause, for at least one year to communicate with or support the child sought to be adopted.
The Act amends O.C.G.A. Section 19-8-6.
Effective April 10, 1990, and repealed July 1, 1990.
Act 1342; SB 477
This Act removes from both parents any prima-facie right to the custody of any minor child thereof and authorizes a court to grant sole custody, joint custody, joint legal custody, or joint physical custody of such child.
The Act amends O.C.G.A. Section 19-9-3 and enacts 0.C.G.A. Section 19-9-6.
Effective July 1, 1990.
- 34 -

TITLE 19 (continued)
Act 1403; HB 1214
This Act removes the requirement that district attorneys represent petitioners in certain proceedings under Article 2 of Chapter 11 of Title 19, the "Uniform Reciprocal Enforcement of Support Act" and only authorizes such representation, provides that where district attorneys do not represent such petitioners the action shall be brought as provided in Article 1 of Chapter 11 of Title 19, the "Child Support Recovery Act," and provides for fees for services by the district attorneys in such proceedings.
The Act amends o.C.G.A. Section 19-11-53.
Effective July 1, 1990.

TITLE 20 EDUCATION

Act 1447; HB 1231

This Act enacts the "Drug-free

Postsecondary Education Act of 1990."

It provides for the suspension from

postsecondary

public

educational

institutions of students committing

certain felony offenses involving

mar1Juana, controlled substances, or

dangerous drugs and for the denial of

state funds to students of postsecondary

nonpublic educational institutions who

commit such offenses.

The Act enacts o.c.G.A. Sections

20-1-20 through 20-1-27.

Effective July 1, 1990.

Act 1432; SB 622

This Act deletes certain provisions

relating to the development and

dissemination of instructional materials

on the effects of alcohol. The Act

amends o.c.G.A. Section 20-2-142 so as

to require the State Board of Education

to prescribe a course of study including

instruction concerning the impact of

alcohol, tobacco, and drug use upon

health. The Act provides that funds

allocated under o.c.G.A. Section 20-2-13

shall be used to create and maintain

state educational research services for

certain enumerated purposes. The Act

deletes provisions which provide that

the direct instructional costs for the

kindergarten program and primary grades

program shall be summed into one amount

for the early elementary grades. The

Act provides that full-time technical or

adult education personnel who have

previously become or hereafter become

employees of the Department of Technical

and Adult Education and who were

employees of local units

of

- 35 -

TITLE 20 (continued)

administration at the time of becoming employees of said department shall be granted a certain amount of initial accrued sick leave.
The Act amends O.C.G.A. Sections 20-2-13, 20-2-142, 20-2-167, 20-2-270, and 20-4-31.
Section 5, relating to initial sick and annual leave granted to personnel transferred to the Department of Technical and Adult Education, is effective April 16, 1990. The remaining sections become effective July 1, 1990.

Act 1295; HB 704
This Act substantially revises the procedures for filling vacancies on local boards of education in all instances where applicable local laws do not provide otherwise.
The Act amends o.c.G.A. Section 20-2-54.1.
Effective July 1, 1990.

Act 1317; HB 1516
This Act repeals O.C.G.A. Section 20-2-63, relating to the forfeiture of participation in school funds by local boards of education which fail to put schools in operation.
Effective July 1, 1990.

Act 1449; HB 1261
This Act requires each local board of education to prescribe mandatory instruction concerning alcohol and other drug use and authorizes such local boards to supplement and develop the exact approach of content areas. The Act also requires the State Board of Education to prescribe a minimum course of study of alcohol and other drug use and establish administration standards.
The Act enacts O.C.G.A. Section 20-2-144.
Effective April 16, 1990.

Act 1325; HB 1640

This Act authorizes each local unit of

administration to provide alternative

programs beyond the regular daytime

educational program.

The Act also

changes the manner of computing the

full-time equivalent count, changes the

manner of calculating equalization

grants, and provides for teacher support

specialists.

The Act amends o.c.G.A. Sections

20-2-150, 20-2-160, 20-2-162, 20-2-165,

and 20-2-833.

Effective July 1, 1990.

- 36 -

TITLE 20 (continued)

Act 1326; HB 1641
This Act requires the State Board of Education to adopt procedures and policies necessary to assess the first grade readiness of kindergarten students and requires the Department of Education to develop guidelines for grade placement decisions.
The Act amends O.C.G.A. Section 20-2-151.
Effective April 11, 1990.

Act 1214; HB 1756

This Act modifies the program weights

assigned to instructional programs under

the Quality Basic Education Formula,

adds a separate program weight for upper

elementary

grades,

provides

for

variations in program weights, and

revises minimum expenditure requirements

of local school systems.

The Act amends O.C.G.A. Sections

20-2-161, 20-2-167, 20-2-181, 20-2-182,

and 20-2-186.

Effective July 1, 1990 (except changes

to O.C.G.A. Section 20-2-167 are

effective upon funding or July 1, 1992).

Act 1233; SB 708
This Act expands the authorized periods when education funds may be used for staff development purposes or professional development stipends.
The Act amends o.C.G.A. Section 20-2-182.
Effective July 1, 1990.

Act 1297; HB 951
This Act repeals provisions relating to the automatic repeal of local board of education authority to vary the length of school years.
The Act repeals Section 2 of Ga. L. 1988, p. 9 amending O.C.G.A. Section 20-2-168.
Effective July 1, 1990.

Act 1304; HB 1212
This Act provides for requirements for the assessing of on-the-job performance of public school professional personnel and modifies qualifications necessary for exemption from the completion of an assessment to demonstrate satisfactory on-the-job performance.
The Act amends O.C.G.A. Section 20-2-200.
Effective July 1, 1990.

- 37 -

TITLE 20 (continued)

Act 1359; SB 671
This Act changes the conditions under which the State Board of Education may grant teaching certificates.
The Act amends O.C.G.A. Section 20-2-200.
Effective July 1, 1990.

Act 1315; HB 1499
This Act requires the State Board of Education to charge a $20.00 application fee for initial certification of public or private school teachers who are not actively teaching.
The Act amends O.C.G.A. Section 20-2-200.
Effective July 1, 1990.

