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

- 60 -

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

- 61 -

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

- 62 -

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'

- 63 -

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.
Act 1200; HB 1421
This Act creates the Self-insurers Guaranty Trust Fund, the purpose of which is to meet the workers' compensation benefit obligations of employees who are self-insured but unable to meet such obligations because of insolvency. The Act establishes a board of trustees to administer the fund and provides for assessments against participants.
The Act enacts O.C.G.A. Article 10 of Chapter 34-9.
Effective July 1, 1990.
Act 1211; HB 1686
This Act requires certain boilers and pressure vessels excepted from the "Boiler and Pressure Vessel Safety Act" to be regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner of Insurance.
The Act amends O.C.G.A. Section 34-11-7.
Effective July 1, 1990.
Act 1426; SB 570
This Act requires all carnival owners and operators to post a sign stating any age, weight, or height requirements for carnival rides and to refuse entry to persons not meeting such requirements, to maintain a specified minimum amount of insurance, and to operate such rides according to certain minimum standards. The Act requires the Department of Labor to inspect all traveling carnival rides at each new location, provides for all inspection costs, and requires traveling carnival rides to have registered agents in the state.
The Act amends o.c.G.A. Chapter 34-13. Effective July 1, 1990.
- 64 -

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES
Act 1311; HB 1435
This Act grants law enforcement jurisdiction over highway safety rest areas and welcome centers to the Uniform Division of the Department of Public Safety.
The Act amends o.c.G.A. Section 35-2-32.
Effective April 11, 1990.

Act 966; SB 262
This Act eliminates the native born United States citizenship requirement and the preference for Georgia natives from the eligibility requirements for troopers of the Uniform Division of the Department of Public Safety.
The Act amends O.C.G.A. Section 35-2-43.
Effective July 1, 1990.

Act 1402; HB 1204
This Act authorizes the Georgia Crime Information Center to make criminal history records available to county boards of registrars or county boards of registration and election.
The Act amends o.c.G.A. Section 35-3-35.
Effective July 1, 1990.

Act 1385; HB 1323

This Act creates the position of state

medical examiner within the Forensic

Sciences Division of the Georgia Bureau

of Investigation. The Act provides for

the qualifications, duties, and powers

of the state medical examiner. The Act

creates the Medical Examiner Advisory

Board. The Act requires that coroners

complete a basic training course

provided by the Georgia Police Academy

within 180 days of their election or

appointment and increases the number of

hours of additional annual training

required. The Act changes the name of

the "Georgia Post-mortem Examination

Act" to the "Georgia Death Investigation

Act" and further amends such Act by

substantially

redefining

terms,

authorizing the state medical examiner

to appoint regional and local medical

examiners, and authorizing coroners or

county medical examiners to delegate

certain forensic duties to a qualified

local medical examiner, forensic

consultant, or investigator. The Act

requires a medical examiner's inquiry of

all unexpected or unexplained deaths of

children under age seven, deaths of

- 65 -

TITLE 35 (continued)
persons 16 years of age and under occurring in a suspicious or unusual manner, deaths from state ordered executions, and deaths of inmates in state hospitals or state or local penal institutions. A copy of the medical examiner's inquiry in cases of unexplained deaths of children under age seven is to be sent to the division of family and children services in the county in which the child resided at the time of death. An autopsy must be performed in all deaths of children under age seven unless the medical examiner's inquiry shows that the death was expected or explainable with a reasonable degree of medical certainty. The Act changes certain responsibilities and powers of coroner's juries in inquests.
The Act amends O.C.G.A. Sections 45-16-1, 45-16-20 through 45-16-48, 45-16-62, and 45-16-66 and enacts O.C.G.A. Section 35-3-15.
Effective July 1, 1990, except that provisions for appointment of members of the advisory commission are effective April 16, 1990.
TITLE 36 LOCAL GOVERNMENT
Act 1319; HB 1567
This Act changes certain provisions relating to transportation of waste materials across county lines. The Act also provides that county ordinances may impose a maximum penalty of $1,000.00 per day for industrial users who violate ordinances adopted pursuant to the federal Clean Water Act.
The Act amends o.c.G.A. Sections 36-1-16 and 36-1-20.
Effective July 1, 1990.
Act 1379; HB 1443
This Act requires any person appointed clerk of the governing authority of any county to complete a course of training at the Carl Vinson Institute of Government and authorizes the institute to work with the Association County Clerks of Georgia and the Association County Commissioners of Georgia in establishing and providing such training.
The Act enacts O.C.G.A. Section 36-1-24.
Effective July 1, 1990.
- 66 -

TITLE 36 (continued)
Act 725; HB 1247
This Act provides that the proposed demolition of any county courthouse which is listed in the National Register of Historic Places must be submitted to the voters of the county.
The Act enacts O.C.G.A. Section 36-9-2.1.
Effective February 23, 1990.
Act 1222; SB 687
This Act provides that counties and municipalities may sell or grant real property and any lesser interests in real property to the State of Georgia for establishment of a facility by the state or an authority or instrumentality thereof if such sale would be of benefit to the county or municipality.
The Act amends O.C.G.A. Sections 36-9-3 and 36-37-6.
Effective April 4, 1990.
Act 1372; HB 1442
This Act enacts the "Georgia County Leadership Act." The Act requires newly elected members of county governing authorities to complete a training course of at least 18 hours on administration and operations of county governments. The Act creates the Georgia County Leadership Academy and provides guidelines and procedures for such training.
The Act also enacts the "Georgia Municipal Training Act," creates the Georgia Municipal Training Institute, and provides for training of newly elected members of municipal governing authorities.
The Act enacts O.C.G.A. Chapters 36-20 and 36-45.
Effective April 12, 1990.
Act 975; SB 706
This Act provides that the governing authority of any municipal corporation in this state having a population of 400,000 or more may authorize the mayor to execute certain contracts on behalf of such municipal corporation with public or private entities to support certificates of participation in a principal amount of not more than $100 million, for periods not exceeding 50 years, and for valuable consideration with respect to property or facilities used for criminal justice purposes and located within the downtown development area of such municipal corporations.
The Act amends O.C.G.A. Section 36-30-3.
- 67 -

TITLE 36 (continued)

Effective March 28, 1990.

Act 1225; HB 1294
This Act creates the Georgia Municipal Courts Training Council and requires all new judges of the municipal courts to complete 20 hours of training in the first year after election or appointment and 12 hours each year thereafter.
The Act amends O.C.G.A. Section 36-32-11 and enacts o.c.G.A. Sections 36-32-20 through 36-32-27.
Effective July 1, 1990.

Act 1334; HB 1846

This

Act

authorizes certain

municipalities to annex territory upon

agreement of the mayor and city council

and the chairmen of the board of

education and the board of commissioners

of the county in which the municipality

lies and submission of the agreement to

the chief judge of the superior court of

such county.

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

36-36-22.1.

Effective April 11, 1990.

Act 1151; SB 489
This Act changes the qualifications of directors of downtown development authorities.
The Act amends O.C.G.A. Section 36-42-7.
Effective March 30, 1990.

Act 1321; HB 1601
This Act authorizes the assessment and collection of surcharges on business license fees and occupation taxes to fund supplemental services in city business improvement districts.
The Act amends O.C.G.A. Sections 36-43-4 and 36-43-6.
Effective July 1, 1990.

Act 961; HB 1207
This Act authorizes counties and municipalities to enter into multiyear installment contracts under certain conditions.
The Act enacts O.C.G.A. Section 36-60-14.
Effective March 22, 1990.

- 68 -

TITLE 36 (continued)

Act 1101; HB 1548
This Act amends the "Development Authorities Law" to provide for the disposition of property of certain development authorities created by constitutional amendment prior to July 1, 1983, and subsequently dissolved by operation of law.
The Act enacts O.C.G.A. Section 36-62-13.
Effective March 28, 1990.

Act 1427; SB 580
This Act amends the "Georgia Mutual Aid Act" to provide for extraterritorial cooperation and assistance between local law enforcement agencies and law enforcement agencies of institutions within the University System of Georgia.
The Act amends O.C.G.A. Sections 36-69-2 through 36-69-8.
Effective July 1, 1990.

Act 1186; HB 796

This Act enacts the "Georgia

Development Impact Fee Act," so as to

provide that municipalities and counties

which have adopted a comprehensive plan

containing a capital

improvements

element are authorized to impose by

ordinance development impact fees as a

condition of approval

for

such

development.

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

36-71-1 through 36-71-13.

Effective April 4, 1990.

Act 1348; SB 554
This Act provides for expenditure of bond funds for purposes other than those stated in the public bond notice upon a finding by the governing authority of the issuing political subdivision that there are excess funds remaining, that the original purpose no longer exists, or circumstances have changed so that expenditure is no longer practicable or feasible.
The Act enacts o.c.G.A. Section 36-82-4.2.
Effective April 11, 1990.

Act 1212; HB 1708

This

Act

amends the "Georgia

Allocation System" so as to provide

authorization and

procedures

for

allocation by the Department of

Community Affairs of the state ceiling

on private activity bonds. Federal law

has imposed a state ceiling on the

- 69 -

TITLE 36 (continued)

annual issuance of private activity

bonds and authorizes each state to

establish a formula for allocation of

such state ceiling among those

governmental entities authorized to

issue such bonds. The department is

authorized to increase the amount of a

notice of allocation by not more than 10

percent of the amount of the original

application. If a bond issuer fails to

issue bonds before the expiration of a

notice of allocation, the project

subject to such notice of allocation

shall be barred from receiving an

additional notice of allocation for six

months.

The Act establishes the

economic development share, the flexible

share, and the housing share of the

state ceiling for 1990 and subsequent

years, establishes the reservations from

the housing share, and provides the

requirements and procedures for all

applications for notices of allocation.

The Act applies to all bonds issued on

or after April 1, 1990.

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

36-82-180 through 36-82-202.

Effective April 4, 1990.

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Act 1093; HB 1342
This Act amends O.C.G.A. Section 38-4-5 to authorize the Veterans Service Board to meet in the offices of the Department of Veterans Service or at any other location within the state where such board is conducting business pertaining to veterans.
Effective March 28, 1990.

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Act 1451; HB 1360
This Act extensively amends O.C.G.A. Chapters 1, 2, 3, 5, and 6 of Title 40. The Act requires all persons to obtain a Georgia driver's license and register their vehicles in Georgia within 30 days after becoming a resident of this state. The Act changes certain fees and requirements regarding certificates of registration and certificates of title for motor vehicles. The Act increases certain fees for reinstatement of a suspended or revoked driver's license. The Act changes certain elements of habitual violator status and increases certain penalties for violations by a habitual violator. The Act provides

- 70 -

TITLE 40 (continued)

that a driver with any measurable amount
of marijuana or a controlled substance is guilty of driving under the influence. The Act increases the
penalty for a third DUI in five years to a misdemeanor of a high and aggravated nature, with a fine of not less than $1,000.00 and not more than $5,000.00. The Act transfers certain provisions regarding minimum motor vehicle insurance from O.C.G.A. Chapter 33-34
into O.C.G.A. Chapters 40-5 and 40-6 and certain provisions regarding trespass by motor vehicle transferred from Title 16
to this title. Provisions amending O.C.G.A. Chapters
40-1, 40-2, and 40-3 are effective July 1, 1990, and the remainder of the Act is effective January 1, 1991.

Act 1375; SB 450

This Act provides for disclosure of

any damage which has occurred to a new

motor vehicle which costs more than 5

percent of the manufacturer's suggested

retail price to repair or, in the case

of paint damage, more than $500.00 to

repair. The Act requires the seller of

a used motor vehicle to provide the

purchaser of the vehicle a current

certificate of registration at the time

of sale, with certain limited

exceptions.

The Act expands the

definition of a salvage motor vehicle

and changes the requirements relative to

cancellation of a certificate of

registration and a certificate of title

and issuance of a salvage certificate of

title. The Act further changes the

duties of persons removing a motor

vehicle from public or private property

and the duties of local law enforcement

agencies with respect to such vehicles.

The Act enacts O.C.G.A. Section 40-1-5

and amends o.c.G.A. Sections 40-2-5,

40-2-20, 40-3-2, 40-3-35, 40-11-2, and

40-11-3.

Effective April 12, 1990.

Act 746; HB 1798
This Act authorizes the quarterly installment purchase of license plates where the tag fee exceeds $40.00 for calendar year 1990 only. The Act further authorizes a sheriff to place his distinctive sheriff's license plate on his official vehicle or his personal vehicle.
The Act amends O.C.G.A. Sections 40-2-30 and 40-2-62.
Provisions amending o.c.G.A. Section 40-2-30 are effective March 7, 1990, and provisions amending O.C.G.A. Section 40-2-62 are effective July 1, 1990.

- 71 -

TITLE 40 (continued)

Act 1415; HB 1622

This Act authorizes the Department of

Revenue on behalf of the State of

Georgia to enter into and become a

member of the International Registration

Plan for registration of commercial

vehicles on an apportionment basis. The

Act changes certain weight brackets for

registration of vehicles, establishes

fees

for registration under the

International Registration Plan, and

changes certain requirements regarding

license plates for such vehicles.

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

40-2-33, 40-2-130, 48-10-1, and 48-10-2

and enacts O.C.G.A. Sections 40-2-80,

40-2-81, and 48-10-2.1.

Effective January 1, 1991.

Act 1417; HB 1665
This Act authorizes issuance of distinctive license plates to the Justices of the Supreme Court and the Judges of the Court of Appeals.
The Act amends o.c.G.A. Section 40-2-60.1.
Effective April 16, 1990.

Act 1356; SB 637
This Act authorizes and directs the commissioner of revenue to design the distinctive red, white, and blue license plates for disabled veterans and removes the previous restriction that the license design change annually.
The Act amends O.C.G.A. Section 40-2-70.
Effective July 1, 1990.

Act 1306; HB 1232
This Act provides for the design and issuance of distinctive license plates to persons who are veterans of the armed forces of the United States and who have been awarded the Purple Heart citation upon receipt of 500 such applications.
The Act enacts o.c.G.A. Section 40-2-75.3.
Effective July 1, 1990.

Act 1207; HB 1554
This Act provides for the design and issuance of distinctive license plates to any veteran of the armed forces of the United States who survived the attack on Pearl Harbor upon receipt of 500 such applications.
The Act enacts O.C.G.A. Section 40-2-75.4.
Effective January 1, 1991.

- 72 -

TITLE 40 (continued)

Act 1269; HB 663

This Act provides that upon a first

conviction of driving under the

influence or an accepted plea of nolo

contendere a person must complete a

First Offender DUI Alcohol or Drug Use

Risk Reduction Program which shall

include assessment and may include an

education/intervention component. Upon a

second conviction within five years, a

person must complete a Second Offender

DUI Alcohol or Drug Use Risk Reduction

Program which consists of a 24 hour

intensive intervention component. The

risk reduction programs provided for by

this Act replace the existing DUI

schools and are to be approved and

certified by the Department of Human

Resources subject to criteria and rules

and regulations established by the

department. The Department of Public

Safety retains the authority to approve

driver improvement clinics. The Act

further sets the fees for each component

of such programs.

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

40-5-1, 40-5-58, 40-5-70, 40-5-72,

40-5-80,

40-5-82,

40-5-83,

and

40-6-391.1.

Effective July 1, 1990.

Act 1267; HB 1185
This Act provides for a delay in the issuance of a driver's license to any person under age 16 who is adjudicated or convicted of driving under the influence of alcohol or drugs or of unlawful possession of marijuana, a controlled substance, or a dangerous drug to age 17 for a first conviction and age 18 for a second or subsequent conviction.
The Act enacts o.c.G.A. Section 40-5-22.1.
Effective July 1, 1990.

Act 1288; HB 402

This Act prohibits a person holding a

noncommercial instruction permit from

applying

for or obtaining a

noncommercial driver's license for a

period of 12 months after conviction of

any moving hazardous offense which

resulted in an accident or in suspension

of the instruction permit. The Act

further authorizes municipalities to

require the registration and licensing

of golf carts used on the public streets

of such municipality.

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

40-5-24 and 40-6-331.

Effective July 1, 1990.

- 73 -

TITLE 40 (continued)

VETO NO. 23; SB 448

This Act prohibits the issuance of a

driver's license to any person who does

not m~et;._ , _.s;.ert~~in~-- v.:L.~J-~i;i.... ~standards,

vlsteti,. :1 ptorovid~pesr.s. oi\'!; . hfg:\pj:.fJ'.'<4lltfil.{Wful.'t rbeisoppeticct

t~lescopes;,t: eu:f.', . . ov

ns '?n t~e

11.censei,,o pe o

o

b1.opt1.c

telesco . . ,

a

ho

s

the

Departme

u i

require a

statement from a physician or

optometrist if there are questions

regarding a person's vision.

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

40-5-27.

Act 1419; SB 248
This Act changes certain provisions relative to the requirements for courts to send licenses and reports of convictions to the Department of Public Safety. The Act also authorizes issuance of a personal identification card to any person who otherwise qualifies without regard to whether such person possesses a driver's license.
The Act amends O.C.G.A. Sections 40-5-53 and 40-5-100.
Effective July 1, 1990.

Act 1268; HB 1200

This Act provides for the suspension

of a person's driver's license upon a

conviction of possession of a controlled

substance or marijuana.

A first

conviction results in a 120 day

suspension and reinstatement requires

completion of the assessment and the

education/intervention or intensive

intervention components of a certified

risk reduction program.

A second

conviction within five years results in

a

three-year

suspension

with

reinstatement after one year upon

completion of a certified intensive

intervention component.

A third

conviction within five years results in

a five-year suspension with issuance of

a restricted driving permit after two

years upon completion of a licensed drug

treatment program. Provision is made

for acceptance of a plea of nolo

contendere to a first charge of

misdemeanor possession of marijuana only

and only if the offender is 18 years of

age or older.

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

40-5-75.

Effective July 1, 1990.

- 74 -

TITLE 40 (continued)
Act 1156; SB 642
This Act provides that a person driving in excess of 30 miles an hour above the posted speed limit or leaving the state while fleeing or attempting to elude an officer shall be guilty of a misdemeanor of a high and aggravated nature.
The Act amends O.C.G.A. Section 40-6-395.
Effective July 1, 1990.
Act 1158; HB 1180
This Act redefines the term "passenger vehicle" in the seat belt law so as to require persons in vehicles mounted on a truck chassis, other than pickup trucks, i.e. vans, minivans, etc., to wear seatbelts. The driver and passengers in a pickup truck remain exempt from this requirement. The Act further provides that it is a misdemeanor for any driver to allow a person under age 18 to ride in the uncovered bed of a pickup truck when such truck is traveling on an interstate highway in this state.
The Act amends O.C.G.A. Section 40-8-76.1. and enacts O.C.G.A. Section 40-8-79.
Effective July 1, 1990.
Act 1169; HB 1677
This Act changes the definition of financial responsibility as it applies to habitual violators so as to require persons applying for or operating a vehicle with a probationary license to carry an increased level of liability insurance.
The Act amends O.C.G.A. Section 40-9-2.
Effective July 1, 1990.
Act 1160; HB 1295
This Act removes the requirement that drivers report serious motor vehicle accidents directly to the Department of Public Safety and eliminates the penalties for failure to so report.
The Act repeals O.C.G.A. Sections 40-9-30 and 40-9-31.
Effective July 1, 1990.
Act 1193; HB 1196
This Act provides that a person who has committed no traffic offenses for the prior three years and has had no claims based on fault for the prior three years shall not be eligible to be insured under the assigned risk plan
- 75 -

TITLE 40 (continued)

unless there are specific other reasons why such person is unable to procure a policy of insurance through ordinary methods.
The Act amends O.C.G.A. Section
40-9-100. Effective July 1, 1990.

TITLE 41 NUISANCES

Act 1320; HB 1570

This

Act

provides

for

an

administrative hearing

in

the

municipality in which a building is

located when it is charged that such

building is unfit for human habitation

or its current use. The Act provides an

alternative to the current hearing

provisions requiring a hearing in the

county in which the building is located.

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

41-2-9.

Effective July 1, 1990.

TITLE 42 PENAL INSTITUTIONS

Act 728; HB 1163
This Act authorizes the Department of Corrections to waive, with the approval of the Governor, certain statutory provisions relative to the control over acquisition of architectural and engineering services in order to facilitate the rapid construction or procurement of facilities for inmates; provided, however, the authority to waive certain statutory provisions terminates on July 1, 1991. The Act also deletes the requirement that housing and other operations of a detention facility must conform to the applicable standards of the Department of Human Resources.
The Act amends O.C.G.A. Sections 42-2-14 and 42-4-32.
Effective February 27, 1990.

Act 1349; SB 561
This Act prohibits a sheriff from releasing a prisoner from his custody prior to the lawful completion of his sentence except as provided by law or as directed by a court of competent jurisdiction. A sheriff is not precluded from designating an inmate as a trusty or from transferring a prisoner to another jail if the sheriff concludes that the transfer is in the best interest of the prisoner or that the

- 76 -

TITLE 42 (continued)

transfer is necessary for the orderly administration of the jail. A sheriff or deputy who fails to comply shall be fined for contempt or subject to removal
from office.
The Act amends O.C.G.A. Section
42-4-4. Effective July 1, 1990.

Act 1332; HB 1728

This Act prohibits any person having

charge of a municipal or county

detention facility from incarcerating a

person in such facility unless a

full-time jailer is on duty at all times

and provides that a full-time dispatcher

may also serve simultaneously as a

full-time

jailer of a municipal

detention facility with 12 or fewer

inmates if certain conditions are met.

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

42-4-31.

Effective July 1, 1990.

Act 1148; SB 354

This Act revises provisions relative

to the transmittal of information on

convicted persons so as to require the

clerk of the court to notify by

first-class mail the commissioner of

corrections of a sentence within 30

working days following the receipt of

the sentence and shall include with the

notice three complete and certified

sentence packages containing certain

documents.

The commissioner of

corrections is directed to file one copy

of each document received with the State

Board of Pardons and Paroles within 30

working days of receipt.

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

42-5-50.

Effective September 1, 1990.

Act 1192; HB 1184

This Act prohibits the alteration,

destruction, or expunging of the

criminal records of a defendant who has

been discharged

without

court

adjudication of guilt except for the

entry of discharge on the criminal

docket and other records. If the

criminal docket or other record is

maintained using computer print-outs,

microfilm, or similar means, the entry

of discharge shall be underscored, in

boldface type, or made in a similar

conspicuous manner and shall include the

name of the person making the entry.

This Act also repeals certain provisions

allowing the release of the record of

discharge of a defendant.

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

- 77 -

TITLE 42 (continued)

42-8-62 and 42-8-65. Effective July 1, 1990.

Act 1312; HB 1440
This Act allows the use of a writ of fieri facias and other civil remedies to collect from a defendant delinquent fines, costs, restitution, or reparation which were ordered by the court as a condition of probation. A writ of fieri facias shall be issued by the clerk of the sentencing court after the filing of an affidavit by the defendant's probation officer and the approval of such affidavit by the court.
The Act enacts O.C.G.A. Section 42-8-34.2.
Effective July 1, 1990.

Act 1242; HB 1549

This Act provides for the State Board

of Pardons and Paroles to give notice of

consideration of parole to the victim of

a crime against the person or, if such

victim is deceased, to the spouse,

children, or parents of such victim at

the same time the board gives notice of

consideration

of

parole to the

sentencing judge and the district

attorney of the county in which the

person was sentenced. The victim or, if

the victim is deceased, the spouse,

children, or parents of the deceased

victim shall be allowed to appear at a

hearing held by the State Board of

Pardons and Paroles and express their

views and make a recommendation as to

whether the person should be paroled.

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

42-9-46.

Effective July 1, 1990.

TITLE 43 PROFESSIONS AND BUSINESSES

Act 1428; SB 588

This

Act

provides

for

the

confidentiality of state examining board

examination questions and materials,

clarifies the joint-secretary's subpoena

powers,

and modifies the venue

provisions for cease and desist orders.

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

43-1-2, 43-1-19, and 43-1-20.1.

Effective April 16, 1990.

Act 1146; SB 230

This Act authorizes the State Board of

Architects

to obtain advice and

assistance in preparing and grading

- 78 -

TITLE 43 (continued)

examinations to obtain an architect's

certificate and authorizes

the

joint-secretary of the state examining

boards to contract for administrative

services with respect to such

examinations.

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

43-4-11.

Effective July 1, 1990.

Act 1154; SB 574
This Act changes definitions regarding auctioneers, limits the number of consecutive terms that members of the Georgia Auctioneers Commission may serve and changes the vacancy and meeting provisions relating to that commission. The Act deletes requirements that such commission make certain reports and changes certain exemptions. The Act extends to July 1, 1996, the "sunset" or termination date of such commission.
The Act amends O.C.G.A. Sections 43-6-1, 43-6-3, 43-6-24, and 43-6-26 and repeals O.C.G.A. Section 43-6-5.
Effective March 30, 1990.

Act 1420; SB 291

This Act repeals the laws regulating

the operation of billiard rooms and

reenacts new laws giving the governing

authorities

of

counties

and

municipalities broad powers to license,

regulate, and tax billiard rooms within

their areas of operation, subject to

limitations regarding fees, hours of

operation, and sale of alcoholic

beverages and subject to certain

exceptions.

The Act reenacts O.C.G.A. Chapter

43-8.

Effective July 1, 1990.

Act 1358; SB 668

This Act changes the conditions under

which persons licensed as professional

counselors, marriage and family

therapists, or social workers in other

jurisdictions may be licensed as such in

this state; changes the requirements for

being

licensed in professional

counseling and social work; and changes

a definition and a cross-reference.

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

43-l0A-3,

43-l0A-10,

43-l0A-ll,

43-l0A-12, and 43-l0A-21.

Effective April 11, 1990.

Act 1350; SB 572
This Act extends to July 1, 1996, the "sunset" or termination date of the

- 79 -

TITLE 43 (continued)

Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists.
The Act amends o.c.G.A. Section 43-l0A-24.
Effective April 11, 1990.

Act 1361; SB 681

This Act changes the composition of

the State Board of Registration for

Professional Engineers and Land

Surveyors,

changes the provisions

relating to the registration of

professional

engineering

firms,

corporations, and other entities, and

provides for the registration of land

surveying firms, corporations, and other

entities.

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

43-15-3 and 43-15-23 and enacts o.c.G.A.

Section 43-15-23.1.

Effective July 1, 1990.

Act 1333; HB 1790
This Act substantially revises the laws relating to funeral directors and embalmers.
The Act strikes and reenacts O.C.G.A. Chapter 43-18.
Effective April 11, 1990.

Act 1408; HB 1433
This Act extends to July 1, 1996, the "sunset" or termination date of the State Board of Hearing Aid Dealers and Dispensers.
The Act amends o.c.G.A. Section 43-20-21.
Effective April 16, 1990.

Act 1195; HB 1250
This Act substantially revises the laws relating to registered nurses.
The Act repeals and reenacts O.C.G.A. Article 1 of Chapter 43-26.
Effective April 4, 1990.

Act 1228; HB 1563
This Act changes conditions for the issuance by endorsement of licenses to licensed practical nurses.
The Act amends O.C.G.A. Section 43-26-34.
Effective July 1, 1990.

- 80 -

TITLE 43 (continued)

Act 967; SB 573
This Act extends to July 1, 1996, the "sunset" or termination date of the State Board of Dispensing Opticians.
The Act amends o.c.G.A. Section 43-29-22.
Effective March 22, 1990.

Act 1184; HB 702
This Act authorizes the Composite State Board of Medical Examiners to require not less than 40 hours of continuing education biennially for persons licensed or certified by the board.
The Act enacts O.C.G.A. Section 43-34-3.
Effective July 1, 1990, for licensing, certification, or renewal cycles beginning after the 1990-1991 renewal.

Act 1383; SB 250

This Act creates the Georgia Real

Estate Appraisers Board and provides for

its composition, duties, powers, and

functions.

The Act requires that

persons who perform real

estate

appraisals on and after July 1, 1991,

must be registered, licensed, or

certified by the board and establishes

differing requirements and authority

therefor.

The Act provides

for

issuance, renewal, revocation, and

sanctions regarding such registrations,

licenses, and certifications. The Act

provides

for criminal and civil

penalties and for other enforcement

actions.

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

43-39A.

Effective upon specific appropriation

of funds to implement the Act.

Act 1170; HB 1679

This Act changes the provisions

relating

to

granting,

revoking,

suspending, or reinstating real estate

licenses,

changes

the provisions

regarding sanctions against real estate

licensees, schools, and instructors for

certain violations, provides when cease

and desist orders become final, and

changes definitions.

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

43-40-1, 43-40-8, 43-40-9, 43-40-15,

43-40-25, and 43-40-30.

Effective July 1, 1990.

- 81 -

TITLE 43 (continued)

Act 965; HB 1408
This Act extends to July 1, 1992, the "sunset" or termination date of the State Board of Recreation Examiners.
The Act amends o.c.G.A. Section 43-41-20.
Effective March 22, 1990.

Act 1246; HB 1568
This Act includes motor vehicle brokers as used motor vehicle dealers or used car dealers for purposes of requiring their registration.
The Act amends O.C.G.A. Section 43-47-2.
Effective July 1, 1990.

Act 1455; HB 1389
This Act changes the composition and qualifications of the State Board of Registration of Used Car Dealers and extends to July 1, 1994, the "sunset" or termination date of that board.
The Act amends O.C.G.A. Sections 43-47-3 and 43-47-16.
Effective April 18, 1990.

Act 1196; HB 1296
This Act extends to July 1, 1994, the "sunset" or termination date of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
The Act amends O.C.G.A. Section 43-48-21.
Effective April 4, 1990.

TITLE 44 PROPERTY

Act 1162; HB 1333

This Act

substantially

revises

provisions governing sales of subdivided

lands and transfers regulatory powers

and duties with respect to such

transactions from the Secretary of State

to the Georgia Real Estate Commission.

The Act reenacts O.C.G.A. Article 1 of

Chapter 44-3.

Effective July 1, 1990.

Act 958; HB 502

This

Act

substantially revises

provisions relating to condominiums,

condominium instruments, and condominium

associations

and

revises certain

provisions relative to

time-share

- 82 -

TITLE 44 (continued)

programs which involve campsites. The

Act provides for compliance with rules

and

regulations of condominium

associations,

prohibits

the

disproportionate allocation of monthly

expenses, and provides procedures for

the amendment of condominium instruments

as well as numerous other changes.

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

44-3-75, 44-3-76, 44-3-80, 44-3-82,

44-3-91, 44-3-92, 44-3-93, 44-3-94,

44-3-101, 44-3-102, 44-3-106, 44-3-107,

44-3-109, 44-3-111, 44-3-162, 44-3-169,

44-3-171, and 44-3-205 and enacts

O.C.G.A. Section 44-3-116.

Effective July 1, 1990.

