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1993

Peach Sheet

Articles 1 - 30 of 32

Full-Text Articles in Law

Domestic Relations Alimony And Child Support Generally: Provide For Payroll Deductions For Child Support And For Revisions Of Judgment For Permanent Alimony Or Child Support Generally When Authorized, Petition And Hearing; Cohabitation With Third Party As Grounds For Revision; Attorney Fees; Temporary Modification Pending Trial, Daliah Brill Sep 1993

Domestic Relations Alimony And Child Support Generally: Provide For Payroll Deductions For Child Support And For Revisions Of Judgment For Permanent Alimony Or Child Support Generally When Authorized, Petition And Hearing; Cohabitation With Third Party As Grounds For Revision; Attorney Fees; Temporary Modification Pending Trial, Daliah Brill

Georgia State University Law Review

These Acts relate to child support and alimony generally. HB 261 makes payroll deductions possible in a broad group of cases and does not does not restrict the use of payroll deductions in enforcement of support obligations to IV-D cases. SB 277 allows for revisions of judgments for alimony or child support when the recipient of support is cohabitating with a third party.


Evidence Best Evidence Rule: Revise Georgia Best Evidence Rule Relating To Admissibility Of Reproduction Made In The Regular Course Of Business, Gregory S. Esslinger Sep 1993

Evidence Best Evidence Rule: Revise Georgia Best Evidence Rule Relating To Admissibility Of Reproduction Made In The Regular Course Of Business, Gregory S. Esslinger

Georgia State University Law Review

The Act changes the requirements of the Georgia Best Evidence Rule relating to the admissibility of reproductions made in the regular course of business. The Act expands the scope of the rule by deleting the requirement that the image be nonerasable and that the reproduction be a permanent preservation of the original. The Act further amends the original Code section by providing that the original need not be accounted for only if the reproduction accurately reproduces or forms a durable medium for reproducing the original.


Evidence Witness Generally: Limit Circumstances In Which Pharmacists May Be Required To Release Medical Information About Patients, James R. Westbury Jr. Sep 1993

Evidence Witness Generally: Limit Circumstances In Which Pharmacists May Be Required To Release Medical Information About Patients, James R. Westbury Jr.

Georgia State University Law Review

The Act prohibits a pharmacist from being required to release medical information about a patient, unless there is a written waiver by the patient or the patient's legal representative, a court order, or subpoena requiring release. Pharmacists releasing information pursuant to a waiver, court order, or subpoena are not liable for doing so. Patients waive the limited privilege of confidentiality provided to the Act to the extent that they their care of treatment at injuries in issue in an administrative, civil, or criminal proceeding.


Banking And Finance Financial Institutions: Provide For Licensing Of Mortgage Lenders And Mortgage Brokers, J. Antonio Delcampo Sep 1993

Banking And Finance Financial Institutions: Provide For Licensing Of Mortgage Lenders And Mortgage Brokers, J. Antonio Delcampo

Georgia State University Law Review

The Act sets forth guidelines for the licensing and regulation of mortgage brokers and mortgage bankers by the state Department of Banking and Finance (Department). The Act calls for the Department to investigate mortgage companies and individual bankers applying for licenses and to review their lending practices before renewing licenses. A person convicted of violating the Act is guilty of a misdemeanor punishable by imprisonment for less than a year, by a fine not exceeding $1000, or by both.


Penal Institutions Sentence And Punishment: Provide For The Imposition Of Life Without Parole, Joanne D. Spotts Sep 1993

Penal Institutions Sentence And Punishment: Provide For The Imposition Of Life Without Parole, Joanne D. Spotts

Georgia State University Law Review

The Act provides for the imposition of a sentence of life imprisonment without parole on a defendant convicted of murder where the fact-finder (judge or jury) has found one or more statutory aggravating circumstances. Imprisonment for life without parole means that the defendant shall be incarcerated for what remains of his natural life without eligibility of parole.


