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Full-Text Articles in Law
Sb 323 - State Printing And Documents, M. Adam Kaye Jr., Kaitlyn Pettet
Sb 323 - State Printing And Documents, M. Adam Kaye Jr., Kaitlyn Pettet
Georgia State University Law Review
The Act exempts economic development project documents, maintained by any state government agency, from public disclosure until the project is secured by binding commitment. The Act also allows any state university’s athletic department ninety days to return open records requests.
Hb 727 - Regulation Of Fireworks, Tim Henshaw, Max Perwich
Hb 727 - Regulation Of Fireworks, Tim Henshaw, Max Perwich
Georgia State University Law Review
HB 727 establishes provisions to allow local governments to restrict the usage of fireworks. It also changes regulations for the following: the sale and use of fireworks, temporary consumer fireworks sales stands, fire department requirements, firefighter qualifications, pyrotechnics exhibits, consumer fireworks distributor licenses, fireworks contraband, limitations on the timing of firework detonations, and illegal sales of fireworks. HB 727 revises provisions regarding the lawful use and ignition of fireworks and prohibits the following: use of fireworks near any public transportation routes, ignition of fireworks under the influence of alcohol or drugs, sale of fireworks to any person under 18 years …
Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford
Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford
Georgia State University Law Review
The Act expands the jurisdiction of the Georgia Court of Appeals and increases the number of Supreme Court Justices from seven to nine to alleviate the overly burdened Supreme Court of Georgia. The Supreme Court had exclusive appellate jurisdiction over cases involving title to land, wills, and divorce. The Act allows the Court of Appeals to hear appeals on these matters.
Hb 859 - Offenses Against Public Order And Safety, David Hsu, Jessica Weekley Truelove
Hb 859 - Offenses Against Public Order And Safety, David Hsu, Jessica Weekley Truelove
Georgia State University Law Review
The Act would have allowed legal possession of a concealed firearm for individuals with a Georgia Weapons Carry License on property owned or leased by a technical school, college, or university.
Sb 331 - Parent And Child Relationship Generally, Corbin Aiken, Karen Lowell
Sb 331 - Parent And Child Relationship Generally, Corbin Aiken, Karen Lowell
Georgia State University Law Review
The Act amends provisions of Georgia’s domestic relations statutes to allow a court to deny a biological father’s legitimation petition or to terminate his parental rights when there is clear and convincing evidence that the child was conceived as a result of rape. If the court denies the biological father’s legitimation petition, the child is still capable of inheriting from the father, but the father is not capable of benefiting from the child.
Sb 367 - Comprehensive Reform For Offenders Entering, Proceeding Through, And Leaving The Criminal Justice System, W. Sean Mcphillip, Andrew A. Palmer, Oren Snir
Sb 367 - Comprehensive Reform For Offenders Entering, Proceeding Through, And Leaving The Criminal Justice System, W. Sean Mcphillip, Andrew A. Palmer, Oren Snir
Georgia State University Law Review
The Act provides comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system. It expands accountability courts and pretrial intervention and diversion programs. The Act provides for students incarcerated in Department of Corrections facilities or incarcerated or committed to Department of Juvenile Justice facilities to receive educational services through a state charter school. It also revises matters and procedures related to school discipline and the regaining of driving privileges for those convicted of certain crimes. In addition, the Act clarifies the responsibilities of, and provides for reorganization within, the Board of Community Supervision and Department of Community …
Hb 801 - Postsecondary Education: Hope Scholarship, S. Umarah Ali, Sakinah N. Jones
Hb 801 - Postsecondary Education: Hope Scholarship, S. Umarah Ali, Sakinah N. Jones
Georgia State University Law Review
The Act amends provisions of the HOPE scholarship by allowing students who choose to take more rigorous courses to have a weighted grade point average for the evaluation of their HOPE scholarship disbursement.
Hb 768 - Georgia Achieving A Better Life Experience (Able), Amy Patterson, Melissa Sprinkle
Hb 768 - Georgia Achieving A Better Life Experience (Able), Amy Patterson, Melissa Sprinkle
Georgia State University Law Review
The Act creates a tax-exempt savings account program for persons with disabilities in order to help them live independently. It creates an ABLE Program Corporation whose board is authorized to implement and administer the program.
