Gli nJ L400,L4 "" ' "W~ $ \ $7 \~9/ SUMMARY OF -. GENERAL STATUTES ENACTED AT THE 1997 SESSION OF THE GENERAL ASSEMBLY OF GEORGIA LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 ECEIVEI JUL 30 1997 DOCUMENTS ~A UBRARIES COMMITTEE MEMBERS: THOMAS B. MURPHY Speaker ofthe House Chailpe=n PIERRE HOWARD President ofthe Senate FRANK ELDRIDGE, JR. Secretary ofthe Senate Secretary ROBERT E. RIVERS, JR. Clerk ofthe House SEWELL R. BRUMBY Legislative Counsel LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (-104) 656-5000 COMMITTEE MEMBERS: President Pro Tempore Speaker Pro Tempore Senate Majority Leader House Majority Leader Senate Minority Leader House Minority Leader Chairperson, Senate Appropriations Committee Chairperson, Senate Banking and Financial Institutions Committee Chairperson, Senate Judiciary Conunittee Chairperson, House Appropriations Committee Chairperson, House Judiciary Committee Chairperson, House Ways and Means Committee 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 1997 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 opJ.nJ.ons, counseling, legislative reference, interim committee staffing, and preparation of reports. The Office of Legislative Counsel drafted a total of 6,114 bills, resolutions, and amendments for the 1997 session. Of this number, 1,061 had been prepared by the convening date of the session, leaving a total of 5,053 which were drafted during the session. The members of the committee and the Office of Legislative Counsel join in the sincere hope that this booklet will be of benefit to those who use it. LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 COMMITTEE MEMBERS THOMAS B. MURPHY Speaker, House of Representatives Chairman FRANK ELDRIDGE, JR. Secretary of the Senate Secretary PIERRE HOWARD Lieutenant Governor SENATOR CHARLES C. CLAY SENATOR GEORGE HOOKS SENATOR MARY MARGARET OLIVER SENATOR SONNY PERDUE SENATOR LOYCE W. TURNER SENATOR CHARLES W. WALKER REPRESENTATIVE THOMAS B. BUCK Ill REPRESENTATIVE TERRY L. COLEMAN REPRESENTATIVE JACK CONNELL REPRESENTATIVE BOB IRVIN REPRESENTATIVE JIM MARTIN REPRESENTATIVE LARRY WALKER ROBERT E. RIVERS, JR. Clerk, House of Representatives SEWELL R. BRUMBY Legislative Counsel FOREWORD This booklet contains a summary of the general statutes of state-wide application which were enacted at the 1997 regular session of the General Assembly of Georgia. No resolutions, local Acts, or uncodified "population Acts" have been included. The booklet also includes a table of Code sections amended and enacted at the 1996 session. 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 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 The Acts is 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 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES GENERAL ASSEMBLY 1997 SESSION SUMMARY HOUSE BILLS Generals Passed Locals Passed . Pending --- To be carried House Senate Further Action Con. Committee Prefiled-Not Intra. Unf. Reported HOUSE RESOLJJTIONS Generals Adopted Locals Adopted Constitutional Ams Privileged Adopted Pending --- To be carried House Senate Further Action . SENATE BILLS Generals Passed Locals Passed Pending --- To be carried House Senate Further Action SENATE RESOLUTIONS Generals Adopted Locals Adopted Privileged Adopted Pending --- To be carried House Senate PREFILED INTRODUCED PASSED pENDING NOT INTRO LOST 1114 391 715 (4) 206 _ll_5_ ;3_ll Sent to the Governor for approval: 391 660 45 . 5 ._5_ ll.5: 4 _______i llll PREFILED INTRODUCED ADOPTED PENDING NOT INTRO LOST 719 597 122 0 41 . 2 . 1 .5..5.1 5...21. Sent to the Governor for approval: 44 . 118 ____.2 1.U 'Lli PREFILED INTRODUCED PASSED PENDING NOT INTRO LOST 401 120 281 0 92 .a .l...Q. Sent to the Governor for approval: 12 0 102 177 =2. iQl. PREFILED INTRODUCED ADOPTED PENDING NOT INTRO LOST 457 378 79 0 27 . 1 :l..>.ll ll.a Sent to the Governor for approval: 27 10 ~ ll .4_5_7. SIGNED/VETOED BY GOVERNOR 377 14 SIGNED/VETOED BY GOVERNOR 44 0 SIGNED/VETOED BY GOVERNOR 119 1 SIGNED/VETOED BY GOVERNOR 27 0 TOTAL BILLS INTRODUCED pASSED PENDING PREFILED NOT INTRO LOST SIGNED/VETOED BY GOVERNOR House Senate TOTAL RESOLUTIONS 1114 3Ql 1515 INTRODUCED 391 715 (4) 0 377 14 U.Q 61. 511 996 .iJI.l _I! (4) J.ll _l 496 15 PREFILED SIGNED/VETOED AQOPTED~~InN~G NO-T-I~N~ TRlOiL~~LO-S_TJ~~-- BY~~ GO~ Y~.Rllilli House Senate 719 _i.51. 1176 597 ll.a 975 122 -"1.2 201 0 0 _I! _I! 0 44 0 2.2 _I! 71 TO OBTAIN COPIES OF ANY LEGISLATION SUMMARIZED IN THIS PUBLICATION PLEASE CONTACT EITHER: OFFICE OF THE SECRETARY OF THE SENATE 321 STATE CAPITOL BUILDING ATLANTA, GEORGIA 30334 (404) 656-5040 OFFICE OF THE CLERK OF THE HOUSE 309 STATE CAPITOL BUILDING ATLANTA, GEORGIA 30334 ( 404) 656-5015 COPIES OF LEGISLATION MAY ALSO BE OBTAINED ELECTRONICALLY FROM THE INTERNET WEB SITE OF THE GENERAL ASSEMBLY: www.state.ga.usjLegisj TITLE 1 GENERAL PROVISIONS Act 18; HB 123 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 March 28, 1997. Act 5; HB 188 This Act changes the provisions relating to the effective dates of Acts affecting local expenditures by specifying what types of local Acts shall be subject to the January 1 following the date of passage effective date. The Act also changes the notice required to be given to the local governing authority prior to the introduction of certain local bills and provides for exceptions and applicability. The Act amends O.C.G.A. Sections 1-3-4.1 and 28-1-14. Effective February 19, 1997. TITLE 2 AGRICULTURE Act 33; HB 130 This Act authorizes the Department of Agriculture to accept applications for licenses, registrations, and permits through electronic media approved by the Commissioner and allows the acceptance of fees through any manner, including electronic fund transfers as approved by the Commissioner. The Act denies registrations, licenses, or permits to persons under 18 years of age. The Act enacts O.C.G.A. Section 2-5-4.1 and amends O.C.G.A. Section 2-5-5. Effective July 1, 1997. Act 407; HB 49 This Act repeals the "Georgia Plant Food Act of 1989" and enacts the "Georgia Fertilizer Act of 1997." The Act revises, adds, and deletes definitions relative to the regulation and licensing of commercial fertilizer. The Act provides for labeling of fertilizers, inspection and testing of fertilizers, prohibits certain conduct and the distribution of misbranded fertilizers, prohibits distribution of adulterated products, provides for enforcement and the revocation or denial of licenses and cancellation of registrations, and provides for notice, warnings, injunctions, and prosecution of violators. The Act repeals O.C.G.A. Sections 2-12-1 through 2-12-21 and enacts O.C.G.A. Sections 2-12-1 through 2-12-20. Effective July 1, 1997. TITLE 3 ALCOHOLIC BEVERAGES Act 402; HB 250 This Act makes it unlawful for any person under the age of 21 years to attempt to purchase alcoholic beverages. The Act authorizes retailers or retail consumption dealers to either seize and retain the driver's license of any person under the age of 21 years tendered as identification by such person attempting to purchase alcoholic beverages or to write down the name, address, and license number recorded on such license. The Act also provides for the suspension of driver's license of any person under the age of 21 years convicted of attempting to purchase alcoholic beverages. The Act amends O.C.G.A. Sections 3-3-23, 3-3-23.1, and 40-5-63. Effective July 1, 1997. -1- TITLE 3 (continued) Act 31; HB 119 This Act provides for criminal penalties for persons in the business of selling alcoholic beverages in another state or country who knowingly and intentionally ship or cause to be shipped any alcoholic beverages directly to any resident of this state who does not hold a valid manufacturer's, importer's, broker's, or wholesaler's license issued by this state. The Act enacts O.C.G.A. Sections 3-3-31 and 3-3-32. Effective April 4, 1997. Act 487; HB 500 This Act provides that on and after July 1, 1997, no municipality or county shall authorize the location of a new retail package liquor licensed place of business or the relocation of an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail. The Act provides for certain exceptions. The Act amends O.C.G.A. Section 3-4-49. Effective July 1, 1997. Act 457; HB 834 This Act authorizes a brewpub licensee to sell up to a maximum of 500 barrels annually of beer manufactured by such licensee to licensed wholesale dealers for distribution to retailers and retail consumption dealers. The Act further provides that special entertainment districts may be defined and designated as such by local governing authorities. The Act amends O.C.G.A. Sections 3-5-36, 3-5-38, and 3-6-21.2. Effective July 1, 1997. Act 30; HB 93 This Act authorizes any farm winery licensee to sell wines produced by such licensee and distilled spirits, malt beverages, and wines not produced by such licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery. The Act enacts O.C.G.A. Section 3-6-21.3. Effective April 4, 1997. Act 363; HB 682 This Act authorizes the sale of alcoholic beverages at certain University System of Georgia continuing education centers and at a university system coliseum during a professional sports event when such coliseum has been leased or licensed for such professional sports event by a professional sports team. The provisions relating to the sale of alcoholic beverages at a university system coliseum shall be automatically repealed effective January 1, 2000. The Act enacts O.C.G.A. Sections 3-8-4 and 3-8-5. Effective April 21, 1997. Act 93; SB 144 This Act provides that in-room service of alcoholic beverages shall include service to owners, lessors, and tenants of condominium units and commercial space located in the same building as one or more hotel rooms in certain circumstances. The Act amends O.C.G.A. Section 3-9-10. Effective July 1, 1997. -2- TITLE 4 ANIMALS Act 430; HB 426 This Act defines the term "nontraditional livestock." The Act also provides for deer farming and the regulation of farmed deer. The Act provides that anyone holding a deer-farming license is not required to have a wild animal license or permit to possess farmed deer. The Act prohibits the hunting, shooting, killing, or wounding of farmed deer. The Act amends o.c.G.A. Sections 4-4-1.1, 27-1-2, 27-5-4, and 27-5-10 and enacts O.C.G.A. Sections 4-4-170 through 4-4-181 and 27-5-12. Effective July 1, 1997. TITLE 5 APPEAL AND ERROR Act 195; HB 291 This Act provides that when a timely application for appeal is filed in a case governed by subsection (a) of O.C.G.A. Section 5-6-34, but a timely notice of appeal is not filed, the appellate court will have jurisdiction and shall grant the application. The Act amends o.c.G.A. Section 5-6-35. Effective April 14, 1997. TITLE 7 BANKING AND FINANCE Act 94; SB 154 This Act revises numerous provisions relating to financial institutions and the Department of Banking and Finances. The Act makes several technical or housekeeping changes to laws governing financial institutions so as to comply with federal law and changes made previously to the state branching laws. Provisions for removal of bank personnel are changed, an expedited approval process for certain safe bank transactions is created, and a bank's incidental powers are expanded to allow the sale of investment products. A process is created for the conversion of mutual savings banks. For boards of banks and trust companies, requirements for geographical representation are changed. Audit submission procedures for financial institutions and rules relating to certain currency transactions and related reports filings are changed. The definitions of certain terms are expanded or changed or deleted as appropriate in response to other changes in the law. Provisions relating to check cashers are toughened and rules relating to mortgage brokers and lenders are clarified and changed. The Act also changes laws applicable to personnel of the Department of Banking and Finance and increases the rule-making authority of the commissioner of banking and finance to allow more rapid response to Internet and other banking problems. Finally, the Act corrects certain grammatical errors. The Act amends O.C.G.A. Sections 7-1-3, 7-1-34, 7-1-35, 7-1-37, 7-1-61, 7-1-64, 7-1-71, 7-1-74, 7-1-241, 7-1-261, 7-1-288, 7-1-293, 7-1-370, 7-1-480, 7-1-487, 7-1-530, 7-1-550, 7-1-590, 7-1-600, 7-1-603, 7-1-622, 7-1-628.2, 7-1-628.3, 7-1-628.8, 7-1-700, 7-1-704, 7-1-709, 7-1-912, 7-1-1000, 7-1-1001, 7-1-1017, and 7-1-1018 and enacts o.c.G.A. Section 7-1-79. Effective June 1, 1997. Act 214; HB 570 This Act prohibits financial institutions, savings banks, national banks, credit unions, or savings and loan associations from charging a fee to cash a check or other instrument drawn on such institution whether or not the presenter has an account with such institution. The Act enacts O.C.G.A. Section 7-1-239.5. Effective July 1, 1997. -3- TITLE 7 (continued) Act 217; HB 630 This Act provides that no agreement between operators of automated teller machines to share such machines may prohibit, limit, or restrict the right of one or more financial institutions to enter into agreements not to charge ATM transaction fees to their common customers. The Act amends O.C.G.A. Section 7-1-295. Effective July 1, 1997. TITLE 8 BUILDING AND HOUSING Act 200; HB 322 This Act requires that county or municipal building permits issued for residential property shall be posted and that all permits shall contain specific language relating to mechanics' and materialmen's liens. The Act clarifies that political subdivisions may prescribe licensing requirements for home inspectors. The Act amends O.C.G.A. Section 8-2-26 and enacts O.C.G.A. Section 8-3-331.1. The Act is effective January 1, 1998, except that no county or municipality shall be required to implement the requirements of the Act until such county or municipality has consumed all building permit forms on hand. Act 215; HB 583 This Act provides that participating local governments may establish by resolution the composition and size of the board of commissioners of the regional housing authority subject to the requirement that each county shall have at least one commissioner on such board. The Act amends O.C.G.A. Section 8-3-106. Effective April 14, 1997. TITLE 9 CIVIL PRACTICE Act 479; HB 745 This Act clarifies the application of the Georgia Arbitration Code to certain contracts between insurance companies. The Act amends O.C.G.A. Section 9-9-2. Effective July 1, 1997. Act 69; HB 592 This Act changes prov~s~ons relating to venue in cases where the court has exercised personal jurisdiction over a nonresident. The Act amends O.C.G.A. Section 9-10-93. Effective July 1, 1997. Act 351; HB 369 This Act specifies the circumstances under which the plaintiff or the defendant in a civil action will give opening and concluding arguments. The Act enacts O.C.G.A. Section 9-10-186. Effective July 1, 1997. Act 327; SB 276 This Act changes prov~s~ons relating to the affidavit which must be filed with the complaint in an action for damages alleging professional malpractice. The Act limits the scope of the affidavit requirement to -4- TITLE 9 (continued) certain listed professions and entities. The Act also provides for the timing of the filing of the affidavit, for the curing of defects in the affidavit, and for dismissal of the complaint under certain circumstances. The Act amends O.C.G.A. Section 9-11-9.1. Effective July 1, 1997, and applicable only to actions filed on or after that date. Act 54; HB 321 This Act authorizes attorneys to issue subpoenas for taking depositions under certain circumstances. The Act amends O.C.G.A. Section 9-11-45. Effective July 1, 1997. Act 187; HB 152 This Act changes the requirements for the official organ of publication of official or legal advertising. The Act amends o.c.G.A. Section 9-13-142. Effective April 14, 1997. Act 269; SB 1 This Act permits recovery of attorney's fees and litigation costs incurred in obtaining an order of the court for payment of attorney's fees and litigation costs based on the assertion of a frivolous claim or defense. The Act amends o.c.G.A. Section 9-15-14. Effective July 1, 1997. TITLE 10 COMMERCE AND TRADE Act 431; HB 431 This Act amends "The Retail Installment and Home Solicitation Sales Act" and provides certain conditions under which a revolving account is presumed to be signed or accepted by the buyer and provides for certain preconditions to the effectiveness of a revolving account. The Act amends O.C.G.A. Section 10-1-4. Effective July 1, 1997. Act 39; HB 182 This Act changes the provisions for inspection of antifreeze samples prior to sale or storage and requires additional submissions and testing. The Act amends O.C.G.A. Section 10-1-203. Effective July 1, 1997. t i cTkhei st OE Veto No. 1; HB 283 the~~ Asccat lpirnegwribteys pers the a lping. It still prohibits ensed ticket broker, a charitable organization, o rso personal use. The Act s eg a ri /illy bought tickets for ''ging of a service fee for tickets. The Act continue h cri 'n al for ticket scalping and also provides for enforceme h a The Act amends O.C.G.A. Sect1on 1 -1- 0. Act 456; HB 712 This Act provides for judgments on delinquent penalties or other obligations arising from a violation by a person or entity of laws prohibiting unfair or deceptive trade practices. The Act authorizes the administrator to provide for a consumer preventive education plan. The Act -5- TITLE 10 (continued) also privatizes the collection of such judgments, provides for collection fees, provides for disbursement of collected penalties and fees, and provides for reports to the Governor. The Act enacts o.c.G.A. Sections 10-1-365 through 10-1-367. Effective July 1, 1997. Act 455; HB 708 This Act adds to the list of unlawful, unfair, or deceptive trade practices the practice by a seller or telemarketer of using electronic records to induce payment of an amount claimed to be owed the telemarketer. The Act also prohibits telemarketers, persons engaged in any activity involving a computer network, and home repair or home improvement businesses from committing theft or defrauding or deceiving a person, organization, or entity and provides for civil and, in certain cases, criminal penalties. The Act authorizes the administrator to promulgate additional rules relating to the law summarized in the previous sentence and to assist prosecuting attorneys if a criminal violation of the law has occurred. The Act amends O.C.G.A. Sections 10-1-393, 10-1-393.5, 10-1-406, and 16-8-12. The Act is effective July 1, 1997, and shall apply to offenses committed on or after that date. Act 394; SB 103 This Act creates the "Georgia Electronic Records and Signatures Act," authorizes the use of electronic records and signatures in lieu of written ones and provides for the legal effect thereof, provides for recovery for the unauthorized use of a person's electronic signature, and makes a conforming amendment to O.C.G.A. Section 50-18-72. The Act also encourages public and private sector entities to use electronic media to conduct their business, provides for pilot projects in governmental agencies relating to the use of electronic media, and creates the Electronic Commerce Study Committee. The Act enacts O.C.G.A. Sections 10-12-1 through 10-12-5 and 50-29-12 and amends O.C.G.A. Section 50-18-72. Effective April 22, 1997. TITLE 12 CONSERVATION AND NATURAL RESOURCES Act 216; HB 604 This Act provides that all commercial analytical laboratories submitting data for regulatory purposes shall be accredited or approved in rules promulgated by the Environmental Protection Division of the Department of Natural Resources. The Act enacts O.C.G.A. Section 12-2-9. Effective July 1, 1997. Act 300; SB 146 This Act provides that the Stone Mountain Memorial Association shall hold the natural area of Stone Mountain Park in trust for the benefit of present and future generations and shall restrict the use of such area. The Act amends O.C.G.A. Section 12-3-194.2. Effective April 14, 1997. Veto No. 7; HB 866 mai~!