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Articles 31 - 60 of 79
Full-Text Articles in Law
Evidence Proof Generally: Authorize Noninvasive Procedures In Addition To Blood Tests To Collect Dna Samples And Determine Characteristics; Allow Collection Of Dna Samples Of Convicted Felon In Addition To Sec Offenders; Provide For Sharing Dna Information For Law Enforcement Purposes; Allow Criminal Defendants Access To The Dna Data Bank In Certain Circumstances, Jill Wasserman
Georgia State University Law Review
The Act changes and updates several sections of the Georgia Code pertaining to the establishment of a DNA data bank for law enforcement purposes. Prior to the Act, the Code provided that DNA would be collected through blood samples from prisoners convicted of certain sex offenses. The Act subjects all convicted felons incarcerated in Georgia to DNA collection. In addition, the Act expands the acceptable methods of DNA collection beyond taking blood to include other less invasive procedures, including oral swabs. Further, the Act clarifies the procedures and timing the collecting the samples. It also allows law enforcement agencies to …
Insurance Charitable Gift Annuities: Define Certain Terms; Provide That A Qualified Charitable Gift Annuity Issued By A Charitable Organization Shall Not Constitute Engaging In The Business Of Insurance; Provide For Certain Disclosures And Notices; Provide For The Effects Of Failure To Provide Such Notices, John Price
Georgia State University Law Review
The Act, based on the Model Charitable Gifts Act, adds several sections to the Georgia Code to allow defined charitable institutions, including educational institutions, to raise funds through the sale of annuities without being considered to be engaging in the business of insurance. Only institutions with $300,000 in unrestricted assets that have been in continuous operation for at least three years or that are a successor or affiliate of such an organization may make use of the Act.
Local Government Community Greenspace Preservation: Create The Georgia Greenspace Commission: Establish The Georgia Greenspace Trust Fund, John Mcmahon
Georgia State University Law Review
By adding several sections to the Georgia Code relating to local government, the Act creates the Georgia Greenspace Commission and provides for its membership, powers and duties, and operations. The Act provides a flexible framework of policies, rules, and regulations through which Georgia's populous and rapidly growing cities and counties can voluntarily develop programs to preserve community green space for recreational activities and protection of natural resources. The Act also creates the Georgia Greenspace Trust Fund, provides guidelines for appropriations and contributions to the fund, and defines how grants will be disbursed to local governments for preservation of greenspace.
Labor And Industrial Relations Workers' Compensation: Amend Certain Provisions, Lisa Kabula
Labor And Industrial Relations Workers' Compensation: Amend Certain Provisions, Lisa Kabula
Georgia State University Law Review
The Act changes various provisions of Georgia's workers' compensation law. In particular, the Act redefines those who are presumed to be totally dependent upon an employee who dies as the result of an on-the-job accident. Further, it authorizes no-liability stipulated settlements between parties, to be approved by the Board of Workers' Compensation. The Act also authorizes agreements for lump sum settlements that are prorated over the life expectancy of the injured employee. The Act increases various statutory maximum and minimum workers' compensation payments. It also provides electronic fund transfer as an option for paying benefits.
Education Elementary And Secondary Education: Prohibit Discrimination Based On Gender In Elementary And Secondary School Athletic Programs Under The "Quality Basic Education Act;" Amend Certain Provisions Relating To Grants And Other Disbursements Of Funds By The Department Of Community Affairs, Scott Masterson
Georgia State University Law Review
The Equity in Sports Act requires that elementary and secondary schools provide equal sports opportunities for male and female students. The Act reinforces Title IX, federal legislation that prohibits discrimination based on gender in educational environments. The Act enforces existing law by creating sanctions for noncompliance, such as withholding funds from schools and prohibiting those schools from participating in postseason athletic contests.
Crimes And Offenses Offenses Involving Theft: Change Certain Sections Relating To Shoplifting As A Felony When Multiple Acts Are Committed Within One County Within Seven Days; Create Code Section That Makes It A Felony Offense To Use Receipts And/Or Upc Labels Fraudulently To Commit And Further Shoplifting, September Guy
Georgia State University Law Review
The Act affects areas of the Code that pertain to theft by defrauding retain merchants. The Act provides that when someone shoplifts property exceeding a value of $100 from three separate retail stores within one county within seven days, that persons has committed a felony. Additionally, the Act makes it a felony offense to fraudulently use retail sales receipts and Universal Product Code (UPC) labels to shoplift. The Act provides penalties for the aforementioned offenses.
