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Contracts Trade Secrets: Provide Definition, A. Chapar
Contracts Trade Secrets: Provide Definition, A. Chapar
Georgia State University Law Review
The Act defines trade secret and states that all rights relating to trade secrets shall be in accord with the term as used in the Act.
Professions And Businesses Athlete Agents: Amend Provisions, A. Stafford
Professions And Businesses Athlete Agents: Amend Provisions, A. Stafford
Georgia State University Law Review
The Act amends the regulations governing the conduct of athlete agents by giving the Athlete Agents Regulatory Commission additional powers to discipline or revoke the registration of athlete agents. The Act adds criminal penalties for violation of the Act. The Act also reduces the amount of the bond that an athlete agent is required to post.
Property Title Registration: Amend Provisions, A. Stafford
Property Title Registration: Amend Provisions, A. Stafford
Georgia State University Law Review
The Act amends the title registration requirements allowing title to registered land to be acquired by adverse possession, and by treating registered land as unregistered for purposes of recording and transfer.
Torts Torts: Defamation And Abusive Litigation, A. Chapar
Torts Torts: Defamation And Abusive Litigation, A. Chapar
Georgia State University Law Review
One person may sue another for libelous statements made in visual or sound media. Section 1 of the Act permits a defendant to plead and prove certain facts which will prevent the plaintiff from recovering punitive damages and also will mitigate actual damages. These facts include: the defendant acted without malice; the plaintiff did not request a retraction; or the defendant published a retraction in a manner as conspicuous as that of the defamatory statement. Section 2 of the Act defines the tort of abusive litigation. A plaintiff may sue in tort if a defendant, with malice, levied a claim …
Wills, Trusts And Administration Of Estates Changes In The Law Of Wills, A. Chapar
Wills, Trusts And Administration Of Estates Changes In The Law Of Wills, A. Chapar
Georgia State University Law Review
The Acts provide for changes to the Georgia law of wills. HB 157 provides that the residence of decedents in the care of nursing homes at the time of death shall normally be the county of residence before the entry of the decedent into the facility. HB 257 defines uniform procedures governing appointment of a guardian over an incapacitated adult who owns real property. HB 258 permits lawfully admitted aliens to perform as executors of estates. HB 259 expands the concurrent jurisdiction of probate courts with superior courts to include the acceptance of the resignation of a trustee.
Crimes And Offenses Buying Or Selling Human Body Parts: Include Fetal Tissue, B. Rowe
Crimes And Offenses Buying Or Selling Human Body Parts: Include Fetal Tissue, B. Rowe
Georgia State University Law Review
The Act makes the buying or selling of a human fetus or any part of a human fetus a felony.
Professions And Businesses Health: Registered Nurses And Physicians' Assistants May Order Drugs Under Protocol, B. Rowe
Georgia State University Law Review
The Act expands the scope of practice for registered professional nurses and physicians' assistants to include the ordering of certain drugs, medical treatments, and diagnostic studies by reference to a nurse protocol or a physician's assistant's job description. Registered nurses and physicians' assistants may dispense drugs in certain settings.
State Government Open Meetings Legislation In The 1989 Session Of The Georgia General Assembly, C. Keen
State Government Open Meetings Legislation In The 1989 Session Of The Georgia General Assembly, C. Keen
Georgia State University Law Review
Open meetings legislation, which was introduced during the 1989 session of the Georgia General Assembly, included: A proposed constitutional amendment which would have made all General Assembly sessions and committee meetings open to the public; a bill dealing with open meeting and records provisions of school disciplinary hearings; a bill which would have exempted most records dealing with the hiring of high-level or professional personnel by a state agency, and which exempted records resulting from staff services to the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office; a bill which, although similar to the …
Commerce And Trade Georgia Seed Capital Fund: Create, D. Whiting-Pack
Commerce And Trade Georgia Seed Capital Fund: Create, D. Whiting-Pack
Georgia State University Law Review
The Act authorizes the creation of a State Seed Capital Fund which will provide capital to innovative businesses. the Act authorizes the Advanced Technology Development Center to manage the fund, subject to approval by the Georgia Board of Regents. The Act also permits the State to disburse funds to investment partnerships and to challenge the investments of partnerships engaged in innovative projects. The Act also provides for the disbursement of returns on investment of state funds, liquidation of investment partnerships, limitations on investments by investment partnerships, and annual reporting requirements.
Revenue And Taxation Increase In Hotel And Motel Excise Tax To Finance Industrial Bonds: Georgia Dome, D. Vaughan
Revenue And Taxation Increase In Hotel And Motel Excise Tax To Finance Industrial Bonds: Georgia Dome, D. Vaughan
Georgia State University Law Review
The Act amends Chapter 13 of Title 48 of the Official Code of Georgia Annotated by increasing the rate of tax that may be levied by certain counties and municipalities on motel and hotel rooms, lodgings, and accommodations, and by authorizing those counties to expend the funds collected to promote tourism and construct a convention facility.
