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Full-Text Articles in Law
Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food, Georgia State University Law Review
Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food, Georgia State University Law Review
Georgia State University Law Review
The Act requires food processors to maintain food safety plans and conduct tests on their food products before sending them into commerce and allows the Commissioner of Agriculture to define what standards the food safety plans need to comply with. The Act provides for civil and criminal penalties for violating the Act. Specifically, if the company does not file a food processing plan, the company will be exposed to a $5,000 fine. If the company intentionally fails to report a written food safety plan to the Department of Agriculture, the company will be exposed to a $7,500 fine. The Act …
Motor Vehicles And Traffic Uniform Rules Of The Road, Georgia State University Law Review
Motor Vehicles And Traffic Uniform Rules Of The Road, Georgia State University Law Review
Georgia State University Law Review
The Act prohibits all drivers from using text-based communications while operating a motor vehicle on any public highway in the state. The Act provides for acceptable text-based communications for public safety workers and similarly situated individuals, as well as for all drivers in certain circumstances. A violator of the Act’s provisions is subject to a fine of $150 and an assessment of one point on the violator’s driver’s license. The Act prohibits any driver under the age of eighteen who has an instruction permit or Class D license from using a cellular phone while operating a motor vehicle. It provides …
Criminal Procedure Crime Victims' Bill Of Rights, Georgia State University Law Review
Criminal Procedure Crime Victims' Bill Of Rights, Georgia State University Law Review
Georgia State University Law Review
The Act provides for crime victims’ rights in Georgia and creates substantive mechanisms for directing agencies to carry out these victim’s rights. These include the right to be present and heard in the sentencing phase of a criminal proceeding against the accused, including proceedings in juvenile court. The Act also provides that victims must be notified regarding the disposition of criminal proceedings or the status of the accused, such as release or escape, and requires the prosecuting attorney or the corrections department to provide such notice. Judges are also required to make a finding in every case as to whether …
2010 House And Senate Bill Index, Georgia State University Law Review
2010 House And Senate Bill Index, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Evidence Evidence, Georgia State University Law Review
Evidence Evidence, Georgia State University Law Review
Georgia State University Law Review
The bill would have adopted the Federal Rules of Evidence, reorganized Georgia evidentiary rules where not displaced by the Federal Rules, and made other necessary corrections to the Code to incorporate the new structure of the evidence Code.
Crimes And Offenses Sexual Offenses, Georgia State University Law Review
Crimes And Offenses Sexual Offenses, Georgia State University Law Review
Georgia State University Law Review
The purpose of this Act is to revise Georgia sex offender laws to promote the isolation of dangerous sexual predators from the public and ensure that they are adequately monitored in a manner that is constitutional. The key focus of the Act is to ensure the law properly directs resources towards protecting society from the sex offenders who pose the greatest threat to others by truly isolating the dangerous sexual predator. The Act narrows some of the previous statutory reporting requirements for sex offenders and aims to lessen some of these requirements by providing for certain exceptions. Additionally, the Act …
Labor And Industrial Relations Employment Security, Georgia State University Law Review
Labor And Industrial Relations Employment Security, Georgia State University Law Review
Georgia State University Law Review
The primary goal of this bill was to provide tax relief and create jobs while also encouraging investors to support local business development. The bill sought to accomplish this goal by giving employers a credit against contributions if they hired persons who were receiving unemployment benefits and by providing income tax credits to investors.
Insurance Individual Health Insurance Coverage, Georgia State University Law Review
Insurance Individual Health Insurance Coverage, Georgia State University Law Review
Georgia State University Law Review
The bill would have allowed insurers authorized to transact business in Georgia to offer Georgians individual accident and sickness policies that are approved for issuance in other states. The bill would have required that the out-of-state policies contain disclosures notifying consumers that the policies may be governed by the laws of other states and that the benefits may be different from other policies the consumer could have purchased. The sale of the out-of-state policies would have first been approved by the Georgia Commissioner of Insurance, and the Commissioner would also have had to adopt rules and regulations to implement the …
Labor And Industrial Relations Georgia Workforce Investment Board, Georgia State University Law Review
Labor And Industrial Relations Georgia Workforce Investment Board, Georgia State University Law Review
Georgia State University Law Review
The Act creates the Georgia Workforce Investment Board. The Act provides for the members who will compose the Board, the allocation of funding for the Board, and the powers and duties of the Board. The Act also provides that the Board is established to implement the state workforce development policy, as directed by the Governor.
