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Full-Text Articles in Law
Criminal Procedure Limitations On Prosecution: Provide For The Tolling Of The Statute Of Limitations For Prosecutions Of Certain Offenses Against Children, Jami Philpott
Georgia State University Law Review
The Act provides that the applicable statute of limitations for certain criminal offenses against victims under sixteen years of age will be tolled until the victim reaches the age of sixteen or the violation is reported to certain governmental agencies, whichever occurs first.
Conservation And Natural Resources Waste Management: Creation Of A State Superfund To Help Fund The Cost Of Hazardous Waste Site Cleanup In Georgia, Sarah L. Inderbitzin
Conservation And Natural Resources Waste Management: Creation Of A State Superfund To Help Fund The Cost Of Hazardous Waste Site Cleanup In Georgia, Sarah L. Inderbitzin
Georgia State University Law Review
The Act creates the Hazardous Waste Trust Fund with monies collected from fees on generators and importers of hazardous and solid waste. The fund is to be used for the cleanup of hazardous waste sites. The Act also identifies categories of persons jointly, severally, and strictly liable to the state for costs incurred by the state in the cleanup. Those persons are also liable for civil and punitive damages which will help fund the Trust. The Act also provides certain exceptions to liability. Finally, the Act calls for identification and listing of hazardous waste sites in Georgia.
Professions And Businesses Review, Continuation, Re-Establishment, Or Termination Of Regulatory Agencies: End Mandatory Sunset Audits, Blake Frye
Georgia State University Law Review
The Act eliminates the requirement that the state auditor audit certain regulatory agencies every six years for the purpose of determining whether their continued existence is warranted. In addition, it repeals previous statutes which would have terminated specific agencies on specified dates.
Property Pawnbrokers: Provide Comprehensive Legislation Regulating Loans On Motor Vehicle Titles, J. Anthony Love
Property Pawnbrokers: Provide Comprehensive Legislation Regulating Loans On Motor Vehicle Titles, J. Anthony Love
Georgia State University Law Review
The Act makes extensive changes in the manner in which a pawnbroker may offer loans to individuals who pledge the title of their motor vehicle as security. The most significant provisions of the Act set new limits on the amount of interest which may be charged on a pawnbroker loan and require pawnbrokers to provide individuals seeking such loans with detailed disclosure settlements. The Act further revises the Georgia Code sections dealing with the leasing of motor vehicles pledged for loans, limitations on the duration of pawn transactions, the amount of storage fees which a pawnbroker may charge, the amount …
Labor And Industrial Relations Workers' Compensation: Revise Extensively The Provisions Concerning Benefits And Coverage, Employer Ratings By Insurers, The Award Process, And Other Miscellaneous Aspects Of The System, G. Mark Cole
Georgia State University Law Review
The Act requires that hearings to determine workers'; compensation awards be held more quickly than previously required. Maximum monetary benefits for covered injuries are increased, while employers are allowed to set off certain other disability benefits against workers; compensation obligations and to have access to any employee's medical files related to a covered injury. New limits are set on the length of coverage for some types of injuries. Attorneys'; fees are reduced to a maximum of twenty-five percent. New responsibilities for communicating information are imposed on insurers and rating organizations. The Act creates an Advisory Council, and requires that more …
Health Living Wills: Allow Pregnant Women And Patients In A Coma Or Persistent Vegetative State To Have Life-Sustaining Measures Withheld Or Withdrawn, Grantland G. King Iii
Health Living Wills: Allow Pregnant Women And Patients In A Coma Or Persistent Vegetative State To Have Life-Sustaining Measures Withheld Or Withdrawn, Grantland G. King Iii
Georgia State University Law Review
The act expands the living wills provisions of the Georgia Code to allow the declarant of a living will to authorize the withholding or withdrawal of life-sustaining measures in the event that the declarant subsequently enters into a coma or persistent vegetative state. The Act also allows life-sustaining measures to be withheld or withdrawn from a pregnant woman as long as her fetus is not viable when the question arises as to whether to withhold or withdraw such life-sustaining measures. The Act further allows health care facilities to provide patients with forms for living wills in accordance with federal law.
Commercial Code Bank Deposits And Collections: Provide Regulations Relating To Funds Transfers Between Banks, Jeffrey S. York
Commercial Code Bank Deposits And Collections: Provide Regulations Relating To Funds Transfers Between Banks, Jeffrey S. York
Georgia State University Law Review
The Act amends Georgia's Commercial Code to add a new Article 4A, designed to provide a uniform set of rules to govern funds transfers between financial institutions. The addition of Article 4A to Georgia's Commercial Code follows the 1989 completion of the new Article 4A of the Uniform Commercial Code.
