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Full-Text Articles in Law
Eminent Domain Exercise Of Power Of Eminent Domain For Special Purposes: Provide Restrictions On Use Of Eminent Domain Power By Petroleum Pipeline Companies, Julie A. Beberman
Eminent Domain Exercise Of Power Of Eminent Domain For Special Purposes: Provide Restrictions On Use Of Eminent Domain Power By Petroleum Pipeline Companies, Julie A. Beberman
Georgia State University Law Review
The Act requires petroleum pipeline companies to notify property owners of their rights before initiating eminent domain proceedings. The petroleum pipeline companies also must comply with a two-step application and review process. The Act contains provisions for public notices and hearings. Landowners must be compensated by the petroleum pipeline companies for any damages caused by surveying activities, property taken through the eminent domain proceeding, and unreasonable impacts of the property of the landowner that is not acquired by eminent domain.
Crimes And Offenses Crimes Against The Person: Provide Two Additional Means By Which Aggravated Stalking Statute May Be Violated, Rebecca R. Crowley
Crimes And Offenses Crimes Against The Person: Provide Two Additional Means By Which Aggravated Stalking Statute May Be Violated, Rebecca R. Crowley
Georgia State University Law Review
The Act adds two new circumstances which constitute aggravated stalking. The definition of aggravated talking now includes stalking while in violation of a peach bond or a temporary protective order.
Social Services Programs And Protection For Children And Youth: Provide Opportunity For Administrative Hearing Prior To Listing Suspected Child Abusers On Registry, Vicki Lynn Bell
Georgia State University Law Review
The Act amends the statutory requirements for notice to individuals suspected of child abuse by providing, upon request, an administrative hearing prior to placing their names of the state child abuse registry maintained by the Georgia Department of Human Resources’ Division of Family and Child Services. The Act renames the child abuse registry as the “Child Protective Services Information System.” Additionally, the Act amends the definition of “child abuse” and adds a comprehensive definition of “sexual abuse.” The Act permits district attorneys to use registry information in criminal proceedings, so long as the information is otherwise admissible. Lastly, the Act …
Public Utilities And Public Transportation Telephone And Telegraph Service: Create Telecommunications And Competition Development Act Of 1995, Cecil G. Mclendon Jr.
Public Utilities And Public Transportation Telephone And Telegraph Service: Create Telecommunications And Competition Development Act Of 1995, Cecil G. Mclendon Jr.
Georgia State University Law Review
The Act establishes a regulatory framework under which competition will be phased into Georgia’s local telephone services market. In addition, the Act provides for a modification in Georgia’s area code designations and provides penalties for obtaining and disseminating a caller’s unlisted number through a telephone caller identification service.
Property Regulation Of Specialized Land Transactions: Revise Georgia Land Sales Act; Remove Georgia Real Estate Commission As Administrator, John K. Rezac
Georgia State University Law Review
The Act removes the Georgia Real Estate Commission (Commission) as administrator of the Georgia Land Sales Act (GLSA) and repeals the provision relating to fees and expenses, enforcement and sanctioning authority, and immunity of the Commission. The Act vests enforcement of the GLSA in the Attorney General or the district attorney. The Act repeals certain registration requirements of the GLSA, provides for mandatory use of the property reports in sales of subdivided land, and requires subdividers to keep business records. Furthermore, the Act changes the provisions of the GLSA pertaining to hearings and judicial review, cease and desist orders, and …
Property Landlord And Tenant: Require Landlords To Give Written Notice To Prospective Residential Tenants Of Recent Flooding Of Leased Property; Impose Tort Liability For Noncompliance, Michael R. Tippett
Georgia State University Law Review
The Act provides that an owner of real property who seeks to rent or lease that property for residential occupancy must notify the prospective tenant in writing, prior to the execution of the lease, of the property’s propensity for flooding if the property has been damaged by flooding at least three times in the five-year period preceding the date of the lease. If the owner fails to provide such notice, the owner will be liable in tort for damage to the tenant’s personal property or property of the tenant’s resident relative proximately caused by flooding occurring during the term of …
Property Mortgages, Conveyances To Secure Debts, And Liens: Provide For Shortened Reversionary Period For Secured Property; Provide For Notice To Prospective Purchaser Of Potential Nuisances By Grantor, Owner Or Agent Of Property On Or Near Agricultural Or Forestry Property, Susan M. Gordon
Georgia State University Law Review
The Act reduces the reversionary period for secured property from twenty to seven years. The expiration period remains at twenty years when the parties have expressly indicated in the conveyance an intent to create a perpetual or indefinite security interest, unless the term of the debt exceeds twenty years. In addition, the Act requires notice of acceptable land uses and potential nuisances to purchasers of property zoned or adjacent to agricultural or forestry land.