Penal Institutions General Provisions: Provide For Victim Notification By The Commissioner Of Corrections, Janice D. Ward Sep 1993

Penal Institutions General Provisions: Provide For Victim Notification By The Commissioner Of Corrections, Janice D. Ward

Georgia State University Law Review

The Act requires the Commissioner of Corrections to make a good faith effort to notify victims of crimes against the person of a change in the custodial status of the offender who victimized them. Victims who wish to be notified have the responsibility of keeping the Commissioner apprised of their current address. Six months after the effective date of an appropriations act containing a specific appropriation to fund the provisions of the Act.


Property Mortgages, Liens, And Security: Provide For Notice Of Lien Rights To Owners Of Real Property, Contractors, And Providers Of Labor, Services Or Materials, Katharyne C. Johnson Sep 1993

Property Mortgages, Liens, And Security: Provide For Notice Of Lien Rights To Owners Of Real Property, Contractors, And Providers Of Labor, Services Or Materials, Katharyne C. Johnson

Georgia State University Law Review

The Act provides that owners or contractors of real property must provide written notice of the identities of the property owner, the contractor, and any surety or construction lender for a construction project to persons who are not in privity of contract with the project contractor and who provide labor, services, or materials for the improvement of the property. Such written notice must also be filed with the clerk of the superior court of the county in which the project is located. The Act further provides that a person who supplies labor, services, or materials for the improvement of real ...


Domestic Relations Parent And Child Relationship Generally: Revise Provisions Related To Determination Of Paternity, Nicki Noel Vaughan Sep 1993

Domestic Relations Parent And Child Relationship Generally: Revise Provisions Related To Determination Of Paternity, Nicki Noel Vaughan

Georgia State University Law Review

The Act provides for a rebuttable presumption of paternity for a child born out of wedlock where scientifically credible genetic testing established at least a ninety-seven percent probability of paternity. The Act lists parentage-determination testing methods.


Revenue And Taxation Income Taxes: Provide Provisions Regarding Treatment By Corporations Of Foreign Dividends, Job Tax Credits, Withholding Taxes On Distributions From Partnerships, Withholding Taxes On Transfers Of Real Property By Nonresidents, And Computer Software Ad Valorem Tax, Maria Friedman Sep 1993

Revenue And Taxation Income Taxes: Provide Provisions Regarding Treatment By Corporations Of Foreign Dividends, Job Tax Credits, Withholding Taxes On Distributions From Partnerships, Withholding Taxes On Transfers Of Real Property By Nonresidents, And Computer Software Ad Valorem Tax, Maria Friedman

Georgia State University Law Review

HB 536 clarifies which dividends received from foreign sources a corporation may deduct from its net income and creates a job tax credit program for jobs created in less developed areas. HB 384 creates a withholding tax equal to four percent of the distributions made from partnerships, S corporations, and limited liability companies that do business in Georgia to nonresident members. HB 385 creates a withholding tax on transfers of real property from nonresidents to residents. HB 350 changes the list of intangible personal property subject to ad valorem taxation to include computer software.


Commerce And Trade Brokerage Relationships In Real Estate Transactions: Provide Codification Of The Relationships Between Real Estate Brokers And Consumers Of Brokerage Services, Pamela G. Sullivan Sep 1993

Commerce And Trade Brokerage Relationships In Real Estate Transactions: Provide Codification Of The Relationships Between Real Estate Brokers And Consumers Of Brokerage Services, Pamela G. Sullivan

Georgia State University Law Review

The Act defines the legal relationship between a real estate broker and other parties to a real estate transaction, and establishes the duties and responsibilities in those relationships. The Provisions of the Act may serve as a basis for a defense or a private right of action by real estate brokers, sellers, buyers, landlords, and tenants.


Revenue And Taxation General Provisions: Develop Taxpayer Bill Of Rights, Susan J. Swinson Sep 1993

Revenue And Taxation General Provisions: Develop Taxpayer Bill Of Rights, Susan J. Swinson

Georgia State University Law Review

The Act requires the Commissioner of Revenue to develop a statement describing, in simple language, taxpayer rights, procedures for enforcing those rights, and notifications that the taxpayer will receive courteous and responsive service. The Act further provides for distribution of the statement.


