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Conservation And Natural Resources Georgia Water Quality Control Act: Authorize Mandated Sale Of Low Phosphorus Detergents, W. Linkous Sep 1989

Conservation And Natural Resources Georgia Water Quality Control Act: Authorize Mandated Sale Of Low Phosphorus Detergents, W. Linkous

Georgia State University Law Review

The Act authorizes local governmental entities in Georgia to mandate that retailers sell only low phosphorus household laundry detergents under certain circumstances. The Act provides for local ordinances and the contents of such ordinances.


Domestic Relations Child And Spousal Support: Comply With Federal Guidelines To Enforce Child Support Awards, F. Cullen Sep 1989

Domestic Relations Child And Spousal Support: Comply With Federal Guidelines To Enforce Child Support Awards, F. Cullen

Georgia State University Law Review

The Act amends the Code section relating to the enforcement of child and spousal support payments to comply with the federal Child Support Enforcement Amendments of 1984 and the Family Support Act of 1988. The Act provides guidelines for courts to use in determining the amount of child support awards. Further, the Act grants the court authority to enforce obligations of spousal and child support by ordering immediate wage deductions. It also provides for periodic review and adjustment of child support orders.


State Government Open Meetings Legislation In The 1989 Session Of The Georgia General Assembly, C. Keen Sep 1989

State Government Open Meetings Legislation In The 1989 Session Of The Georgia General Assembly, C. Keen

Georgia State University Law Review

Open meetings legislation, which was introduced during the 1989 session of the Georgia General Assembly, included: A proposed constitutional amendment which would have made all General Assembly sessions and committee meetings open to the public; a bill dealing with open meeting and records provisions of school disciplinary hearings; a bill which would have exempted most records dealing with the hiring of high-level or professional personnel by a state agency, and which exempted records resulting from staff services to the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office; a bill which, although similar to the …


Elections The Recall Act Of 1989: Provide Specific Grounds For Recall, E. Imes Sep 1989

Elections The Recall Act Of 1989: Provide Specific Grounds For Recall, E. Imes

Georgia State University Law Review

The Act replaces the Recall Act of 1979, which was struck down by the Georgia Supreme Court in 1988. The supreme court declared the original Act unconstitutional because it did not provide specific standards of misconduct supporting the recall of an elected official. The new version provides standards and guidelines governing the recall of any elected public official who, while holding public office, acts in a manner adverse to public administration. The Act also provides for the judicial review of a recall petition.


Insurance Insurance Regulation: Revise Agent Licensing Requirements, W. Petty Sep 1989

Insurance Insurance Regulation: Revise Agent Licensing Requirements, W. Petty

Georgia State University Law Review

The Act revises license regulations for insurance agents, solicitors, brokers, counselors, and adjusters and provides for fiduciary and record keeping duties for life and accident and sickness insurance agents.


Insurance Vehicle Service Or Extended Warranty Agreements: Empower Commissioner To Regulate, W. Petty Sep 1989

Insurance Vehicle Service Or Extended Warranty Agreements: Empower Commissioner To Regulate, W. Petty

Georgia State University Law Review

The Act empowers the Commissioner of Insurance of the State of Georgia to regulate vehicle service or extended warranty agreements.


Contracts Trade Secrets: Provide Definition, A. Chapar Sep 1989

Contracts Trade Secrets: Provide Definition, A. Chapar

Georgia State University Law Review

The Act defines trade secret and states that all rights relating to trade secrets shall be in accord with the term as used in the Act.


Professions And Businesses Health: Registered Nurses And Physicians' Assistants May Order Drugs Under Protocol, B. Rowe Sep 1989

Professions And Businesses Health: Registered Nurses And Physicians' Assistants May Order Drugs Under Protocol, B. Rowe

Georgia State University Law Review

The Act expands the scope of practice for registered professional nurses and physicians' assistants to include the ordering of certain drugs, medical treatments, and diagnostic studies by reference to a nurse protocol or a physician's assistant's job description. Registered nurses and physicians' assistants may dispense drugs in certain settings.


