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Full-Text Articles in Law

Revenue And Taxation Income Taxes: Adjust The Treatment Of Capital Gains, Job Tax Credits, And Gain Or Loss From The Sale Of Property, Trent B. Speckhals Oct 1992

Revenue And Taxation Income Taxes: Adjust The Treatment Of Capital Gains, Job Tax Credits, And Gain Or Loss From The Sale Of Property, Trent B. Speckhals

Georgia State University Law Review

HB 456 allows Georgia taxpayers to adjust their taxable net income with respect to capital gains in the same manner as is used in computing federal adjusted gross income. HB 1399 expands tax credits for newly created jobs to more counties for certain employers. HB 1739 brings Georgia tax law into conformity with federal tax law by allowing those who sell personal residence property in Georgia to avoid paying taxes on the gain or loss of that residential property as long as the person purchases another personal residence anywhere else in the United States within two years.


Amendments To Local Court Rules Of The United States District Court For The Northern District Of Georgia, Georgia State University Law Review Oct 1992

Amendments To Local Court Rules Of The United States District Court For The Northern District Of Georgia, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Public Utilities And Public Transportation Electrical Service: Require Long Range Energy Resource Planning And Certification Of Plant Facilities, Long-Term Power Purchases, And Demand-Side Capacity Options, A. Craig Cleland Jan 1992

Public Utilities And Public Transportation Electrical Service: Require Long Range Energy Resource Planning And Certification Of Plant Facilities, Long-Term Power Purchases, And Demand-Side Capacity Options, A. Craig Cleland

Georgia State University Law Review

The Act requires that regulated electric utilities submit to the Public Service Commission an integrated resource plan for meeting long-range energy needs, which the Commission must approve or devise a plan of its own. The Act also requires that the Commission certify the construction or sale of electric plants, purchases of long-term electric power, and expenditures for demand-side capacity options before the electric utility takes any of these actions. Once the Commission orders certification of such an action by the electric utility, the utility can automatically recover, with certain exceptions, the costs of such action from ratepayers.


Enforcing Criminal Money Judgments In Bankruptcy: Is The Government Out Of Line?, Scott P. Hilsen Jan 1992

Enforcing Criminal Money Judgments In Bankruptcy: Is The Government Out Of Line?, Scott P. Hilsen

Georgia State University Law Review

No abstract provided.


A Report To The Supreme Court Of Georgia By The Commission On Gender Bias In The Judicial System, Georgia State University Law Review Jan 1992

A Report To The Supreme Court Of Georgia By The Commission On Gender Bias In The Judicial System, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Conservation And Natural Resources Department Of Natural Resources: Establish Minimum Standards And Procedures For Protection Of Mountains And River Corridors, Andrew W. Roberts Jan 1992

Conservation And Natural Resources Department Of Natural Resources: Establish Minimum Standards And Procedures For Protection Of Mountains And River Corridors, Andrew W. Roberts

Georgia State University Law Review

The Act provides for protection of certain mountain slopes and river corridors by limiting development and placing restrictions on the land owners. The mountain protection portion of the bill protects all mountain slopes at an elevation of over 2,200 feet with a grade of more than twenty-five percent. The river corridor protection portion of the bill restricts development within 100 feet of rivers having a flow rate of over 400 cubic feet per second, limiting permissible structures to single family residences and necessary infrastructure. A natural vegetative cover must be maintained in the buffer area. Both sections provide exemptions for …


Insurance Georgia Motor Vehicle Accident Reparations Act: Repeal Provisions Requiring Personal Injury Protection Insurance Coverage And Related Provisions, Carlos L. Corless Jan 1992

Insurance Georgia Motor Vehicle Accident Reparations Act: Repeal Provisions Requiring Personal Injury Protection Insurance Coverage And Related Provisions, Carlos L. Corless

Georgia State University Law Review

The Act repeals and adds a number of Code sections dealing with Georgia's automobile insurance legislation. The central measure of the Act repeals and revises provisions of the Georgia Motor Vehicle Accident Reparations Act that require personal injury protection insurance coverage. Other key features include a mandatory fifteen percent rollback of certain motor vehicle insurance rates and an additional ten percent discount for motorists with good driving records; tighter regulation of insurance rates by requiring prior approval by the Insurance Commissioner of any rating plan; adding powers to regulate fraud including provisions making it easier to report fraud, increasing the …


Criminal Procedure Sentence And Punishment: Regulation Of Hiv Testing In Aids-Transmitting Crimes, Carol Ann Hendry Jan 1992

Criminal Procedure Sentence And Punishment: Regulation Of Hiv Testing In Aids-Transmitting Crimes, Carol Ann Hendry