Wills, Trusts, And Estates Investments, Sales, And Conveyances: Authorize Executors And Trustees To Invest In The Securities Of Or Other Interests Of Certain Investment Companies Or Investment Trusts, Provide That Such Fiduciary Power May Be Incorporated By Reference, Jeffrey S. York
Georgia State University Law Review
The Act provides that corporate trustees or executors shall not be precluded from investing in securities or other interests of certain investment companies or investment trusts because of other services provided to those companies or trusts by the trustees or executors. Further, the Act provides that the fiduciary power to invest in such companies or trusts may be incorporated by reference in a will or trust agreement.
Domestic Relations Alimony And Child Support: Authorize Court Ordered Support Past Age Of Majority, Scott Michael Kaye
Domestic Relations Alimony And Child Support: Authorize Court Ordered Support Past Age Of Majority, Scott Michael Kaye
Georgia State University Law Review
HB 1519 authorizes the court to order child support payments to continue until the child reaches the age of twenty. The court is only authorized to award support payment in the event that the child reaches the age of majority while in high school (secondary school) and where such child has not previously been married or emancipated. Further, the Act gives the child a right to enforce the support obligation directly against the noncustodial parent. The Act also amends certain criteria for state aid in child support and custody cases by providing courts the discretion not to appoint a guardian …
Motor Vehicles And Traffic Drivers' Licenses, Uniform Rules Of The Road: Modify Procedures And Penalties Relating To Driving Under The Influence Of Drugs Or Alcohol, Charles R. Bridgers
Motor Vehicles And Traffic Drivers' Licenses, Uniform Rules Of The Road: Modify Procedures And Penalties Relating To Driving Under The Influence Of Drugs Or Alcohol, Charles R. Bridgers
Georgia State University Law Review
SB 489 initiates administrative suspension of drivers'; licenses for second time DUI violators. SB 487 increases penalties for habitual DUI violators and creates a crime of endangering a child by driving under the influence of alcohol or drugs. HB 451 defines traffic accident which resulted in serious injuries or fatalities.; SB 579 allows a driver to reduce points on her license by taking a corrective course before eight points are accumulated. HB 1508 directs the Department of Public Safety to accept driver correction courses certified by other states. SB 524 adds an additional monetary penalty onto a conviction for DUI …
Commerce And Trade Selling And Other Trade Practices: Prohibit False Advertising Regarding Legal Services, P. Cole Law
Commerce And Trade Selling And Other Trade Practices: Prohibit False Advertising Regarding Legal Services, P. Cole Law
Georgia State University Law Review
The Act prohibits providers of legal services from advertising in an untrue, fraudulent, deceptive, or misleading manner. The Governor's Office of Consumer Affairs is authorized to investigate such advertising and may issue public reprimands and cease and desist orders. The Act requires that notice and a hearing be provided to the accused. The Act also provides a remedy for affected persons. The Act provides that a violator of a cease and desist order issued pursuant to the Act is guilty of a misdemeanor.
Conservation And Natural Resources Water Resources: Provide Protection For Coastal Marshlands And Beaches, Rose Marie Wade
Conservation And Natural Resources Water Resources: Provide Protection For Coastal Marshlands And Beaches, Rose Marie Wade
Georgia State University Law Review
These Acts recognize that the coastal marshlands, sand dunes, beaches, sandbars, and shoals of Georgia comprise important natural resources systems. The Acts provide for management and regulation of these systems by requiring permits for construction in these areas. The Acts provide for committees appointed by the Board of Natural Resources to administer the permit program and to respond to emergency situations. The Acts also establish civil penalties which may be imposed for violations.
State Government State Printing And Documents: Amend Open Meeting And Open Record Requirements Of State Agencies, Blake Frye
Georgia State University Law Review
SB 604 amends title 50 of the Georgia Code by changing several provisions addressing the requirements of open meetings of state government agencies and access to public records. The most significant changes include requiring prior notice to the public of the subject of emergency meetings, limiting access to public meetings concerning the job evaluation and rating of a public officer, altering the standard necessary to collect attorneys'; fees from an agency which has violated the open meeting or public record access requirements, and limiting the public disclosure of names and other information concerning candidates for the executive head of state …
Crimes And Offenses Georgia Street Gang Terrorism And Prevention Act: Punish And Deter Street Gangs, Carla M. Dudeck
Crimes And Offenses Georgia Street Gang Terrorism And Prevention Act: Punish And Deter Street Gangs, Carla M. Dudeck
Georgia State University Law Review
The Act makes it a misdemeanor offense to actively participate in a criminal street gang and provides sentence enhancements for crimes committed in connection with membership in a street gang.
