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Animals Disposal Of Diseased, Disabled, Or Dead Animals: Change Certain Provision Of The Dead Animal Disposal Act To Authorize Additional Methods For The Disposal Of Dead Animals; Repeal Certain Provisions Relating To Carcasses That Are Burned, Teresa Adams Mar 2000

Animals Disposal Of Diseased, Disabled, Or Dead Animals: Change Certain Provision Of The Dead Animal Disposal Act To Authorize Additional Methods For The Disposal Of Dead Animals; Repeal Certain Provisions Relating To Carcasses That Are Burned, Teresa Adams

Georgia State University Law Review

The Act, known as the Dead Animal Disposal Act, changes the Georgia Code concerning the disposal of dead animals to allow for additional methods of disposal. The Act also provides for the use of an unlisted disposal method which may use future technology that has been approved by the Commissioner of Agriculture. Finally, the Act repeals the prior requirement that burning carcasses must be attended during the entire burning process.


Project Xl: Should It Be Used To Wage War On Urban Sprawl?, Janet L. Bozeman Mar 2000

Project Xl: Should It Be Used To Wage War On Urban Sprawl?, Janet L. Bozeman

Georgia State University Law Review

No abstract provided.


Agriculture Sale Of Agricultural And Forest Products; Protect The Vidalia Onion Trademark; Provide For Royalty Or License Fees; Provide For The Commissioner's Powers And Duties, Aimee Stern Mar 2000

Agriculture Sale Of Agricultural And Forest Products; Protect The Vidalia Onion Trademark; Provide For Royalty Or License Fees; Provide For The Commissioner's Powers And Duties, Aimee Stern

Georgia State University Law Review

The Act known as the Vidalia Onion Trademark Act, authorizes the Commissioner of Agriculture to create and protect a trademark for use in connection with the sale of Vidalia onions and Vidalia onion products. The Act also authorizes the Commissioner of Agricultural to impose and collect license fees or royalties for the use of the trademark.


Corporations, Partnerships, And Associations Business Corporations: Provide For The Creation Of One Or More Series Of Shares Within A Class; Provide For The Number Of Shares; Provide That All Shares Of A Series Have Identical Preferences; Provide For Exceptions; Provide For A Non-Exhaustive List Of Characteristics Of The Shares Of A Series, Aimee Stern Mar 2000

Corporations, Partnerships, And Associations Business Corporations: Provide For The Creation Of One Or More Series Of Shares Within A Class; Provide For The Number Of Shares; Provide That All Shares Of A Series Have Identical Preferences; Provide For Exceptions; Provide For A Non-Exhaustive List Of Characteristics Of The Shares Of A Series, Aimee Stern

Georgia State University Law Review

The Act requires that all shares of a class of a Georgia corporation's stock must have identical references, limitations, and relative rights unless the class is divided into a series. The Act also permits shares within a class. In addition, the Act provides that the board of directors has authority to determine the terms and conditions of rights, options, or warrants issuable pursuant to the Code. The Act limits the transferability of rights, options, or warrants and the power of future directors to vote on redemption of certain rights. The Act also strikes out certain sections referring to the transferability …


Animals Animal Protection: Prohibit The Obstruction Of The Commissioner Of Agriculture And Employed Officers; Change Certain Provisions Relating To Definitions; Provide For Inspection Warrants And Impounding And Disposal Of Mistreated Animals; Provide For Notice And Hearing To Owners Of Impounded Animals; Change Certain Provisions Relating To Animal Care By Licensed Persons; Provide For Injunctions And Restraining Orders; Prohibit Abandoning Domestic Animals; Prohibit Dog Fighting; Provide For Reporting Of Violations And The Civil And Criminal Immunity Of Reporters; Change Certain Provisions Relating To Cruelty To Animals; Change Certain Provision Relating To Penalties; Provide For Exemptions, Bonnie Lassiter Mar 2000