Act 1293; HB 553

This Act provides for professional and

staff development stipends by the State

Board of Education to allow licensed

personnel, paraprofessionals, and aides

to participate in development programs.

The Act enacts O.C.G.A. Section

20-2-217.

Effective upon appropriation

of

sufficient

funds by the General

Assembly.

Act 1229; SB 440
This Act includes foreign language instruction in the criteria and standards for grants to school systems that operate middle schools.
The Act amends O.C.G.A. Section 20-2-290.
Effective July 1, 1990.

VETO NO. 19; SB 411

rf~vlsO,f. conTdh1~.ts1._o1n'cEtI.7' ,. or c

tr;s?yqDJi;msenptasrs~itnyd

grants and

i 1

The ~ ame s

h grants.

.G

Section

20-2-292,J a

e c

Section

20-2-294~

Act 1248; HB 1441
This Act authorizes local school systems to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies and provides for conditions and limitations applicable to such contracts.
The Act amends O.C.G.A. Section 20-2-504 and enacts O.C.G.A. Section

- 38 -

TITLE 20 (continued)

20-2-506. Effective April 10, 1990.

Act 1318; HB 1517
This Act repeals O.C.G.A. Article 13 of Chapter 20-2, relating to suspending and reopening local school systems.
The Act repeals o.c.G.A. Sections 20-2-620 through 20-2-627.
Effective July 1, 1990.

Act 1183; HB 677
This Act provides that a local board of education can employ an attendance officer in lieu of a visiting teacher only if such officer had been employed by such board as an attendance officer prior to July 1, 1990.
The Act amends O.C.G.A. Section 20-2-695.
Effective July 1, 1990.

Act 1083; HB 67
This Act prohibits the change of custody of a minor child by removing the child from the premises of a private or public elementary or secondary school without the permission of the person who enrolled the child in the school. The Act provides for applicability, exceptions, civil and criminal immunity, and criminal penalties.
The Act enacts o.c.G.A. Section 20-2-780.
Effective July 1, 1990.

Act 1411; HB 1521
This Act requires local school system administrators to provide written reports to local boards of education upon receipt of information that a school system educator has committed certain designated crimes and provides for investigations by the Professional Practices Commission.
The Act enacts O.C.G.A. Section 20-2-795.1.
Effective July 1, 1990.

Act 1421; SB 447

This Act requires the State Personnel

Board to investigate fees of hospitals

and medical practitioners and make

recommendations for a schedule of

maximum fees for hospitals, pharmacists,

and medical practitioners with respect

to health insurance plans for public

school

teachers,

public

school

employees, and state employees.

- 39 -

TITLE 20 (continued)

The Act amends O.C.G.A. Sections
20-2-881, 20-2-911, and 45-18-15. Effective April 16, 1990.

Act 1263; HB 1518
This Act enacts the "Education Partnership Act of 1990" to encourage partnerships between business, industry, and community and civic organizations and local public schools and school systems and between state and local government agencies and employees and local schools and school systems. The Act provides for matching grants, employee release time, and partnership plans.
The Act enacts o.c.G.A. Sections 20-2-1030 through 20-2-1033.
Effective April 11, 1990.

Act 1232; SB 629
This Act authorizes the use of school buses for transportation of students and others to summer camps or educational activities if school systems are fully reimbursed from sources other than public sch,ool funds.
The Act enacts O.C.G.A. Section 20-2-1075.
Effective July 1, 1990.

Act 1404; HB 1297
This Act authorizes school personnel to report certain crimes committed by students upon school property or at school functions to the school principal or his designee and provides for further transmission to the police or district attorney. The Act provides for civil and criminal immunity of persons making reports and criminal penalties for persons who are required to make reports and who knowingly and willfully fail to do so.
The Act enacts O.C.G.A. Section 20-2-1184.
Effective July 1, 1990.

Act 1446; HB 1225

This Act enacts

the

"Student

Organization Responsibility for Drug

Abuse Act" and provides for the

withdrawal of recognition, campus

expulsion, and termination of the use of

University System of Georgia property or

facilities to any student organization

which knowingly permits the sale,

distribution, possession, use,

or

consumption of mariJuana, controlled

substances, or dangerous drugs in an

unlawful manner.

- 40 -

TITLE 20 (continued)

The Act enacts O.C.G.A. Sections 20-3-90 through 20-3-96.
Effective April 16, 1990.

Act 1271; HB 1254

This Act repeals the "Postsecondary

Educational Authorization Act of 1978"

(O.C.G.A. Sections 20-3-100 through

20-3-120) and the "Georgia Proprietary

School Act" (O.C.G.A. Sections 20-4-60

through 20-4-79) and enacts the

"Nonpublic Postsecondary Educational

Institutions Act of 1990." The Act

establishes the Nonpublic Postsecondary

Education Commission and requires

certain nonpublic postsecondary schools

to obtain nontransferable authorization

to operate and agents of such schools to

obtain agents' permits from the

commission.

The Act grants extensive powers and

duties regarding the regulation of

nonpublic postsecondary schools to the

commission and its executive director,

who is also the executive director of

the Georgia Student Finance Commission.

The Act sets out broad minimum standards

for certain nonpublic postsecondary

schools; prohibits certain actions by

regulated schools, agents, and other

persons; prohibits other actions absent

authorization from the commission; and

provides for civil fines and criminal

misdemeanor penalties. The Act requires

surety or property bonds from schools

and agents, such bonds to be available

for restitution to students who have

been damaged by violations of the Act or

of

the

commission's

rules

or

regulations. The Act does not limit the

authority of any state examining board

to regulate nonpublic postsecondary

schools.

The Act amends provisions relating to

the use of third-year law students as

interns for district attorneys and legal

aid agencies to require commission

authorization for the law school's

operation.

The Act amends o.c.G.A. Sections

15-18-22 and 15-20-3 and enacts O.C.G.A.

Sections 20-3-250.1 through 20-3-250.26.

Effective July 1, 1990, for purposes

of selection of appointees to the

commission, transfer of records and

accounts, and administrative actions

necessary to prepare for implementation

of the Act; otherwise effective July 1,

1991.

