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Articles 1 - 30 of 69
Full-Text Articles in Law
Property Acquisition And Loss Of Property: Allow Testamentary And Inter Vivos Alienability Of All Future Interests, Cynthia F. Zebrowitz
Property Acquisition And Loss Of Property: Allow Testamentary And Inter Vivos Alienability Of All Future Interests, Cynthia F. Zebrowitz
Georgia State University Law Review
The Act broadens the language of the existing Code section to permit testamentary and inter vivos transfers of all future interests.
Revenue And Taxation Income Taxes: Withholding Requirements For Certain Periodic Payments, Jeffrey A. Hannah
Revenue And Taxation Income Taxes: Withholding Requirements For Certain Periodic Payments, Jeffrey A. Hannah
Georgia State University Law Review
The Act provides a definition for periodic payment concerning pensions, annuities, taxable fringe benefits, interest, and dividends. A payor of a periodic payment must withhold taxes from such payment in the same manner as if the payment were wages paid to an employee. Further, the Act includes an option for the payee to avoid withholding. The Act provides authorization to the Commissioner of the Georgia Department of Revenue to prescribe forms and promulgate rules and regulations setting forth requirements for withholding and making elections.
Torts General Provisions: Provide Immunity From Liability For School Volunteers, Laura Jones French
Torts General Provisions: Provide Immunity From Liability For School Volunteers, Laura Jones French
Georgia State University Law Review
The Act provides public and private school volunteers with immunity from tort liability. A volunteer is defined as one who provides services for schools without compensation at the request of the school. This immunity exists for acts and omissions that occur either on school property or at a school-sponsored function. The Act provides immunity from liability for public or private schools that request or participate in providing the volunteer services, provided the school also does not receive compensation.
State Government State Printing And Documents: Change The Definition Of Agency, Amy K. Waggoner
State Government State Printing And Documents: Change The Definition Of Agency, Amy K. Waggoner
Georgia State University Law Review
The Act amends the Code section relating to public access to and inspection of public records. It broadens the term agency as used in that Code section to include a corporation that has membership composed of counties or political subdivisions of counties and that derives substantial parts of its operating budgets from counties. It provides that all records of the agency shall be open to inspection by the public unless prohibited by law or court order.
Professions And Businesses Real Estate Appraisers: Authorize Board Of Appraisers To Issue Temporary Practice Permits For A Single Federally Related Transaction; Prohibit Appraisers From Giving Oral Appraisals Of Federally Related Transaction; Prohibit Use Of Appraisers Whose Appraisal Classification Is Suspended Or Revoked, F. Faison Middleton
Georgia State University Law Review
The Act authorizes the Georgia Board of Real Estate Appraisers (the Board) to issue temporary practice permits to appraisers classified outside the state. This authorization brings Georgia legislation in line with federal regulations. The Act further amends the original code section by adding two new violations to the list of violations that result in penalties for appraisers classified in Georgia. The Act further amends the Code by deleting the list of courses of study weighed by the Board when determining appraisal classifications. As it now exists, appraiser classifications must simply be in compliance with federal law.
Professions And Businesses Real Estate Brokers And Salespersons: Require Real Estate Brokers To Pay Commission Only To Licensees Who Have Assigned Their License To The Broker's Firm; Ensure A Qualified Broker Will Be Responsible In All Real Estate Business, F. Faison Middleton
Georgia State University Law Review
The Act provides procedures for ensuring that real estate brokerage firms will not pay compensation to a licensed broker unless the broker is assigned to the firm prior to the transaction. The Act requires each brokerage firm to be managed by a real estate broker or qualifying real estate broker who is ultimately responsible for this license assignation. The Act further provides that in any given business enterprise, a qualified broker must be able to bind the business in his capacity either as partner or as corporate officer.
Revenue And Taxation Income Taxes: Provide For Business Tax Credits, J. Matthew Maguire Jr.
Revenue And Taxation Income Taxes: Provide For Business Tax Credits, J. Matthew Maguire Jr.
Georgia State University Law Review
The Act, called the Georgia Business Expansion Support Act of 1994, broadens the 1992 version of the same Act, by providing tax credits for businesses that create new jobs, make certain investments, and provide job retaining and child care for employees. The credits are available to qualified businesses in incremental amounts depending on the wealth of the area in which the business is conducted.