Commerce And Trade Georgia Seed Capital Fund: Create, D. Whiting-Pack Sep 1989

Commerce And Trade Georgia Seed Capital Fund: Create, D. Whiting-Pack

Georgia State University Law Review

The Act authorizes the creation of a State Seed Capital Fund which will provide capital to innovative businesses. the Act authorizes the Advanced Technology Development Center to manage the fund, subject to approval by the Georgia Board of Regents. The Act also permits the State to disburse funds to investment partnerships and to challenge the investments of partnerships engaged in innovative projects. The Act also provides for the disbursement of returns on investment of state funds, liquidation of investment partnerships, limitations on investments by investment partnerships, and annual reporting requirements.


Motor Vehicles And Traffic Serious Injury By Vehicle: Define Crime, J. Bagwell Sep 1989

Motor Vehicles And Traffic Serious Injury By Vehicle: Define Crime, J. Bagwell

Georgia State University Law Review

The Act creates a new felony offense of serious injury by vehicle resulting from reckless driving. Previously, the Code restricted the felony offense of serious injury by vehicle to reckless driving due to impairment of ability by alcohol or drugs. The Act broadens the statute's scope to include reckless driving without such impairment.


Courts Prosecution Of Traffic Offenses And Juvenile Proceedings, R. Barbe Sep 1989

Courts Prosecution Of Traffic Offenses And Juvenile Proceedings, R. Barbe

Georgia State University Law Review

The two Acts, while applying to different Code sections, have a similar effect on Georgia court procedures. SB 273 permits probate and municipal courts having jurisdiction over traffic offenses to request that the circuit district attorney or the state court solicitor in that country conduct trials on behalf of the state. SB 287, similarly, permits a district attorney to appear for the state in a delinquency hearing before a juvenile court, if the state is not represented by a solicitor and if that office is requested to do so by the court.


Evidence Competency Of Witnesses: Amend Provision For Qualification Of Victims And Witnesses Of Child Molestation And Other Crimes, R. Goff Sep 1989

Evidence Competency Of Witnesses: Amend Provision For Qualification Of Victims And Witnesses Of Child Molestation And Other Crimes, R. Goff

Georgia State University Law Review

The Act amends a section of the Code pertaining to the competency of child witnesses to testify. Before this change, a child's competency as a witness could be challenged by either party in court. Upon such challenge, the court was obligated to examine the child to determine her ability to understand the nature and ramifications of her testimony. The Act declares that children ages fourteen and under who were or may have been the victims or witnesses of child molestation or other crimes are automatically competent to testify.


Conservation And Natural Resources Georgia Water Supply Act: Authorize Department Of Natural Resources To Build And Manage Reservoirs, W. Linkous Sep 1989

Conservation And Natural Resources Georgia Water Supply Act: Authorize Department Of Natural Resources To Build And Manage Reservoirs, W. Linkous

Georgia State University Law Review

The Act amends the Georgia Code provisions relating to water resources by authorizing the Department of Natural Resources (DNR) to acquire or construct water supply reservoirs. The Act also authorizes the DNR to operate and maintain any project that embraces a water source or that distributes or sells water and other related facilities. The Act also provides for the protection of wetlands. Finally, the Act authorizes the DNR to contract and to execute leases and to do all things deemed necessary and convenient for operation of projects authorized by the Act.


Wills, Trusts And Administration Of Estates Changes In The Law Of Wills, A. Chapar Sep 1989

Wills, Trusts And Administration Of Estates Changes In The Law Of Wills, A. Chapar

Georgia State University Law Review

The Acts provide for changes to the Georgia law of wills. HB 157 provides that the residence of decedents in the care of nursing homes at the time of death shall normally be the county of residence before the entry of the decedent into the facility. HB 257 defines uniform procedures governing appointment of a guardian over an incapacitated adult who owns real property. HB 258 permits lawfully admitted aliens to perform as executors of estates. HB 259 expands the concurrent jurisdiction of probate courts with superior courts to include the acceptance of the resignation of a trustee.