=i~c~ ~~~~1~~yt~~ ~~~fOEfD~u~~o~!~~ ~~n~~~~~r~~;s~~~ who have contributed to t state. The Act enacts Part 13 A icl 7 c. Chapter 12-3. -6- TITLE 12 (continued) Veto No. 3; HB 528 This Act provides exceptions from a moratorium on additional sewer ca otnanxecotnionsrenitnal cecratarisn, s~f~ 1 poeurtmlaiyttepdrojpecritos r funtodedthbey imposition of any such or m projects constructed in partnership with a public g u Act requires the director of the Environmental Prate D. i Department of Natural Resources to request the a is anc o Environmental Protection Agency in the event any e ce rous or effluent discharge limits in a certain portion of the Chattahoochee River. The Act places limitations on the withdrawal of ground water in areas designated as special ground-water management areas. The Act amends O.C.G.A. Sections 12-5-23.2 and 12-5-96. Act 390; HB 167 This Act enacts the "Georgia Coastal Management Act." The Act provides for the management and preservation of all tidally influenced waters and submerged land seaward to the state's jurisdictional limits. The Act enacts Part 6 of Article 4 of O.C.G.A. Chapter 12-5. Effective April 22, 1997. Act 401; HB 612 This Act provides that a city, county, or authority shall hold a public hearing before contracting for the sale, lease, or management of a landfill or a solid waste disposal facility. The Act provides that a city, county, or authority may designate the county tax commissioner or tax collector to collect fees for the operation of a solid waste disposal facility. The Act provides that a generator of scrap tires who complies with statutes and regulations relating to the disposal of scrap tires shall not be liable for the cost of any corrective action relating to such tires. The Act provides that local governments may abolish solid waste management authorities and regional solid waste management authorities and provides for the assets and obligations of such authorities. The Act amends O.C.G.A. Sections 12-8-24, 12-8-39.3, and 12-8-40.1 and enacts O.C.G.A. Sections 12-8-24.2 and 12-8-59.2. Effective July 1, 1997. Act 46; HB 219 This Act provides that no permit shall be issued for a municipal solid waste disposal facility within one-half mile of the boundary between a city and a county without the express approval of the governing authority of the adjoining jurisdiction. The Act provides that a local governing authority which has activated a waste management authority may deactivate such authority. The Act amends O.C.G.A. Section 12-8-25 and enacts O.C.G.A. Section 12-8-59.2. Effective April 4, 1997. Act 341; liB 57 This Act provides that restrictions on the issuance of a permit for a solid waste landfill in the proximity of a military bombing range shall apply to pending as well as future permit applications. The Act prohibits the disposal of asphalt roofing shingles in any manner other than in construction and demolition or municipal solid waste landfills. In a noncodified section, the Act requires the Environmental Protection Division of the Department of Natural Resources to develop a plan to encourage the recycling of asphalt shingles. The Act amends O.C.G.A. Section 12-8-25.3 and enacts O.C.G.A. Section 12-8-40.3. Effective July 1, 1997. -7- TITLE 12 (continued) Act 211; HB 510 This Act authorizes the director of the Environmental Protection Division of the Department of Natural Resources to waive all or a portion of hazardous waste management fees and hazardous substance reporting fees as an incentive to reduce hazardous waste generation. The Act amends o.c.G.A. Sections 12-8-93 and 12-8-95.1. Effective July 1, 1997. Act 393; HB 470 This Act provides for a lien on real property on which the Environmental Protection Division of the Department of Natural Resources has performed certain corrective action funded by the hazardous waste trust fund. The Act provides for the priority of such liens and for the foreclosure of such liens. The Act amends O.C.G.A. Sections 12-8-94, 12-8-96, and 44-14-320. Effective July 1, 1997. Act 7; HB 149 This Act enacts the Apalachicola-Chattahoochee-Flint River Basin Compact conditioned upon the concurrent enactment of legislation by the States of Alabama, Florida, and Georgia and the United States. The Act enacts Article 6 of O.C.G.A. Chapter 12-10. Effective July 1, 1997. Act 6; HB 148 This Act enacts the Alabama-Coosa-Tallapoosa River Basin Compact conditioned upon the concurrent enactment of legislation by the States of Alabama and Georgia and the United States. The Act enacts Article 7 of O.C.G.A. Chapter 12-10. Effective July 1, 1997. TITLE 13 CONTRACTS Act 202; HB 329 This Act relates to damages for writing bad checks. The Act increases, from $20.00 to $25.00, the amount of the service charge which may be recovered. The Act also changes provisions relating to written demands for payment. The Act amends o.c.G.A. section 13-6-15. Effective July 1, 1997. TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Act 406; HB 294 This Act amends o.c.G.A. Chapter 14-2, relating to business corporations, to change certain fees and methods of communicating notice; to change provisions relating to share dividends, treasury shares, shareholder special meetings, actions by shareholders without meetings, voting entitlement of shares, voting shares by proxies, and corporation acceptance of votes; to provide for appointment of inspectors and for share exchanges; and to change the provisions relating to sale of assets requiring shareholder approval and relating to reinstatement following administrative dissolution. The Act also amends O.C.G.A. Chapter 14-3, relating to nonprofit corporations, to change certain fees, to change the provisions relating to liability and indemnification and advancement of expenses of directors and officers, and to change the provisions relating to mergers -8- TITLE 14 (continued) and reinstatement after administrative dissolution. The Act amends O.C.G.A. Sections 14-2-122, 14-2-141, 14-2-623, 14-2-631, 14-2-702, 14-2-704, 14-2-721, 14-2-722, 14-2-724, 14-2-1103, 14-2-1202, 14-2-1422, 14-3-122, 14-3-140, 14-3-202, 14-3-850 through 14-3-858, 14-3-1101, 14-3-1102, 14-3-1104, 14-3-1105, and 14-3-1422 and enacts O.C.G.A. Section 14-2-729.1. The amendments to o.c.G.A. Sections 14-2-122, 14-2-1422, 14-3-122, and 14-3-1422 become effective April 24, 1997. The remaining provisions become effective July 1, 1997. Act 424; HB 349 This Act provides for a limited partnership to become a limited liability partnership, provides for corporations, limited liability companies, and general partnerships to become limited partnerships, and provides for the consequences of such actions. The Act also changes definitions regarding limited liability companies, changes the provisions regarding elections to become limited liability companies, and provides for liabilities of members or managers of limited liability companies. The Act amends o.c.G.A. Sections 14-8-62, 14-11-101, 14-11-212, and 14-11-303 and enacts O.C.G.A. Section 14-9-206.2. Effective July 1, 1997. TITLE 15 COURTS Act 331; SB 324 This Act changes the previous 25 mile restriction on storage of court records away from the courthouse, allowing their storage anywhere within Georgia. The governmental entity arranging such storage will be responsible for retrieval costs and must contract for specific retrieval times and fees for expedited service. The Act also permits other county documents to be stored within 100 miles of the county under similar conditions. The Act is discretionary, and the decision-making process required to store records outside the courthouse is unchanged. The Act amends o.c.G.A. Sections 15-1-10, 15-6-86, and 36-9-5. Effective July 1, 1997. Act 474; SB 306 This Act creates the Georgia Council of Court Administrators, to be composed of the full-time court administrators and managers of all courts within the State of Georgia. The Act enacts O.C.G.A. Section 15-5-100. Effective July 1, 1997. Act 414; HB 125 This Act changes provisions relating to the employment, compensation, expenses, and benefits of personnel (e.g., secretaries, law clerks, and court administrators) employed within the offices of superior court judges. Such personnel who are paid by the state are placed in the unclassified service of the State Merit System and are subject to personnel policies and salary schedules established by The Council of Superior Court Judges. Alternatively, personnel within the offices of superior court judges may be paid by and employed by counties composing the judicial circuit, with the written consent of the governing authority or authorities. The Act amends o.c.G.A. Sections 15-6-25 through 15-6-28.1. Effective July 1, 1997. Act 181; HB 67 This Act changes the membership of the Superior Court Clerks Training Council from ten voting members and two advisory members to nine voting -9- TITLE 15 (continued) members selected by the Superior Court Clerks Association or its successor organization and three nonvoting members who shall be superior court judges appointed by the Judicial Council of Georgia. The Act also changes the number of voting members necessary to constitute a quorum. The Act amends O.C.G.A. Section 15-6-50.1. Effective July 1, 1997. Act 212; HB 524 This Act relates to the implementation of a state-wide uniform automated information system for real property records. The Act requires clerks of superior courts to participate in the state-wide uniform automated information system and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate data and requires clerks to use methods established by the authority in creating, managing, transmitting, printing, and revising a grantor-grantee index of real property records. The Act also authorizes the Georgia Superior Court Clerks' Cooperative Authority to re-create grantor and grantee indexes that exist prior to January 1, 1999, for the state-wide automated information system. Such indexes supplement and do not supersede the original county indexes. The Act extends the authority for the development and implementation of the state-wide automated information system until January 1, 2004. The Act also requires all liens or conveyances which are submitted for filing on or after July 1, 1998, to have a three-inch margin at the top to allow space for the superior court clerk's notation of the date of submission. The Act amends o.c.G.A. Sections 15-6-61, 15-6-66, and 15-6-99. Effective April 14, 1997. Veto No. 13; HB 433 al~tide coTrrhiidsoAr ctorfeqtuhieresChtahtatathoo ve also establishes a six-year against land surveyors. :,.' .(i t/tt:Jif The Act amends o.c.G.A. se i~1 i&l.D.c~ ta '"j i of n inlafnodrmaitnio~t.he stream The Act s for certa1n actions 30.2. Act 423; HB 347 This Act gives the state courts concurrent jurisdiction over offenses involving the possession of one ounce or less of marijuana. The Act also provides that the penalty for such offense shall be a misdemeanor. The Act amends o.c.G.A. Sections 15-7-4, 16-13-2, and 36-32-6. Effective April 29, 1997. Act 329; SB 313 This Act provides that nothing in O.C.G.A. Chapter 15-10, governing magistrate courts, shall prohibit employees of corporations or other legal entities from representing the entity in magistrate court. The Act also provides that the president of the Council of Magistrate Court Judges, with approval of the executive committee, shall appoint the five magistrates to serve on the Georgia Magistrate Courts Training Council. The Act amends o.c.G.A. Sections 15-10-43 and 15-10-132. Effective April 21, 1997. Act 494; SB 28 This Act includes many provisions relating to paternity and termination of parental rights. Among these is an extensive revision to Q.C.G.A. Section 19-8-12, relating to the rights of biological fathers who are not legal fathers in adoption proceedings. The Act amends O.C.G.A. Sections 15-11-2, 15-11-82, 15-11-83, 19-8-1, 19-8-12, 19-8-13, 19-8-23, and 19-11-9. Section 8 of the Act, relating to the putative father registry, is -10- TITLE 15 (continued) effective July 1, 1997. All other provisions of the Act are effective January 1, 1998. Act 399; SB 132 This Act enacts the "Juvenile Justice Act of 1997." The Act provides for e~clusive jurisdiction of the superior courts over the trial of certain fe'lony offenses involving juveniles and for the granting of bail or pretrial release in those cases. The Act also changes several provisions regarding the access to and the use of juvenile court records. The Act amends O.C.G.A. Sections 15-11-5, 15-11-14, 15-11-37, 15-11-38, 15-11-56.1, 15-11-58, 15-11-59, 16-5-23.1, and 16-10-52. Effective April 22, 1997. Act 493; SB 26 This Act provides for the jurisdiction of the juvenile court and of the superior court over petitions for the legitimation of a child. The Act provides for transfer of petitions from the superior court to the juvenile court, for the filing of petitions in juvenile court as to a child with respect to whom a deprivation petition has been filed, and for the transfer of a case to the superior court when a demand for jury trial has been properly filed. The Act amends O.C.G.A. Sections 15-11-5, 15-11-28, 15-11-58, 15-11-65, and 19-7-22. Effective July 1, 1997. Act 343; HB 126 This Act provides that periodic reviews of determinations that family reunification is inappropriate in the case of delinquent or unruly children shall occur at six-month intervals. The Act also reduces the duration of an extension by the court of an order on such a determination from two years to 12 months. The Act amends O.C.G.A. Section 15-11-41. Effective April 21, 1997. Act 294; HB 506 This Act provides that any law enforcement records and files regarding a juvenile and involving a criminal offense over which the superior court has exclusive jurisdiction under O.C.G.A. Section 15-11-5(b)(2) shall be kept and reported in the same manner as the records and files of an adult. The Act amends O.C.G.A. Section 15-11-59. Effective July 1, 1997. Act 451; HB 293 This Act changes the oaths administered to witnesses in criminal trials and in criminal cases before grand juries so as to eliminate a reference to the charges against the defendant in such oaths. The Act amends o.c.G.A. Sections 15-12-68 and 17-8-52. Effective July 1, 1997, and applicable to proceedings pending on July 1, 1997. Act 352; HB 397 This Act provides for a course of specialized training for new sheriffs at the Georgia Public Safety Training Center. Failure to attend the training results in the loss of power of arrest. The cost of the training is to be borne by the Georgia Sheriffs' Association from appropriated funds. The Act also relocates the annual training requirement for sheriffs from O.C.G.A. Section 15-16-1 to O.C.G.A. Section 15-16-3. The Act amends o.c.G.A. Sections 15-16-1 and 15-16-3. Effective July 1, 1997. -11- TITLE 15 (continued) Act 450; HB 289 This Act enacts the "Sheriff Offices' Nomenclature Act of 1997" and regulates the use of symbols, seals, badges, and other nomenclature associated with sheriffs' offices. The Act provides that such nomenclature may only be used in solicitation, advertising, publications, movies, and similar circumstances as authorized by a sheriff's office. The Act provides for injunctive relief and civil penalties, as well as for felony treatment of violators. The Act enacts O.C.G.A. Sections 15-16-50 through 15-16-59. Effective April 29, 1997. Act 413; HB 124 This Act revises the laws relating to personnel, administration, and