Table Of Georgia Code Sections Affected, Georgia State University Law Review Sep 1993

Table Of Georgia Code Sections Affected, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Corporations, Partnerships, And Associations Business Corporations: Modify Or Add Certain Definitions And Procedures Relating To Corporations, Pamela G. Sullivan Sep 1993

Corporations, Partnerships, And Associations Business Corporations: Modify Or Add Certain Definitions And Procedures Relating To Corporations, Pamela G. Sullivan

Georgia State University Law Review

The Act consists primarily of technical revisions to existing law, but includes several changes which are of general interest. The amended statute now allows a written facsimile or other copy of a proxy in place of the original, gives chief executive officers (CEOs) the authority to take all actions not requiring board approval and clarifies voting rules for mergers. In addition, the Act changes the provisions relating to publication of notices of intent to file articles of incorporation, clarifies preemptive rights issues, and deletes from the savings provision the section regarding claims against a corporation in dissolution.


Crimes And Offenses Crimes Against The Person: Prohibit Stalking Of An Intended Victim, Peggy Ochandarena Sep 1993

Crimes And Offenses Crimes Against The Person: Prohibit Stalking Of An Intended Victim, Peggy Ochandarena

Georgia State University Law Review

The Act provides for the crimes of stalking and aggravated assault by defining important terms and providing penalties. Victims are entitled to notice of the offender's release if the victim provides specified information to officials to facilitate that notice. Constitutionally protected behavior and legitimate business activities are excluded. Persons charged with stalking or aggravated assault are entitled to pretrial release, but a released offender may have several conditions, outlined in the Act, attached to the release order. The Act amends the definition of family violence to include stalking and aggravated assault.


Domestic Relations Family Violence: Provide For State-Wide Enforcement Of Protective Orders, Peggy Ochandarena Sep 1993

Domestic Relations Family Violence: Provide For State-Wide Enforcement Of Protective Orders, Peggy Ochandarena

Georgia State University Law Review

The Act provides for the mandatory state-wide enforcement of protective orders and consent agreements issued by a judge to prevent family violence.


Professions And Businesses Patient Self-Referral: Prohibit Referral Of Patients By Health Care Providers To Entities In Which The Provider Holds An Investment Interest, Robert W. Griner Sep 1993

Professions And Businesses Patient Self-Referral: Prohibit Referral Of Patients By Health Care Providers To Entities In Which The Provider Holds An Investment Interest, Robert W. Griner

Georgia State University Law Review

The Act prohibits a health care provider from referring a patient to an entity providing health care services when the referring provider holds an investment interest in that entity. A transition period extending until July 1, 1996 is provided for those investment interests acquired prior to July 1. 1993. During this time, an otherwise prohibited referral may be made if specified disclosures are made to the patient. After July 1, 1996, a referral is prohibited unless there is demonstrated community need for the entity and other investment and referral criteria are satisfied.


Torts Wrongful Death: Designate Guardian For Children In Wrongful Death Recoveries, Robert W. Griner Sep 1993

Torts Wrongful Death: Designate Guardian For Children In Wrongful Death Recoveries, Robert W. Griner

Georgia State University Law Review

This Act designates who controls wrongful death recoveries intended to benefit a surviving child. For awards less than $15,000, the natural guardian shall hold and use the money for the benefit of the child. A guardian of the property shall be appointed to hold and use awards of $15,000 or more to benefit the child.


Commercial Code Leases: Provide Regulations Relating To Leases Of Goods, Sarah B. King Sep 1993

Commercial Code Leases: Provide Regulations Relating To Leases Of Goods, Sarah B. King

Georgia State University Law Review

The Act amends Georgia's Commercial Code to add a new Article 2A, designed to uniformly and comprehensively address the legal issues raised by leasing transactions in goods. This addition to Georgia's Commercial Code follows Article 2A of the Uniform Commercial Code as amended in 1990.