Evidence Hearsay: Provide For Admissibility Of Testimony Based On Statements By Child Witnesses, Vicki Lynn Bell
Evidence Hearsay: Provide For Admissibility Of Testimony Based On Statements By Child Witnesses, Vicki Lynn Bell
Georgia State University Law Review
The Act amends the child hearsay statute to allow adults to testify in court regarding a child’s description of certain acts performed in the child’s presence.
Revenue And Taxation Income Taxes: Hold Service Providers To Three-Factor Tax Apportionment Standard Used By Manufacturers, Brian Wiklendt
Revenue And Taxation Income Taxes: Hold Service Providers To Three-Factor Tax Apportionment Standard Used By Manufacturers, Brian Wiklendt
Georgia State University Law Review
The Act clarifies how service companies are required to report net income attributable to Georgia. Service companies must allocate their income based on a three-factor formula, which is a similar method to that which nonservice companies have been required to use. The Act allows a service company to petition the Revenue Commissioner if use of this formula does not fairly represent the company’s business activity in Georgia. Finally, the Act requires that local income taxes be apportioned in the same manner as state income taxes.
Labor And Industrial Relations Workers' Compensation: Grant Immunity To Businesses Using Services Of A Temporary Help Contracting Firm Or Employee Leasing Company, Carole E. Powell
Labor And Industrial Relations Workers' Compensation: Grant Immunity To Businesses Using Services Of A Temporary Help Contracting Firm Or Employee Leasing Company, Carole E. Powell
Georgia State University Law Review
The Act grants businesses the tort immunity provided to employers under the Workers’ Compensation Act when the business uses the services of a temporary help contracting firm or an employee leasing company. The Act provides that temporary help contracting firms and employee leasing companies are statutory employers for the purpose of workers’ compensation benefits.
Domestic Relations Adoption: Limit Recourse When Adoption Petition Is Predicated On Exception To Requiring Surrender Or Termination Of Parental Rights, Cecil G. Mclendon Jr.
Domestic Relations Adoption: Limit Recourse When Adoption Petition Is Predicated On Exception To Requiring Surrender Or Termination Of Parental Rights, Cecil G. Mclendon Jr.
Georgia State University Law Review
The Act provides a six-month time limitation on challenging adoptions. The Act also provides a six-month time limitation from the effective date of the Act for a judicial challenge of any adoption prior to the Act’s effective date.
Criminal Procedure Bonds And Recognizances: Expand Superior Court Jurisdiction Of Bail Hearings; Create Rebuttable Presumption Of Flight For Persons Accused Of Certain Violent Crimes, Claire M. Kimball
Georgia State University Law Review
The Act amends bail hearing procedures, providing that certain offenses are bailable only before a superior court judge. In addition, the Act limits when bail can be granted in cases involving certain offenses. Lastly, the Act creates a rebuttable presumption of flight for those defendants facing a second conviction for the commission of a serious violent felony.
Motor Vehicles And Traffic Drivers Licenses: Mandate Implied Consent Warnings And Applicable Intoxication Levels For Georgia Drivers; Provide For Certification Of Testing Equipment And Personnel; Provide For Taking And Admission Of Sequential Breath Samples, Claire M. Kimball
Georgia State University Law Review
The Act requires law enforcement officers to give a specific warning to drivers stopped for driving under the influence. The Act codifies different warnings for different classes of drivers on Georgia roads. Further the Act establishes certification standards for breath-testing instruments and for the personnel administering the test. Finally, the Act requires the taking of two sequential samples and conditions admissibility of the test results on the differences.
Crimes And Offenses Offenses Against Public Order And Safety: Prohibit Discharge Of A Firearm While Intoxicated; Provide For Instant Background Checks When Purchasing A Handgun; Preempt Local Regulation Of Firearms, David M. Bessho
Georgia State University Law Review
The Act makes unlawful the discharge of a firearm while under the influence of alcohol or other drugs. The Act also provides for a statewide system of instant background checks of potential handgun purchaser and preempts, with some exceptions, local regulation of firearms.
Health Hospitalization For Tuberculosis: Ensure Due Process For Persons Involuntarily Hospitalized, David M. Bessho
Health Hospitalization For Tuberculosis: Ensure Due Process For Persons Involuntarily Hospitalized, David M. Bessho
Georgia State University Law Review
The Act revises procedures for the involuntary commitment of persons with tuberculosis. Such persons must be provided a full and fair hearing in which the state must prove by clear and convincing evidence that the patient presents a substantial risk of exposing others to an imminent danger of infection. Such persons have the right to counsel, and counsel must be appointed for those unable to afford legal representation. Confinement for more than six months requires a showing that the patient still has contagious tuberculosis or that the patient is likely not to comply with treatment.
