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Articles 1 - 30 of 63
Full-Text Articles in Law
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 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.
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.
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.
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: 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.
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.
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 …
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.
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.
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 …
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.
Courts Probate Courts: Provide Method For Service Of Process On Minors Or Incapacitated Adults In Probate Court Proceedings, F. Faison Middleton
Courts Probate Courts: Provide Method For Service Of Process On Minors Or Incapacitated Adults In Probate Court Proceedings, F. Faison Middleton
Georgia State University Law Review
The Act provides a modernized method for serving process upon minors or incapacitated adults in probate court proceedings. There are two requirements. First, the probate court must mail, by certified mail, a copy of the document being served to the minor or incapacitated adult. Second, the probate court must serve the legal guardian or guardian ad litem. The guardian must acknowledge service and certify that the document has been hand delivered to the minor or incapacitated adult. The court's certificate of service and the guardian's acknowledgment and certification must be filed with the court as proof of this service.
Criminal Procedure Pre-Trial Proceedings: Provide For Discovery And Inspection Of Evidence By The Prosecution And Defendants In Criminal Cases, Jeffrey A. Hannah
Criminal Procedure Pre-Trial Proceedings: Provide For Discovery And Inspection Of Evidence By The Prosecution And Defendants In Criminal Cases, Jeffrey A. Hannah
Georgia State University Law Review
The Act provides for comprehensive discovery in criminal felony and misdemeanor trials. Evidence of alibis and in rebuttal of alibis must now be disclosed by defense and prosecution counsel at least ten days prior to trial. Access to documents, records, and results of examinations and scientific tests, and statements of witnesses must now be disclosed by the prosecution. Upon request of defense counsel, the prosecution must provide access to documents within the possession, custody, or control of the prosecution or state. The Act provides new guidelines for supplying copies of a defendant's Georgia Crime Information Center (GCIC) criminal history to …
Criminal Procedure Searches And Seizures: Confiscation Of Weapons From Juveniles Upon Arrest For Delinquency, Karin L. Allen
Criminal Procedure Searches And Seizures: Confiscation Of Weapons From Juveniles Upon Arrest For Delinquency, Karin L. Allen
Georgia State University Law Review
The Act permits the confiscation of weapons used in crimes committed by juveniles and the retention of those weapons for use in law enforcement. It also allows proceeds derived from the sale of confiscated weapons to go to the county or municipality in which the crime was committed.
Motor Vehicles And Traffic Uniform Rules Of The Road: Require Exchange Of Certain Information Between Parties To A Motor Vehicle Accident; Alter Provisions For Return Of License Following Completion Of Drug Or Alcohol Program; Require Driver To Obey Signals Of Police Officers, Karin L. Allen
Georgia State University Law Review
The Act requires drivers to exchange the names of their liability insurance companies at the scene of an accident. It also requires defendants who plead nolo contendere to a DUI charge to complete a drug or alcohol program within 120 days to avoid suspension of their drivers' licenses. Although proof of course completion must be submitted to both the court and the Department of Public Safety within 120 days to avoid a $200 license reinstatement fee, the Act gives the Department of Public Safety power to waive the $200 fee in certain circumstances. Finally, the Act requires drivers to bring …
Civil Practice Civil Practice Act: Disallow Waiver Of Disqualification Of Court Reporter For Interest; Disallow Continuing Contracts For Court Reporting Services, Leonard Hope
Georgia State University Law Review
The Act prohibits the waiver of disqualification of financially interested court reporters and requires disclosure by the reporter of the financial arrangement between the reporter and the party paying for the reporting services. The Act prohibits continuing contracts fro court reporting services. The Act also provides penalties for violations of the Act.
Insurance Insurance Generally: Provide For Limited Release Of Settling Insurance Carrier And Insured Tortfeasor For Claims Arising Out Of Motor Vehicle Accidents Covered By Two Or More Insurance Carriers, Stephen R. Chance, F. Faison Middleton Iv
Insurance Insurance Generally: Provide For Limited Release Of Settling Insurance Carrier And Insured Tortfeasor For Claims Arising Out Of Motor Vehicle Accidents Covered By Two Or More Insurance Carriers, Stephen R. Chance, F. Faison Middleton Iv
Georgia State University Law Review
For claims arising out of motor vehicle accidents in which there is multiple insurance coverage, the Act provides that one carrier may settle with the claimant by paying its policy limits and thereby release itself and its insured from further liability except to the extent other insurance coverage may apply. The Act further provides that any carrier not settling shall continue to be liable to the extent of its policy limits. The Act maintains the status quo for bad faith and negligent refusal to settle.