Penal Institutions Jails: Allow Jails To Recover Medical Costs From Inmates' Insurance Carriers, Provide For Deductions From Inmate Accounts To Defray Certain Costs, Carla M. Dudeck
Georgia State University Law Review
HB 1170 allows the officer in charge of a detention facility to recover medical costs from inmates'; insurance carriers. HB 1769 provides that certain medical and other costs may be deducted from an inmate's jail account, and that repayment of the other costs may later be made a condition of probation.
Crimes And Offenses Controlled Substances: Provide Penalty For Trafficking In Methamphetamine, Increase Criminal Penalty For Drug Related Offenses Which Occur In Designated Areas, Criminalize The Use Of Minors For Any Drug Related Activity, Reimburse Political Candidates For The Cost Of Required Drug Tests, Edith M. Shine
Georgia State University Law Review
These acts expand Georgia's drug legislation. SB 593 criminalizes the use of a minor for any drug related activity. HB 1779 criminalizes the possession, distribution, or manufacturing of controlled substances within 1000 feet of certain designated areas, such as playgrounds and housing projects. SB 834 provides a penalty for trafficking in methamphetamine. HB 601 amends Code section 21-2-140 to provide reimbursement to candidates for state office for the cost of required drug tests.
Aviation Airport Development: Provide For Georgia Airport Development Authority And Condemnation Only Upon Consent, Holly Nelms Winter
Aviation Airport Development: Provide For Georgia Airport Development Authority And Condemnation Only Upon Consent, Holly Nelms Winter
Georgia State University Law Review
HB 1106, known as the Georgia Airport Development Authority Law, creates the Georgia Airport Development Authority, which is responsible for studying the location, funding, and development of any new airport within the State of Georgia which is planned to accommodate large aircraft. SB 173 prohibits any city, county, or municipality from condemning private property in a neighboring city, county, or municipality for a new airport or for an airport expansion without obtaining permission of the neighboring local government. The Act provides for appeal to the General Assembly for approval upon denial by the city, county, or municipality in which such …
Civil Practice Limitations Of Actions: Provide For Limitation Of Civil Actions For Childhood Sexual Abuse, Jami Philpott
Civil Practice Limitations Of Actions: Provide For Limitation Of Civil Actions For Childhood Sexual Abuse, Jami Philpott
Georgia State University Law Review
The Act provides for a limitation period for bringing civil actions for childhood sexual abuse. In order to recover damages as a result of childhood sexual abuse, the plaintiff must commence the action against the abuser no later than five years after the plaintiff attains the age of majority. The Act also defines the term childhood sexual abuse. Finally, the Act specifies that claims which would have been barred prior to the effective date of the Act are not revived.
Wills, Trusts, And Estates Administrators And Executors: Authorize A Trustee To Express A Choice On Behalf Of The Beneficiaries Of An Inter Vivos Pourover Trust, Jeffrey S. York
Georgia State University Law Review
The Act provides that a trustee of an inter vivos trust which is a beneficiary under a will, having an interest in the appointment of the administrator with will annexed, as well as a trustee of a trust created by a will, shall be authorized to express a choice on behalf of the beneficiaries of the trust.
Revenue And Taxation Ad Valorem Taxation Of Property: Create An Appeal Process For Fulton County And City Of Atlanta, John F. Connolly
Revenue And Taxation Ad Valorem Taxation Of Property: Create An Appeal Process For Fulton County And City Of Atlanta, John F. Connolly
Georgia State University Law Review
The Acts create a new system for appeals of ad valorem taxes in the City of Atlanta and Fulton County. First, the Acts require that the Atlanta-Fulton Joint Board of Tax Assessors hear appeals and review assessments in accordance with the general laws of the State of Georgia. Second, the Acts provide for the creation of boards of equalization for every 10,000 parcels of property within the city and county. Third, the Acts require that through 1996, the City of Atlanta must contract with Fulton County to provide for the assessment of ad valorem taxes and hear and dispose of …
Evidence Proof Generally: Provide Procedures For Operating And Maintaining A Dna Data Bank, Karen Kelley
Evidence Proof Generally: Provide Procedures For Operating And Maintaining A Dna Data Bank, Karen Kelley
Georgia State University Law Review
The Act provides procedures for the development and maintenance of a data bank containing deoxyribonucleic acid (DNA) analysis of blood taken from convicted sex offenders. The Act sets procedures for the withdrawal of the blood samples. The Act authorizes the Georgia Bureau of Investigation Division of Forensic Sciences (GBIDFS) to perform DNA analysis of the blood for the purpose of determining identification characteristics of the person from whom the blood was taken, and to set up a data bank containing the results of the analysis. The Act provides procedures to release this information and dictates to whom it may be …
Conservation And Natural Resources Prevention And Control Of Air Pollution: Establish A New Georgia Air Quality Act, Lewis Perling
Conservation And Natural Resources Prevention And Control Of Air Pollution: Establish A New Georgia Air Quality Act, Lewis Perling
Georgia State University Law Review
The Act strikes the Georgia Air Quality Act of 1978 in its entirety and replaces it with the new Georgia Air Quality Act, which substantially revises a number of provisions and adds one new section. The Act includes: new provisions regarding the powers and duties of both the Board of Natural Resources and the Director of the Environmental Protection Division; new provisions for hearings; new provisions for applications and procedures applicable to permits; new penalties for non-compliance; and the implementation of a small business stationary source technical and environmental compliance program.