Crimes And Offenses Offenses Against Public Safety And Order, Georgia State University Law Review
Crimes And Offenses Offenses Against Public Safety And Order, Georgia State University Law Review
Georgia State University Law Review
The Act clarifies current law relating to where weapons may be carried or possessed. It defines the offense of carrying a weapon without a valid license. The Act changes provisions relating to the carrying of weapons onto private property, public property, and campus grounds. It also provides for uniform security features of weapons carry licenses issued on or after January 1, 2012.
Conservation And Natural Resources Water Resources, Georgia State University Law Review
Conservation And Natural Resources Water Resources, Georgia State University Law Review
Georgia State University Law Review
The Act encourages state departments to examine their water conservation practices; standardizes leak reporting by public water utilities; requires submetering of multifamily, commercial, and industrial construction beginning July 1, 2012; requires high efficiency toilets, urinals, and fixtures in new construction beginning July 1, 2012; provides for the tracking of unused water withdrawal permits for agriculture purposes and establishes a process for those permits to revert back to the state; and restricts outdoor watering to between the hours of 4 p.m. and 10 p.m. so as to avoid evaporative loss and waste during the hottest hours of the day.
Crimes And Offenses Offenses Against Public Health And Morals, Georgia State University Law Review
Crimes And Offenses Offenses Against Public Health And Morals, Georgia State University Law Review
Georgia State University Law Review
The bill would have prohibited an abortion provider from performing an abortion: with the intent to prevent a child from being born based on the color, race, or gender of the unborn child; when the abortion provider knows that the mother is seeking the abortion based on the color, race, or gender of the unborn child; or when the abortion provider knows that the mother was unlawfully coerced into having the abortion. A violator of the bill’s provisions would have been subject to criminal and civil penalties.
2010 Table Of Georgia Code Sections Affected, Georgia State University Law Review
2010 Table Of Georgia Code Sections Affected, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Crimes And Offenses Forgery And Fraudulent Practices: Enact The Georgia Child, Family, And School Communications Protection Act; Provide A Short Title; Provide For Definitions; Create A Service To Protect Child, Family, And School Communications; Provide Conditions For Registration; Provide For A Fee; Provide For Procedures; Provide For Verification From The Contents Of The Service; Prohibit The Transmission Of Certain Messages; Provide For Exceptions; Prohibit The Release Of Certain Information; Shield Certain Information From Public Inspection; Provide For A Penalty; Provide For Civil Actions; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Frank Cobia
Georgia State University Law Review
The bill as passed by the Senate would create a registry of electronic contact points for children and prevent anyone wishing to send messages advertising content that is illegal for a minor to purchase, view, possess, participate in or receive from sending to a registered contact point. The system would be funded by charging senders a fee for scrubbing their address lists. The bill provides for both criminal and civil penalties. The bill was modified in the House committee to replace the registry with a requirement that messages advertising such things as pornography, gambling and prostitution must contain ADV:ADLT in …
Domestic Relations Divorce: Require Certain Divorcing Parents To Participate In Certain Education Classes That Focus On The Effect Of Divorce And Separation On Children; Provide For Legislative Findings; Provide For The Types Of Persons Who Can Provide The Education; Provide For Exceptions To The Education Classes; Change Certain Provisions Relating To The Time Limit For Granting A Divorce On The Ground That The Marriage Is Irretrievably Broken; Provide For A Different Time Frame For Granting Divorce Based On Certain Circumstances; Provide For Related Matters; Provide For An Effective Date And Applicability; Repeal Conflicting Laws; And For Other Purposes, Karen Hamilton
Georgia State University Law Review
The bill would have required certain divorcing parents with dependent children under 18 years of age to participate in education classes and provided the different types of professionals who could conduct the classes. The bill also would have enacted a waiting period changing the time a court could grant a divorce to 120 days from the date of the parties' separation when the parties have children 18 years of age or younger. The bill provided a waiting period waiver when a party obtained a protective order or when either party submitted allegations to the court of specific facts establishing probable …
Health Standards For Sewage Management Systems: Provide For The Continued Use And Installation Of All On-Site Sewage Management System; Authorize The Department Of Human Resources To Adopt State-Wide Regulations For On-Site Sewage Management Systems; Repeal The Definition Of "Prior Approved System"; Authorize The Department To Require Prior Examination And Approval Of Such Systems Before Use In Georgia; Provide For A Reduction In Trench Length Under Certain Circumstances; And For Other Purposes, Nicholas Prince Smith