Act 754; HB 1249
This Act provides that plane coordinates for expressing the location of a point for the Georgia Coordinate System and the Georgia Coordinate System of 1985 may be expressed in either meters and decimals of meters or, following conversion as provided in O.C.G.A. Section 44-4-28, in American Survey feet and decimals of a foot.
The Act amends O.C.G.A. Section 44-4-22.
Effective March 13, 1990.

Act 1181; HB 256
This Act extensively revises O.C.G.A. Article 5 of Chapter 44-5, relating to gifts to minors, so as to rename the article as "The Georgia Transfers to Minors Act" and to conform its provisions more nearly to the Uniform Transfers to Minors Act. The Act also includes the power to transfer interests in property from an estate or trust to a custodianship for the benefit of a person under the age of 21 as a fiduciary power which may be incorporated by reference in an instrument creating a trust.
The Act amends o.c.G.A. Article 5 of Chapter 44-5 and O.C.G.A. Sections 53-12-3 and 53-15-3.
Effective July 1, 1990.

Act 1102; HB 1553

This Act provides that covenants

restricting land to certain uses

affecting

planned

subdivisions

containing not fewer than 15 individual

plots may be continued beyond a 20 year

period under certain conditions. No

covenant that prohibits the use or

ownership of property within such a

subdivision may discriminate on the

basis of race, creed, color, age, sex,

or national origin.

- 83 -

TITLE 44 (continued)

The Act amends o.c.G.A.
44-5-60. Effective March 28, 1990.

Section

Act 1406; HB 1349
This Act creates a new uniform statutory rule against perpetuities and provides for the application of such rule and exclusions from such rule. The Act further provides a means of reformation by the court of a disposition which violates the uniform statutory rule against perpetuities and provides for the time of creation of a nonvested property interest or a general power of appointment.
The Act repeals o.c.G.A. Section 44-6-1 and enacts o.c.G.A. Article 9 of Chapter 44-6.
Effective May 1, 1990.

Act 1400; HB 1152

This Act limits the liability of

military personnel for rent due under

residential leases of property for

occupancy in the event of permanent

change of station orders or temporary

duty orders for a period exceeding three

months. The liability of a person on

active duty in the United States

military

for

rent

under

the

above-mentioned circumstances may not

exceed 30 days' rent after the effective

date of the change and the cost of

repairing any damage to the premises,

provided that written proof of the

assignment and notice is given to the

landlord.

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

44-7-37.

Effective April 16, 1990.

Act 1367; SB 746

This Act comprehensively revises the

provisions relative to the disposition

of unclaimed property and provides

conditions under which various types of

property which have remained unclaimed

by the owner for specified time periods

will be presumed abandoned.

The

Attorney General is authorized to bring

court actions to enforce the unclaimed

property law of other states against a

holder of property in this state and the

commissioner of revenue is authorized to

enter into agreements with other states

to exchange information relative to

unclaimed property.

Procedures are

included for the reporting and remission

of abandoned property to the

commissioner of revenue.

The Act amends o.c.G.A. Article 5 of

Chapter 44-12.

- 84 -

TITLE 44 (continued)
Effective July 1, 1990.
Act 1374; HB 1597
This Act requires funds which are disbursed by a settlement agent at the closing of a loan transaction secured by residential real property to constitute collected funds and further provides that the failure of a lender to issue a check or draft representing good funds in connection with the closing of a residential real estate transaction shall constitute an unfair or deceptive practice.
The Act enacts O.C.G.A. Section 44-14-13 and amends o.c.G.A. Section 10-1-393.
Effective July 1, 1990.
Act 963; HB 1282
This Act clarifies and specifies that an electric membership corporation may, by deed to secure debt as well as other instruments, embrace, cover, convey, pledge, and encumber after-acquired property of such company, wherever located, when the instrument so stipulates. The Act further provides for the effect and priority of such recorded instruments.
The Act enacts O.C.G.A. Section 44-14-35 .1.
Effective March 22, 1990.
Act 1355; SB 632
This Act defines the term "historic dollar value" as the term relates to an endowment fund and authorizes the governing board of an endowment fund to appropriate for expenditure so much of the net appreciation, realized and unrealized, in the fair value of the assets of an endowment fund over the historic dollar value of the fund as is prudent under certain statutory standards. The Act also authorizes the governing board to release a restriction imposed by the applicable gift instrument on the use or investment of an institutional fund and provides procedures for such release.
The Act amends O.C.G.A. Sections 44-15-2, 44-15-3, 44-15-4, 44-15-7, and 44-15-8 and enacts O.C.G.A. Section 44-15-9.
Effective July 1, 1990.
- 85 -

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Act 721; HB 1595

This Act provides that pursuant to

rules, regulations, and policies of the

Office of Planning and Budget, a state

department may reimburse an employee for

expenses incurred in

filing

an

application for a commercial driver's

license.

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

45-7-33 and 45-7-34.

Effective February 21, 1990.

Act 1307; HB 1246

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

45-9-3.1, relating to immunity from

liability of law enforcement officers

directing or escorting

funeral

processions, and reenacts the same

provisions in subsection (h) of O.C.G.A.

Section 40-6-76.

Effective July 1, 1990.

Act 1405; HB 1326
This Act provides that nonprofit agencies and their employees, which agencies have contracted with the Department of Human Resources to furnish certain services to the mentally retarded or have subcontracted with similar nonprofit agencies for the same, shall be provided protection against personal liability for damages sustained by third parties arising out of the provision of authorized services to the mentally retarded.
The Act enacts O.C.G.A. Section 45-9-4.2.
Effective July 1, 1990.

Act 1167; HB 1630
This Act amends O.C.G.A. Section 45-9-81 to provide that a fireman shall be considered "in the line of duty" for indemnification purposes when returning from a fire or other emergency and to provide that an emergency medical technician shall be considered "in the line of duty" for indemnification purposes when returning from an emergency or returning from a medical facility after transporting a person to such facility for emergency treatment.
Effective March 30, 1990.

Act 1111; HB 1149

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

45-9-81

to provide that a law

enforcement officer employed by a

private employer shall be considered "in

- 86 -

TITLE 45 (continued)

the line of duty" for indemnification purposes after he has left the scope of
private employment and is performing the duties of a law enforcement officer. The Act provides that a determination that a law enforcement officer was killed or permanently disabled in the line of duty and is entitled to indemnification shall not be considered in the determination of the entitlement of such officer to other benefits.
Effective July 1, 1990.

Act 1431; SB 600

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

45-11-4,

relating to malpractice,

partiality, conduct unbecoming office,

and the right of certain public officers

to appear before the grand jury, to

extend the coverage of such Code section

to clerks of the superior courts, tax

receivers,

tax

collectors,

tax

commissioners, other elected county

officers, and to officers presently or

formerly holding any of the named

offices. The Act clarifies the offenses

covered by the Code section and includes

the additional offenses of misfeasance

or malfeasance in office. The Act

provides that a copy of the indictment

shall be served on the accused public

officer at least 15 days before it is

presented to the grand jury.

Effective April 16, 1990.

Act 1077; SB 595

This Act increases the amount of

annual training required for certified

coroners from 16 to 24 hours. The Act

authorizes the Georgia Coroner's

Training Council to withdraw or suspend

the certification of any coroner who

performs duties of a coroner in

violation of O.C.G.A. Chapter 45-16. The

Act provides that a member of the

council shall continue to serve until

his successor is appointed and

qualified.

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

45-16-6,

45-16-62,

45-16-65, and

45-16-66.

Effective July 1, 1990, provided that

Sections 1 and 4, relating to increased

training requirements, become effective

January 1, 1991.

Act 1430; SB 594
This Act amends O.C.G.A. Section 45-16-25 to provide that when a medical examiner has a body embalmed for preservation or to avoid the threat of infectious disease prior to the release of the body to the next of kin, the

- 87 -

TITLE 45 (continued)

expense of such embalming shall be paid by the county of the coroner's or medical examiner's jurisdiction.
Effective July 1, 1990.

Act 1429; SB 593
This Act amends O.C.G.A. Section 45-16-64 to provide that a simple majority of the members of the Georgia Coroner's Training Council shall constitute a quorum for the transaction of business.
Effective July 1, 1990.

Act 1290; HB 452

This Act provides that public school

teachers and public school employees may

participate in flexible employee benefit

plans for employees of the state. The

Act authorizes the Employee Benefit Plan

Council to require local school boards

that elect coverage under the plan to

enroll and maintain a minimum

participation percentage when offering

the plan to its employees. The Act

provides that the council may establish

rating categories for disability

insurance based on eligibility for

coverage by the disability program of

the Social Security Administration and

provides that insurance or other

employee welfare benefits may be

operated as a self-insured plan or by

contract with an insurance company.

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

45-18-50,

45-18-52, 45-18-53, and

45-18-54.

Effective April 11, 1990.

Act 1149; SB 417
This Act amends O.C.G.A. Section 45-18-52 to provide that the flexible employee benefit plan for state employees may provide for deductions or salary reductions for health care or dependent care spending accounts as authorized under Section 125 of the United States Internal Revenue Code of 1986.
Effective March 30, 1990.

Act 1191; HB 1094
This Act provides that with respect to interdepartmental transfers by employees in the classified service, an employee with five years or more of continuous service who held permanent status in a class on a pay grade lower than the class to which the employee transferred in the new department shall retain permanent status rights to the lower

- 88 -

TITLE 45 (continued)

class in the new department; and an

employee with less than five years of

continuous service may be required to

execute

a

written

statement

acknowledging that a new working test

period is required in the new department

and that the employee retains no rights

to any former class or employment in

either department, provided that in the

absence of such written statement, the

employee shall be considered a permanent

status employee in the new class in the

new department. The Act provides that a

transfer between units of the Department

of Human Resources, including county

departments of health and county

departments of family and children

services, shall not be deemed to be an

interdepartmental transfer.

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

45-20-2 and 45-20-16.

Effective July 1, 1990.

Act 1316; HB 1513

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

45-20-16 to authorize an employee in the

classified service to use accumulated

sick leave in accordance with rules and

regulations of the State Personnel

Board.

The Act provides that an

appointing authority which disagrees

with a claim of sickness may disapprove

the use of sick leave and provides that

an employee may contest such disapproval

of sick leave.

Effective July 1, 1990.

Act 1450; HB 1263
This Act provides that an applicant for state employment or employment in a public school system who refuses to submit to an established test for the use of illegal drugs or who shows a positive result from such test shall be disqualified from employment by the state or any public school system for a period of two years.
The Act enacts O.C.G.A. Sections 45-20-90 through 45-20-92.
Effective July 1, 1990.

Act 1445; HB 1171
This Act provides that the head of each state agency shall determine which positions constitute high-risk work and provides for random drug testing of employees who perform high-risk work. The Act provides that an employee who performs high-risk work and who refuses to be tested for illegal drugs or who is found to have used an illegal drug shall be terminated from his or her employment.

- 89 -

TITLE 45 (continued)

The Act enacts o.c.G.A. 45-20-90 through 45-20-93.
Effective July 1, 1990.

Sections

Act 1291; HB 516
This Act amends O.C.G.A. Section 45-21-7 to authorize cash awards not exceeding $5,000.00 for suggestions submitted by employees which result in direct measurable cash savings or cost avoidance to a state department or departments. The Act authorizes cash awards not exceeding $100.00 for suggestions involving improvements in working conditions, employee morale, or other intangible savings.
Effective July 1, 1990.

Act 1436; SB 500
This Act enacts the "Drug-free Public Work Force Act of 1990" which provides that state employees and employees of public school systems who are convicted of any offense involving the manufacture, distribution, sale, or possession of a controlled substance, mariJuana, or dangerous drug shall be suspended for a period of not less than two months for a first offense and terminated and ineligible for other public employment for a period of five years for a second or subsequent offense. The Act provides similar restrictions on applicants for public employment who have been convicted of any such drug offenses. The Act provides procedures whereby a public employee who has not been arrested for, refused to take a test for, or been tested positive for an illegal drug to report the illegal use of a drug to his employer and remain employed for up to one year while undergoing treatment for such drug abuse.
The Act enacts O.C.G.A. Sections 45-23-1 through 45-23-9.
Effective July 1, 1990.

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Act 1188; HB 887
This Act amends o.c.G.A. Section 46-1-1 to change the definition of the terms "motor contract carrier and motor common carrier" and "private carrier." The Act provides for the Public Service Commission to adopt Georgia Forest Products Trucking Rules for the regulation of motor vehicles with a manufacturer's gross weight rated

- 90 -

TITLE 46 (continued)

capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products.
Effective January 1, 1991.

Act 1215; HB 1763

This Act increases the amount of

revenue to be raised from special fees

paid by corporations and utilities

subject to the jurisdiction of the

Public

Service Commission from

$850,000.00 to $1,050,000.00 and changes

the time of annual payment of fees. The

Act provides that persons or private

companies who operate rapid rail

passenger service lines shall be under

the jurisdiction and regulations of the

Public Service Commission. The Act

changes the residency requirements with

respect to the qualifications of special

officers for the protection of railroad

property.

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

46-2-10, 46-2-20, and 46-8-232 and

enacts O.C.G.A. Sections 46-8A-1 through

46-8A-4.

Effective July 1, 1990.

Act 1376; SB 524
This Act provides for toll free calls between telephones of different telephone companies operating in the same county and provides that the Public Service Commission shall not approve any rate schedule which authorizes a long-distance charge for calls between two telephones within the same county. The Act provides that telephone companies shall enter into negotiations to provide for county-wide local calling and, if they are unable to reach an agreement, the commission may impose its own plan. The Act provides that the commission shall not mandate any plan that requires the transfer of funds to implement county-wide local calling from one telephone company to another unless and until all other remedies are exhausted.
The Act enacts O.C.G.A. Section 46-2-25.1.
Effective April 12, 1990.

Act 960; HB 1181

This Act prohibits the transmission of

unsolicited telefacsimile messages for

the commercial purpose of advertising or

offering the sale, lease, rental, or

gift of any goods, services, or real or

personal property. The Act provides

exceptions with respect to consent or

prior contractual

or

business

relationships. The Act provides that

- 91 -

TITLE 46 (continued)
the Public Service Commission is charged with the responsibility of civil enforcement of the Act and that the commission shall require local exchange companies to file appropriate tariff revisions to implement such enforcement.
The Act enacts O.C.G.A. Section 46-5-25.
Effective July 1, 1990.
Act 1260; SB 591
This Act provides for the Public Service Commission to establish a state-wide single provider dual party relay service for the physically impaired operating 24 hours per day and to contract for the administration and operation of such relay service. The Act provides that all local exchange telephone companies except those operated by telephone membership corporations shall be required by the commission to impose a monthly maintenance surcharge on all residential and business local exchange access facilities to pay the costs of providing such service. The Act provides that such surcharge is exempt from franchise and sales and use taxes.
The Act amends o.c.G.A. Section 46-5-30 and enacts o.c.G.A. Section 46-5-31.
Effective July 1, 1990.
Act 890; HB 1422
This Act provides that after a public hearing or after approval of the voters in a referendum on the matter, the governing authority of any local government which operates or which contracts for the operation of an emergency "911" system shall be authorized to impose a monthly "911" charge upon telephone subscribers. The Act provides that the "911" charge shall not exceed $1.50 per month per exchange access facility and shall be reduced under certain conditions and provides that the revenues from such charges shall be used only for the establishment and maintenance of the emergency "911" system. The Act changes the provisions relating to exemptions from liability in the operation of an emergency "911" system, provides additional immunity from liability in connection with the operation of the system, and provides for a limitation on indemnification by local governments.
The Act amends O.C.G.A. Sections 46-5-122, 46-5-131, and 46-5-133 and enacts o.c.G.A. Sections 46-5-134, 46-5-135, 46-5-136, and 46-5-137.
Effective March 20, 1990.
- 92 -

TITLE 46 (continued)

Act 1442; HB 1151

This Act provides that in addition and

incidental to the powers of enforcement

personnel

of the Public Service

Commission to inspect motor common

carriers, motor contract carriers, and

private carriers, such enforcement

personnel shall have the responsibility

and power to arrest any person who is

committing a violation of the Georgia

Controlled Substances Act or the

Dangerous Drug Act.

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

46-7-28, 46-7-70, and 46-7-101.

Effective July 1, 1990.

TITLE 47 RETIREMENT AND PENSIONS

Act 891; HB 1639
This Act changes the name of the Joint Municipal Employees Benefit System to the Georgia Municipal Employees Benefit System. The Act authorizes the system's board of trustees to pledge funds to third parties for the purpose of guaranteeing the contract obligations of municipal corporations and other public bodies of the state and to provide surety obligations in connection with such contracts and obligates it to assume contracts in the event the municipal corporation fails to renew a contract for its full stated term.
The Act amends O.C.G.A. Sections 47-1-3, 47-1-10, 47-5-20, and 47-5-24.
Effective March 20, 1990.

Act 1441; HB 1145

This Act provides for restrictions and

prohibitions on membership in and the

right

to

benefits under public

retirement or pension systems for public

employees entering or reentering public

service after July 1, 1990, who are

convicted of certain drug related crimes

and applies the provisions of O.C.G.A.

Section 47-1-23 to a public employee

charged with the commission of a drug

related crime.

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

47-1-20 and enacts o.c.G.A. Section

47-1-22.

Effective July 1, 1990.

Act 1185; HB 764
This Act provides that no person who commits or conspires to commit the murder or voluntary manslaughter of a member, retiree, or beneficiary under a public retirement system shall receive

- 93 -

TITLE 47 (continued)

any refund of contributions or any benefit under the public retirement system upon the death of the member, retiree, or beneficiary, even though the person so committing or conspiring to commit such a crime is a named beneficiary for the refund of contributions or benefits.
The Act enacts o.c.G.A. Section
47-1-24. Effective July 1, 1989.

Act 1223; HB 738

This Act authorizes the boards of

trustees of the state retirement or

pension funds listed in O.C.G.A. Section

48-7-27(a)(4) to increase the benefits

of persons receiving benefits on July 1,

1990, so as to offset or partially

offset the taxation of such benefits

under Georgia income tax laws.

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

47-1-30.

Effective

July

1,

1990,

if

concurrently funded pursuant to o.c.G.A.

Section 47-20-50.

Act 1282; HB 46

This Act authorizes that certain

current members of the Employees'

Retirement System of Georgia, other than

a member subject to O.C.G.A. Section

47-2-334, who served on active duty in

the armed forces of the United States at

any time during World War II shall be

entitled to receive creditable service,

provided that no such creditable service

shall cause a member's total military

creditable service to exceed five years.

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

47-2-96.

Effective

July

1,

1990,

if

concurrently funded pursuant to o.c.G.A.

Section 47-20-50.

Act 1129; HB 695

This Act changes provisions of the

Employees' Retirement System of Georgia

relating to prior service credit for

military service so as to provide that

any member who engaged in certain active

duty service in the armed forces of the

United States as a member of a National

Guard unit called into federal service

from August 5, 1964, through May 7,

1975, may obtain creditable service

subject to certain limitations and

procedures.

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

47-2-96.

Effective

July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

- 94 -

TITLE 47 (continued)

Act 1131; HB 761

This Act changes provisions of the

Employees' Retirement System of Georgia

relating to the restoration to service

of a disability beneficiary so as to

delete the provisions restricting the

pension of a member restored to service

after age 50.

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

47-2-126.

Effective

July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1296; HB 754

This Act revises provisions of the

Employees' Retirement System of Georgia

so as to change the provisions relating

to the survivors benefits or group term

life insurance program for members,

certain former members, and retired

members and to authorize the board of

trustees to contract for group term life

insurance protection for members of the

retirement system.

The Act also

authorizes the board of trustees to

provide for group term life insurance

protection for members and former

members of the General Assembly and to

determine the amount of such coverage

and the employee and employer

contributions that shall be made.

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

47-2-128, 47-2-129, and 47-2-163.

Effective

July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1123; HB 156

This Act authorizes any member of the

Employees' Retirement System of Georgia

who was employed prior to July 1, 1979,

by a county or independent school

district as a teacher and who will not

be eligible for any benefit under the

local retirement system to obtain

creditable service for any part or all

of such employment as a teacher subject

to certain conditions and requirements.

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

47-2-182.

Effective July 1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1126; HB 436
This Act authorizes membership in the Employees' Retirement System of Georgia to the director of the Administrative Office of the Courts of the Judicial Council of Georgia and certain employees and to the director of the Council of

- 95 -

TITLE 47 (continued)

Juvenile Court Judges and certain

employees and provides for employee and

employer contributions and certain

membership limitations.

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

47-2-203.

Effective July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

VETO NO. 21; HB 1633

9llll., This,., Act,

/.t.b,e prov,j,sions of t~e

Employ~es' Rtft "riili t,Vlist~m of Georgia

nu5IeJ,liru a~1 rel1;1tiig.
availa~le

to'.::'l;laopt

s

Court

ige o

t benefits he Supreme Co of Appeals

so as t~1d ete h

is

relative

to mandllo e r

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

47-2-244.

Act 1088; HB 1088

This Act authorizes certain full-time

judicial employees to become members of

the Employees' Retirement System of

Georgia, provides for employee and

employer contributions, and authorizes

creditable service for prior membership

service in the retirement system and for

prior service as a judicial employee

under certain conditions.

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

47-2-266 and amends O.C.G.A. Section

47-2-334.

Effective

July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1132; HB 769

This Act changes the provisions of the

Employees' Retirement System of Georgia

relative to the membership of county tax

commissioners, collectors, and receivers

and their employees so as to exclude

coverage under any county or other local

retirement or pension system from the

membership

provision

prohibiting

coverage by any other public retirement

system as a condition of membership

eligibility. The Act provides that all

officers and employees of the Georgia

Hazardous Waste Management Authority

shall become members of the Employees'

Retirement System of Georgia effective

July 1, 1990, and provides for the

employer and employee contributions and

confirms certain prior service credits

obtained by such members.

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

47-2-292 and enacts O.C.G.A. Section

47-2-319.

Effective

July

1,

1990,

if

concurrently funded pursuant to o.c.G.A.

- 96 -

TITLE 47 (continued)

Section 47-20-50.

Act 1239; HB 539
This Act authorizes creditable service under the Employees' Retirement System of Georgia to certain employees and former employees of county departments of family and children services in counties having a population of 290,000 or more according to the United States decennial census of 1980 or any future such census for certain service under the local retirement system and provides requirements for obtaining such credit.
The Act enacts O.C.G.A. Section 47-2-298.
Effective July 1, 1990.

Act 1144; SB 312

This Act authorizes certain members of

the Employees' Retirement System of

Georgia to obtain creditable service for

certain prior service as an employee of

the Georgia Federal-State Shipping Point

Inspection Service and requires the

payment of employer and employee

contributions which would have been paid

to the retirement system during the

period as a condition to obtaining

service credits.

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

47-2-310.

Effective July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1137; SB 10

This Act provides that members of the

Employees' Retirement System of Georgia

who first or again became members on or

after July 1, 1982, shall be eligible to

receive creditable service for forfeited

annual and sick leave as provided by

O.C.G.A. Section 47-2-91.

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

47-2-334.

Effective July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1134; HB 1095
This Act changes provisions of the Employees' Retirement System of Georgia relating to certain employees who first or again become members of the retirement system on or after July 1, 1982, so as to change the provisions for calculating the service retirement allowance and the employee contributions of such members.
The Act amends O.C.G.A. Section

- 97 -

TITLE 47 (continued)

47-2-334.

Effective July 1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1182; HB 458

This Act changes provisions of the

Teachers Retirement System of Georgia so

as to authorize certain persons allowed

to continue membership because they held

certain specified positions to obtain

creditable service for service rendered

prior to July 1, 1984, and provides

requirements for obtaining such credit.

The Act amends O.C.G.A. Section 47-3-1

and enacts O.C.G.A. Section 47-3-84.2.

Effective July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1136; HB 1560
This Act changes provisions of the Teachers Retirement System of Georgia so as to revise the title of the executive officer of the retirement system and delete a provision pertaining to the treatment of employee contributions made by employers for tax purposes and the provision regarding the age for mandatory retirement.
The Act amends O.C.G.A. Sections 47-3-22, 47-3-41.1, and 47-3-101.
Effective March 30, 1990.

Act 1128; HB 623

This Act changes provisions of the

Teachers Retirement System of Georgia

relating to the transfer of members of a

certain local retirement fund to the

state fund so as to provide for certain

payments or refunds to a county school

system under certain conditions and

authorizes certain persons who become

members of the retirement system to

obtain creditable service for service

rendered in a public school system

subject to certain requirements.

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

47-3-67.

Effective July 1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1133; HB 964

This Act revises completely the

provisions of the Teachers Retirement

System of Georgia relating to the

reestablishment of creditable service

for membership service for which

employee contributions

have

been

withdrawn previously and provides for

- 98 -

TITLE 47 (continued)

requirements

and

conditions

for

eligibility

to

reestablish

such

membership credits.

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

47-3-82.

Effective July 1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1394; HB 273

This Act changes the provisions

granting creditable service to members

of the Teachers Retirement System of

Georgia for absences due to pregnancy so

as to revise the requirements relating

to the payments the member must make to

obtain such creditable service.

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

47-3-90.

Effective

July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1122; HB 109

This Act authorizes creditable service

under the Teachers Retirement System of

Georgia for any member who was granted a

leave of absence from a unit of the

University System of Georgia to accept

an appointment as a lecturer or visiting

scholar at a public college or

university located inside or outside the

United States, provided that no more

than two years of creditable service may

be obtained and that no creditable

service obtained in this manner shall be

applied to obtain creditable service

under O.C.G.A. Section 47-3-89 and no

more than a total of ten years'

creditable service may be obtained

pursuant to the Act and O.C.G.A. Section

47-3-89.

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

47-3-91.

Effective July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1135; HB 1114

This Act changes provisions of the

Georgia Legislative Retirement System so

as to authorize any current member who

had previously served in the General

Assembly to return to active membership

in the retirement system and to provide

for creditable service for service in

the General Assembly prior to the

existence of the option to reestablish

active membership.

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

47-6-70.2 and amends o.c.G.A. Section

47-6-84.

Effective

July

1,

1990,

if

- 99 -

TITLE 47 (continued)

concurrently funded pursuant to O.C.G.A. Section 47-20-50.

Act 1124; HB 198

This Act changes provisions of the

Georgia Legislative Retirement System so

as to increase from $20.00 to $28.00 the

monthly service retirement allowance for

each year of service paid to

beneficiaries of the system.

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

47-6-80.

Effective July 1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1143; SB 162

This Act increases the retirement

benefits payable to a member of the

Georgia Firemen's Pension Fund and

increases the disability retirement

benefit paid to eligible members of the

fund.

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

47-7-100 and 47-7-102.

Effective July 1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1127; HB 441

This Act authorizes creditable service

in the Superior Court Judges Retirement

System for certain service as a state

court judge after December 31, 1976, and

provides

for the conditions and

requirements for a member to obtain such

credit.

The Act amends o.c.G.A. Section 47-9-3

and enacts O.C.G.A. Section 47-9-41.1.

Effective July 1,

1990,

if

concurrently funded pursuant to o.c.G.A.

Section 47-20-50.

Act 1141; SB 79
This Act changes the provisions of the Superior Court Judges Retirement System relating to membership by providing that any state court judge who is a member of the Employees' Retirement System of Georgia and who becomes a superior court judge without a break in service shall have the right to remain a member of the Employees' Retirement System of Georgia while holding office as a superior court judge. The Act changes the provisions of the "Trial Judges and Solicitors Retirement Fund Act" relating to membership by providing that any member of the fund who, without a break in service, becomes a superior court judge shall have the right to remain a member

- 100 -

TITLE 47 (continued)

of the fund while holding office as a

superior court judge.

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

47-9-40 and 47-10-40.

Effective July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1066; SB 76

This Act provides that a certain

member of the Superior Court Judges

Retirement System who became 75 years of

age during a term of office and had less

than ten years of creditable service on

December 31, 1988, shall have the right

to retain membership in the system

without forfeiting any rights until

obtaining ten years of creditable

service or until completing the term of

office to which the judge was elected in

1988.

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

47-9-70.

Effective July 1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

VETO NO. 20; HB 1632

This ' Act .. ihle"fd's 1 "'):j1!;):~.1;tiperior Court

Jthuedgeps rRove,tisiF~.aims eiUst~a m1t:.soo~Jtoagdeeleotef

l\sJ. mandatory r ir

The 47-9-70

.'f

am

.. . , ; .G

Section

Act 1140; SB 71

This Act changes the provisions of the

"Trial Judges and Solicitors Retirement

Fund Act" relating to the "average

annual compensation" so as to base this

average on the two consecutive years of

creditable service producing the highest

average; changes the basis for employer

and employee contributions to the fund;

repeals o.c.G.A. Section 47-10-61,

relating to the fee system of

compensation and related reports

required of certain members; and changes

the age requirements, the years of

creditable service, and the formula used

to compute retirement and disability

benefits.

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

47-10-3,

47-10-60, 47-10-100, and

47-10-103 and repeals o.c.G.A. Section

47-10-61.

Effective

July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

- 101 -

TITLE 47 (continued)

VETO NO. 22; HB 1635

orttv\ tio ul: Thi~ Act -~~s ~e,. ~'.J;:r;,J.al Judges and

Solicitors. .Ret"il'ir-e
delete . '1/jhe

~lind._Act" so as to regarding

mandatory[i m

ct forfeiture

of beneita .

The :

e

47-10- o.

. G . Section

Act 1139; SB 58

This Act changes the provisions of the

Judges of the Probate Courts Retirement

Fund of Georgia which relate to the

credit for service rendered by the

secretary-treasurer of the board of

commissioners of the retirement fund and

the retirement benefits paid to the

secretary-treasurer.

The Act also

changes the maximum annual income amount

on which members are allowed to pay dues

and which are used in the calculation of

retirement benefits.

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

47-11-21 and 47-11-40.

Effective

July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 919; SB 640
This Act repeals the provision prohibiting district attorneys emeritus from practicing law in any case against the State of Georgia in any of the courts of this state or the United States.
The Act repeals O.C.G.A. Section 47-12-81.
Effective July 1, 1990.

Act 1125; HB 230

This Act changes the provisions

regarding the state salary paid to

district attorneys emeritus so as to

provide for a minimum state salary and

to apply the minimum salary to the

calculation of spouses' benefits. The

Act also provides for a cost-of-living

increase in the salary paid to certain

district attorneys emeritus.

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

47-12-82.