Animals Animal Protection: Prohibit The Obstruction Of The Commissioner Of Agriculture And Employed Officers; Change Certain Provisions Relating To Definitions; Provide For Inspection Warrants And Impounding And Disposal Of Mistreated Animals; Provide For Notice And Hearing To Owners Of Impounded Animals; Change Certain Provisions Relating To Animal Care By Licensed Persons; Provide For Injunctions And Restraining Orders; Prohibit Abandoning Domestic Animals; Prohibit Dog Fighting; Provide For Reporting Of Violations And The Civil And Criminal Immunity Of Reporters; Change Certain Provisions Relating To Cruelty To Animals; Change Certain Provision Relating To Penalties; Provide For Exemptions, Bonnie Lassiter

Georgia State University Law Review

The Act, called the Animal Protection Act, prohibits obstructing the Commissioner of Agriculture or his or her agents, or animal control officers, in the perfection of their duties. The Act also changes a number of sections of the Georgia Code to increase the severity of punishment for animal cruelty offenses by providing that a second animal cruelty offense that results in the animals death will be a misdemeanor of high and aggravated nature and will incur a more sever penalty. Future, the Act creates the felony offense of aggravated cruelty to animals (an act which makes a part of the …


Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food: Change Certain Provisions Relating To Unlawful Acts And The Use Or Possession Of Certain Cans, Bottles, And Other Receptacles, Brittany Tuggle Mar 2000

Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food: Change Certain Provisions Relating To Unlawful Acts And The Use Or Possession Of Certain Cans, Bottles, And Other Receptacles, Brittany Tuggle

Georgia State University Law Review

The Act amends the Georgia Diary Act of 1960 by clarifying the use and possession of milk, cream, or ice cream contains. The Act allows a business involved in the processing, distribution, or retail sale of diary products to temporarily possess any receptacle that is marked with the brand or trademark of another business until it is returned to the rightful owner or purchased from the rightful owner.


Crimes And Offenses Offenses Against Public Order And Safety: Invasions Of Privacy; Wiretapping, Eavesdropping, Surveillance, And Related Offenses, Jean Gutermuth Mar 2000

Crimes And Offenses Offenses Against Public Order And Safety: Invasions Of Privacy; Wiretapping, Eavesdropping, Surveillance, And Related Offenses, Jean Gutermuth

Georgia State University Law Review

The Act amends the Georgia Code as it relates to the crimes of wiretapping, eavesdropping, and surveillance, by clarifying provisions relating to those crimes; by providing more specifically for violations involving the use of photographic and video equipment; by changing the definition of the term 'device;' by changing provisions relating to unlawful observation, photographing, and recording of another in a private place; and by making it unlawful for any person to sell, give, or distribute to any person or entity any photograph, videotape, or record of the activities of another which occur in any private place and out of public …


Wills, Trusts, And Administration Of Estates Descent And Distribution: Provide For The Vesting In The Heirs Subject To Divestment Of Certain Interests In Real Property Owned By An Intestate Descendent; Provide For Vesting Of Such Interests In An Administrator For The Benefit Of The Heir And Creditors Of The Decedent; Require The Assent Of The Administrator For Revesting In The Heirs; Provide For Recovery Of Possession From The Heirs By The Administrator In Certain Circumstances; Provide That An Order For Sale Or Distribution After Notice Is Conclusive Evidence, John Price Mar 2000

Wills, Trusts, And Administration Of Estates Descent And Distribution: Provide For The Vesting In The Heirs Subject To Divestment Of Certain Interests In Real Property Owned By An Intestate Descendent; Provide For Vesting Of Such Interests In An Administrator For The Benefit Of The Heir And Creditors Of The Decedent; Require The Assent Of The Administrator For Revesting In The Heirs; Provide For Recovery Of Possession From The Heirs By The Administrator In Certain Circumstances; Provide That An Order For Sale Or Distribution After Notice Is Conclusive Evidence, John Price

Georgia State University Law Review

The Act repeals a portion of the 1998 Probate Code Revision and provides that any real property belonging to an intestate decedent vests immediately in the decedent's heirs at law. If an administrator is subsequently appointed, the real property will vest in the administrator for the benefit of the decedent's heirs and creditors. Title only revests in the heirs if the administrator assents.