Social Services Programs And Protection For Children And Youth: Provide For Fingerprint Records Check And Preliminary Records Check For Foster Parents; Provide For Powers Of The Department Of Human Resources Regarding Programs For Children, Georgia State University Law Review
Social Services Programs And Protection For Children And Youth: Provide For Fingerprint Records Check And Preliminary Records Check For Foster Parents; Provide For Powers Of The Department Of Human Resources Regarding Programs For Children, Georgia State University Law Review
Georgia State University Law Review
The Act provides for compensation to agencies which recruit, educate, or train potential adoptive or foster parents. The Act also provides that only a preliminary records check determination is required before a licensed child-placing agency may place a child in a foster care home, while a satisfactory fingerprint records check is required for the child to remain in the foster care home.
Social Services Programs And Protection For Children And Youth: Provide Foster Parents And Child-Placing Agencies Access To Records, Pam Corley, Jose Redwine
Social Services Programs And Protection For Children And Youth: Provide Foster Parents And Child-Placing Agencies Access To Records, Pam Corley, Jose Redwine
Georgia State University Law Review
The Act provides identified foster parents and child-placing agencies access to certain records regarding children under consideration for foster care placement.
Federal Circuit Judicial Councils: A Legislative History And Revisions Needed Today, Robert Hall
Federal Circuit Judicial Councils: A Legislative History And Revisions Needed Today, Robert Hall
Georgia State University Law Review
No abstract provided.
Property Landlord And Tenant: Amend Dispossessory Proceedings, Stephen R. Chance
Property Landlord And Tenant: Amend Dispossessory Proceedings, Stephen R. Chance
Georgia State University Law Review
The Act provides that a writ of possession shall enter instantly if a tenant fails to answer a summons as provided in dispossessory proceedings. The Act further provides that if, upon trial of the case, judgment is entered against the tenant, the trial court shall issue a writ of possession and a writ of execution to be effective at the expiration of ten days after the judgment is entered. Finally, the Act provides that if the judgment is against the tenant, the court may upon motion of the landlord and upon good cause shown order the tenant to pay rent …
Crimes And Offenses Offenses Involving Theft: Provide For Presumption Of Intent To Convert Rented Or Leased Personal Property After A Certain Term; Change Venue Requirements, Daniel E. Turner
Georgia State University Law Review
The Act creates a presumption of intent to convert rented or leased personal property if the renter or lessee, upon formal request by the owner, does not return the property within a specified period of time. Additionally, the Act changes the venue requirements by providing for venue in the county where the rent or lease agreement was signed.
Insurance Domestic Stock And Mutual Insurers: Provide For The Conversion Of A Mutual Insurer To A Stock Insurer; Authorize Domestic Stock Insurers To Issue Preferred Stock, Jonathan M. Adelman
Insurance Domestic Stock And Mutual Insurers: Provide For The Conversion Of A Mutual Insurer To A Stock Insurer; Authorize Domestic Stock Insurers To Issue Preferred Stock, Jonathan M. Adelman
Georgia State University Law Review
Act 781 relaxes the requirements for a mutual stock insurer wishing or planning to convert to a domestic stock insurer. The Act decreases the percentage of approval required from policyholders for successful conversion. Further, the Act mandates giving policyholders a choice between participating in a conversion or receiving 100% of their equity in cash. Also, the Act allows a converted insurer's corporate existence to continue running without refiling a corporate charter. Act 977 authorizes domestic stock insurers to issue preferred stock.
Crimes And Offenses Crimes Against The Person: Redefine Aggravated Assault And Provide For Additional Penalties, Deborah L. O'Neal
Crimes And Offenses Crimes Against The Person: Redefine Aggravated Assault And Provide For Additional Penalties, Deborah L. O'Neal
Georgia State University Law Review
The Act expands the offense of aggravated assault by providing that an aggravated assault is committed when a person unlawfully discharges a firearm from within an automobile toward another person. The Act provides for additional sentencing with regard to the newly defined act of aggravated assault, which is punishable by imprisonment for five to twenty years.