Effective July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1218; SB 72
This Act changes the provisions of the "District Attorneys' Retirement Act" relating to the definition of "average annual compensation" so as to base the

- 102 -

TITLE 47 (continued)

average on the two consecutive years of

creditable service producing the highest

average. The Act reduces from 22 to 16

the years of service required for the

maximum retirement benefits and the

minimum disability retirement benefit

and changes the multiplier in the

formula for computing a member's annual

retirement benefit. The Act authorizes

members of the retirement system who

accept an appointment or are elected to

any position in state government covered

by the Employees' Retirement System of

Georgia or the Superior Court Judges

Retirement System to remain members of

the District Attorneys' Retirement

System. The Act also provides that

certain superior court judges are

authorized to transfer from the Superior

Court Judges Retirement System to the

District Attorneys' Retirement System

and provides for

the

continued

appointment of retired superior court

judges as senior judges.

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

47-13-2, 47-13-70, and 47-13-71 and

enacts o.c.G.A. Section 47-13-40.1.

Effective July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1130; HB 752

This Act changes provisions of the

District Attorneys' Retirement System

relating to membership in the retirement

fund so as to authorize a member who was

a contributing member of the Employees'

Retirement System of Georgia at the time

of taking office as a district attorney

and becoming a member of the retirement

fund to transfer membership from the

fund to the Employees' Retirement System

of Georgia under certain conditions and

to provide that such a transfer shall be

treated as if the member had no break in

service.

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

47-13-40.

Effective July 1,

1990,

if

concurrently funded pursuant to o.c.G.A.

Section 47-20-50.

Act 1069; SB 455
This Act changes provisions of the Sheriffs' Retirement Fund of Georgia relating to application for membership in the fund and increases the total payments required to receive credit for prior service. The Act increases the dues required for continued active membership in the fund and for eligibility for retirement benefits.
The Act amends o.c.G.A. Sections 47-16-40, 47-16-43, and 47-16-100.
Effective July 1, 1990.

- 103 -

TITLE 47 (continued)

Act 1298; HB 1035

This Act changes provisions of the

Superior Court Clerks' Retirement Fund

of Georgia so as to increase the

retirement benefits for clerks of the

superior courts and their spouses who

are receiving benefits or who may become

eligible for benefits in the future.

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

47-14-70, 47-14-71, 47-14-74,

and

47-14-75.

Effective July 1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1142; SB 121

This Act changes the provisions of the

Sheriffs' Retirement Fund of Georgia

relating to retirement benefit options

so as to increase the retirement

benefits paid to a member under Option

One, known as the "single life annuity"

plan.

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

47-16-101.

Effective

July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1138; SB 28

This Act authorizes membership in the

Peace Officers' Annuity and Benefit Fund

for employees of the Department of Human

Resources who are designated to

investigate and apprehend delinquent and

unruly children who have escaped from an

institution or facility or have broken

conditions of their supervision and for

narcotics agents of the Georgia Bureau

of Investigation and deletes the

prohibitions against eligibility in the

Peace Officers' Annuity and Benefit Fund

for these employees.

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

47-17-1, 35-3-9, and 49-5-10.

Effective July 1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1084; HB 115
This Act changes provisions of the Peace Officers' Annuity and Benefit Fund so as to provide that when a spouse who is a beneficiary under a retirement option predeceases the retired member, the retirement benefit payable to the retired member shall be increased to the maximum benefit. The Act provides that a new spouse may be made a beneficiary under an option after one year from the date of the remarriage or until a child of the remarried couple is born,

- 104 -

TITLE 47 (continued)

whichever is earlier. The Act applies

to retired members who retired prior to

July 1, 1990, as well as to those who

retire after that date, but no increases

in monthly retirement benefits shall be

paid retroactively.

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

47-17-80.

Effective

July

1,

1990,

if

concurrently funded pursuant to O.C.G.A.

Section 47-20-50.

Act 1109; HB 44
This Act changes provisions of the Peace Officers' Annuity and Benefit Fund relating to retirement, disability, and survivors benefits so as to increase the retirement benefits paid under Option One and base the retirement benefits under Options Two and Three on the date the member first becomes eligible to receive pension benefits. The Act provides that such retirement benefit increases shall apply to members who retired prior to July 1, 1990. The Act also increases the disability benefits paid to any totally and permanently disabled member and authorizes the payment of such benefits to members who are receiving disability benefits on July 1, 1990.
The Act amends O.C.G.A. Sections 47-17-80 and 47-17-81.
Automatically repealed July 1, 1990, pursuant to the "Public Retirement Systems Standards Law."

Act 1199; HB 1415
This Act amends the "Public Retirement Systems Standards Law" so as to provide for an additional definition of a nonfiscal retirement bill which includes a retirement bill which removes or increases a mandatory retirement age of a retirement system or which removes or modifies provisions of a retirement system requiring the forfeiture of benefits upon failure to retire. The Act also changes certain dates relative to the perfection of legislation by the committees of the House and Senate and relative to actuarial investigations.
The Act amends O.C.G.A. Sections 47-20-30, 47-20-35, and 47-20-36.
Effective July 1, 1990.

Act 1398; HB 639
This Act authorizes the Board of Regents of the University System of Georgia to establish an optional retirement plan for certain employees of the University System of Georgia and provides that certain faculty and

- 105 -

TITLE 47 (continued)

principal administrators of the

University System of Georgia may

withdraw membership in the Teachers

Retirement System of Georgia and become

members of the plan established by the

Board of Regents of the University

System of Georgia.

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

47-3-68 and 47-21-1 through 47-21-8.

Effective July 1,

1990,

if

concurrently funded pursuant to o.c.G.A.

Section 47-20-50.

TITLE 48 REVENUE AND TAXATION

Act 1322; HB 1614

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

48-1-2,

relating

to

definitions

regarding the "Georgia Public Revenue

Code," so as to redefine the terms

"Internal Revenue Code" or "Internal

Revenue Code of 1986" and thereby

incorporate provisions of federal law

into Georgia law.

Effective April 11, 1990, and

applicable to taxable years beginning on

or after January 1, 1990.

Act 1448; HB 1252
This Act provides for jeopardy assessment authority of the state revenue commissioner in certain cases involving the unlawful possession, sale, or distribution of marijuana, controlled substances, or dangerous drugs.
The Act amends O.C.G.A. Section 48-2-51.
Effective April 16, 1990.

Act 1414; HB 1620

This Act revises substantially the

provisions regulating judicial sales of

property.

In addition, the Act

authorizes the creation of land bank

authorities for the acquisition and

disposal of property and provides for

conditions,

powers,

duties,

and

authority of such bodies.

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

48-2-55 and 48-4-1 and enacts o.c.G.A.

Sections 48-4-60 through 48-4-65.

Effective April 16, 1990.

Act 1314; HB 1480
This Act provides for the issuance of executions against public utilities other than railroad equipment companies by local tax officials and authorizes public inspection of certain returns and

- 106 -

TITLE 48 (continued)

tax documents of certain public

utilities.

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

48-3-3,

48-5-512,

48-5-515,

and

48-5-519.

Effective July 1, 1990.

Act 1412; HB 1539

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

48-5-2,

relating

to

definitions

regarding the ad valorem taxation of

property, so as to revise the definition

of "fair market value" with respect to

the valuation of standing timber for ad

valorem tax purposes. The Act provides

for procedures and criteria to be

utilized in such valuation.

Effective April 16, 1990.

Act 1261; HB 1578

This Act provides for the preferential

classification and assessment of

landmark historic property for ad

valorem tax purposes. The Act provides

for comprehensive procedures with

respect to qualifications, application,

continued

classification,

and

disqualification of property. The Act

also provides that members and alternate

members of county boards of equalization

shall be appointed for staggered terms.

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

48-5-2, 48-5-7, and 48-5-311 and enacts

o.c.G.A. section 48-5-7.3.

Effective April 11, 1990.

Act 1056; HB 1335

This Act authorizes the filing of

applications

for

preferential

assessment, including certain covenant

agreements, on or before the last day

for filing ad valorem tax returns in the

county.

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

48-5-7.1.

Effective March 28, 1990,

and

applicable to taxable years beginning on

or after January 1, 1990.

Act 1227; HB 1540
This Act requires each county governing authority to publish annual reports containing the millage rate and assessed taxable value of property subject to certain ad valorem taxation for the current calendar year and the immediately preceding five calendar years.
The Act enacts o.c.G.A. Section 48-5-32.
Effective July 1, 1990.

- 107 -

TITLE 48 (continued)

Act 1416; HB 1646
This Act provides that in the returning, appraisal, and assessment of tangible property, standing timber shall be included as a part of the real estate and shall not constitute a separate stratum.
The Act enacts O.C.G.A. Section 48-5-32.
Effective April 16, 1990.

Act 1409; HB 1493

This Act provides for

the

consolidation of certain provisions

granting homestead exemptions to

disabled veterans and provides for

comprehensive eligibility, application,

and filing requirements. The Act also

authorizes certain unremarried surviving

spouses or minor children to apply for

and receive such exemption.

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

48-5-48 and repeals O.C.G.A. Section

48-5-48.3.

Effective January 1, 1991, and

applicable to taxable years beginning on

or after that date.

Act 1309; HB 1298

This Act revises the prov~sions

relating to duties of tax receivers,

changes the procedures regarding record

books,

authorizes

the use

of

computerized lists instead of cashbooks

or record books, and deletes certain

stub book requirements. In addition,

the Act revises the definition of

marriage and family therapists to

include social workers and professional

counselors with respect to certain

license, occupation, or professional

taxation.

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

48-5-103, 48-5-138, 48-5-153, 48-5-161,

and 48-13-5 and repeals O.C.G.A. Section

48-5-160.

Effective July 1, 1990.

Act 1054; HB 776
This Act provides for alternative dates regarding interest and final settlements of ad valorem taxation to be specified by the governing authority of the county with the approval of the tax collector or tax commissioner.
The Act amends O.C.G.A. Section 48-5-150.
Effective July 1, 1990.

- 108 -

TITLE 48 (continued)

Act 1362; SB 683

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

48-5-165, relating to the duty of the

tax collector to instruct taxpayers that

checks are to be made payable to a

county tax office, by repealing the

provision

making

that

section

inapplicable to any county of this state

having a population of 550,000 or more

according to the United States decennial

census of 1980 or any future such census

or to the collection of taxes on behalf

of a municipality located wholly or

partially in such county by the tax

collector or tax commissioner of such

county.

Effective April 11, 1990.

Act 1205; HB 1508
This Act provides that the provision of financial assistance to county children and youth commissions shall be an authorized purpose for which county taxes may be levied and collected.
The Act amends O.C.G.A. Section 48-5-220.
Effective July 1, 1990.

Act 1401; HB 1177
This Act authorizes a county or independent board of education to expend funds to assist in paying the expenses incurred in discovering unreturned properties for the purpose of collecting unpaid school taxes.
The Act amends o.c.G.A. Section 48-5-298.
Effective July 1, 1990.

Act 1327; HB 1660
This Act revises procedures regarding taxpayer appeals to the county board of tax assessors by providing for written notice of appeal.
The Act amends O.C.G.A. Section 48-5-311.
Effective July 1, 1990.

Act 1055; HB 1206
This Act authorizes certification of the appraiser member of the Ad Valorem Assessment Review Commission by the National Society of Real Estate Appraisers or the National Association of Real Estate Appraisers.
The Act amends o.C.G.A. Section 48-5-349.
Effective July 1, 1990.

- 109 -

TITLE 48 (continued)
Act 1201; HB 1425
This Act provides that it shall be unlawful to move or transport any mobile home which is required to and which does not have attached an ad valorem tax decal.
The Act amends O.C.G.A. Section 48-5-493.
Effective July 1, 1990.
Act 1407; HB 1381
This Act provides that the written disclosure of consideration or value of the interest in property conveyed as shown on real estate transfer tax forms shall not be confidential; provides for a four-month extension of time for filing intangible personal property tax returns; raises from $5.00 to $20.00 the threshold below which no intangible tax liability is incurred and no intangible tax return need be filed; and converts the intangibles recording tax to a documentary tax.
The Act amends o.c.G.A. Sections 48-6-4 (effective April 16, 1990), 48-6-27 (effective January 1, 1991, if approved in a referendum), and 48-6-60 through 48-6-77 (effective January 1, 1991, and applicable to taxable years beginning on or after that date) and enacts o.c.G.A. Section 48-6-26.1 (effective April 16, 1990).
Act 1324; HB 1623
This Act provides for an intangible tax exemption of stock held in financial institutions reorganized under the southern region interstate banking law prior to January 1, 1991.
The Act amends O.C.G.A. Section 48-6-22.
Effective July 1, 1990.
Act 1331; HB 1711
This Act provides for a conditional exclusion from Georgia taxable net income of certain contributions to the Teachers Retirement System of Georgia.
The Act amends o.c.G.A. Section 48-7-27.
Effective April 11, 1990, and applicable to taxable years beginning on or after January 1, 1990.
Act 1289; HB 442
This Act provides for the collection of state sales tax from out-of-state dealers who engage in systematic solicitation of the consumer marketplace
- 110 -

TITLE 48 (continued)

in Georgia and provides for the collection of a state use tax from purchasers or lessors of personal property from such out-of-state dealers in the event the sales tax is not collected.
The Act amends o.c.G.A. Sections 48-8-2, 48-8-30, and 48-8-49.
Effective July 1, 1990.

Act 1100; HB 1444
This Act requires project record keeping, annual audits, and verification and testing of project expenditures with respect to proceeds received from a special county 1 percent sales and use tax.
The Act amends o.c.G.A. Section 48-8-121.
Effective July 1, 1990.

Act 1208; HB 1612

This Act makes numerous revisions to

provisions regarding the motor fuel and

road taxes including discretionary

acceptance of certain bonds or

acceptance of irrevocable letters of

credit by the state

revenue

commissioner; the elimination of

quarterly and annual reports in lieu of

monthly reports; the authorization of

motor fuel distributor quarterly or

annual reports; the elimination of

refunds of motor fuel taxes on fuel used

by foreign government employees; the

waiver of certain motor fuel taxes and

assessment of administrative penalties;

the authorization of cooperative

agreements with respect to the

administration of motor fuel taxes; and

the authorization of annual reports for

certain filers.

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

48-9-2, 48-9-4, 48-9-8, 48-9-10, and

48-9-33 and enacts o.c.G.A. Sections

48-9-18 and 48-9-19.

Effective April 4, 1990.

Act 1166; HB 1608
This Act clarifies the authority of municipalities and counties to levy occupation taxes on real estate brokers and authorizes the issuance of executions against persons who are required to pay such tax and fail to do so.
The Act amends O.C.G.A. Sections 48-13-6 and 48-13-17.
Effective July 1, 1990.

- 111 -

TITLE 48 (continued)

Act 1264; HB 770

This Act substantially revises the

provisions regarding the local excise

taxation of rooms, lodgings, and

accommodations

by changing the

authorized and required expenditures of

tax proceeds; changing the maximum rate

of taxation in certain cases; limiting

the total amount of taxation; requiring

budget plans for expenditures; providing

for application of the tax to certain

lodges operated under the Department of

Natural Resources;

providing

for

conditional application of the tax to

certain charitable trusts and their

functionally related businesses; and

requiring certain local government

reports to the Department of Community

Affairs.

The Act amends O.C.G.A. Article 3 of

Chapter 48-13.

Effective April 11, 1990.

Act 1284; HB 164

This Act provides for the taxation of

mariJuana or any controlled substance.

The Act specifies the rates of taxation,

exempts certain persons who are in

lawful possession of such items, and

provides

for

enforcement

and

administration by the state revenue

commissioner.

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

48-15-1 through 48-15-11.

Effective July 1, 1990.

TITLE 49 SOCIAL SERVICES

Act 1396; HB 577
This Act amends the "Georgia Medical Assistance Act of 1977" so as to provide for procedures for inclusion of drugs on the Controlled Medical Assistance Drug List.
The Act amends o.c.G.A. Section 49-4-142 and enacts o.c.G.A. Section 49-4-152.2.
Provisions amending O.C.G.A. Section 49-4-142 are effective April 16, 1990; provisions enacting O.C.G.A. Section 49-4-152.2 are effective July 1, 1990.

Act 748; HB 1541

This Act amends the "Georgia Medical

Assistance Act of 1977" so as to limit

the ability of the Department of Medical

Assistance to obtain interest on orders,

judgments, liquidated amounts,

or

unliquidated amounts.

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

- 112 -

TITLE 49 (continued)

49-4-147.2. Effective March 8, 1990.

Act 1389; HB 1319
This Act defines the term "child abuse" and provides a list of the persons permitted access to child abuse records and the conditions for such access or disclosure of information from such records.
The Act amends O.C.G.A. Sections 49-5-40, 49-5-41, and 49-5-44 and enacts O.C.G.A. Section 49-5-46.
Effective July 1, 1990.

Act 1388; HB 1317
This Act provides for creation of a central child abuse registry and provides the conditions under which reports of abuse are included in the registry. The Act further provides for classifications of reports and for expunging of information from the registry if it is classified as unconfirmed or unfounded. Information contained in the registry is to be confidential.
The Act enacts O.C.G.A. Sections 49-5-180 through 49-5-187.
Effective July 1, 1990.

Act 1395; HB 560

This Act provides for coordination of

services by the Department of Human

Resources and the Department of

Education to adolescents and children

with severe emotional disturbances. The

Act prohibits future

out-of-state

placements of severely emotionally

disturbed children and adolescents and

requires that those currently placed out

of state be returned to Georgia and

further provides that funds shall be

used for providing services in the least

restrictive environment within the

state. The Act further provides for

creation of local interagency children's

committees and development of regional

plans for delivery of services.

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

49-5-180 through 49-5-187.

Effective July 1, 1990, except that

those provisions requiring new funding

are to be effective only upon

appropriation of funds by the General

Assembly.

Act 1435; SB 705

This

Act

enacts

the "Family

Preservation and Child Protection Act"

which provides for consolidation of

- 113 -

TITLE 49 (continued)

delivery of services to families and

children by providing for seven classes

of

pilot

projects

for

family

preservation services.

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

49-5-200 through 49-5-209.

Effective July 1, 1990, and repealed

January 1, 1993.

Act 1346; SB 530

This Act amends "The Economic

Rehabilitation Act of 1975" so as to

change provisions

relating

to

eligibility for and allocation of

community block grant funds.

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

49-8-1 through 49-8-7.

Effective July 1, 1990.

Act 1308; HB 1272
This Act authorizes members of the Joint Board of Family Practice to receive an expense allowance and travel reimbursements.
The Act amends O.C.G.A. Sections 45-7-21, 49-10-2, and 49-10-6.
Effective July 1, 1990.

TITLE 50 STATE GOVERNMENT

Act 745; HB 1470
This Act provides that the drama The Reach of Song is designated as the official historic drama of the State of Georgia.
The Act enacts o.c.G.A. Section 50-3-64.
Effective July 1, 1990.

Act 1262; HB 1571
This Act designates the Vidalia Sweet Onion as the official vegetable of the state.
The Act enacts o.c.G.A. Section 50-3-64.
Effective July 1, 1990.

Act 1353; SB 613
This Act provides for the Department of Administrative Services to provide a preference for Georgia vendors over vendors from other states when such states give in-state vendors a preference over Georgia vendors. The Act repeals the provisions which require publications of the executive branch to show the number of copies printed and

- 114 -

TITLE 50 (continued)
the approximate cost of such printing. The Act amends O.C.G.A. Section
50-5-60 and repeals O.C.G.A. Sections 50-18-1 through 50-18-3.
Effective April 11, 1990.
Act 1444; HB 1160
This Act amends O.C.G.A. Section 50-10-4 to exclude any person who has been convicted of the unlawful manufacture, distribution, possession, or use of a controlled substance or marijuana from participation in programs financed or administered by the Georgia Development Authority. The Act does not apply in cases where a person's civil rights have not been lost or have been restored.
Effective April 16, 1990.
Act 1265; SB 568
This Act amends O.C.G.A. Section 50-12-41 to provide that the Georgia State Games Commission shall be assigned to the Department of Natural Resources for administrative purposes only.
Effective July 1, 1990.
Act 1206; HB 1520
This Act amends O.C.G.A. Section 50-13-2 to change the definition of the term "agency" to provide expressly that the State Board of Education and Department of Education are subject to the Georgia Administrative Procedure Act. The Act ratifies and validates for a certain period of time rules previously adopted by the State Board of Education and Department of Education and requires that rules of such board and department shall comply with the Georgia Administrative Procedure Act by January 1, 1991.
Effective April 4, 1990.
Act 1299; HB 1053
This Act amends O.C.G.A. Section 50-13-4 to provide that certain procedures relating to the override by the General Assembly of a rule of a department which has been adopted after being objected to by a standing committee of the General Assembly shall be applicable to rules adopted by the Department of Medical Assistance.
Effective July 1, 1990.
- 115 -

TITLE 50 (continued)

Act 1360; SB 680

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

50-16-42 to provide that the State

Properties Commission shall have the

exclusive power to grant without

competitive bidding a revocable license

to enter upon or encroach upon property

under the custody and control of the

commission or any state agency which

acquires real property through the

commission.

The Act changes the

termination date of grants of revocable

licenses and changes the minimum amount

of adequate monetary consideration for a

grant of a revocable license.

Effective April 11, 1990.

Act 1171; SB 707
This Act amends o.c.G.A. Section 50-16-122 to provide that when real property is acquired by the state through a conveyance or pursuant to eminent domain, the conveyance or court judgment shall be recorded in the office of the clerk of the superior court and then filed along with four copies of the plat of the real property with the State Properties Commission. The Act provides that when real property is disposed of by the state, other than by legislative Act, the original of the conveyance shall be filed with the commission before being delivered to the purchaser for recording in the office of the clerk of the superior court. The Act changes certain procedures of the commission relating to the indexing and inventory of conveyances disposing of or acquiring real property.
Effective March 30, 1990.

Act 1081; SB 699
This Act amends O.C.G.A. Section 50-18-72 to provide that neither computer programs nor computer software are subject to the provisions relating to the inspection of public records.
Effective March 28, 1990.

Act 1255; HB 9
This Act enacts the "Drug-free Workplace Act" which prohibits a state agency from entering into a contract with a contractor unless the contractor certifies that a drug-free workplace will be provided for the contractor's employees and secures from each subcontractor a written certification that a drug-free workplace will be provided for the subcontractor's employees during the performance of the contract. The Act provides requirements

- 116 -

TITLE 50 (continued)
that must be met by a contractor and subcontractor to provide a drug-free workplace. The Act prohibits a state agency from entering into a contract with an individual as a contractor unless the individual certifies that he will not engage in illegal drug activities during the performance of the contract.
The Act enacts O.C.G.A. Sections 50-24-1 through 50-24-6.
Effective July 1, 1990.
Act 1370; HB 1757
This Act creates the GeorgiaNet Authority for the purpose of centralized marketing, provision, sale, and leasing, or executing license agreements for access on line or in volume of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state. The authority shall have the exclusive authority to sell or execute license agreements on behalf of the executive branch with respect to public information in any electronic medium or format, provided that other state agencies may sell individual records maintained in electronic format or sell or disseminate any data which the authority declines to sell.
The Act enacts o.c.G.A. Sections 50-24-1 through 50-24-12.
Effective July 1, 1990.
Act 1110; HB 253
This Act provides supplementary appropriations to the Department of Defense for the remainder of the State Fiscal Year ending June 30, 1990, for the payment of disaster relief claims.
Effective March 30, 1990.
Act 720; HB 1288
This Act amends the 1989-90 "General Appropriations Act" so as to change certain appropriations for Fiscal Year 1989-90.
Effective February 16, 1990.
Act 1453; HB 1314
This Act, the "General Appropriations Act," provides appropriations for the operation of state government for Fiscal Year 1990-91.
Effective April 17, 1990.
- 117 -

TITLE 51 TORTS

Act 715; HB 1277
This Act revises O.C.G.A. Section 51-1-31 to make certain grammatical and editorial changes and to clarify that a good faith donor or gleaner of canned or perishable food who donates such food to a charitable or nonprofit organization shall not be subject to criminal penalty or civil damages arising from the condition of the food under certain conditions.
Effective February 16, 1990.

TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Act 1070; SB 490
This Act amends O.C.G.A. Section 52-7-13 to provide that the operation of any vessel, specifically including a houseboat, with a marine toilet, a galley, or sleeping quarters shall be prohibited on Lake Burton, Lake Rabun, or Seed Lake.
Effective July 1, 1990.

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Act 1086; HB 357

This Act provides that an executor

under a will executed after July 1,

1990, which omits any of the powers in

O.C.G.A. Section 53-15-3 may be given

those powers by application, citation,

and order under certain conditions. The

Act further provides that a guardian ad

litem of an heir at law who is not sui

juris may acknowledge service of a

petition to probate a will in solemn

form and assent to immediate probate.

The Act further provides that heirs at

law may, by unanimous consent, authorize

the judge of the probate court to waive

the bond of the administrator and to

grant additional powers.

The Act

further provides for publication of a

citation which shall not be waived by

the judge of the probate court. The Act

further provides that an executor may be

relieved by consent of the beneficiaries

of the duty of making a return. The Act

provides the method by which an

administrator who is relieved by consent

of the heirs at law of the duty of

making a return may be discharged and

dismissed.

The Act enacts o.c.G.A. Section 53-1-5

and amends O.C.G.A. Sections 53-3-13,

- 118 -

TITLE 53 (continued)
53-6-26, 53-6-27, and 53-7-145. Effective July 1, 1990.
Act 1094; HB 1352 This Act amends o.c.G.A. Section 53-2-45 by providing that a legacy or devise to a subscribing witness to a will shall not be void if there are at least two other subscribing witnesses to such will who are not legatees or devisees under such will. Effective July 1, 1990.
Act 1062; HB 1834 This Act provides that a document stating a renouncement of succession shall be delivered to the transferor or to the personal representative of the decedent if the transferor is deceased by hand delivery with a written acknowledgement of receipt or by first-class mail. The Act amends O.C.G.A. Section 53-2-115. Effective July 1, 1990.
Act 1058; HB 1392 This Act amends O.C.G.A. Section 53-7-180, relating to the annual returns of fiduciaries administering estates. The Act provides that the judge of the probate court may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the judge; the Act further provides that the judge of the probate court may accept and approve a return even if the return does not cover the appropriate reporting period under certain conditions. Effective July 1, 1990.
- 119 -

INDEX

- A-

AD VALOREM ASSESSMENT REVIEW COMMISSION--
Membership . . . . . . . . . . . . . . . . HB 1206 109

AD VALOREM TAXATION--

Ad Valorem Assessment

Review

Commission;

membership .............. HB 1206 109

Ad

valorem taxes;

alternative date for

interest on taxes due ... HB 776 108

Ad valorem

taxes;

counties;

reports

showing millage rate

and assessed value

required . . . . . . . . . . . . . . . . HB 1540 107

Ad valorem taxes; county

board

of

tax

assessors; expenses of

discovering unreturned

properties; assistance

by boards of education .. HB 1177 109

Ad valorem taxes; county

board of equalization;

taxpayer's appeals ...... HB 1660 109

Ad

valorem taxes;

disabled

veterans;

homestead exemption ..... HB 1493 108

Ad valorem

taxes;

landmark

historic

property . . . . . . . . . . . . . . . . HB 1578 107

Ad

valorem taxes;

preferential

assessment of tangible

real property devoted

to

agricultural

purposes; filing date

changed ................. HB 1335 107

Ad valorem

taxes;

standing timber ......... HB 1539 107

Ad

valorem taxes;

standing timber ......... HB 1646 108

Homestead exemption for

disabled veterans ....... HB 1493 108

Standing timber ........... HB 1539 107

Timber; ad valorem taxes

on standing timber ...... HB 1646 108

ADMINISTRATIVE OFFICE

OF THE COURTS--

Employees;

Employees'

Retirement System of

Georgia; membership ..... HB 436 95

ADMINISTRATIVE

PROCEDURE ACT--

Board

of

Natural

Resources;

applicability to rules .. SB 534 49

Department of Medical

Assistance; rules ....... HB 1053 115

State

Board

of

Education; Department

of Education . . . . . . . . . . . . HB 1520 115

- 120 -

Bill

ADOPTION-Petitions and related
matters ................. SB 443 25
Sur:ender of parent~l rights .................. SB 462 34
Surrender of parental rights .................. SB 509 27

ADVISORY COMMISSION ON PROGRAMS FOR THE VISUALLY IMPAIRED AND THE HEARING IMPAIRED--
Termination date .......... SB 560 52

AFRICANIZED BEES--

Commissioner

of

Agriculture; powers ..... HB 1367

3

AGENCY--

Durable

Power

of

Attorney for Health

Care Act; enacted ....... HB 999 55

AGRICULTURE--

Adulterated

food;

pesticide residues ...... SB 516 49

Agricultural and timber

lands;

standing

timber; ad valorem

taxation . . . . . . . . . . . . . . . . HB 1539 107

Agricultural and timber

lands;

standing

timber; ad valorem

taxation . . . . . . . . . . . . . . . . HB 1646 108

Animals; Georgia Farm

Animal and Research

Facilities Protection

Act; enacted ............ SB 575 5

Animals; prevention and

control of disease;

duties

of

law

enforcement officers .... SB 517 4

Animals;

stables;

license

fees;

quarantine .............. HB 1366 4

Boll weevil suppression

and

eradication

programs; referendums ... HB 1244

2

Code revision ............. HB 1278 1

Dimension

lumber;

grading ................. SB 665 4

Emerging Crops Fund Act;

fund established to

make loans for cost of

establishing emerging

crops ................... HB 1105 3

Farm laborers; employers

may elect to provide

workers' compensation

coverage ................ HB 1351 62

"Farmers'

market"

defined; rental or

leasing ................. SB 518 3

Georgia

Agrirama

Development Authority;

membership .............. SB 460 2

Georgia

Agrirama

Development Authority

Overview Committee;

created . . . . . . . . . . . . . . . . . HB 1889 2

- 121 -

Bill Page

Georgia Farm Animal and

Research Facilities

Protection

Act;

enacted ................. SB 575

5

Honey and imitation

honey; penalties for

mislabeling ............. HB 1654 49

Honeybees;

diseases;

Africanized bees ........ HB 1367

3

Pesticide contractor's

license; crop dusters;

agricultural

applications ............ HB 552

2

Rental or leasing of

real property at

farmers' markets ........ SB 518

3

Soil

and

water

conservation district

supervisors; exemption

from filing campaign

contribution

disclosure reports ...... HB 1465 45

Taxation; preferential

assessment of tangible

real property devoted

to

agricultural

purposes; filing date

changed ................. HB 1335 107

Timber;

grading

dimension lumber ........ SB 665

4

Timber; taxation .......... HB 1539 107

Timber; taxation .......... HB 1646 108

Tobacco; maximum charges

for handling and

selling leaf tobacco

by warehousemen ......... HB 923 13

AIDS--

Disclosure

of

confidential

information; HIV tests .. HB 842 47

ALCOHOLIC BEVERAGES-Code revision ............. HB 1278 1 Education; alcohol and drug abuse course ....... HB 1261 36

ANIMAL SHELTERS-Euthanasia of dogs and cats .................... HB 671 5
Licenses; quarantines ..... HB 1366 4