Elections The Recall Act Of 1989: Provide Specific Grounds For Recall, E. Imes
Elections The Recall Act Of 1989: Provide Specific Grounds For Recall, E. Imes
Georgia State University Law Review
The Act replaces the Recall Act of 1979, which was struck down by the Georgia Supreme Court in 1988. The supreme court declared the original Act unconstitutional because it did not provide specific standards of misconduct supporting the recall of an elected official. The new version provides standards and guidelines governing the recall of any elected public official who, while holding public office, acts in a manner adverse to public administration. The Act also provides for the judicial review of a recall petition.
Domestic Relations Child And Spousal Support: Comply With Federal Guidelines To Enforce Child Support Awards, F. Cullen
Georgia State University Law Review
The Act amends the Code section relating to the enforcement of child and spousal support payments to comply with the federal Child Support Enforcement Amendments of 1984 and the Family Support Act of 1988. The Act provides guidelines for courts to use in determining the amount of child support awards. Further, the Act grants the court authority to enforce obligations of spousal and child support by ordering immediate wage deductions. It also provides for periodic review and adjustment of child support orders.
Domestic Relations Legitimation Cases: Establish The Duty Of The Father To Support His Child, F. Cullen
Domestic Relations Legitimation Cases: Establish The Duty Of The Father To Support His Child, F. Cullen
Georgia State University Law Review
The Act amends section 19-7-22 relating to legitimation of children. The Act authorizes the court to establish the father's duty to provide child support concurrent with the court's order declaring his child to be legitimate.
Insurance Insurance Regulation: Tentative Steps Toward Reform, H. Pruett
Insurance Insurance Regulation: Tentative Steps Toward Reform, H. Pruett
Georgia State University Law Review
SB 30 prohibits insurers, small loan companies, and their respective political action committees from contributing to the campaign for the Office of the Insurance Commissioner. SB 31 requires the Insurance Commissioner to release to the public each year a list of written requests for assistance by citizens against insurers. HB 178 requires the Insurance Commissioner to publish a supplemental annual report listing insurance companies deemed to be in financial difficulty. HB 182 requires insurers to engage a loss reserve specialist when reserves fall below the standard. HB 183 prohibits certain direct response advertising by insurers. HB 201 creates certain requirements …
Motor Vehicles And Traffic Serious Injury By Vehicle: Define Crime, J. Bagwell
Motor Vehicles And Traffic Serious Injury By Vehicle: Define Crime, J. Bagwell
Georgia State University Law Review
The Act creates a new felony offense of serious injury by vehicle resulting from reckless driving. Previously, the Code restricted the felony offense of serious injury by vehicle to reckless driving due to impairment of ability by alcohol or drugs. The Act broadens the statute's scope to include reckless driving without such impairment.
Buildings And Housing Georgia Residential Finance Authority Act: Increase Authority To Issue Bonds To Provide Facilities For The Elderly And Mentally Disabled, M. Hathaway
Georgia State University Law Review
The Act adds language to the Georgia Residential Finance Authority (GRFA) statute permitting the GRFA to issue bonds for two additional types of housing activities. The new bonding authority allows the GRFA to finance home equity conversion mortgages for the elderly and residential facilities for the mentally disabled. Funding limits for these new programs fall under pre-existing bond ceilings of the Authority. The Act establishes funding limits for the program and also postpones the due date for the state housing goal report from 1989 to 1990. The Act requires the filing of these reports each even-numbered year thereafter.
Nuisances Health Hazard: Enable Counties And Municipalities To Require Owners To Repair Or Demolish Buildings Used For Illegal Drug Activities, M. Hathaway
Georgia State University Law Review
The Act amends the statutory definition of an unfit building to include vacant, dilapidated structures that are used in connection with the commission of drug crimes; a county or municipality may require the repair, closing, or demolition of buildings found to be unfit. The Act also provides investigative standards for determining when a building is unfit and for notice requirements.
Courts Prosecution Of Traffic Offenses And Juvenile Proceedings, R. Barbe
Courts Prosecution Of Traffic Offenses And Juvenile Proceedings, R. Barbe
Georgia State University Law Review
The two Acts, while applying to different Code sections, have a similar effect on Georgia court procedures. SB 273 permits probate and municipal courts having jurisdiction over traffic offenses to request that the circuit district attorney or the state court solicitor in that country conduct trials on behalf of the state. SB 287, similarly, permits a district attorney to appear for the state in a delinquency hearing before a juvenile court, if the state is not represented by a solicitor and if that office is requested to do so by the court.
Crimes And Offenses Reckless Abandonment Of A Child: Provide Elements Of The Offense And Criminal Penalties, R. Conte
Georgia State University Law Review
The Act sets forth the elements of the felony criminal offense of reckless abandonment of a child under one year of age. The Act also imposes a criminal penalty of not less than ten nor more than twenty-five years imprisonment upon any individual who is found guilty of the offense.
Criminal Procedure Bonds And Recognizances: Amend Forfeiture Provisions, R. Goff
Criminal Procedure Bonds And Recognizances: Amend Forfeiture Provisions, R. Goff
Georgia State University Law Review
The Act amends the Code sections relating to time frames for the holding of execution hearings for forfeiture of the bail bonds, should the principal not appear. Changes are also made in the circumstances under which forfeiture will not be entered.