Criminal Procedure Sentence And Punishment: Enhance Sentences For Crimes In Which The Trier Of Fact Determines By A Reasonable Doubt That The Defendant Intentionally Selected Any Victim Or Property As The Object Of The Offense Because Of Bias Or Prejudice; Provide Procedures Under Which Enhanced Sentences May Be Sought, Patricia Ammani Mar 2000

Criminal Procedure Sentence And Punishment: Enhance Sentences For Crimes In Which The Trier Of Fact Determines By A Reasonable Doubt That The Defendant Intentionally Selected Any Victim Or Property As The Object Of The Offense Because Of Bias Or Prejudice; Provide Procedures Under Which Enhanced Sentences May Be Sought, Patricia Ammani

Georgia State University Law Review

The Act provides enhanced sentences in cases in which the trier of fact determines that the defendant intentionally selected a victim or property as the object of an offense because of bias or prejudice. The Act requires the state to provide the defendant written notice of its intention to seek enhanced penalties, alleging the specific factors that justify an enhanced sentence. Such notice must be provided after indictment, but not later than arraignment.


Criminal Procedure Sentence And Punishment: Change Method Of Executing Individuals Convicted Of Capital Crimes From Electrocution To Legal Injection, Rebecca Brannan Mar 2000

Criminal Procedure Sentence And Punishment: Change Method Of Executing Individuals Convicted Of Capital Crimes From Electrocution To Legal Injection, Rebecca Brannan

Georgia State University Law Review

The Act amends state law on the death penalty by providing a different method of execution for capital crimes committed on or after May 1, 2000. Execution of these defendants will be performed by lethal injection instead of electrocution. If either the United State Supreme Court or the Supreme Court of Georgia declares that electrocution is unconstitutional, defendants who were sentenced to death for crimes that were committed before May 1, 2000 will be executed by lethal injection. The Act further provides that the state will not require physicians to participate in the execution of a death sentence by lethal …


Alcoholic Beverages Regulation Of Alcoholic Beverages Generally: Authorize Sale Of Alcoholic Beverages On Election Day Unless Prohibited By County Or Municipality, Robert Hodges Mar 2000

Alcoholic Beverages Regulation Of Alcoholic Beverages Generally: Authorize Sale Of Alcoholic Beverages On Election Day Unless Prohibited By County Or Municipality, Robert Hodges

Georgia State University Law Review

The Act amends Code section 3-3-20 to permit the sale of alcoholic beverages on election day in counties and municipalities that allow sale of alcoholic beverages. The Act also authorizes counties and municipalities to prohibit the sale of alcoholic beverages on election day.


Crimes And Offenses Crimes Against The Person: Provide Protection For Elderly Persons And Disabled Adults, Mark Biernath Mar 2000

Crimes And Offenses Crimes Against The Person: Provide Protection For Elderly Persons And Disabled Adults, Mark Biernath

Georgia State University Law Review

The Act provides protection for elderly adults against theft, fraud, and denial of sustenance. The Act provides certain penalties and fines, and it lengthens the statute of limitations for certain crimes committed against elderly persons and disabled adults. The Act also clarifies procedures for reporting abuse, neglect, or exploitation of the elderly. Finally, the Act provides that certain agencies develop training programs about the abuse and exploitation of the elderly.


Crimes And Offenses Controlled Substances: Amend The Listing Of Controlled Substances And Dangerous Drugs, Natasha Horne Mar 2000

Crimes And Offenses Controlled Substances: Amend The Listing Of Controlled Substances And Dangerous Drugs, Natasha Horne

Georgia State University Law Review

The Act amends several sections of the Georgia Code by changing the listings of controlled substances and dangerous drugs.