Motor Vehicles And Traffic Drivers' Licenses: Change Certain Provision Relating To Revocation Of Licenses Of Persons Under 21; Change Certain Provisions Relating To Period Of License Suspension And Conditions Regarding Return Of License; Change Certain Provisions Relating To Clinical Evaluation And Substance Abuse Treatment Programs; Change Certain Provisions Relating To Limited Motor Vehicle Driving Permits; Change Certain Provisions Relating To Terms And Conditions For Suspension Of License; Change Certain Provisions Relating To Use Of An Ignition Interlock Device As A Probation Condition, Seth Kirby
Georgia State University Law Review
The Act amends several Code sections to correct inconsistencies in Georgia's DUI and drivers' license revocation laws. More importantly, it alters some provisions that were created in the 1999 Act, known as Heidi's Law, regarding the use of an automobile ignition interlock device (IID). The Act allows a concurrent running of license revocation and the administrative suspension period for individuals under twenty-one years of age. Additionally, the Act increases the mandatory suspension of a driver's license to ten months for a person convicted of two DUIs within five years and eliminates the limited driving permits that were previously available to …
Insurance Domestic Stock And Mutual Insurers: Assign Certain Duties Of The Secretary Of State To The Commission Of Insurance; Provide For Filing Applications For And Amendments To Charters, And Applications For Voluntary Dissolution And Surrender Of Charters; Provide That Certificates Of Incorporation And Charter Amendment Be Issued Under The Seal Of The State; Retrieve The Secretary Of State Of Bookkeeping Duties Relating To Applications And Amendments To Charters, Bonnie Lassiter
Georgia State University Law Review
The Act amends several sections of the Georgia Code to require that insurance companies file charter applications, applications to amend or renew a charter, and applications to surrender a charter with the Commissioner of Insurance rather than the Secretary of State. The Act provides the procedures for filing and approving each of the above. The Act further provides that, upon approval, the Secretary of State shall issue a certificate of incorporation under the seal of the state. Finally, the Act provides the procedures by which a domestic society may amend its laws.
Public Officers And Employees Insuring And Indemnification Of Public Officers And Employees; Provide Compensation For Law Enforcement Officers Who Become Temporarily Physically Disabled, Brooke Voelzke
Georgia State University Law Review
The Act adds several sections to the Georgia Code and provides a program of compensation for law enforcement officers who become temporarily physically disabled as a result of physical injury incurred in the line of duty and caused by a willful act of violence. The new Code sections also provide a program of compensation for firemen who become temporarily physically disabled as a result of a physical injury incurred in the line of duty while fighting a fire.
Revenue And Taxation Ad Valorem Taxation Of Property: Amend To Include Expenses For Preservation Of Specimen Trees, Laurie Jablow
Revenue And Taxation Ad Valorem Taxation Of Property: Amend To Include Expenses For Preservation Of Specimen Trees, Laurie Jablow
Georgia State University Law Review
The Act adds a tax exemption for expenses incurred in the preservation of specimen trees. The exemption encourages property owners and developers to preserve large trees in an attempt to limit urban sprawl.
Dead Hand Poison Pills: Will Georgia Corporations Continue To Issue A Lethal Dose?, Lucas O. Harsh
Dead Hand Poison Pills: Will Georgia Corporations Continue To Issue A Lethal Dose?, Lucas O. Harsh
Georgia State University Law Review
No abstract provided.
