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Full-Text Articles in Law
Crimes And Offenses Street Gang Terrorism And Prevention: Enact The Georgia Street Gangs Act Of 1998; Change Provisions Relating To Designated Felonies In Juvenile Court; Provide Procedures To Appoint Additional Assistant District Attorneys; Make Acts Designed To Prevent Information About Criminal Activities From Being Reported To Law Enforcement Unlawful; Make Certain Conduct Intended To Obstruct Justice Unlawful; Provide Enhanced Penalties For Terroristic Acts And Threats Done In Retaliation For Persons Having Cooperated With Law Enforcement;, Adam P. Princenthal
Georgia State University Law Review
The Act is intended to provide law enforcement and prosecutors with new tools to combat criminal gang activity. The Act approaches the problem of gang activity from multiple fronts. The anchor of the Act is section 8, which revises the Georgia Street Gang Terrorism and Prevention Act. The new Act focuses on gang activity, rather than gang membership. This new approach is intended to produce a more effective statute, while raising fewer constitutional concerns. Other sections of the Act deal with juveniles who violate the Street Gangs Act, bail for gang-related offenses, witness intimidation laws, and victims' rights laws.
Health Healthcare For Children: Provide For A Health Insurance Program For Children Who Are Not Eligible For Medicaid Coverage, Carolyn A. Sawyer
Health Healthcare For Children: Provide For A Health Insurance Program For Children Who Are Not Eligible For Medicaid Coverage, Carolyn A. Sawyer
Georgia State University Law Review
The Act establishes the PeachCare for Kids Program, which provides health insurance coverage for children up to eighteen years of age. The Act states that PeachCare for Kids will be administered by the Georgia Department of Medical Assistance (DMA), and that the PeachCare program shall closely resemble the Medicaid Program, which is also administered by the DMA.
Social Services Public Assistance: Extending Aid To Qualified Aliens Under The "Temporary Assistance For Needy Families Act", Christine A. Sullivan
Social Services Public Assistance: Extending Aid To Qualified Aliens Under The "Temporary Assistance For Needy Families Act", Christine A. Sullivan
Georgia State University Law Review
The Act extends the amount of time qualified aliens may receive funds under the Temporary Assistance for Needy Families Act from July 1, 1998 until July 1, 1999. It provides one additional year of temporary assistance to eligible qualified aliens who have children and who arrived in the United States on or after August 22, 1996, in order that they can become self-sufficient.
Education Elementary And Secondary Education: Provide For Charter School Status; Remove Certain Limitations Regarding Advance Capital Outlay Funding For Construction Projects To Consolidate Or Reorganize Schools; Provide For Contents Of Petition Charter; Provide For Approval Of Charter Schools By Local And State School Boards; Provide For Operational Requirements Of Charter Schools; Provide For Charter Renewals; Pro Vide For Amendment And Termination Of A Charter; Establish Duties Of State Board Of Education And Local School Board With Respect To Provision Of Funds To Charter Schools; Establish An Office Of Charter School Compliance And Provide For Its Responsibilities; Provide For Continuing Validity Of Certain Charters In Effect On July 1,1998, Denise M. Kazlauskas
Georgia State University Law Review
The Act provides a means for local schools to substitute an academic and/or vocational performance-based contract, called a charter, for state and local rules, regulations, policies, and procedures governing public schools. The Act allows private individuals, private organizations, or state or local public entities to establish a local school subject to a contractual charter between the state school board, the local board of education, and the charter petitioner. The terms of the charter must be approved by both the local and state boards of education. The charter status exempts the local school from certain state and local rules, regulations, policies, …