Hb 362 & Hb 588 - Controlled Substances, William Fawcett, April Meeks
Hb 362 & Hb 588 - Controlled Substances, William Fawcett, April Meeks
Georgia State University Law Review
The Act mandates the installation of real-time electronic tracking systems in all pharmacies that sell products containing ephedrine and pseudoephedrine, which are ingredients used in the manufacture of methamphetamine. When customers attempt to purchase more than the maximum amount of these products, the tracking system blocks the sale by issuing a stop sale alert.
Hb 513 - Civil Practice Act: Anti-Slapp, Pierre-Joseph Noebes, Rachel Reed
Hb 513 - Civil Practice Act: Anti-Slapp, Pierre-Joseph Noebes, Rachel Reed
Georgia State University Law Review
The Act amends Georgia’s anti-SLAPP statute to expand its coverage from protecting the right to petition to also include protecting the right of free speech in connection with an issue of public interest or concern. Claims brought against those involved in such activities shall be subject to a motion to strike, unless the court determines that the non-moving party has established a probability that the claimant can prevail on the merits. If the moving party succeeds on a motion to strike,the court will award the party attorney’s fees and costs associated with the motion. Any order granting or denying a …
Hb 757 - Public Lawsuits: Protect Religious Freedoms, Phillip Kuck, William Cody Newsome
Hb 757 - Public Lawsuits: Protect Religious Freedoms, Phillip Kuck, William Cody Newsome
Georgia State University Law Review
The Act purported to protect the free exercise of religion for religious officials and institutions. Religious officials would not be required to perform marriage ceremonies in violation of their legal right to free exercise of religion. Moreover, faith based organizations would have been permitted to deny employment to individuals whose religious beliefs, or lack thereof, are not in accord with the organization. The Act would have further provided that no business may be required, by legislation, to operate on Saturday or Sunday and that sovereign immunity is waived under certain circumstances.
Sb 255 - Garnishment Proceedings, Amy Bement, Kianna Hawkins, Elizabeth Wedegis
Sb 255 - Garnishment Proceedings, Amy Bement, Kianna Hawkins, Elizabeth Wedegis
Georgia State University Law Review
The Act reorganizes and modernizes Georgia’s garnishment code by requiring notice of garnishment exemptions to debtors, providing a process for the resolution of exemption claims, limiting the garnishment period for financial accounts to twenty four hours, requiring service of garnishment summons to be performed upon a registered agent of a corporation, and mandating the use of the forms provided in the Act.
Hb 941 - Pretrial Proceedings, Majda Muhic, Kirstin Rodrigues
Hb 941 - Pretrial Proceedings, Majda Muhic, Kirstin Rodrigues
Georgia State University Law Review
The Act changes the grand jury proceedings for police officers charged with committing a crime in the course of performing their official duties. Prior to the Act, Georgia police officers were permitted to be present for the entire duration of grand jury proceedings, hear all of the evidence presented against them, and then testify to the grand jury at the end of the proceedings without being subject to cross examination. Grand jury hearings produced no records, so interested parties had no opportunity to find out what transpired in the proceedings. After the passage of the Act, police officers retain the …
Labor And Industrial Relations Employment Security, Georgia State University Law Review
Labor And Industrial Relations Employment Security, Georgia State University Law Review
Georgia State University Law Review
The primary goal of this bill was to provide tax relief and create jobs while also encouraging investors to support local business development. The bill sought to accomplish this goal by giving employers a credit against contributions if they hired persons who were receiving unemployment benefits and by providing income tax credits to investors.
Motor Vehicles And Traffic Uniform Rules Of The Road, Georgia State University Law Review
Motor Vehicles And Traffic Uniform Rules Of The Road, Georgia State University Law Review
Georgia State University Law Review
The Act prohibits all drivers from using text-based communications while operating a motor vehicle on any public highway in the state. The Act provides for acceptable text-based communications for public safety workers and similarly situated individuals, as well as for all drivers in certain circumstances. A violator of the Act’s provisions is subject to a fine of $150 and an assessment of one point on the violator’s driver’s license. The Act prohibits any driver under the age of eighteen who has an instruction permit or Class D license from using a cellular phone while operating a motor vehicle. It provides …
Crimes And Offenses Sexual Offenses, Georgia State University Law Review
Crimes And Offenses Sexual Offenses, Georgia State University Law Review
Georgia State University Law Review
The purpose of this Act is to revise Georgia sex offender laws to promote the isolation of dangerous sexual predators from the public and ensure that they are adequately monitored in a manner that is constitutional. The key focus of the Act is to ensure the law properly directs resources towards protecting society from the sex offenders who pose the greatest threat to others by truly isolating the dangerous sexual predator. The Act narrows some of the previous statutory reporting requirements for sex offenders and aims to lessen some of these requirements by providing for certain exceptions. Additionally, the Act …
Crimes And Offenses Offenses Against Public Safety And Order, Georgia State University Law Review
Crimes And Offenses Offenses Against Public Safety And Order, Georgia State University Law Review
Georgia State University Law Review
The Act clarifies current law relating to where weapons may be carried or possessed. It defines the offense of carrying a weapon without a valid license. The Act changes provisions relating to the carrying of weapons onto private property, public property, and campus grounds. It also provides for uniform security features of weapons carry licenses issued on or after January 1, 2012.