Alcoholic Beverages Regulation Of Alcoholic Beverages Generally: Provide Exemption For Transportation Of Alcoholic Beverages For Personal Or Household Use, Robert Hodges Mar 2000

Alcoholic Beverages Regulation Of Alcoholic Beverages Generally: Provide Exemption For Transportation Of Alcoholic Beverages For Personal Or Household Use, Robert Hodges

Georgia State University Law Review

The Act permits individuals to transport limited quantities of alcoholic beverages purchased outside of Georgia that are for personal or household use and for which the state excise tax has been paid. The Act requires that individuals transporting alcoholic beverages in excess of the amount exempted from payment of excise taxes must have proof of payment of the excise taxes. The Act provides for special order shipping licenses that exempt holders from general licensing requirements when transporting limited quantities of wine directly to consumers for personal or household use. The Act also permits wineries to ship limited quantities of wine …


Courts Juvenile Proceedings, Parental Rights: Improve Training And Provide Assistance To Certain Inferior Courts; Provide Training Requirements For Clerks Of The Juvenile Courts; Allow For Clerks Pro Tempore; Provide For Certificates And Expenses, Teresa Adams Mar 2000

Courts Juvenile Proceedings, Parental Rights: Improve Training And Provide Assistance To Certain Inferior Courts; Provide Training Requirements For Clerks Of The Juvenile Courts; Allow For Clerks Pro Tempore; Provide For Certificates And Expenses, Teresa Adams

Georgia State University Law Review

The Act, entitled the Inferior Court Training and Assistance Act of 2000, adds a new section to the Georgia Code to improve training for juvenile court clerks and provide assistance to certain inferior courts. The Act introduces mandatory training requirements for juvenile court clerks and allows pro tempore clerks to act in the traditional clerk's place during training without having to meet the same training requirements.


Courts Probate Courts: Authorize State Participation In The Consortium For State Court Interpreter Certification; Allow Probate Judges To Assist In Other Probate Courts; Define Office Of Senior Judge Of The Probate Court, Buda Sherri Mar 2000

Courts Probate Courts: Authorize State Participation In The Consortium For State Court Interpreter Certification; Allow Probate Judges To Assist In Other Probate Courts; Define Office Of Senior Judge Of The Probate Court, Buda Sherri

Georgia State University Law Review

The Act authorizes state participation in the Consortium for State Court Interpreter Certification and other multi-state programs for interpreters. The Act also authorizes probate judges to assist in other probate courts and establishes proper payment for such services. Finally, the Act defines the qualifications necessary for a former probate judge to be appointed as a senior judge of the probate court.


Conservation And Natural Resources Department Of Natural Resources: Specify Time Period In Which The Director Must Act On Permit And Variance Applications; Provide For A Fee Waiver When The Director Does Not Act Within The Time Specified, Sherri Buda Mar 2000

Conservation And Natural Resources Department Of Natural Resources: Specify Time Period In Which The Director Must Act On Permit And Variance Applications; Provide For A Fee Waiver When The Director Does Not Act Within The Time Specified, Sherri Buda

Georgia State University Law Review

The Act specifies a time limit within which the Director of the Environmental Protection Division of the Department of Natural Resources must act on permit or variance applications. The Act also requires the Director to refund all application fees, except those required by federal law, when the Director fails to act in the time allotted.


The New "Necessity Exception" To The Hearsay Rule In Georgia: A New Rule Of Inclusion?, Paul Vignos Mar 2000

The New "Necessity Exception" To The Hearsay Rule In Georgia: A New Rule Of Inclusion?, Paul Vignos

Georgia State University Law Review

No abstract provided.


Insurance Essential Rural Health Care Provider Access: Remove Exemption For Health Maintenance Organizations, Laurie Jablow Mar 2000

Insurance Essential Rural Health Care Provider Access: Remove Exemption For Health Maintenance Organizations, Laurie Jablow

Georgia State University Law Review

The Act amends the Essential Rural Health Care Provider Access Act of 1998. The original Act was designed to enable rural health care providers to join health care benefit plans. The 1998 Act includes certain requirements that a health care plan must satisfy in order to participate. However, the original Act exempted Health Maintenance Organizations (HMOs). As amended, the Act removes the exemption and requires HMOs to satisfy the same criteria as other health care plans. The Act also adds a new Code section that allows the Human Resources Commissioner to evaluate whether an HMO has shown its willingness to …