Courts Prosecuting Attorneys: Change Appointment, Qualifications, Classification, And Compensation Of Assistant District Attorneys; Change Provisions Relating To The Appointment Of District Attorney Investigators; Change Provisions Relating To Administrative, Clerical, And Paraprofessional Personnel Employed By District Attorneys; Provide That Nonstate Paid Personnel Employed In District Attorneys' Offices Shall Serve At The Pleasure Of The District Attorney, Brooks Morel
Georgia State University Law Review
The Act Amends various sections of the Georgia Code relating to district attorneys, and the act eliminates definitions of various terms. The Prosecuting Attorney's Council of the State of Georgia may now consider various factors when authorizing additional assistant district attorneys and district attorney investigators. The Act changes language addressing qualifications and salaries of assistant district attorneys. Additionally, the Act changes language regarding legal secretaries to include various forms of the personnel, such as administrative clerical, and paraprofessional personnel. As with assistant district attorneys and district attorney investigators, the Prosecuting Attorneys' Council of the State of Georgia may now consider …
State Government Onegeorgia Authority: Create State Authority To Enhance Rural Development, Kimberly Ruark
State Government Onegeorgia Authority: Create State Authority To Enhance Rural Development, Kimberly Ruark
Georgia State University Law Review
The Act, establishing the OneGeorgia Authority (Authority), provides public funding for rural economic development. The Act provides for the creation of the Authority, delineating the makeup of the board and the powers of the Governor and others to appoint board members and the Director of the Authority. Primary funding, to be approved by the General Assembly each year, will be provided through the state's settlement of tobacco litigation. The Act also allows the Authority to issue bonds, not subject to the Georgia Securities Act of 1975. Funding will be used for infrastructure and other projects designed to attract business to …
Corporations, Partnerships, And Associations Business Corporations: Amend Venue Provisions Regarding Business Corporations; Allow For Removal Of Certain Cases; Provide A Maximum Amount For Supersedeas Bonds For Punitive Damages Of Civil Judgments; Provide That Foreign Judgments Shall Be Stayed Until Conclusion Of All Appeals Or The Expiration Of Time In Which Appeals Can Be Brought, Kristin Gee
Georgia State University Law Review
The Act, known as the Civil Litigation Improvement Act of 2000, amends several sections of the Georgia Code referencing civil litigation involving Georgia Corporations. The Act provides a maximum amount for supersedeas bonds that a court can require a defendant to provide to insure the punitive damages portion of a civil judgment. The Act provides that a foreign judgment shall be stayed while an appeal is pending or until the expiration of time within which an appeal can be filed. The Act also changes venue requirements regarding corporations and allows for removal of certain cases.
Insurance Unfair Trade Practices: Prohibit Discrimination Against Victims Of Family Violence In Insurance Coverage, Rates, And Claims, Rebecca Brannan
Insurance Unfair Trade Practices: Prohibit Discrimination Against Victims Of Family Violence In Insurance Coverage, Rates, And Claims, Rebecca Brannan
Georgia State University Law Review
The Act changes the Georgia Code section on unfair practices in the insurance industry by adding a prohibition on discrimination against victims of family violence. Specifically, it makes it unlawful in Georgia for an insurer to refuse applications from individuals, to refuse to insure them, to cancel or restrict existing coverage, to change a different rate or add a differential to premiums, or to limit or deny coverage or claims because the insurer believes an individual has or may be a victim of family violence. The Act further bans taking such adverse insurance actions against an individual or entity because …
Elections Elections And Primaries Generally: Require Election Superintendents To Provide Election Returns Electronically To The Secretary Of State Within A Specified Amount Of Time For All Elections Or Primaries Held Within That Precinct Beginning In The Current Year And Each Year To Follow, September Guy
Georgia State University Law Review
The Act creates a new Code section to require that, beginning in the 2000 election year, each county's superintendent of elections must electronically provide the Secretary of State, within forty-five days after the closing of the election, results for every federal and state primary, election, special primary, special election, and runoff. Beginning in 2002, the superintendents of election must also report county and local election results electronically to the Secretary of State's office.
The Supreme Court's "New" Federalism: An Anti-Rights Agenda?, Mitchell F. Crusto
The Supreme Court's "New" Federalism: An Anti-Rights Agenda?, Mitchell F. Crusto
Georgia State University Law Review
No abstract provided.