Georgia State University Law Review
Standards for Sewage Management Systems: Provide for the Continued Use and Installation of All On-Site Sewage Management System; Authorize the Department of Human Resources to Adopt State-Wide Regulations for On-Site Sewage Management Systems; Repeal the Definition of Prior Approved System; Authorize the Department to Require Prior Examination and Approval of Such Systems Before Use in Georgia; Provide for a Reduction in Trench Length Under Certain Circumstances; and for Other Purposes
Health, Torts, And Civil Practice Georgia Hospital And Medical Liability Insurance Authority Act: Provide For Legislative Findings With Respect To A Crisis In The Field Of Hospital And Medical Liability Insurance; Address This Crisis Through Provision Of Insurance And Certain Civil Justice Reforms; Create The Georgia Hospital And Medical Liability Insurance Authority; Provide For The Members Of The Authority And Their Selection, Service, And Terms Of Office; Provide For The Filling Of Vacancies; Provide For The Powers, Duties, Operations, And Financial Affairs Of The Authority; Provide For The General Purpose Of The Authority; Prescribe Standards Relating To Vicarious Liability Of Medical Facilities For Actions Of Health Care Providers; Provide For Limited Liability For Certain Medical Facilities And Health Care Providers For Treatment Of Certain Emergency Conditions Under Certain Conditions; Provide For Qualifications Of Experts; Change Provisions Relating To The Allocation Of Liability And Recovery Of Damages In Tort Actions; Provide For The Degree Of Care Expected Of Medical Professionals In An Emergency Room Setting; Provide For The Consideration By The Jury Or Other Trier Of Fact Of Certain Factors Affecting This Care In Determining Whether Defendants Met This Degree Or Standard Of Care; Require The Approval By The Commissioner Of Insurance Of All Medical Malpractice Rates, Rating Plans, Rating Systems, And Underwriting Rules Prior To These Rates, Rating Plans, Rating Systems, And Underwriting Rules Becoming Effective; Change Certain Provisions Relating To Actions Against Certain Codefendants Residing In Different Counties; Change Provisions Relating To The Required Filing Of Affidavits In Professional Malpractice Actions; Provide For Other Related Matters; Repeal Conflicting Laws; And For Other Purposes, David Boohaker, Jon Gallant, Ramsey Knowles, A. Robin Teal
Georgia State University Law Review
The bill would have created an authority with power to provide rural hospitals with the ability to self-ensure. The bill would have allowed emergency facilities to limit liability associated with doctors who are independent contractors. The bill would have also restricted recovery from each defendant based on apportionment of liability rather than the usual joint and several liability schemes. The bill failed after a standoff on an amendment to cap non-economic damages.
Conservation And Natural Resources Stream Buffers: Amend Code Section 12-7-6 Of The Official Code Of Georgia Annotated Relating To Best Management Practices For Control Of Soil Erosion And Sedimentation And Minimum Requirements For Rules, Regulations, Ordinances, Or Resolutions To Change Certain Provisions Relating To Twenty-Five Foot Buffers Along State Waters; Repeal Conflicting Laws; And For Other Purposes, Sue B. Smith
Georgia State University Law Review
The Act allows individuals and developers to build within the 25 foot stream buffer as long as either the project will not increase the amount of pollutants in the stream or the project will improve water quality.
Crimes And Offenses Offenses Against Public Health And Morals; Enact The "Georgia Smokefree Air Act Of 2004"; Provide For The Crime Of Smoking In A Motor Vehicle On A State Highway, County Road, Or Municipal Street Or On Private Property While A Child Is Restrained In A Child Passenger Restraining System; Prohibit Smoking In Certain Facilities And Areas; Provide For Definitions; Provide For Exceptions; Provide For Posting Of Signs; Provide For Violations, Penalties, And State And Local Government Enforcement And Administration; Provide For Construction; Provide That This Prohibition Shall Be Cumulative To Other General Or Local Acts, Rules, And Regulations; Repeal A Former Prohibition Against Smoking In Public Places; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Brandy Ouzts
Georgia State University Law Review
The bills would have prohibited smoking in all enclosed public places in Georgia, including government owned, leased, and operated facilities and enclosed areas in places of employment. The bills also provided that these facilities must display a No Smoking sign and may not contain smoking related paraphernalia. Private residences, vehicles, stand-alone bars, some hotel rooms, private and semi-private rooms in nursing homes, retail tobacco stores, and outdoor places of employment would have been exempt from the smoking prohibition. Finally, penalties for violating the smoking ban would have included monetary fines, suspension, or revocation of the facility's business license, and injunctive …