Georgia State University Law Review

The Act provides that a victim, or legal guardian of a victim, of an AIDS transmitting crime or other crime involving significant exposure may request that the person arrested for the crime be tested for HIV. If the arrested person refuses to be tested, the superior court may order the test to be performed upon a showing that there is probable cause to believe that the person arrested for the offense committed the crime and that significant exposure occurred. Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmitting crime, an HIV test …


Health Comprehensive Nursing Home Legislation, Jill M. Wood Jan 1992

Health Comprehensive Nursing Home Legislation, Jill M. Wood

Georgia State University Law Review

This package of nursing home legislation amends and adds several new Code sections relating to nursing home abuse, management, licensure, and safety. The Acts provide immunity and confidentiality for employees who report nursing home abuse; availability of a list of nursing homes that have been sanctioned; and irrevocable letters of credit to secure residents' personal funds. In addition, hearing officers in contested licensure cases were given the power to consider mitigating factors before imposing sanctions. Also, funds were set aside in the budget for the installation of automatic fire suppression sprinkler systems in nursing homes.


Mental Health Examination, Treatment, Etc., For Mental Illness: Provide For Treatment Team To Concur On Decision To Discharge Mental Patients And For Period Of Conditional Release Of Mentally Ill Defendants, Melinda D. Taylor Jan 1992

Mental Health Examination, Treatment, Etc., For Mental Illness: Provide For Treatment Team To Concur On Decision To Discharge Mental Patients And For Period Of Conditional Release Of Mentally Ill Defendants, Melinda D. Taylor

Georgia State University Law Review

HB 889 amends Title 37 of the Georgia Code by changing several provisions relating to administration of mental health laws. The most significant changes include providing the Department of Human Resources with access to patient records, changing the duties of the chief medical officer, allowing chief medical officers to appoint designees, changing the provision regarding patient discharge, and allowing psychologists to perform functions traditionally performed by physicians. Other minor changes include providing for confidentiality of records and providing patients with the ability to seek treatment from private psychologists. HB 469 provides the court with authority to authorize a period of …


Motor Vehicles And Traffic Uniform Rules Of The Road: Provide Criminal Penalty For Vehicular Feticide, R. Linley Jones Jan 1992

Motor Vehicles And Traffic Uniform Rules Of The Road: Provide Criminal Penalty For Vehicular Feticide, R. Linley Jones

Georgia State University Law Review

The Act defines the offenses of feticide by vehicle in the first and second degree. The Act also provides penalties for the commission of those offenses.


Wrongful Repossession In Georgia, A. Craig Cleland Jan 1992

Wrongful Repossession In Georgia, A. Craig Cleland

Georgia State University Law Review

No abstract provided.


Social Services Programs And Protection For Children And Youth: Control Who May Have Access To Records Concerning Child Abuse Reports, Carol Ann Hendry Jan 1992

Social Services Programs And Protection For Children And Youth: Control Who May Have Access To Records Concerning Child Abuse Reports, Carol Ann Hendry

Georgia State University Law Review

The Act changes who may have access to child abuse records and what information such persons may be given. The Act also repeals the clause indicating that records shall not be released if such release would cause loss of federal funds.


Motor Vehicles And Traffic Drivers' Licenses: Provide For Suspension For Misdemeanor Possession, Provide For Delay In Issuance For Conviction Of Controlled Substance Related Offenses, And Increase Time Of Suspension, Debra D. Green Jan 1992

Motor Vehicles And Traffic Drivers' Licenses: Provide For Suspension For Misdemeanor Possession, Provide For Delay In Issuance For Conviction Of Controlled Substance Related Offenses, And Increase Time Of Suspension, Debra D. Green

Georgia State University Law Review

The Act provides for the suspension of the driver's license of any person convicted of a misdemeanor possession of marijuana. The Act also increases the time of suspension for first offenders from 120 days to not less than 180 days. The Act also provides for a delay in issuing a driver's license to any person who is convicted of possession of a controlled substance or marijuana either if she does not have a license or if her license is suspended.


