89 New Laws Go Into Effect Today
89 new laws passed by the General Assembly during the last session go into effect today.
Among them are laws allowing commercial advertisements on transit vehicles owned by local government, the ‘Move On When Ready Act’, changes to the HOPE grant structure, emailed court proceedings, changes to the criminal definition of kidnapping, and many others. The full list, with links, is available after the jump or you can download the Excel spreadsheet here.
Note: All descriptions are as provided by the GA Senate Press Office.
| HB 29 | Allows service of pleadings by e-mail with consent |
| HB 49 | Allows the Georgia Board for Physician Workforce to apply for grants and accept donations for the purpose of studying ways to enhance the medical education infrastructure and improve the physician workforce in our state. |
| HB 60 | Prohibits persons who are exempt from the requirements of the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law (such as clergy members or students) from presenting themselves to the public as being licensed to practice professional counseling. |
| HB 64 | Specifies that a funeral director must file a death certificate within 72 hours. Physicians must return certification specifying the cause of death to the funeral director within 30 days, and those who fail to do so may be reported to the Composite State Board of Medical Examiners |
| HB 68 | Relates to the operations of funeral homes and crematories.Also states that crematoriums cannot be located within 1000 feet of a plotted subdivision. |
| HB 69 | Allows a physician to issue a Do Not Resuscitate (DNR) when there is oral or written consent from an authorized health care agent operating under a durable power of attorney |
| HB 80 | Current law allows a corporation that is not publicly owned to effectuate life insurance upon its employees in whom it has an insurable interest, if the insurance contract or contracts held by the corporation cover at least 100 employees. This legislation reduces the 100 employee minimum to two employees |
| HB 86 | Requires absentee ballots to be counted by precinct and separate returns to be made showing the results by each precinct |
| HB 93 | Gives the Georgia Medical Center Authority additional powers |
| HB 101 | This legislation authorizes the commercial advertisements on or in transit vehicles or facilities owned or operated by a transit agency. Allows local governments to remove or leave asbestos pipes in right of ways in contained in existing utility facilities owned by the local government. |
| HB 116 | Extends the sales tax exemption on aircraft parts used on airplanes not registered in Georgia through June 30, 2011 |
| HB 119 | 2010 Fiscal Year Budget |
| HB 126 | Enacts the Uniform Electronic Transactions Act to replace the Georgia Electronic Record and Signatures Act |
| HB 149 | This bill creates the ‘Move on When Ready Act” that allows eleventh and twelfth graders to attend college for high school course credit |
| HB 157 | Changes the conditions under which the book allowance or mandatory fees under HOPE may be reduced due to a lottery shortfall |
| HB 160 – Part I | Increased Driver’s License Reinstatement Fees – Part I of this legislation increases several driver’s license reinstatement fees. These fees are imposed and collected by the Department of Drivers Services (DDS). |
| HB 167 | Adds a new judge to Cherokee County State Court |
| HB 184 | Requires the Department of Human Resources to make available in electronic format information regarding the importance of being tested for Sickle Cell Disease and recommend that applicants for a marriage license obtain such blood test.The department must make the information available to the probates courts for dissemination to marriage license applicants. |
| HB 189 | Requires private child support collection agencies operating in Georgia to register with the Secretary of State and file sample contracts with consumers with the Office of Consumer Affairs. Also revises the applicability of the Georgia Arbitration Code because the General Assembly finds that entities need to cooperate with each other to ensure parents with better options on child support obligations. |
| HB 210 | Amends provisions relating to membership in the Georgia Judicial Retirement System. Clarifies hat persons who are members as a result of their employment with the Office of Legislative Counselor or the Attorney General’s Office will be subject to the same provisions applicable to solicitors-general of the state court. Also, it clarifies that the employer contributions paid on behalf of such members will be paid by the respective employers of the members. |
| HB 212 | The State sales tax exemption for qualifying jet fuel purchases is extended through June 30, 2011.Delta and any other qualifying airlines that are exempt must have an excess of 750,000 takeoffs and landings in one year. |
| HB 221 | Parties cannot use writs of mandamus or prohibition until a motion to recuse a judge has been filed |
| HB 226 | Allows judges to require certain defendants sentenced to probation to complete a period of confinement in a probation detention center |
| HB 227 | Allows voters who have obtained a restraining order or who are residents of family violence shelters to request that their addresses remain confidential |
| HB 228 | Reorganizes state’s health and human services agencies, placing duties into three departments: The Department of Community Health; The Department of Human Services; and the Department of Behavioral Health and Developmental Disabilities |
| HB 229 | Requires schools to conduct annual fitness tests on students in grades first to twelfth |
| HB 237 | Allows the adoptive parents of hard-to-place foster children to receive financial assistance regardless of whether the adoption is private or handled by the state. |
| HB 243 | A teacher who receives a salary increase for holding national board certification will not receive the increase if they leave a teaching position after March 1, 2009 |