Eminent Domain Condemnation Procedure Generally: Provide For Award Of Reasonable Expenses In Condemnation Cases; Provide For Substantial Revision Of Provisions Relating To Special Masters In Condemnation Cases; Provide For Special Master Panels; Provide For Powers, Duties, And Procedures; Change Provisions Relating To Notices And Advertisements Regarding Acquisition Of Property For Transportation Purposes; Change Provisions Relating To Interlocutory Hearings Regarding Adequate Compensation, Glen R. Fagan
Georgia State University Law Review
The Act impacts the three statutorily defined methods of condemnation proceedings previously established by Georgia law. The three condemnation methods are: (1) the three assessor method; (2) the special master method; and (3) the declaration of taking method.' In condemnation proceedings over which assessors preside, the Act establishes minimal qualifications for assessors, limits the assessors' costs, and allows reasonable expenses to be awarded on appeal under certain circumstances. In condemnation proceedings before special masters, the Act provides for special master panels and allows reasonable expenses to be awarded on appeal under certain circumstances. The Act also provides for advertising procedures …
Revenue And Taxation Income Taxes: Provide For Income Tax Credits For Purchase Or Lease Of Certain New Low-Emission Vehicles Or Conversion Of Conventionally Fueled Vehicles, Patrick J. O'Connor
Revenue And Taxation Income Taxes: Provide For Income Tax Credits For Purchase Or Lease Of Certain New Low-Emission Vehicles Or Conversion Of Conventionally Fueled Vehicles, Patrick J. O'Connor
Georgia State University Law Review
The Act provides for an income tax credit to individuals and corporations who lease or purchase a new low-emission vehicle or who convert an existing conventionally fueled vehicle to a low emission vehicle on or after January 1, 1998. The new or converted vehicle must be registered in an area of Georgia that has not attained or maintained the National Ambient Air Quality Standard for ozone as designated by the United States Environmental Protection Agency. For the purchase or lease of a new vehicle, the tax credit is $1500. For a converted vehicle, the tax credit equals the cost of …
Judicial Sales Advertisement: Require That Properties Subject To Judicial Sale Be Listed And Advertised By Legal Description, R. Lee Tucker Jr.
Judicial Sales Advertisement: Require That Properties Subject To Judicial Sale Be Listed And Advertised By Legal Description, R. Lee Tucker Jr.
Georgia State University Law Review
The Act changes the advertising requirements for real property listed for judicial sale. The Act requires that judicial sale notices advertising the availability of real property include the legal description of the property. The Act also provides that judicial sale notices may include the street address of the property.
Criminal Procedure Trial Upon Accusation: Provide For Certain Crimes To Be Tried Upon Accusation When A Defendant Has Been Bound Over After A Finding Of Probable Cause, Alison W. Ellwanger
Criminal Procedure Trial Upon Accusation: Provide For Certain Crimes To Be Tried Upon Accusation When A Defendant Has Been Bound Over After A Finding Of Probable Cause, Alison W. Ellwanger
Georgia State University Law Review
The Act provides that certain felony and misdemeanor cases may be tried upon accusation after a probable cause hearing or after a waiver of such hearing, whether expressly or by operation of law. The crimes that may now be tried upon accusation include theft by taking, theft by receiving stolen property, theft by shoplifting, forgery and fraudulent practices, escape from custody, and other offenses related to confinement. Further, the Act provides that offenses relating to possession of firearms by convicted felons and first offenders on probation may be tried upon accusation.
