Bill Text: GA HB942 | 2011-2012 | Regular Session | Introduced


Bill Title: Official Code of Georgia; revise, modernize and correct errors or omissions

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2012-05-01 - Effective Date [HB942 Detail]

Download: Georgia-2011-HB942-Introduced.html
12 LC 33 4420/AP
House Bill 942 (AS PASSED HOUSE AND SENATE)
By: Representative Willard of the 49th

A BILL TO BE ENTITLED
AN ACT


To amend the Official Code of Georgia Annotated, so as to revise, modernize, and correct errors or omissions in said Code in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to reenact the statutory portions of said Code, as amended; to provide for other matters relating to revision and reenactment of said Code; to provide for effect in event of conflicts; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Reserved.

SECTION 2.
Reserved.

SECTION 3.
Reserved.

SECTION 4.
Reserved.

SECTION 5.
Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended in:
(1) Code Section 5-5-41, relating to requirements as to extraordinary motions for new trial generally, notice of filing of motion, limitations as to number extraordinary motions in criminal cases, and DNA testing, by replacing "his or her case, for" with "his or her case for" in paragraph (1) of subsection (c).

SECTION 6.
Reserved.

SECTION 7.
Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended in:
(1) Code Section 7-1-4, relating to definitions relative to the Department of Banking and Finance and financial institutions generally, by replacing "a bank charter; or accumulated deficit" with "a bank charter or accumulated deficit" in paragraph (35).
(2) Code Section 7-1-1001, relating to licensing of mortgage lenders and mortgage brokers and exemption for certain persons and entities and registration requirements, by replacing "paragraph (1) of this Code section." with "paragraph (1) of this subsection." in paragraph (2), by replacing "paragraphs (1) or (2) of this Code section." with "paragraph (1) or (2) of this subsection." in paragraph (3), and by replacing "under paragraph (17) of this Code section." with "under paragraph (17) of this subsection." in paragraph (14) of subsection (a).
(3) Code Section 7-1-1003.5, relating to the Nationwide Mortgage Licensing System and Registry, by replacing "Registry adopts an appropriate" with "Registry adopt an appropriate" in paragraph (3) of subsection (a).

SECTION 8.
Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in:
(1) Code Section 8-2-25, relating to state building, plumbing, and electrical codes and state-wide application of minimum standard codes, codes requiring adoption by a municipality or county, adoption of more stringent requirements by local governments, adoption of standards for which the state code does not exist, and exemption for certain farm buildings or structures, by replacing "pursuant to Code Section 8-2-25." with "pursuant to this Code section." in paragraph (2) of subsection (e).

SECTION 9.
Reserved.

SECTION 10.
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in:
(1) Code Section 10-1-202.1, relating to the addition of denatonium benzoate to certain antifreeze, applicability, and limitation on civil and criminal liability, by replacing "receipt or container" with "receipt, or container" in subsection (e).

SECTION 11.
Reserved.

SECTION 12.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in:
(1) Code Section 12-2-6, relating to authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, by replacing "conservation and any other activities" with "conservation, and any other activities" in subsection (e).
(2) Code Section 12-3-444, relating to membership in the Sapelo Island Heritage Authority, by replacing "Office of the Governor" with "office of the Governor" in paragraph (5) of subsection (a).
(3) Code Section 12-5-31, relating to regulated riparian rights to surface waters for general or farm use, by redesignating current subsection (a) as new subsection (b) and by redesignating current subsection (b) as new subsection (a) so as to place definitions first and by replacing "paragraph (3) of subsection (a) of this Code section" with "paragraph (3) of subsection (b) of this Code section" in subsection (h), paragraph (4) of subsection (k), and paragraphs (3) and (4) of subsection (p).
(4) Code Section 12-5-546, relating to predictions of drought in the Flint River basin, irrigation reduction auction, and agreement, by replacing "acknowledgement" with "acknowledgment" in subsection (e).
(5) Code Section 12-5-582, relating to model ordinances for effective storm-water management and for a district-wide watershed management plan, by replacing "NPDES" with "National Pollutant Discharge Elimination System" each time the term appears in paragraphs (2) and (3) of subsection (e).
(6) Code Section 12-6-224, relating to the role of the State Forestry Commission in the "Georgia Carbon Sequestration Registry Act," by replacing "participant-reported results" with "participant reported results" in paragraph (2).
(7) Code Section 12-6-230, relating to certification of methodologies and results, by replacing "commission-approved procedures" with "commission approved procedures" in subsection (a) and paragraphs (1) and (3) of subsection (c).
(8) Code Section 12-6-232, relating to obligations of the State Forestry Commission, by replacing "commission-approved procedures" with "commission approved procedures" in subparagraph (A) of paragraph (2).
(9) Code Section 12-7-6, relating to best management practices in controlling soil erosion and sedimentation, by replacing "land disturbing activity" with "land-disturbing activity" in division (b)(15)(C)(ii).
(10) Code Section 12-8-22, relating to definitions relative to the "Georgia Comprehensive Solid Waste Management Act," by replacing "wastewater treatment plant" with "waste-water treatment plant" in paragraph (33).
(11) Code Section 12-8-39, relating to cost reimbursement fees and surcharges, by deleting the obsolete reference "as required by Code Section 12-8-39.2" at the end of subsection (a).
(12) Code Section 12-15-3, relating to definitions relative to the "Sewage Holding Tank Act," by replacing "graywater" with "gray water" in paragraph (4).