ANIMALS--

Georgia

Animal

Protection

Act;

euthanasia of dogs and

cats . . . . . . . . . . . . . . . . . . . . HB 671 5

Georgia

Animal

Protection

Act;

license fee for pet

dealers and kennel,

stable, and animal

shelter

operators;

quarantine of animals

with

contagious

disease . . . . . . . . . . . . . . . . . HB 1366 4

Georgia Farm Animal and

Research Facilities

Protection

Act;

enacted . . . . . . . . . . . . . . . . . SB 575 5

- 122 -

Bill Page

Prevention and control

of

disease;

enforcement; duties of

law

enforcement

officers ................ SB 517 4

APPEAL AND ERROR-Applications for appeal; child custody cases ..... SB 238 5

APPROPRIATIONS-S.F.Y. 1990-91 ............ HB 1314 117 Supplemental for S.F.Y. 1989-90 ................. HB 253 117 Supplemental for S.F.Y. 1989-90 ................. HB 1288 117

ARCHITECTS--

Examinations .............. SB 230 78

Workers' compensation;

exemption

from

third-party actions ..... HB 319 62

ARTS-Fine arts; reservation of rights by the artist .................. SB 457 11

ASBESTOS LICENSING BOARD-Termination date .......... SB 620 19

ATLANTA JUDICIAL CIRCUIT-Additional judge .......... HB 1523 20

ATTORNEY GENERAL-Disposition of Unclaimed Property Act; revision .. SB 746 84

AUCTIONEERS--

Georgia

Auctioneers

Commission;

terms;

reports; termination

date .................... SB 574 79

AUGUSTA JUDICIAL CIRCUIT-Additional judge .......... HB 1574 21

- B-

BAIL BONDSMEN--

Bond

forfeitures;

procedures .............. HB 1350 33

BANKING AND FINANCE--

Check

cashers;

regulation; licensure ... HB 1208 6

Checks; license to sell

or issue checks;

exemptions .............. HB 1240 6

Code revision ............. HB 1278 1

Credit card accounts;

application of state

and

federal

law;

interest,

finance

charges, and other

fees . . . . . . . . . . . . . . . . . . . . HB 1406 7

Credit

unions;

investment of certain

funds by the buying

and selling of loan

- 123 -

Bill

participations

authorized . . . . . . . . . . . . . . SB 540 6

Currency transactions;

regulations;

reporting; exemptions ... HB 1240 6

Financial transaction

card fraud; criminal

factoring of records .... SB 615 29

Interest;

finance

charges; and other

fees .................... HB 1406 7

Investment advisers ....... HB 1463 13

Mortgages, conveyances

to secure debt, and

liens; funding of

loans ................... HB 1597 85

Notification

in

connection with the

modification of a

credit card account ..... HB 1406 7

Securities broker or

dealer;

receiving

money for deposit or

transmission ............ SB 601 5

Small minority business

development

corporations; minimum

capital; membership;

directors ............... HB 1610 7

Unfair and deceptive

practices in consumer

transactions; funding

of real estate loans .... HB 1597 85

BILLIARD ROOMS--

Operation;

taxation;

licensing; regulation ... SB 291 79

BINGO--

Licensure; submission of

fingerprints

and

photographs ............. SB 566 31

BIOMEDICAL WASTE THERMAL TREATMENT TECHNOLOGY FACILITIES--
Permits ................... SB 478 17

BLASTING AND EXCAVATION--

Gas

pipes

and

underground facilities .. HB 1651 48

BOARD OF NATURAL RESOURCES--
Lakes; water quality standards ............... SB 714 15
Rules; judicial review of decisions ............ SB 534 49
See also "Conservation and Natural Resources"

BOARD OF TRUSTEES OF THE GEORGIA MILITARY COLLEGE--
Creation; authority and duties; scholarships .... SB 623 41

BOATING--

See "Waters of the

State, Ports,

and

Watercraft"

- 124 -

Bill

BOILER AND PRESSURE VESSEL SAFETY ACT--
Exemptions ................ HB 1686 64

BOLL WEEVILS--

Suppression

and

eradication programs;

referendums ............. HB 1244 2

BOMBS-Criminal possession of an explosive device ..... HB 1512 29

BONDS--

Bail

bondsmen;

forfeitures;

procedures .............. HB 1350 33

Expenditure for other

than stated purpose ..... SB 554 69

Georgia

Allocation

System . . . . . . . . . . . . . . . . . . HB 1708 69

BOUNDARIES--

Coordinate

system;

expression of distance

in either feet or

meters .................. HB 1249 83

BUILDINGS AND HOUSING--

Code revision ............. HB 1278 1

Dwellings,

buildings,

and structures unfit

for habitation; place

of hearing .............. HB 1570 76

Fair

housing;

real

estate brokers and

salespersons ............ HB 1679 81

Fair

housing

and

discriminatory

practices relating to

housing transactions .... HB 1202 9

Georgia

Development

Impact

Fee Act;

enacted ................. HB 796 69

Georgia

Residential

Finance

Authority;

persons convicted of

drug crimes prohibited

from participating in

home purchase programs .. HB 1159 8

Georgia

Residential

Finance

Authority;

powers and duties;

bonds;

subsidiary

authorities;

tax

exemption of property;

loans ................... SB 508 8

Georgia

Residential

Finance

Authority;

set-aside of funds for

loans

in

certain

geographic areas ........ SB 508 8

Impact fees ............... HB 796 69

Maps

and

plats;

recording ............... SB 735 22

Smoke detectors required

in certain buildings .... SB 711 48

Standard Fire Prevention

Code

(SBCCI);

state-wide application .. HB 1680 8

- 125 -

Bill Page
Toilets, urinals, shower heads, and faucets; water flow .............. HB 1827 7
Veterans' Administration; change of name to United States Department of Veterans Affairs ........ HB 1275 1

- C-

CAMPAIGN CONTRIBUTIONS--

Disclosures ............... HB 1385 45

Disposition; conversion

to personal use ......... HB 1312 46

Soil

and

water

conservation district

supervisors ............. HB 1465 45

CARNIVAL RIDE SAFETY ACT-Amended . . . . . . . . . . . . . . . . . . . SB 570 64

CENSUS--

Provisions for changes

in the decennial

census

and

congressional

districts with respect

to membership of

boards, commissions,

and bodies .............. HB 1854

1

CENTRAL CHILD ABUSE REGISTRY--
Established . . . . . . . . . . . . . . . HB 1317 113

CHARITIES--

Donation of canned or

perishable food to

charitable

or

nonprofit

organizations;

immunity from suit ...... HB 1277 118

Endowment funds ........... SB 632 85

CHECK CASHERS-Regulation; licensure ..... HB 1208 6

CHILD ABUSE--

Central child abuse

registry established .... HB 1317 113

Records;

reports of

suspected child abuse ... HB 1319 113

Reporting requirements .... HB 1316 34

State-wide

Child

Fatality Review Panel;

created ................. HB 1318 33

CHILD CUSTODY-Applications for appeal ... SB 238 5 Change of custody by removal from school grounds prohibited . . . . . . HB 67 39 Joint and sole custody .... SB 477 34

CHILD FATALITIES--

State-wide

Child

Fatality Review Panel;

created . . . . . . . . . . . . . . . . . HB 1318 33

- 126 -

Bill

CHILD LABOR--

Certain employment of

minors

authorized;

lawn care ............... SB 728 61

CHILDREN AND YOUTH--

Child custody; change of

custody by removing

child from school

grounds prohibited . . . . . . HB 67 39

Children

committing

certain

offenses

sentenced

to

Department

of

Corrections ............. SB 484 24

Emotionally disturbed

children; delivery of

social services ......... HB 560 113

Emotionally disturbed

children; delivery of

social services ......... SB 705 113

Family Preservation and

Child

Protection

Reform Act; enacted ..... SB 705 113

CHILDREN'S DAY-Declared .................. SB 488 1

CITY BUSINESS IMPROVEMENT

DISTRICTS--

Funding

supplemental

services . . . . . . . . . . . . . . . . HB 1601 68

CIVIL PRACTICE--

Discrimination against

employees attending

judicial proceedings .... HB 1274 20

Execution sales; date of

sheriff's sales ......... HB 1647 10

Fine,

cost,

or

restitution

as

condition

of

probation; use of

civil remedies to

collect ................. HB 1440 78

Levies on land; delivery

of notice ............... HB 1811 10

Medical

malpractice;

Governor's Commission

on Obstetrics created ... SB 553 9

Renewal of case after

dismissal; cases filed

in court which does

not have subject

matter jurisdiction ..... SB 586 9

Structured settlements;

guardians;

probate

court approval .......... HB 1390 51

COLLEGE OPPORTUNITY ACT-Enacted . . . . . . . . . . . . . . . . . . . SB 597 42

COMBINED SEWER OVERFLOW SYSTEMS--
Elimination or treatment of sewage overflow ...... SB 606 16
Permit for operation required ................ SB 605 16

- 127 -

Bill

COMMERCE AND TRADE--

Agency; Durable Power of

Attorney for Health

Care Act; enacted ....... HB 999 55

Artists; reservation of

rights in fine art ...... SB 457 11

Check

cashers;

regulation; licensure ... HB 1208 6

Checks; license to sell

or issue . . . . . . . . . . . . . . . . HB 1240 6

Contracts in partial

restraint of trade ...... HB 744 19

Currency transactions;

regulation; reports ..... HB 1240 6

Dimension

lumber;

grading ................. SB 665 4

Discrimination against

employees attending

judicial proceedings .... HB 1274 20

Drug-free Workplace Act;

contracts with state

agencies . . . . . . . . . . . . . . . . HB 9 116

Fine art; reservation of

rights by the artist .... SB 457 11

Georgia Motor Vehicle

Franchise Practices

Act; amended ............ HB 1186 11

Georgia Securities Act

of 1973; definitions;

additional regulation

of certain persons;

training of certain

salesmen;

dollar

limitations on certain

offerings;

stop

orders; penalties ....... HB 1459 13

Georgia Securities Act

of 1973; investment

advisers ................ HB 1463 13

Georgia State Warehouse

Act; licenses ........... SB 691 12

Liquefied petroleum gas;

one-time

fee

to

licensees

or

permittees for sale or

storage of liquefied

petroleum gas ........... HB 1644 10

Liquefied petroleum gas;

storage facilities ...... SB 529 10

Motor Vehicle Warranty

Rights Act; repair or

replacement

of

defective

motor

vehicle by dealer;

arbitration ............. HB 1555 12

Petroleum; diesel fuel;

aboveground storage

tanks ................... SB 716 48

Securities; definitions;

additional regulation

of certain persons;

training of certain

salesmen;

dollar

limitations on certain

offerings;

stop

orders; penalties ....... HB 1459 13

Securities; investment

advisers . . . . . . . . . . . . . . . . HB 1463 13

Sheriff's sales ........... HB 1647 10

Tobacco; maximum charges

- 128 -

for handling and selling leaf tobacco by warehousemen ......... HB 923 13 Trade secrets; Georgia Trade Secrets Act of
1990; enacted ........... HB 1449 11 Unfair and deceptive
practices in consumer transactions; funding of real estate loans .... HB 1597 85

COMPOSITE STATE BOARD OF MEDICAL EXAMINERS--
Cornposition ............... HB 1854 1

COMPUTER PROGRAMS AND SOFTWARE--
Inspection of public records ................. SB 699 116

CONDOMINIUMS-Georgia Condominium Act; amended ................. HB 502 82

CONSERVATION AND NATURAL

RESOURCES--

Asbestos

Licensing

Board;

termination

date .................... SB 620 19

Code revision ............. HB 1278 1

Combined

sewer

overflows; elimination

or treatment of sewage

overflow ................ SB 606 16

Commissioner; power to

authorize and direct

conservation rangers

to

assist

law

enforcement agencies

in crime prevention

and apprehension of

crirninals ............... HB 1373 50

Conservation rangers;

powers and duties ....... HB 1373 50

Darns; exemptions to

Georgia Safe Darns Act

of 1978; change of

classifications;

inspections ............. SB 563 17

Garbage and waste;

transportation across

county lines ............ HB 1567 66

Georgia

Agricultural

Exposition Authority;

compensation

of

members ................. HB 1374 14

Georgia Comprehensive

Solid Waste Management

Act; enacted ............ SB 533 17

Georgia Hazardous Waste

Management Authority;

membership and duties ... SB 652 18

Georgia Hazardous Waste

Management Authority;

membership of officers

and employees in the

Employees' Retirement

System of Georgia ....... HB 769 96

Georgia Music Hall of

Fame

Authority;

- 129 -

Bill

creation . . . . . . . . . . . . . . . . SB 71 7 14

Georgia Music Hall of

Fame

Authority

Overview Committee;

creation . . . . . . . . . . . . . . . . SB 718 14

Georgia Water Quality

Control Act; civil

penalty . . . . . . . . . . . . . . . . . SB 608 16

Georgia Water Quality

Control Act; combined

sewer overflows ......... SB 606 16

Georgia Water Quality

Control Act; combined

sewer

overflow

systems; permits ........ SB 605 16

Georgia Water Quality

Control Act; lakes;

water

quality

standards ............... SB 714 15

Hazardous

waste

reduction plans ......... SB 519 18

Jekyll

Island--State

Park

Authority;

membership .............. SB 460

2

Judicial review of

decisions of the Board

of Natural Resources;

applicability

of

Georgia Administrative

Procedure Act to rules .. SB 534 49

Lake Lanier Islands

Development Authority;

membership .............. SB 460

2

Lakes; water quality

standards ............... SB 714 15

Laundry

detergents;

phosphorus .............. SB 696 15

Marine

toilets;

requirements

for

certain lakes ........... HB 1807 15

Marine

toilets;

requirements

for

certain lakes ........... SB 490 118

Pesticide

residues;

adulterated food ........ SB 516 49

Phosphorus; retail sale

of certain cleaning

agents prohibited ....... SB 696 15

Regional Solid Waste

Management Authorities

Act; enacted ............ SB 533 17

Sanitary sewers; eminent

domain .................. HB 1050 47

Sewage Holding Tank Act;

enacted ................. HB 1957 15

Solid waste; notice of

approval,

modification,

or

revocation of permit

for handling solid

waste ................... SB 534 49

State

Board

of

Postsecondary

Vocational Education;

change of references

to State Board or

Department

of

Technical and Adult

Education ............... HB 628 19

Stone Mountain Memorial

- 130 -

Bill

Association;

membership .............. SB 460 2

Upper Savannah River

Development Authority;

membership . . . . . . . . . . . . . . SB 460 2

Waste

management;

biomedical

waste

thermal

treatment

technology facilities;

permits ................. SB 4 78 17

Waste

management;

permits for solid

waste disposal sites .... SB 478 17

Water pollution; permits

for combined sewer

overflow

systems

required ................ SB 605 16

Water-saving toilets,

shower heads, faucets,

and plumbing fixtures ... HB 1827 7

CONSERVATION RANGERS--

Authorization to assist

law

enforcement

agencies in crime

prevention

and

apprehension

of

criminals ............... HB 1373 SO

CONTINUING CARE PROVIDERS--
Regulation . . . . . . . . . . . . . . . . HB 1137 61

CONTRACTS--

Counties

and

municipalities;

multiyear installment

purchase contracts ...... HB 1207 68

Drug-free Workplace Act;

state contracts ......... HB 9 116

Illegal

and

void

contracts; exception

for contracts in

partial restraint of

trade ................... HB 744 19

Public

schools;

multiyear

lease,

purchase, or lease

purchase contracts ...... HB 1441 38

CONTROLLED MEDICAL ASSISTANCE DRUG LIST--
Negotiation for drugs from sole supplier ...... HB 577 112

COORDINATE SYSTEM-Distances; expression in
either meters or feet ... HB 1249 83

CORONERS--

Expense of embalming ...... SB 594 87

Georgia

Coroner's

Training

Council;

quorum . . . . . . . . . . . . . . . . . . SB 59 3 88

Georgia

Death

Investigation

Act;

enacted . . . . . . . . . . . . . . . . . HB 1323 65

Training;

Georgia

Coroner's

Training

Council; terms of

- 131 -

Bill Page

office .................. SB 595 87

CORPORATIONS,

PARTNERSHIPS, AND

ASSOCIATIONS--

Alien

corporations;

annual registrations;

acquisition of real

property; RICO Act ...... SB 537 32

Articles

of

incorporation;

publication of notice

of intent to file

articles

of

incorporation . . . . . . . . . . . HB 1361 19

Articles or certificates

of merger or share

exchange ................ HB 1361 19

Business

combination

defined ................. HB 1361 19

Business combinations;

combination

with

interested

shareholders ............ HB 1361 19

Business corporations;

general

powers;

quorums; voting ......... HB 1361 19

Close

corporations;

termination of status ... HB 1361 19

Compulsory

purchase

rights .................. HB 1361 19

Directors; terms and

powers .................. HB 1361 19

Dissenters'

rights;

failure

of

a

corporation to take

action . . . . . . . . . . . . . . . . . . HB 1361 19

Dissenting stockholder;

waiver of rights ........ HB 1361 19

Dissolution; publication

of notice to dissolve;

articles

of

dissolution;

administrative

dissolution; decrees .... HB 1361 19

Dissolution;

shareholders' option

to

dissolve

a

corporation ............. HB 1361 19

Fees; publication of

notices ................. HB 1361 19

Fiduciaries;

entities

acting as corporate

fiduciaries ............. SB 601 5

Foreign corporations;

service of process ...... HB 1361 19

Foreign

corporations

transacting business

without a certificate

of authority ............ HB 1361 19

Insurance;

certain

corporations

and

trusts authorized to

provide

personal

insurance

without

consent of insured ...... SB 523 58

Limited partnerships;

partnership names ....... HB 1361 19

Limited partnerships;

reservation of name ..... HB 1361 19

- 132 -

Bill Page

Merger

or

share

exchange; effect ........ HB 1361 19

Merger

or

share

exchange; publication

of notice ............... HB 1361 19

Name change; publication

of intent to change

name .................... HB 1361 19

Name change; publication

of notice . . . . . . . . . . . . . . . HB 1361 19

Name reservation .......... HB 1361 19

National

securities

exchange; definition .... HB 1361 19

Nonprofit corporations;

dissolution ............. HB 1361 19

Nonprofit corporations;

publication

of

articles of merger or

consolidation . . . . . . . . . . . HB 1361 19

Notices; publication . . . . . . HB 1361 19

Ordinary relief ........... HB 1361 19

Partnerships; death or

withdrawal

of

partners; continuation

of the

business

partnership after the

death or withdrawal of

a partner ............... HB 1361 19

Shareholders' agreements .. HB 1361 19

Small minority business

development

corporations; capital;

membership; directors ... HB 1610 7

Taxation; exemption from

intangible tax for

stock held in certain

foreign corporations .... HB 1623 110

Voting; corporate bylaw

increasing the quorum

or voting requirement

for shareholders ........ HB 1361 19

COUNCIL OF SUPERIOR
COURT CLERKS-Creation .................. HB 1220 22

COUNTIES--

Ad valorem taxation;

reports

showing

millage rate and

assessed

value

required ................ HB 1540 107

Billiard

rooms;

taxation, licensing,

and regulation .......... SB 291 79

Board of tax assessors;

expense of discovering

unreturned property;

assistance by boards

of education ............ HB 1177 109

Bonds; expenditure of

funds for other than

stated purpose .......... SB 554 69

Chief deputy registrars

who are elected public

officers authorized to

qualify for reelection .. HB 346 42

Children and youth;

determination of youth

needs . . . . . . . . . . . . . . . . . . . HB 1617 27

- 133 -

Bill Page

Clerks; training seminar .. HB 1443 66

County children and

youth

commissions;

expenditure of county

taxes ................... HB 1508 109

County

property;

demolition of county

courthouses;

referendum .............. HB 1247 67

Courthouses; demolition;

referendum .............. HB 1247 67

Development impact fees;

authorized .............. HB 796 69

Dwellings,

buildings,

and structures unfit

for habitation; place

of hearing .............. HB 1570 76

Elections; registration;

absentee

ballots;

voter lists used for

commercial purposes ..... HB 1172 43

Eminent domain; sanitary

sewage systems .......... HB 1050 47

Ethics in Government

Act;

governmental

agencies, departments,

and

political

subdivisions

prohibited from making

campaign contributions .. HB 1336 46

Georgia

County

Leadership

Act;

enacted ................. HB 1442 67

Indictment of elected

county officers ......... SB 600 87

Jails;

release of

prisoners by sheriffs ... SB 561 76

Land bank authorities;

composition;

powers

and duties .............. HB 1620 106

Local excise taxation on

rooms, lodgings, and

accommodations;

expenditures; rates ..... HB 770 112

Multiyear installment

purchase contracts ...... HB 1207 68

Occupational

tax;

authority to tax real

estate brokers .......... HB 1608 111

Property; sale or grant

to the state ............ SB 687 67

Special county sales and

use tax; records ........ HB 1444 111

Special elections; dates .. HB 1628 44

Standard Fire Prevention

Code

(SBCCI);

state-wide application .. HB 1680 8

Taxation;

alternative

date for interest on

taxes due ............... HB 776 108

Taxpayer's appeals ........ HB 1660 109

Telephones; county-wide

local calling ........... SB 524 91

Training of elected

officials ............... HB 1442 67

Transportation

of

garbage and other

waste across county

lines . . . . . . . . . . . . . . . . . . . HB 1567 66

Violations of county

- 134 -

Bill Page

ordinances; penalties ... HB 1567 66

COURT OF APPEALS--

Judges; license plates .... HB 1665 72

Judges;

mandatory

retirement age .......... HB 1633 96

COURTHOUSES-Demolition of county courthouses; referendum .............. HB 1247 67

COURTS--

Administrative Office of

the Courts; employees ... HB 436 95

Atlanta

Judicial

Circuit;

additional

judge ................... HB 1523 20

Augusta

Judicial

Circuit;

additional

judge . . . . . . . . . . . . . . . . . . . HB 1574 21

Code revision ............. HB 1278 1

Contempt powers ........... HB 1274 20

Council of Superior

Court Clerks; creation .. HB 1220 22

Court

of Appeals;

Judges;

mandatory

retirement age .......... HB 1633 96

Coweta Judicial Circuit;

additional judge ........ HB 1946 21

District

attorneys;

personnel positions in

office of district

attorney . . . . . . . . . . . . . . . . HB 1663 27

District

attorneys;

prosecuting attorney

defined ................. HB 251 27

District

attorneys;

secretaries;

salary

schedule ................ HB 141 22

District

attorneys

emeritus;

minimum

state salary . . . . . . . . . . . . HB 230 102

District

attorneys

emeritus; practice of

law . . . . . . . . . . . . . . . . . . . . . SB 640 102

Division of Family and

Children

Services;

supervision

of

children removed from

home; reports ........... HB 1320 26

Employees'

Retirement

System of Georgia;

membership

of

employees of the

Administrative Office

of the Courts or the

Judicial Council of

Georgia . . . . . . . . . . . . . . . . . HB 436 95

Fines and forfeitures;

additional penalties

for certain drug

related offenses ........ HB 1139 28

Flint Judicial Circuit;

additional judge ........ HB 1951 22

Forfeiture; seizure and

disposition

of

property used for

gambling; judgment by

default . . . . . . . . . . . . . . . . . HB 1154 30

- 135 -

Bill Page

Judges emeritus and

retired

judges;

compensation

and

reimbursement

of

expenses;

judicial

assistance .............. HB 10 21

Judges of the Probate

Courts Retirement Fund

of

Georgia;

secretary-treasurer;

dues and benefits ....... SB 58 102

Judicial

assistance;

judges emeritus and

retired

judges;

expenses ................ HB 10 21

Judicial assistance from

other

courts;

part-time judges ........ SB 727 21

Judicial Council of

Georgia; employees ...... HB 436 95

Judicial

employees;

membership in the

Employees' Retirement

System of Georgia ....... HB 1088 96

Jurisdiction; renewal of

case after dismissal .... SB 586 9

Juvenile

courts;

associate

juvenile

court

judges

and

traffic

judges;

disposition

of

delinquent children ..... HB 222 25

Juvenile

courts;

children; removal of

children from home;

plan

of

family

reunification required .. HB 1320 26

Juvenile

courts;

children committing

certain

offenses

sentenced

to

Department

of

Corrections ............. SB 484 24

Juvenile

courts;

detention of unruly

children . . . . . . . . . . . . . . . . HB 1616 26

Juvenile

courts;

supervision fees ........ HB 1617 27

Juvenile

courts;

termination

of

parental rights . . . . . . . . . SB 443 25

Juvenile

courts;

termination

of

parental

rights;

evidence ................ SB 509 27

License plates; Justices

of the Supreme Court

and Judges of the

Court of Appeals ........ HB 1665 72

Magistrate

courts;

discipline

of

magistrates ............. SB 634 24

Magistrate

courts;

post judgment

interrogatories;

proceedings

in

magistrate court ........ HB 1397 24

Magistrate

courts;

retired magistrates

authorized to perform

- 136 -

Bill Page

marriage ceremonies ..... HB 1779 24

Municipal

courts;

training of judges ...... HB 1294 68

Ocmulgee

Judicial

Circuit;

additional

judge ................... SB 548 22

Ocmulgee

Judicial

Circuit;

additional

judge . . . . . . . . . . . . . . . . . . . HB 1523 20

Probate courts; annual

returns of fiduciaries

administering estates ... HB 1392 119

Probate courts; chief

clerk; duties during

vacancy in the office

of judge ................ SB 449 23

Probate courts; guardian

and ward; structured

settlements; approval ... HB 1390 51

Probate courts; jury

trials; contempt ........ SB 472 23

Probate courts; training

of judges; retirement ... SB 445 23

Probation of first

offenders; altering,

expunging,

or

destroying criminal

records; release or

disclosure of records ... HB 1184 77

Recordation of maps and

plats;

subdivision

plats; transfer, sale,

and offering for sale

of land . . . . . . . . . . . . . . . . . SB 735 22

Retired

judges

and

judges

emeritus;

compensation

and

reimbursement

of

expenses . . . . . . . . . . . . . . . . HB 10 21

State court judges;

exception to residency

requirement ............. HB 192 23

Superior court clerks;

recordation

of

extensions

of

covenants running with

the land . . . . . . . . . . . . . . . . HB 1553 83

Superior Court Judges

Retirement

System;

membership .............. SB 79 100

Superior courts; Atlanta

Judicial

Circuit;

additional judge ........ HB 1523 20

Superior courts; Augusta

Judicial

Circuit;

additional judge ........ HB 1574 21

Superior courts; Glynn

County; terms ........... SB 727 21

Superior courts; judges'

secretaries;

salary

schedule ................ HB 141 22

Superior

courts;

Ocmulgee

Judicial

Circuit;

additional

judge ................... HB 1523 20

Superior

courts;

Ocmulgee

Judicial

Circuit;

additional

judge ................... SB 548 22

Superior

courts;

- 137 -

Bill

recording of maps and

plats ................... SB 735 22

Superior

courts;

Superior Court Clerks'

Retirement Fund of

Georgia; benefits ....... HB 1035 104

Supreme

Court

of

Georgia;

Justices;

mandatory retirement

age . . . . . . . . . . . . . . . . . . . . . HB 1633 96

Temporary assignment of

judges .................. HB 10 21

Temporary assignment of

judges .................. HB 1523 20

The Georgia Municipal

Courts

Training

Council Act; enacted .... HB 1294 68

Trial

Judges

and

Solicitors Retirement

Fund; membership ........ SB 79 100

Veterans'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275 1

COWETA JUDICIAL CIRCUIT-Additional judge .......... HB 1946 21

CREDIT CARD ACCOUNTS--

Interest,

finance

charges, and other

fees .................... HB 1406

7

CREDIT UNIONS--

Investment of certain

funds by the buying

and selling of loan

participations

authorized .............. SB 540

6

CRIMES AND OFFENSES--

Aggravated

sexual

battery . . . . . . . . . . . . . . . . . SB 602 28

Bingo;

licensure;

fingerprints

and

photographs ............. SB 566 31

Bombs;

criminal

possession

of

explosive device ........ HB 1512 29

Child abuse; central

registry established .... HB 1317 113

Child abuse; reporting .... HB 1316 34

Child abuse records ....... HB 1319 113

Code revision ............. HB 1278

1

Controlled substances

and dangerous drugs;

listing . . . . . . . . . . . . . . . . . HB 1377 31

Controlled substances or

marijuana;

occupational licenses;

suspension

or

revocation

for

offenses ................ SB 503 32

Controlled substances or

marijuana; purchase ..... HB 1340 31

Counterfeit or false

proof of insurance

document; manufacture,

sale, distribution, or

- 138 -

Bill Page

possession; penalties ... SB 544 29

Criminal factoring of

financial transaction

card records ............ SB 615 29

Criminal trespass by

motor vehicle ........... HB 1360 70

Criminal trespass by

motor

vehicle;

identification

of

parking areas ........... HB 1158 28

Financial transaction

card fraud .............. SB 615 29

Fines; collection . . . . . . . . . HB 1440 78

Fines and forfeitures;

additional penalties

for certain drug

related crimes .......... HB 1139 28

Firearms;

licenses;

persons convicted of

drug offenses ........... SB 512 29

Fleeing or attempting to

elude

a

police

officer; speeding or

leaving the state ....... SB 642 75

Forfeiture; seizure and

disposition

of

property used for

gambling; judgment by

default . . . . . . . . . . . . . . . . . HB 1154 30

Gambling devices on

ships in state waters ... HB 1512 29

Gambling;

exemptions;

devices ................. SB 412 30

Gambling; forfeiture of

property . . . . . . . . . . . . . . . . HB 1154 30

Hazing; penalties ......... HB 1423 28

License to carry pistols

or revolvers; fees ...... HB 1445 30

Licensed occupations;

suspension

or

revocation of state

licenses for offenses

involving controlled

substances

or

marijuana ............... SB 503 32

Manufacturing,

distributing,

dispensing,

or

possessing with intent

to

distribute a

controlled substance

or marijuana near a

school. ................. SB 204 31

Possession of firearms;

exemptions;

United

States Attorneys ........ SB 20 30

Purchase of marijuana or

controlled substances ... HB 1340 31

Racketeer Influenced and

Corrupt Organizations

Act;

alien

corporations;

registration;

real

property ................ SB 537 32

Reports

of crimes

committed by educators .. HB 1521 39

School

property;

reporting of crimes ..... HB 1297 40

Seizure and disposition

of property used for

- 139 -

Bill

gambling; judgment by default ................. HB 1154 30 Sexual assault against persons in custody ...... SB 602 28 Sexual battery . . . . . . . . . . . . SB 602 28 Tattooing near the eye
prohibited .............. HB 1505 30