Guardian And Ward Guardian Of Minors: Provide Authority To Settle Claims Of Minors; Provide Jurisdiction To Probate Court Judges In Appointing Guardians And Temporary Guardians; Change Requirements And Procedures Relating To Appointment Of Temporary Guardians; Provide For Bonds Of Guardians Appointed By Probate Court, Doug Isenberg
Georgia State University Law Review
The Act creates the Georgia Statutory Form for Financial Power of Attorney, but provides that it shall not be the exclusive method for creating such an agency. The Act also allows that, in settling the claims of minors that do not exceed $10,000, a natural guardian need not apply to become the legally qualified guardian. The Act requires that the trial court judge approve the settlement, when appropriate. The Act creates a presence test in addition to the domiciliary test for probate court jurisdiction over minors without guardians. The Act changes the requirements and procedures relating to the appointment of …
Motor Vehicles And Traffic Uniform Rules Of The Road: Establish Proximate Causation Standards For Pursuing Law Enforcement Officers When Fleeing Suspects Injure Third Parties, Holly M. Hearn
Georgia State University Law Review
The Act specifies the conditions under which a pursuing law enforcement official can be held liable for causing or contributing to damages, injury, or death caused by a fleeing suspect. The Act establishes that the officer’s conduct will not be the proximate cause of such injuries, death, or damage unless the officer has acted with reckless disregard for proper law enforcement procedures. The Act also specifies when a suspect can be charged with a felony offense for fleeing or attempting to elude a police officer.
Revenue And Taxation Tax Sales: Create Judicial Tax Foreclosure Procedures To Aid Low Income Housing Development, Holly M. Hearn
Revenue And Taxation Tax Sales: Create Judicial Tax Foreclosure Procedures To Aid Low Income Housing Development, Holly M. Hearn
Georgia State University Law Review
The Act creates judicial in rem tax foreclosure proceedings to avoid the inefficiency and lengthiness of nonjudicial foreclosure proceedings, which commonly result in nonmarketable and uninsurable titles to real property. The Act provides procedures and standards for the filing of a petition for foreclosure, a petition hearing, notice provisions, foreclosure sale, redemption and the form of the tax deed.
Civil Practice, Courts Habeas Corpus: Amend Procedures For First Time Challenges To State Court Death Sentence Proceedings; General Provisions: Require Establishment Of Uniform Court Rules Concerning Time Periods And Schedules, John A. Creasy Jr.
Georgia State University Law Review
The Act reforms habeas corpus procedure for death penalty cases. The Act imposes time limits for both the filing of a Request for Judicial Assistance with the Council of Superior Court Judges and for the assignment of such cases to a judge. Additionally, the Act limits discovery except upon a showing of exceptional circumstances. The Act increases the number of days allowed fro service of affidavits upon opposing parties. The Act places certain limitations on the availability of habeas corpus relief. Lastly, the Act requires the Council of Superior Court Judges to establish uniform court rules for scheduling habeas corpus …
Commerce And Trade Selling And Other Trade Practices: Allow Price Controls During A State Of Emergency; Provide For Exceptions; Permit County And Municipal Authorities To Require Registration Of Certain Businesses During A State Of Emergency, John A. Creasy Jr.
Georgia State University Law Review
The Act prohibits the raising of prices on any goods or services necessary to preserve, protect, or sustain the life, health, or safety of persons or their property during a declared state of emergency. The Act allows certain exceptions for the increased cost of such goods or services to the seller. The Act also provides an exception for suppliers or installers of lumber, plywood, or lumber products. The Act allows the Administrator of the Governor’s Office of Consumer Affairs to sanction violators, but does not create new sanctions beyond those already established by Georgia’s Fair Business Practices Act. The Act …
Insurance Insurance Generally: Authorize Use Of Preexisting Conditions Exclusions Or Limitations In Group Policies Or Contracts Of Disability Income Insurance, John K. Rezac
Georgia State University Law Review
The Act permits the use of preexisting conditions exclusions in group disability income insurance policies. Specifically, the Act provides a definition of preexisting condition and prohibits the use in group disability income insurance policies of any definition that is more restrictive than the statutory standard. The Act requires policies that exclude benefits for preexisting conditions to disclose such exclusions. Finally, the Act mandates that benefits will not be denied based on a preexisting condition if the resulting disability occurs more than two years after the commencement of coverage.
Health, Mental Health Regulation And Construction Of Hospitals And Other Health Care Facilities: Expand Definition And Confidentiality Provisions Regarding Peer Review Organizations; Examination, Treatment Etc., For Mental Illness: Clarify Definition Of When Outpatient Treatment Is Necessary, Judy Lynn Poag
Georgia State University Law Review
The Act amends Georgia’s outpatient commitment law, increases protection of involuntary commitment records, and expands the definitions of “health care provider” and “review organization.” The Act also expands the confidentiality provisions that apply to review organizations.