budgeting for district attorneys' offices. The Act provides that district attorneys shall advise law enforcement officers as to sufficiency of evidence for warrants and similar matters and repeals the law relating to appointment of district attorneys as counsel for state officers charged with federal violations in the course of duty. The Act also changes the compensation of district attorneys to permit governing authorities to add salary supplements greater than those called for by local Acts. The Act specifies that all employees of the district attorneys' offices are judicial employees and enacts comprehensive compensation measures for district attorneys and their personnel. Other measures enacted by the Act include authorization of payment for travel expenses for district attorneys and their personnel; shifting filing fee responsibility in appeals to the Prosecuting Attorneys' Council; provision for uniform administrative, personnel, and travel rules; provision for victim assistance personnel subject to appropriation or availability of funds; and permitting third-year law students and law school instructors to serve as legal assistants to solicitors of municipal and recorders' courts. The Act also provides for setting salaries of solicitors-general of the state courts by local law and authorizes local governments to supplement those salaries. The Act enacts O.C.G.A. Sections 15-18-14.2 and 15-18-20.1 and amends O.C.G.A. Sections 15-18-6, 15-18-8, 15-18-10, 15-18-12, 15-18-13, 15-18-14, 15-18-14.1, 15-18-15, 15-18-17, 15-18-18, 15-18-19, 15-18-22, 15-18-40, and 15-18-67. Effective July 1, 1997, except for Section 8, concerning victim assistance personnel, which is effective July 1, 1998. Act 201; HB 324 This Act provides that the additional penalty imposed in criminal cases to provide funding for victim assistance programs shall apply to fines imposed for any criminal offense or any criminal ordinance violation by any court of this state or any municipality or political subdivision. The Act amends O.C.G.A. Section 15-21-131. Effective July 1, 1997, and applicable to offenses committed on or after July 1, 1997. Act 313; SB 133 This Act relates to court-annexed alternative dispute resolution (ADR). The Act changes the composition of boards of trustees of county funds for alternative dispute resolution programs and provides for immunity of members of such boards and other personnel acting in a policy-making capacity. The Act authorizes the boards to create nonprofit corporations for administering ADR programs and soliciting funding. The Act also makes several changes relating to the amount and scope of additional costs to be collected in civil actions to fund ADR programs and provides criteria for the screening of cases. The Act amends o.C.G.A. Sections 15-23-1, 15-23-3, 15-23-5, 15-23-6, 15-23-7, and 15-23-10. Effective January 1, 1998. -12- TITLE 16 CRIMES AND OFFENSES Act 321; SB 205 This Act provides that a simple battery or a battery committed upon a pregnant person shall be a misdemeanor of a high and aggravated nature. The Act amends o.c.G.A. Sections 16-5-23 and 16-5-23.1. Effective April 21, 1997. Act 3; SB 15 This Act amends the penalty provisions applicable to rape and aggravated sodomy so as to provide for minimum terms and to prohibit the suspension and probation and restrict the granting of parole and earned time for such terms. The Act amends O.C.G.A. Sections 16-6-1 and 16-6-2. Effective February 5, 1997. Act 484; HB 211 This Act provides that a court sentencing a person convicted of the aggravated molestation of a child 16 years of age or younger may require that such person be evaluated for the effectiveness of a certain type of chemical treatment upon his or her behavior and may require, as a condition of probation, that such person undergo such treatment. The Act provides that the State Board of Pardons and Paroles, when considering granting parole to a person convicted of the aggravated molestation of a child 16 years of age or younger, may require that such person be evaluated for the effectiveness of such chemical treatment upon his or her behavior and may require, as a condition of parole, that such person undergo such treatment. The Act amends O.C.G.A. Section 16-6-4 and enacts o.c.G.A. Section 42-9-44.2. Effective July 1, 1997. Act 185; HB 100 This Act provides that, for purposes of the offense of criminal trespass, a minor may not give permission to enter a parent's or guardian's property if the parent or guardian has previously given notice that such entry is forbidden or has given notice to depart. The Act amends O.C.G.A. Section 16-7-21. Effective July 1, 1997. Act 98; SB 227 This Act provides that it shall be unlawful to possess, transport, or receive a destructive device or explosive with knowledge that it will be used to kill or injure or to use any such device for such purpose. The Act provides that law enforcement or fire safety officers may take such action as is necessary to render safe an explosive device or other such device without prior leave of court. The Act amends o.c.G.A. Sections 16-7-88 and 16-7-95. Effective April 4, 1997. Act 38; HB 178 This Act reduces the threshold value of property for purposes of the offense of theft by conversion. The Act provides for the calculation of replacement costs and changes sentencing provisions relative to such offense. The Act amends o.c.G.A. Section 16-8-4. Effective April 4, 1997. Act 429; HB 423 This Act changes the sentencing provisions relative to the offense of shoplifting. The Act provides that upon the third conviction of such offense, the defendant may be confined to a special alternative -13- TITLE 16 (continued) incarceration-probation boot camp, probation detention center, diversion center, or other correctional facility and may be required to undergo psychological testing. The Act amends O.C.G.A. Section 16-8-14. Effective April 29, 1997. Act 330; SB 316 This Act provides that a person who conceals the death of another person shall be guilty of a felony and establishes a punishment for such offense. The Act amends O.C.G.A. Section 16-10-31. Effective April 21, 1997. Act 361; HB 620 This Act changes the definition of the offense of out-of-state-bail jumping and changes the penalty for such offense. The Act provides that the court may release a surety from liability where the principal uses a false name when bound over and committed to a facility unless the surety knew or should have known of that fact. The Act amends O.C.G.A. Sections 16-10-51 and 17-6-31. Effective July 1, 1997. Act 411; HB 105 This Act prohibits a judge, prosecuting a~t~rney, investigating officer, or law enforcement officer from recelvlng or agreelng to receive remuneration for a book or other commercial activity from the indictment of a defendant through the completion of direct appeal in any criminal case. The Act enacts O.C.G.A. Section 16-10-98. Effective July 1, 1997. Act 101; SB 247 This Act provides that a person licensed to carry a firearm may carry a firearm to any public gathering except certain enumerated public gatherings. The Act provides that the provisions of O.C.G.A. Sections 16-11-126 through 16-11-128, relating to restrictions upon carrying firearms and other weapons, shall not apply to any sheriff or deputy sheriff or any retired sheriff or deputy sheriff who is receiving benefits under the Peace Officers' Annuity and Benefit Fund. The Act amends O.C.G.A. Sections 16-11-127, 16-11-129, and 16-11-130. Effective July 1, 1997. Act 434; HB 447 This Act changes the times at which toll-free service established by the Georgia Bureau of Investigation for purposes of background checks for handgun purchases shall be in service. The Act provides that the provisions of state law relating to background investigations of purchasers of handguns shall not apply to a person pawning a handgun or reclaiming a handgun from pawn within 12 months after the initial pawn. The Act amends O.C.G.A. Sections 16-11-172, 16-11-177, and 16-11-181. Effective July 1, 1997. Act 282; SB 176 This Act provides that it shall be unlawful for the operator of a day-care center or similar facility to knowingly have a person convicted of certain serious offenses reside at, be domiciled at, or be employed at such facility. The Act provides that the license of any person who violates such provision shall be denied or revoked. The Act enacts o.C.G.A. Sections 16-12-1.1 and 49-5-65.1. Effective July 1, 1997. -14- TITLE 16 (continued) Act 270; SB 14 This Act provides that the prohibitions against manufacturing, processing, selling, possessing, and transporting gaming equipment shall not be applicable in those jurisdictions in which such items are legal. The Act amends o.c.G.A. Section 16-12-35. Effective July 1, 1997. Act 15; SB 357 This Act prohibits partial-birth abortions. The Act provides for a penalty. The Act provides for civil damages. The Act amends O.C.G.A. Section 16-12-141 and enacts O.C.G.A. Section 16-12-144. Effective July 1, 1997. Act 412; HB 111 This Act changes the listing of controlled substances and dangerous drugs. The Act provides penalties relating to flunitrazepam. The Act provides for the offenses of trafficking in methamphetamine or amphetamine and provides penalties. The Act amends O.C.G.A. Sections 16-13-26 through 16-13-28, 16-13-30, 16-13-31, and 16-13-71. Effective April 29, 1997. Act 260; SB 282 This Act clarifies a statement of legislative intent relative to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act." The Act amends O.C.G.A. Section 16-14-2. Effective April 14, 1997. TITLE 17 CRIMINAL PROCEDURE Act 314; SB 140 This Act provides that peace officers shall not be prosecuted for misdemeanors or felonies allegedly committed in the performance of duty without a grand jury indictment. The Act amends O.C.G.A. Section 17-7-52. Effective July 1, 1997. Act 470; SB 258 This Act provides that state inmates committing misdemeanors or high and aggravated misdemeanors within a state correctional institution may be punished by confinement within a Board of Corrections institution, or another institution as directed by the board, for up to 12 months. The Act amends O.C.G.A. Sections 17-10-3 and 17-10-4. Effective July 1, 1997. Veto No. 4; HB 1013 This Act provides determination that any or the Supreme Court and pr addition to previous statu respect to motions to exclu additional legal, investi potential may each potential judgments penalty cases may make a should be reviewed by eport shall identify, in le reversible error with nts, any motion for istance, and any other prosecutor and defendant to the Supreme Court on any of ex parte orders, decisions, or a separate ex parte application as set -15- TITLE 17 (continued) forth in the statute, and the substance thereof shall not be disclosed to opposing parties. The Act amends o.c.G.A. Section 17-10-35.1. Act 92; SB 90 . This Act makes victim compensation applicable to crimes committed against residents of this state in another state which has no victim compensation or less such compensation than Georgia provides, as well as in cases of international terrorism or mass violence. The Act extends compensation to those injured or killed, in addition to persons financially damaged by their injuries. The claim must now be made within one year, rather than 180 days. The Act amends o.c.G.A. Sections 17-15-2, 17-15-5, 17-15-7, and 17-15-8. Effective July 1, 1997. TITLE 18 DEBTOR AND CREDITOR Act 347; HB 307 This Act requires that additional information be provided on affidavits and summonses for garnishment and requires an additional attachment when the garnishment is served upon a financial institution, provides for the procedure for handling garnishment of a safe-deposit box, provides for relief from the penalties imposed for a failure to answer a summons of garnishment in certain specified situations, and provides for a clarification of the law relating to a garnishee financial institution's ability to receive payment for costs of answering the garnishment. The Act amends O.C.G.A. Sections 18-4-20, 18-4-66, 18-4-84, and 18-4-97 and enacts o.c.G.A. Section 18-4-92.1. Effective July 1, 1997. TITLE 19 DOMESTIC RELATIONS Act 489; HB 689 This Act authorizes federal judges to perform marriage ceremonies. The Act also provides that an application supplement-marriage report shall be prepared in connection with each marriage license which shall be transmitted to the state registrar of vital records. The Act amends O.C.G.A. Sections 19-3-30, 19-3-33, 19-3-34, 31-10-21, 31-10-23, and 31-10-25. Effective May 1, 1997. Act 491; HB 284 This Act revises substantially provisions of the Georgia Code relating to child support. The Act also changes provisions relating to alimony, petitions for legitimacy, and determinations of paternity. With respect to child support and alimony, the Act excludes judgments for child support and spousal support from statutes of limitation; provides that payments or installments of child support under a support order are judgments by operation of law; provides for continuing, exclusive jurisdiction by courts in Georgia for purposes of entering a child support order, modifying a domestic child support order, or modifying a foreign child support order and establishes concurrent jurisdiction among specific courts of Georgia; changes certain procedures relating to a rule nisi; authorizes a court and the commissioner of natural resources to order the suspension or denial of hunting or fishing licenses of persons not in compliance with an order for child support; provides that a separate order for income deduction shall be entered upon the entry of a judgment or order for spousal support or child support; authorizes the IV-D agency to issue an order for income deduction; -16- TITLE 19 (continued) provides that child support orders shall automatically become subject to withholding upon accrual of a 30 day arrearage; provides that contesting an income deduction order shall not stay its enforcement; changes the method of service of an income deduction order; provides for a method to attack fraudulent conveyances; provides for rescission of voluntary acknowledgments of paternity in the putative father registry; authorizes the IV-D agency to require entities in Georgia to disclose certain information about a child support obligor or obligee, including information about location, income, and credit status; requires employers doing business in Georgia to make certain reports to the Department of Human Resources; authorizes the IV-D agency to institute collection procedures for all child support arrearages; creates a lien in an amount sufficient to satisfy unpaid child support and provides for administrative and judicial review, perfection, priority, and expiration of such lien; authorizes the IV-D agency to levy upon property to satisfy such lien; authorizes the Department of Administrative Services to establish a computer based registry of account data obtained from financial institutions doing business in Georgia and establishes reporting requirements and penalties relating to the registry; establishes an administrative procedure by which the IV-D agency may levy and seize deposits at certain financial institutions; authorizes the Department of Human Resources to establish a computerized central registry for all support orders entered by any court or administrative tribunal of Georgia; adopts the "Uniform Interstate Family Support Act," effective January 1, 1998, to provide for matters relating to the enforcement of child support orders across state lines; provides that no new proceeding may be initiated under the "Uniform Reciprocal Enforcement of Support Act" on or after January 1, 1998; and provides for the duties of the child support receiver, district attorneys, assistant district attorneys, the Attorney General, and the Department of Human Resources relative to the foregoing. The Act provides for the issuance of an order for the legitimation of a child in certain proceedings to establish paternity. With respect to determinations of paternity, the Act provides that there is no trial by jury in paternity actions; authorizes the Office of State Administrative Hearings to adjudicate certain paternity actions; changes the requirements for service of process upon nonresidents; requires the court to order genetic tests to establish paternity upon motion by any party; provides for matters of proof in paternity actions; provides for voluntary acknowledgments of paternity and the legal effect of such acknowledgments upon registration with the Department of Human Resources; and provides for the issuance of temporary child support orders. The Act amends O.C.G.A. Sections 9-3-20, 9-12-60, 15-15-4, 15-18-14, 18-4-131, 19-6-17, 19-6-26, 19-6-28, 19-6-28.1, 19-6-31, 19-6-32, 19-6-33, 19-7-22, 19-7-40, 19-7-41, 19-7-43, 19-7-45, 19-7-46, 19-7-46.1, 19-7-49, 19-11-3, 19-11-9, 19-11-9.1, 19-11-9.2, 19-11-15, 19-11-18, 19-11-30, and 31-10-9.1. The Act enacts O.C.G.A. Sections 19-6-35, 19-7-46.2, 19-11-15.1, 19-11-30.1 through 19-11-30.11, 19-11-32 through 19-11-39, 19-11-40.5, 19-11-100 through 19-11-103, 19-11-110 through 19-11-118, 19-11-120 through 19-11-138, 19-11-140, 19-11-150 through 19-11-156, 19-11-160 through 19-11-173, 19-11-180, 19-11-185, 19-11-190, 19-11-191, and 27-2-25.2. Section 26 of the Act, amending O.C.G.A. Section 19-11-9.2, is effective May 5, 1997. Sections 16, amending O.C.G.A. Section 19-7-41, 32, enacting o.c.G.A. Section 19-11-40.5, and 33, enacting Article 3 of O.C.G.A. Chapter 19-11 of the Act are effective on January 1, 1998. All other provisions of the Act are effective on July 1, 1997. Act 477; SB 171 This Act provides that for family violence proceedings involving