CRIMINAL PROCEDURE--

Bond forfeitures .......... HB 1350 33

Code revision ............. HB 1278 1

Discrimination against

employees attending

judicial proceedings .... HB 1274 20

Fine as condition to

probation; amount ....... SB 454 33

Fines; collection . . . . . . . . . HB 1440 78

First

offenders;

probation; records ...... HB 1184 77

Forfeiture; seizure and

disposition

of

equipment used for

gambling; judgment by

default ................. HB 1154 30

Indictment of local

officials ............... SB 600 87

Juveniles; sentenced to

Department

of

Corrections ............. SB 484 24

Parole; notice to victim .. HB 1549 78

Search

warrants;

grounds; application

of peace officers

employed

by

universities,

colleges, and schools ... SB 641 32

CURRENCY TRANSACTIONS-Regulation; reports ....... HB 1240 6

- D-

DAMS--

Exemptions to Georgia

Safe Dams Act of 1978;

change

of

classification;

inspections ............. SB 563 17

DEBTOR AND CREDITOR--

Garnishment; individual

retirement accounts;

pension or retirement

benefits ................ HB 1098 33

Post judgment

interrogatories;

proceedings

in

magistrate court ........ HB 1397 24

DEPARTMENT OF COMMUNITY

AFFAIRS--

Georgia

Allocation

System; amended ... : ..... HB 1708 69

Georgia Music Hall of

Fame Authority Act ...... SB 717 14

Powers, duties,

and

authority with regard

to waste management

education . . . . . . . . . . . . . . . SB 533 17

- 140 -

Bill Page

DEPARTMENT OF CORRECTIONS--

Children and youth;

children committing

certain

offenses

sentenced

to

Department

of

Corrections ............. SB 484 24

See

also

"Penal

Institutions"

DEPARTMENT OF HUMAN

RESOURCES--

Children and youth

services;

children

committing

certain

offenses sentenced to

Department

of

Corrections ............. SB 484 24

Division of Family and

Children

Services;

removal of children

from home; reports ...... HB 1320 26

Georgia

Radiation

Control Act; powers

and duties .............. HB 947 55

Liability

insurance;

coverage extended to

nonprofit

agencies

providing services to

the mentally retarded ... HB 1326 86

Peace Officers' Annuity

and Benefit Fund;

membership of certain

employees ............... SB 28 104

Rules and regulations;

variances and waivers ... HB 1457 52

See

also

"Health";

"Mental Health"; and

"Social Services"

DEPARTMENT OF MEDICAL
ASSISTANCE-Drugs; sole supplier; drug application fee .... HB 577 112 Interest on orders and judgments ............... HB 1541 112
Procedure for adoption, amendment, or repeal of rules ................ HB 1053 115

DEPARTMENT OF NATURAL

RESOURCES--

Georgia

Radiation

Control Act; powers

and duties .............. HB 947 55

Georgia State Games

Commission . . . . . . . . . . . . . . SB 568 115

See also "Conservation

and

Natural

Resources"; "Game and

Fish"; and "Waters of

the State, Ports, and

Watercraft"

DEPARTMENT OF PUBLIC

SAFETY--

Accident reports .......... HB 1295 75

Driver

improvement

programs ................ SB 433 59

Notice of cancellation

- 141 -

of motor vehicle

insurance ............... HB 255 59

Uniform

Division;

jurisdiction

over

highway safety rest

areas and welcome

centers ................. HB 1435 65

Uniform

Division;

qualifications

of

persons appointed to

or enlisted in the

Uniform Division ........ SB 262 65

See

also

"Law

Enforcement Officers

and Agencies" and

"Motor Vehicles and

Traffic"

DEPARTMENT OF TECHNICAL

AND ADULT EDUCATION--

State

Board

of

Postsecondary

Vocational Education;

change of references .... HB 628 19

State Board of Technical

and Adult Education;

membership .............. HB 1854

1

See also "Education"

DEPARTMENT OF TRANSPORTATION--
See "Highways, Bridges, and Ferries"

DEVELOPMENT AUTHORITIES

LAW--

Disposition of property

of

dissolved

development

authorities ............. HB 1548 69

DEVELOPMENT IMPACT FEES--

Georgia

Development

Impact

Fee Act;

enacted ................. HB 796 69

DIESEL FUEL--

Aboveground

storage

tanks ................... SB 716 48

DISPOSITION OF UNCLAIMED PROPERTY ACT--
Revision .................. SB 746 84

DISTRICT ATTORNEYS--

District

attorneys

emeritus;

minimum

state salary . . . . . . . . . . . . HB 230 102

Personnel positions in

office of district

attorney . . . . . . . . . . . . . . . . HB 1663 27

Prosecuting

attorney

defined ................. HB 251 27

Secretaries;

salary

schedule . . . . . . . . . . . . . . . . HB 141 22

Uniform

Reciprocal

Enforcement of Support

Act; duties ............. HB 1214 35

- 142 -

Bill Page

DISTRICT ATTORNEYS EMERITUS--
Practice of law ........... SB 640 102

DISTRICT ATTORNEYS' RETIREMENT ACT--
Membership; benefits ...... SB

72 102

DISTRICT ATTORNEYS

RETIREMENT FUND OFiGEORGIA--

District

attorneys

emeritus; practice of

law ..................... SB 640 102

DISTRICT ATTORNEYS'
RETIREMENT SYSTEM-Employees' Retirement System of Georgia; transfer of membership to . . . . . . . . . . . . . . . . . . . . . . HB 752 103

DIVORCE--

Undefended

divorce

cases; appointment of

attorney to determine

legality

and

sufficiency of grounds .. HB,1228 34

DOG POUNDS--

Euthanasia of dogs and

cats .................... HB 671 5

Georgia

Animal

Protection

Act;

kennels; licenses ....... HB 1366 4

DOMESTIC RELATIONS--

Adoption . . . . . . . . . . . . . . . . . . SB 443 25

Adoption; surrender of

parental rights ......... SB 462 34

Child abuse; central

registry established .... HB 1317 113

Child abuse; records;

reports of suspected

child abuse ............. HB 1319 113

Child abuse; reporting

requirements ............ HB 1316 34

Child abuse; State-wide

Child Fatality Review

Panel; created .......... HB 1318 33

Child

custody;

applications

for

appeal. ................. SB 238 5

Child custody; change of

custody by removing

child from school

grounds prohibited ...... HB 67 39

Child custody; joint and

sole custody . . . . . . . . . . . . SB 477 34

Code revision ............. HB 1278 1

Divorce;

undefended

divorce

cases;

appointment

of

attorney to determine

legality

and

sufficiency of grounds .. HB 1228 34

Family Preservation and

Child

Protection

Reform Act; enacted ..... SB 705 113

Interstate Compact on

the Placement of

- 143 -

Bill

Children; compliance .... SB 443 25

Marriage;

retired

magistrates authorized

to perform marriage

ceremonies .............. HB 1779 24

State-wide

Child

Fatality Review Panel;

created . . . . . . . . . . . . . . . . . HB 1318 33

Sterilization; consent

of spouse ............... SB 552 55

Termination of parental

rights; evidence ........ SB 509 27

Uniform

Reciprocal

Enforcement of Support

Act; representation of

the petitioner by the

district attorney . . . . . . . HB 1214 35

DOWNTOWN DEVELOPMENT AUTHORITIES--
Directors; qualifications .......... SB 489 68

DRIVERS' LICENSES-See "Motor Vehicles and Traffic"

DRUG-FREE POSTSECONDARY

EDUCATION ACT--

State

funds

denied

students who commit

certain

offenses

involving marijuana,

controlled substances,

or dangerous drugs ...... HB 1231 35

DRUG-FREE PUBLIC WORK FORCE ACT OF 1990--
Enacted . . . . . . . . . . . . . . . . . . . SB 500 90

DRUG-FREE WORKPLACE ACT-Enacted ................... HB

9 116

DRUGS--

Applicants for state

employment;

drug

testing . . . . . . . . . . . . . . . . . HB 1263 89

Controlled substances

and dangerous drugs;

listing ................. HB 1377 31

Crimes and offenses;

manufacturing,

distributing,

dispensing,

or

possessing with intent

to

distribute a

controlled substance

or marijuana near a

school. ................. SB 204 31

Drivers' licenses; delay

of

issuance

of

driver's license to

person under 16 years

of age for drug

offense or driving

under the influence ..... HB 1185 73

Drivers'

licenses;

suspension of licenses

upon conviction of

possession

of

- 144 -

controlled substance

or marijuana ............ HB 1200 74

Drivinq

under the

infliience; presence of

marijuana

or

controlled substance

in blood or urine ....... HB 1360 70

Drug-free Postsecondary

Education Act; state

funds denied students

who commit certain

offenses

involving

marijuana, controlled

substances,

or

dangerous drugs ......... HB 1231 35

Drug-free Public Work

Force Act of 1990;

enacted . . . . . . . . . . . . . . . . . SB 500 90

Drug-free Workplace Act;

enacted ................. HB 9 116

Drug testing of certain

state employees ......... HB 1171 89

Education;

prescribed

course of study of

alcohol and drug abuse .. HB 1261 36

Fines and forfeitures;

additional penalties

for certain drug

related offenses ........ HB 1139 28

Georgia

Development

Authority; exclusion

from

programs

of

persons convicted of

illegal

drug

activities .............. HB 1160 115

Georgia

Residential

Finance

Authority;

persons convicted of

drug crimes prohibited

from participating in

home purchase programs .. HB 1159 8

Licenses; suspension or

revocation of state

licenses for offenses

involving controlled

substances

or

marijuana ............... SB 503 32

Licenses

to carry

firearms ................ SB 512 29

Mandatory drug testing

of candidates

for

certain state offices ... SB 545 43

Marijuana or controlled

substances; purchase .... HB 1340 31

Public

retirement

systems; forfeiture of

rights and benefits

upon conviction of

drug related crime ...... HB 1145 93

Public

Service

Commission;

inspections

and

arrests ................. HB 1151 93

Student

Organization

Responsibility

for

Drug

Abuse Act;

enacted . . . . . . . . . . . . . . . . . HB 1225 40

Taxation of

illegal

drugs;

jeopardy

assessments in cases

- 145 -

Bill

involving possession,

sale, or distribution

of illegal drugs ........ HB 1252 106

Taxation of marijuana

and

controlled

substances .............. HB 164 112

Workers' compensation;

injury or death due to

marijuana

or

controlled substance .... HB 1168 62

Workers' compensation;

out-of-state

mail

order pharmacies ........ HB 686 63

DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM--
Approval; fees ............ HB 663 73 Attendance by persons 16
years of age ............ SB 204 31

DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT--
Enacted . . . . . . . . . . . . . . . . . . . HB 999 55

- E-

ECONOMIC REHABILITATION ACT OF 1975--
Amended . . . . . . . . . . . . . . . . . . . SB 530 114

EDUCATION--

Alcohol; development and

dissemination

of

information . . . . . . . . . . . . . SB 622 35

Alcohol and drug abuse;

prescribed course of

study ................... HB 1261 36

Alternative

programs

beyond

regular

educational programs .... HB 1640 36

Assessment for first

grade

readiness;

tests, procedures, and

policies ................ HB 1641 37

Attendance

officers;

authority to employ

limited . . . . . . . . . . . . . . . . . HB 677 39

Certification

of

professional

personnel; fees ......... HB 1499 38

Child custody disputes;

removal of child from

school

premises

prohibited .............. HB 67 39

Code revision ............. HB 1278

1

College and university

presidents

or

designees;

voter

deputy registrars ....... HB 1419 44

College Opportunity Act;

enacted ................. SB 597 42

College or university

presidents

or

designees as deputy

voter registrars ........ HB 1172 43

Contracts and purchases

by public schools;

multiyear

lease,

purchase, or lease

purchase contracts ...... HB 1441 38

- 146 -

Bill Page

Crime reporting ........... HB 1297 40

Crimes; reporting of

certain crimes by any

school system educator .. HB 1521 39

Department of Education;

Georgia Administrative

Procedure Act ........... HB 1520 115

Drug-free Postsecondary

Education Act of 1990;

state funds denied to

students who commit

certain

offenses

involving marijuana,

controlled substances,

or dangerous drugs ...... HB 1231 35

Drug-free school zones .... SB 204 31

Education Partnership

Act of 1990; enacted .... HB 1518 40

Employee benefit plan

council;

schoolteachers

and

public

school

employees;

participation ........... HB 452 88

Equalization grants ....... HB 1640 36

Full-time

equivalent

count . . . . . . . . . . . . . . . . . . . HB 1640 36

Georgia Education Trust;

created . . . . . . . . . . . . . . . . . SB 597 42

Georgia Farm Animal and

Research Facilities

Protection

Act;

enacted . . . . . . . . . . . . . . . . . SB 575

5

Georgia

Military

College;

board of

trustees;

creation;

authority and duties;

scholarships ............ SB 623 41

Georgia

Proprietary

School Act; repealed .... HB 1254 41

Georgia

Public

Telecommunications

Commission; creation .... HB 1313 42

Georgia Student Finance

Commission; membership .. HB 1854

1

Hazing; penalties ......... HB 1423 28

Health

insurance;

schedule of maximum

fees for hospitals,

pharmacists,

and

practitioners of the

healing arts ............ SB 447 39

Isolated school grants .... SB 411 38

Kindergarten and primary

grades; instructional

costs ................... SB 622 35

Local boards; authority

to employ attendance

officers limited ........ HB 677 39

Local

boards

of

education; assistance

in

expense

of

discovering unreturned

property for school

taxes ................... HB 1177 109

Local

boards

of

education; failure to

arrange for operation

of schools .............. HB 1516 36

Local

boards

of

- 14 7 -

Bill

education; procedure

for filling vacancies ... HB 704 36

Middle schools; criteria

and standards

for

grants .................. SB 440 38

Nonpublic Postsecondary

Education Commission;

creation . . . . . . . . . . . . . . . . HB 1254 41

Nonpublic Postsecondary

Educational

Institutions Act of

1990; enacted ........... HB 1254 41

North Georgia College;

military scholarships;

selection ............... HB 1854

Peace officers employed

by

universities,

colleges, and schools;

search warrants ......... SB 641 32

Performance evaluation

of teachers ............. HB 1212 37

Postsecondary

Educational

Authorization Act of

1978; repealed .......... HB 1254 41

Prescribed courses ........ SB 622 35

Professional and staff

development programs;

stipends ................ HB 553 38

Quality Basic Education

Act; program weights .... HB 1756 37

School

buses;

transportation

to

nonschool activities;

reimbursement ........... SB 629 40

School year; automatic

repeal of authority of

local boards

of

education to vary

length repealed ......... HB 951 37

Sick leave; employees of

the Department of

Technical and Adult

Education ............... SB 622 35

Sparsity grants ........... SB 411 38

Staff and professional

development; use of

funds ................... SB 708 37

State

Board

of

Education;

Georgia

Ad.ministrative

Procedure Act ........... HB 1520 115

State

Board

of

Postsecondary

Vocational Education;

change of references

to State Board or

Department

of

Technical and Adult

Education ............... HB 628 19

State Board of Technical

and Adult Education;

membership .............. HB 1854

1

Student

Organization

Responsibility

for

Drug

Abuse Act;

enacted . . . . . . . . . . . . . . . . . HB 1225 40

Student

teachers;

additional payment to

supervisors ............. HB 1640 36

- 148 -

Bill Page

Suspending and reopening

local school systems .... HB 1517 39

Teacher

support

specialists ............. HB 1640 36

Teachers; assessment of

performance ............. HB 1212 37

Teachers' certificates;

fees .................... HB 1499 38

Teachers' certificates;

applicants who have

not

completed a

teacher preparation

program . . . . . . . . . . . . . . . . . SB 671 38

University System of

Georgia; aid to or

from law enforcement

agencies ................ SB 580 69

EDUCATION PARTNERSHIP ACT OF 1990--
Enacted ................... HB 1518 40

ELDERLY PERSONS-Transportation services ... SB 567 57

ELECTIONS--

Campaign contribution

disclosure reports;

soil

and

water

conservation district

supervisors exempted

from filing ............. HB 1465 45

Campaign contributions;

disclosures ............. HB 1385 45

Campaign contributions;

disposition;

conversion to personal

use ..................... HB 1312 46

Code revision ............. HB 1273 42

Constitutional

or

statutory boards for

which membership is

based on residency in

a

congressional

district; continuation

in office ............... HB 1854 1

County

courthouses;

demolition; referendum .. HB 1247 67

Deputy registrars; chief

deputy registrars who

are elected public

officers authorized to

qualify for reelection .. HB 346 42

Deputy

registrars;

presidents of public

or private colleges or

universities or their

designees to serve as

deputy registrars ....... HB 1419 44

Drug testing; candidates

for certain state

offices ................. SB 545 43

Ethics in Government

Act;

campaign

contributions;

disclosures ............. HB 1385 45

Ethics in Government

Act;

governmental

agencies, departments,

and

political

- 149 -

Bill

subdivisions

prohibited from making

campaign contributions .. HB 1336 46

Municipal

elections;

dates ................... SB 415 44

Municipal

special

elections; dates ........ HB 1628 44

Nominating petitions ...... HB 1167 42

Paupers' affidavits ....... HB 1167 42

Political

parties;

certification ........... HB 1167 42

Primaries; conduct ........ HB 1167 42

Recall Act of 1989;

legal sufficiency of

petition;

judicial

review .................. SB 486 44

Registrars ................ HB 1167 42

Registrars; appointment

and compensation of

chief registrars and

other registrars ........ HB 1131 43

Registration; absentee

ballots; college or

university presidents

or designees as deputy

registrars .............. HB 1172 43

Selection

and

qualification

of

candidates for certain

state offices; drug

testing ................. SB 545 43

Special elections; dates

for special elections ... HB 1628 44

Special

municipal

elections; dates ........ HB 1167 42

Special

municipal

primaries; dates ........ HB 1167 42

Tabulating machines ....... HB 1167 42

Voter lists; use for

commercial purposes

prohibited .............. HB 1172 43

ELECTRIC MEMBERSHIP

CORPORATIONS--

Encumbrance

of

after-acquired

property . . . . . . . . . . . . . . . . HB 1282 85

EMERGENCY MEDICAL
TECHNICIANS-Indemnification ........... HB 1630 86

EMERGENCY TELEPHONE
SYSTEM FUND-Establishment by local governments with "911" systems ................. HB 1422 92

EMERGING CROPS FUND ACT-Fund established to make loans for cost of establishing emerging crops ................... HB 1105 3

EMINENT DOMAIN--

Code revision ............. HB 1278 1

Sanitary

sewerage

systems ................. HB 1050 47

- 150 -

Bill

EMPLOYEE BENEFIT PLAN

COUNCIL--

Health care or dependent

care

spending

accounts; deductions;

state employees ......... SB 417 88

Schoolteachers

and

public

school

employees;

participation ........... HB 452 88

EMPLOYEES' RETIREMENT

SYSTEM OF GEORGIA--

Appellate court judges;

mandatory retirement

age ..................... HB 1633 96

Creditable

service;

forfeited annual and

sick leave .............. SB 10 97

Creditable service for

certain

military

service authorized ...... HB 695 94

Creditable service for

certain

teaching

service ................. HB 156 95

Creditable service for

employees of certain

county departments of

family and children

services ................ HB 539 97

Creditable service for

military

service;

World war II ............ HB 46 94

District

Attorneys'

Retirement

System;

transfer of membership

from . . . . . . . . . . . . . . . . . . . . HB 752 103

General Assembly; group

term life insurance

for members and former

members of the General

Assembly authorized ..... HB 754 95

Georgia Federal-State

Shipping

Point

Inspection

Service

employees; creditable

service ................. SB 312 97

Georgia Hazardous Waste

Management Authority;

membership of officers

and employees ........... HB 7 6 9 96

Membership;

employee

contributions;

judicial employees ...... HB 436 95

Membership of judicial

employees ............... HB 1088 96

Restoration to service

of

disability

beneficiary . . . . . . . . . . . . . HB 761 95

Retirement allowances

for certain employees

revised; contributions .. HB 1095 97

Survivors benefits and

group term

life

insurance for members,

former members, and

retired members ......... HB 754 95

Tax commissioners, tax

collectors,

tax

receivers,

and

- 151 -

Bill
employees; eligibility for membership .......... HB 769 96

EMPLOYER AND EMPLOYEE-Discrimination against
employee for attending a judicial proceeding; exceptions .............. HB 1274 20

EMPLOYMENT SECURITY LAW-Fishing ................... SB 232 61

ENDOWMENT FUNDS-Regulation ................ SB 632 85

ENGINEERS--

Workers' compensation;

professional engineers

exempted

from

third-party actions ..... HB 319 62

ENVIRONMENTAL PROTECTION-See "Conservation and
Natural Resources"; "Health"; and "Waters of the State, Ports, and Watercraft"

ETHICS IN GOVERNMENT ACT--

Campaign contributions;

disclosures ............. HB 1385 45

Campaign contributions;

governmental agencies,

departments,

and

political subdivisions

prohibited from making

campaign contributions .. HB 1336 46

EVIDENCE--

AIDS

confidential

information;

disclosure .............. HB 842 47

Children; competence in

certain cases ........... HB 1321 47

Privilege;

qualified

privilege for persons

engaged

in news

gathering

and

dissemination ........... SB 636 47

Termination of parental

rights .................. SB 509 27

Witness fees; arson

investigators of the

state fire marshal's

office or members of

local fire departments .. SB 579 47

Witnesses;

children

competent witnesses in

certain cases ........... HB 1321 47

EXPLOSIVE DEVICES-Criminal possession ....... HB 1512 29

- F-

FACSIMILE MESSAGES--

Unsolicited commercial

facsimile

messages

prohibited .............. HB 1181 91

- 152 -

Bill Page

FAIR HOUSING--

Fair

housing

and

discriminatory

practices relating to

housing transactions .... HB 1202 9

Real estate brokers and

salespersons;

sanctions

for

discriminatory

practices ............... HB 1679 Bl

FAMILIES AND CHILDREN--

Emotionally disturbed

children; delivery of

social services ......... HB 560 113

Social

services;

delivery to families

and children ............ SB 705 113

FAMILY PRESERVATION AND CHILD PROTECTION REFORM ACT--
Enacted . . . . . . . . . . . . . . . . . . . SB 705 113

FARMERS' MARKETS--

Defined;

rental

or

leasing ................. SB 518 3

FIDUCIARIES--

Annual

returns

of

fiduciaries

administering estates ... HB 1392 119

Entities acting as

corporate fiduciaries ... SB 601 5

See also "Wills, Trusts,

and Administration of

Estates"

FINANCIAL TRANSACTION

CARDS--

Credit card accounts ...... HB 1406

7

Criminal factoring of

financial transaction

card records ............ SB 615 29

FINE ARTS--
Rights; reservation by the artist .............. SB 457 11

FINES AND FORFEITURES-Bond forfeitures .......... HB 1350 33 Collection ................ HB 1440 78 Drug related crimes ....... HB 1139 28 Fine as condition to probation; amount ....... SB 454 33

FIRE DEPARTMENTS-Minimum requirements for
organization ............ HB 620 48

FIRE PROTECTION AND

SAFETY--

Aboveground

storage

tanks for diesel fuel ... SB 716 48

Blasting and excavating

near gas pipes and

underground facilities .. HB 1651 48

Minimum requirements for

oroanization of a fire

de~artment .............. HB 620 48

- 153 -

Bill

Smoke detectors required

in certain buildings .... SB 711 48

Standard Fire Prevention

Code

(SBCCI);

state-wide application .. HB 1680

8

Witness fees;

arson

investigators of state

fire marshal's office

or members of local

fire departments ........ SB 579 47

FIREARMS--

Legal hunting weapons ..... HB 1412 50

Licenses;

persons

convicted of drug

offenses ................ SB 512 29

Licenses to carry; fees ... HB 1445 30

Possession of firearms;

United

States

Attorneys ............... SB 20 30

FIREMEN-Indemnification ........... HB 1630 86

FISHING LICENSES-Fees ...................... SB 741 50 See also "Game and Fish"

FLINT JUDICIAL CIRCUIT-Additional judge .......... HB 1951 22

FOOD, DRUGS, AND

COSMETICS--

Adulterated

food;

pesticide residue ....... SB 516 49

Canned or perishable

food; donation to

charitable

or

nonprofit

organizations;

immunity from suit ...... HB 1277 118

Code revision ............. HB 1278 1

Honey and imitation

honey; penalty for

mislabeling ............. HB 1654 49

FOREST PRODUCTS--

Dimension

lumber;

grading ................. SB 665 4

Georgia Forest Products

Trucking Rules .......... HB 887 90

Standing timber; ad

valorem taxation ........ HB 1539 107

Standing timber;

ad

valorem taxation ........ HB 1646 108

FORMER PRISONERS OF WAR

RECOGNITION DAY--

Designated ................ SB 663

1

FRATERNITIES--

Student

Organization

Responsibility

for

Drug

Abuse Act;

enacted ................. HB 1225 40

- 154 -

Bill

FUNERAL DIRECTORS,

EMBALMERS, AND OPERATORS

OF FUNERAL ESTABLISHMENTS--

General

provisions;

State Board of Funeral

Service;

licenses;

operation of funeral

establishments .......... HB 1790 80

FUNERALS--

Law enforcement officers

directing

funerals

granted immunity . . . . . . . . HB 1246 86

- G-

GAMBLING--

Exemptions; devices ....... SB 412 30

Forfeiture of property .... HB 1154 30

Ships

containing

gambling devices in

state waters ............ HB 1512 29

GAME AND FISH--

Code revision ............. HB 1278 1

Commercial

hunting

preserves; licenses ..... HB 1629 50

Conservation rangers;

authority to assist

law

enforcement

agencies in crime

prevention

and

apprehension

of

criminals ............... HB 1373 50

Creel and possession

limits;

red drum,

commonly known as

spot-tail bass or

channel bass ............ HB 1372 51

Fishing;

unemployment

compensation . . . . . . . . . . . . SB 232 61

Fishing and hunting

licenses; fees .......... SB 741 50

Georgia Administrative

Procedure

Act;

applicability to rules

and regulations of the

Board of Natural

Resources ............... SB 534 49

Legal hunting weapons;

handguns ................ HB 1412 50

Marine

toilets on

certain lakes ........... HB 1807 15

Marine toilets

on

certain lakes ........... SB 490 118

Taxidermists; licensure ... HB 1629 50

Veterans'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275 1

GARNISHMENT-Individual retirement accounts; pension or retirement benefits ..... HB 1098 33

GAS PIPES-Blasting or excavating near .................... HB 1651 48

- 155 -

Bill

GENERAL ASSEMBLY--

Acts

granting

compensation increases

to municipal officers

and

employees;

effective date .......... SB 364 1

Commissioner

of

Insurance;

supplemental report on

property and casualty

insurance ............... SB 709 57

Employees'

Retirement

System of Georgia;

group term

life

insurance for members

and former members of

the General Assembly

authorized .............. HB 754 95

Georgia

Agrirama

Development Authority

Overview Committee;

created . . . . . . . . . . . . . . . . . HB 1889 2

Georgia

Laws;

legislative counsel to

compile, index, edit,

and publish ............. HB 1446 51

Georgia

Legislative

Retirement

System;

creditable service for

prior service as

member of the General

Assembly . . . . . . . . . . . . . . . . HB 1114 99

Georgia

Legislative

Retirement

System;

retirement allowance .... HB 198 100

Georgia Music Hall of

Fame

Overview

Committee; creation ..... SB 718 14

Legislative

counsel;

compiling, indexing,

editing,

and

publishing

Georgia

La.ws .................... HB 1446 51

Legislative

Services

Committee; meetings;

approval of invoices .... HB 1309 51

Municipal officers and

employees;

compensation

increases; effective

dates ................... SB 364 1

GENERAL PROVISIONS--

Children's Day declared ... SB 488 1

Former Prisoners of War

Recognition

Day;

designated .............. SB 663 1

Laws and statutes;

effective date of

census for certain

purposes changed ........ HB 1854 1

Municipal officers and

employees;

compensation

increases; effective

dates ................... SB 364

1

- 156 -

Bill Page

GEOLOGISTS--

Workers' compensation;

exemptions

from

third-party actions ..... HB 319 62

GEORGIA ADMINISTRATIVE

PROCEDURE ACT--

Applicability to State

Board of Education and

Department

of

Education ............... HB 1520 115

Board

of

Natural

Resources;

applicability to rules .. SB 534 49

Department of Medical

Assistance; rules ....... HB 1053 115

GEORGIA AGRICULTURAL EXPOSITION AUTHORITY--
Members' compensation ..... HB 1374 14

GEORGIA AGRIRAMA

DEVELOPMENT AUTHORITY--

Georgia

Agrirama

Development Authority

Overview Committee;

created ................. HB 1889 2

Membership of Secretary

of State ................ SB 460 2

GEORGIA ALLOCATION SYSTEM--
Amended . . . . . . . . . . . . . . . . . . . HB 1708 69

GEORGIA ANIMAL

PROTECTION ACT--

Euthanasia of dogs and

cats .................... HB 671 5

Pet dealers and kennel,

stable, and animal

shelter

operators;

license fees; "stable"

redefined ............... HB 1366 4

Quarantine of animals

with

contagious

disease ................. HB 1366 4

GEORGIA AUCTIONEERS

COMMISSION--

Terms;

reports;

termination date ........ SB 574 79

GEORGIA BOAT SAFETY ACT--

"Protected

fresh

waters'';

marine

toilets ................. HB 1807 15

"Protected

fresh

waters";

marine

toilets ................. SB 490 118

GEORGIA BUREAU OF

INVESTIGATION--

Peace Officers' Annuity

and Benefit Fund;

membership of certain

employees ............... SB 28 104

State Medical Examiner;

Medical

Examiner

Advisory Commission ..... HB 1323 65

- 157 -

Bill Page

GEORGIA COMPOSITE BOARD OF PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS--
Termination date .......... SB 572 79

GEORGIA COMPREHENSIVE SOLID WASTE MANAGEMENT
ACT-Biomedical waste thermal
treatment technology facilities; permits ..... SB 478 17 Enacted ................... SB 533 17 Solid waste disposal sites; permits .......... SB 478 17

GEORGIA CONDOMINIUM ACT--

Association; meetings;

rules and regulations;

termination . . . . . . . . . . . . . HB 502 82

Condominium instruments;

amendment;

special

assessments;

common

expenses; allocation;

common elements ......... HB 502 82

Insurance;

coverage;

allocation

of

deductible .............. HB 502 82

GEORGIA COORDINATE SYSTEM OF 1985--
Distances; expression in either meters or feet ... HB 1249 83

GEORGIA CORONER'S
TRAINING COUNCIL-Quorum .................... SB 593 88 Terms of office ........... SB 595 87