Insurance Insurance Regulation: Tentative Steps Toward Reform, H. Pruett Sep 1989

Insurance Insurance Regulation: Tentative Steps Toward Reform, H. Pruett

Georgia State University Law Review

SB 30 prohibits insurers, small loan companies, and their respective political action committees from contributing to the campaign for the Office of the Insurance Commissioner. SB 31 requires the Insurance Commissioner to release to the public each year a list of written requests for assistance by citizens against insurers. HB 178 requires the Insurance Commissioner to publish a supplemental annual report listing insurance companies deemed to be in financial difficulty. HB 182 requires insurers to engage a loss reserve specialist when reserves fall below the standard. HB 183 prohibits certain direct response advertising by insurers. HB 201 creates certain requirements …


Nuisances Health Hazard: Enable Counties And Municipalities To Require Owners To Repair Or Demolish Buildings Used For Illegal Drug Activities, M. Hathaway Sep 1989

Nuisances Health Hazard: Enable Counties And Municipalities To Require Owners To Repair Or Demolish Buildings Used For Illegal Drug Activities, M. Hathaway

Georgia State University Law Review

The Act amends the statutory definition of an unfit building to include vacant, dilapidated structures that are used in connection with the commission of drug crimes; a county or municipality may require the repair, closing, or demolition of buildings found to be unfit. The Act also provides investigative standards for determining when a building is unfit and for notice requirements.


Courts Juvenile Courts: Provide Guidelines To Judges Regarding When Juveniles Shall Be Incarcerated Prior To Case Adjudication, R. Conte Sep 1989

Courts Juvenile Courts: Provide Guidelines To Judges Regarding When Juveniles Shall Be Incarcerated Prior To Case Adjudication, R. Conte

Georgia State University Law Review

The Act provides that, as a matter of public policy, the unconditional release of accused juveniles prior to the adjudication of their cases is preferred to incarceration. The Act sets forth conditions under which the detention of a juvenile may be considered. The Act also delineates certain values which must be reflected in any detention of a juvenile prior to the adjudication of that juvenile's case.


The Ethics Of Advertising By Georgia Lawyers: Survey And Analysis, Roy M. Sobelson Sep 1989

The Ethics Of Advertising By Georgia Lawyers: Survey And Analysis, Roy M. Sobelson

Georgia State University Law Review

No abstract provided.


Criminal Procedure Searches And Seizures: Regulate Law Office Searches, S. Brannan Sep 1989

Criminal Procedure Searches And Seizures: Regulate Law Office Searches, S. Brannan

Georgia State University Law Review

The Act prohibits the issuance and execution of a search warrant for documents in an attorney's possession absent a showing of probable cause that the attorney committed a crime, or that the attorney has possession of the place to be searched and the documents will be hidden or destroyed. The Act also prohibits warrantless law office searches and provides procedural protections which regulate the search and the disposition of potentially privileged documents.


Conservation And Natural Resources Solid Waste Management: Regulate Landfills, V. Jones Sep 1989

Conservation And Natural Resources Solid Waste Management: Regulate Landfills, V. Jones

Georgia State University Law Review

The Act provides for additional regulations related to the management, handling, and disposal of solid waste in sanitary landfills.


Professions And Businesses Used Car Dealers' Registration Act: Exclude Franchised Motor Vehicle Dealers, W. Petty Sep 1989

Professions And Businesses Used Car Dealers' Registration Act: Exclude Franchised Motor Vehicle Dealers, W. Petty

Georgia State University Law Review

The Act restricts the scope of the Used Car Dealers' Registration Act by excluding franchised motor vehicle dealers from the statutory definition of a used car dealer, from representation on the State Board of Registration of Used Car Dealers, and from used car dealer license and registration requirements


Domestic Relations Collection Of Child Support Payments: Remove From Probation Department, F. Cullen Sep 1989

Domestic Relations Collection Of Child Support Payments: Remove From Probation Department, F. Cullen

Georgia State University Law Review

The Act amends the Uniform Reciprocal Enforcement of Support Act by transferring the responsibility of collecting certain child support payments from the probation department of the court to the Office of Child Support Recovery or to a county agency designated as the child support receiver. Further, the Act amends the Code to provide that probation supervisors no longer are authorized to collect child support payments.