Act 1155; SB 623
This Act completely revises the provisions applicable to management and operation of the Georgia Military College and provides for the government,

- 41 -

TITLE 20 (continued)

control, and management of the college by a board of trustees.
The Act amends O.C.G.A. Article 9 of Chapter 20-3.
Effective July 1, 1990.

Act 1352; SB 597

This Act enacts the "College

Opportunity Act" to assist parents and

students in the financing of

postsecondary

education

through

contracts for the advance payment of

tuition for attendance at state

institutions of higher education.

The Act enacts o.c.G.A. Sections

20-3-600 through 20-3-617.

Effective July 1, 1990.

Act 1161; HB 1313
This Act creates the Georgia Public Telecommunications Commission to improve the quality and variety of educational experiences and resources and provide a variety of cultural and educational programming.
The Act enacts o.c.G.A. Sections 20-13-1 through 20-13-12.
Effective July 1, 1990.

TITLE 21 ELECTIONS

Act 719; HB 1273

This

Act

corrects

various

typographical and stylistic errors and

omissions in Title 21, relating to

elections.

The Act amends o.c.G.A. Sections

21-2-172, 21-2-409, and 21-3-318.

Effective February 16, 1990.

Act 1287; HB 346
This Act exempts county chief deputy registrars and municipal chief deputy registrars from the restrictions against nomination or election to office or giving notice of their intention of write-in candidacy.
The Act amends o.c.G.A. Sections 21-2-213 and 21-3-121.
Effective January 1, 1991.

Act 959; HB 1167
This Act provides that the Secretary of State shall prescribe the form of the pauper affidavits used in general and municipal elections; provides that county registrars shall appoint a county

- 42 -

TITLE 21 (continued)

officer or employee as chief deputy registrar in counties not served by a registrar's office during regular business hours; makes applicable to municipal special primaries and
elections the general provision regarding the conduct and holding of special primaries and elections; changes certain provisions regarding changes of residence of municipal electors; and provides for criminal penalties for certain unlawful acts concerning campaign literature or material.
The Act amends o.c.G.A. Sections
21-2-132, 21-2-153, 21-2-154, 21-2-170, 21-2-212, 21-2-241, 21-2-310, 21-2-40, 21-3-52, 21-3-53, 21-3-90, 21-3-210, 21-3-140, and 21-3-322.
Effective July 1, 1990.

Act 1439; SB 545

This Act provides for mandatory drug

testing for candidates seeking to

qualify for nomination or election to

certain state offices and requires each

candidate to file a certificate with the

officer with whom such candidate

qualifies stating that the candidate has

been tested for illegal drugs within 30

days prior to qualifying for nomination

or election to state office and that the

results are negative. The certificate

shall be in a form approved by the

Secretary of State from a laboratory

listed by the commissioner of human

resources and shall be available for

public inspection for a period of three

years.

The commissioner of human

resources is authorized to establish

guidelines governing the administration

of the drug tests required and to

promulgate rules and regulations to

carry out the provisions of the Act.

The Act enacts Q.C.G.A. Section

21-2-140.

Effective April 16, 1990.

Act 1301; HB 1131
This Act increases the per diem or monthly compensation for the county chief registrar and the other county registrars.
The Act amends o.c.G.A. Section 21-2-211.
Effective July 1, 1989.

Act 744; HB 1172
This Act provides that the president of every public or private college or university or his designee shall be a county deputy registrar or municipal deputy registrar; provides the form of registration cards in any county in

- 43 -

TITLE 21 (continued)

which all municipalities located in the

county use the county registration

system;

provides

that

certain

identification cards issued by the

Department of Public Safety and

naturalized citizen certificates of

citizenship shall be sufficient

identification for registering as an

elector or a municipal elector;

clarifies various provisions relating to

the application, mailing, issuance, and

procedures for voting by absentee ballot

in general or municipal elections; and

prohibits the use of certain lists of

electors or municipal electors for

commercial purposes.

The Act amends O.C.G.A. Sections

21-2-212, 21-2-217, 21-2-221, 21-2-381,

21-2-384, 21-2-385, 21-2-386, 21-3-120,

21-3-125, 21-3-280, 21-3-283, 21-3-284,

21-3-285, and 21-3-286 and enacts

O.C.G.A. Sections 21-2-600 and 21-3-480.

Effective March 6, 1990.

VETO NO. 15; HB 1419

VETO NO. 16; HB 1628

rqulti'".t1n"l:IU. This Act requires that all special

elections and municipal special

electi~s presenti.ng.

~~
~

~ r;rner-t\urpose :to the : voters

of be

aheplpd liedsrti<te en a

s

aretegsardianngd

the con t nd h

special

primary r

1 c

municipal

special primaries an special elections.

The Act amends O.C.G.A. Sections

21-2-540, 21-3-52, and 21-3-53.

Act 1336; SB 415

This Act amends O.C.G.A. Section

21-3-51, relating to the date of

municipal elections,

so

as

to

incorporate the provisions of O.C.G.A.

Section 21-3-64 which authorizes

municipal

general

elections

in

odd-numbered and even-numbered years.

Effective July 1, 1990.

Act 1423; SB 486

This Act amends the "Recall Act of

1989"

so

as to define "legal

sufficiency"; require the election

- 44 -

TITLE 21 (continued)

superintendent to notify the public officer named in the recall application that an application for a recall petition has been officially issued for circulation and of the filing of such completed application for verification; provide requirements for filing an application for a recall petition and
for filing a completed recall petition if such contain more than one sheet; authorize the public officer sought to
be recalled to file a petition applying for certain judicial review of the recall petition within four days after the receipt of the notice of a completed application for a recall petition; provide for the continuance of recall proceedings during certain judicial
review; provide that certain court proceedings shall be conducted on an expedited basis; and revise the scope of superior court review of a sufficiency review petition and the review procedures.
The Act amends o.c.G.A. Sections
21-4-3, 21-4-5, 21-4-6, and 21-4-11. Effective July 1, 1990, and shall
apply only to recall proceedings initiated after that date.