| HB 254 | DHR must attempt to locate the adult relatives of a child removed from the custody of his or her parents; requires notice of child placement procedures; provides for conditions that must be met prior to a child placement. |
| HB 280 | Provides salary increase for math and science teachers in 2010 |
| HB 300 | Requires local school systems to provide information to parents on meningococcal meningitis disease and its vaccine |
| HB 306 | Electronic pretrial release and monitoring |
| HB 308 | Technical changes to GA LLC Act |
| HB 310 | Statewide recycling program -statewide recycling program for state agencies is to include steel cans, plastic and glass bottles, and all grades of paper, including cardboard.The bill also states that the General Assembly finds that it is in the best interests of the state to encourage recycling and that state agencies can contribute in a meaningful way. |
| HB 312 | Provides licensing and educaton requirements for mortgage brokers |
| HB 313 | Revises provisions relating to the calculation of a student’s grade point average to determine HOPE eligibility so as to reflect the fact that Georgia no longer issues separate college preparatory and career/technical diplomas.Under this bill, all students enrolled in the ninth grade for the first time by the 2008-2009 school year must have a G.P.A. of at least 3.0 to meet achievement standards for the HOPE scholarship. |
| HB 324 | Court procedures must be the same for state and superior court |
| HB 330 | Workers’ compensation provisions – result of the recommendations by the Workers’ Compensation Advisory Board. |
| HB 344 | Allows courts to impose an additional fee for each day a defendant is required to report to a day reporting center |
| HB 364 | Sales and use tax; airplane flight simulation training device |
| HB 388 | Option of Adoption Act: This bill would allow a “legal embryo custodian,” defined as a person who holds the legal rights to a human embryo, to contract with a “recipient intended parent,” or person who receives a relinquished embryo and who accepts full legal rights for the embryo and any child that may be born as a result. |
| HB 395 | Extends a sales and use tax exemption for goods used in construction of a symphony hall through FY2011 |
| HB 427 | Provides criteria for pervasive property in an enterprise zone |
| HB 452 | Amends provisions relating to retirement and pensions under the Employees’ Retirement System, the Judicial Retirement System, and the Legislative Retirement System. Any person who becomes a member of one of these retirement systems on or after July 1, 2009 will not be eligible to receive any postretirement benefit adjustments. |
| HB 453 | Extends real estate sunset dates from 2012 to 2014 |
| HB 457 | Revises the definition of disabled adult to include a person with Alzheimer’s disease. The bill further provides that anyone who acts with specific intent to abuse, neglect, or exploit any disabled adult (including persons with Alzheimer’s) who is a resident of a long-term care facility will be guilty of a felony punishable by imprisonment of one to five years. |
| HB 476 | Retirement benefit options under the Peace Officers’ Annuity and Benefit Fund |
| HB 482 | Exempts business inventory from state ad valorem tax |
| HB 484 | Deems the dependent children of military personnel stationed in Georgia on active duty as residents for the purposes of receiving the HOPE scholarship |
| HB 495 | Creates a new statute that allows probate court judges to appoint associate probate court judges toserve concurrently with the appointing judge, subject to approval by the county governing authority; if a vacancy in probate court occurs after January 1 in the last year of a probate judge’s term of office, the person assuming the duties of the judge will be commissioned and will serve the remainder of the term of office.No special election will occur in this circumstance.The bill also states that probate courts will have jurisdiction over the appointment and removal of conservators of minors, guardians of incapacitated adults, conservators of incapacitated adults, and guardians of property. |
| HB 509 | Establishes the Medical Practice Act of the State of Georgia. It provides for comprehensive revision of the membership and duties of the Composite State Board of Medical Examiners, and it revises licensing requirements for physicians, acupuncturists, physician assistants, respiratory therapists, clinical perfusionists, and practitioners of orthotics and prosthetics. |
| HB 528 | Homeowner associations that charge annual fees over $500 must provide expense list to homeowners |
| HB 550 | Allows a mutual insurer to become a stock insurer that gives each policyholder payment as a paid-up life insurance policy with a cash value equal to 100 percent of the policyholder’s equity in the insurer |
| HB 575 | Change in the criminal definition of kidnapping |
| HB 608 | Expands definition of time share estate to include real property held in irrevocable trust |
| HB 639 | Special license plates; protect wild dolphins in Georgia |
| SB 8 | Allows students to administer epi-pens at school for severe allergic reactions |
| SB 14 | Restricts any person who is on the National Sex Offender Registry or the state sexual offended registry from becoming elected or serving on a local board of education |
| SB 26 | Clarifies certain provisions of the state’s Open Records Act by exempting certain email addresses as well as specific information related to neighborhood watch or public safety notification programs |
| SB 27 | Establishes April as Confederate History Month |
| SB 30 | This legislation would require suppliers of automotive gasoline under marketing agreements to offer unblended gasoline to gasoline distributors and gasoline dealers. The unblended gasoline must be suitable for blending with fuel alcohol, which is alcohol, methanol, or fuel grade ethanol.No supplier of automobile gasoline may stop a gasoline distributor or gasoline dealer in Georgia from being a fuel blender or from qualifying for any federal or state tax credit due to fuel blenders. |