Highways, Bridges, And Ferries Regulations Of Maintenance And Use: Change Provisions Relating To The Outdoor Advertising Citizens Advisory Council; Provide For A Roadside Enhancement And Beautification Council; Change Authority For The Issuance Of Permits For Trimming And Removing Trees And Vegetation Along State Rights-Of-Way; Provide For A Roadside Enhancement And Beautification Fund; Change Provisions For The Application Of Tree Trimming And Removal Permits And Renewals; Provide Penalties And Remedies For Violations; Change Provisions Relating To The Promulgation Of Rules And Regulations By The Department Of Transportation, David C. Moulds
Georgia State University Law Review
The Act establishes a twelve-person Roadside Enhancement and Beautification Council to assist the Commissioner of the Georgia Department of Transportation (DOT) in formulating policies, evaluating problems, and administering an effective roadside management program for the State of Georgia. Additionally, the Act defines the authority of the DOT Commissioner to issue trimming permits for the removal of trees and vegetation along state rights-of-way. The Act also establishes a Roadside Enhancement and Beautification Fund to promote improvement projects along Georgia's public roads. Finally, the Act establishes the requirements and procedures for application and renewal of trimming permits, the regulation of use fees, …
Civil Practice Dismissed Actions Which May Be Recommended In Federal Court: Provide A Limitation On Time To File Motion For Attorney's Fees In Dismissed Cases Arising From The Exercise Of Right Of Freedom Of Speech Or Right To Petition The Government For Redress Of Grievances; Provide For Attorney's Fees For Dismissed Cases Arising Out Of The Performance Of A Judicial Officer's Duties, Alison W. Ellwanger
Georgia State University Law Review
The Act changes the language in the Georgia Code providing for the renewal of dismissed cases. The Act also provides that motions requesting attorney's fees in cases arising out of a defendant's exercise of free speech or right to petition the government for redress of grievances must be filed within forty-five days after the final disposition of the case. Finally, the Act provides that a plaintiff is liable for all attorney's fees arising out of a successful defense for the performance of a judicial officer's official duties.
Penal Institutions Sentence And Punishment: Impose Mandatory Imprisonment Term For Serious Violent Felonies; Deny First Offender Treatment To Those Persons Committing Serious Violent Felonies, Jessica Margolis Wright
Penal Institutions Sentence And Punishment: Impose Mandatory Imprisonment Term For Serious Violent Felonies; Deny First Offender Treatment To Those Persons Committing Serious Violent Felonies, Jessica Margolis Wright
Georgia State University Law Review
The Act imposes a mandatory term of imprisonment of not less than ten years for a defendant who commits a serious violent felony. The Act further provides that no portion of the ten-year sentence may be suspended, stayed, or reduced by any form of parole or commutation. The seven serious violent felonies include murder, rape, armed robbery, kidnaping, aggravated sodomy, aggravated child molestation, and aggravated sexual battery. The Act also explicitly provides that a defendant convicted of a serious violent felony shall be ineligible for first offender treatment.
Public Utilities And Public Transportation Telephone And Telegraph Service: Prohibit Certain Telephone Solicitations To Residential Subscribers Who Have Given Notice Of Their Objection To The Public Service Commission; Provide For Legislative Findings And Definitions; Provide For Data Base Construction And Fee; Require Certain Disclosure; Provide For Confidentiality; Restrict Caller Id Blocking; Provide For Civil Action; Provide For Enforcement By The Administrator Of Consumer Affairs, Kristine G. Visage
Georgia State University Law Review
The Act prohibits telephone solicitations to residential telephone subscribers who indicate their opposition to such solicitations. Residents who do not wish to receive telephone solicitations may pay a fee to have their phone number entered into a data base. The Georgia Public Service Commission shall establish this data base and provide for its operation. Information contained in the data base will not be subject to public inspection or disclosure. The administrator of consumer affairs will provide enforcement. The Act provides for penalties in the event of noncompliance.