Act 1165; HB 1465
This Act provides that elected soil and water conservation district supervisors shall not be required to file campaign contribution disclosure reports.
The Act amends o.c.G.A. Section 21-5-34.
Effective July 1, 1990.

Act 1237; HB 1385

This Act amends the "Ethics in

Government Act" so as to revise

provisions relating to campaign finance

and financial disclosure.

The Act

requires a candidate to file with the

Secretary of State an intention to

accept campaign contributions prior to

acceptance

of

any

campaign

contributions; requires a campaign

disclosure report to include the

business, occupation, or place of

employment of a person making a campaign

contribution of more than $1,000.00;

requires the corporate, labor union, or

other affiliation of any political

action committee making a contribution

of $101.00 or more to be included in a

campaign disclosure report; prohibits

members of the General Assembly, public

officers elected state wide, or the

campaign committees of such members or

officers from accepting contributions

during a legislative session; limits at

$3,500.00 the aggregate amount of

- 45 -

TITLE 21 (continued)

contributions a person, corporation,

political committee, or other entity may

contribute to candidates for state-wide

elected office or the General Assembly;

and

requires

certain

financial

disclosures of candidates for state-wide

elected office, disclosure of certain

transactions with governmental entities,

disclosure of certain income from

parties represented by registered

agents, and disclosure of certain

financial statements.

The Act amends O.C.G.A. Sections

21-5-3, 21-5-30, 21-5-34, 21-5-35, and

21-5-50 and enacts o.c.G.A. Sections

21-5-40 through 21-5-45.

Effective April 4, 1990.

The

provisions of the Act relating to

maximum amounts which may be contributed

shall apply only with respect to

contributions made after the Act becomes

effective and such contributions shall

not be aggregated with those made before

the Act became effective.

Act 1092; HB 1336
This Act amends the "Ethics in Government Act" so as to prohibit any state, county, or municipal corporation, authority, school district, or political subdivision of this state or its departments, agencies, boards, bureaus, or commissions or any person acting on behalf of such entities from making contributions to any campaign committee, political action committee, or political organization. The Act provides that the use of the capitol building and grounds and the authority of the State Personnel Board or the authority of any agency to regulate the political activities of its employees shall not be affected by the Act.
The Act enacts o.c.G.A. Section 21-5-30.2.
Effective March 28, 1990.

Act 1310; HB 1312

This Act amends the "Ethics in

Government Act," relating to the

disposition of excess

campaign

contributions, so as to delete the

authorization for converting excess

contributions to personal use, authorize

transfers of contributions to the

persons who made such contributions, and

provide that contributions and interest

thereon shall not constitute personal

assets of a candidate or public officer.

The Act amends O.C.G.A. Section

21-5-33.

Effective April 11, 1990.

- 46 -

TITLE 22 EMINENT DOMAIN
Act 1190; HB 1050
This Act expands the provisions of O.C.G.A. Section 22-3-60, relating to the power of eminent domain in connection with the construction and operation of waterworks, so that such provisions apply to sanitary sewerage systems as well as to waterworks.
The Act amends O.C.G.A. Sections 22-3-60, 22-3-61, and 22-3-62.
Effective July 1, 1990.
TITLE 24 EVIDENCE
Act 1391; HB 1321
This Act provides that in all cases involving deprivation or in criminal cases involving child molestation the child involved shall be competent to testify.
The Act amends O.C.G.A. Section 24-9-5.
Effective July 1, 1990.
Act 753; SB 636
This Act provides a qualified privilege against disclosure of certain information and materials for persons, companies, or other entities engaged in news gathering and dissemination.
The Act enacts o.c.G.A. Section 24-9-30.
Effective March 13, 1990.
Act 1187; HB 842
This Act provides for disclosure of AIDS confidential information in certain proceedings and procedures regarding mentally ill, mentally retarded, alcoholic, or drug dependent persons and in certain guardianship proceedings and procedures. The Act also authorizes certain health care providers exposed to body fluids of a patient to order an HIV test and obtain the results thereof notwithstanding the patient's refusing the test.
The Act amends O.C.G.A. Sections 24-9-47 and 31-22-9.2.
Effective April 4, 1990.
Act 1351; SB 579
This Act provides for the payment of witness fees to any arson investigator of the state fire marshal's office and any member of a local fire department.
The Act amends O.C.G.A. Section
- 47 -

TITLE 24 (continued)

24-10-27. Effective July 1, 1990.

TITLE 25 FIRE PROTECTION AND SAFETY

Act 1364; SB 711

This Act requires certain buildings,

regardless of the date of their

construction, to have smoke detectors in

interior corridors, halls, and basements

and

to have those detectors

interconnected to required fire alarms.

The Act amends O.C.G.A. Section

25-2-13.

Effective July 1, 1990.

VETO NO. 28; SB 716

This Act provides that the owner of an

!1~,o[iJ,~.U:i'l: aboveground storage tank for diesel fuel
which is designed ;t;o .,supp~ a fuel

~;!~~~!~~al;:,
and intfnded.';;J f

i~;::;~~:~
~vehicles

designed,for-igh y.

ri ural use

in conne~i w h

e

lishment

shall prW-i p n

ications

for approval by the state fire marshal.

Conditions are specified for the

approval of such aboveground storage

tanks.

The Act amends O.C.G.A. Section

25-2-16.

Act 1087; HB 620
This Act changes the minimum requirements for organization of fire departments by updating a reference to a national standard in accordance with which such departments must be established.
The Act amends O.C.G.A. Section 25-3-23.
Effective July 1, 1990.

Act 1209; HB 1651

This Act requires certain utilities to

participate in a utilities protection

center and eliminates certain filing and

fee requirements for such centers. The

Act changes which persons engaging in

blasting or excavating activities must

notify such centers of those activities

and changes the conditions regarding

those notices. The Act establishes the

manner and accuracy of making the

location of underground utility

facilities

and changes certain

definitions and exemptions.

The Act amends o.c.G.A. Section

- 48 -

TITLE 25 (continued)

15-6-77 and Chapter 25-9. Effective April 4, 1990.