a nonresident respondent, the superior court where the petitioner resides or the superior court where the act of family violence allegedly occurred shall have jurisdiction. The Act further provides that it is a misdemeanor knowingly to disclose the location of a family violence shelter. The Act assigns the State Commission on Family Violence for administrative purposes only to the Administrative Office of the Courts. -17- TITLE 19 (continued) The Act amends O.C.G.A. Sections 19-13-2 and 19-13-31 and enacts o.c.G.A. Section 19-13-23. Effective July 1, 1997. TITLE 20 EDUCATION Act 397; SB 16 This Act designates Plains High School as the official Georgia state school. The Act enacts o.c.G.A. Section 20-1-6.1. Effective July 1, 1997. Act 271; SB 25 This Act provides for qualifications of the State School Superintendent. To be eligible to hold that office, a person must hold a four-year degree from an accredited college or university and not have been convicted of any crime involving moral turpitude. The Act amends o.c.G.A. Section 20-2-31. Effective July 1, 1997. Veto No. 9; HB 383 This Act provides for ~bursement fees and litigation cost i proceedings relating to uc i Act also changes the crit a 1 grants to middle schoo d regardless of the size of e personnel to carry firear . the state of reasonable attorneys' Dit of administration in in a state facility. The r language instruction for v local board of education, uthorize certain security The Act amends O.C.G.A. Sections 20-2-133, 20-2-290, and 20-8-5. Act 426; HB 393 This Act directs the State Board of Education to develop a comprehensive character education program for levels K-12, by the start of the 1997-98 school year. Local boards of education are authorized to implement the program, and the state board is directed to encourage its implementation. The Act enacts O.C.G.A. Section 20-2-145. Effective July 1, 1997. Act 428; HB 420 This Act includes several provLSLons relating to teachers and other educators. The Act increases, from 120 days to 200 days, the amount of time that a teacher, principal, or other certificated professional personnel may be employed under a temporary or provisional contract pending receipt of the results of a criminal record check. The Act also includes several amendments relating to the Professional Practices Commission, including provision for the appointment and duties of members emeritus of the Professional Practices Commission and changes to the commission's jurisdiction and sanctioning powers. The Act amends O.C.G.A. Sections 20-2-211, 20-2-792, 20-2-793, 20-2-796, and 20-2-797. Effe~tive July 1, 1997. Act 467; SB 21 This Act authorizes the use of state capital outlay funds for the renovation or modernization of certain educational facilities which are registered historic landmarks. The Act amends O.C.G.A. Section 20-2-260. Effective July 1, 1997. -18- TITLE 20 (continued) Act 45; HB 214 This Act directs the State School Superintendent to prepare a program of instruction in the correct use and display of the flag of the United States of America. The Act amends O.C.G.A. Section 20-2-310. Effective July 1, 1997. Act 492; SB 50 This Act directs the Department of Education to operate a state program designed to provide enhanced academic resources, community service activities, and other enrichment activities to middle school age children during nonschool hours. The Act addresses the goals of the program, its funding, and evaluations of its effectiveness. The Act enacts o.c.G.A. Section 20-2-312. Effective July 1, 1997. Act 328; SB 301 This Act relates to multiyear lease, purchase, or lease purchase contracts entered into by school systems. Under current law, annual payments under multiyear contracts and intergovernmental contracts may not exceed 7.5 percent of total local revenue collected for maintenance and operation of the school system for the previous fiscal year. This Act exempts from the 7.5 percent cap guaranteed energy savings contracts and contracts with other public educational entities for the education of students. The Act amends O.C.G.A. Section 20-2-506. Effective July 1, 1997. Act 398; HB 180 This Act requires a transferring student in grades 7 and higher to present a certified copy of his or her academic transcript and disciplinary record from the school previously attended. In lieu of this requirement, the student may authorize the school last attended to release all academic and disciplinary records to the new school. The release must indicate whether the student has been adjudicated guilty of a designated felony act and whether the student is currently serving a suspension or expulsion from another school. The Act requires any court which finds that a juvenile has committed a designated felony act to notify certain schools of that finding. The Act also directs school administrators to notify a student's teachers if the administrator learns that a student has committed a designated felony act and provides for the teachers' review of the student's disciplinary file. The Act enacts O.C.G.A. Sections 20-2-670 and 20-2-671 and amends O.C.G.A. Section 15-11-37. Effective July 1, 1997. Act 440; HB 567 This Act enacts the school Safety Act." Among its provisions is a requirement that a superior court send written notice to the school superintendent of the school in which a person is enrolled (or will be enrolled in the future, if known) when (1) a person who is 17 years of age or older is convicted of a felony or (2) a person who is 13 to 17 years of age is convicted of or adjudicated delinquent of murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, or armed robbery with a firearm. The notice must include the specific criminal offense of which the person was convicted or adjudicated delinquent. The Act states that the local school system may request further information from the court's file. The Act also authorizes certain teachers and certificated professional personnel to review information received from the superior court and other sources. The Act enacts o.c.G.A. Sections 15-6-36, 20-2-751.3, 20-2-768 through -19- TITLE 20 (continued) 20-2-770, and 20-2-1001. The Act amends O.C.G.A. Sections 15-11-5, 20-2-751.2, 20-2-754, 20-2-756, 20-2-759, and 20-2-1000. Effective July 1, 1997. Act 197; HB 299 This Act addresses issues relating to unused sick and personal leave accumulated by certain personnel who transfer employment from a local board of education to the state Department of Education, and vice versa. The Act amends O.C.G.A. Section 20-2-850. Effective July 1, 1997. Veto No. 11; HB 914 ~ This Act authorizes the program of scholarship Gg ,.J}'isb~.;. :S;ot,c;''!ent scholarship years at Georgia '. 1: r C F i;an ~n""t1 cOl'$~wpb . t hority have to administer a completed two The Act enacts O.C.G.A. Se o 2 3 t o ..' 20-3-492. TITLE 21 ELECTIONS Act 32; HB 128 This Act provides that the Secretary of State is authorized to include in the proposed constitutional amendment summary an explanation of state-wide referendum questions and other explanatory material. The Act amends o.C.G.A. Section 21-1-2. Effective July 1, 1997. Act 256; HB 635 This Act enacts a large number of technical housekeeping amendments to the general election code. The provisions of the Act accomplish the following: remove the authority of the Secretary of State to designate hearing officers in certain candidate qualification challenge proceedings; provide that certain time periods applicable to primaries and elections generally include Saturdays, Sundays, and legal holidays; provide for a mechanism for resignation from and filling of vacancies on boards of counties having no board of elections and in which the judge of probate court is a candidate; amend provisions relating to terms of service on such boards; change the method of determining the distribution of qualifying fees in primaries and elections generally; change the inclusive dates of notification of intent for write-in candidates for general and special elections; provide for the time of qualification of candidates for presidential elector; provide that the state executive committee of a party may fill a vacancy in any party nomination; change provisions relating to the presidential candidate selection committee and the certification of candidates; delete certain provisions relating only to the 1992 and 1996 primaries; provide that the Secretary of State and election superintendents shall reject nominating petition signatures and pages not in conformance with law; change certain provisions relating to form and submission of such petitions; change certain provisions relating to absentee ballots; provide for certain changes in the procedures relating to registration of voters, precinct cards, and the official list of voters; change certain provisions relating to ballot labels in nonpartisan primaries; provide for separate vote recorders for each party in primaries; authorize nonpartisan poll watchers and incorporate certain State Election Board rules into the provisions governing poll watchers; make certain provisions governing general primary qualification applicable to special primaries; amend certain provisions relating to nomination in nonpartisan primaries; provide for setting the date of second primaries, elections, and runoffs in contested general primaries, elections, and runoffs; amend certain procedures relating to appeals of judgments in such contests; clarify certain provisions relating to dates of special primaries and special -20- TITLE 21 (continued) elections generally; change certain provisions regarding the printing of certain candidates' names on election ballots and ballot labels in elections and primaries generally; provide for public access to polling places during the official count; require entry of credit for voting within a certain period; and permit the destruction of unused ballots under certain circumstances. The Act amends O.C.G.A. Chapter 21-2. Effective April 14, 1997. Act 257; HB 889 This Act enacts several revisions to the general and municipal election codes. The Act drops the age requirement for poll workers to 16, provides for removal of inactive voters from voting lists under certain procedures and limitations, provides for the mailing of absentee ballots for all elections in an election year to elderly or disabled persons upon one timely application, and provides that absentee ballots and their envelopes shall bear certain election fraud warnings. The Act amends O.C.G.A. Sections 21-2-92, 21-2-234, 21-2-235, 21-2-381, 21-2-383, 21-2-384, 21-3-34, 21-3-283, and 21-3-284. Effective January 1, 1998. Act 4; HB 246 This Act removes the 75 word limit on ballot questions on general and municipal ballots. The Act amends o.c.G.A. Sections 21-2-325 and 21-3-225. Effective February 11, 1997. Act 258; SB 273 This Act requires general and municipal election officials to verify signatures or marks on absentee ballot oaths against the absentee ballot application and to check identification of voters appearing to vote in person. The Act enumerates the 14 types of acceptable identification and provides that a voter not having any of the listed types may vote after signing a statement under oath of his or her identity. Falsely swearing to this oath is designated a felony. The Act amends o.c.G.A. Sections 21-2-381, 21-2-386, 21-3-283, and 21-3-286 and enacts O.C.G.A. Sections 21-2-417 and 21-3-328. Effective January 1, 1998. Act 199; HB 309 This Act provides that the General Assembly is authorized to provide by local law to change previously enacted two-year municipal terms of office to four-year terms, to provide for staggering of terms, and to provide for other procedures necessary for transition to four-year terms. The Act amends o.c.G.A. Section 21-3-64. Effective July 1, 1997. Act 392; HB 19 This Act provides that municipal election superintendents shall designate a qualifying period, which shall not be less than three nor more than five consecutive days. The Act amends o.c.G.A. Section 21-3-91. Effective July 1, 1997. TITLE 24 EVIDENCE Act 348; HB 325 This Act provides for admissibility of signed medical reports in -21- TITLE 24 (continued) narrative form in civil cases involving injury or disease. The report must be provided to the adverse party at least 60 days prior to trial. The opposing party may object within 15 days of receiving the report and may cross-examine the person signing the report and introduce rebuttal testimony. The Act enacts o.c.G.A. Section 24-3-18. Effective July 1, 1997. TITLE 25 FIRE PROTECTION AND SAFETY Act 102; SB 269 This Act includes authorities under the definition of "corporation" relating to blasting or excavation near underground gas pipes and utility facilities. The Act amends o.c.G.A. Section 25-9-2. Effective July 1, 1997. Act 496; HB 505 This Act modifies the "Georgia Fire Sprinkler Act." The Act provides for promulgation by the Georgia Safety Fire Commissioner of specific rules and regulations for issuance of certificates of competency to individuals to design, install, maintain, and inspect fire sprinkler systems. The Act also provides for the issuance of licenses to fire protection sprinkler contractors, designers, and inspectors. Every sprinkler contractor must employ a certificate holder, and only qualified contractors and certificate holders may install or modify such systems. Shop drawings shall be reviewed by a certificate holder, and only licensed designers may prepare them for review. Inspections of such systems may be made only by licensed inspectors, certificate holders, or owner representatives who have proved their competency. The Act provides for fines and revocation of licenses and certificates for violations and provides an exemption for small or single-family-dwelling systems. The Act amends o.c.G.A. Chapter 25-11. Effective July 1, 1997. Act 206; HB 415 This Act removes the requirement of licensing under O.C.G.A. Chapter 25-12 for firms or governmental entities which engage in installing and servicing fire extinguishers which they own on property which they control. The Act also removes the permit requirement for employees of such firms and governmental entities engaged in installing and servicing fire extinguishers. The Act amends O.C.G.A. Sections 25-12-1 and 25-12-8. Effective July 1, 1997. TITLE 26 FOOD, DRUGS, AND COSMETICS Act 298; HB 474 This Act requires that any person who, in the ordinary course of business in a food service establishment, prepares food which is to be consumed by humans, shall wear, when preparing food, appropriate hair nets or hats or restraints to prevent contamination of such food. The Act provides for civil penalties and notifications. The Act enacts o.c.G.A. Section 26-2-373.1. Effective July 1, 1997. -22- TITLE 27 GAME AND FISH Act 44; HB 212 This Act extends the moratorium on new crabbing licenses to July 1, 1998. The Act also limits the number of traps which a licensee may set to 300 and prohibits the use of trap identification floats which are not actually attached to traps. The Act amends o.c.G.A. Sections 27-4-150 and 27-4-151. ~ Effective July 1, 1997. TITLE 28 GENERAL ASSEMBLY Act 410; HB 98 This Act provides for additional types of bills which shall be classified as prohibited population bills. The Act prohibits the use of population bills to set the salary of any officer, official, or employee of a county, municipality, or other political subdivision except as provided by state-wide minimum salary bills for county officers and prohibits the use of population bills to affect the property, affairs, or operation of the governing authority of a county or municipality, including municipal annexation, deannexation, incorporation, or dissolution. The Act amends O.C.G.A. Section 28-1-15. Effective July 1, 1997. Act 22; HB 958 This Act reapportions the Georgia House of Representatives and describes the legislative districts from which members shall be elected in 1998 to take office in 1999. The Act amends O.C.G.A. Section 28-2-1. Effective upon preclearance from the United State Attorney General. The Act provides for its repeal if not precleared within 30 days of the date it is submitted to the U.S. Department of Justice. Act 21; SB 382 This Act reapportions the Georgia Senate and describes the legislative districts from which members shall be elected in 1998 to take office in 1999. The Act amends O.C.G.A. Section 28-2-2. Effective upon preclearance from the United States Attorney General. The Act provides for its repeal if not precleared within 30 days of the date it is submitted to the U.S. Department of Justice. TITLE 29 GUARDIAN AND WARD Act 320; SB 182 This Act changes the provisions regarding the sale, lease, or other disposition of a ward's property by the guardian of the ward, provides for expenses for bringing certain petitions,:changes provisions regarding the guardian's inventory and appraisements, changes the provisions relating to evaluations for guardianships, and provides for actions by wards. The Act amends o.c.G.A. Sections 29-2-2, 29-2-4 through 29-2-9, 29-2-24, 29-5-4, 29-5-6, 29-5-7, and 29-5-9 and repeals o.c.G.A. Sections 29-2-10.1 through 29-2-10.17 and 29-2-25 through 29-2-31. The amendments to o.c.G.A. Sections 29-2-2, 29-5-6, 29-5-7, and 29-5-9 become effective July 1, 1997. The remaining amendments become effective January 1, 1998. -23- TITLE 30 HANDICAPPED PERSONS Act 278; SB 127 This Act allows warrantless arrests in cases of abuse of vulnerable adults, calls for police training regarding such crimes, and defines "vulnerable adult.'' The Act also includes elder persons in the "Disabled Adults Protection Act" and defines the term "elder person." The Act changes the requirement that certain financial institution personnel report