GEORGIA COUNCIL FOR THE ARTS--
Membership ................ HB 1854 1

GEORGIA COUNTY
LEADERSHIP ACT-Enacted ................... HB 1442 67

GEORGIA CRIME INFORMATION
CENTER-Dissemination of records .. HB 1204 65

GEORGIA DEATH
INVESTIGATION ACT-Enacted ................... HB 1323 65

GEORGIA DEVELOPMENT

AUTHORITY--

Emerging Crops Fund Act;

administration of the

Emerging Crops Fund ..... HB 1105 3

Exclusion from programs

of persons convicted

of illegal

drug

activities .............. HB 1160 115

GEORGIA DEVELOPMENT IMPACT FEE ACT--
Enacted ................... HB 796 69

- 158 -

Bill

GEORGIA EDUCATION TRUST-Created . . . . . . . . . . . . . . . . . . . SB 597 42

GEORGIA EMERGENCY

TELEPHONE NUMBER "911"

SERVICE ACT OF 1977--

Local

governments;

monthly

fees;

indemnification;

ultimate

responsibility

to

service suppliers ....... HB 1422 92

GEORGIA FARM ANIMAL AND RESEARCH FACILITIES
PROTECTION ACT-Enacted . . . . . . . . . . . . . . . . . . . SB 575 5

GEORGIA FEDERAL-STATE SHIPPING POINT INSPECTION SERVICE--
Retirement; creditable service ................. SB 312 97

GEORGIA FIREMEN'S
PENSION FUND-Benefits .................. SB 162 100

GEORGIA FOOD ACT--

Adulterated

food;

pesticide residue ....... SB 516 49

GEORGIA FOREST PRODUCTS

TRUCKING RULES--

Adoption

and

promulgation by the

Public

Service

Commission . . . . . . . . . . . . . . HB 887 90

GEORGIA GIFT TO MINORS
ACT-Repealed . . . . . . . . . . . . . . . . . . HB 256 83

GEORGIA HAZARDOUS WASTE

MANAGEMENT AUTHORITY ACT--

Employees'

Retirement

System of Georgia;

membership of officers

and employees ........... HB 769 96

Hazardous

waste

reduction plans ......... SB 519 18

Membership and duties of

the authority ........... SB 652 18

GEORGIA HEARING AID

DEALERS AND DISPENSERS

ACT--

State Board of Hearing

Aid

Dealers

and

Dispensers;

termination date ........ HB 1433 80

GEORGIA LAND SALES ACT-Enacted . . . . . . . . . . . . . . . . . . . HB 1333 82

GEORGIA LAWS-Legislative counsel to compile, index, edit, and publish ............. HB 1446 51

- 159 -

Bill

GEORGIA LEGISLATIVE
RETIREMENT SYSTEM-Creditable service for prior service as
member of the General Assembly . . . . . . . . . . . . . . . . HB 1114 99 Retirement allowance ...... HB 198 100

GEORGIA LIFE INSURANCE AND HEALTH INSURANCE GUARANTY ASSOCIATION--
Assessments ............... HB 1710 60

GEORGIA MEDICAL

ASSISTANCE ACT OF 1977--

Drugs; Department of

Human

Resources;

negotiation for drugs

from sole supplier;

drug application fee .... HB 577 112

Interest on orders and

judgments ............... HB 1541 112

Rules ..................... HB 1053 115

GEORGIA MILITARY COLLEGE--

Board of trustees;

creation;

authority

and

duties;

scholarships ............ SB 623 41

GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT--
Amended ................... HB 1186 11

GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM--
Name changed from Joint Municipal Employees Benefit System . . . . . . . . . . HB 1639 93

GEORGIA MUNICIPAL TRAINING ACT--
Enacted ................... HB 1442 67

GEORGIA MUSIC HALL OF FAME AUTHORITY ACT--
Enacted ................... SB 717 14

GEORGIA MUSIC HALL OF FAME AUTHORITY OVERVIEW
COMMITTEE-Created ................... SB 718 14

GEORGIA MUTUAL AID ACT--

Public safety director

or chief of police of

any institution within

the University System

of Georgia authorized

to aid or request aid

from

local

law

enforcement agencies .... SB 580 69

GEORGIA PESTICIDE USE AND APPLICATION ACT OF 1976--
Pesticide contractor's license; crop dusters; agricultural applications ............ HB 552 2

- 160 -

GEORGIA PROPRIETARY SCHOOL ACT--
Repealed .................. HB 1254 41

GEORGIA PUBLIC TELECOMMUNICATIONS COMMISSION--
Created ................... HB 1313 42

GEORGIA RADIATION CONTROL ACT--
Revised . . . . . . . . . . . . . . . . . . . HB 947 55

GEORGIA RAIL PASSENGER

AUTHORITY--

Membership ................ HB 1854

1

GEORGIA REAL ESTATE APPRAISERS BOARD--
Created ................... SB 250 81

GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT--
Amended ................... HB 1250 80

GEORGIA RESIDENTIAL

FINANCE AUTHORITY--

Drug crimes; persons

convicted of drug

crimes prohibited from

participating in home

purchase programs . . . . . . . HB 1159 8

Powers and duties;

loans;

bonds;

subsidiary

authorities;

tax

exemption of property ... SB 508 8

GEORGIA SAFE DAMS ACT OF 1978--
Exemptions; change of classification; inspections ............. SB 563 17

GEORGIA SECURITIES ACT

OF 1973--

Definitions; additional

regulation of certain

persons; training of

certain

salesmen;

dollar limitations on

certain

offerings;

stop orders; penalties .. HB 1459 13

Investment advisers ....... HB 1463 13

GEORGIA STATE GAMES COMMISSION--
Assigned to Department of Natural Resources .... SB 568 115

GEORGIA STATE WAREHOUSE ACT--
Licenses .................. SB 691 12

GEORGIA STUDENT FINANCE

COMMISSION--

Georgia Education Trust;

created . . . . . . . . . . . . . . . . . SB 597 42

Membership ................ HB 1854

1

- 161 -

Bill

State

funds

denied

students who commit

offenses

involving

marijuana, controlled

substances,

or

dangerous drugs ......... HB 1231 35

GEORGIA TIME-SHARE ACT--

Definitions;

campsite

programs ................ HB 502 82

GEORGIA TRADE SECRETS ACT OF 1990--
Enacted . . . . . . . . . . . . . . . . . . . HB 1449 11

GEORGIA TRANSFERS TO MINORS ACT--
Enacted ................... BB 256 83
GEORGIA WATER QUALITY CONTROL ACT--
Civil penalty ............. SB 608 16 Combined sewer overflow
systems; permits ........ SB 605 16 Combined sewer overflows .. SB 606 16 Lakes; water quality
standards ............... SB 714 15 Phosphorus; retail sale
of certain cleaning agents prohibited ....... SB 696 15

GEORGIAc~ET AUTHORITY-Created . . . . . . . . . . . . . . . . . . . BB 1757 117

GLYNN COUNTY-Superior court; terms ..... SB 727 21

GOVERNOR'S COMMISSION

ON OBSTETRICS--

Created ................... SB 553

9

GRAND JURIES--
Indictment of local officials ............... SB 600 87

GUARDIA,, AND WARD--

Disputed claims; probate

court authorized to

approve

structured

settlements ............. HB 1390 51

Incapacitated adults;

appointment

of

guardian; modification

or termination of

guardian; death of

wa.rd . . . . . . . . . . . . . . . . . . . . HB 1391 52

Vetera.ns'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275

1

- H-

HABITUAL VIOLATORS--

Driving

under the

influence ............... HB 663 73

Motor Vehicle Safety

Responsibility Act;

financial

- 162 -

Bill Page

responsibility .......... HB 1677 75

HANDGUNS--

Legal hunting weapons ..... HB 1412 50

Licenses;

persons

convicted of drug

offenses ................ SB 512 29

Licenses to carry; fees ... HB 1445 30

Possession;

United

States Attorneys ........ SB 20 30

HANDICAPPED PERSONS-Advisory Commission on Proorams for the Vis~ally Impaired and the Hearing Impaired; termination date ........ SB 560 52
Incapacitated adults; guardianships ........... HB 1391 52
Telephone systems for
physically impaired; state-wide dual party telephone relay system created . . . . . . . . . . . . . . . . . SB 591 92 Transportation services ... SB 567 57

HAZARDOUS MATERIALS--

Aboveground

storage

tanks for diesel fuel ... SB 716 48

HAZARDOUS WASTE--

Aboveground

storage

tanks for diesel fuel ... SB 716 48

Georgia Hazardous Waste

Management Authority;

membership and duties

of the authority ........ SB 652 18

Hazardous

waste

reduction plans ......... SB 519 18

HAZING-Penalties ................. HB 1423 28

HEALTH--

Certificates of need;

revocation; services .... HB 1939 53

Code revision ............. HB 1278 1

Continuing

care

providers; regulation

by

the

Insurance

Department .............. HB 1137 61

Department of Human

Resources; rules and

regulations; variances

and waivers ............. HB 1457 52

Disclosures to patients;

intraductal injection ... SB 420 54

Durable

Power

of

Attorney for Health

Care Act; enacted ....... HB 999 55

Emergency rooms; notice

of rights of women in

labor and persons with

emergency

medical

conditions .............. HB 580 53

Georgia Farm Animal and

Research Facilities

Protection

Act;

enacted ................. SB 575 5

Georgia

Radiation

- 163 -

Bill

Control Act ............. HB 947 55

Health Care Personnel

Policy

Advisory

Commission; creation .... HB 1226 56

Health Planning Review

Boa.rd; composition . . . . . . HB 1854

1

Hea.lth Planning Review

Board;

membership;

hearings ................ SB 628 52

Health Policy Council;

composition ............. HB 1854 1

HIV tests ................. HB 842 47

Home health agencies;

exemption

from

certificates ............ HB 1383 54

Hospital authorities;

functions and powers;

nursing and health

care education . . . . . . . . . . SB 229 53

Hospital

Equipment

Financing Authority;

name changed; powers

and authority ........... SB 468 54

Hospitals;

staff

privileges; reports of

disciplinary actions .... SB 333 53

Indigent Care Trust

Fund; creation .......... HB 1696 54

Licensed

Practical

Nurses;

licensure;

reciprocity with other

states .................. HB 1563 80

Mammograms and Pap

smears; insurance ....... HB 1427 59

Penal

institutions;

sanitation and health

requirements ............ HB 1163 76

Radiation;

Georgia

Radiation Control Act ... HB 947 55

Regulation of hospitals

and

institutions;

institutions defined .... HB 1434 53

Sterilization

procedures; consent of

spouse .................. SB 552 55

Tattooing near the eye

prohibited .............. HB 1505 30

Vetera_ns'

Administration; change

cf name to United

States Department of

Veterans Affairs ........ HB 1275 1

See also "Handicapped

Persons"; "Insurance";

and "Mental Health"

HEALTH CARE FACILITIES-Certificates of need; revocation; services .... HB 1939 53

HEALTH CARE PERSONNEL
POLICY ADVISORY
COMMISSION-Creation .................. HB 1226 56

HEALTH MAINTENANCE ORGANIZATIONS--
Insurance . . . . . . . . . . . . . . . . . HB 1128 57

- 164 -

Bill

HEALTH PLANNING REVIEW

BOARD--

Composition ............... HB 1854

1

Membership; hearings ...... SB 628 52

HEALTH POLICY COUNCIL--

Composition . . . . . . . . . . . . . . . HB 1854

1

HEARING AID DEALERS AND

DISPENSERS--

State Board of Hearing

Aid Dealers

and

Dispensers;

termination date ........ HB 1433 80

HIGHWAYS, BRIDGES, AND

FERRIES--

Code revision ............. HB 1278

1

Financial assistance for

transportation

services for elderly

and

handicapped

persons ................. SB 567 57

Georgia Forest Products

Trucking Rules .......... HB 887 90

Length

restrictions;

automobile carriers ..... HB 1235 56

Rest areas and welcome

centers; State Patrol ... HB 1435 65

State

Transportation

Board;

per diem

allowance for members ... HB 1417 56

HISTORIC PROPERTY-Taxation of landmark historic property . . . . . . . HB 1578 107

HOLDING TANKS--
Marine toilets ............ SB 490 118 Marine toilets ............ HB 1807 15 Sewage Holding Tank Act;
enacted ................. HB 1957 15

HOLIDAYS AND OBSERVANCES--

Children's Day; declared .. SB 488

Former Prisoners of War

Recognition

Day;

designated .............. SB 663

HOME HEALTH AGENCIES--

Exemptions

from

certificates ............ HB 1383 54

HONEY-Mislabeling; penalties .... HB 1654 49

HONEYBEES--

Diseases;

Africanized

bees .................... HB 1367

3

HOSPITAL AUTHORITIES LAW-Functions and powers of hospital authorities; nursing and health care education .......... SB 229 53

- 165 -

Bill Page

HOSPITAL EQUIPMENT

FINANCING AUTHORITY ACT--

Name changed to Hospital

Financing Authority

Act; construction and

financing

of

facilities .............. SB 468 54

HOSPITAL FINANCING

AUTHORITY ACT--

Name

changed from

Hospital

Equipment

Financing Authority

Act;

powers

of

authority broadened ..... SB 468 54

HOSPITALS--

Certificates of need;

revocation; services .... HB 1939 53

Disclosures to patients;

intraductal injection ... SB 420 54

Emergency rooms; notice

of rights of women in

labor and persons with

emergency

medical

conditions .............. HB 580 53

Hospital

Financing

Authority; acquisition

and construction of

facilities .............. SB 468 54

Regula.tion; institut ion

defined . . . . . . . . . . . . . . . . . HB 1434 53

Staff

privileges;

reports

of

disciplinary actions .... SB 333 53

HUMAN RESOURCES, DEPARTMENT OF--
Rules and regulations; variances and waivers ... HB 1457 52

HUNTING LICENSES-Fees ...................... SB 741 50
See also "Game and Fish"

- I-

IMPACT FEES--

Georgia.

Development

Impact Fee

Act;

enacted . . . . . . . . . . . . . . . . . HB 796 69

INDIGENT CARE TRUST FUND-Created ................... HB 1696 54

INDIVIDUAL RETIREMENT
ACCOUNTS-Garnishment ............... HB 1098 33

INFORMED CONSENT-Intraductal injections .... SB 420 54

INSPECTION OF PUBLIC RECORDS--
Computer programs and software ................ SB 699 116

INSURA..l'KE--

Code revision ............. HB 1278 1

Commissioner

of

- 166 -

Bill

Insurance;

scmolemental report on

property and casualty

insurance ............... SB 709 57

Consent of insured for

personal

insurance;

exception;

corporations; trusts .... SB 523 58

Continuing

care

providers; regulation

by

the

Insurance

Department .............. HB 1137 61

Counterfeit or false

proof of insurance

document; manufacture,

sale, distribution, or

possession; penalties ... SB 544 29

Domestic

mutual

insurers; types of

insurance allowed ....... HB 1128 57

Fair

access

to

insurance; time ......... HB 1195 59

Fraudulent

insurance

acts .................... SB 662 57

Georgia Life and Health

Insurance

Guaranty

Association;

assessments ............. HB 1710 60

Group life insurance;

rating of

small

groups; notice of

premium increases ....... SB 434 58

Group

or

blanket

accident and sickness

insurance; rating of

small groups; notice

of premium increases .... SB 434 58

Health benefit plans;

private review agents;

certification ........... HB 1813 60

Health

maintenance

organizations ........... HB 1128 57

Individual accident and

sickness

insurance

policies; deductibles ... SB 434 58

Life insurance; notice

to persons insured

under life or accident

and sickness policies ... HB 1219 58

Mammograms and Pap

smears;

optional

coverage . . . . . . . . . . . . . . . . HB 1427 59

Medicare

supplement

insurance;

minimum

policy standards ........ HB 1674 60

Motor vehicle insurance;

notice of cancellation .. HB 255 59

Motor vehicle insurance;

premium

reduction;

driver

improvement

clinics ................. SB 433 59

Motor vehicles; assigned

risk plans .............. HB 1196 75

Pap

smears

and

mammograms; optional

coverage ................ HB 1427 59

Personal

insurance;

application

and

consent

of

the

insured;

exception;

- 167 -

Bill

corporations; trusts .... SB 523 58

Private review agents;

certification . . . . . . . . . . . HB 1813 60

Rates; discounts for

honor students and

good drivers ............ SB 662 57 Surplus requirements ...... HB 1128 57

Transfer of certain

provisions to Motor

Vehicle Code ............ HB 1360 70

Veterans'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275

Workers' compensation;

group self-insurance

funds ................... SB 693 63

Workers'

compensation

insurance; filing of

rates ................... SB 464 62

Workers'

compensation

insurance;

optional

deductible .............. HB 1753 63

INTRADUCTAL INJECTIONS-Disclosures to patients ... SB 420 54

INVESTMENT ADVISER-Defined . . . . . . . . . . . . . . . . . . . HB 1463 13

-J-

JAILS--

Municipal

detention

facilities; safety and

security; dispatchers;

jailers ................. HB 1728 77

Release of prisoners

prior to completion of

sentence ................ SB 561 76

Sexual assault against

persons in custody ...... SB 602 28

Transmittal

of

information

on

convicted persons ....... SB 354 77

See

also

"Penal

Institutions"

JEKYLL ISLAND--STATE PARK

AUTHORITY--

Membership of Secretary

of State ................ SB 460

2

JOINT BOARD OF FAMILY

PRACTICE--

Expense allowance and

travel

cost

reimbursement ........... HB 1272 114

JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEM--
Name change; investment of funds . . . . . . . . . . . . . . . . HB 1639 93

JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA--
Creditable service ........ SB 445 23 Secretary-treasurer;

- 168 -

Bill Page dues and benefits ....... SB 58 102

JUDICIAL COUNCIL OF

GEORGIA--

Employees;

Employees'

Retirement System of

Georgia; membership ..... HB 436 95

JURIES-Discrimination against employees on jury duty .. HB 1274 20

JUVENILE COURTS-Associate juvenile court judges and traffic judges; disposition of delinquent children ..... HB 222 25 Deprivation; competency of children to testify .. HB 1321 47 Detention of unruly
children . . . . . . . . . . . . . . . . HB 1616 26 Incorrigible children;
sentencing; Department of Corrections .......... SB 484 24 Removal of children from home . . . . . . . . . . . . . . . . . . . . HB 1320 26 Supervision fees .......... HB 1617 27 Termination of parental rights; adoption ........ SB 443 25 Termination of parental rights; evidence ........ SB 509 27

JUVENILE JUSTICE COORDINATING COUNCIL--
Membership . . . . . . . . . . . . . . . . HB 1617 27

- K-

- L-

LABOR AND INDUSTRIAL RELATIONS--

Boiler and Pressure

Vessel Safety Act;

exemptions . . . . . . . . . . . . . . HB 1686 64

Carnival Ride Safety

Act; amended ............ SB 570 64

Code revision ............. HB 1278

1

Discrimination against

employee for attending

a judicial proceeding;

exceptions . . . . . . . . . . . . . . HB 1274 20

Employment Security Law;

fishing . . . . . . . . . . . . . . . . . SB 232 61

Unemployment

compensation; fishing ... SB 232 61

Workers' compensation;

benefits;

board;

procedures; suppliers;

physicians;

peer

review . . . . . . . . . . . . . . . . . . SB 464 62

Workers' compensation;

confirmation

of

insurer's refusal to

cover risk . . . . . . . . . . . . . . HB 1426 63

Workers' compensation;

covered

employees;

minors;

emergency

management, rescue, or

medical

service

personnel . . . . . . . . . . . . . . . SB 728 61

- 169 -

Bill Page

Workers' compensation;

exemptions

from

third-party actions ..... HB 319 62

Workers' compensation;

farm laborers ........... HB 1351 62

Workers' compensation;

group self-insurance

funds ................... SB 693 63

Workers' compensation;

injury or death due to

marijuana

or

controlled substance .... HB 1168 62

Workers' compensation;

optional deductibles .... HB 1753 63

Workers' compensation;

out-of-state

mail

order pharmacies ........ HB 686 63

Workers' compensation;

Self-insurers Guaranty

Trust Fund; creation .... HB 1421 64

LAKE BURTON--

Marine

toilets

prohibited .............. SB 490 118

LAKE LANIER ISLANDS
DEVELOPMENT AUTHORITY-Membership of Secretary of State ................ SB 460 2

LAKE RABUN--

Marine

toilets

prohibited .............. SB 490 118

LAND BANK AUTHORITIES-Composition; powers and duties .................. HB 1620 106

LAND SURVEYORS--

Workers' compensation;

exemption

from

third-party actions ..... HB 319 62

LANDLORD AND TENANT--

Dwellings unfit for

habitation; hearings .... HB 1570 76

Fair housing .............. HB 1202 9

Fair housing .............. HB 1679 81

Military

personnel;

permanent change of

station . . . . . . . . . . . . . . . . . HB 1152 84

Smoke detectors ........... SB 711 48

LANDMARK HISTORIC PROPERTY--
Taxation .................. HB 1578 107

LANDSCAPE ARCHITECTS--

Workers' compensation;

exemption

from

third-party actions ..... HB 319 62

LAUNDRY DETERGENTS--

Low phosphorus laundry

detergents;

sale;

water quality ........... SB 696 15

- 170 -

Bill

LAW ENFORCEMENT OFFICERS

AND AGENCIES--

Animals; duty to enforce

disease prevention and

control provisions ...... SB 517

4

Code revision ............. HB 1278 1

Conservation rangers;

authorization

to

cooperate with law

enforcement agencies

in crime prevention

and apprehension of

criminals ............... HB 1373 50

Department of Public

Safety;

accident

reports ................. HB 1295 75

Department of Public

Safety;

driver

improvement programs .... SB 433 59

Department of Public

Safety; notice of

cancellation of motor

vehicle insurance ....... HB 255 59

Department of Public

Safety; qualifications

of persons appointed

to or enlisted in the

Uniform Division . . . . . . . . SB 262 65

Fleeing or attempting to

elude a police officer .. SB 642 75

Funerals;

law

enforcement officers

directing

funerals

granted immunity from

liability . . . . . . . . . . . . . . . HB 1246 86

Georgia Bureau

of

Investigation; Peace

Officers' Annuity and

Benefit

Fund;

membership . . . . . . . . . . . . . . SB 28 104

Georgia Bureau

of

Investigation; state

medical

examiner;

Medical

Examiner

Advisory Commission ..... HB 1323 65

Georgia

Crime

Information Center;

dissemination

of

records ................. HB 1204 65

Georgia Mutual Aid Act;

institutions within

the University System

of Georgia .............. SB 580 69

Highway safety rest

areas; jurisdiction of

Uniform Division of

Department of Public

Safety . . . . . . . . . . . . . . . . . . HB 1435 65

Indemnification of law

enforcement officers;

private employment ...... HB 1149 86

Narcotics

agents;

membership in Peace

Officers' Annuity and

Benefit Fund ............ SB 28 104

Search

wacrants;

grounds; application

of peace officers

employed

by

universities,

- 171 -

Bill

colleges, and schools ... SB 641 32

Sheriffs; jails; release

of prisoners ............ SB 561 76

Sheriffs;

license

pla.tes; use on law

enforcement vehicle or

sheriff's vehicle ....... HB 1798 71

Sheriff's sales; date ..... HB 1647 10

State employees; drug

testing . . . . . . . . . . . . . . . . . HB 1171 89

State medical examiner .... HB 1323 65

LEGISLATIVE COUNSEL-Publication of Georgia Laws . . . . . . . . . . . . . . . . . . . . HB 1446 51

LEGISLATIVE SERVICES COMMITTEE--
Meetings; approval of invoices . . . . . . . . . . . . . . . . HB 1309 51

LEMON LAW-Motor Vehicle Warranty Rights Act; enacted ..... HB 1555 12

LEVIES-Levies on land; delivery of notice ............... HB 1811 10

LICENSED PRACTICAL NURSES-Licensure; reciprocity with other states ....... HB 1563 80

LIQUEFIED PETROLEUM GAS--

Fee; one-time fee for

licensees

and

permittees for sale or

storage ................. HB 1644 10

Storage facilities ........ SB 529 10

LOCAL GOVERNMENT--

Annexation of territory

by municipalities ....... HB 1846 68

Boards of education;

vacancies; procedure

for filling ............. HB 704 36

Bonds; expenditure of

funds for other than

stated purpose .......... SB 554 69

Bonds;

Georgia

Allocation

System

amended ................. HB 1708 69

City

business

improvement districts;

funding supplemental

services ................ HB 1601 68

Code revision ............. HB 1278

1

Count5.es; ad valorem

taxes; millage rate

reports . . . . . . . . . . . . . . . . . HB 1540 107

Counties; billiard rooms .. SB 291 79

Counties;

training

seminar for county

clerks . . . . . . . . . . . . . . . . . . HB 1443 66

County children and

youth

commissions;

expenditure of county

taxes ................... HB 1508 109

County

courthouses;

demolition; referendum .. HB 1247 67

- 172 -

Bill Page

County property; sale or

grant to the state . . . . . . SB 687 67

Development Authorities

Law; disposition of

property of dissolved

development

authorities ............. HB 1548 69

Downtown

development

authorities;

qualifications

of

directors ............... SB 489 68

Eminent domain; sanitary

sewers .................. HB 1050 47

Ethics in Government

Act;

governmental

agencies prohibited

from making campaign

contributions ........... HB 1336 46

Excise tax on rooms,

lodging,

and

accommodations .......... HB 770 112

Fire

departments;

minimum standards for

organization ............ HB 620 48

Georgia

Allocation

System; amended ......... HB 1708 69

Georgia

County

Leadership

Act;

enacted . . . . . . . . . . . . . . . . . HB 1442 67

Georgia

Development

Impact

Fee Act;

enacted . . . . . . . . . . . . . . . . . HB 796 69

Georgia

Municipal

Training Act; enacted ... HB 1442 67

Georgia Mutual Aid Act;

public safety director

or chief of police of

any institution within

the University System

of Georgia authorized

to aid or request aid

from

local

law

enforcement agencies .... SB 580 69

Indictment of local

officials ............... SB 600 87

Multiyear installment

purchase contracts ...... HB 1207 68

Municipal corporations;

ordinances; contracts;

municipalities

of

400,000 or more ......... SB 706 67

Municipal

courts;

training of judges ...... HB 1294 68

Municipal

jails;

dispatchers; jailers .... HB 1728 77

Municipal property; sale

or grant to the state ... SB 687 67

Municipalities;

annexation .............. HB 1846 68

Municipalities;

effective date of laws

granting compensation

increases to municipal

officers and employees .. SB 364 1

Municipalities;

municipal

election

dates ................... SB 415 44

Real estate brokers;

occupational tax ........ HB 1608 111

Special

elections;

- 173 -

uniform dates ........... HB 1628 44

The Georgia Municipal

Courts

Training

Council Act; enacted .... HB 1294 68

Transportation

of

garbage and other

waste across county

lines . . . . . . . . . . . . . . . . . . . HB 1567 66

Veterans'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275 1

Violation of county

ordinances; penalties ... HB 1567 66

LUMBER--

Dimension

lumber;

grading ................. SB 665 4

Standing

timber;

taxation ................ HB 1539 107

Standing

timber;

taxation . . . . . . . . . . . . . . . . HB 1646 108

- M-

MAGISTRATE COURTS--

Discipline

of

magistrates ............. SB 634 24

Marriage

ceremonies;

retired magistrates

authorized to perform ... HB 1779 24

Post judgment

interrogatories ......... HB 1397 24

MAPS AND PLATS--

Boundaries; coordinate

system; expression of

distance in either

meters or feet .......... HB 1249 83

Recording ................. SB 735 22

State

property;

recording ............... SB 707 116

MARINE TOILETS-Requirements for certain lakes ................... HB 1807 15
Requirements for certain lakes ................... SB 490 118
Water quality standards for lakes ............... SB 714 15

MARRIAGE--

Retired

magistrates

authorized to perform

marriage ceremonies ..... HB 1779 24

MARRIAGE AND FAMILY THERAPISTS--
Taxation .................. HB 1298 108

MEDICAL ASSISTANCE, DEPARTMENT OF--
Drugs; sole supplier; drug application fee .... HB 577 112
Interest on orders and
judgments ............... HB 1541 112 Rules ..................... HB 1053 115

- 174 -

Bill

MEDICAL CONSENT-Intraductal injections .... SB 420 54

MEDICAL EXAMINER ADVISORY
COMMISSION-Creation .................. HB 1323 65

MEDICAL EXAMINERS-Expense of embalming . . . . . . SB 594 87

MEDICAL MALPRACTICE-Governor's Commission on Obstetrics; created ..... SB 553 9

MEDICARE SUPPLEMENT INSURANCE--
Minimum policy standards .. HB 1674 60

MENTAL HEALTH--

Emotionally disturbed

children; delivery of

social services ......... HB 560 113

Liability

insurance;

nonprofit

agencies

providing services to

the mentally retarded ... HB 1326 86

Veterans'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275 1

MERIT SYSTEM--

Applicants; drug testing .. HB 1263 89

Interdepartmental

transfers;

working

test periods ............ HB 1094 88

Sick leave ................ HB 1513 89

MILITARY, EMERGENCY

MANAGEMENT, AND VETERANS

AFFAIRS--

Disabled

veterans

license plates .......... SB 637 72

Emergency management,

rescue, or medical

service

personnel;

workers' compensation ... SB 728 61

Former Prisoners of War

Recognition Day . . . . . . . . . SB 663

1

Homestead exemption for

disabled veterans ....... HB 1493 108

Landlord and tenant;

military personnel ...... HB 1152 84

Pearl Harbor survivors;

motor vehicle license

plates .................. HB 1554 72

Purple Heart; motor

vehicle license plates .. HB 1232 72

Veterans'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275 1

Veterans Service Board;

location of meetings .... HB 1342 70

- 175 -

Bill Page

MINORS-Child labor; certain employment of minors authorized; lawn care ... SB 728 61 Georgia Gift to Minors Act; repealed ........... HB 256 83 Georgia Transfers to Minors Act; enacted ..... HB 256 83 Passengers in open beds
on pickup trucks on interstate highways ..... HB 1180 75

MOBILE HOMES-Ad valorem taxation; transporting without tax decal prohibited .... HB 1425 110

MORTGAGES, CONVEYANCES TO
SECURE DEBT, AND LIENS-Funding of real estate loans . . . . . . . . . . . . . . . . . . . HB 1597 85