TITLE 26 FOOD, DRUGS, AND COSMETICS

Act 1071; SB 516
This Act makes changes in the "Georgia Food Act" so as to provide that a food shall be deemed to be adulterated and unsafe if it bears a pesticide residue in excess of a tolerance established by the United States Environmental Protection Agency under the Federal Food, Drug, and Cosmetic Act or if it bears a residue which appears at a level which is readily quantifiable by methods of assay for pesticide residues employed by the commissioner on the date of the assay.
The Act amends O.C.G.A. Section 26-2-26.
Effective July 1, 1990.

Act 1104; HB 1654
This Act amends O.C.G.A. Section 26-2-32, relating to honey and imitation honey labels, by providing that any person convicted of violating those provisions shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by confinement for a total term not to exceed 12 months, or both.
Effective July 1, 1990.

TITLE 27 GAME AND FISH

Act 957; SB 534

This Act provides that a petition for

judicial review of a final decision of

the Board of Natural Resources to a

superior court shall be heard by such

court within 90 days from the date the

petition for review is filed and an

order dispositive of the

issues

presented for review shall be entered

within 30 days of the date of the

hearing or the final decision of the

board shall be considered affirmed by

operation of law. The Act further

provides that upon the approval,

modification, or revocation of a permit

for handling solid waste, and at the

time that notification is sent to the

applicant or permit holder, the director

shall send a copy of such notification

to the legal organ of the county or

counties wherein the disposal facility

or site is located or is to be located.

The Act amends o.c.G.A. Sections

- 49 -

TITLE 27 (continued)
27-1-5, 12-2-1, and 12-8-27. Effective March 22, 1990.
Act 1096; HB 1373
This Act authorizes the commissioner of natural resources to authorize and direct the department's conservation rangers to assist any law enforcement agency of this state or any municipality, county, or other political subdivision in any criminal case upon request.
The Act amends O.C.G.A. Section 27-1-18.
Effective March 28, 1990.
Act 1103; HB 1629
This Act requires that any wildlife at the business premises of a taxidermist must have a tag attached displaying a number that can be cross-referenced with the same number in the taxidermist's written records. The Act further requires a taxidermist to keep a record of the date the wildlife was killed and to maintain all written records as long as the wildlife remains on the business premises. The Act provides for a blanket commercial shooting preserve license at an annual fee of $500.00. The Act additionally provides that it shall be lawful for any person to hunt game birds without a hunting license on a shooting preserve which possesses a valid blanket shooting preserve license.
The Act amends O.C.G.A. Sections 27-2-9, 27-2-23, 27-3-110, and 27-3-114.
Effective April 1, 1991.
Act 1454; SB 741
This Act provides that the fee for an annual nonresident salt-water fishing license shall be $30.00 and the fee for a seven-day license shall be $15.00.
The Act amends o.c.G.A. Section 27-2-23.
Effective July 1, 1990.
Act 1098; HB 1412
This Act provides that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.
The Act amends o.c.G.A. Section 27-3-4.
Effective July 1, 1990.
- 50 -

TITLE 27 (continued)
Act 1197; HB 1372
This Act deletes the provisions of o.c.G.A. Section 27-4-10 which provide for a creel and possession limit for red drum and deletes the provisions of o.c.G.A. Section 27-4-11 which provide minimum size limits for red drum and spotted sea trout.
Effective April 4, 1990.
TITLE 28 GENERAL ASSEMBLY
Act 1091; HB 1309
This Act requires the Legislative Services Committee to meet at least once during each calendar quarter instead of each month and authorizes that committee to approve certain invoices at its meetings, by written approval of a majority of its members, and in any other manner the committee establishes.
The Act amends O.C.G.A. Sections 28-4-1 and 28-4-6.
Effective March 28, 1990.
Act 1203; HB 1446
This Act transfers from the Secretary of State to the legislative counsel the duty of compiling, indexing, editing, and publishing the Georgia Laws. The Act provides for the distribution by the Secretary of State of the Georgia Laws and the journals of the House and Senate upon the written order of those on the official distribution lists and provides for the sale of such laws and journals to others not on those lists. The Act removes the requirement for mailing copies of certain Acts to each clerk of the superior court.
The Act amends O.C.G.A. Sections 28-4-3, 45-13-22, and 45-13-24 and repeals o.c.G.A. Section 45-13-23.
Effective October 1, 1990, and applies with respect to Georgia Laws and journals for sessions of the General Assembly taking place after that date.
TITLE 29 GUARDIAN AND WARD
Act 1164; HB 1390
This Act authorizes probate judges to approve compromised claims entered into by a guardian on behalf of his ward without the guardian's receiving the consideration for the compromise as a lump sum; but the ward may receive the consideration through a structured
- 51 -

TITLE 29 (continued)
settlement or trust after the ward reaches majority.
The Act amends O.C.G.A. Section 29-2-16.
Effective July 1, 1990.
Act 1198; HB 1391
This Act changes the provisions regarding certificates filed with the clerk of the superior court concerning proposed wards who own property, provides for the automatic termination of a guardianship, except for the final accounting, upon the death of the ward, and changes who assumes the duties of administering the ward's estate when the ward dies intestate.
The Act amends O.C.G.A. Sections 29-5-6 and 29-5-9.
Effective July 1, 1990.
TITLE 30 HANDICAPPED PERSONS
Act 1424; SB 560
This Act changes the termination date of the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired from July 1, 1990, to July 1, 1991.
The Act amends O.C.G.A. Section 30-7-5.
Effective April 16, 1990.
TITLE 31 HEALTH
Act 1204; HB 1457
This Act eliminates the requirement for the establishment of a Human Subjects Research Review Board by the Department of Human Resources and provides direct authority to that department and the Board of Human Resources to grant variances and waivers to specific rules and regulations which establish standards for facilities or entities regulated by the department and changes the conditions for such grants.
The Act amends o.c.G.A. Section 31-2-4.
Effective July 1, 1990.
Act 1354; SB 628
This Act changes the composition of the Health Planning Review Board, provides which members serve on panels when there are conflicts of interest, and establishes time periods for certain
- 52 -

TITLE 31 (continued)

actions by the board and panels. The Act amends O.C.G.A. Section
31-6-44. Effective July 1, 1990.