Motor Vehicles And Traffic Racial Profiling: Amend The Official Code Of Georgia So As To Require Policies That Prohibit Law Enforcement Officers From Impermissibly Using Race Or Ethnicity In Determining Whether To Stop A Motorist; Require Annual Training Of Law Enforcement Officers On Impermissible Uses Of Race And Ethnicity In Stopping Vehicles; Require Law Enforcement Officers To Document The Race, Ethnicity, And Gender Of A Motorist And Passengers; Provide For Other Matters Relative Thereto; Repeal Conflicting Laws; And For Other Purposes, Jason Sheffield
Georgia State University Law Review
In 2004, the Georgia General Assembly considered a bill to amend the portion of the Georgia Code dealing with motor vehicles and traffic. HB 1327 would have prohibited the use of race or ethnicity in forming probable cause or reasonable suspicion to stop a vehicle and would have mandated data collection for all traffic stops by state and local law enforcement officers. Law enforcement personnel would have recorded this information on a form that the Department of Motor Vehicles would have devised. The Georgia Attorney General would have then analyzed this data to test for racial profiling. Additionally, HB 1327 …
Courts Juries: Provide The State And The Accused With The Same Number Of Peremptory Challenges In Misdemeanor, Felony, And Death Penalty Cases And In Challenging Alternative Jurors; Provide The Manner In Which Peremptory Challenges Are Made; Change The Size Of The Jury Panel In Felony And Death Penalty Cases; Provide The State With An Equal Number Of Additional Peremptory Challenges In Trials For Jointly Indicted Defendants; Provide An Exemption From Jury Duty For A Primary Caregiver Of A Child Who Is Four Years Of Age Or Younger; Provide An Exemption From Jury Duty For A Primary Teacher Of Children In A Home Study Program; And For Other Purposes, Jonathan Poole
Georgia State University Law Review
In 2004, the Georgia General Assembly considered a bill designed to exempt home-school teachers and certain primary caregivers from jury duty. The Senate amended the bill to provide the State and the accused with an equal number of preemptory challenges in death penalty, felony, and misdemeanor cases.
Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci
Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci
Georgia State University Law Review
The bill would have permitted state school boards to allow and encourage their teachers and administrators to read or post in their school building, classrooms, or at any event, documents or any portion of documents that relate to American heritage. The bill would have provided a list of documents, including the Constitution, the Declaration of Independence, the Mayflower Compact, and United States Supreme Court decisions. The bill would have prohibited content-based censorship of American history and heritage-based documents regarding any religious references.
Crimes And Offenses Child Endangerment: Define Criminal Negligence; Provide For Legislative Findings And Intent; Change The Definition Of Cruelty To Children To Provide For Third Degree Cruelty To Children; Provide For Penalties; Provide For Definitions; Make It Unlawful For Persons To Engage In Certain Activities Associated With Manufacturing Of Possessing Methamphetamine In The Presence Of Children; Refine The Term "Serious Injury" To Include Sexual Abuse Of A Minor Under The Age Of 16 Years, Jeremy P. Burnette
Georgia State University Law Review
Child Endangerment: Define Criminal Negligence; Provide for Legislative Findings and Intent; Change the Definition of Cruelty to Children to Provide for Third Degree Cruelty to Children; Provide for Penalties; Provide for Definitions; Make It Unlawful for Persons to Engage in Certain Activities Associated with manufacturing of Possessing Methamphetamine in the Presence of Children; Refine the Term Serious Injury to Include Sexual Abuse of a Minor Under the Age of 16 Years; Provide for Related Matters; Provide for an Effective Date and Applicability; Repeal Conflicting Laws; and for Other Purposes
Elections Elections And Primaries Generally: Require Permanent Paper Record Of Votes Cast On Electronic Recording Voting Systems Recount And Audit Purposes; Require All Electronic Voting Systems To Produce A Permanent Paper Record Of The Votes Recorded On These Systems For Each Voter; Provide That Voters Have An Opportunity To Verify This Record After Voting; Provide That These Paper Records Shall Be Retained For Use In Recounts And Election Challenge Proceedings, Beverly Jones Sill
Georgia State University Law Review
In 2004, the Georgia General Assembly failed to enact SB 500. This bill would have amended the Georgia Election Code by requiring that electronic voting machines create permanent paper records of ballots cast. Additionally, SB 500 would have allowed voters to verify these paper records after voting and retain the records for possible recounts. Although an emended version of the bill passed the Senate, it did not reach the floor of the House for debate. However, because the bill deals with a subject that is generating debate throughout the country--the security of electronic voting--SB 500 is worthy of examination.