Crimes And Offenses Reckless Abandonment Of A Child: Provide Elements Of The Offense And Criminal Penalties, R. Conte Sep 1989

Crimes And Offenses Reckless Abandonment Of A Child: Provide Elements Of The Offense And Criminal Penalties, R. Conte

Georgia State University Law Review

The Act sets forth the elements of the felony criminal offense of reckless abandonment of a child under one year of age. The Act also imposes a criminal penalty of not less than ten nor more than twenty-five years imprisonment upon any individual who is found guilty of the offense.


Corporations, Partnerships And Associations Limited Partnerships: Amend Georgia Revised Uniform Limited Partnership Act, T. Mallory Sep 1989

Corporations, Partnerships And Associations Limited Partnerships: Amend Georgia Revised Uniform Limited Partnership Act, T. Mallory

Georgia State University Law Review

The Act amends the limitations on names available to limited partnerships, provides for the merger of a limited partnership with a corporation, permits a general partner to maintain the confidentiality of reasonable trade secrets, provides for interim redemption of partnership interests, and alters public notice requirements as they affect the personal liability of a withdrawing general partner.


Professions And Businesses Athlete Agents: Amend Provisions, A. Stafford Sep 1989

Professions And Businesses Athlete Agents: Amend Provisions, A. Stafford

Georgia State University Law Review

The Act amends the regulations governing the conduct of athlete agents by giving the Athlete Agents Regulatory Commission additional powers to discipline or revoke the registration of athlete agents. The Act adds criminal penalties for violation of the Act. The Act also reduces the amount of the bond that an athlete agent is required to post.


Property Title Registration: Amend Provisions, A. Stafford Sep 1989

Property Title Registration: Amend Provisions, A. Stafford

Georgia State University Law Review

The Act amends the title registration requirements allowing title to registered land to be acquired by adverse possession, and by treating registered land as unregistered for purposes of recording and transfer.


Torts Torts: Defamation And Abusive Litigation, A. Chapar Sep 1989

Torts Torts: Defamation And Abusive Litigation, A. Chapar

Georgia State University Law Review

One person may sue another for libelous statements made in visual or sound media. Section 1 of the Act permits a defendant to plead and prove certain facts which will prevent the plaintiff from recovering punitive damages and also will mitigate actual damages. These facts include: the defendant acted without malice; the plaintiff did not request a retraction; or the defendant published a retraction in a manner as conspicuous as that of the defamatory statement. Section 2 of the Act defines the tort of abusive litigation. A plaintiff may sue in tort if a defendant, with malice, levied a claim …


Conservation And Natural Resources Historic Preservation Legislation, B. Herrin Sep 1989

Conservation And Natural Resources Historic Preservation Legislation, B. Herrin

Georgia State University Law Review

The Acts provide for a Georgia Register of Historic Places, for the creation of property tax incentives to rehabilitate historic structures, and for allowing local governments to continue to regulate zoning and historical plans without legislative interference.


Crimes And Offenses Buying Or Selling Human Body Parts: Include Fetal Tissue, B. Rowe Sep 1989

Crimes And Offenses Buying Or Selling Human Body Parts: Include Fetal Tissue, B. Rowe

Georgia State University Law Review

The Act makes the buying or selling of a human fetus or any part of a human fetus a felony.


Revenue And Taxation Increase In Hotel And Motel Excise Tax To Finance Industrial Bonds: Georgia Dome, D. Vaughan Sep 1989

Revenue And Taxation Increase In Hotel And Motel Excise Tax To Finance Industrial Bonds: Georgia Dome, D. Vaughan

Georgia State University Law Review

The Act amends Chapter 13 of Title 48 of the Official Code of Georgia Annotated by increasing the rate of tax that may be levied by certain counties and municipalities on motel and hotel rooms, lodgings, and accommodations, and by authorizing those counties to expend the funds collected to promote tourism and construct a convention facility.