Act 1216; HB 1939
This Act provides for the revocation of a certificate of need or authority to operate a health care facility if such facility's permit to operate as an institution is revoked by the Department of Human Resources and authorizes the services of such facility to continue to be offered in that facility's service area.
The Act enacts o.c.G.A. Section 31-6-45.1.
Effective April 4, 1990.

Act 1099; HB 1434
This Act eliminates the requirement that freestanding emergency care clinics be licensed as institutions by the Department of Human Resources.
The Act amends O.C.G.A. Section 31-7-1.
Effective July 1, 1990.

Act 1397; HB 580
This Act requires hospitals that operate emergency rooms to post notices therein regarding rights under federal and state law regarding examination and treatment for emergency medical conditions and women in active labor.
The Act enacts o.c.G.A. Section 31-7-3.1.
Effective January 1, 1991.

Act 1147; SB 333

This Act provides that the medical

practitioners who may not be

discriminated against in the granting of

staff privileges in public hospitals are

only doctors of medicine, doctors of

podiatry,

doctors

of osteopathic

medicine, and doctors of dentistry,

provides

for

reports

to their

appropriate licensing boards regarding

certain actions relating to such staff

privileges, and changes the conditions

for granting such privileges.

The Act amends O.C.G.A. Sections

31-7-7 and 31-7-8.

Effective July 1, 1990.

Act 1067; SB 229
This Act authorizes authorities to provide

hospital financial

- 53 -

TITLE 31 (continued)

assistance to their employees and prospective employees for educational training in health care and to provide grants and loans to private not for profit organizations for the provision of health, medical, or social services.
The Act amends O.C.G.A. Section 31-7-75.
Effective July 1, 1990.

Act 1097; HB 1383
This Act clarifies the scope of home health agency service areas which are exempt from a certificate of need and prohibits the consideration or issuance of determinations of certain of those exemptions.
The Act amends o.c.G.A. Section 31-7-155.
Effective March 28, 1990.

Act 1230; SB 468

This Act changes the name of the

Hospital Equipment Financing Authority

to the Hospital Financing Authority,

broadens the projects of such authority

to

include

the

acquisition,

construction, and equipping of health

care facilities, changes definitions,

and changes the provisions relating to

legal counsel for the authority and the

maturity and interest rate of bonds

issued by the authority.

The Act amends O.C.G.A. Sections

31-7-190, 31-7-191, 31-7-192, 31-7-193,

31-7-194, 31-7-195, 31-7-196, 31-7-197,

31-7-198, 31-7-201, and 31-7-206.

Effective April 4, 1990.

Act 738; HB 1696
This Act creates the Indigent Care Trust Fund; authorizes health care providers, political subdivisions of the state, and others to contribute to the fund; and authorizes the General Assembly to appropriate money from the fund to the Department of Medical Assistance only for certain Medicaid and other health care programs for indigent persons. The Act provides conditions under which contributions to the fund may be refunded to its contributors.
The Act enacts O.C.G.A. Article 6 of Chapter 31-8.
Effective March 6, 1990.

Act 1337; SB 420

This

Act

includes

intraductal

injection procedures within those

diagnostic procedures that a person must

be informed about and must consent to

- 54 -

TITLE 31 (continued)

before

having

administered.

The Act amends

31-9-6.1.

Effective July 1,

such O.C.G.A. 1991.

procedure Section

Act 1189; HB 947
This Act designates the Department of Human Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radiation generating equipment; designates the Department of Natural Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radioactive materials; and provides for the powers and duties of those agencies regarding such responsibilities. The Act provides for impounding, condemning, and destroying radioactive material in emergencies. The Act changes certain definitions and penalties and authorizes inspections, investigations, and administrative and judicial orders. The Act authorizes the Governor to transfer departmental duties and powers.
The Act amends o.c.G.A. Chapter 31-13. Effective April 4, 1990.

Act 1074; SB 552
This Act removes the requirement for a physician to collaborate or consult with another physician in order to be authorized to perform a sterilization procedure upon an adult or emancipated minor and removes the requirement that the spouse of such person consent to that procedure.
The Act amends O.C.G.A. Section 31-20-2.
Effective July 1, 1990.

Act 1259; HB 999
This Act authorizes a competent adult to appoint an agent and give to the agent a durable power of attorney to make health care decisions on behalf of an individual when such individual is unable to understand the general nature of the health care procedure to be consented to or refused. The powers which may be delegated to such agent include all powers the delegating individual may have to be informed about and consent to or to refuse or withdraw any type of health care for that individual and include the powers to cause or prevent the withholding or withdrawal of life-sustaining or death-delaying procedures and the power to make anatomical gifts, approve

- 55 -

TITLE 31 (continued)

autopsies, and determine the disposition of the individual's body after death. The Act provides for the revocation of such powers, establishes the powers and duties of agents and health care providers with regard to such powers,
and provides for immunity from liability for conduct in conformity with the Act
and sanctions for conduct in violation of the Act. The Act provides a short form durable power of attorney for health care.
The Act enacts o.c.G.A. Chapter 31-36. Effective July 1, 1990.

Act 1250; HB 1226
This Act creates the Health Care Personnel Policy Advisory Commission to coordinate the collection and analysis of comprehensive data regarding health care personnel supply and demand and health care trends and to use that data to formulate a plan to achieve and maintain a balance between the supply and demand of such personnel. The Act creates the Health Care Personnel Overview Committee composed of members of the General Assembly to review the recommendations and plans of such commission and to make a biennial report of the committee's recommendations.
The Act enacts O.C.G.A. Chapter 31-36. Effective April 10, 1990, for purposes of appointing members to the commission or committee and effective July 1, 1990, for all other purposes.

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Act 1059; HB 1417
This Act changes the number of days for which per diem is allowed for members of the State Transportation Board.
The Act amends o.c.G.A. Section 32-2-20.
Effective March 28, 1990.

Act 962; HB 1235

This

Act

changes

the length

restrictions applicable to automobile

carriers.

The Act amends o.c.G.A. Section

32-6-24.

Effective July 1, 1990.