Motor Vehicles And Traffic Driver's Licenses, Uniform Rules Of The Road: Change Definitions, Penalties, And Procedures Relating To Driving Under The Influence Of Alcohol And Drugs, Linwood Gunn Jan 1992

Motor Vehicles And Traffic Driver's Licenses, Uniform Rules Of The Road: Change Definitions, Penalties, And Procedures Relating To Driving Under The Influence Of Alcohol And Drugs, Linwood Gunn

Georgia State University Law Review

The package of bills makes it unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle. The level of alcohol concentration that constitutes driving under the influence is reduced to 0.10 grams, with a level of 0.06 grams for minors under the age of eighteen. The package provides for the publication of the name, address, and photograph of any person convicted a third time of driving under the influence of alcohol or drugs. The package provides for a six hour detention period for persons arrested for driving under the influence of alcohol …


Motor Vehicles And Traffic Uniform Rules Of The Road: Provide For Application Of Uniform Rules Of The Road To Vehicles Operated Within Privately Owned Residential Areas, Michael H. Friedman Jan 1992

Motor Vehicles And Traffic Uniform Rules Of The Road: Provide For Application Of Uniform Rules Of The Road To Vehicles Operated Within Privately Owned Residential Areas, Michael H. Friedman

Georgia State University Law Review

The Act provides that counties or municipalities shall enforce the Uniform Rules of the Road in private subdivisions, and that notice of enforcement shall be given at least thirty days before enforcement begins.


Motor Vehicles And Traffic Uniform Rules Of The Road; Prohibit Car Sound Device That Can Be Heard More Than 100 Feet From The Motor Vehicle, Michael H. Friedman Jan 1992

Motor Vehicles And Traffic Uniform Rules Of The Road; Prohibit Car Sound Device That Can Be Heard More Than 100 Feet From The Motor Vehicle, Michael H. Friedman

Georgia State University Law Review

The Act prohibits amplifying a car radio or tape player so that it can be heard more than 100 feet away from the car. A violation of this Act is a misdemeanor. The Act delegates to the Department of Public Safety the responsibility of defining certain provisions of the Act, and establishing standards by which the police are to measure the sound. The Act also provides for several exceptions: communication devices necessary in police and emergency vehicles used for performing their respective duties, sound devices used for business or political purposes, and warning devices, such as horns.


Courts Juvenile Proceedings, Parental Rights: Provide Exclusive Jurisdiction Over Juvenile Traffic Offenses In Juvenile Court And Provide For Records Of Juvenile Offenses, Pamela G. Nathan Jan 1992

Courts Juvenile Proceedings, Parental Rights: Provide Exclusive Jurisdiction Over Juvenile Traffic Offenses In Juvenile Court And Provide For Records Of Juvenile Offenses, Pamela G. Nathan

Georgia State University Law Review

These Acts revise a number of Code sections relating to juvenile law and proceedings. They define juvenile traffic offenses and delinquent offenses; define exclusive original jurisdiction over all juvenile traffic offenses to the juvenile court; require and official record be kept of juvenile traffic and delinquent offenses; strengthen the public policy that restraints on juveniles prior to adjudication are not preferred; and combine the Commission on Children and Youth with the Juvenile Justice Coordination Council.


Labor And Industrial Relations Workers' Compensation: Owner-Operators Of Vehicles Leased To Carriers Become Independent Contractors For Workers' Compensation Purposes, Pamela G. Nathan Jan 1992

Labor And Industrial Relations Workers' Compensation: Owner-Operators Of Vehicles Leased To Carriers Become Independent Contractors For Workers' Compensation Purposes, Pamela G. Nathan

Georgia State University Law Review

The Act provides that an owner-operator, which is an equipment lessor who leases her vehicular equipment with driver to a carrier, is deemed an independent contractor for purposes of workers' compensation.


Revenue And Taxation Ad Valorem Taxation Of Property: Provide For The Ad Valorem Taxation Of Timber And Current Use Valuation / Taxation Of Bona Fide Conservation Use Property And Bona Fide Residential Transitional Property, Susan L. Daniels Jan 1992

Revenue And Taxation Ad Valorem Taxation Of Property: Provide For The Ad Valorem Taxation Of Timber And Current Use Valuation / Taxation Of Bona Fide Conservation Use Property And Bona Fide Residential Transitional Property, Susan L. Daniels

Georgia State University Law Review

The Act allows taxation of standing timber when it is cut or sold. The Act also allows certain qualifying properties to be valued according to current use rather than fair market value to preserve the aesthetic beauty of the State of Georgia and to allow property owners to keep large pieces of property that were previously unaffordable due to high taxes.


Is Altruism Possible In Lawyering?, Carrie Menkel-Meadow Jan 1992

Is Altruism Possible In Lawyering?, Carrie Menkel-Meadow

Georgia State University Law Review

No abstract provided.


Georgia's Usury Laws And Interest On Interest: The Need To Transcend The Nineteenth Century, Richard W. Grice, Rick D. Blumen Jan 1992

Georgia's Usury Laws And Interest On Interest: The Need To Transcend The Nineteenth Century, Richard W. Grice, Rick D. Blumen

Georgia State University Law Review

No abstract provided.


Supervision Of International Banking Post-Bcci, Hal S. Scott Jan 1992

Supervision Of International Banking Post-Bcci, Hal S. Scott

Georgia State University Law Review

No abstract provided.