Table Of 2008 Georgia Code Sections Affected; House And Senate Bill Index, Georgia State University Law Review
Table Of 2008 Georgia Code Sections Affected; House And Senate Bill Index, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Education Elementary And Secondary Education: Add Certain Provisions Relating To Local School Councils; Change Certain Provisions Relating To Educational Program Effectiveness Assessment Procedures; Add Certain Provisions Related To School Attendance Zone Transfers; Add Certain Provisions Related To Juvenile Court Jurisdiction Over Parents; Change Certain Provisions Related To Teacher Tenure; Add Certain Provisions Relating To The Creation And Operation Of The Education Coordinating Council And The Office Of Education Accountability, Andrew Ordyna
Georgia State University Law Review
The Act, known as the A Plus Education Reform Act of 2000, implements the most sweeping changes within the Georgia educational systems at the pre-kindergarten, elementary, and post-secondary levels since passage of the Quality Basic Education Act of 1985. Within ninety-eight sections, the Act affects areas ranging form the jurisdiction of juvenile courts within the Georgia educational system to the creation of an Educational Coordinating Council and an Office of Education Accountability. During legislative debate, some sections of the Act were more controversial than others. Due to the size of the Act, only those areas that received the most attention …
Courts Juvenile Proceedings, Parental Rights: Provide That A Physician May Retain Temporary Protective Custody Of A Child Without A Court Order And Without Parental Consent In Certain Situations; Provide A Short Title; Provide For Procedures; Provide For Authority And Duties Of The Department Of Human Resources; Provide For Immunity From Liability, Brooke Voelzke
Georgia State University Law Review
The Act, known as the Terrell Peterson Act, adds two sections to the Georgia Code. These sections allow a physician to retain temporary protective custody of a child without a court order or parental consent if the physician has reasonable cause to believe the child's life or health is in imminent danger as a result of suspected abuse or neglect.
Crimes And Offenses Crimes Against The Person: Amend Punishment For Any Person Who Commits The Offense Of Simple Battery Or Battery Against A Sports Official Of An Amateur Contest, David Brown
Georgia State University Law Review
The Act changes two sections of the Georgia Code to impose more severe penalties on individuals convicted of battery against a sports official. The Act makes battery of an amateur sports official a misdemeanor of a high and aggravated nature.
Courts Probate Courts: Amend Provisions To Provide That Certain Cash Bonds Shall Be Transferred Into Interest-Bearing Trust Accounts; Provide That Interest From Such Funds Shall Be Remitted To The Georgia Indigent Defense Council For Distribution To The Counties; Provide For The Remittance Of Certain Information, Jackie Volk
Georgia State University Law Review
The Act provides that when a sheriff transfers cash bonds to a probate court clerk pursuant to Code section 15-16-27, the clerk must deposit the funds into interest-bearing trust accounts. The Act also requires that the interest from those funds be remitted to the Georgia Indigent Defense Council in accordance with subsections (c) through (g) of Code Section 15-6-76.1. The Act provides that the Georgia Indigent Defense Council must allocate all interest received from such funds in accordance with Code Section 15-6-76.1(e).
Game And Fish Licenses, Permits, And Stamps Generally: Add Provisions Allowing Department Of Natural Resources To Issue Trapping And Hunting Permits Under Circumstances Where Such Action Is Otherwise Prohibited By Law; Add Requirement For Department Of Natural Resources To Specify The Conditions Where It Deems Such Permits Necessary; Provide An Exception For Such Permits, Kristin Gee
Georgia State University Law Review
The Act allows the Department of Natural Resources (DNR) to issue permits to trap, transport and release, or kill wildlife and feral hogs when such action is otherwise prohibited by law. The law allows removal of white-tailed deer from airport property, only in the interest of public safety. With respect to fur-bearing animals, the DNR must approve and implement a bona fide wildlife management plan, and with respect to feral hogs, DNR-approved activities must comply with the Georgia Department of Agriculture's rules and regulations. The DNR must prescribe all methods and details of animal control. Furthermore, the DNR cannot issue …
State Government Department Of Administrative Services: Change Certain Provisions Relating To The Public Distribution Of Legislative Information In Electronic Format To Establish The Georgianet Division Of The Georgia Technology Authority; Change Provision Relating To The Keeping Of Records Of Applications For Licenses And Information On Licenses To Refer To The Georgianet Divisions Of The Georgia Technology Authority; Change Provision Relating To Membership In The Retirement System Of Officers And Employees Of The Georgianet Authority To Refer To The Georgia Technology Authority, Kurt Ward
Georgia State University Law Review