SECTION 13.
Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended in:
(1) Code Section 13-8-53, relating to enforcement of covenants, by replacing "postemployment covenant" with "post-employment covenant" both times it appears in paragraph (1) of subsection (c).

SECTION 14.
Reserved.

SECTION 15.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in:
(1) Code Section 15-6-30, relating to travel expenses for judges of the superior courts, by deleting the obsolete reference "a sentence review panel," in subsection (a).
(2) Code Section 15-10-262, relating to prosecutorial procedure in magistrate courts, by replacing "solicitor general" with "solicitor-general" and "solicitors general" with "solicitors-general" in subsection (b).
(3) Code Section 15-12-23, relating to clerk of board of jury commissioners, appointment of court personnel in certain counties, juror questionnaires, and construction with other laws, by replacing "and any attendant expense of administration of the courts are determined to be contingent expense of court," with "and any attendant expenses of administration of the courts are determined to be contingent expenses of court," in paragraph (1) of subsection (b).
(4) Code Section 15-18-43, relating to members of the Prosecuting Attorneys' Council not ineligible for office, by replacing "solicitor general" with "solicitor-general".
(5) Code Section 15-18-66, relating to duties and authority of solicitors-general, by replacing "recorders court" with "recorder's court" in paragraph (3) of subsection (b).

SECTION 16.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in:
(1) Code Section 16-12-38, relating to pyramid promotional schemes, prohibition, exceptions, and penalties, by replacing "Title10" with "Title 10" in paragraph (4) of subsection (b).

SECTION 17.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in:
(1) Code Section 17-5-100, relating to investigation of illegal alien status, by replacing "8 USCA 1373(c), 8 USCA 1644;" with "8 U.S.C.A. Section 1373(c) and 8 U.S.C.A. Section 1644;" in paragraph (2) of subsection (c).
(2) Code Section 17-10-15, relating to AIDS transmitting crimes, by replacing "Centers for Disease Control" with "Centers for Disease Control and Prevention" in subsection (g).
(3) Code Section 17-15-2, relating to definitions relative to victim compensation, by replacing "by a trained medical personnel" with "by trained medical personnel" in the introductory language of paragraph (6).

SECTION 18.
Reserved.

SECTION 19.
Reserved.