- 56 -

TITLE 32 (continued)

Act 1231; SB 567
This Act authorizes the Department of Human Resources to use available federal and state funds to assist private nonprofit corporations and associations in providing transportation services for the elderly and handicapped persons.
The Act repeals o.c.G.A. Section 32-9-3 and amends O.C.G.A. Sections 45-9-42 and 49-2-13.1.
Effective July 1, 1990.

TITLE 33 INSURANCE

Act 1357; SB 662

This Act defines fraudulent insurance

acts and authorizes the Commissioner of

Insurance to investigate such acts. The

Act also provides for various procedural

matters relative to investigations, the

attendance of witnesses, and the

collection of evidence; gives civil

immunity to

persons

supplying

information, the Commissioner, and the

employees or agents of the Commissioner;

and authorizes the reporting of alleged

violations of law to the appropriate

prosecuting attorneys. The Act further

provides for motor vehicle insurance

premium reductions for certain persons

under age 25 who are full-time students

and meet certain requirements and lower

motor vehicle insurance rates for good

drivers meeting certain requirements.

The Act enacts O.C.G.A. Sections

33-1-16, 33-34-16.1, 33-34-16.2, and

33-34-16.3.

Effective July 1, 1990.

Act 1363; SB 709
This Act directs the Commissioner of Insurance to include in his supplemental report on property and casualty insurance a summary of actions taken by the insurance department on personal lines property and casualty insurance rate filings that result in the filing of lower rates by insurance companies.
The Act amends O.C.G.A. Section 33-2-8.1.
Effective July 1, 1990.

Act 1300; HB 1128
This Act defines health maintenance organization as a separate class of insurance and changes various capital and surplus requirements for the qualification of an insurer for an original certificate of authority, for certain reinsurers, for certain domestic

- 57 -

TITLE 33 (continued)
mutual insurers, and for domestic reciprocal insurers.
The Act amends O.C.G.A. Sections 33-3-5, 33-3-6, 33-3-7, 33-7-14, and 33-17-16.
Effective on January 1, 1991, with respect to new or newly admitted insurers and effective for all purposes on July 1, 1992.
Act 1241; HB 1219
This Act requires an insurer to give written notice to an insured under certain policies or contracts of life insurance at the time of issuance or delivery of the policy or contract. Notice is not required for credit life insurance or if the insured is older than the age of majority and has signed or acknowledged the contract, if the insured is a minor, or if the amount of life insurance under the contract is less than $10,000.00.
The Act amends o.c.G.A. Section 33-24-6.
Effective July 1, 1990.
Act 722; SB 523
This Act provides that a corporation may effectuate insurance upon the lives of its employees in whom it has an insurable interest and that a trustee of a trust established by a corporation providing certain employee benefits may effectuate insurance upon the lives of employees to whom such benefits are to be provided if the insurance contract or contracts held by the corporation or trustee cover at least 100 employees.
The Act amends .o.c.G.A. Section 33-24-6.
Effective February 21, 1990.
Act 1338; SB 434
This Act provides new standards and requirements for the rating of small groups of 50 lives or less under group life insurance and group accident and sickness insurance and requires notices of premium increases to be mailed or delivered to the group policyholder not less than 60 days prior to the effective date of the premium increase. The Act also requires individual policies of major medical insurance, including franchise and conversion policies, to make available to applicants optional cash deductibles as a means of reducing the premiums paid for such policies.
The Act amends O.C.G.A. Sections 33-27-1, 33-29-2, and 33-30-1 and enacts
- 58 -

TITLE 33 (continued)

o.c.G.A. Sections 33-27-8, 33-30-28, and 33-30-29.
Effective October 1, 1990.

33-27-9,

Act 1251; HB 1427

This Act requires insurers to make

available, either as a part of or as an

optional endorsement to group or

individual policies of accident and

sickness insurance,

coverage

for

mammograms and Pap smears for covered

females.

The Act enacts o.c.G.A. Sections

33-29-3.2 and 33-30-4.2.

Effective July 1, 1990.

Act 1302; HB 1195
This Act extends the operation of O.C.G.A. Chapter 33-33, relating to fair access to insurance requirements, to December 31, 1994.
The Act amends O.C.G.A. Section 33-33-11.
Effective July 1, 1990.

Act 1286; HB 255
This Act revises provisions relative to notices of cancellation of motor vehicle insurance which insurers are required to give to the Department of Public Safety and directs the commissioner of public safety to notify the Commissioner of Insurance on a quarterly basis of any notices of cancellation sent by an insurer which are in violation of administrative regulations. Any irregularities in a notice of cancellation sent to the Department of Public Safety shall not, however, invalidate an otherwise valid cancellation of a motor vehicle insurance policy.
The Act amends O.C.G.A. Section 33-34-11.
Effective April 11, 1990.

Act 892; SB 433
This Act requires insurers to give a reduction in premiums for personal or family-type policies of motor vehicle insurance of not less than 10 percent if each principal driver meets certain requirements and completes one of several types of defensive driving courses. The Department of Public Safety is directed to assure the availability and accessibility of defensive driving courses to licensed drivers throughout the state and, with respect to such courses administered by nonprofit organizations, the supervisory

- 59 -

TITLE 33 (continued)
powers of the Department of Public Safety are limited to the establishment of minimum standards and requirements relative to the content of courses and complaint resolution.
The Act amends O.C.G.A. Section 33-34-16.
Effective March 20, 1990.

Act 1330; HB 1710
This Act revises provisions relative to assessments of insurers which are members of the Georgia Life and Health Guaranty Association. The Act reduces the classes of assessments from three to two, provides that a certain class of assessment may be made on a pro rata or nonpro rata basis, and provides for the allocation of certain assessments.
The Act amends O.C.G.A. Section 33-38-15.
Effective July 1, 1990.

Act 1210; HB 1674

This Act requires the Commissioner of

Insurance to issue rules and regulations

to establish minimum standards for

benefits and claims payments, marketing

practices,

agent

compensation

arrangements, and reporting practices of

insurers for medicare supplement

insurance policies. The Act also

repeals certain provisions relative to

the compensation of agents of insurers

issuing medicare supplement insurance

policies.

The Act amends O.C.G.A. Sections

33-43-4 and 33-43-5.