Crimes And Offenses Offenses Against Public Health And Morals, Georgia State University Law Review
Crimes And Offenses Offenses Against Public Health And Morals, Georgia State University Law Review
Georgia State University Law Review
The bill would have prohibited an abortion provider from performing an abortion: with the intent to prevent a child from being born based on the color, race, or gender of the unborn child; when the abortion provider knows that the mother is seeking the abortion based on the color, race, or gender of the unborn child; or when the abortion provider knows that the mother was unlawfully coerced into having the abortion. A violator of the bill’s provisions would have been subject to criminal and civil penalties.
2010 Table Of Georgia Code Sections Affected, Georgia State University Law Review
2010 Table Of Georgia Code Sections Affected, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Labor And Industrial Relations Georgia Workforce Investment Board, Georgia State University Law Review
Labor And Industrial Relations Georgia Workforce Investment Board, Georgia State University Law Review
Georgia State University Law Review
The Act creates the Georgia Workforce Investment Board. The Act provides for the members who will compose the Board, the allocation of funding for the Board, and the powers and duties of the Board. The Act also provides that the Board is established to implement the state workforce development policy, as directed by the Governor.
Criminal Procedure Crime Victims' Bill Of Rights, Georgia State University Law Review
Criminal Procedure Crime Victims' Bill Of Rights, Georgia State University Law Review
Georgia State University Law Review
The Act provides for crime victims’ rights in Georgia and creates substantive mechanisms for directing agencies to carry out these victim’s rights. These include the right to be present and heard in the sentencing phase of a criminal proceeding against the accused, including proceedings in juvenile court. The Act also provides that victims must be notified regarding the disposition of criminal proceedings or the status of the accused, such as release or escape, and requires the prosecuting attorney or the corrections department to provide such notice. Judges are also required to make a finding in every case as to whether …
Conservation And Natural Resources Water Resources, Georgia State University Law Review
Conservation And Natural Resources Water Resources, Georgia State University Law Review
Georgia State University Law Review
The Act encourages state departments to examine their water conservation practices; standardizes leak reporting by public water utilities; requires submetering of multifamily, commercial, and industrial construction beginning July 1, 2012; requires high efficiency toilets, urinals, and fixtures in new construction beginning July 1, 2012; provides for the tracking of unused water withdrawal permits for agriculture purposes and establishes a process for those permits to revert back to the state; and restricts outdoor watering to between the hours of 4 p.m. and 10 p.m. so as to avoid evaporative loss and waste during the hottest hours of the day.
2010 House And Senate Bill Index, Georgia State University Law Review
2010 House And Senate Bill Index, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Evidence Evidence, Georgia State University Law Review
Evidence Evidence, Georgia State University Law Review
Georgia State University Law Review
The bill would have adopted the Federal Rules of Evidence, reorganized Georgia evidentiary rules where not displaced by the Federal Rules, and made other necessary corrections to the Code to incorporate the new structure of the evidence Code.
Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food, Georgia State University Law Review
Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food, Georgia State University Law Review
Georgia State University Law Review
The Act requires food processors to maintain food safety plans and conduct tests on their food products before sending them into commerce and allows the Commissioner of Agriculture to define what standards the food safety plans need to comply with. The Act provides for civil and criminal penalties for violating the Act. Specifically, if the company does not file a food processing plan, the company will be exposed to a $5,000 fine. If the company intentionally fails to report a written food safety plan to the Department of Agriculture, the company will be exposed to a $7,500 fine. The Act …
Insurance Individual Health Insurance Coverage, Georgia State University Law Review
Insurance Individual Health Insurance Coverage, Georgia State University Law Review
Georgia State University Law Review
The bill would have allowed insurers authorized to transact business in Georgia to offer Georgians individual accident and sickness policies that are approved for issuance in other states. The bill would have required that the out-of-state policies contain disclosures notifying consumers that the policies may be governed by the laws of other states and that the benefits may be different from other policies the consumer could have purchased. The sale of the out-of-state policies would have first been approved by the Georgia Commissioner of Insurance, and the Commissioner would also have had to adopt rules and regulations to implement the …
Highways, Bridges, And Ferries Department Of Transportation: Amend Title 32 Relating To Highways, Bridges, And Ferries, So As To Provide For A Division And A Director Of Planning; Provide For The Development Of Transportation Plans For The State; Specify Certain Duties For The Commissioner Of Transportation; Specify Certain Duties For The State Transportation Board; Provide For An Organizational Structure Within The Department; Provide A Timetable For Completion And Reporting Of Transportation Plans; Provide For Investment Policies To Guide Transportation Planning; Provide For The Appointment Of The Director Of Planning; Provide For Identifying And Constructing Projects With Private Investment; Provide For Priority Of Expenditures; Provide For The Development Of Allocation Formulas For Available Funding; Amend Article 2 Of Chapter 32 Of Title 50, Relating To The Jurisdiction Of The Georgia Regional Transportation Authority, So As To Remove A Planning Function Of The Authority; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Kris Alderman, Erin Elwood, Crystal D. Filberto, Nicholas Lacis
Georgia State University Law Review
The Department of Transportation will consist of the State Transportation Board, which includes a new position, the Director of Planning. The Director of Planning will supervise the new Planning Division, which will have responsibility for developing statewide improvement programs and making strategic planning decisions. The Governor will appoint the Director, subject to approval. The Director will be required to prepare and submit a report for comments and suggestions by the House and Senate Transportation Committees and the Governor. The Director will deliver a final version of the report to the Governor, Lt. Governor, Speaker of the House, and House and …
Local Government General Provisions: Amend Chapter 80 Of Title 36 Of The Official Code Of Georgia Annotated, Related To General Provisions Applicable To Counties, Municipal Corporations, And Other Governmental Entities, So As To Prohibit Immigration Sanctuary Policies By Local Governmental Entities; Provide For Penalties; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Denise Hoying, Parker Stephens
Georgia State University Law Review
The Act prohibits local governments from becoming sanctuary cities. The Act specifically forbids local Georgia governments from adopting any legislation or policy that would prohibit their local officials or employees from cooperating with federal law enforcement in reporting any information that is not legally confidential but otherwise might be relevant to the legal or illegal status of immigrants. Any local government violator is subject to withdrawal of funding controlled or distributed by the state, and any state-controlled governing body distributing funds may require proof of compliance.
Education Elementary And Secondary Education: Amend Chapter 2 Of Title 20 Of The Official Code Of Georgia Annotated, Relating To Elementary And Secondary Education, So As To Provide The Option For Parents To Enroll Their Child In Another School Within The Local School System Or In A School In Another Local School System; Provide For Definitions; Provide For Statutory Constructions; Provide For Related Matters; Provide For An Effective Date And Applicability; Repeal Conflicting Laws; And For Other Purposes., Ellen Cusimano, Laurice Rutledge
Georgia State University Law Review
Beginning with the 2009–2010 school year this Act allows parents of students enrolled in public elementary or secondary school in the state to enroll their child in a public school in their school district other than the one the child has been assigned by the local board of education. Starting with the 2010–2011 school year, parents may request a transfer for their child to attend a public school outside of the student’s resident school district. In both circumstances parents are responsible for the cost of transportation of their child to and from the school.
Civil Practice Reform Civil Practice: Amend Article 3 Of Chapter 11 Of Title 9 Of The Official Code Of Georgia Annotated, Relating To The “Civil Practice Act,” So As To Change Provisions Relating To Civil Practice; Provide For The Appointment Of Special Masters; Provide For Authority; Provide For Orders And Reports; Provide For Procedure; Provide For Compensation; Provide For A Stay Of Discovery When A Motion To Dismiss Is Filed; Provide For Related Matters; Provide For Effective Dates And Applicability; Repeal Conflicting Laws; And For Other Purposes., Kimberly Hermann, Melissa G. Hodson
Georgia State University Law Review
This Bill provided for a “loser pays” provision that the party losing on a motion to dismiss would be assessed the prevailing party’s attorney fees. The Bill also provides for a stay of discovery when a motion to dismiss is filed to ensure that the costly discovery process would not begin until the legal merits of a complaint have been tested. This legislation was originally introduced by the Governor to reduce frivolous law suits in Georgia and provide relief to those wrongly sued.