suspected exploitation of disabled adults and elder persons by limiting the reporting to assets the employee is holding or managing in a fiduciary capacity where the employee is a fiduciary. The Act extends civil and criminal immunity to such reports where made in good faith. The Act provides that it does not create any new cause of action with respect to employment of disabled adults or elder persons. The Act amends O.C.G.A. Sections 17-4-20 and 30-5-1 through 30-5-8 and enacts o.c.G.A. Section 30-5-9. Effective January 1, 1998. Act 219; HB 650 This Act changes a definition relating to community trusts for persons with impairments, changes the terms and conditions for such trusts, changes the provisions regarding distributions from and uses of such trusts, and changes the provisions relating to rights and liabilities of cotrustees and successor trustees. The Act amends O.C.G.A. Sections 30-10-2, 30-10-6, 30-10-7, and 30-10-8. Effective July 1, 1997. TITLE 31 HEALTH Act 486; SB 254 This Act enacts the "Patient Access to Eye Care Act" requiring that health care insurers who provide health benefit plans which include eye care benefits not discriminate against classes of eye care providers in such plans and provides for injunctive relief and damages. The Act amends O.C.G.A. Section 31-3-3.1 and enacts O.C.G.A. Sections 31-1-20 through 31-1-22. Effective July 1, 1997. Act 280; SB 165 This Act authorizes the Department of Human Resources to adopt regulations for on-site sewage management systems, authorizes county boards of health to adopt regulations governing the installation of such systems, and prohibits the issuance of building permits for structures to be served by sewage management systems unless the systems conform with those regulations. The Act amends O.C.G.A. Sections 31-2-7, 31-3-5, and 31-3-5.1. Effective April 14, 1997. Act 196; HB 295 This Act exempts injunction cases for violation of Department of Human Resources licensing requirements from the automatic supersedeas provisions of O.C.G.A. Section 5-6-13 and provides for enforcement of such injunction orders by attachment for contempt. The Act amends o.C.G.A. Section 31-5-9. Effective January 1, 1998. Act 432; HB 445 This Act provides for the right, powers, benefits and purposes of nonprofit corporations formed, created, or operated by or on behalf of hospital authorities and provides for conflicts of interest of directors of -24- TITLE 31 (continued) such corporations and for reports by such corporations. The Act also provides for the disclosure of certain interests of members of hospital authorities and limits their transacting business with such authorities, provides for oaths of such members, restricts the sale or lease of hospitals owned by such authorities, and provides for community benefits reports and reports of certain business transactions by such authorities. The Act amends o.c.G.A. Section 31-7-74 and enacts O.C.G.A. Sections ~4-3-305, 31-7-74.1, 31-7-74.2, 31-7-74.3, and 31-7-90.1. Effective July 1, 1997. Act 324; SB 219 This Act prohibits hospitals from denying staff privileges to medical doctors, doctors of podiatric medicine, doctors of osteopathy, or doctors of dentistry based solely upon such person's license, board certification, or specialty membership. The Act also changes the provisions relating to appointment of health service provider psychologists to the staffs of medical facilities and their powers and duties, provides for the execution of the orders of such psychologists, and changes the provisions relating to use of physical restraints upon hospitalized mentally ill, mentally retarded, or alcoholic or drug dependent persons. The Act amends O.C.G.A. Sections 31-7-160, 31-7-161, 37-3-165, 37-4-124, and 37-7-165 and enacts O.C.G.A. Section 31-7-7.1. Effective July 1, 1997. Act 403; HB 600 This Act requires that hospital authorities and nonprofit corporations which own, control, or operate hospitals follow certain procedures when disposing of those hospitals and requires certain notices and disclosures and provides for public hearings by the Attorney General in connection with such dispositions. The Act enacts O.C.G.A. Section 31-7-89.1 and Article 15 of O.C.G.A. Chapter 31-7. Effective October 31, 1997. Act 452; HB 297 This Act authorizes hospital authorities to make certain investments and grants, scholarships, and loans. The Act amends O.C.G.A. Section 31-7-114. Effective July 1, 1997. Act 226; HB 830 This Act exempts certain senior volunteer programs from the licensing requirements of private home care providers. The Act amends O.C.G.A. Section 31-7-305. Effective July 1, 1997. Act 52; HB 277 This Act provides for enforcement powers regarding the emergency medical services program. The Act amends O.C.G.A. Section 31-11-9. Effective July 1, 1997. Act 322; SB 209 This Act prohibits insurers, health maintenance organizations, private health benefit plans, and managed care entities from denying payment for certain medical interventions for emergency conditions or when prospective authorization therefor has been given. The Act amends O.C.G.A. Sections 31-11-82 and 33-20A-9. Effective July 1, 1997. -25- TITLE 31 (continued) Act 444; HB 651 This Act requires that any person who provides care to another person, other than in a hospital, notify a relative of such other person or notify a coroner or law enforcement agency of that other person's death within six hours after the discovery of that death. The Act amends O.C.G.A. Section 31-21-44.1. Effective July 1, 1997. Act 415; HB 127 This Act repeals the laws regulating the manufacture and sale of bedding in this state. The Act repeals O.C.G.A. Sections 31-25-1 through 31-25-13. Effective July 1, 1997. TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES Act 277; SB 120 This Act increases from $20,000.00 to $50,000.00 the contract amount for which the Department of Transportation may execute a negotiated contract. The Act amends O.C.G.A. Section 32-2-61. Effective July 1, 1997. Act 362; HB 621 This Act continues the Council on Rural Transportation and Economic Development through March 31, 2000, and authorizes the council to study the Developmental Highway System's impact on economic development. The Act amends O.C.G.A. Section 32-4-23. Effective April 21, 1997. Act 488; SB 116 This Act adds vehicles fueled by alternative fuels to the list of vehicles for which the Department of Transportation is authorized to designate travel lanes. The Act also provides for availability of special license plates for such vehicles. The Act amends O.C.G.A. Sections 32-9-4 and 40-2-76. Effective July 1, 1997. TITLE 33 INSURANCE Act 409; HB 97 This Act changes the provisions regarding fraudulent insurance claims, insurance licenses fees, licensing of insurance agencies and filings, applications, and information requirements relating thereto, and records of insurance transactions. The Act amends O.C.G.A. Sections 33-1-9, 33-8-1, 33-23-3, 33-23-4, 33-23-5, 33-23-8, 33-23-11, 33-23-21, 33-23-23, 33-23-33, 33-23-34, and 33-23-45. Eft"ective July 1, 1997. Act 446; HB 654 This Act conforms the state's laws relating to conversion and continuation of group accident and sickness insurance to the requirements of the federal Health Insurance Portability and Accountability Act of 1996, provides that persons who have been covered for specified periods of time by health insurance will be eligible, upon termination of such coverage -26- TITLE 33 (continued) except for nonpayment of premium or fraud, to convert to individual or group policies without evidence of insurability, provides for premiums for converted policies, and requires insurers who issue individual accident and sickness policies to renew or continue them, subject to timely premium payment, at the option of the insured. The Act also provides for systems of assignment of certain eligible individuals without other health coverage to health insurers and managed care organizations, changes the scope and applicability of laws relating to group health insurance, changes the provisions relating to ratings of small groups for health insurance, and changes provisions relating to waiting periods for coverage under group health coverage. The Act amends o.c.G.A. Sections 33-2-9, 33-24-21.1, 33-30-1, 33-30-12, and 33-30-15 and enacts O.C.G.A. Sections 33-29-21 and 33-30-1.1 and o.c.G.A. Chapter 33-29A. The provisions of the Act relating to group health insurance continuation and conversion privileges and relating to assignment systems for eligible individuals become effective January 1, 1998. The remaining provisions become effective July 1, 1997. Act 265; SB 356 This Act exempts surplus line brokers from certain rating requirements, changes the priority of distribution of claims from an insurer's estate, provides for replacing existing life insurance with new life insurance exceeding the insurance being surrendered, and provides for rates and forms for medical payments coverage for insurers writing private passenger automobile insurance. The Act amends O.C.G.A. Sections 33-5-22, 33-34-2, and 33-37-41 and enacts O.C.G.A. Sections 33-5-21.1, 33-24-6.1, and 33-34-3.1. The provisions changing the priority of distribution of claims from an insurer's estate apply to all claims filed in proceedings to liquidate an insurer if the proceeding is pending on July 1, 1997, or commenced on or after July 1, 1997. The remaining provisions become effective July 1, 1997. Act 209; HB 492 This Act changes the purposes for which expenditures may be made of insurance premium taxes received by counties. The Act amends o.c.G.A. Section 33-8-8.3. Effective January 1, 1998, and applicable to all fiscal years beginning on or after that date. Act 336; SB 376 This Act provides for investigations of complaints filed against insurers and workers' compensation group self-insurance funds and provides for costs and penalties relating thereto. The Act amends o.c.G.A. Section 33-9-40.1. Effective July 1, 1997. Act 485; HB 584 This Act exempts surplus line brokers from certain insurance rating and other requirements, changes the provisions relating to workers' compensation ~nsurance premium discounts for insureds with drug-free workplace programs, and changes the priority of distribution of claims from an insurer's estate. The Act amends O.C.G.A. Sections 33-9-40.2, 33-37-41, and 34-9-412 and enacts o.c.G.A. Section 33-5-21.1. The provisions changing the priority of distribution of claims from an insurer's estate apply to all claims filed in proceedings to liquidate an insurer if the proceeding is pending on July 1, 1997, or commenced on or after July 1, 1997. The remaining provisions become effective July 1, 1997. -27- TITLE 33 (continued) Act 301; HB 355 This Act provides for authorized investments by insurers in certain foreign governmental bonds and other securities. The Act enacts O.C.G.A. Section 33-11-12.1. Effective July 1, 1997. Act 391; HB 573 This Act allows insurers to acquire investments in investment pools under specified conditions. The Act also changes the date an exception expires regarding taxicab self-insurers. The Act enacts O.C.G.A. Chapter 33-llA and amends o.c.G.A. Section 40-9-101. Effective April 22, 1997. Act 259; SB 280 This Act provides for reimbursement of medical expenses and disability benefits paid by an insurer or other benefit provider in cases in which an injured insured person has been fully compensated for all economic and noneconomic damages, prohibits subrogation for such expenses and benefits by the benefit provider against the person at fault, prohibits the benefit provider from reducing or withholding as a setoff for such reimbursement the amount for which it is liable under an insured party's coverage, provides for notices of claims for recovery and reimbursement, and excludes recovery rights of the Department of Medical Assistance and certain workers' compensation subrogation rights. The Act enacts O.C.G.A. Section 33-24-56.1. Effective July 1, 1997. Act 400; SB 93 This Act authorizes the formation and operation of nonprofit health plan purchasing cooperatives to furnish, through contractual arrangements with insurers and others, selected health benefit plans for certain small employers within particular geographic areas of the state, authorizes such cooperatives to offer other related employee benefits and services to its members and to include as members certain employers who are not small employers, and provides for requirements and standards for such cooperatives and for regulation by the Commissioner of Insurance. The Act enacts O.C.G.A. Chapter 33-30A. Effective July 1, 1997. TITLE 34 LABOR AND INDUSTRIAL RELATIONS Act 317; SB 148 This Act amends O.C.G.A. Chapter 34-8, known as the "Employment Security Law," so as to change the provisions relating to the authority of the Commissioner of Labor to estimate contributions due from employers. The Act changes the provisions relating to grounds for disqualification of benefits and provides that it shall be the public policy of the state that the use of certain controlled substances, marijuana, or dangerous drugs by employees shall constitute grounds for disqualification of benefits for such misconduct. The Act further provides that it shall not be necessary for an employer to independently adopt or publish its drug-free workplace policy. The Act provides for the deduction and withholding of certain unemployment compensation payable to an individual who owes an uncollected overi~suance pursuant to the federal Food Stamp Act of 1977, as amended. The Act defines the terms "uncollected overissuance" and "unemployment compensation" and provides for certain disclosures with respect to uncollected overissuances. The Act provides for payments of amounts deducted to the Department of Human Resources or the successor state food -28- TITLE 34 (continued) stamp agency. The Act provides that the provlSlons of the Act relating to the deduction and withholding of certain unemployment compensation payable to an individual who owes an uncollected overissuance shall apply only if arrangements have been made for reimbursement of the administrative costs incurred by the Commissioner of Labor which are attributable to the repayment of uncollected overissuances. Finally, the Act provides for the .repeal of the Act amending o.c.G.A. Chapter 34-10, relating to labor pools, ..on July 1, 2000, if funds have not been appropriated 'before such date. The Act amends o.c.G.A. Sections 34-8-153, 34-8-170, and 34-8-199 and an Act amending O.C.G.A. Chapter 34-10, approved April 13, 1994 (Ga. L. 1994, p. 1152). Effective July 1, 1997. Act 296; HB 460 This Act changes provlSlons relating to the State-wide Reserve Ratio by providing that, for any calendar year with respect to which the State-wide Reserve Ratio shall equal or exceed 2.1 percent, contribution rates shall be reduced for the succeeding year by a certain percentage. The Act provides a formula for the calculation of such percentage. The Act further provides that contribution rates shall not be reduced below the level which will produce a contribution rate of 5.4 percent for a maximum deficit reserve account and that the reduction in contribution rates shall be valid for the succeeding calendar year only. The Act changes the provision relating to the determination of the weekly benefit of an individual's claim. The Act amends O.C.G.A. Sections 34-8-156 and 34-8-193. Effective July 1, 1997. Act 286; SB 263 This Act qualifies certain sports officials as independent contractors and not as employees in relation to workers' compensation. The term "sports official" refers to any neutral participant in a sports event such as umpire, referee, judge, linesman, scorekeeper, or timekeeper. The Act amends O.C.G.A. Section 34-9-2. Effective July 1, 1997. Act 420; HB 331 This Act includes reasonable attorneys' fees as a specific cost of collection of any civil penalty assessed against a party by the State Board of Workers' Compensation. The Act gives the fraud and compliance unit of the board the power to execute search and arrest warrants and to serve subpoenas. The Act also provides protection against civil and criminal liability to third parties who provide information concerning alleged fraud or noncompliance at the request of the board. The Act authorizes the board to set venue for a hearing in any county within 50 miles of the injury and increases the time for the superior courts to hear an appeal of a decision of the full board to 60 days from the date of docketing with the superior court. The Act further grants the board the authority to regulate third-party administrators and servicing agents who manage workers' compensation claims for self-insured employers. The Act increases the maximum temporary total disability payment from $300.00 per week to $325.00 per week and increases the maximum temporary partial disability payment from $192.50 per week to $216.67 per week. The Act amends o.C.G.A. Sections 34-9-18, 34-9-24, 34-9-102, 34-9-105, 34-9-121, 34-9-200.1, 34-9-205, 34-9-261, and 34-9-262. Effective July 1, 1997. Act 191; HB 213 This Act provides for the Department of Labor a supplemental appropriation out of funds credited to and held in the state's account in the Unemployment Trust Fund in an additional amount of $585,100.00. Effective April 14, 1997. -29- TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES Act 453; HB 326 This Act amends O.C.G.A. Section 35-1-8 to provide that any law enforcement agency which receives a report that a person who has Alzheimer's disease or other mental illness involving dementia is missing shall immediately open an investigation for the purpose of determining such person's whereabouts; and no policy for applying any waiting period