MOTOR CARRIERS--

Authority of Public

Service Commission to

stop and inspect motor

common carriers, motor

contract carriers, and

private carriers ........ HB 1151 93

Automobile

carriers;

length .................. HB 1235 56

Georgia Forest Products

Trucking

Rules;

adoption . . . . . . . . . . . . . . . . HB 887 90

MOTOR VEHICLE LEMON LAW--

Dealer

repair

or

replacement

of

defective

motor

vehicles; arbitration ... HB 1555 12

MOTOR VEHICLE SAFETY

RESPONSIBILITY ACT--

Habitual

violators;

financial

responsibility .......... HB 1677 75

MOTOR VEHICLE WARRANTY

RIGHTS ACT--

Defective

motor

vehicles; repair or

replacement

by

dealers; arbitration .... HB 1555 12

MOTOR VEHICLES AND

TRAFFIC--

Accident reporting ........ HB 1295 75

Automobile

carriers;

length .................. HB 1235 56

Certificates of title ..... SB 450 71

Code revision ............. HB 1278 1

Counterfeit or false

proof of insurance

documents;

manufacture,

sale,

distribution,

or

possession; penalties ... SB 544 29

Criminal trespass by

motor

vehicle;

identification

of

- 176 -

Bill Page

parking areas ........... HB 1158 28

Damage to new vehicle;

disclosure .............. SB 450 71

Driver

improvement

programs ................ SB 433 59

Drivers'

licenses;

cancellation,

suspension,

and

revocation;

courts;

fees; identification

cards for persons

without

drivers'

licenses ................ SB 248 74

Drivers' licenses; delay

of

issuance

of

driver's license to

person under 16 years

of age for drug

offense or driving

under the influence ..... HB 1185 73

Drivers'

licenses;

driving under the

influence;

habitual

violators ............... HB 663 73

Drivers' licenses; DUI

alcohol or drug use

risk

reduction

programs; attendance

by persons 16 years of

age ..................... SB 204 31

Drivers'

licenses;

instructional permits ... HB 402 73

Drivers'

licenses;

issuance; suspension;

reinstatement; blood

and urine tests;

insurance . . . . . . . . . . . . . . . HB 1360 70

Drivers'

licenses;

reimbursement

for

commercial driver's

license fees paid by

public employees ........ HB 1595 86

Drivers'

licenses;

suspension

or

revocation of licenses

upon conviction of

possession of

a

controlled substance

or marijuana ............ HB 1200 74

Drivers'

licenses;

visual impairments ...... SB 448 74

Driving

under the

influence; marijuana

or

controlled

substances; penalties ... HB 1360 70

Driving under

the

influence of alcohol

or drugs; drivers'

licenses ................ HB 663 73

DUI alcohol or drug use

risk

reduction

programs . . . . . . . . . . . . . . . . HB 663 73

Failure to

report

accidents; penalties .... HB 1295 75

Fleeing or attempting to

elude

a

police

officer; speeding or

leaving the state ....... SB 642 75

Funerals;

law

enforcement officers;

- 177 -

Bill

immunity

from

liability ............... HB 1246 86

Georgia Forest Products

Trucking

Rules;

adoption

and

promulgation ............ HB 887 90

Georgia Motor Vehicle

Franchise Practices

Act; amended ............ HB 1186 11

Habitual

violators;

driving under the

influence ............... HB 663 73

Habitual

violators;

financial

responsibility .......... HB 1677 75

Insurance; assigned risk

plans . . . . . . . . . . . . . . . . . . . HB 1196 75

Insurance; notice of

cancellation ............ HB 255 59

Insurance; reduction in

premiums;

driver

improvement clinics ..... SB 433 59

Lemon law; dealer repair

or replacement of

defective

motor

vehicles; arbitration ... HB 1555 12

Length

restrictions;

automobile carriers ..... HB 1235 56

License fees and plates ... HB 1622 72

License plates; disabled

veterans

license

plates .................. SB 637 72

License plates for

veterans who have been

awarded the Purple

Heart ................... HB 1232 72

License plates; Justices

of the Supreme Court

and Judges of the

Court of Appeals ........ HB 1665 72

License plates; Pearl

Harbor survivors ........ HB 1554 72

License

plates;

quarterly installment

purchase authorized

where fee exceeds

$ 40 . 0 0 .................. HB 1798 7 1

License

plates;

sheriffs; use on law

enforcement vehicle or

sheriff's vehicle ....... HB 1798 71

Motor Vehicle Warranty

Rights Act; repair or

replacement

of

defective

motor

vehicle by dealer;

arbitration ............. HB 1555 12

Motorized

carts;

licensing

and

registration ............ HB 402 73

Pickup

trucks;

passengers in open

beds on interstate

highways ................ HB 1180 75

Public officers and

employees;

reimbursement

of

commercial driver's

license fees to ......... HB 1595 86

Registration

and

- 178 -

Bill

licensing of vehicles ... HB 1360 70

Registration

and

licensing of vehicles ... HB 1622 72

Registration

and

licensing of vehicles;

sale of license plates

prohibited; use of

expired

prestige

license

plates

authorized .............. SB 450 71

Revision of Chapters 1,

2, 3, 5, and 6 of

Title 40 . . . . . . . . . . . . . . . . HB 1360 70

Safety belts; "passenger

vehicle" defined ........ HB 1180 75

Towing of vehicles from

private property . . . . . . . . SB 450 71

Uniform Rules of the

Road; accidents on

private

property;

insurance ............... HB 1360 70

Used Car

Dealers'

Registration

Act;

membership

and

termination date of

State

Board

of

Registration of Used

Car Dealers ............. HB 1389 82

Veterans'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275 1

MUNICIPAL CORPORATIONS--

Annexation . . . . . . . . . . . . . . . . HB 1846 68

Billiard

rooms;

taxation, licensing,

and regulation .......... SB 291 79

Bonds; expenditure of

funds for other than

stated purpose .......... SB 554 69

Bonds;

Georgia

Allocation System . . . . . . . HB 1708 69

Chief deputy registrars

who are elected public

officers authorized to

qualify for reelection .. HB 346 42

City

business

improvement districts;

funding supplemental

services ................ HB 1601 68

Compensation increases

for officers and

employees; effective

date of laws ............ SB 364

1

Detention facilities;

safety and security;

dispatchers; jailers .... HB 1728 77

Development impact fees;

authorized .............. HB 796 69

Downtown

development

authorities;

qualifications

of

directors ............... SB 489 68

Dwellings,

buildings,

and structures unfit

for habitation; place

of hearing .............. HB 1570 76

Elections; dates .......... SB 415 44

- 179 -

Bill

Elections; registration;

absentee

ballots;

voter lists used for

commercial purposes ..... HB 1172 43

Elections

see also

"Elections"

Eminent domain; sanitary

sewage systems .......... HB 1050 47

Ethics in Government

Act;

governmental

agencies, departments,

and

political

subdivisions

prohibited from making

campaign contributions .. HB 1336 46

Georgia

Municipal

Training Act; enacted ... HB 1442 67

Indictment of municipal

officers ................ SB 600 87

Land bank authorities;

composition; powers

and duties .............. HB 1620 106

Local excise taxes on

rooms, lodgings, and

accommodations;

expenditures; rates ..... HB 770 112

Multiyear installment

purchase contracts ...... HB 1207 68

Municipal

courts;

training of judges ...... HB 1294 68

Occupational

taxes;

authority to tax real

estate brokers .......... HB 1608 111

Occupational

taxes;

marriage and family

therapists .............. HB 1298 108

Officers and employees;

compensation

increases; effective

date .................... SB 364

1

Ordinances; contracts;

municipalities

of

400,000 or more ......... SB 706 67

Property; sale or grant

to the state ............ SB 687 67

Special elections; dates .. HB 1628 44

Special primaries and

elections; dates ........ HB 1167 42

Standard Fire Prevention

Code

(SBCCI);

state-wide application .. HB 1680

8

Training of elected

officials ............... HB 1442 67

MUNICIPAL COURTS--

The Georgia Municipal

Courts

Training

Council Act; enacted .... HB 1294 68

- N-

NATURAL RESOURCES,

DEPARTMENT OF--

Georgia

Radiation

Control Act; powers

and duties .............. HB 947 55

Georgia State Games

Commission .............. SB 568 115

See also "Conservation

and

Natural

- 180 -

Resources 11 ; "Game and
Fish"; and "Waters of the State, Ports, and Watercraft"

Bill

Page

NEWSPAPERS--

Evidence;

qualified

privilege for persons

engaged in

news

gathering

and

dissemination . . . . . . . . . . . SB 636 47

NONPROFIT AGENCIES--

Liability

insurance;

coverage provided for

nonprofit

agencies

providing services for

the mentally retarded ... HB 1326 86

NONPUBLIC POSTSECONDARY
EDUCATION COMMISSION-Created ................... HB 1254 41

NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS
ACT OF 1990-Enacted ................... HB 1254 41

NORTH GEORGIA COLLEGE-Military scholarships; selection ............... HB 1854 1

NUISANCES-Dwellings, buildings, and structures unfit
for habitation; place of hearing . . . . . . . . . . . . . . HB 1570 76

NURSES--

Education; assistance;

hospital authorities .... SB 229 53

Georgia

Registered

Professional

Nurse

Practice Act; amended ... HB 1250 80

NURSING HOMES--

Continuing

care

providers; regulation

by

the

Insurance

Department .............. HB 1137 61

- 0-

OCCUPATIONAL LICENSES--

Suspension or revocation

of state licenses for

offenses

involving

controlled substances

or marijuana ............ SB 503 32

See also "Professions

and Businesses" and

"Revenue and Taxation"

OCMULGEE JUDICIAL
CIRCUIT-Additional judge .......... SB 548 22
Additional judge .......... HB 1523 20

- 181 -

Bill

OFFICE OF FAIR EMPLOYMENT

PRACTICES--

Fair

housing

and

discriminatory

practices relating to

housing transactions .... HB 1202 9

OPTICIANS--

State

Board

of

Dispensing Opticians;

termination date ........ SB 573 81

- p-

PAROLE--

Consideration of parole;

notice to victim;

opportunity

for

statement ............... HB 1549 78

PEACE OFFICERS' ANNUITY

AND BENEFIT FUND--

Benefits in the event of

death of a spouse

under an option ......... HB 115 104

Eligibility

for

disability benefits;

retirement

benefit

options ................. HB 44 105

Membership of certain

employees

of

Department of Human

Resources and Georgia

Bureau

of

Investigation ........... SB 28 104

PEARL HARBOR SURVIVORS-Motor vehicle license plates .................. HB 1554 72

PENAL INSTITUTIONS--

Code revision ............. HB 1278 1

Construction

and

regulation;

architectural

and

engineering services;

sanitation and health

requirements ............ HB 1163 76

Jails;

release

of

prisoners prior to

completion of sentence .. SB 561 76

Juvenlles; custody by

Department

of

Corrections ............. SB 484 24

Municipal

detention

facilities; safety and

security; dispatchers;

jailers ................. HB 1728 77

Parole; consideration;

notice to victim;

opportunity

for

statement ............... HB 1549 78

Probation; court ordered

fines,

costs,

or

restitution; use of

civil remedies to

collect ................. HB 1440 78

Probation;

fines as

condition; amount ....... SB 454 33

Probation

of

first

- 182 -

Bill

offenders; altering,

expunging,

or

destroying criminal

~ecords; release or

disclosure of records ... HB 1184 77

Sexual assault against

persons in custody ...... SB 602 28

Transmittal

of

information

on

convicted persons ....... SB 354 77

PERPETUITIES-Uniform Statutory Rule
Against Perpetuities; enacted ................. HB 1349 84

PESTICIDES--

Pesticide contractors;

licenses;

crop

dusters; agricultural

acplications ............ HB 552 2

Pesticide residue in

food .................... SB 516 49

PETROLEUM--

Diesel fuel; aboveground

storage tanks ........... SB 716 48

Liquified petroleum gas;

iicensees

or

permittees; fees ........ HB 1644 10

Liquified petroleum gas;

storage facilities ...... SB 529 10

PHARMACISTS--

Workers' compensation;

out-of-state

mail

order pharmacies ........ HB 686 63

PHYSICIANS, PHYSICIAN'S

ASSISTANTS, AND

RESPIRATORY CARE--

Continuing education for

licensees ............... HB 702 81

Disclosures to patients;

intraductal injections .. SB 420 54

Hospital

staff

p~ivileges; reports of

disciplinary actions .... SB 333 53

Sterilization

procedures; consent of

~pouse .................. SB 552 55

PICKUP TRUCKS-Passengers in open beds on interstate highways .. HB 1180 75

PISTOLS--

Legal hunting weapons ..... HB 1412 50

Licenses;

persons

convicted of drug

offenses ................ SB 512 29

Licenses to carry; fees ... HB 1445 30

Possession of firearms;

exemptions;

United

States Attorneys ........ SB 20 30

POST-MORTEM EXAMINATIONS--

Expense of embalming ...... SB 594 87

Georgia

Coroner's

Training

Council;

- 183 -

Bill

quorum .................. SB 593 88

Georcia

Coroner's

Treiining

Council;

terms of office ......... SB 595 87

Georgia

Death

Investigation

Act;

enacted . . . . . . . . . . . . . . . . . HB 1323 65

POSTSECONDARY EDUCATIONAL
AUTHORIZATION ACT OF 1978-Repealed . . . . . . . . . . . . . . . . . . HB 1254 41

POWER OF ATTORNEY--

Durable

Power

of

Attorney for Health

Care Act; enacted . . . . . . . HB 999 55

PRINTING-Fine art .................. SB 457 11

PRISONS-See "Penal Institutions"

PROBATE COURTS--

Annual

returns of

fiduciaries

administering estates ... HB 1392 119

Chief clerk; duties

during vacancy in the

office of judge ......... SB 449 23

Guardian and ward;

probate

court

authorized to approve

structured settlements .. HB 1390 51

Jury trials; contempt ..... SB 472 23

Training of judges;

retirement .............. SB 445 23

PROBATION--

Court ordered fines,

costs,

or

restitutions; use of

civil remedies to

collect ................. HB 1440 78

Fines as condition to

probation; amount ....... SB 454 33

Probation of first

offenders; altering,

expunging,

or

destroying criminal

records; release or

disclosure of records ... HB 1184 77

PROFESSIONAL COUNSELORS-Reciprocity; licensure; social workers .......... SB 668 79

PROFESSIONAL ENGINEERS--

Workers' compensation;

exemption

from

third-party actions ..... HB 319 62

PROFESSIONS AND

BUSINESSES--

Architects; examinations .. SB 230 78

Auctioneers;

Georgia

Auctioneers

Commission;

terms;

reports; termination

date .................... SB 574 79

- 184 -

Bill

Billiard

rooms;

operation; taxation;

licensing; regulation ... SB 291 79

Bingo: licensing .......... SB 566 31

Code revision ............. HB 1278

1

Composite State Board of

Medical

Examiners;

composition ............. HB 1854

1

Drugs; suspension or

revocation of state

licenses for offenses

involving controlled

substances

or

marijuana ............... SB 503 32

Funeral

directors,

embalmers,

and

operators of funeral

establishments;

general provisions;

Sta.te Board of Funeral

Service;

licenses;

operation of funeral

establishments .......... HB 1790 80

Georgia Composite Board

of

Professional

Counselors,

Social

Workers, and Marriage

and Family Therapists;

termination date ........ SB 572 79

Georgia Hearing Aid

Dealers and Dispensers

Act; State Board of

Hearing Aid Dealers

and

Dispensers;

termination date ........ HB 1433 80

Georgia

Registered

Professional

Nurse

Practice Act; amended ... HB 1250 80

Licensed

Practical

Nurses;

1 icensure;

reciprocity with other

states . . . . . . . . . . . . . . . . . . HB 1563 80

Licenses; suspension or

revocation of state

licenses for offenses

involving controlled

substances

or

marijuana ............... SB 503 32

Marriage and family

therapists; taxation .... HB 1298 108

Medicare

supplement

insurance;

minimum

policy standards ........ HB 1674 60

Nurses;

education;

assistance .............. SB 229 53

Nurses;

Georgia

Registered

Professional

Nurse

Practice Act ............ HB 1250 80

Pharmacists;

workers'

compensation;

out-of-state

mail

order pharmacies ........ HB 686 63

Physicians; Governor's

Commission

on

Obstetrics; creation .... SB 553 9

Physicians;

hospital

staff privileges ........ SB 333 53

Physicians; intraductal

injections .............. SB 420 54

- 185 -

Bill Page

Physicians, physician's

assistants,

and

respiratory

care;

continuing education

for licensees ........... HB 702 81

Professional counselors;

reciprocity;

licensure;

social

workers ................. SB 668 79

Real Estate Appraiser

Licensing

and

Certification

Act;

enacted ................. SB 250 81

Real estate brokers;

occupational tax ........ HB 1608 111

Real estate brokers and

salespersons; Georgia

Real

Estate

Commission; cease and

desist orders ........... HB 1679 81

Real estate brokers and

salespersons;

sanctions

for

discriminatory

practices ............... HB 1679 81

Real estate brokers and

salespersons;

violations; payment of

commission

to

unlicensed persons ...... HB 1679 81

State

Board

of

Dispensing Opticians;

termination date ........ SB 573 81

State

Board

of

Recreation Examiners;

termination date ........ HB 1408 82

State

Board

of

Registration

for

Professional Engineers

and Land Surveyors;

membership;

registration of land

surveying

firms,

corporations,

and

other entities; seals ... SB 681 80

State

Board

of

Registration for Used

Motor

Vehicle

Dismantlers,

Rebuilders,

and

Salvage

Dealers;

termination date ........ HB 1296 82

State

Board

of

Registration of Used

Car

Dealers;

membership .............. HB 1854

1

State examining boards;

confidentiality

of

examination questions;

subpoena powers; cease

and desist orders ....... SB 588 78

Used car

dealers;

defined ................. HB 1568 82

Used

Car Dealers'

Registration

Act;

membership

and

termination date of

State

Board

of

Registration of Used

Car Dealers ............. HB 1389 82

- 186 -

Bill

Veterans' Administration; change of name to United States Department of Veterans Affairs ........ HB 1275 1

PROPERTY--

Boundaries; coordinate

system; expression of

distance in either

meters or feet .......... HB 1249 83

Code revision ............. HB 1278 1

Condominiums; Georgia

Condominium Act ......... HB 502 82

Coordinates; expression

of

distances

authorized in either

meters or feet .......... HB 1249 83

Covenants running with

the land; extension ..... HB 1553 83

Criminal trespass by

motor

vehicle;

identification

of

parking areas ........... HB 1158 28

Disposition of Unclaimed

Property Act; revision .. SB 746 84

Fair housing .............. HB 1202 9

Fair housing .............. HB 1679 81

Gambling; forfeiture of

property . . . . . . . . . . . . . . . . HB 1154 30

Georgia Gift to Minors

Act; repealed ........... HB 256 83

Georgia Land Sales Act;

enacted . . . . . . . . . . . . . . . . . HB 1333 82

Georgia Real Estate

Commission; regulation

of sales of subdivided

land . . . . . . . . . . . . . . . . . . . . HB 1333 82

Georoia Transfers to

Minors Act; enacted ..... HB 256 83

Landlord and tenant;

dwellings unfit for

habitation; hearings .... HB 1570 76

Landlord and tenant;

military personnel ...... HB 1152 84

Landlord and tenant;

smoke detectors ......... SB 711 48

Land111a.rk

historic

property; ad valorem

taxation ................ HB 1578 107

Levies on land; delivery

of notice ............... HB 1811 10

Minors; Georgia Gift to

Minors Act; repealed .... HB 256 83

Minors;

Georgia

Transfers to Minors

Act; enacted ............ HB 256 83

Mortgages, conveyances

to secure debt, and

liens; funding of loan

proceeds

and

disbursement of funds

held in escrow; unfair

and

deceptive

practices ............... HB 1597 85

Property covered by

mortgage or bill of

sale to secure debt;

public utilities ........ HB 1282 85

Real estate appraisers;

- 187 -

Bill

reaulation

and

li~ensing . . . . . . . . . . . . . . . SB 250 81

Real estate brokers and

salespersons;

sanctions

for

discriminatory

practices . . . . . . . . . . . . . . . HB 1679 81

Recordation of maps and

plats;

subdivision

plats; transfer, sale,

and offering for sale

of land . . . . . . . . . . . . . . . . . SB 735 22

Rule

against

perpetuities; Uniform

Statutory Rule Against

Perpetuities; enacted ... HB 1349 84

Smoke detectors required

in certain buildings .... SB 711 48

State

property;

recordation

of

acquisition

and

disposition

instruments and plats ... SB 707 116

Subdivided land; sales .... HB 1333 82

Time-shares;

Georgia

Time-share Act .......... HB 502 82

Uniform Management of

Institutional Funds

Act; expenditure of

certain

net

appreciation

of

endowment fund assets

authorized; standard

of care for governing

board . . . . . . . . . . . . . . . . . . . SB 632 85

Uniform Statutory Rule

Against Perpetuities;

enacted . . . . . . . . . . . . . . . . . HB 1349 84

PROSECUTING ATTORNEY--

Defined . . . . . . . . . . . . . . . . . . . HB 251 27

See

also

"District

Attorneys"

PUBLIC OFFICERS

AND EMPLOYEES--

Applicants for state

employment;

drug

testing . . . . . . . . . . . . . . . . . HB 1263 89

Code revision ............. HB 1278

1

Coroners; expense of

embalming ............... SB 594 87

Coroners; Georgia Death

Investigation

Act;

ena.cted . . . . . . . . . . . . . . . . . HB 1323 65

Coroners; training ........ SB 593 88

Coroners; training ........ SB 595 87

Drug-free Public Work

Force Act of 1990;

enacted . . . . . . . . . . . . . . . . . SB 500 90

Drug testing of certain

state employees ......... HB 1171 89

Emergency

medical

technicians;

indemnification ......... HB 1630 86

Employee benefit plan

council;

schoolteachers

and

public

school

employees;

- 188 -

Bill Page

participation . . . . . . . . . . . HB 452 88

Expenses; reimbursement

for

commercial

driver's license fees

paid

by

public

employees ............... HB 1595 86

Firemen; indemnification .. HB 1630 86

Georgia

Agricultural

Exposition Authority;

members' compensation ... HB 1374 14

Georgia

Coroner's

Training

Council;

quorum .................. SB 593 88

Georgia

Coroner's

Training

Council;

terms of office ......... SB 595 87

Health

insurance;

schedule of maximum

fees for hospitals,

pharmacists,

and

practitioners of the

healing arts ............ SB 447 39

Indictment of county and

municipal officers ...... SB 600 87

Insurance for certain

persons authorized by

nonprofit agencies to

operate vehicles ........ SB 567 57

Interdepartmental

transfers;

working

test periods ............ HB 1094 88

Joint Board of Family

Practice;

expense

allowance and travel

cost reimbursement ...... HB 1272 114

Law

enforcement

officers;

indemnification;

private employment ...... HB 1149 86

Liability

insurance;

coverage extended to

nonprofit

~gencies

providing services to

the mentally retarded ... HB 1326 86

Local

boards

of

education; vacancies .... HB 704 36

Medical

examiner;

expense of embalming .... SB 594 87

Medical

Examiner

Advisory Commission ..... HB 1323 65

Municipal officers and

employees;

compensation

increases; effective

date .................... SB 364 1

Recall;

legal

sufficiency

of

petitions;

judicial

review .................. SB 486 44

Retirement and pensions;

drug related crimes;

forfeiture of rights

and benefits ............ HB 1145 93

Secretary of State;

membership

on

authorities ............. SB 460 2

Secretary of State;

publication of Georgia

Laws; distribution of

House and Senate

- 189 -

Bill

journals ................ HB 1446 51

State employees; health

care or dependent care

spending

accounts;

deductions .............. SB 417 88

State medical examiner .... HB 1323 65

State Merit System of

Personnel

Administration; drug

testing of applicants ... HB 1263 89

State Merit System of

Personnel

Administration;

interdepartmental

transfers;

working

test periods ............ HB 1094 88

State Merit System of

Personnel

Administration; sick

leave ................... HB 1513 89

Suggestions; awards to

employees ............... HB 516 90

PUBLIC RECORDS--

Georgia

Crime

Information Center ...... HB 1204 65

Inspection;

computer

programs and software ... SB 699 116

PUBLIC RETIREMENT SYSTEMS-Drugs; forfeiture of rights and benefits upon conviction of drug related crime ...... HB 1145 93
See also "Retirement and Pensions"

PUBLIC RETIREMENT SYSTEMS STANDARDS LAW--
Definitions; actuarial investigations .......... HB 1415 105

PUBLIC SCHOOLS-See "Education"

PUBLIC SERVICE COMMISSION--

See "Public Utilities

and

Public

Tra.nsportation"

PUBLIC UTILITIES AND

PUBLIC TRANSPORTATION--

Blasting and excavating

nea.r gas pipes and

underground facilities .. HB 1651 48

Code revision ............. HB 1278 1

Electric

membership

corporations;

after-acquired

property; encumbrance ... HB 1282 85

Emergency

Telephone

System

Fund;

establishment by local

governments with "911"

systems ................. HB 1422 92

Facsimile

messages;

unsolicited commercial

messages prohibited ..... HB 1181 91

Georgia

Emergency

Telephone Number "911"

- 190 -

Bill Page

Service Act of 1977

local

governments

monthly

fees

indemnification;

ultimate

responsibility

to

service suppliers ....... HB 1422 92

Georgia Forest Products

Trucking

Rules;

adoption

and

promulgation by the

Public

Service

Commission . . . . . . . . . . . . . . HB 887 90

Georgia Rail Passenger

Authority; composition .. HB 1854 1

Liquefied petroleum gas;

storage facilities ...... SB 529 10

Public

Service

Commission; authority

to stop and inspect

motor common carriers,

motor

contract

carriers, and private

carriers . . . . . . . . . . . . . . . . HB 1151 93

Public

Service

Commission;

jurisdiction;

enforcement

of

prohibition

of

unsolicited commercial

facsimile messages ...... HB 1181 91

Public

Service

Commission; rapid rail

passenger

service

lines . . . . . . . . . . . . . . . . . . . HB 1763 91

Tax executions by local

tax

officials;

exceptions; inspection

of records .............. HB 1480 106

Telephone

service;

county-wide

local

calling ................. SB 524 91

Telephone systems for

physically impaired;

state-wide dual party

telephone relay system

created . . . . . . . . . . . . . . . . . SB 591 92

PURPLE HEART-Motor vehicle license plates .................. HB 1232 72

- Q-
QUALITY BASIC EDUCATION ACT-See "Education"

- R-

RADIATION--

Georgia

Radiation

Control Act; amended .... HB 947 55

RADIO--

Evidence;

qualified

privilege for persons

engaged

in news

gathering

and

dissemination ........... SB 636 47

- 191 -

Bill Page

RAILROADS--

Tax

executions;

exceptions .............. HB 1480 106

RAPID RAIL PASSENGER

SERVICE LINES--

Public

Service

Commission .............. HB 1763 91

REAL ESTATE--

See "Buildings and

Housing"

and

"Property"

REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT--
Enacted . . . . . . . . . . . . . . . . . . . SB 250 81

REAL ESTATE BROKERS-Occupational tax .......... HB 1608 111

REAL ESTATE BROKERS AND

SALESPERSONS--

Sanctions

for

discriminatory

practices ............... HB 1679 81

RECALL ACT OF 1989--

Legal sufficiency of

petition;

judicial

review .................. SB 486 44

RECORDS--

Georgia

Crime

Information Center . . . . . . HB 1204 65

Inspection;

computer

programs and software ... SB 699 116

RECREATION EXAMINERS--

State

Board

of

Recreation Examiners;

termination date ........ HB 1408 82

REGENTS RETIREMENT

PLAN ACT--

Board

of

Regents

authorized

to

establish an optional

retirement plan for

certain employees of

the University System

of Georgia .............. HB 639 105

REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES
ACT-Enacted . . . . . . . . . . . . . . . . . . . SB 533 17

RETIREMENT AND PENSIONS--

Appellate court judges;

mandatory retirement

age ..................... HB 1633 96

Benefits; increase to

offset taxation of

benefits authorized ..... HB 738 94

Crimes; persons causing

death of

member

disqualified

from

receiving benefit or

- 192 -

Bill

refund

of

contributions ........... HB 764 93

District

attorneys

emeritus;

minimum

state salary . . . . . . . . . . . . HB 230 102

District

Attorneys'

Retirement

Act;

membership; benefits .... SB 72 102

District

Attorneys

Retirement Fund of

Georgia;

district

attorneys emeritus;

practice of law ......... SB 640 102

District

Attorneys'

Retirement

System;

transfer of membership

to

Employees'

Retirement System of

Georgia . . . . . . . . . . . . . . . . . HB 752 103

Drug related crime;

forfeiture of rights

and benefits upon

conviction .............. HB 1145 93

Employees'

Retirement

System of Georgia;

appellate

court

judges;

mandatory

retirement age .......... HB 1633 96

Employees' Retirement

System of Georgia;

creditable service for

certain

military

service authorized ...... HB 695 94

Employees' Retirement

System of Georgia;

creditable service for

certain

teaching

service . . . . . . . . . . . . . . . . . HB 156 95

Employees'

Retirement

System of Georgia;

creditable service for

employees of certain

county departments of

family and children

services ................ HB 539 97

Employees'

Retirement

System of Georgia;

creditable service for

forfeited annual and

sick leave .............. SB 10 97

Employees'

Retirement

System of Georgia;

creditable service for

military

service;

World War II ............ HB 46 94

Employees'

Retirement

System of Georgia;

employees of Georgia

Federal-State Shipping

Point

Inspection

Service; creditable

service ................. SB 312 97

Employees'

Retirement

System of Georgia;

group

term life

insurance coverage for

members and former

members of the General

Assembly authorized ..... HB 754 95

Employees'

Retirement

- 193 -

Bill

System of Georgia;

membership; employee

contributions;

judicial employees ...... HB 436 95

Employees'

Retirement

System of Georgia;

membership

of

employees of the

Georgia

Public

Telecommunications

Commission .............. HB 1313 42

Employees'

Retirement

System of Georgia;

membership; judicial

employees ............... HB 1088 96

Employees'

Retirement

System of Georgia;

membership of officers

and employees of the

Georgia

Hazardous

Waste

Management

Authority . . . . . . . . . . . . . . . HB 769 96

Employees'

Retirement

System of Georgia;

restoration to service

of

disability

beneficiary ............. HB 761 95

Employees'

Retirement

System of Georgia;

retirement allowances

revised; contributions .. HB 1095 97

Employees'

Retirement

System of Georgia;

survivors benefits and

group

term life

insurance for members,

former members, or

retired members ......... HB 754 95

Employees'

Retirement

System of Georgia; tax

commissioners,

tax

collectors,

tax

receivers,

and

employees; eligibility

for membership .......... HB 769 96

Employees'