Effective April 4, 1990.

Act 1257; HB 1813

This Act requires private review

agents who review the appropriate and

efficient allocation of charges of

hospital, outpatient, medical, or other

health care services to be certified by

the Commissioner of Insurance. The Act

further provides for applications for

certification, fees, requirements for

certification, certificate expiration or

renewal, and related matters.

The

Commissioner of Insurance is granted

administrative

and

regulatory

jurisdiction over private review agents

and is directed to review periodically

such agents and establish reporting

requirements for such agents. The Act

exempts certain private review agents,

including an agent working under

contract with a licensed insurer

providing administrative services to a

health care benefit plan negotiated

through collective bargaining and

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TITLE 33 (continued)

executed prior to January 1, 1990.

The Act enacts O.C.G.A. Chapter 33-45.

Effective January 1, 1991, if funds

have been appropriated prior to such

date. If such funds have not been

appropriated prior to January 1, 1991,

the Act shall become effective on the

effective date of the Act which

appropriates funds

necessary

for

implementation.

Act 1399; HB 1137
This Act provides for the regulation of continuing care facilities and providers by the Department of Insurance and requires any person in the business of providing continuing care to obtain a certificate of authority from the department. The Act further provides for the filing of annual financial statements by continuing care providers and provides standards and requirements for continuing care agreements. Penalties for violations are provided and civil actions for damages are authorized.
The Act enacts o.c.G.A. Chapter 33-45. Effective January 1, 1991, for the purposes of promulgating rules and forms. Effective for all purposes on July 1, 1991.

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Act 1219; SB 232

This Act amends o.c.G.A. Section

34-8-40, which defines employment for

the

purposes

of

unemployment

compensation, so as to exclude from the

definition of employment services

performed by certain individuals in the

catching or harvesting of fish or other

aquatic forms of life and similar

services.

Effective July 1, 1990.

Act 1365; SB 728
This Act authorizes volunteers of an emergency management or civil defense organization, emergency medical service, or rescue organization and persons certified as medical first responders to be covered employees for the purposes of workers' compensation benefits and authorizes the employment of certain minors in the care and maintenance of lawns, gardens, and shrubbery if such minors are covered either by a workers' compensation insurance plan or an accident and sickness insurance plan and

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TITLE 34 (continued)

if other conditions are satisfied.
The Act amends o.c.G.A. Section 34-9-1 and enacts O.C.G.A. Section 39-2-11.1.
Effective July 1, 1990.

Act 1057; HB 1351
This Act authorizes an employer of farm laborers who are exempt from workers' compensation insurance coverage to elect to provide such coverage to those individuals by giving written notice to the State Board of Workers' Compensation. An employer who elects to provide workers' compensation insurance coverage to individuals employed as farm laborers may not discontinue such coverage until the notice filed with the board is revoked.
The Act enacts o.c.G.A. Section 34-9-2.3.
Effective July 1, 1990.

Act 1270; HB 319
This Act includes construction design professionals, such as architects or engineers, and certain employees of such professionals among those persons who may not be sued by an injured employee as a third-party tort-feasor.
The Act amends O.C.G.A. Section 34-9-11.
Effective July 1, 1990.

Act 1266; HB 1168
This Act prohibits the payment of workers' compensation benefits to an injured employee if the injury was due to being under the influence of marijuana or a controlled substance, except as may have been lawfully prescribed by a physician for such employee and taken in accordance with such prescription.
The Act amends o.c.G.A. Section 34-9-17.
Effective July 1, 1990.

Act 1340; SB 464

This Act revises numerous provisions

relating to the amount and payment of

workers'

compensation

benefits,

rehabilitation

benefits,

medical

examinations of injured employees,

compensation of the chairman and members

of the State Board of Workers'

Compensation, and reimbursement of

certain insurers for benefits paid. The

maximum weekly benefit payable for total

disability and temporary partial

disability is increased. The Act also

requires a workers' compensation insurer

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TITLE 34 (Continued)

to file its own individual rate filing

for premiums and to update such filing

at least once every two years.

The Act amends O.C.G.A. Sections

34-9-13, 34-9-52, 34-9-104, 34-9-200,

34-9-200.1,

34-9-201,

34-9-202,

34-9-205, 34-9-206, 34-9-220, 34-9-221,

34-9-243, 34-9-261, 34-9-262,

and

33-9-21 and enacts o.c.G.A. Section

34-9-244.

Effective July 1, 1990, except

provisions amending O.C.G.A. Section

34-9-52, which are effective on June 30,

1990.

Act 1105; HB 1753

This

Act

requires

workers'

compensation

insurers to offer

deductibles optional to the policyholder

for the benefits payable under the

policy. If the policyholder exercises

the option and chooses a deductible, the

insurer would pay all or part of any

deductible amount to an employee

entitled to benefits and then would be

reimbursed for such deductible amount by

the insured employer.

The Act enacts O.C.G.A. Section

34-9-124.1.

Effective March 28, 1990.

Act 1256; HB 686
This Act prohibits policies of workers' compensation insurance, group self-insurance funds, or employers who are workers' compensation self-insurers from requiring recipients of workers' compensation benefits to obtain pharmacy services, including prescription drugs, from an out-of-state mail order pharmacy.
The Act enacts o.c.G.A. Section 34-9-124.1.
Effective July 1, 1990.

Act 1202; HB 1426
This Act allows the agent of an applicant for a policy of workers' compensation insurance to confirm in writing four insurers' refusals to cover the risk so as to qualify the applicant for the assignment of the risk by the Commissioner of Insurance.
The Act amends O.C.G.A. Section 34-9-133.
Effective July 1, 1990.

Act 1240; SB 693
This Act deletes the requirement that certain securities deposits of group self-insurance funds for workers'

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TITLE 34 (continued)
compensation be maintained with the Commissioner of Insurance, modifies reserves requirements for certain claims, and exempts group self-insurance funds for workers' compensation from state and local insurance premium taxes.
The Act amends O.C.G.A. Sections 34-9-161, 34-9-163, and 34-9-171 and repeals O.C.G.A. Section 34-9-170.
Effective July 1, 1990