prior 'to initiation of a missing person's investigation shall apply in such cases. Effective July 1, 1997. Act 448; HB 673 This Act provides for the transfer of certain powers and duties relating to the training of peace officers and the funding therefor from the Georgia Peace Officer Standards and Training Council to the Georgia Public Safety Training Center. The Act adds the director of investigation of the Georgia Bureau of Investigation to the membership of the Georgia Peace Officer Standards and Training Council. The Act further includes certain employees of municipal correctional institutions authorized to exercise arrest powers in the definition of "peace officer" and includes municipal correctional institutions in the definition of "law enforcement unit" with respect to the training and certification of peace officers. The Act amends O.C.G.A. Sections 35-1-10, 35-5-5, 35-8-2, 35-8-3, 35-8-7, 35-8-9, 35-8-20, 35-8-20.1, and 35-8-23. Effective April 29, 1997, provided that the provisions amending a 1995 Act which becomes effective upon specific appropriations shall become effective upon the same date that the 1995 Act becomes effective. Act 315; SB 141 This Act repeals certain provisions relating to term of service of officers, troopers, communications officers, and licensed examiners of the Department of Public Safety and grounds and procedures for discharge and repeals certain provisions relating to suspension of members of the Georgia State Patrol. The Act further provides that all officers, troopers, communications officers, and driver's license examiners who are in the classified service of the state merit system may be dismissed or suspended pending dismissal from their employment with the Department of Public Safety only in accordance with O.C.G.A. Chapter 45-20 and the rules and regulations promulgated thereunder. The Act amends O.C.G.A. Sections 35-2-46 and 35-2-47. Effective April 21, 1997. Act 439; HB 557 This Act enacts the "Georgia Forensic Sciences Act of 1997," which substantially consolidates and revises the laws relating to the Division of Forensic Sciences of the Georgia Bureau of Investigation and forensic testing of evidence. The Act provides for the duties and responsibilities of the Division of Forensic Sciences, the appointment, duties, and responsibilities of the director of the division, and the appointment, duties, and responsibilities of the chief medical examiner and for the official custodians of records of such division. The Act provides for the establishment of uniform procedures for tests to determine the presence of alcohol, drugs, or other substances in a person's breath, blood, urine, or other bodily substances and provides for rules relating to equipment and training. The Act provides for the condition of admissibility of and evidentiary effect of certain reports of forensic tests and provides for objections, determinations by the court, and examination of witnesses. The Act changes the title of the state medical examiner to the chief medical examiner and provides for the appointment under certain conditions of local and regional examiners who shall be licensed physicians or pathologists. The Act provides for the continuation in office of previously appointed medical examiners and the continued payment of certain fees. The Act provides, subject to the availability of funds, for the transportation of a -30- TITLE 35 (continued) deceased person to and from the site of the autopsy if such autopsy is to be performed by a state or regional medical examiner employed by the state. The Act further provides procedures relating to deaths resulting from accidents involving civil aviation, changes provisions relating to moving a body across a state line, and changes the provisions relating to obtaining blood samples where a person is unable to consent. The Act repeals o.c.G.A. Sections 35-3-14, 35-3-15, and 35-3-16; enacts o.c.G.A. Sections 35-3-150 through 35-3-155; and amends O.C.G.A. Sections 45-16-21, 45-16-22, 45-16-25, 45-16-27, 45-16-29, 45-16-30, and 45-16-46. Effective May 1, 1997. Act 417; HB 183 This Act amends O.C.G.A. Section 35-3-37 to provide that after an individual has been arrested, if the offense is not referred to the prosecuting attorney or if the prosecuting attorney dismisses the charges without seeking an indictment or accusation, such individual may be entitled to have the records of such arrest expunged. The Act provides procedures for requesting expungement of records, fees to cover the costs of law enforcement agencies to expunge records, review by the proper prosecuting attorney, and criteria for expungement. The Act provides for the destruction of certain records if the records qualify for expungement and provides for the preservation of certain records to conform to constitutional requirements under Brady v. Maryland. The Act provides that the Georgia Crime Information Center shall restrict access to the criminal history of a person relating to records which have been expunged by the original agency. The Act provides that certain records shall be available to certain criminal justice officials under certain conditions. The Act provides for actions to enforce certain rights under the Act and provides for the award of reasonable court costs and attorney's fees in certain cases. The Act provides for appeals by the prosecuting attorney in cases where the recommendation of the prosecuting attorney is not followed and provides procedures for expungement of criminal records in certain cases where there has been an indictment or accusation. Effective July 1, 1997. Act 40; HB 187 This Act amends o.c.G.A. Section 35-6A-3 to add the director of the Georgia Indigent Defense Council to the membership of the Criminal Justice Coordinating Council. Effective July 1, 1997. Act 223; HB 755 This Act changes the definitions of the terms "law enforcement unit" and ''peace officer" under the Georgia Peace Officer Standards and Training Act to include the Department of Children and Youth Services for the purpose of certain personnel authorized to exercise the power of arrest in connection with the custody, care, and control of delinquent children. The Act further authorizes the commissioner of youth services to designate certain law enforcement units and to designate as peace officers certain employees of the department and certain employees of entities which contract with the department. The Act amends O.C.G.A. Sections 35-8-2 and 49-4A-8. Effective July 1, 1997. Act 194; HB 288 This Act provides that the training required of police chiefs shall be completed in sessions as selected and provided or approved by the Georgia Association of Chiefs of Police or the Georgia Prison Wardens Association and which have been recognized by the Georgia Peace Officer Standards and Training Council. The Act further provides that a waiver of the requirement of training may be granted if a newly appointed chief of police has served as an appointed chief of police or head of a law enforcement unit since -31- TITLE 35 (continued) December 31, 1992, without more than a 60 day break in service, or has satisfactorily completed training or education deemed by the council to be equivalent to the training required by law. The Act amends O.C.G.A. Sections 35-8-20 and 35-8-20.1. Effective April 14, 1997. Act 20; SB 173 This Act amends O.C.G.A. Section 35-8-25 to change the designation of certain bomb technicians and to include in mutual aid agreements certain emergency medical technicians or emergency medical professionals who provide medical support of explosive ordnance disposal operations. The Act further exempts certain training and technical materials relating to bombs and explosives from public disclosure except in limited circumstances to prevent a manifest injustice where such information is not available from other sources. Effective March 28, 1997. TITLE 36 LOCAL GOVERNMENT Act 27; HB 54 This Act changes the membership of the boards of trustees of county law libraries and provides that library funds may be used to establish and maintain codification of county ordinances. The Act also provides that excess library funds may be granted to charitable tax-exempt organizations which provide civil legal representation for low-income people. In addition, the Act provides for jurisdiction in municipal courts of unified or consolidated governments over misdemeanors if certain conditions are met. The Act amends O.C.G.A. Sections 36-15-1, 36-15-7, and 36-15-9 and enacts O.C.G.A. Section 36-32-10.2. Subsection (c) of amended O.C.G.A. Section 36-15-7, as set out in Section 2 of the Act, shall become effective on January 1, 1998; Section 5 shall become effective on April 4, 1997; and the remainder of the Act shall become effective on July 1, 1997. Act 309; SB 113 This Act provides that in addition to reapportionment following publication of the decennial census, the governing authority of any municipal corporation is authorized, under certain circumstances, to reapportion or modify the election districts from which members of the municipal governing authority are elected. The Act amends O.C.G.A. Section 36-35-4.1. Effective July 1, 1997. Act 192; HB 217 This Act expresses the intent of the General Assembly that statutory provisions relating to alternative methods of municipal annexation or deannexation shall not affect or impair the authority of the General Assembly to annex or deannex by local Act. The Act enacts o.c.G.A. Section 36-36-10. Effective April 14, 1997. Act 307; SB 94 This Act changes the name of the Georgia Municipal Training Institute to the Harold F. Holtz Municipal Training Institute and adds two members to the board of such institute. The Act amends O.C.G.A. Sections 36-45-3, 36-45-5, 36-45-6, 36-45-7, and 36-45-20. Effective July 1, 1997. -32- TITLE 36 (continued) Act 305; SB 62 This Act prohibits the location of an explicit media outlet or adult movie house within 1,000 feet of a school building, school grounds, college campus, public place of worship, or area zoned primarily for residential use. The Act amends O.C.G.A. Section 36-60-3. 'Effective July 1, 1997. Act 482; HB 489 This Act provides for the execution by each county and municipality of an agreement for the implementation of a local government service delivery strategy by July 1, 1999. The Act provides procedures for adopting the strategy, elements to be included within the strategy, and criteria to be met by the strategy. The Act amends o.c.G.A. Section 36-66-3 and o.c.G.A. Chapter 36-70. Effective May 1, 1997. Act 483; HB 491 This Act requires the Department of Community Affairs to develop local government uniform charts of accounts to be adopted and used by all local units of government. The Act also requires the department to prepare a community indicators report for each local unit of government having annual expenditures of $250,000.00 or more. The Act amends O.C.G.A. Sections 36-81-1, 36-81-3, and 36-81-8. Effective May 1, 1997. Act 225; HB 803 This Act defines the term "local authority" and prohibits such authorities from issuing or granting a trust which issues any obligations to finance or refinance any real or personal property to be owned, leased, or operated by any governmental unit which is not a sponsoring governmental unit of such local authority. The Act enacts o.c.G.A. Sections 36-82-220 through 36-82-222. Effective April 14, 1997. Act 275; SB 101 This Act authorizes counties and municipal corporations to participate in federal and state programs which provide funds for job training, job research assistance, and workforce development programs and to accept and expend grant funds subject to such terms as may be required by the grantor. The Act amends o.c.G.A. Section 36-87-2. Effective July 1, 1997. Act 447; HB 663 This Act enacts the "Enterprise Zone Employment Act of 1997" so as to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties. The Act provides for municipal and county tax credits and exemptions or abatements for qualified businesses within an enterprise zone. The Act enacts o.c.G.A. Chapter 36-88. Effective July 1, 1997. TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Act 475; SB 335 This Act provides that permanent employees of the state, counties, municipalities, and other political subdivisions are entitled to be paid -33- TITLE 38 (continued) for 18 days of ordered military leave in each federal fiscal year. The Act amends o.c.G.A. Section 38-2-279. Effective July 1, 1997. TITLE 40 MOTOR VEHICLES Act 42; HB 205 This Act provides that license plates and revalidation decals shall be issued to vehicle owners rather than being assigned to specific vehicles and shall be transferred from vehicle to vehicle under certain circumstances. The Act amends numerous provisions relating to license plates and revalidation decals. The Act changes numerous provisions relating to the payment of ad valorem taxation of motor vehicles. The Act amends O.C.G.A. Section 40-1-1, o.c.G.A. Chapter 40-2, and O.C.G.A. Sections 48-2-61, 48-5-440, 48-5-471 through 48-5-474, and 48-10-7 and repeals o.c.G.A. Section 48-10-5. Effective May 1, 1997. Act 289; HB 487 This Act authorizes the state revenue commissioner to delegate to county tag agents responsibility for receiving, processing, issuing, and storing motor vehicle titles and registrations. The Act authorizes the commissioner to delegate to such tag agents the responsibility for the retention of applications, certificates of title, notices of security interests, and other documents. The Act authorizes the use of digital signatures. The Act authorizes certain transactions relating to liens to be made by electronic means. The Act amends O.C.G.A. Chapters 40-2 and 40-3. Effective July 1, 1997. Act 481; HB 104 This Act authorizes the use of motor vehicle dealers' number plates for private use by an employee or officer of the dealer. The Act authorizes the commissioner of revenue to issue special license plates for groups of individuals numbering at least 1,000 persons. The Act provides that any disabled veteran shall be entitled to a special license plate. The Act provides for special license plates for square and round dancers, special license plates to honor Shrine hospitals, special license plates commemorating battlefields of the War Between the States, and special license plates supporting public schools. The Act amends o.c.G.A. Sections 40-2-38 and 40-2-69 and enacts O.C.G.A. Sections 40-2-60.1, 40-2-86.1, 40-2-86.2, 40-2-86.3, and 40-2-86.4. Effective May 1, 1997, but no special license plate shall be issued under this Act prior to January 1, 1998. Act 437; HB 499 This Act provides for special license plates supporting the United States Disabled Athletes Fund. The Act amends O.C.G.A. Section 40-2-48. Effective July 1, 1997. Act 459; HB 869 This Act provides that no certificate of title is required for a vehicle which is 15 or more model years old. The Act provides that the spouse or legal guardian of a disabled Pearl Harbor survivor may obtain a distinctive license plate for such survivor. The Act amends O.C.G.A. Sections 40-2-85 and 40-3-4. Effective July 1, 1997. -34- TITLE 40 (continued) Act 290; HB 681 This Act enacts the "Teen-age and Adult Driver Responsibility Act." The Act provides that minors guilty of driving under the influence of drugs or alcohol shall receive the same penalty as adults. The Act provides that school dropouts under the age of 18 shall not be issued an instruction permit or a drivers' license. The Act establishes a provisional class of drivers' licenses for persons age 16 and 17 years. The Act reduces the allowable blood alcohol concentration for drivers under the age of 21. The Act provides for the suspension of the driver's license of a person entering a plea of nolo contendere of driving under the influence. The Act changes sentencing provisions relative to driving under the influence. The Act amends O.C.G.A. Sections 15-11-35, 20-2-320, 20-2-690, 20-2-697, 37-7-2, 40-2-136, 40-5-1, 40-5-21, 40-5-22, 40-5-23, 40-5-24, 40-5-25, 40-5-27, 40-5-57.1, 40-5-63, 40-5-63.1, 40-5-64, 40-5-67, 40-5-67.1, 40-5-68, 40-5-69, 40-6-391, 40-6-391.1, 40-6-392, and 42-8-110 and enacts O.C.G.A. Section 17-10-3.1. Provisions of this Act restricting drivers' licenses for school dropouts are effective January 1, 1998. The remainder of this Act is effective July 1, 1997, and is applicable to offenses committed on and after that date. Act 442; HB 587 This Act amends numerous provisions relating to the maintenance and disclosure of public records so as to comply with the federal Drivers' Privacy Protection Act of 1994. The Act provides restrictions on the dissemination of such information. The Act amends O.C.G.A. Sections 40-5-1 and 40-5-2 and enacts O.C.G.A. Section 40-5-105. Effective April 29, 1997. Act 441; HB 574 This Act provides that, unless requested by the applicant, social security numbers shall not be used as drivers' license numbers. The Act enacts O.C.G.A. Section 40-5-28.1 and amends o.c.G.A. Sections 40-5-100, 40-5-149, 40-5-150, and 40-5-171. Effective July 1, 1997, and applicable to licenses, permits, and identification cards issued on or after such date. Act 311; SB 121 This Act provides that vehicles may use center turning lanes only for turning. The Act provides that either the Department of Transportation or a local governing authority may establish the speed limit in construction zones. The Act enacts O.C.G.A. Section 40-6-126 and amends O.C.G.A. Section 40-6-188. Effective July 1, 1997. Act 182; HB 79 This Act provides for uniforms for persons appointed to handicapped parking place violations. The Act amends o.c.G.A. Section 40-6-228. Effective April 14, 1997. enforce Act 353; HB 398 This Act provides that sheriffs