SECTION 20.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in:
(1) Code Section 20-1A-11, relating to penalties and notice regarding regulations in early care and learning, by replacing "the provisions of Code Section 20-2A-10" with "the provisions of Code Section 20-1A-10" in subsection (a).
(2) Code Section 20-2-152, relating to special education services, by replacing "in this subsection whose" with "in this subsection, whose" in paragraph (5) of subsection (d).
(3) Code Section 20-2-260, relating to capital outlay funds generally in regard to education, by replacing "the Appropriations Act" with "the appropriations Act" in paragraph (5) of subsection (j).
(4) Code Section 20-2-281, relating to assessment of effectiveness of educational programs, by replacing "curriculum-based" with "curriculum based" in subsection (a).
(5) Code Section 20-2-326, relating to definitions regarding the "Building Resourceful Individuals to Develop Georgia's Economy Act," by redesignating current paragraph (2) as new paragraph (4) and by redesignating current paragraphs (3) and (4) as new paragraphs (2) and (3), respectively, arranging said paragraphs in alphabetical order.
(6) Code Section 20-2-881, relating to the Board of Community Health to establish plans, rules and regulations, extent of coverage, and recommendations to the General Assembly for a schedule of maximum fees for hospitals and practitioners, by replacing "practitioners that accept" with "practitioners who accept" in subsection (d).
(7) Code Section 20-2-911, relating to the Board of Community Health to establish a plan, rules and regulations, extent of coverage, and recommendations to the General Assembly for a schedule of maximum fees for hospitals and practitioners, by replacing "practitioners that accept" with "practitioners who accept" in subsection (d).
(8) Code Section 20-2-989.11, relating to appeals to the State Board of Education, by replacing "Georgia Board of Education" with "State Board of Education".
(9) Code Section 20-3-519, relating to definitions regarding HOPE scholarships and grants, by redesignating current paragraph (12.2) as new paragraph (13), by redesignating current paragraph (13) as new paragraph (14), by redesignating current paragraph (13.1) as new paragraph (12.2), by redesignating current paragraphs (14) and (15) as new paragraphs (15) and (16), and by redesignating current paragraph (16) as new paragraph (13.1), respectively, arranging said paragraphs in alphabetical order.
(10) Code Section 20-3-519.1, relating to eligibility for scholarships or grants, by replacing "lists Georgia as their home of record." with "lists Georgia as their home of record; and" at the end of subparagraph (a)(1)(B).
(11) Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship, by replacing "students receiving HOPE for the first time" with "students receiving a HOPE scholarship for the first time" and "for a student that serves in the military" with "for a student who serves in the military" in paragraph (3) of subsection (d) and by deleting the paragraph (1) designation preceding the text at the beginning of subsection (e).
(12) Code Section 20-3-519.11, relating to the Georgia Student Finance Commission, examination of institutions, rules and regulations, and appropriation of funds, by replacing "fails to refund any monies deemed due" with "fails to refund any moneys deemed due" in subsection (b).
(13) Code Section 20-3-633, relating to the creation of the Georgia Higher Education Savings Plan, the board of directors, and assignment to Department of Administrative Services, by replacing "the commissioner of technical and adult education" with "the commissioner of the Technical College System of Georgia" in paragraph (1) of subsection (a).
(14) Code Section 20-4-11, relating to the powers of the State Board of the Technical College System of Georgia, by replacing "a commissioner of technical and adult education" with "a commissioner of the Technical College System of Georgia" in the introductory language of paragraph (3).
(15) Code Section 20-4-14, relating to the establishment of the Technical College System of Georgia and powers and duties, by replacing "department" with "system" in subsection (b) and paragraph (5) of subsection (c).
(16) Code Section 20-14-3, relating to the Education Coordinating Council and membership, officers, and meetings, by revising subsection (a) as follows:
"(a) The council shall consist of the Governor, the State School Superintendent, the chairperson of the State Board of the Technical College System of Georgia Education, the chancellor of the University System of Georgia, the chairperson of the Board of Regents of the University System of Georgia, the commissioner of technical and adult education the Technical College System of Georgia, the chairperson of the State Board of Technical and Adult Education State Board of the Technical College System of Georgia, the executive secretary of the Professional Standards Commission, the chairperson of the Professional Standards Commission, and the director of the Department of Early Care and Learning."
(17) Code Section 20-14-50, relating to the creation of a postsecondary accountability assessment program, adoption of performance measures, report cards, and audit, by replacing "the State Board of the Technical College System of Georgia" with "the State Board of Technical and Adult Education (now known as the State Board of the Technical College System of Georgia)" in subsection (d).
(18) Code Section 20-16-2, relating to definitions regarding the Georgia Higher Education Facilities Authority and "self-liquidating" projects, by replacing "projects shall be deemed 'self-liquidating,' if," with "projects shall be deemed 'self-liquidating' if," in subsection (b).

SECTION 21.
Reserved.

SECTION 22.
Reserved.

SECTION 23.
Reserved.

SECTION 24.
Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended in:
(1) Code Section 24-12-21, relating to disclosure of AIDS confidential information, by replacing "shall apply as to" with "shall apply to" in subsection (aa).
(2) Code Section 24-13-21, relating to subpoena for attendance of witnesses - form, issuance, and subpoena in blank, by replacing "not more than 20 days imprisonment" with "not more than 20 days' imprisonment" in subsection (h).
(3) Code Section 24-13-26, relating to enforcement of subpoenas, continuance, and secondary evidence of books, papers, or documents, by replacing "not more than 20 days imprisonment" with "not more than 20 days' imprisonment" in subsection (a).
(4) Code Section 24-13-92, relating to criminal or grand jury proceedings in foreign state and certificate of need for testimony, hearing, summons, custody and delivery, expenses, and punishment for failure to attend and testify, by replacing "in lieu of issuing subpoena" with "in lieu of issuing a subpoena" in subsection (c).

SECTION 25.
Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended in:
(1) Code Section 25-3-6, relating to the effect of the powers of local fire departments on the powers and duties of other officials and departments, by replacing "the Georgia Forestry Commission" with "the State Forestry Commission".

SECTION 26.
Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in:
(1) Code Section 26-4-28, relating to the powers, duties, and authority of the State Board of Pharmacy, by replacing the period with a semicolon at the end of paragraph (12.1) of subsection (a).