The Act establishes the Georgia Technology Authority (GTA), creates the GeorgiaNet Division of the GRA, and amends the number of members on the Electronic Commerce Study Committee. As a new agency, the GRA replaces and assumes the responsibilities of other agencies, committees, departments, such as the Electronic Data Processing and Printing Committee, the GeorgiaNet Authority, and the Georgia Information Technology Policy Council. The GRA also replaces the Department of Administrative Services (DOAS) as the developer and manager of Georgia's telecommunications operations. The Act further prescribes who will become GTA members and how they will be appointed. Also, the Act creates …
Conservation And Natural Resources Water Resources: Enact Flint River Drought Protection Act; Create Drought Protection Program; Require The Board Of Natural Resources To Establish A Drought Protection Program; Require Cooperation With The Georgia Environmental Facilities Authority, Laura Windsor
Georgia State University Law Review
The Act, known as the Flint River Drought Protection Act, adds several sections to the Code to identify the importance of Georgia's water resources, define certain terms, and authorize the Board of Natural Resources and the Director of the Environmental Protection Division (EPD) of the Department of Natural Resources to create and enforce a drought protection program and administer funds. The Board is also required to implement such measures as are necessary to prevent future droughts in the Flint River basin, including the use of irrigation auctions as a water conservation technique. The Act provides compensation for nonirrigated acres either …
Game And Fish Fish: Prohibit Gill Net Landing Of Certain Species Of Fish, Lisa Kabula
Game And Fish Fish: Prohibit Gill Net Landing Of Certain Species Of Fish, Lisa Kabula
Georgia State University Law Review
The Act prohibits vessels that harvest certain species of marine finfish by means of a gill net, regulated under Code section 27-4-301.1, from landing those fish in Georgia. Conservation rangers or other peace officers of the State will seize and confiscate gill nets. However, an exception lies for licensed fishermen to use gill nets in certain specified circumstances.
State Government State Printing And Documents: Exempt Certain Personal Information From Public Disclosure, Mark Biernath
State Government State Printing And Documents: Exempt Certain Personal Information From Public Disclosure, Mark Biernath
Georgia State University Law Review
The Act exempts from public disclosure certain information obtained by counties or municipalities in conjunction with burglar, fire, or other electronic security systems. The Act further exempts certain educational testing materials from public disclosure.
Education Elementary And Secondary Education: Provide That Professional Standards Committee Shall Grant A Renewable Certificate When Required Conditions Are Met; Provide Rules And Regulations, Patricia Ammani
Georgia State University Law Review
The Act requires that the Professional Standards Commission establish rules and regulations to offer alternative means of teacher certification.
Courts Magistrate Courts: Provide For The Filing Of Actions, Claims, Answers, Pleadings, Postjudgment Interrogatories, And Other Documents By Electronic Means; Provide For The Electronic Signature And Verification Of Such Pleadings And Provide For Methods Of Service And Docketing Of Such Pleadings; Provide For The Burden Of Proof If Authenticity Is Challenged; Provide For The Assessment And Collection Of Fees In Connection With Such Pleadings, Scott Masterson
Georgia State University Law Review
The Act authorizes electronic filing of actions, claims, answers, pleadings, post-judgment interrogatories, and other documents within the jurisdiction of the magistrate courts. The Act also provides for the use of electronic signatures to verify such electronic pleadings and provides the burden of proof if an electronic document's authenticity is challenged. Further, the Act prescribes fee to be assessed in connection with such documents.
Crimes And Offenses Offenses Against Public Order And Safety: Change Penalty Provisions Applicable To The Offense Of Furnishing A Pistol To A Person Under The Age Of 18; Change The Penalty Provisions Applicable To The Offense Of Unlawful Possession Of Firearms Or Weapons; Change The Penalty Provisions Applicable To A Second Or Subsequent Offenses Of Carrying A Concealed Weapon; Change The Penalty Provisions Applicable To Carrying Certain Weapons Within A School Safety Zone; Change The Penalty Provisions Applicable To Possession Of A Firearm By A Convicted Felon; Change The Penalty Provisions Applicable To Possession Of A Firearm By A Person Under 18; Provide That It Is A Felony For A Person Convicted Of Or On First Offender Probation For A Forcible Felony To Attempt To Purchase A Firearm, Seth Kirby
Georgia State University Law Review
The Act increases the minimum penalty for furnishing a pistol or a revolver to a minor from two to three years. The Act also increases the minimum sentence for unlawful possession of firearms from one to five years and raises the minimum sentence for carrying a concealed weapon to two years. The Act increases the minimum sentence for carrying specified weapons into a school zone. Further, the Act makes it a felony for a person convicted of a forcible felony to attempt to obtain a firearm and increases the penalty for these individuals for possessing a firearm. Finally, the Act …