may authorize the use of speed detection devices within their jurisdiction. The Act provides that such devices may not be used where an arresting officer or a court officer is compensated on the fee system. The Act provides that such devices may be used only in jurisdictions employing at least one full-time certified peace officer. The Act amends o.c.G.A. Section 40-14-2. Effective July 1, 1997. -35- TITLE 40 (continued) Act 454; HB 695 This Act provides that the commissioner of public safety shall have authority over the administration of the motorcycle operator safety training program. The Act provides for the appointment of a state-wide motorcycle safety coordinator. The Act amends O.C.G.A. Sections 40-15-1, 40-15-2, and 40-15-4. Effective April 29, 1997. TITLE 41 NUISANCES Act 291; SB 8 This Act provides that sport shooting ranges which remain in compliance with noise control rules, regulations, statutes, and ordinances in place at the range's inception shall not become nuisances based solely upon changed conditions in the area, and future local Acts purporting to regulate noise at such a range are inapplicable to conduct which was lawful and being engaged in prior to their adoption. The Act also provides that no range or range operator shall be subject to any action relating to noise control where the range has operated legally for one year. The Act enacts O.C.G.A. Section 41-1-9. Effective July 1, 1997, and applicable with respect to conduct occurring on or after that date. TITLE 42 PENAL INSTITUTIONS Act 23; SB 105 This Act amends O.C.G.A. Section 42-1-12, relating to the registration of sexually violent predators, to change the definition of the term "criminal offense against a victim who is a minor" to include federal offenses and offenses committed in other states or territories of the United States under certain circumstances and to change the definition of the term "sexually violent offense" to include certain offenses which are not felonies. The Act requires registration for conviction of certain offenses committed in other jurisdictions and requires registration for a conviction for any offense which under the laws of this state would require registration. The Act requires those who no longer are considered sexually violent predators to continue to register for a ten-year period of time and provides that if a person who is required to register changes his or her address, the person shall be required to furnish such new address to the Georgia Bureau of Investigation not later than ten days after the change of address. The Act requires certain persons changing residence from another state to Georgia to comply with the registration requirements of this state and requires the Georgia Bureau of Investigation to obtain any needed information concerning the registrant. The Act further provides that the Georgia Bureau of Investigation or any sheriff maintaining records of sexually violent predators or certain other convicted persons shall release relevant information that is necessary to protect the public. Effective July 1, 1997. Act 303; SB 48 This Act provides for certification by the Department of Corrections of copies or compilations of the computerized records of the department and the authority to furnish duly authenticated copies of any records in response to a subpoena or request from a government or judicial official. The Act provides that any private person, organization, or corporation with whom the commissioner of corrections has contracted for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the custody, -36- TITLE 42 (continued) care, and control of inmates may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the Board of Corrections and provides that any such contracts shall factor the value of penal labor such that the state is the only financial beneficiary of the same. The Act further provides that records of the Department of Corrections or authenticated copies thereof ?hall be admissible in civil or criminal proceedings as proof of the contents thereof. The Act amends O.C.G.A. Sections 42-5-36 and 42-5-60 and enacts O.C.G.A. Section 24-7-27. Effective April 21, 1997. Act 273; SB 69 This Act provides that the municipal court judge who is a member of the County and Municipal Probation Advisory Council shall be designated by the Council of Municipal Court Judges of Georgia. The Act provides that private entities which contract to provide probation services in counties or municipalities shall provide quarterly reports to the judge with whom the contract was made and the council in such detail as the council may require. The Act further provides that records of private entities which contract to provide such probation services shall be open to inspection by the County and Municipal Probation Advisory Council. The Act amends O.C.G.A. Sections 42-8-101, 42-8-103, 42-8-106, and 42-8-107. Effective July 1, 1997. Act 205; HB 407 This Act amends o.c.G.A. Section 42-9-15 to provide that no member of the State Board of Pardons and Paroles or full-time employee thereof, during his or her service upon or under the board, shall engage in any other business or profession or hold any other public office which business, profession, or office conflicts with his or her official duties as a member of the board or as an employee thereof. The Act further provides that an employee of the board shall not be required to resign from employment if he or she becomes a candidate for a public office of a county, school district, or municipality which does not require full-time service or accepts appointment to such an office, but provides that an employee of the board shall be required to resign from employment if he or she becomes a candidate for the General Assembly or becomes a candidate for or accepts appointment to a public office which requires full-time service. Effective July 1, 1997. Act 316; SB 242 This Act enacts O.C.G.A. Section 42-9-20.1 to provide that the State Board of Pardons and Paroles shall develop and implement a system whereby any interested citizen of this state shall be permitted to contact the board through an electronic calling system or by other means and receive information relating to persons who have been convicted of a felony, who have been paroled, and whose current addresses are within the state, provided that the board may charge a reasonable fee to cover the cost of providing such information and that the board shall not release any information regarding a person who has previously been paroled and whose civil rights have been restored. Effective on July 1 of the fiscal year for which funds necessary to carry out its purposes are specifically appropriated or upon the State Board of Pardons and Paroles establishing a data base and system to make the information available, whichever occurs first. -37- TITLE 43 PROFESSIONS AND BUSINESSES Act 263; SB 303 This Act authorizes the joint-secretary of the state examining boards to retain all funds received as collection fees for use in defraying the cost of collecting the fees required by law, allows the board to impose on a licensee or applicant a fee or charge sufficient to cover the legal costs incurred in conducting an investigative or disciplinary proceeding, and permits the joint-secretary to disclose information concerning certain investigations for unlicensed practice. The Act amends O.C.G.A. Sections 43-1-3, 43-1-19, and 43-1-21. Effective July 1, 1997. Act 478; HB 374 This Act changes the registration requirements for firms of public accountants or certified public accountants, changes the provisions relating to renewal of registration, and requires firms to complete a board approved peer review program within the 36 months preceding registration renewal. The Act provides for certain immunity from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant and for testimony to the State Board of Accountancy under peer review, changes the provisions relative to confidentiality of communications and disclosure of information, and provides that certain proceedings and data obtained through peer review shall be immune from discovery or use as evidence in certain civil actions. The Act amends O.C.G.A. Sections 43-3-21, 43-3-23, 43-3-24, 43-3-28, 43-3-29, 43-3-32, 43-3-34, 43-3-35, and 43-3-37. The Act repeals O.C.G.A. Sections 43-3-23.1, 43-3-23.2, and 43-3-23.3 and enacts O.C.G.A. Section 43-3-38. The sections of the Act pertaining to certain immunity granted to testimony, data, and proceedings under peer review become effective July 1, 1997. The remaining provisions of the Act become effective July 1, 1998. Act 472; SB 278 This Act changes the definition of chiropractic to include by reference certain types of adjustments that are currently within the scope of practice authorized for licensed chiropractors. The Act amends O.C.G.A. Section 43-9-1. Effective July 1, 1997. Act 323; SB 214 This Act requires a doctor of chiropractic to provide for referral to the appropriate health care provider and provides that failure to refer to the appropriate health care provider may be grounds for refusal or revocation of a license. The Act enacts O.C.G.A. Section 43-9-12.1. Effective July 1, 1997. Act 262; SB 287 This Act increases the experience requirement from 18 months to 36 months for persons under whom apprentice cosmetologists may work and learn and requires every shop or owner to register apprentices with the joint-secretary. The Act authorizes beauty shops or salons to employ persons to shampoo hair and deletes the board registration requirement for such persons. The Act amends O.C.G.A. Sections 43-10-14 and 43-10-17. Effective July 1, 1997. Act 50; HB 272 This Act changes the provisions relating to definitions and requirements for licensure in marriage and family therapy by authorizing the board to select the academic accrediting body and by deleting certain required -38- TITLE 43 (continued) courses. The Act amends O.C.G.A. Sections 43-10A-3 and 43-10A-13. Effective April 4, 1997. Act 427; HB 416 This Act establishes the classification of associate professional ',.counselor, provides for licensing requirements, prohibits the use of the title without licensure, and limits the practice of associate professional counselors. The Act also changes the licensure exception for certain persons providing services to individuals with disabilities or employed by agencies or departments of the state or its political subdivisions. The Act amends O.C.G.A. Sections 43-10A-7, 43-10A-11, and 43-44-7. Effective July 1, 1997. Act 208; HB 451 This Act changes the duration of a driver from two years to four years. The Act amends O.C.G.A. Section 43-13-6. Effective July 1, 1997. training instructor license Act 186; HB 143 This Act provides for increased penalties for unlawful practice as a professional engineer or land surveyor by authorizing the board to fine violators at least $100.00 but not to exceed $5,000.00 per violation. The Act amends O.C.G.A. Section 43-15-26. Effective July 1, 1997. Act 369; HB 841 This Act requires any person who is licensed as a registered professional nurse to use certain identification during the time direct patient care is provided. The Act amends o.c.G.A. Section 43-26-6. Effective July 1, 1997. Act 284; SB 228 This Act revises the "Georgia Physical Therapy Act" so as to change certain definitions, the qualifications and term limits of members appointed to the State Board of Physical Therapy, the license requirements for physical therapists and physical therapist assistants, and the granting of training permits. The Act requires the use of certain titles during the provision of direct patient care by physical therapists or assistants. The Act repeals and reenacts O.C.G.A. Chapter 43-33. Effective July 1, 1997. Act 34; HB 138 This Act authorizes the Composite State Board of Medical Examiners to require persons seeking renewal of certification as respiratory care professionals to complete board approved continuing education biennially. The Act amends o.c.G.A. Section 43-34-3. Effective July 1, 1997. Act 345; HB 238 This Act provides for the issuance of a license in lieu of a certificate to a physician's assistance upon approval by the Composite State Board of Medical Examiners and changes provisions related to licensure and relicensure accordingly. The Act requires that the board membership represent all geographic regions of the state. The Act amends O.C.G.A. Sections 43-34-21, 43-34-22, 43-34-26.1, 43-34-103, 43-34-104, and 43-34-107. -39- TITLE 43 (continued) Effective July 1, 1997. Act 276; SB 107 This Act requires physicians physically located in another state or foreign country who perform certain patient care services in this state through the use of telecommunication to be licensed to practice medicine in this state and subject to regulation by the state board. The Act provides for specific exceptions to the licensure requirement based upon the consultation service being occasional, without compensation, or provided as a guest of a medical school approved by the board. The Act enacts O.C.G.A. Section 43-34-31.1. Effective July 1, 1997. Act 404; SB 341 This Act provides that an individual has a right to any experimental or nonconventional medical treatment for an illness or disease which is potentially life threatening or chronically disabling by a licensed physician if the treatment poses no unreasonable risk of danger and certain information regarding the treatment has been disclosed to the patient or the patient's legal representative. Such medical treatment shall not constitute unprofessional practice or conduct. The Act enacts O.C.G.A. Section 43-34-42.1. Effective April 22, 1997. Act 36; HB 172 This Act authorizes the Georgia Real Estate Appraisers Board to enter into contracts to assist it in the conduct of investigations of the conduct of appraisers, to retain all funds received as collection fees for use in defraying the cost of collecting fees required by law, and to revoke any appraiser classification and issue a more restricted classification. The Act provides that noncompliance with the standards required by the appropriate federal regulatory agency involved in any real estate appraisal activity constitutes a violation of the standards of conduct required of appraisers. The Act amends O.C.G.A. Sections 43-39A-2, 43-39A-9, 43-39A-11, 43-39A-13, and 43-39A-18. Effective April 4, 1997. Act 37; HB 173 This Act authorizes the Georgia Real Estate Commission to establish by rule standards for the approval of schools offering the education courses required by law, to require certain documentation of an applicant for a nonresident license, to permit a licensed broker in Georgia to share a real estate commission with a licensed broker in another state acting only as a referral agent, to enter into contracts to assist in the conduct of investigations and examinations of brokers' trust accounts, and to retain all funds received as collection fees for use in defraying the cost of collection of fees required by law. The Act amends O.C.G.A. Sections 43-40-8, 43-40-9, and 43-40-14. Effective April 4, 1997. Act 188; HB 174 This Act changes the definition of terms for the purpose of licensing used motor vehicle dealers so as to exclude persons registered as auctioneers when auctioning used motor vehicles which are being disposed of under the administration of an estate or when auctioning vehicles and property owned by a common owner. The Act amends o.c.G.A. Section 43-47-2. Effective July 1, 1997. -40- TITLE 43 (continued) Act 297; HB 345 This Act provides that no person operating a small public water supply system and required to be certified as a water system operator prior to July 1, 2000, shall be required to possess a high school diploma or its equivalent. The Act amends O.C.G.A. Section 43-51-6.1. ~Effective July 1, 1997. TITLE 44 PROPERTY Act 293; HB 255 This Act relates to real estate brokerage commission agreements in connection with the leasing of commercial real estate. The Act provides for the effect of written commission agreements and for the protection of contractual rights of real estate brokers to receive compensation subsequent to certain transfers of property. The Act also provides for notices of commission rights and their contents, filing, the effect of such filing, and for the waiver and release of commission rights. The Act enacts O.C.G.A. Section 44-7-21. Effective July 1, 1997. Act 281; SB 175 This Act permits the use of "open-end" security clauses by the transferee or assignee of an original party to a home equity line of credit agreement under certain circumstances. The Act amends o.c.G.A. Section 44-14-1. Effective April 14, 1997. Act 359; HB 533 This Act changes the manner of perfection and filing of security interests relating to fixtures and personalty of certain railroad and utility corporations. The Act also defines nonconforming liens, provides that the filing of a nonconforming lien in county land records shall have no effect, and provides a method of canceling the record of a nonconforming lien. The Act amends o.c.G.A. Sections 44-14-36, 44-14-320, and 11-9-302. Effective July 1, 1997. Act 295; HB 298 This Act relates to mechanics' and materialmen's liens. The Act provides that if certain contracts between the party claiming the lien and the contractor or subcontractor include a provision preventing payment to the claimant until after the contractor or the subcontractor has received payment, then the person furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. The Act amends O.C.G.A. Section 44-14-361.1. Effective July 1, 1997. TITLE 45 PUBLIC OFFICERS AND EMPLOYEES Act 312; SB 131 This Act provides that depositories which meet certain qualifications may secure