SECTION 27.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in:
(1) Code Section 27-2-3, relating to effective periods of hunting, fishing, and trapping licenses generally and multiyear licenses, by replacing "multi-year" with "multiyear" wherever such term occurs in subsections (a) and (b), by replacing "one-, two-, or multi-year anniversary" with "one-year, two-year, or multiyear anniversary" in subsection (a), and by replacing "Multi-year" with "Multiyear" in subsection (b).
(2) Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, by replacing "crab licenses" with "crabbing licenses" in paragraph (4) of subsection (e) and the introductory language of paragraph (5) of subsection (e) and by replacing "crab license" with "crabbing license" in paragraph (6) of subsection (e).

SECTION 28.
Reserved.

SECTION 29.
Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended in:
(1) Code Section 29-3-32, relating to the property obligations of a conservator and investment of funds, by repealing and reserving paragraph (12), which refers to repealed provisions.
(2) Code Section 29-9-13.1, relating to authentication of documents in court proceedings, by replacing "as is provided in that Code section" with "as is provided in such Code sections" at the end of said Code section.

SECTION 30.
Reserved.

SECTION 31.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in:
(1) Code Section 31-1-3.2, relating to hearing screenings for newborns, by repealing and reserving obsolete subsections (f), (g), and (h).
(2) Code Section 31-2-11, relating to biopharmaceuticals and expedited review for Georgia based companies, by replacing "the PeachCare for Kids program" with "the PeachCare for Kids Program" in subsection (b).
(3) Code Section 31-6-43, relating to acceptance or rejection of application for certificate of need, by replacing "publishes notices of the filing" with "publishes notice of the filing" in the last sentence of subsection (i).
(4) Code Section 31-7-12.2, relating to regulation and licensing of assisted living communities, legislative intent, definitions, procedures, and requirements for medication aides, by replacing "As used in this Code Section" with "As used in this Code section" in the introductory language of subsection (b) and by replacing "Code section 31-2-8" with "Code Section 31-2-8" in paragraph (7) of subsection (c).
(5) Code Section 31-8-111, relating to rights as citizens for resident of long-term care facilities, by replacing "referenda" with "referendums" in paragraph (1).
(6) Code Section 31-8-193, relating to the establishment of programs to provide for health care services to low-income recipients and contracts with health care providers, by replacing "the Department of Public Health" with "the department" in paragraph (3) of subsection (b).
(7) Code Section 31-21-7, relating to preneed contracts and revisions, by replacing "18 years or older" with "18 years of age or older" in subsection (b) and by replacing "holds the right of disposition" with "hold the right of disposition" in subsection (e).
(8) Code Section 31-35-1, relating to legislative findings relative to vaccinations for firefighters, emergency medical technicians, and public safety officials, by replacing "Centers for Disease Control" with "Centers for Disease Control and Prevention".

SECTION 32.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in:
(1) Code Section 32-6-26, relating to the weight of a vehicle and load, by replacing "subparagraph (A) through (F)" with "subparagraphs (A) through (F)" in paragraph (2) of subsection (g).
(2) Code Section 32-6-28, relating to permits for excess weight and dimensions, by replacing "Code Section 32-6-22 and Code Section 32-6-26" with "Code Sections 32-6-22 and 32-6-26" in subparagraph (a)(1)(B); by replacing "Superload permit –" with "Superload permit." in subparagraph (c)(4)(B); and by replacing "Superload plus permit –" with "Superload plus permit." in subparagraph (c)(4)(C).
(3) Code Section 32-6-75.3, relating to application for tree trimming permit and annual renewal, forms, application fees, evaluation, and criteria for trimming trees or vegetation, by redesignating the current introductory language in paragraph (3) of subsection (e) as new subparagraph (e)(3)(D) and by redesignating current subparagraph (e)(3)(D) as new subparagraph (e)(3)(E); by replacing "self promotional" with "self-promotional" and "benefitting" with "benefiting" in subsection (h); and by replacing "$5000.00" with "$5,000.00" in subsection (i).
(4) Code Section 32-9-14, relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority, by replacing "including but not limited to, attendance" with "including but not limited to attendance" in subsection (g).