Insurance Insurance Generally: Prohibit Disparate Insurance Coverage Between Physical Disorders And Mental Health Disorders Under Certain Conditions, Louann Yeattes
Georgia State University Law Review
The Act provides for mental health parity under certain conditions. The Act applies to individual, small group, and large group policies; self-insured companies are exempted from the Act. In general, an employer is not required to offer mental health insurance coverage. However, if such coverage is offered, the Act provides that coverage of mental health disorders must be as extensive, provide the same degree of coverage, and provide the same annual lifetime dollar limits as coverage of physical disorders. Under the Act, separate deductibles and separate out-of-pocket limits continue to apply under small and large group health insurance plans. Additionally, …
Labor And Industrial Relations Workers' Compensation: Provide Penalties For Fraudulently Received Benefits; Provide For The Admission Of Lab Results In Administrative Law Hearings; Provide Method Of Determining Temporary Partial Benefits; Eliminate Time Restrictions On Changing Doctors Without Board Approval; Deny Compensation For Subsequent Nonwork Related Injury; Provide Assembly Intent To Codify Existing Law; Change Provisions Relating To Income Benefit Payments; Provide Reimbursement To Insurer Or Self-Insurer Under Certain Conditions; Provide Benefits For Permanent Partial Disability From Hernia Surgery; Change Provisions Relating To The Self-Insurers Guaranty Trust Fund, Meri K. Christensen
Georgia State University Law Review
The Act makes a variety of changes to Georgia's workers' compensation law. First, the Act increases the penalties to be paid by employees who fraudulently retain income benefits to which they are not entitled. The Act also amends the workers' compensation law as it applies to administrative hearings by: (1) allowing the admission of laboratory reports when accompanied by an affidavit from the laboratory, which eases the authenticity requirements, and (2) making the time requirements set forth in title 24 of the Code inapplicable to workers' compensation proceedings. Further, the Act provides for a specified means of determining temporary partial …
State Government Tort Liability Of The State And Its Political Subdivisions: Provide Exceptions To State Liability; Provide That Political Subdivisions Of The State Shall Have No Liability For Computer Errors Resulting From Failure Or Malfunction Of Computer Software Relating To Processing Of Dates And Times; Provide That The State Shall Have No Liability For Computer Errors Resulting From Failure Or Malfunction Of Computer Software Relating To Processing Of Dates And Times, R. Lee Tucker Jr.
Georgia State University Law Review
The Act grants immunity, under certain circumstances, to both the State of Georgia and to county and municipal governments for computer errors related to the processing of dates and times.
Health Women's Health: Require Insurers To Cover Chlamydia Screening Tests For Women Twenty-Nine Years Of Age Or Younger As Part Of Certain Medical Insurance, Teri Ann Forehand
Health Women's Health: Require Insurers To Cover Chlamydia Screening Tests For Women Twenty-Nine Years Of Age Or Younger As Part Of Certain Medical Insurance, Teri Ann Forehand
Georgia State University Law Review
The Act sets forth legislative findings that chlamydia causes serious complications in women, that it may cause complications for their infants, and that chlamydia may go undetected but is easily curable. The Act requires insurers authorized to issue certain individual or group accident and sickness benefit plans, contracts, or policies, and nondental contracts with managed care plans to include, as part of any such plan renewed or entered into on or after July 1, 1998, coverage for one annual chlamydia screening test for covered females twenty-nine years of age or younger. The Act provides that the Commissioner of Insurance may …
Commerce And Trade Selling And Other Trade Practices: Prohibit Nonlocal Businesses From Listing A Local Telephone Number Under Certain Circumstances; Prohibit Certain Practices Relating To Telemarketing Transactions; Provide For Civil And Criminal Penalties And For Vicarious Liability Under Certain Circumstances, Thomas J. Schramkowski
Georgia State University Law Review
The Act generally addresses deceptive and fraudulent practices involved in telemarketing transactions. It prohibits nonlocal businesses from listing a local telephone number in any nonclassified local directory without also listing their nonlocal address when calls are routinely forwarded to the nonlocal address. The Act also prohibits telemarketers from engaging in certain fraudulent practices involving credit records, the recovery of money lost in a prior telemarketing transaction, and the use of courier services to receive immediate payment. Further, the Act defines telemarketing to include charitable solicitations and prohibits the use of a courier to receive such contributions. Finally, the Act provides …
Courts Juvenile Proceedings, Parental Rights: Provide For Appointment Of Counsel Or Court Appointed Special Advocate As Guardian Ad Litem For A Minor In Deprivation Cases, William R. Joiner
Courts Juvenile Proceedings, Parental Rights: Provide For Appointment Of Counsel Or Court Appointed Special Advocate As Guardian Ad Litem For A Minor In Deprivation Cases, William R. Joiner
Georgia State University Law Review
The Act authorizes the appointment of counsel or a court appointed special advocate to act as a guardian ad litem for a minor in deprivation cases. The Act defines a court appointed special advocate as a carefully selected and trained volunteer whom a juvenile court appoints to serve as the guardian ad litem for a child in a deprivation case. The Act also neutralizes, in terms of gender, the former language of Code section 15-11-55.