Education Policies Prohibiting Bullying: Amend Policies Prohibiting Bullying Behavior; Make Changes Relating To Local School Board Policies Regarding Bullying In Student Codes Of Conduct; Change The Definition Of Bullying Behavior; Provide That Policies Relating To Bullying Behavior Apply To Students In Kindergarten Through Grade 12; Require Training On Bullying Behavior For Certain School System Personnel; Provide That Local School Systems Provide Information To The Department Of Education On The Number And Disposition Of Bullying Incidents Reported; Repeal Conflicting Laws, And For Other Purposes, Rachel E. Conrad
Georgia State University Law Review
Policies Prohibiting Bullying: Amend Policies prohibiting Bullying Behavior; Make Changes Relating to Local School Board Policies Regarding Bullying in Student Codes of Conduct; Change the Definition of Bullying Behavior; Provide that Policies Relating to Bullying Behavior Apply to Students in Kindergarten Through Grade 12; Require Training on Bullying Behavior for Certain School System Personnel; Provide that Local School Systems Provide Information to the Department of Education on the Number and Disposition of Bullying Incidents Reported; Repeal Conflicting Laws, and for Other Purposes
Penal Institutions Use Of Inmates For Private Gain: Authorize Use Of Inmates As Voluntary Labor For Privately Owned Profit-Making Employers Producing Goods And Services For Sale To Public And Private Purchasers; Authorize Georgia Correctional Industries Administration To Enter Into Service Contracts With Privately Owned Profit-Making Employers Producing Goods And Services For Sale To Public And Private Purchasers; Provide For Determinations By The Georgia Department Of Labor As To Whether Inmates Would Be Displacing Other Workers And Whether Labor Shortages Exist, Randall Wharton
Georgia State University Law Review
HB 1173 would have amended Chapters 1, 5, and 10 of Title 42 of the Official Code of Georgia Annotated to allow inmates to volunteer for certain jobs in private industries. Additionally, it would have allowed the private sale of inmate-produced goods, directed the Georgia Department of Labor to ensure that inmates did not displace other and that officials only use inmate labor in areas where labor shortages existed, and allowed penal authorities to enter into service contracts with privately owned profit-making employers producing goods and services for sale to public and private purchasers.
Constitution Of The State Of Georgia Defense Of Marriage Act: Amend The Constitution Of The State Of Georgia To Provide That Georgia Shall Recognize As Marriage Only The Union Of A Man And A Woman; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Shannon Alexander, Heather Schafer
Constitution Of The State Of Georgia Defense Of Marriage Act: Amend The Constitution Of The State Of Georgia To Provide That Georgia Shall Recognize As Marriage Only The Union Of A Man And A Woman; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Shannon Alexander, Heather Schafer
Georgia State University Law Review
Defense of Marriage Act: Amend the Constitution of the State of Georgia to Provide That Georgia Shall Recognize as Marriage Only the Union of a Man and a Woman; Provide for Submission of This Amendment for Ratification or Rejection; and for Other Purposes
Crimes And Offenses Racketeer Influenced And Corrupt Organizations: Allow Class Actions To Be Brought Against Unlicensed Lenders; Include Payday Lending In The Definition Of Racketeering Activity; Declare A Legislative Intent To Prohibit Activities Commonly Referred To As Payday Lending, Deferred Presentment Services, Or Advance Cash Services; Strengthen And Increase The Criminal And Civil Penalties Therefore; Void Payday Lending Loans; Declare That Forum Selection Clauses In Payday Lending Contracts Are Unenforceable In Georgia; Provide For Civil Remedies Of Borrowers; Provide For Civil Penalties; Declare A Tax On Profits From Payday Loans, Tia Martarella
Georgia State University Law Review
The Georgia General Assembly determined that, despite actions by the Attorney General and the Industrial Loan Commission, payday lending continues in the State of Georgia. The Act declares a legislative intent to prohibit payday lending and provides for civil remedies to those borrowers harmed
Education Elementary And Secondary Education: Provide A Cause Of Action For Improper Solicitation Of High School Athletes And Require High Schools To Disclose The Names Of All Student Athletes, Johnson Kimberly
Georgia State University Law Review
The Act creates civil and criminal causes of action for colleges and universities against persons who violate college athletic recruitment rules and regulations by offering high school students money or other things of value to attend a particular college or university. The Act also requires high schools to release the names of all student athletes and to inform those athletes of college eligibility requirements.
Professions And Businesses Professional Counselors, Social Workers, And Marriage And Family Therapists: Exempt Licensing Requirements For Disaster Relief Services, Shayne Clinton
Georgia State University Law Review
The Act allows therapists, counselors, and social workers to provide their services during disasters or states of emergency without satisfying Georgia's licensing requirements. The exemption only covers workers that do not charge the recipients for disaster relief services and that are in the disaster area for a maximum of 30 days.