SECTION 33.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in:
(1) Code Section 33-1-19, relating to the Special Advisory Commission on Mandated Health Insurance Benefits, by replacing "Department of Insurance" with "Insurance Department" in paragraphs (1) and (2) of subsection (d) and in subsection (f).
(2) Code Section 33-5-25, relating to broker to ascertain financial condition of unauthorized insurer prior to placement of insurance therewith and placement of insurance with foreign or alien insurers, by replacing "$4,500,000.00" with "$4.5 million" at the end of the undesignated text at the end of subparagraph (b)(1)(A) and by replacing "the group's domiciliary regulatory" with "the group's domiciliary regulatory agency" in subparagraph (b)(1)(B).
(3) Code Section 33-20A-3, relating to definitions relative to patient protection, by replacing "advance practice nurse," with "advanced practice nurse," in paragraph (6).
(4) Code Section 33-24-53, relating to insurance and compensation for referrals or recommendations to attorneys prohibited and penalties, by replacing "All persons, except law enforcement personnel and persons named in the report shall be required" with "All persons, except law enforcement personnel and persons named in the report, shall be required" in subsection (c).
(5) Code Section 33-29A-30, relating to legislative findings and purpose and increasing availability of health insurance for uninsured individuals, by replacing "policies in Georgia that is currently approved" with "policies in Georgia that are currently approved".
(6) Code Section 33-29A-35, relating to adoption of rules and regulations by the Commissioner of Insurance and application of dispute resolution mechanism or provision, by replacing "Code Sections 33-24-27.1, 33-24-27, 31-24-59.12, and 33-29-6(c)." with "Code Sections 33-24-27, 33-24-27.1, and 33-24-59.12 and subsection (c) of Code Section 33-29-6." at the end of subsection (a).
(7) Code Section 33-30-1, relating to "group accident and sickness insurance" and "true association" defined, by replacing "paragraph (2) of this Code section" with "paragraph (2) of this subsection" in paragraph (3) of subsection (a).
(8) Code Section 33-45-5, relating to application for approval or renewal of certificate of authority regarding continuing care providers and facilities, by replacing "annual disclosure statements" with "annual disclosure statement".
(9) Code Section 33-45-7, relating to requirements for continuing care agreements, addenda, and amendments, by replacing "a list all properties" with "a list of all properties" in paragraph (1) of subsection (a).
(10) Code Section 33-45-8, relating to portion of entrance fee paid by resident of a continuing care facility to be held in escrow account, by replacing "subparagraph (A) of paragraph (6) of subsection (a)" with "subparagraph (a)(6)(A)" in paragraph (2) of subsection (b) and by replacing "subparagraph (B) of paragraph (6) of subsection (a)" with "subparagraph (a)(6)(B)" in paragraph (3) of subsection (b).

SECTION 34.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended in:
(1) Code Section 34-14-3, relating to the establishment of the Governor's Office of Workforce Development, the executive director, and the attachment to Office of Planning and Budget, by replacing "the Board of Technical and Adult Education" with "the State Board of the Technical College System of Georgia" in paragraph (3) of subsection (a).

SECTION 35.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in:
(1) Code Section 35-1-4, relating to requirements for reporting stolen motor vehicles and license plates and effect on the Georgia Crime Information Center, by replacing "paragraph (14) of Code Section 35-3-33." with "paragraph (14) of subsection (a) of Code Section 35-3-33."
(2) Code Section 35-1-17, relating to local law enforcement agencies to enter into agreements with federal agencies for the enforcement of immigration laws, by replacing "memorandum of understandings" with "memorandums of understanding" in paragraph (2) of subsection (b).
(3) Code Section 35-2-1, relating to the creation of the Board of Public Safety, by revising subparagraphs (b)(2)(D) and (b)(2)(E) as follows:
"(D) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia State Firemen's Association; the first representative shall serve an initial term ending on January 20, 1984. Each, each subsequent term shall be being for three years; and
(E) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Fire Chiefs; the first representative shall serve an initial term beginning on January 21, 2011. Each, each term shall be being for three years."
(4) Code Section 35-2-49, relating to the provision of uniforms and equipment to sworn members of the Department of Public Safety and radio operators and retention of weapons and badges upon retirement, by replacing "Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation" with "Department of Driver Services (formerly known as the Department of Motor Vehicle Safety), Public Service Commission, Department of Transportation" and by replacing "Georgia Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation" with "Department of Driver Services (formerly known as the Department of Motor Vehicle Safety), Public Service Commission, Department of Transportation".
(5) Code Section 35-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to center, by replacing "subparagraph (A) of paragraph (1) of Code Section 35-3-33" with "subparagraph (a)(1)(A) of Code Section 35-3-33" and "subparagraphs (B), (C), and (D) of paragraph (1) of Code Section 35-3-33." with "subparagraphs (a)(1)(B), (a)(1)(C), and (a)(1)(D) of Code Section 35-3-33." in subsection (a), by replacing "paragraph (1) of Code Section 35-3-33," with "paragraph (1) of subsection (a) of Code Section 35-3-33," in subsection (c), and by replacing "paragraph (9) of Code Section 35-3-33." with "paragraph (9) of subsection (a) of Code Section 35-3-33." in subsection (j).
(6) Code Section 35-3-37, relating to inspection of criminal records and purging, modifying, or supplementing of records, by replacing "control of disputed record" with "control of the disputed records" in subsection (c).
(7) Code Section 35-8-2, relating to definitions relative to the "Georgia Peace Officer Standards and Training Act," by replacing "a solicitor general," with "a solicitor-general," in paragraph (4).
(8) Code Section 35-9-15, relating to the appointment of a law enforcement officer of the United States or any state as an officer of this state, by replacing "Chapter 8 of Title 35," with "Chapter 8 of this title," in paragraph (2) of subsection (e).