Banking And Finance Financial Institutions: Provide For Nationwide Reciprocal Banking, William D. Gaither
Banking And Finance Financial Institutions: Provide For Nationwide Reciprocal Banking, William D. Gaither
Georgia State University Law Review
Ending Georgia's participation in the Southeast Regional Banking Compact, the Act allows Georgia banks and bank holding companies to expand into any state that allows interstate banking and allows banks and bank holding companies from such states to expand into Georgia. The Act may be preempted, however, by pending federal legislation.
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.
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 …
Professions And Businesses Patient Self-Referral: Expand Definition Of Designated Health Services To Include Certain Services, Laura Story
Georgia State University Law Review
The Act modifies the definition of the term designated health services within the Patient Self-Referral Act of 1993 to include durable medical equipment, home infusion therapy services, and home health care services. A transition period extending until January 1, 1995 is provided for those investment interests acquired before July 1, 1994, during which time a health care provider may make an otherwise prohibited referral.
Crimes And Offenses Offenses Against Public Order And Safety: Prohibit The Issuance Of Pistol Licenses To Nonpardoned Felons, Leonard Hope
Crimes And Offenses Offenses Against Public Order And Safety: Prohibit The Issuance Of Pistol Licenses To Nonpardoned Felons, Leonard Hope
Georgia State University Law Review
The Act prohibits the issuance of a license to carry a pistol or revolver and a temporary renewal permit to felons.
Motor Vehicles And Traffic Driver's Licenses: Repeal Certain Requirements For Habitual Offender Applicants For Probationary Licenses; Provide Administrative Suspension For First Time Offenders; Limit Driving Permits; Change Allowable Blood Alcohol Content For Drivers Under The Age Of Eighteen; Provide For Administrative Suspensions And Service Of Notice Of Suspensions; Provide For Driving Under The Influence; Prohibit Certain Nolo Contendere Pleas; Require That Testing Machines Work Properly, Martin A. Shelton
Georgia State University Law Review
Act 1008 eliminates the requirement for the Department of Public Safety to do a criminal records check on habitual violators applying for a probationary license. Act 1209 tightens up Georgia Driving Under the Influence (DUD laws by changing the provisions relating to limited driving permits. These provisions include the issuance of temporary driving permits; the administration of chemical tests; the suspension of licenses for refusing to submit to a blood alcohol level test; the service of notice of such a suspension; the terms and conditions of an administrative suspension of license; the basic provisions for driving under the influence; the …
Introduction To An Address By The Honorable Abner J. Mikva, Stephen J. Wermiel
Introduction To An Address By The Honorable Abner J. Mikva, Stephen J. Wermiel
Georgia State University Law Review
No abstract provided.
Tilting At Crosses: Nontaxpayer Standing To Sue Under The Establishment Clause, Marc Rohr
Tilting At Crosses: Nontaxpayer Standing To Sue Under The Establishment Clause, Marc Rohr
Georgia State University Law Review
No abstract provided.
Domestic Relations Alimony And Child Support Generally: Provide A Right To A Hearing When An Income Deduction Is Ordered Because Of A One-Month Delinquency In Child Support; Provide Removal Of Certain Exceptions To Applicability In Income Deductions, Elizabeth T. Baer
Georgia State University Law Review
This portion of the Act accomplishes a housekeeping task of cleaning up a portion of chapter 6 of title 19, relating to the inclusion of non-Title IV obligors in income deduction orders. Further, the Act eliminates the fifteen¬day waiting period previously allotted a child support obligor after an order was entered as an opportunity to contest an income deduction which was issued upon a showing of a one¬month delinquency. Under the Act, the obligor may request a hearing within fifteen days after receiving notice of delinquency. However, if the obligor does not exercise this right, the income deduction order takes …