Insurance Domestic Stock And Mutual Insurers: Create Exceptions To Prohibited Transactions For Directors And Employees; Permit Transferability Of Insurable Interests, Judy Lynn Poag
Georgia State University Law Review
The Act allows officers, directors, committee members, and employees of an insurance company to engage in transactions with the insurance company if a written request is given to the Insurance Commissioner’s office and the request is not denied. The Act also changes the law relating to a corporation’s insurable interests. If a corporation is merged, sold, or otherwise becomes part of another corporation, the new corporation may retain the former corporation’s insurable interests.
Conservation And Natural Resources Water Resources: Extend Maximum Duration Of Water Use Permits; Provide For Water Development And Conservation Plans; Preserve The Department Of Natural Resources' Right To Appeal Decisions Of Administrative Law Judges, Julie A. Beberman
Georgia State University Law Review
The Act extends the maximum duration of permits for withdrawal, diversion, or impoundment of surface waters and ground waters to fifty years. Permits for more than twenty-five years must be based on a water conservation and development plan. The Act also provides for administrative review of decisions under this title.
Health Regulation And Construction Of Hospitals And Other Health Care Facilities: Require Nursing Homes To Perform Criminal Record Checks On Applicants For Employment, Julie J. Srochi
Georgia State University Law Review
The Act provides for criminal record checks of all persons who wish to become employed by nursing home facilities. It also provides that the Georgia Crime Information Center (GCIC) is immune from liability for faulty reporting. Additionally, the Act immunizes nursing homes from liability for certain claims an employee or employment applicant may have based on a GCIC report to the nursing home facility.
Waters Of The State, Ports, And Watercraft Registration, Operation, And Sale Of Watercraft: Redefine "Vessel"; Create The Felony Crimes Of Homicide By Vessel, Feticide By Vessel, And Serious Injury By Vessel, Julie J. Srochi
Georgia State University Law Review
The Act amends the Georgia Boat Safety Act by providing a new definition of the term “vessel. Additionally, the Act designates homicide by vessel in the first and second degree, feticide by vessel in the first and second degree, and serious injury by vessel as new crimes.
Criminal Procedure Pretrial Proceedings: Provide For Transfer Of Indictments; Revise Procedures For Handling Individuals Not Competent To Stand Trial; Revise Criminal Discovery For Felonies, Keith Porterfield
Georgia State University Law Review
The Act covers three different topics: transfer of indictment, competency to stand trial, and felony discovery. The transfer of indictment section allows an indictment or accusation to be transferred from the county where it is pending to the county where the defendant was arrested, is held, or is present. The competency to stand trial section of the Act modifies the procedures for handling persons who are found not competent to stand trial. The criminal discovery section of the Act modifies several criminal discovery procedures by fine tuning the 1994 revisions to Georgia’s discovery laws.
Labor And Industrial Relations Workers' Compensation: Provide 1996 Olympic And Paralympic Volunteers With Workers' Compensation Coverage, Keith Porterfield
Labor And Industrial Relations Workers' Compensation: Provide 1996 Olympic And Paralympic Volunteers With Workers' Compensation Coverage, Keith Porterfield
Georgia State University Law Review
The Act provides that all persons who perform voluntary service for the Atlanta Committee for the Olympic Games or for the Atlanta Paralympic Organizing Committee will be considered employees of the organization for the purpose of workers’ compensation coverage.
Labor And Industrial Relations Workers' Compensation: Provide Guidelines And Limits On Number Of Corporate Exemptions; Revise Provisions Relating To Subrogation; Create A Fraud And Compliance Unit; Provide Requirements Relating To Advertising; Revise Other Miscellaneous Aspects Of Workers' Compensation System, Kimberly A. Stout
Georgia State University Law Review
The Act amends several aspects of the workers’ compensation system. First, the Act makes several changes affecting legal action under the Workers’ Compensation Act, including changes affecting employer’s subrogation liens, the admissibility of certain evidence, and required mediation. Second, the Act attempts to eliminate fraud in the area of workers’ compensation by imposing heavier penalties and by establishing a fraud and compliance unit within the Workers’ Compensation Board. Furthermore, the Act includes the Workers’ Compensation Truth in Advertising Act of 1995 to assure truthful and adequate disclosure in all advertisements relating to workers’ compensation. Finally. the Act makes numerous miscellaneous …
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Authorize Prescription Of Certain Controlled Substances And Medical Devices By Physician's Assistants, Kimberly A. Stout
Georgia State University Law Review
The Act allows physician’s assistants to prescribe certain controlled substances pursuant to authority delegated by their supervising physician. The Act establishes requirements for both the physician’s assistant and the supervising physician in prescribing controlled substances. Additionally, the Act provides that there shall be no presumption of civil or criminal liability against a pharmacist who fills a prescription issued by a physician’s assistant. Lastly, the Act requires the Composite Board of Medical Examiners to adopt certain rules and regulations consistent with the Act.