SECTION 36.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in:
(1) Code Section 36-8-6, currently repealed under Chapter 8, relating to county police, by designating said Code section as reserved.

(2) Code Section 36-31-8, relating to transition periods for governmental functions and appointment by the Governor of interim representatives, in paragraph (2) of subsection (e) as follows:
"(2) Provisions of Code Sections Section 12-8-31.1 and 12-8-39.2, relating to solid waste planning and solid waste management reporting;"
(3) Code Section 36-32-13, relating to municipal court clerks and the role of the Municipal Courts Training Council, by replacing "8 hours" with "eight hours" in paragraph (2) of subsection (b).
(4) Code Section 36-36-3, relating to report identifying annexed property, maps and surveys, technical assistance to municipalities, and preclearance, by replacing "stating their intent" with "stating its intent" in paragraph (3) of subsection (a).
(5) Code Section 36-37-6, relating to disposition of municipal property generally, by replacing "in any way provided, however, that" with "in any way; provided, however, that" in paragraph (2) of subsection (j).
(6) Code Section 36-44-3, relating to definitions relative to the "Redevelopment Powers Law," by replacing "U.S. Bureau of the Census" with "United States Bureau of the Census" in division (7)(A)(iii).
(7) Code Section 36-44-9, relating to computation of allocation increments of districts, property tax included, and use of tax funds, by replacing "consolidated government or board of education" with "consolidated government, or board of education" in subsection (e).
(8) Code Section 36-60-13, relating to multiyear lease, purchase, or lease-purchase contracts, by replacing "lease purchase contracts" with "lease-purchase contracts" in the introductory paragraph of subsection (a).
(9) Code Section 36-66-4, relating to hearings on proposed zoning decisions, by replacing "local government then:" with "local government, then:" in the introductory paragraph of subsection (b) and by replacing "subsection (b)" with "subsection (c)" in subparagraph (d)(4)(C).
(10) Code Section 36-66A-1, relating to definitions relative to transfer of development rights, by replacing "groundwater recharge area;" with "ground-water recharge area;" and by replacing "aesthetic," with "esthetic," in paragraph (6).
(11) Code Section 36-66A-2, relating to procedures, methods, and standards for transfer of development rights, by replacing "enter in to" with "enter into" in subsection (f).
(12) Code Section 36-76-4, relating to application process for the issuance of a state franchise for a cable service provider, by striking "and" at the end of paragraph (3) of subsection (c).
(13) Code Section 36-82-10, relating to reporting requirements for bonds, by replacing "$1 million, shall" with "$1 million shall" in the introductory paragraph of subsection (b).
(14) Code Section 36-83-7, relating to state technical assistance in the local government investment pool, by replacing "operating needs, by:" with "operating needs by:" in the introductory paragraph of said Code section.
(15) Code Section 36-88-6, relating to criteria for enterprise zones, by replacing "Federal Bureau of the Census," with "United States Bureau of the Census," in subsection (a) and by replacing "U.S. Bureau of Census;" with "United States Bureau of the Census;" in paragraph (1) of subsection (b).
(16) Code Section 36-89-2, relating to appropriation and purpose of homeowner tax relief grants, by replacing "In each year the General Assembly" with "In each year, the General Assembly" and by replacing "school districts, in order to" with "school districts in order to" in said Code section.
(17) Code Section 36-91-100, relating to definitions regarding bidding for government works projects, by replacing "pursuant to Article 2 of Chapter 70 of Title 36" with "pursuant to Article 2 of Chapter 70 of this title" in paragraph (1) and by replacing "provisions of Chapter 62 of Title 36" with "provisions of Chapter 62 of this title" in paragraph (3).
(18) Code Section 36-91-102, relating to planning, finance, construction, acquisition, leasing, operation, and maintenance of government works projects, implementation, and lobbying restrictions, by replacing "ten days notice" with "ten days' notice" in subparagraph (c)(4)(A).
(19) Code Section 36-92-4, relating to regulation of settlement of actions against local government entities, by replacing "tortfeasor," with "tort-feasor," in subsection (g).