| SB 38 | Authorizes the GBI to perform an autopsy on a person whose death occurs within a state owned or leased building or on the surrounding property of such building.also authorizes medical examiners to provide to an approved canine instructor or school human remains or biological substances for the purpose of search and rescue training. |
| SB 43 | Boll Weevil Eradication Fund changes |
| SB 44 | Preference for Georgia-Made Products in state purchases – This bill provides that public schools and state and local governments are to give a preference in purchases to Georgia-made products whenever reasonable and practicable. |
| SB 61 | Establishes the oversight and regulation of life settlement contracts |
| SB 63 | Exempts certain health plans from licensing provisions |
| SB 64 | Provides for mandatory HIV testing of any person who has been in the custody of a penal institution for one year or longer and who has not previously tested positive. |
| SB 76 | Repeals the requirement for workers’ compensation insurers to annually file certain cost and payment information with the Insurance Commissioner’s Office |
| SB 79 | Expands access to child abuse records to apply to near fatal incidents; includes a new definition for the term “near fatality,” which will mean an act that places a child in serious or critical condition as certified by a physician. |
| SB 82 | Adds certain requirements on recyclers regarding transaction records; a personal identification card is a drivers license with name, address, and photograph. |
| SB 85 | Creates the Georgia Aviation Authority |
| SB 86 | Requires Georgia citizens to provide proof of U.S. citizenship when registering to vote |
| SB 89 | Allows the consumption of food and beverages in a rapid rail station or intermodal bus station |
| SB 98 | Changes certain references to the State Merit System of Personnel Administration to the State Personnel Administration |
| SB 109 | Transfers certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys’ Council of the State of Georgia, and the Council of Juvenile Court Judges in regard to retirement. |
| SB 110 | Provides exception to prohibition against trapping wildlife on public roads |
| SB 111 | Removes light voltage restrictions when hunting wildlife at night |
| SB 114 | Eases the transfer and transition for school-aged children of active duty members of the military |
| SB 117 | Made in Georgia Program – requires a website to be created and maintained by the depart. of economic development for georgia made products – companies must make at least 50 percent of their products in georiga in order to qualify. |
| SB 133 | Revises the Health Share Volunteers in Medicine Act |
| SB 141 | Changes provisions of the “Georgia Fair Lending Act” related to the recording and fees for deeds under the power of sale and deficiency judgments as well as notice to the current resident of the property about the pending foreclosure |
| SB 144 | Repeals a provision that allows an applicant for an insurance agent’s license to be appointed as an agent by an authorized insurer prior to the actual issuance of the license |
| SB 151 | Testimony from crime victims and their families – gives family members of crime victims greater options in how they present their testimony before a jury.Allowa the family to submit an audio or videotaped testimony, as well as allow family members to present their statement via teleconference or by other electronic means.Under this legislation, a judge retains the right to review the testimony and decide what to permit in court. |
| SB 155 | Provides for an additional exception to 25-foot stream buffer requirement for emphemeral stream |
| SB 172 | Allows victims to recover for emotional and mental trauma without physical injury |
| SB 177 | Group Term life Insurance Benefits for LRS and JRS – amends provisions relating to retirement and pensions under the Employees’ Retirement System (ERS), the Judicial Retirement System (JRS), and the Legislative Retirement System (LRS). Specifically, this bill would affect any person who becomes a member of the Employees’ Retirement System as an appellate court judge, a member of the Judicial Retirement System, or a member of the Legislative Retirement System on or after July 1, 2009. If this legislation is enacted, those persons would no longer be eligible for the group term life insurance (GTLI) coverage provided by their respective retirement system. Any current participants in GTLI will remain with coverage. |
| SB 193 | Work release and transitional centers during final year of incarceration – authorizes the Department of Corrections to consider certain offenders for participation in a transitional center or work release program during the offender’s final year of incarceration. |
| SB 196 | Right of way violations resulting in serious injuries – provides for a 30-day driver’s license suspension for anyone convicted two or more times of causing serious injury to another person due to a right of way violation resulting in a collision with a motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products.In addition to the suspension, the driver will be fined from $500.00 up to $1,000.00 and imprisoned from 10 days up to 12 months.Such fine will be mandatory and may not be waived, suspended, or conditioned upon the completion of any course or prison sentence. This legislation also clarifies current language related to penalties for driving without license.Finally, Section 6 of this legislation increases the administrative fee, from $15.00 to $22.00, that DUI Alcohol or Drug Use Risk Reduction Programs must pay to DDS by $7.00.To make up for the fee, such programs are authorized to charge $7.00 more, from $75.00 to $82.00, for the assessment component of their programs. |
| SB 201 | Voluntary contributions for cancer research – Under current law, the Department of Human Resources can promote and solicit voluntary contributions through individual income tax returns to support the breast, prostate, and ovarian cancer research fund. This bill specifies that such contributions may be for all types of cancer research. |
C/P: GeorgiaLegislativeWatch.com
July 1, 2009 – 7:45 am Posted in Legislation by Jeff
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