Criminal Procedure Bonds And Recognizances: Amend Provisions For Notice To Superior Court; Provide For Temporary Release Of Certain Detainees, R. Goff
Georgia State University Law Review
SB 255 amends existing provisions requiring notice to the superior court when a person is being held in a detention facility and is charged with an offense bailable only before a superior court judge. HB 466 creates a new section permitting the release of a person who has been found guilty of certain crimes, pending his reporting to a correction facility to serve his sentence. This release may be conditioned upon either the convicted person's own recognizance or the posting of bond to ensure his return at the time for the sentence to commence.
Elections Ethics In Government: Revise Campaign Contribution Regulations, R. Barbe
Elections Ethics In Government: Revise Campaign Contribution Regulations, R. Barbe
Georgia State University Law Review
The Act prohibits insurers, industrial loan licensees, and political action committees from making contributions to or on behalf of a candidate for the office of Commissioner of Insurance.
Evidence Competency Of Witnesses: Amend Provision For Qualification Of Victims And Witnesses Of Child Molestation And Other Crimes, R. Goff
Georgia State University Law Review
The Act amends a section of the Code pertaining to the competency of child witnesses to testify. Before this change, a child's competency as a witness could be challenged by either party in court. Upon such challenge, the court was obligated to examine the child to determine her ability to understand the nature and ramifications of her testimony. The Act declares that children ages fourteen and under who were or may have been the victims or witnesses of child molestation or other crimes are automatically competent to testify.
Criminal Procedure Searches And Seizures: Regulate Law Office Searches, S. Brannan
Criminal Procedure Searches And Seizures: Regulate Law Office Searches, S. Brannan
Georgia State University Law Review
The Act prohibits the issuance and execution of a search warrant for documents in an attorney's possession absent a showing of probable cause that the attorney committed a crime, or that the attorney has possession of the place to be searched and the documents will be hidden or destroyed. The Act also prohibits warrantless law office searches and provides procedural protections which regulate the search and the disposition of potentially privileged documents.
Evidence Rape Shield Statute: Provide Qualified Two-Part Requirement For Admission Of Complainant's Past Sexual History, S. Brannan
Georgia State University Law Review
The Act amends Georgia's Rape Shield Act by providing that evidence of the complainant's past sexual behavior may be introduced if it directly involved the defendant and could have led him to reasonably believe the complainant consented to sexual intercourse. Evidence of a complainant sexual history is also admissible if it is highly material to, and substantially supportive of, a conclusion that the defendant reasonably believed that the complainant consented and that justice mandates its admission even though the complainant had no past relations with the accused.
Penal Institutions Prisons And Pardons/Paroles Reform, S. Taylor
Penal Institutions Prisons And Pardons/Paroles Reform, S. Taylor
Georgia State University Law Review
The new legislation establishes alternatives to incarceration which may be considered by the sentencing judge, increases reporting responsibilities of probationers, modifies procedures for jail construction, increases fines to fund jail construction, establishes bond forfeiture procedures, and institutes a program which allows judges to release prisoners on their own recognizance or on bail prior to incarceration.
Commerce And Trade Fair Business Practices Act: Amended To Regulate "Going Out Of Business" Sales, T. Wallace
Commerce And Trade Fair Business Practices Act: Amended To Regulate "Going Out Of Business" Sales, T. Wallace
Georgia State University Law Review
The Act defines and sets forth regulations for going out of business sales. The penalties provided under the Fair Business Practices Act of 1975 apply to violations of the new Code subsections.
Corporations, Partnerships And Associations Limited Partnerships: Amend Georgia Revised Uniform Limited Partnership Act, T. Mallory
Georgia State University Law Review
The Act amends the limitations on names available to limited partnerships, provides for the merger of a limited partnership with a corporation, permits a general partner to maintain the confidentiality of reasonable trade secrets, provides for interim redemption of partnership interests, and alters public notice requirements as they affect the personal liability of a withdrawing general partner.
Corporations, Partnerships And Associations Partnerships: Revise Georgia Uniform Partnership Act, T. Mallory
Corporations, Partnerships And Associations Partnerships: Revise Georgia Uniform Partnership Act, T. Mallory
Georgia State University Law Review
The Act introduces minor revisions and additions to Georgia's Uniform Partnership Act (UPA). The contents of statements of partnership are expanded to include information regarding the admission of new partners, and the Act provides that any such inclusion creates a conclusive presumption that an admittee so named is in fact a partner. The Act also amends the UPA to specify that when the business of a partnership is continued after an agreement of dissolution, partnership property may be applied to the liabilities and obligations of the continuing partnership. Title to the predecessor partnership's real property vests in the continuing partnership …
Crimes And Offenses Dangerous Drugs: Penalties For Anabolic Steroids Increased, T. Wallace
Crimes And Offenses Dangerous Drugs: Penalties For Anabolic Steroids Increased, T. Wallace
Georgia State University Law Review
The Act defines anabolic steroids and provides greater penalties for the distribution of, or the intent to distribute, anabolic steroids.