Elections Ethics In Government: Regulate Lobbyist Gifts And Contributions To Public Officers And Limit Campaign Contributions, Mary Jo Schrade
Elections Ethics In Government: Regulate Lobbyist Gifts And Contributions To Public Officers And Limit Campaign Contributions, Mary Jo Schrade
Georgia State University Law Review
The Act regulates the activities of lobbyists and provides maximum campaign contributions which may be received by public officers and public employees. It provides a system for the registration of lobbyists, and it requires lobbyists to prepare and submit expenditures reports to the State Ethics Commission. The Act also limits campaign contributions which candidates for public office may accept to an aggregate amount of $1000 or $2500, depending upon the type of public office the candidate is seeking. A contribution to the campaign committee of a candidate for public office is considered a contribution to the candidate. The Act provides …
Crimes And Offenses Sexual Offenses: Prohibit Sexual Contact Between Psychotherapist And Patient, P. Cole Law
Crimes And Offenses Sexual Offenses: Prohibit Sexual Contact Between Psychotherapist And Patient, P. Cole Law
Georgia State University Law Review
The Act prohibits psychotherapists from engaging in sexual relations with their patients. Consent of the patient is not a defense to a charge of sexual assault under the Act. A person convicted of violating the Act is guilty of a felony and is subject to imprisonment for not less than one nor more than three years.
Conservation And Natural Resources Prevention And Control Of Air Pollution: Provide Dnr With Power To Respond To Epa Regulations For Vehicle Emissions, Rose Marie Wade
Conservation And Natural Resources Prevention And Control Of Air Pollution: Provide Dnr With Power To Respond To Epa Regulations For Vehicle Emissions, Rose Marie Wade
Georgia State University Law Review
The Act provides the Board of Natural Resources with authority to modify the vehicle emissions program in Georgia as required to conform to the changes in federal regulations. The Act gives the Board power to increase the number of counties affected, change the emission inspection fee, require a certain amount to be spent for repairs, and set standards for emissions testing.
Waters Of The State, Ports, And Water Craft General Provisions: Prohibit Certain Structures On Tidewaters Held In Public Trust And Navigable Waters, Sarah L. Inderbitzin
Waters Of The State, Ports, And Water Craft General Provisions: Prohibit Certain Structures On Tidewaters Held In Public Trust And Navigable Waters, Sarah L. Inderbitzin
Georgia State University Law Review
The Act provides procedures for the removal of floating structures used for habitation which have been fastened to the banks of, or embedded in, the beds of tidewaters of the state which are held in public trust or are navigable streams or rivers. The Act also directs the Department of Natural Resources to promulgate rules and regulations which establish standards for safety and construction. Structures which meet those standards and which were in place as of February 1, 1992 are eligible for permits on July 1 1992; such permits extend the time for removal by five years.
Insurance Individual Or Group Accident And Sickness Insurance: Provide Mandatory Coverage For Certain Cancer Tests, Susan Rappa
Insurance Individual Or Group Accident And Sickness Insurance: Provide Mandatory Coverage For Certain Cancer Tests, Susan Rappa
Georgia State University Law Review
The Act requires individual and group accident and sickness insurance policies to contain coverage for mammograms and Papanicolaou smears (Pap smears) for women and prostrate specific antigen tests for men. Insurers must provide this coverage only for the categories of women and men specifically stated in the Act. The coverage is mandatory, but is subject to some limitations and exclusions which may be approved by the Insurance Commissioner.
Commercial Code Investment Securities: Replace Article 8 Of The Georgia Commercial Code, Suzan E. Roth
Commercial Code Investment Securities: Replace Article 8 Of The Georgia Commercial Code, Suzan E. Roth
Georgia State University Law Review
The Act replaces Article 8 of the Commercial Code, which governs investment securities, with the 1977 Amendments to Article 8 drafted by the Uniform Law Commissioners. The Act provides a legal framework for the transfer of interests in uncertified"; securities, which are securities that do not require actual certificates to evidence ownership thereof. Certain conforming amendments to Articles 1, 5, and 9 of the Commercial Code are included in the Act.
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
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.
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.