Any change or correction made by the Code Revision Commission pursuant to its authority under this subsection shall not become the law of the State of Georgia if such change or correction results in an alteration of the meaning, sense, or effect of the Acts and resolutions of the General Assembly, even though such change or correction may have been included in a pocket part, supplement, or revised volume of the Official Code of Georgia Annotated which has been reenacted by a bill authorized by subsection (c) of this Code section.
(Code 1981, §28-9-5, enacted by Ga. L. 1985, p. 202, § 1; Ga. L. 1986, p. 10, § 28; Ga. L. 2014, p. 866, § 28/SB 340; Ga. L. 2015, p. 5, § 28/HB 90.)
Code Commission notes.- The last sentence of current subsection (c) of this Code section regarding the effect of reenactment of the Code was added by Ga. L. 2014, p. 866, § 28/SB 340, in immediate response to (and in rejection of) footnote 3 of the majority opinion in Rutter v. Rutter, 294 Ga. 1, 749 S.E.2d 657 (2013).
Editor's notes.- The Act which enacted this Code section was signed on the same day as, but subsequent to, the Act which enacted Code Sections28-9-1 through28-9-4. Section 2 of the Act which enacted this Code section provided that this Code section would be designated " § 28-1-16" in the event that Ga. L. 1985, p. 197 (enacting §§ 28-9-1 through28-9-4) was not enacted at the 1985 session. Ga. L. 1985, p. 197 was signed into law effective February 12, 1985.
Ga. L. 2013, p. 141, § 54(d)/HB 79, not codified by the General Assembly, provides that: "For purposes of publishing volumes, replacement volumes, and supplements to the Official Code of Georgia Annotated pursuant to Chapter 9 of Title 28: legislation enacted at the same session of the General Assembly and amending the same statutory provision shall be considered in pari materia, and full effect shall be given to each if that is possible; Acts enacted during the same session shall be treated as conflicting with each other only to the extent that they cannot be given effect simultaneously; in the event of such a conflict, the latest enactment, as determined by the order in which bills became law with or without the approval of the Governor, shall control to the extent of the conflict unless the latest enactment contains a provision expressly ceding control in such an event; and language carried forward unchanged in one amendatory Act shall not be read as conflicting with changed language contained in another Act passed during the same session." This provision was later codified by Ga. L. 2014, p. 866, § 28/SB 340, as subsection (b) of Code Section 28-9-5.
For Acts reenacting the Official Code of Georgia Annotated, see the Editor's notes to § 1-1-1.
JUDICIAL DECISIONS
Effect of adoption of Code by General Assembly.
- Adoption of a Code by the General Assembly, which was prepared for the legislature by a Code commission, was a legislative act which gave force and effect of law to the entire contents of such Code and cured any alleged defect in such content. Central of Ga. Ry. v. State, 104 Ga. 831, 31 S.E. 531 (1898).
Whether Code sections are taken from statutes of the state or otherwise, when they are incorporated in a Code adopted by the legislature of this State, they have the effect of statute law. Lumpkin v. Patterson, 170 Ga. 94, 152 S.E. 448 (1930).
Substantive amendment not related to object of Code reviser bill unconstitutional.
- 1989 amendment to O.C.G.A. § 34-9-13(e), which greatly limited availability of workers' compensation benefits to surviving spouses but was enacted in Code reviser bill that had the object and title reflecting a purpose of correcting only grammatical errors and to modernize language in various statutes, violated Ga. Const. 1983, Art. III, Sec. V, Para. III. Sherman Concrete Pipe Co. v. Chinn, 283 Ga. 468, 660 S.E.2d 368 (2008).
Non-profit association lacked standing to pursue quo warranto against Commission members.
- Non-profit association with the purpose of focusing on public interest matters of self-defense and gun laws of the State of Georgia was not a "person" which could claim to have an interest in the offices held by the Georgia Code Revision Commission members for purposes of pursuing a writ of quo warranto under O.C.G.A. § 9-6-60. No association standing was shown because the interests the association sought to protect were not shown to be germane to its purpose. Georgiacarry.org, Inc. v. Allen, 299 Ga. 716, 791 S.E.2d 800 (2016).
Cited in Rutter v. Rutter, 294 Ga. 1, 749 S.E.2d 657 (2013); GeorgiaCarry.Org, Inc. v. Code Revision Commission, 299 Ga. 896, 793 S.E.2d 35 (2016); Evans v. Gwinnett County Public Schools, 337 Ga. App. 690, 788 S.E.2d 577 (2016).
RESEARCH REFERENCES
Am. Jur. 2d.
- 73 Am. Jur. 2d, Statutes, §§ 112 et seq., 131 et seq.
C.J.S.- 82 C.J.S., Statutes, §§ 326, 336.
CHAPTER 10 GEORGIA RAIL PASSENGER AUTHORITY OVERVIEW COMMITTEESec.
- Construction and operation of rail passenger service projects by Georgia Rail Passenger Authority, § 46-9-270 et seq.
Code Commission notes.- Code sections comprising a new Chapter 9 of this title were added by Ga. L. 1985, p. 197, § 1 ( §§ 28-9-1 through28-9-4), Ga. L. 1985, p. 202, § 1 ( § 28-9-5), and Ga. L. 1985, p. 1283, § 2 ( §§ 28-9-1 through28-9-7). Pursuant to Code Section28-9-5, in 1985, the chapter enacted by Ga. L. 1985, p. 1283, § 2 was redesignated Chapter 10, and the Code sections enacted by that Act were redesignated Code Sections28-10-1 through28-10-7.