Labor And Industrial Relations General Provisions: Provide Immunity To Health Care And Child Care Institutions For Good Faith Disclosure Of Job Performance Information, Susan J. Swinson Sep 1993

Labor And Industrial Relations General Provisions: Provide Immunity To Health Care And Child Care Institutions For Good Faith Disclosure Of Job Performance Information, Susan J. Swinson

Georgia State University Law Review

The Act allows current and former employers - health care institutions, schools, and child care institutions- to disclose negative job performance information to prospective employers, without fear of civil liability to an employee unless the employee can prove bad faith.


Domestic Relations Parent And Child Relationship Generally: Establish New Protocols For Child Abuse Investigations, Deprivations, And Access To Records; Establish Battered Spouse And Child Defenses, Virginia Ann Johnson Sep 1993

Domestic Relations Parent And Child Relationship Generally: Establish New Protocols For Child Abuse Investigations, Deprivations, And Access To Records; Establish Battered Spouse And Child Defenses, Virginia Ann Johnson

Georgia State University Law Review

These Acts are a comprehensive reform to existing child abuse legislation. The Acts provide for law enforcement involvement in child abuse investigations, require each county to reform a child abuse committee and a child fatality subcommittee, and allow access to child abuse reports by child abuse committees, law enforcement personnel, school counselors, medical examiners, and certain state officials. They also require court approval to return a deprived child to his parents, and they establish a battered spouse or child defense.


Property Commercial Real Estate Broker Lien Act: Provide For Civil Actions To Enforce Liens Of Commercial Real Estate Brokers, Glenn D. Baker Sep 1993

Property Commercial Real Estate Broker Lien Act: Provide For Civil Actions To Enforce Liens Of Commercial Real Estate Brokers, Glenn D. Baker

Georgia State University Law Review

The Act authorizes commercial real estate brokers to execute liens on commercial real estate arising out of a listing or any other agreement for the management, sale, or lease of commercial real estate. The Act permits real estate brokers to commence civil actions to enforce such liens and provides for the attachment of liens, the recording of claims for the liens, and the method for providing notice of the liens. The Act provides for escrow accounts in connection with claims for liens, for pleadings relating to these matters, and for release or extinguishment of such liens.


Motor Vehicles And Traffic; Penal Institutions Driver's Licenses, Probation: Modify Procedures And Penalties Relating To Driving Under The Influence Of Drugs Or Alcohol, Howard B. Jackson Sep 1993

Motor Vehicles And Traffic; Penal Institutions Driver's Licenses, Probation: Modify Procedures And Penalties Relating To Driving Under The Influence Of Drugs Or Alcohol, Howard B. Jackson

Georgia State University Law Review

SB 28 authorizes courts to require the installation of ignition interlock devices as a condition of probation for persons convicted of drunk driving twice within a five year period. HB 24 requires habitual violators and persons whose licenses have been suspended for DUI offenses to complete A DUI Alcohol or Drug Use Risk Reduction Program before receiving a new driver's license.


Torts General Provisions: Provide Immunity To Dental Students, James R. Westbury Jr. Sep 1993

Torts General Provisions: Provide Immunity To Dental Students, James R. Westbury Jr.

Georgia State University Law Review

The Act immunizes dental students from tort liability for acts or omissions in providing dental treatment as part of their academic curriculum. Medical facilities, academic institutions, and dentists overseeing the work of the dental treatment are not provided immunity. The Act exempts willful of wanton conduct from the immunity.


Torts General Provisions: Provide Immunity To Physicians Providing Uncompensated Services To Nonprofessional Athletes, James R. Westbury Jr. Sep 1993

Torts General Provisions: Provide Immunity To Physicians Providing Uncompensated Services To Nonprofessional Athletes, James R. Westbury Jr.

Georgia State University Law Review

The Act immunizes licensed physicians from civil liability for acts or omissions committed while providing physical examinations or serving as team doctors on a voluntary basis to amateur or nonprofessional athletes. Physicians guilty of willful of wanton acts or omissions do not receive immunity.