SECTION 37.
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in:
(1) Code Section 37-4-107, relating to appointment of client representatives and guardians ad litem, notification provisions, and duration and scope of guardianship ad litem, by replacing "first class mail." with "first-class mail." in subsection (d).
(2) Code Section 37-10-2, relating to the Interstate Compact on Mental Health, by replacing "Commissioner of Behavioral Health and Developmental Disabilities," with "commissioner of behavioral health and developmental disabilities," in subsection (a) of Article XV of the compact.

SECTION 38.
Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended in:
(1) Code Section 38-2-251, currently repealed under Part 3 of Article 3 of Chapter 2, relating to pay, pensions, and allowances, by designating said Code section as reserved.
(2) Code Section 38-3-3, relating to definitions relative to emergency management, by replacing "42 U.S.C. 2011," with "42 U.S.C. Section 2011," in paragraph (3).
(3) Code Section 38-3-22.2, relating to the establishment of the Airport Anti-Terrorism Training Committee, by replacing "Anti-Terrorism" with "Antiterrorism" once in paragraph (1) of subsection (a), twice in the introductory language of subsection (b), once in subsection (c), and twice in subsection (d).
(4) Code Section 38-3-57, relating to the establishment under the Georgia Emergency Management Agency of a standardized, verifiable, performance based unified incident command system, utilization, training, implementation, and funding, by replacing "the Georgia Forestry Commission," with "the State Forestry Commission," in subsection (c).

SECTION 39.
Reserved.

SECTION 40.
Reserved.

SECTION 41.
Reserved.

SECTION 42.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in:
(1) Code Section 42-2-14, relating to the power of the Governor to declare a state of emergency with regard to jail and prison overcrowding, by deleting the obsolete reference "provisions, other than bonding requirements, of Chapter 3 of this title, known as the 'Georgia Building Authority (Penal) Act,'" in said Code section.
(2) Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, completion of alcohol and drug use risk reduction program, notice of requirements, and fees for driver's license, by replacing "subject-matter" with "subject matter" in subsection (f).

SECTION 43.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in:
(1) Code Section 43-34-171, relating to definitions regarding clinical perfusionist licensure, by replacing "chemotherapeutic" with "chemotherapeutics" in division (6)(B)(vii).
SECTION 44.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in:
(1) Code Section 44-14-366, relating to mechanics and materialmen and waiver of lien or claim upon bond in advance of furnishing labor, services, or materials void, interim waiver and release upon payment, unconditional waiver and release upon final payment, and affidavit of nonpayment, by inserting a period following "THE ABOVE FACTS ARE SWORN TRUE AND CORRECT BY THE UNDERSIGNED, THIS ______ DAY OF ______________, ____" in the form in subparagraph (f)(2)(C).

SECTION 45.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in:
(1) Code Section 45-10-28, relating to penalties for violation of part, civil actions by Attorney General to collect penalties, and violations by public official, agency head, or employee, by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, in subsection (c).
(2) Code Section 45-15-13, relating to the representation of state authorities by the Attorney General, by deleting obsolete reference "Georgia Building Authority (Penal)," in said Code section.

SECTION 46.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in:
(1) Code Section 46-1-1, relating to definitions and exclusions in regard to general provisions relative to public utilities and public transportation, by replacing "rentor's" with "renter's" in subparagraph (C) of paragraph (5.1).
(2) Code Section 46-2-28, relating to procedure for issuance of stocks, bonds, notes, or other debt by companies under the Public Service Commission's jurisdiction and exemptions, by replacing "of this Code section, if" with "of this Code section if" in the introductory language of subsection (g).
(3) Code Section 46-5-134, relating to billing of subscribers, liability of subscriber for service charge, taxes on service, establishment of Emergency Telephone System Fund, records, and use of funds, by replacing the single quotation marks with double quotation marks at the beginning and end of the term "employee benefits" in subparagraph (f)(1)(C); by replacing "maintenance of emergency 9-1-1 system" with "maintenance of the emergency 9-1-1 system" in subparagraph (f)(1)(D); by replacing the single quotation marks with double quotation marks at the beginning and end of the term "cost of insurance" in division (f)(2)(B)(i); by replacing "hardware and software that supports the use" with "hardware and software that support the use" in division (f)(2)(B)(v); and by replacing "shall certify in their audit" with "shall certify in its audit" in paragraph (1) of subsection (m).
(4) Code Section 46-5-134.2, relating to prepaid wireless 9-1-1 charge, definitions, imposition of fee by localities, collection and remission of charges, and distribution of funds, by replacing "Section 20.3 of Title 47 of the Code of Federal Regulations" with "47 C.F.R. Section 20.3" in paragraph (9) of subsection (a), by replacing "75 cents" with "75¢" in paragraph (1) of subsection (b), and by replacing "ten minutes or less, or $5.00" with "ten minutes or less or $5.00" in subsection (g).

