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,REPRE5ENUToTE 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 ~~;;;:p=::f 'iiiD::~~;:i~; succes i hority is accomp h g i or uties and functio 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 ~\::DaTOED' 5-T6-h3is5,. ~ tin se n Sewcthiiocnh applica . r p uired, so ~~;::1 11, as to de a s p p dures for c cus