Retirement

System of Georgia;

transfer of membership

from

District

Attorneys' Retirement

System . . . . . . . . . . . . . . . . . . HB 752 103

Garnishment; pension or

retirement benefits ..... HB 1098 33

General

provisions;

persons causing death

of member disqualified

from receiving benefit

or

refund

of

contributions ........... HB 764 93

Georgia

Firemen's

Pension Fund; benefits .. SB 162 100

Georgia

Legislative

Retirement

System;

creditable service for

past service as member

of

the

General

Assembly ................ HB 1114 99

Georgia

Legislative

Retirement

System;

retirement allowance .... HB 198 100

- 194 -

Bill Page

Georgia

Municipal

Employees

Benefit

System; name change;

investments ............. HB 1639 93

Georgia

Public

Telecommunications

Commission; membership

of employees

in

Employees' Retirement

System of Georgia and

Teachers Retirement

System of Georgia ....... HB 1313 42

Joint

Municipal

Employees

Benefit

System; name change;

investment of funds ..... HB 1639 93

Judges of the Probate

Courts Retirement Fund

of Georgia; creditable

service ................. SB 445 23

Judges of the Probate

Courts Retirement Fund

of

Georgia;

secretary-treasurer;

dues and benefits ....... SB 58 102

Peace Officers' Annuity

and Benefit Fund;

benefits in the event

of death of a spouse

under an option . . . . . . . . . HB 115 104

Peace Officers' Annuity

and Benefit Fund;

membership of certain

employees

of

Department of Human

Resources and Georgia

Bureau

of

Investigation ........... SB 28 104

Peace Officers' Annuity

and Benefit Fund;

retirement

benefit

options; disability

benefits . . . . . . . . . . . . . . . . HB 44 105

Public

Retirement

Systems Standards Law;

definitions; actuarial

investigations .......... HB 1415 105

Regents Retirement Plan

Act; Board of Regents

authorized

to

establish an optional

retirement plan for

certain employees of

the University System

of Georgia .............. HB 639 105

Sheriffs'

Retirement

Fund of Georgia;

benefits ................ SB 121 104

Sheriffs'

Retirement

Fund of Georgia;

membership;

prior

service; dues ........... SB 455 103

Superior Court Clerks'

Retirement Fund of

Georgia; benefits ....... HB 1035 104

Superior Court Judges

Retirement

System;

creditable service as

a state court judge ..... HB 441 100

Superior Court Judges

- 195 -

Bill Page

Retirement

System;

mandatory retirement

ag9 . . . . . . . . . . . . . . . . . . . . . HB 1632 101

Superior Court Judges

Retirement

System;

mandatory retirement

age ..................... SB 76 101

Superior Court Judges

Retirement

System;

membership . . . . . . . . . . . . . . SB 79 100

Superior Court Judges

Retirement

System;

transfer of membership

to the

District

Attorneys' Retirement

System . . . . . . . . . . . . . . . . . . SB 72 102

Taxation of benefits;

increase in benefits

to offset taxation

authorized . . . . . . . . . . . . . . HB 738 94

Teachers

Retirement

System of Georgia;

certain employees of

the University System

of Georgia authorized

to decline or withdraw

membership .............. HB 639 105

Teachers

Retirement

System of Georgia;

creditable service ...... HB 458 98

Teachers

Retirement

System of Georgia;

creditable service;

pregnancy . . . . . . . . . . . . . . . HB 273 99

Teachers

Retirement

System of Georgia;

creditable service for

visiting scholar at a

public college or

university .............. HB 109 99

Teachers

Retirement

System of Georgia;

income

taxes;

contributions to the

system . . . . . . . . . . . . . . . . . . HB 1711 110

Teachers

Retirement

System of Georgia;

membership

of

employees

of

the

Georgia

Public

Telecommunications

Commission .............. HB 1313 42

Teachers

Retirement

System of Georgia;

reestablishment

of

creditable service ...... HB 964 98

Teachers

Retirement

System of Georgia; tax

treatment of employee

contributions;

ma.ndatory retirement

age;

title

of

executive

secretary-treasurer

changed to executive

director ................ HB 1560 98

Teachers

Retirement

System of Georgia;

transfer of membership

from local retirement

- 196 -

Bill Page

fund;

refunds;

creditable service;

school systems of

counties of 550,000 or

more .................... HB 623 98

Trial

Judges

and

Solicitors Retirement

Fund; employer and

employee

contributions;

benefits ................ SB 71 101

Trial

Judges

and

Solicitors Retirement

Fund;

mandatory

retirement age .......... HB 1635 102

Trial

Judges

and

Solicitors Retirement

Fund; membership ........ SB 79 100

REVENUE AND TAXATION--

Ad Valorem Assessment

Review

Commission;

membership .............. HB 1206 109

Ad

valorem taxes;

alternative date for

interest on taxes due ... HB 776 108

Ad valorem

taxes;

counties;

reports

showing millage rate

and assessed value

required ................ HB 1540 107

Ad valorem taxes; county

board

of

tax

assessors; expenses of

discovering unreturned

properties; assistance

by boards of education .. HB 1177 109

Ad valorem taxes; county

boards

of

equalization;

taxpayer's appeals ...... HB 1660 109

Ad

valorem taxes;

disabled

veterans;

homestead exemption ..... HB 1493 108

Ad valorem

taxes;

landmark

historic

property ................ HB 1578 107

Ad

valorem taxes;

preferential

assessment of tangible

real property devoted

to

agricultural

purposes; filing date

changed . . . . . . . . . . . . . . . . . HB 1335 107

Ad valorem

taxes;

standing timber ......... HB 1539 107

Ad

valorem taxes;

standing timber ......... HB 1646 108

Agriculture;

preferential

assessment of tangible

real property devoted

to

agricultural

purposes; filing date

changed . . . . . . . . . . . . . . . . . HB 1335 107

Code revision ............. HB 1278 1

Controlled substances;

taxation ................ HB 164 112

County board of tax

assessors; expenses of

- 197 -

Bill

discovering unreturned

properties; assistance

by boards of education .. HB 1177 109

County

boards

of

equalization;

taxpayer's appeals ...... HB 1660 109

County taxes; county

children and youth

commissions; purpose

of taxation ............. HB 1508 109

Definition of Internal

Revenue Code ............ HB 1614 106

Drugs;

jeopardy

assessment of taxes in

cases

involving

possession, sale, or

distribution

of

illegal drugs ........... HB 1252 106

Executions;

public

utilities; exceptions;

inspection of records ... HB 1480 106

Executions; records ....... HB 1298 108

Foreign

governments;

motor fuel taxes ........ HB 1612 111

Homestead exemption for

disabled veterans ....... HB 1493 108

Income taxes; Internal

Revenue

Code;

definition .............. HB 1614 106

Income taxes; taxable

net

income;

contributions

to

Teachers Retirement

System of Georgia ....... HB 1711 110

Intangible

taxes;

exemption for stock

held in

certain

foreign corporations .... HB 1623 110

Intangible taxes; rates;

referendum .............. HB 1381 110

Judicial

sales of

personal

property;

location . . . . . . . . . . . . . . . . HB 1620 106

Land bank authorities;

composition;

powers

and duties .............. HB 1620 106

Landmark

historic

property; taxation ...... HB 1578 107

Local excise taxation on

rooms, lodgings, and

accommodations;

expenditures; rates ..... HB 770 112

Mari3uana; taxation ....... HB 164 112

Marriage and family

therapists;

social

workers

and

professional

counselors .............. HB 1298 108

Mobile

homes;

transporting without

tax decal prohibited .... HB 1425 110

Motor fuel tax; bonds;

irrevocable letter of

credit; reports ......... HB 1612 111

Motor fuel tax; refunds

to

foreign

governments; waiver of

taxes; agreements with

other states ............ HB 1612 111

Motor vehicle license

- 198 -

Bill Page

fees and plates ......... HB 1622 72

Motor vehicle tax;

penalty for failure to

pay . . . . . . . . . . . . . . . . . . . . . HB 1360 70

Real estate brokers;

authority of counties

and municipalities to

levy occupational tax ... HB 1608 111

Sales and use tax;

special county sales

and use tax; records .... HB 1444 111

Sales and use tax;

tangible

personal

property sold at

retail outside this

state for use within

this state .............. HB 442 110

Special county sales and

use tax; records ........ HB 1444 111

Specific, business, or

occupation

taxes;

marriage and family

therapists .............. HB 1298 108

Standing

timber;

assessment

and

taxation . . . . . . . . . . . . . . . . HB 1539 107

Standing

timber;

assessment

and

taxation . . . . . . . . . . . . . . . . HB 1646 108

Tax collector or tax

commissioner; records;

reports . . . . . . . . . . . . . . . . . HB 1298 108

Tax collectors; duty to

instruct that checks

be made payable to a

county tax office ....... SB 683 109

Tax commissioners, tax

collectors, and tax

receivers; membership

in the Employees'

Retirement System of

Georgia . . . . . . . . . . . . . . . . . HB 769 96

Tax

levies

and

executions; notice ...... HB 1620 106

Tax receivers; duties ..... HB 1298 108

Taxpayer's

appeals;

county boards of

equalization ............ HB 1660 109

Timber; ad valorem taxes

on standing timber ...... HB 1539 107

Timber; ad valorem taxes

on standing timber ...... HB 1646 108

Veterans'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275 1

REVOLVERS--

Legal hunting weapons ..... HB 1412 50

Licenses;

persons

convicted of drug

offenses ................ SB 512 29

Licenses to carry; fees ... HB 1445 30

Possession of firearms;

exemptions;

United

States Attorneys ........ SB 20 30

- 199 -

Bill Page

RULE AGAINST PERPETUITIES--
Uniform Statutory Rule Against Perpetuities; enacted . . . . . . . . . . . . . . . . . HB 1349 84

- s-

SALES AND USE TAXES--

Special county sales and

use taxes; records ...... HB 1444 111

Tangible

personal

property sold at

retail outside this

state for use within

this state .............. HB 442 110

SCHOOL BUSES--

Transportation

to

nonschool activities;

reimbursement ........... SB 629 40

SEARCH AND SEIZURE--

Search

warrants;

grounds; application

of peace officers

employed

by

universities,

colleges, and schools ... SB 641 32

SECRETARY OF STATE--

Georgia Land Sales Act;

Secretary of State

relieved of duties and

responsibilities ........ HB 1333 82

Georgia

Laws;

publication ............. HB 1446 51

Membership

on

authorities ............. SB 460 2

SECURITIES--

Brokers or dealers

receiving funds ......... SB 601 5

Georgia Securities Act

of 1973; definitions;

additional regulation

of certain persons;

training of certain

salesmen;

dollar

limitations on certain

offerings;

stop

orders; penalties ....... HB 1459 13

Investment advisers ....... HB 1463 13

SEED LA.KE--

Marine

toilets

prohibited .............. SB 490 118

SELF-INSURERS GUARANTY TRUST FUND--
Established ............... HB 1421 64

SEWAGE--

Combined sewer overflow

systems; permit for

operation required ...... SB 605 16

Combined

sewer

overflows; elimination

or treatment of sewage

overflow ................ SB 606 16

- 200 -

Bill Page

Eminent domain; sanitary

sewage systems .......... HB 1050 47

Marine

toilets;

requirements

for

certain lakes ........... HB 1807 15

Marine

toilets;

requirements

for

certain lakes ........... SB 490 118

Sewage Holding Tank Act;

enacted ................. HB 1957 15

SHERIFFS--

Date of sheriff's sales ... HB 1647 10

Jails;

release of

prisoners prior to

completion of sentence .. SB 561 76

License plates; use on

law

enforcement

vehicle or sheriff's

vehicle ................. HB 1798 71

SHERIFFS' RETIREMENT

FUND OF GEORGIA--

Benefits .................. SB 121 104

Membership;

prior

service; dues ........... SB 455 103

SMALL MINORITY BUSINESS

DEVELOPMENT CORPORATIONS--

Minimum

capital;

membership; directors ... HB 1610 7

SMOKE DETECTORS-Required in certain buildings ............... SB 711 48

SOCIAL SERVICES--

Child abuse; central

child abuse registry

established . . . . . . . . . . . . . HB 1317 113

Child abuse; reporting .... HB 1316 34

Child abuse records;

reports of suspected

child abuse ............. HB 1319 113

Children; removal of

children from home;

pla.n

of

family

reu.nif ication required .. HB 1320 26

Children and youth

services;

children

committing

certain

offenses sentenced to

custody of Department

of Corrections .......... SB 484 24

Code revision ............. HB 1278

1

Department of Human

Resources; persons who

apprehend delinquent

and unruly children;

membership in Peace

Officers' Annuity and

Benefit Fund . . . . . . . . . . . . SB 28 104

Division of Family and

Children

Services;

supervision

of

children removed from

home; reports ........... HB 1320 26

Drugs; Department of

Human

Resources;

negotiation for drugs

- 201 -

Bill

from sole supplier;

drua application fee .... HB 577 112

Economic Rehabilitation

Act of 1975; amended .... SB 530 114

Emotionally disturbed

children; delivery of

services ................ HB 560 113

Families and children;

delivery of services .... SB 705 113

Family Preservation and

Child

Protection

Reform Act; enacted ..... SB 705 113

Georgia

Medical

Assistance Act of

1977;

interest on

orders and judgments .... HB 1541 112

Indigent Care Trust

Fund; created ........... HB 1696 54

Joint Board of Family

Practice;

expense

allowance and travel

cost reimbursement ...... HB 1272 114

Juvenile

Justice

Coordinating Council;

membership .............. HB 1617 27

Social workers; licenses .. SB 668 79

State

Board

of

Postsecondary

Vocational Education;

change of references

to State Board or

Department

of

Technical and Adult

Education ............... HB 628 19

Transportation services

for

elderly and

handicapped persons ..... SB 567 57

Veterans'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275

1

SORORITIES--

Student

Organization

Responsibility

for

Drug

Abuse Act;

enacted ................. HB 1225 40

STANDARD FIRE PREVENTION
CODE (SBCCI)-State-wide application .... HB 1680 8

STANDING TIMBER-Ad valorem taxes .......... HB 1539 107 Ad valorem taxes .......... HB 1646 108

STATE BOARD OF
DISPENSING OPTICIANS-Termination date .......... SB 573 81

STATE BOARD OF EDUCATION--

Georgia Administrative

Procedure Act ........... HB 1520 115

Minimum course of study

in alcohol and drug

abuse;

duty

to

prescribe ............... HB 1261 36

Teaching certificates;

applicants who have

- 202 -

Bill

not completed

a

teacher preparation

program . . . . . . . . . . . . . . . . . SB 671 38

See also "Education"

STATE BOARD OF FUNERAL SERVICE--
Termination date .......... HB 1790 80

STATE BOARD OF HEARING AID DEALERS AND DISPENSERS--
Termination date .......... HB 1433 80

STATE BOARD OF PARDONS

AND PAROLES--

Consideration of parole;

notice to victim;

opportunity

for

statement ............... HB 1549 78

STATE BOARD OF

POSTSECONDARY VOCATIONAL

EDUCATION--

State

Board

or

Department

of

Technical and Adult

Education; change of

references to ........... HB 628 19

STATE BOARD OF RECREATION EXAMINERS--
Termination date .......... HB 1408 82

STATE BOARD OF

REGISTRATION FOR

PROFESSIONAL ENGINEERS

AND LAND SURVEYORS--

Registration of land

surveying

firms,

corporations,

and

other

entities;

membership of board;

seals ................... SB 681 80

STATE BOARD OF REGISTRATION OF USED CAR DEALERS--
Membership ................ HB 1854 1 Membership; termination ... HB 1389 82

STATE BOARD OF TECHNICAL

AND ADULT EDUCATION--

Membership ................ HB 1854 1

State

Board

of

Postsecondary

Vocational Education;

change of references

from . . . . . . . . . . . . . . . . . . . . HB 628 19

STATE COURTS-Judges; exception to residency requirement ... HB 192 23

STATE EMPLOYEES--

Drug testing of certain

state employees ......... HB 1171 89

See

also

"Public

Officers

and

Employees"

- 203 -

Bill

STATE EMPLOYEES' HEALTH

INSURANCE PLAN--

Schedule of maximum fees

for

hospitals,

pharmacists,

and

practitioners of the

healing arts ............ SB 447 39

STATE EXAMINING BOARDS--

Confidentiality

of

examination questions;

subpoena powers; cease

and desist orders ....... SB 588 78

See also "Professions

and Businesses"

STATE GOVERNMENT--

Administrative Procedure

Act; Department of

Medical Assistance;

rules ................... HB 1053 115

Administrative Procedure

Act; Department of

Natural

Resources;

rules ................... SB 534 49

Administrative Procedure

Act; State Board of

Education

and

Department

of

Education;

applicability . . . . . . . . . . . HB 1520 115

Applicants

for

employment;

drug

testing . . . . . . . . . . . . . . . . . HB 1263 89

Appropriations; S.F.Y.

1990-91. ................ HB 1314 117

Appropriations;

supplemental

for

S . F . Y. 19 8 9-9 0 .......... HB 25 3 11 7

Appropriations;

supplemental

for

S.F.Y. 1989-90 .......... HB 1288 117

Code revision ............. HB 1278 1

Contracts with the

state;

Drug-free

Workplace Act ........... HB 9 116

Department of Community

Affairs;

powers,

duties, and authority

with respect to waste

management education .... SB 533 17

Department of Medical

Assistance; procedure

for

adoption,

amendment, or repeal

of rules ................ HB 1053 115

Drivers'

licenses;

reimbursement

for

commercial drivers'

license fees paid by

state employees ......... HB 1595 86

Drug-free Workplace Act;

enacted ................. HB 9 116

Employees; awards for

suggestions ............. HB 516 90

Georgia Council for the

Arts; membership ........ HB 1854 1

Georgia

Development

Authority; exclusion

from programs of

- 204 -

Bill

persons convicted of

illegal drug activity ... HB 1160 115

Georgia State Garnes

Commission; assignment

to Department of

Natural Resources ....... SB 568 115

GeorgiaNet Authority;

creation . . . . . . . . . . . . . . . . HB 1757 117

Property; sale or grant

of county or municipal

property to the state ... SB 687 67

Public

records;

inspection; computer

programs and software ... SB 699 116

Publications;

information shown on

state publications ...... SB 613 114

Real property; recording

acquisition

and

disposition

instruments and plats ... SB 707 116

State Merit System of

Personnel

Ad.ministration;

interdepartmental

transfers;

working

test periods ............ HB 1094 88

State

Properties

Commission; authority

to grant licenses ....... SB 680 116

State property

see

tabular

index

"Resolutions

Authorizing

Land

Conveyances, Leases,

and Easements"

The Reach of Song

designated as official

state historic drarna .... HB 1470 114

Vendors; preference for

in-state vendors ........ SB 613 114

Veterans'

Administration; change

of name to United

States Department of

Veterans Affairs ........ HB 1275 1

Vidalia Sweet Onion;

official

state

vegetable ............... HB 1571 114

STATE MEDICAL EXAMINER-Office created ............ HB 1323 65

STATE MERIT SYSTEM OF

PERSONNEL ADMINISTRATION--

Applicants; drug testing .. HB 1263 89

Interdepartmental

transfers;

working

test period ............. HB 1094 88

Sick leave ................ HB 1513 89

STATE PARKS AND RECREATION AREAS--
See "Conservation and Natural Resources"

STATE PROPERTIES COMMISSION--
Authority to grant licenses ................ SB 680 116

- 205 -

Bill

Recordation

of

acquisition

and

disposition

instruments and plats ... SB 707 116

STATE SYMBOLS--

The Reach of Song

designated as official

state historic drama .... HB 1470 114

Vidalia Sweet Onion;

official

state

vegetable ............... HB 1571 114

STATE TRANSPORTATION

BOARD--

Per diem allowance for

members ................. HB 1417 56

See also

"Highways,

Bridges, and Ferries"

STATE-WIDE CHILD FATALITY REVIEW PANEL--
Creation; membership, powers, and duties ...... HB 1318 33

STERILIZATION-Consent of spouse ......... SB 552 55

STONE MOUNTAIN MEMORIAL ASSOCIATION--
Membership of Secretary of State ................ SB 460 2

STUDENT ORGANIZATION RESPONSIBILITY FOR DRUG ABUSE ACT--
Enacted . . . . . . . . . . . . . . . . . . . HB 1225 40

SUBDIVIDED LAND-Georgia Land Sales Act; amended ................. HB 1333 82

SUPERIOR COURT CLERKS' RETIREMENT
FUND OF GEORGIA-Benefits .................. HB 1035 104

SUPERIOR COURT JUDGES

RETIREMENT SYSTEM--

Creditable service as a

state court judge ....... HB 441 100

Mandatory retirement age .. HB 1632 101

Mandatory retirement age .. SB 76 101

Membership ................ SB 79 100

Transfer of membership

to the

District

Attorneys' Retirement

System . . . . . . . . . . . . . . . . . . SB 72 102

SUPERIOR COURTS--

Atlanta

Judicial

Circuit;

additional

judge ................... HB 1523 20

Augusta

Judicial

Circuit;

additional

judge ................... HB 1574 21

Clerks;

covenants

running with the land;

recording ............... HB 1553 83

Clerks; fees .............. HB 1651 48

- 206 -

Bill

Clerks; recording of

maps and plats .......... SB 735 22

Council of Superior

Court Clerks; creation .. HB 1220 22

Coweta Judicial Circuit;

additional judge ........ HB 1946 21

District

attorney

included in term

"prosecuting attorney" .. HB 251 27

Flint Judicial Circuit;

additional judge ........ HB 1951 22

Glynn County; terms ....... SB 727 21

Ocmulgee

Judicial

Circuit;

additional

judge . . . . . . . . . . . . . . . . . . . HB 1523 20

Ocmulgee

Judicial

Circuit; additional

judge ................... SB 548 22

Secretaries;

salary

schedule . . . . . . . . . . . . . . . . HB 141 22

SUPREME COURT OF GEORGIA--

Justices; license plates .. HB 1665 72

Justices;

mandatory

retirement age .......... HB 1633 96

SURVEYORS--

Registration of land

surveying

firms,

corporations,

and

entities; seals; State

Board of Registration

for

Professional

Engineers and Land

Surveyors; membership ... SB 681 80

- T-
TATTOOING-Tattooing near the eye prohibited .............. HB 1505 30

TAXIDERJ.'1ISTS-Licensure . . . . . . . . . . . . . . . . . HB 1629 50

TEACHERS RETIREMENT

SYSTEM OF GEORGIA--

Contributions;

income

taxation . . . . . . . . . . . . . . . . HB 1711 110

Creditable service ........ HB 458 98

Creditable

service;

pregnancy . . . . . . . . . . . . . . . HB 273 99

Creditable

service;

reestablishment ......... HB 964 98

Creditable service for

visiting scholar at a

public college or

university .............. HB 109 99

Employee contributions;

tax treatment ........... HB 1560 98

Executive

director;

position title changed

from

executive

secretary-treasurer . . . . . HB 1560 98

Executive

secretary-treasurer;

position title changed

to executive director ... HB 1560 98

Mandatory

retirement

age; repealed ........... HB 1560 98

- 207 -

Transfer of membership

from local retirement

fund;

refunds;

creditable service;

school systems of

counties of 550,000 or

more .................... HB 623 98

University System of

Georgia;

employees;

Regents

Retirement

System Act .............. HB 639 105

TELEPHONES--

County-wide

local

calling ................. SB 524 91

Facsimile

messages;

unsolicited commercial

facsimile

messages

prohibited . . . . . . . . . . . . . . HB 1181 91

Telephone systems for

physically impaired;

state-wide dual party

telephone relay system

created . . . . . . . . . . . . . . . . . SB 591 92

TELEVISION--

Evidence;

qualified

privilege for persons

engaged in

news

gathering

and

dissemination ........... SB 636 47

THE COUNCIL OF SUPERIOR

COURT JUDGES OF GEORGIA--

Employees; membership in

the

Employees'

Retirement System of

Georgia ................. HB 1088 96

THE GEORGIA MUNICIPAL COURTS TRAINING COUNCIL
ACT-Enacted . . . . . . . . . . . . . . . . . . . HB 1294 68

THE REACH OF SONG-Official state historic drama ................... HB 1470 114

THE USED MOTOR VEHICLE

DISMANTLERS, REBUILDERS,

AND SALVAGE DEALERS

REGISTRATION ACT--

State

Board

of

Registration for Used

Motor

Vehicle

Dismantlers,

Rebuilders,

and

Salvage

Dealers

termination date ........ HB 1296 82

TIMBER--

Ad valorem taxes .......... HB 1539 107

Ad valorem taxes .......... HB 1646 108

Dimension

lumber;

grading . . . . . . . . . . . . . . . . . SB 665 4

TIME-SHARES-Georgia Time-share Act; amended . . . . . . . . . . . . . . . . . HB 502 82

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TOBACCO--

Maximum charges

for

handling and selling

leaf

tobacco by

warehousemen ............ HB 923 13

TOILETS--

Marine toilets

on

certain lakes ........... HB 1807 15

Marine

toilets on

certain lakes ........... SB 490 118

Sewage Holding Tank Act;

enacted . . . . . . . . . . . . . . . . . HB 1957 15

Water-saving toilets and

plumbing fixtures ....... HB 1827 7

TORTS--

Donation of canned or

perishable food to

charitable

or

nonprofit

organizations;

immunity from suit ...... HB 1277 118

Funerals; immunity for

law

enforcement

officers . . . . . . . . . . . . . . . . HB 1246 86

Structured settlements;

guardians ............... HB 1390 51

TRADE SECRETS-Georgia Trade Secrets Act of 1990; enacted .... HB 1449 11

TRIAL JUDGES AND
SOLICITORS RETIREMENT
FUND-Employer and employee contributions; benefits ................ SB 71 101 Mandatory retirement age .. HB 1635 102 Membership ................ SB 79 100

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UNCLAIMED PROPERTY-Disposition of Unclaimed Property Act; revision .. SB 746 84 See also "Labor and Industrial Relations"

UNEMPLOYMENT COMPENSATION-Fishing ................... SB 232 61

UNFAIR AND DECEPTIVE

PRACTICES IN CONSUMER

TRANSACTIONS--

Mortgages, conveyances

to secure debt, and

liens;

funding of

loans ................... HB 1597 85

UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT--
Expenditure of certain net appreciation of endowment fund assets authorized; standard
of care for governing board . . . . . . . . . . . . . . . . . . . SB 632 85

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UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT--
Representation of the petitioner by the district attorney ....... HB 1214 35
UNIFORM STATUTORY RULE AGAINST PERPETUITIES--
Enacted . . . . . . . . . . . . . . . . . . . HB 1349 84

UNITED STATES ATTORNEYS-Possession of firearms; exemptions .............. SB 20 30

UNITED STATES DECENNIAL

CENSUS--

Effective date; effect

on

boards,

commissions, and other

bodies .................. HB 1854

1

UNITED STATES DEPARTMENT OF VETERANS AFFAIRS--
Change of name from
Veterans' Administration .......... HB 1275 1

UNIVERSITY SYSTEM OF

GEORGIA--

Regents Retirement Plan

Act; board of regents

authorized

to

establish an optional

retirement plan for

certain employees of

the University System

of Georgia .............. HB 639 105

See also "Education"

UNRULY CHILDREN-Detention ................. HB 1616 26

UPPER SAVANNAH RIVER
DEVELOPMENT AUTHORITY-Membership of Secretary of State ................ SB 460 2

USED CAR DEALERS'

REGISTRATION ACT--

State

Board

of

Registration of Used

Car

Dealers;

membership;

termination ............. HB 1389 82

Used car dealer; defined .. HB 1568 82

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VETERANS--

Disabled

veterans

license plates .......... SB 637 72

Prestige license plates;

Pearl Harbor survivors .. HB 1554 72

See also "Military,

Emergency Management,

and Veterans Affairs"

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VETERANS' ADMINISTRATION-Change of name to United
States Department of Veterans Affairs ........ HB 1275 1

VETERANS SERVICE BOARD-Location of meetings ...... HB 1342 70

VIDALIA SWEET ONION-Official state vegetable .. HB 1571 114

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WAREHOUSES-Georgia State Warehouse Act; licenses ........... SB 691 12 Tobacco; maximum charges
for handling and selling leaf tobacco by warehousemen ......... HB 923 13

WASTE MANAGEMENT-Georgia Comprehensive Solid waste Management Act; enacted . . . . . . . . . . . . SB 533 17 Regional Solid Waste Management Authorities Act; enacted ............ SB 533 17 See also "Conservation and Natural Resources"

WATERS OF THE STATE,

PORTS, AND WATERCRAFT--

Gambling devices; ships ... HB 1512 29

Lakes; water quality

standards ............... SB 714 15

Marine

toilets;

prohibited on Lake

Burton, Lake Rabun,

and Seed Lake ........... SB 490 118

Marine

toilets;

requirements

for

certain lakes ........... HB 1807 15

"Protected fresh waters"

defined ................. HB 1807 15

Water flow requirements

for toilets, urinals,

shower heads,

and

faucets ................. HB 1827 7

WEAPONS--

Handguns; legal hunting

weapons ................. HB 1412 50

Licenses to

carry

pistols or revolvers;

fees .................... HB 1445 30

Licenses

to

carry

pistols or revolvers;

persons convicted of

drug offenses ........... SB 512 29

Possession;

United

States Attorneys ........ SB 20 30

WILLS, TRUSTS, AND

ADMINISTRATION OF

ESTATES--

Annual returns

of

fiduciaries

administering estates ... HB 1392 119

Executor's

powers;

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guardian ad litem of

an heir;

bonds;

notices;

returns;

discharge

of

aQministrator ........... HB 357 118

Renouncement

of

succession; delivery

of renouncement ......... HB 1834 119

Trustees; Georgia Gift

to Minors Act repealed

and Georgia Transfers

to Minors Act enacted ... HB 256 83

Witnesses; legacy or

devise to subscribing

witness to a will not

invalid in certain

cases . . . . . . . . . . . . . . . . . . . HB 1352 119

WITNESSES-Children; competence to testify in certain cases ................... HB 1321 47 Wills; legacy or devise
to subscribing witness to a will not invalid in certain cases ........ HB 1352 119

WORKERS' COMPENSATION--

Administration;

benefits; schedules;

procedure;

appeals;

suppliers; physicians;

peer review . . . . . . . . . . . . . SB 464 62

Confirmation

of

insurer's refusal to

cover risk .............. HB 1426 63

Covered

employees;

emergency management,

rescue, or medical

service

personnel;

minors; lawn care ....... SB 728 61

Farm laborers; employers

may elect to provide

coverage for

farm

laborers ................ HB 1351 62

Group

self-insurance

funds ................... SB 6 9 3 6 3

Injury or death due to

marijuana

or

controlled substance .... HB 1168 62

Insurance;

optional

deductibles ............. HB 1753 63

Pharmacy

services;

mandatory use of

out-of-state

mail

order

pharmacies

prohibited .............. HB 686 63

Rights and remedies;

construction design

professionals exempted

from

third-party

actions ................. HB 319 62

Self-insurers Guaranty

Trust Fund established .. HB 1421 64

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WRITS OF FIERI FACIAS--

Fines r

costs,

or

restitution

as

condition

for

probation; use of

civil

remedies to

collect . . . . . . . . . . . . . . . . . HB 1440 78

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