SECTION 47.
Reserved.

SECTION 48.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in:
(1) Code Section 48-8-3, relating to exemptions from state sales and use tax, by replacing the period with a semicolon at the end of subparagraph (G) of paragraph (33.1) and by designating currently repealed paragraph (58) as reserved.

SECTION 49.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in:
(1) Code Section 49-10-3, relating to powers, duties, and responsibilities regarding the Georgia Board for Physician Workforce, by replacing "Award service cancelable loans" with "To award service cancelable loans" in paragraph (2).

SECTION 50.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in:
(1) Code Section 50-5-69, relating to purchases without competitive bidding, a central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and Purchasing Advisory Council, by replacing "the commissioner of technical and adult education" with "the commissioner of the Technical College System of Georgia" in subsection (a) and by replacing "purchases made through procurement card" with "purchases made through procurement cards" in subsection (c).
(2) Code Section 50-8-240, relating to the creation, members, vacancies, and quorum regarding the Martin Luther King, Jr., Advisory Council, by replacing "the Martin Luther King, Jr. Advisory Council" with "the Martin Luther King, Jr., Advisory Council" in subsection (a).
(3) Code Section 50-8-241, relating to duties of the Martin Luther King, Jr., Advisory Council, by replacing "Martin Luther King, Jr. Advisory Council" with "Martin Luther King, Jr., Advisory Council" in the introductory paragraph of said Code section.
(4) Code Section 50-16-38, relating to all state entities to acquire real property through the State Properties Commission, exceptions, procedure for handling acquisition requests, funds for acquisitions, donations, and conveyance of title, by replacing "All state entities" with "all state entities" in the undesignated text at the end of subsection (a).
(5) Code Section 50-17-21, relating to definitions regarding state financing and investment, by deleting obsolete reference "Georgia Building Authority (Penal)," in paragraph (9).
(6) Code Section 50-17-50, relating to the creation of the State Depository Board, membership, quorum, board to name state depositories, and assignment for administrative purposes, by deleting "referred to in this article as the 'state treasurer,'" which is redundant.
(7) Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority regarding public records, by replacing "upon such toll" with "upon any toll" in paragraph (18) of subsection (a).
(8) Code Section 50-36-1, relating to verification requirements, procedures, and conditions for verification of lawful presence within the United States, exceptions, regulations, and criminal and other penalties for violations, by revising subsection (e) as follows:
"(e)(1) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to:
(1)(A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2; and
(2)(B) Execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States, which affidavit shall state and stating:
(A)(i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or
(B)(ii) The applicant is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., 18 years of age or older lawfully present in the United States and provide providing the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency; and.
(3)(2) The state auditor shall create affidavits for use under this Code section subsection and shall keep a current version of such affidavits on the Department of Audits and Account's Accounts' official website.
(4)(3) Documents required by this Code section subsection may be submitted electronically, provided the submission complies with Chapter 12 of Title 10."

SECTION 51.
Reserved.

SECTION 52.
Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and water craft, is amended in:
(1) Code Section 52-7-8, relating to the classification of vessels and required equipment regarding the registration, operation, and sale of watercraft generally, by revising subsections (k) and (l) as follows:
"(k) Definition. As used in this Code section, the words 'personal flotation device' shall not include flotation devices such as plastic toys, rafts, and other devices used for recreational purposes in or around swimming pools, lakes, or beaches when such devices are easily recognizable as not being designed or intended for use as lifesaving devices. Any person who violates this Code section shall be guilty of a misdemeanor.
(l) Penalty. Any person who violates this Code section shall be guilty of a misdemeanor."

SECTION 53.
Reserved.

SECTION 54.
(a) Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by The Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 2011 supplements to the Official Code of Georgia Annotated published under authority of the state in 2011 by LEXIS Publishing, are reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia.
(b) Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated.
(c) The reenactment of the statutory portion of the Official Code of Georgia Annotated by subsection (a) of this section shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements.
(d) The provisions contained in other sections of this Act and in the other Acts enacted at the 2012 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by subsection (a) of this section.
(e) In the event of an irreconcilable conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2012 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.

SECTION 55.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; except that Section 24 and paragraph (2) of Section 29 shall become effective January 1, 2013.

SECTION 56.
All laws and parts of laws in conflict with this Act are repealed.
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