Criminal Procedure Sentencing And Punishment: Permit Judicial Consideration Of Certain Evidence And Testimony In Cases Where The Death Penalty May Be Imposed, Katharyne C. Johnson Sep 1993

Criminal Procedure Sentencing And Punishment: Permit Judicial Consideration Of Certain Evidence And Testimony In Cases Where The Death Penalty May Be Imposed, Katharyne C. Johnson

Georgia State University Law Review

The Act amends Georgia law relating to the admissibility of victim impact evidence to include those cases in which life imprisonment or the death penalty may be imposed. The Act provides procedures for the introduction of evidence which demonstrates the emotional impact of the defendant's crime upon the victim, the victim's family, and the community. The evidence may be offered through the testimony of the victim, if living, or by a family member or other witness with personal knowledge of the characteristics of the victim and the emotional impact of the crime on the victim's family. The ...


Penal Institutions Jails: Prohibit Delivering Drugs, Alcohol, Or Weapons To Inmates, Marlo Orlin Leach Sep 1993

Penal Institutions Jails: Prohibit Delivering Drugs, Alcohol, Or Weapons To Inmates, Marlo Orlin Leach

Georgia State University Law Review

HB 29 makes it a felony to enter a jail and provide an inmate with an alcoholic beverage, controlled substance, dangerous drug, marijuana, gun, pistol, or dangerous weapon without prior consent of the sheriff, a sheriff's representative, or a detention facility administrator or its representative.


Property Acquisition And Loss Of Property: Allow Automatic Renewal Of Covenants Running With The Land, Marlo Orlin Leach Sep 1993

Property Acquisition And Loss Of Property: Allow Automatic Renewal Of Covenants Running With The Land, Marlo Orlin Leach

Georgia State University Law Review

The Act provides that covenants that run with the land shall be automatically renewed every twenty years unless fifty-one percent of the landowners affected terminate the covenant.


Local Government General Provisions: Provide A Program Of State Grants Available To Local Governments In Assessing Potential Consolidation And Provide Methods Of Determining Which Municipalities Are Inactive And Terminating Inactive Municipalities, Melissa Lee Himes Sep 1993

Local Government General Provisions: Provide A Program Of State Grants Available To Local Governments In Assessing Potential Consolidation And Provide Methods Of Determining Which Municipalities Are Inactive And Terminating Inactive Municipalities, Melissa Lee Himes

Georgia State University Law Review

HB 83 provides a program of state grants to be available to local governments interested in assessing the need for and desirability of consolidation of local government units and service delivery programs. It further provides for the availability of state grants for the purpose of planning and implementing consolidation should it be determined such consolidation is desired. HB 84 provides for a method of determining those Georgia municipalities to be declared inactive for failing to meet the minimum standards set forth. It further provides the method for terminating those municipal corporations deemed inactive under the Act.


Conservation And Natural Resources Water Resources: Provide The Georgia Board Of Natural Resources The Power To Regulate Land Application Of Sewage Sludge And Provide The County In Which Sludge Is Applied The Power To Assess Monitoring Fees, Michael Paul Stevens Sep 1993

Conservation And Natural Resources Water Resources: Provide The Georgia Board Of Natural Resources The Power To Regulate Land Application Of Sewage Sludge And Provide The County In Which Sludge Is Applied The Power To Assess Monitoring Fees, Michael Paul Stevens

Georgia State University Law Review

The Act gives the Board of Natural Resources the power to adopt technical regulations for the land application of sewage sludge. Anyone wishing to apply sludge to land must obtain permission from the Director of the Georgia Environmental Protection Division (EPD). The local governing authority where the land application site is located may assess fees for third party monitoring of the site and may enjoin land application if the fees are not paid. Violators of the Act are subject to civil and criminal penalties.


Property Historic Preservation: Prohibit Power Of Eminent Domain From Creating, Altering, Or Affecting Conservation Easements, Michael Paul Stevens Sep 1993

Property Historic Preservation: Prohibit Power Of Eminent Domain From Creating, Altering, Or Affecting Conservation Easements, Michael Paul Stevens

Georgia State University Law Review

The Act changes how conservation easements may be created, altered or affected. Under the Act, conservation easements may not be created or expanded, but may be otherwise altered or affected by exercise of the power of eminent domain.