Conservation And Natural Resources Water Resources: Impose Civil Penalties Upon Public Water Systems For Certain Violations; Provide For Limitation Of Liability Under The Georgia Hazardous Site Reuse And Redevelopment Act; Change Criteria For Exemption Of Certain Properly From Liability, Amy E. Major Mcgruder
Georgia State University Law Review
The Act imposes civil penalties on public water systems that violate certain provisions of the Act or negligently or intentionally fail or refuse to comply with final orders issued by the Director of the Environmental Protection Division of Georgia's Department of Natural Resources (the Director). Further, the Act defines certain terms and provides for powers and duties of the Director. The Act also changes the liability exemption criteria of certain property and sets forth limitations of liability under the Georgia Hazardous Site Reuse and Redevelopment Act. Finally, the Act provides exceptions to such exemptions.
Revenue And Taxation Income Taxes: Increase Amount Of Personal And Dependent Exemptions With Respect To Georgia Taxable Net Income; Provide For Periodic Additional Increases With Respect To Dependent Exemption Amounts; Increase Amount Of Deduction In Lieu Of Personal Exemptions With Respect To Estates Or Trusts; Increase Amount Of Deductions That Elderly Or Blind Taxpayers May Take; Change Amount Of Certain Taxable Withholding Exemption Allowances, David L. Hoffman
Georgia State University Law Review
The Act provides for changes in the income taxation of individuals by increasing both exemptions and deductions and makes prior law gender neutral. Beginning in the 1998 tax year, individuals filing a joint tax return may claim a $5400 exemption, while an individual filing separately may claim a $2700 exemption. Further, an individual may claim a $2700 exemption for each dependent until the 2003 tax year when the dependent exemption increases to $3000. In lieu of the personal exemption, an individual may claim an exemption of $2700 for an estate and $1350 for a trust. Further, the Act increases to …
Courts Juvenile Proceedings, Parental Rights: Provide Guidance For Family Reunification, Termination Of Parental Rights, And Permanent Placement Of Children Removed From The Home, W. Marshall Sanders
Courts Juvenile Proceedings, Parental Rights: Provide Guidance For Family Reunification, Termination Of Parental Rights, And Permanent Placement Of Children Removed From The Home, W. Marshall Sanders
Georgia State University Law Review
The Act brings state law into compliance with federal guidelines and qualifies the state for funding under the federal Adoption and Safe Families Act of 1997. It establishes that the safety and welfare of a child is the paramount consideration in a court's decision to remove a child from an allegedly abusive or neglectful parent. The Act identifies certain aggravated circumstances under which a court may remove a child from the home without the need for a finding of reasonable efforts by the Georgia Department of Human Resources to reunify the family. It encourages courts and government agencies to assure …
Waters Of The State, Ports, And Watecrafts Registration, Operation, And Sale Of Watercraft: Enact Certain Provisions Relating To Persons Convicted Of Operating A Moving Vessel, Moving Water Skis, Moving Aquaplane, Moving Surfboard, Or Personal Watercraft While Under The Influence Of Alcohol Or Drugs; Provide For Zero Tolerance For Use Of Drugs And Alcohol By Persons Under The Age Of Twenty-One; Provide For A Cause Of Action For Child Endangerment; Provide For Suspension Of Boating Privileges, William E. Porter
Georgia State University Law Review
The Act amends the Georgia Registration, Operation, and Sale of Watercraft Act by (1) making it an offense for a person under the age of twenty-one to operate a vessel with a blood alcohol content of 0.02 grams or more and (2) creating a separate offense of child endangerment when any person operates a vessel under the influence of alcohol or drugs when a person under the age of fourteen is present. Additionally, the Act provides mechanisms for suspending the boating privileges of persons who violate the Act.