Wills, Trusts, And Administration Of Estates Wills: Effect Of A Will Lost Before The Death Of The Testator, Mary Mccall Cash Jan 1992

Wills, Trusts, And Administration Of Estates Wills: Effect Of A Will Lost Before The Death Of The Testator, Mary Mccall Cash

Georgia State University Law Review

The Act ensures that wills lost during the testator's lifetime will be treated in the same manner as wills lost after the testator's death. The Act also conforms the service of process on minors for probate in solemn form to the personal service specified in the Civil Practice Act. Finally, the Act creates a new procedure for choosing an administrator with the will annexed based on a majority in interest of the beneficiaries.


Penal Institutions General Provisions: Provide For Work Release Programs For Certain County Inmates And Provide For Home Arrest For Certain County Offenders, Melodie Belcher Jan 1992

Penal Institutions General Provisions: Provide For Work Release Programs For Certain County Inmates And Provide For Home Arrest For Certain County Offenders, Melodie Belcher

Georgia State University Law Review

The Acts provide for general provisions regarding work release programs and home arrest programs for certain county inmates and include eligibility requirements, assignment provisions, notice provisions, provisions regarding the revocation of assigned work release or home arrest, and provisions dealing with the disposition of an inmate's wages.


Insurance Authorization And General Requirements For Transaction Of Insurance: Establish New Procedures To Ensure The Financial Stability Of Insurance Companies, Robert S. Anderson Jan 1992

Insurance Authorization And General Requirements For Transaction Of Insurance: Establish New Procedures To Ensure The Financial Stability Of Insurance Companies, Robert S. Anderson

Georgia State University Law Review

The Act Expands the power of the Insurance Commissioner to suspend the certificate of authority of an insurance company. The Act requires that insurers authorized to operate in Georgia file certain documents with the National Association of Insurance Commissioners. Requirements controlling the manner in which insurers may reinsure their risks are amended. Insurance holding companies may not enter into major transactions without giving notice to the Commissioner, subject to her disapproval. Power is given to the Commissioner to prevent the acquisition of an insurer in a manner that would lessen competition among insurers in Georgia. The Act amends the procedures …


Revenue And Taxation Chapter 7a: Provide Tax Credit For Certain Persons Whose Adjusted Gross Income Does Not Exceed $19,999, Susan L. Daniels Jan 1992

Revenue And Taxation Chapter 7a: Provide Tax Credit For Certain Persons Whose Adjusted Gross Income Does Not Exceed $19,999, Susan L. Daniels

Georgia State University Law Review

The Act provides tax relief in the form of a tax credit to low-income residents and the working poor in Georgia. The tax credit applies to residents with adjusted gross incomes under $19,999. The Act repeals the tax exemption for certain foods for off-premises human consumption.


The Collateral Source Rule In Georgia: A New Method Of Equal Protection Analysis Brings A Return To The Old Common Law Rule, Calvin R. Wright Jan 1992

The Collateral Source Rule In Georgia: A New Method Of Equal Protection Analysis Brings A Return To The Old Common Law Rule, Calvin R. Wright

Georgia State University Law Review

No abstract provided.


Local Government Conflict Of Interest In Zoning Actions: Provide For Disqualification Of A Zoning Official When There Is A Conflict Of Interest And Expand Rezoning Applicants' Political Contribution Disclosure Requirements, Bentley Greg Cline Jan 1992

Local Government Conflict Of Interest In Zoning Actions: Provide For Disqualification Of A Zoning Official When There Is A Conflict Of Interest And Expand Rezoning Applicants' Political Contribution Disclosure Requirements, Bentley Greg Cline

Georgia State University Law Review

The Act provides for disqualification of a zoning official from voting on a rezoning application where there is a conflict of interest. The Act expands a rezoning applicant's reporting requirements of political contributions to zoning officials. A rezoning applicant's agents (including attorneys) must disclose their contributions. The Act provides for disclosure of political contributions by opponents of rezoning applications.


Crimes And Offenses Offenses Against Public Administration: Provide Definition Of Bribery Of A Public Official Or Employee, Daniel R. King Jan 1992

Crimes And Offenses Offenses Against Public Administration: Provide Definition Of Bribery Of A Public Official Or Employee, Daniel R. King

Georgia State University Law Review

The Act expands the class of people subject to the offense of bribery and provides a new definition of bribery. Public officials, whether elected or appointed, or employees of the state, any county or municipality or any agency, authority, or entity thereof, are subject to the Act. The Act provides that a public official or employee commits bribery when she solicits, accepts, or agrees to receive a thing of value by inducing the reasonable belief that the thing will influence her performance of any official action.