deposits of public funds using the dedicated method or the pooled -41- TITLE 45 (continued) method. The Act provides that under the dedicated method, a depository shall secure the deposits of each of its public depositors separately, and under the pooled method, a depository shall secure deposits of public funds of public bodies which have deposits with it through a pool of collateral established by the depository with a custodian for the benefit of public bodies having deposits with such depository. The Act provides that if a depository elects the pooled method, it may use the pooled method with some public depositors and the dedicated method with other public depositors, provided that any depository that offers the pooled method shall also offer the dedicated method. The Act provides for the determination of amounts of collateral and for custodian agreements. The Act provides for substitutions of collateral and notification relative to such substitutions. The Act requires depositories using the pooled method to meet certain standards and provides procedures upon a default by such a depository. The Act further provides for limited liability for public officials relating to collateralization of public funds by the dedicated or pooled method. The Act amends O.C.G.A. Sections 45-8-l, 45-8-13, and 45-8-17 and enacts O.C.G.A. Section 45-8-13.1. Effective April 21, 1997. Act 222; HB 719 This Act amends O.C.G.A. Section 45-12-35, relating to rewards for the detection or apprehension of perpetrators of certain felonies or other offenses, to increase the amount of the reward which may be offered by a county or municipality to $25,000.00. Effective April 14, 1997. Act 473; SB 297 This Act amends O.C.G.A. Section 45-12-178 to provide that the chairperson of the Budgetary Responsibility Oversight Committee shall maintain a list of those programs for which the committee is requesting evaluations and shall provide the list, and any subsequent revisions to the list, to the director of the Governor's Office of Planning and Budget and to the state auditor. The Act further provides that the Research Office of the Budgetary Responsibility Oversight Committee shall verify with state departments the implementation of the departments' plans set forth in their 90 day responses and shall inform the committee about each department's progress at reasonable intervals. Effective April 29, 1997. Act 53; HB 308 This Act provides that the Secretary of State shall publish the official directory of state and county officials and officers in each odd-numbered year instead of annually. The Act provides that the director of the Department of Archives and History shall be appointed by and serve at the pleasure of the Secretary of State. The Act further changes the name of the Georgia State Museum of Science and Industry to the Georgia Capitol Museum. The Act amends O.C.G.A. Sections 45-13-27, 45-13-44, and 45-13-60. Effective July 1, 1997. Act 261; SB 284 This Act provides for the transfer of certain centralized record-keeping and certification functions relating to notaries public and fees therefor from .the Secretary of State to the Georgia Superior Court Clerks' Cooperative Authority. The Act further provides that an apostille shall be obtained only from the Georgia Superior Court Clerks' Cooperative Authority on or after the thirtieth day following the authority's designation by the United States Department of State as an authority in the United States competent to issue an apostille. The Act amends o.c.G.A. Sections 45-17-4, 45-17-11, 45-17-13, 45-17-14, 45-17-15, 45-17-17, and 45-17-19. Effective July 1, 1997. -42- TITLE 45 (continued) Act 306; SB 91 This Act provides that if a county does not offer or provide a health insurance plan, health maintenance organization, or other health benefits plan for its county officers, then such county officers, by majority vote, may elect to be included in any health plan or plans established for state employees. The Act authorizes the State Personnel Board to contract with the County Officers Association of Georgia for the participation of certain county officers in any health insurance plan or plans established for state employees and authorizes the various counties to contract with the County Officers Association of Georgia for the participation of certain county officers in such health insurance plan or plans. The Act provides for contributions and deductions, for the collection of payments from county employees, retirees, and dependents, and for the development of rates for coverage based on actual claims experience of the individuals covered. The Act shall not preclude the exercise of any options or rights otherwise available to certain county officers under other state or federal laws relating to extension or continuation of health benefits. The Act further provides that employees of the Sheriffs' Retirement Fund of Georgia shall be eligible to participate in the state employees' health insurance plan or plans. The Act amends O.C.G.A. Sections 45-18-5 and 45-18-7.3. Effective July 1, 1997. Act 421; HB 337 This Act amends O.C.G.A. Section 45-18-7.3, relating to the state employees' health insurance plan, to change references to the Georgia Firemen's Pension Fund to the Georgia Firefighters' Pension Fund. Effective July 1, 1997. Act 302; SB 33 This Act provides that the State Personnel Board shall no longer use hearing officers employed by the board, but administrative law judges appointed by the chief state administrative law judge shall hold hearings and otherwise assist the board in the resolution of appeals. The Act provides that the State Personnel Board may provide by rule that proposed decisions in all or specified classes of cases before the Office of State Administrative Hearings will become final without further action by the board and without expiration of the 30 day review period otherwise provided by law. The Act further provides that certain hearing officers, other personnel, equipment, and property of the State Personnel Board and certain independent hearing officers under contract with the board shall be administratively transferred to the Office of State Administrative Hearings. The Act amends o.c.G.A. Sections 45-20-3, 45-20-8, 45-20-9, 49-5-41, 50-13-42, and 50-13-44. Effective July 1, 1997. Act 304; SB 59 This Act enacts O.C.G.A. Section 45-20-19 to provide that whenever any state department or agency proposes to eliminate one or more classified positions or terminate the employment of one or more classified employees through a reduction in force under State Personnel Board rules, no position elimination or employment termination may become effective until at least 30 days after the affected employee has been provided a statement of the nature of the proposed action, an explanation of the rights of the affected employee with respect to the proposed reduction in force including any right of appeal or opportunities for continued employment, and an explanation of the affected employee's rights and options with respect to his or her employment benefits. The Act provides that when 25 or more classified positions are involved, written notice shall be given to the President of the Senate and Speaker of the House of Representatives prior to such notice to employees. The Act further provides an exception with -43- TITLE 45 (continued) respect to a reduction in force due to lack of funds to pay the salaries of affected employees. Effective April 21, 1997. Act 471; SB 271 This Act enacts the "Governmental Reorganization and Termination from Employment Reform Act of 1997." The Act creates the State Personnel Oversight Commission and prohibits certain personnel actions which result in involuntary separation from state employment without approval of such commission. The Act requires state employers to notify the commission of proposed involuntary separations and to provide continued employment pending the completion of procedures to obtain positions of continued employment for employees proposed for termination. The Act requires the commission to provide written notice of a contemplated involuntary separation to each chief executive officer of each state department and requires that each such department chief executive officer provide a written response to the commission regarding available employment for that employee proposed for termination. The Act provides conditions for continued employment and offers of such employment and conditions for involuntary separations. The Act limits certain governmental reorganizations and provides for employment transfers relating thereto and for failure to accept such transfers. The Act provides sanctions against department chief executive officers who fail to make required responses and against employers who proceed with involuntary separations. The Act further provides that a reorganization by an employer in violation of the Act is void, and no employee shall be separated from employment as a result of such void reorganization, whether or not that person is eligible for involuntary separation. The Act enacts O.C.G.A. Chapter 45-24. Effective April 29, 1997. TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Act 292; SB 215 This Act enacts Article 5 of O.C.G.A. Chapter 46-4, the "Natural Gas Competition and Deregulation Act," which provides for unbundling of natural gas services and for deregulation of certain services based upon particular findings by the Public Service Commission. The article requires continued rate and other regulation of firm distribution service and establishes certification and other requirements for gas marketers serving firm customers. The article applies to local distribution companies which elect to become subject to its provisions. The Act also establishes an alternative method of setting rates for natural gas local distribution companies and provides for discovery in certain rate proceedings. The Act amends O.C.G.A. Sections 46-1-1 and 46-2-57 and enacts O.C.G.A. Section 46-2-23.1 and Article 5 of o.c.G.A. Chapter 46-4. Effective April 14, 1997. Act 395; HB 888 This Act requires toll-free calling between two telephones within a 22 mile radius of a local exchange serving such telephones. The Act also authorizes certain rate increases to cover the cost of the toll-free calling requirement and requires balloting of subscribers in affected local exchanges under certain circumstances. The Act enacts O.C.G.A. Section 46-2-25.3. Effective April 22, 1997. Act 279; SB 130 This Act authorizes the Public Service Commission to impose a civil penalty of up to $15,000.00 (and of up to $10,000.00 for each additional -44- TITLE 46 (continued) day) for certain violations of laws administered by the commission or of commission regulations and orders . .The Act amends O.C.G.A. Section 46-2-91. Effective July 1, 1997. Act 310; SB 118 This Act redefines the term "project" in the "Georgia Rail Passenger Authority Law" so as to incorporate a requirement that the project be approved by the State Transportation Board as part of a regional or state-wide transportation plan. The Act amends O.C.G.A. Section 46-9-272. Effective July 1, 1997. TITLE 47 RETIREMENT AND PENSIONS Act 10; HB 334 This Act limits the right of public inspection of records maintained by public retirement systems relating to investment and account information. The Act enacts O.C.G.A. Section 47-1-14 and amends O.C.G.A. Section 50-14-3. Effective March 11, 1997. Act 203; HB 339 This Act authorizes the board of truste~s of the Employees' Retirement System of Georgia to provide by rule or regulation for the payment of benefits to the extent that such payment is required to maintain the retirement system's status as a qualified retirement plan under federal tax laws. The Act amends O.C.G.A. Section 47-2-110. Effective July 1, 1997. Act 204; HB 380 This Act provides that any member of the Employees' Retirement System of Georgia employed as an officer, noncommissioned officer, or trooper by the Uniform Division of the Department of Public Safety may retire at any time after attaining the age of 55 years. The Act repeals now inoperative provisions relating to mandatory retirement for such persons. The Act amends O.C.G.A. Section 47-2-223. Effective July 1, 1997. Act 422; HB 340 This Act changes the name of the Georgia Firemen's Pension Fund to the Georgia Firefighter's Pension Fund. The Act amends O.C.G.A. Chapter 47-7. Effective July 1, 1997. Act 357; HB 463 This Act authorizes the board of trustees of the Georgia Firemen's Pension Fund, the board of commissioners of the Judges of the Probate Courts Retirement Fund, the board of commissioners of the Sheriffs' Retirement Fund of Georgia, and the board of commissioners of the Peace Officers Annuity and Benefit Fund to invest fund assets in foreign corporations. The Act establishes limits on such investments. The Act amends O.C.G.A. Sections 47-7-23, 47-11-23, 47-16-26, and 47-17-23. Effective July 1, 1997. -45- TITLE 47 (continued) Act 349; HB 333 This Act clarifies the manner in which a tax is levied on fire insurance premiums to fund the Georgia Firemen's Pension Fund. The Act provides a mechanism for the refund of such taxes wrongly paid. The Act amends o.c.G.A. Section 47-7-61. Effective July 1, 1997. Act 350; HB 348 This Act changes the mandatory retirement age under the Trial Judges and Solicitors Retirement Fund from 70 to 75 years of age. The Act amends O.C.G.A. Section 47-10-100. Effective July 1, 1997. TITLE 48 REVENUE AND TAXATION Act 29; HB 83 This Act redefines the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and incorporates the provisions of federal law into Georgia law. The Act amends O.C.G.A. Section 48-1-2. Effective April 4, 1997, and applicable to taxable years beginning on or after January 1, 1997. Act 288; HB 479 This Act changes certain powers and duties of the state revenue commissioner and authorizes the settlement and compromise of tax assessments; payment of refunds by electronic funds transfer; electronic transmission of executions; settlement and discharge of certain uncollectable debts; and changing of filing periods for employer tax returns. The Act amends O.C.G.A. Sections 48-2-18.1, 48-2-32, 48-3-1, 48-7-82, 48-7-103, 48-7-106, and 48-8-56 and enacts O.C.G.A. Section 48-3-23.1. Effective July 1, 1997, except for filing period changes which become effective January 1, 1998. Act 287; SB 270 This Act makes numerous changes regarding notice of and enforcement of tax executions including notice to owners of mortgages and security deeds. In addition, the Act revises substantially the manner and method of selling and transferring of tax executions in lot blocks. The Act amends O.C.G.A. Sections 48-3-9, 48-3-11, and 48-3-19. Effective April 14, 1997. Act 55; HB 388 This Act changes the amount required to be paid for the redemption of property from a tax sale. The Act amends O.C.G.A. Section 48-4-42. Effective July 1, 1997. Act 316; SB 143 This Act provides for the creation and operation of land bank authorities by consolidated governments. The Act amends O.C.G.A. Sections 48-4-60 through 48-4-65. Effective July 1, 1997. -46- TITLE 48 (continued) Act 356; HB 459 This Act clarifies the ad valorem tax exemption for public property with respect to certain property held on behalf of a county, city, or school district. The Act also provides for conditions under which a homestead exemption or the freeport exemption will be wholly or partially waived for a taxable year and changes provisions regarding the time in which the county board of tax assessors must complete its revision and assessment of returns. The Act amends O.C.G.A. Sections 48-5-41, 48-5-45, 48-5-48.1, and 48-5-302. Effective January 1, 1998, and applicable to all taxable years beginning on or after that date except for the public property provisions which become effective April 21, 1997. Act 396; HB 429 This Act provides for the adoption by the state revenue commissioner and requirement of use of a uniform procedural manual for appraising real property for ad valorem tax purposes. The Act amends o.c.G.A. Section 48-5-269.1. Effective July 1, 1997. Act 354; HB 418 This Act classifies commercial vehicles as a separate class of property and provides for a different method of returning and valuation of such vehicles for ad valorem tax purposes. The Act amends O.C.G.A. Sections 48-5-440, 48-5-441, 48-5-442, and 48-5-442.1. Effective January 1, 1998. No. 14; vehicles as a separate hod of returning and es. enacts o.c.G.A. Sections Act 183; HB 84 This Act changes the provisions regarding the distribution of from certain intangible taxes. The Act amends o.c.G.A. Sections 48-6-8, 48-6-72, and 48-6-74. Effective April 14, 1997. revenues Act 198; HB 306 This Act revises substantially the provisions regarding the failure to pay certain intangible recording taxes and the effect thereof on certain actions with respect to the indebtedness. The Act amends O.C.G.A. Section 48-6-77. Effective July 1, 1997. Act 48; HB 241 This Act provides for conditions under which the distributive shares of nonresident members of resident limited partnerships shall not constitute taxable income. The Act amends o.c.G.A. Sections 48-7-23, 48-7-24, and 48-7-129. Effective April 4, 1997, and applicable to all taxable years beginning on or after January 1, 1997. -47- TITLE 48 (continued) Act 184; HB 85 This Act provides for refundable income tax credits with respect to previously taxed income which is subsequently repaid by the taxpayer. The Act enacts O.C.G.A. Section 48-7-28.1. Effective April 14, 1997, and applicable to all taxable years beginning on or after January 1, 1997. ! l!i::!. a. This Act or retrofit pr of o a vsidinegslef-ofra1~l_;._lj~,{~~lboymie\~~~{e.~.~_'~,ai;j~