Criminal Procedure Legal Defense Of Indigents: Provide Indigent Defense Funds To Defend Indigent Juveniles, Karin L. Allen
Criminal Procedure Legal Defense Of Indigents: Provide Indigent Defense Funds To Defend Indigent Juveniles, Karin L. Allen
Georgia State University Law Review
The Act allows money given to counties for indigent defense to be used for the appointment of attorneys for juveniles as well as for adults involved in juvenile proceedings.
Commercial Code Secured Transactions; Sales Of Accounts And Chattel Paper: Refinements And Further Definitions Of The Act Requiring Filing Statements And Central Indexing Among Conflicting Security Interests, Lance Hamilton
Georgia State University Law Review
The Act is principally aimed at fine-tuning the central indexing system for article 9 filings created by the General Assembly in 1993. It amends article 9 of title 11, relating to secured transactions, sales of accounts, and chattel paper, to define further what is required on a financing statement, amendment, continuance, assignment, release, or termination. It also provides for the transmission of that information to the central indexing system and specifies what information that system is to maintain. The act defines notice filing and renders ineffective terms in contracts which prohibit assignment, prohibits filing under a trade name if that …
Criminal Procedure Victim Compensation: Change Certain Definitions; Define Additional Terms; Repeal Certain Provisions; Change Certain Provisions; Change Powers Of The Georgia Crime Victims Compensation Board, Thomas L. Nunnallee
Georgia State University Law Review
The Act is a comprehensive revision of existing legislation providing compensation for crime victims. It changes certain definitions, adds new terms, and changes the powers of the Georgia Crime Victims Compensation Board. The Act also provides for direct payments to victims or other claimants for certain losses or reimbursements, provides for priority of payments, and provides for confidentiality of certain information. Additionally, the Act provides for awards to those suffering financial loss in aiding a crime victim, denies awards for property loss, and denies awards to certain currently incarcerated felons. Finally, the Act raises the maximum amount of an award …
Professions And Businesses Professional Counselors: Provide Exemption From Licensing Requirements For Certain Addiction Counselors Certified By Certain Private Associations, Thomas L. Nunnallee
Professions And Businesses Professional Counselors: Provide Exemption From Licensing Requirements For Certain Addiction Counselors Certified By Certain Private Associations, Thomas L. Nunnallee
Georgia State University Law Review
The Act provides a licensing exemption for certain addiction counselors who are certified by certain private associations. The Act also limits the scope of practice of exempted addiction counselors and restricts their activities to those conducted under the supervision of certified addiction counselors.
In My Opinion, Those Are Not Facts, Abner J. Mikva
In My Opinion, Those Are Not Facts, Abner J. Mikva
Georgia State University Law Review
No abstract provided.
Crash Test On The Information Superhighway: Constitutional Problems With The 1992 Cable Act Must-Carry Regulations, Amy Renee Wolverton
Crash Test On The Information Superhighway: Constitutional Problems With The 1992 Cable Act Must-Carry Regulations, Amy Renee Wolverton
Georgia State University Law Review
No abstract provided.
Connecting Defendant's Contact And Plaintiff's Claim: The Doctrine Of Specific Jurisdiction And The Matrimonial Domicile Provisions Of The Georgia Long-Arm Statute, E. R. Lanier
Georgia State University Law Review
No abstract provided.
Implications Of The Georgia Patient Self-Referral Act Of 1993, Charles F. Fenton
Implications Of The Georgia Patient Self-Referral Act Of 1993, Charles F. Fenton
Georgia State University Law Review
No abstract provided.
Amendment To The Constitution Of The State Of Georgia Article Iv. Constitutional Boards And Commissions, Section Ii. State Board Of Pardons And Paroles, Paragraph 11. Powers And Authority: Give The Legislature Power To Create Mandatory Minimum Sentences For Certain Violent Felonies, Amy K. Waggoner
Georgia State University Law Review
This Resolution proposes an amendment to the Constitution to give the General Assembly authority to set mandatory minimum sentences and a sentence to life without parole for certain crimes. The proposed amendment would remove authority from the State Board of Pardons and Paroles to consider persons serving these sentences for pardon, parole, or commutation.
Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Provide Certificate Of Authenticity, Amy K. Waggoner
Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Provide Certificate Of Authenticity, Amy K. Waggoner
Georgia State University Law Review
The Act adds a new Code section to the general provisions relating to the Georgia Bureau of Investigation. The new Code section provides that law enforcement agencies may submit substances, blood, or urine to the Division of Forensic Sciences for testing. It also requires that upon completion of the testing and at the request of a district attorney, the laboratory shall sign a certificate that will be admissible evidence of the laboratory results. Finally, it sets out procedures for making objections to the certificate at trial.
Courts Magistrate Courts: Provide For An Optional No Contest Bond Forfeiture Procedure For Misdemeanor Bad Check Violations As A Final Disposition And Provide For Bench Warrants When Forfeiture Is Not Final Disposition, Angelyn M. Wright
Georgia State University Law Review
The Act provides that chief magistrates may establish no contest cash bond schedules, allows persons arrested or accused of misdemeanor bad check violations to post a no contest cash bond, and deems failure to appear for trial to be a guilty plea and forfeiture of the bond, unless the court provides otherwise. When the court rejects the guilty plea and forfeiture, the Act instructs the court to issue a bench warrant for the defendant's arrest for subsequent default.
Courts Magistrate Courts: Provide That Persons Accused Of Violating An Ordinance Relating To Loitering May Be Arrested Prior To The Time Of Trial, Angelyn M. Wright
Courts Magistrate Courts: Provide That Persons Accused Of Violating An Ordinance Relating To Loitering May Be Arrested Prior To The Time Of Trial, Angelyn M. Wright
Georgia State University Law Review
The Act allows for the arrest prior to trial of those persons cited or accused and being prosecuted for violation of a county loitering ordinance.
Commerce And Trade Selling And Other Trade Practices: Provide It Shall Be Unlawful For Any Person To Sell Or Offer For Sale Any Ticket Of Admission To Any Entertainment Event For A Price In Excess Of The Price Printed On The Ticket And Provide For Service Charges And Their Specification On Announcements, Carolyn Rigot Seabolt
Georgia State University Law Review
The Act prohibits selling or offering to sell any ticket to certain sporting events for a price in excess of the price printed on the ticket. However, the Act provides that authorized ticket agents may charge a service charge which does not exceed three dollars. In addition, the Act provides the same prohibition for the sale of tickets to any entertainment event. However, the Act does allow the owner of the property on which the entertainment event is held to authorize any person to charge a service charge in addition to the price printed on the ticket. The authorization must …
Criminal Procedure Sentence And Punishment: Provide That Persons Who Are Convicted Of Certain Serious Violent Felonies Shall Serve Minimum Prison Sentences And Other Court Ordered Sentences In Their Entirety; Provide That A Person Who Has Been Convicted Of A Serious Violent Felony For The Second Time Shall Be Sentenced To Life Imprisonment Without Parole, Carolyn Rigot Seabolt
Georgia State University Law Review
The Sentence Reform Act of 1994 provides for a minimum sentence of ten years for persons convicted for the first time of serious violent felonies with the sentence to be served in its entirety. Furthermore, the Act provides that when the court orders sentences for first-time conviction of serious violent felonies, even when the sentences are beyond the minimum sentence required, the sentence will be served in its entirety and shall not be reduced by parole or any other sentence-reducing measures. The Act also amends certain Code sections dealing with Crimes and Offenses to provide for a ten year minimum …
Crimes And Offenses Crimes Against The Person: Provide For The Criminal Offense Of Offering To Assist In The Commission Of Suicide And Committing An Act In Furtherance Thereof, Charles F. Fenton
Georgia State University Law Review
The Act provides criminal penalties for those who offer or hold themselves out to assist another person in the commission of suicide and commit an act in furtherance thereof. The Act also provides criminal penalties for anyone who overcomes the will of another person and thereby causes that person to commit or attempt to commit suicide. The Act exempts withholding or withdrawing medical care pursuant to a living will, a durable power of attorney, or a written do-not-resuscitate order.
Domestic Relations Alimony And Child Support Generally: Provide For Accident And Sickness Insurance Coverage For Children, Charles F. Fenton
Domestic Relations Alimony And Child Support Generally: Provide For Accident And Sickness Insurance Coverage For Children, Charles F. Fenton
Georgia State University Law Review
The Act provides for a mechanism for the Department of Human Resources, the Department of Medical Assistance, or a custodial parent to require a support-paying parent's employer to obtain court-ordered accident and sickness insurance on behalf of the parent's child. The Act provides for criminal and civil penalties for any employer who does not abide by an enrollment order.