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Full-Text Articles in Law
Agriculture Sale Of Agricultural And Forest Products; Protect The Vidalia Onion Trademark; Provide For Royalty Or License Fees; Provide For The Commissioner's Powers And Duties, Aimee Stern
Georgia State University Law Review
The Act known as the Vidalia Onion Trademark Act, authorizes the Commissioner of Agriculture to create and protect a trademark for use in connection with the sale of Vidalia onions and Vidalia onion products. The Act also authorizes the Commissioner of Agricultural to impose and collect license fees or royalties for the use of the trademark.
Corporations, Partnerships, And Associations Business Corporations: Provide For The Creation Of One Or More Series Of Shares Within A Class; Provide For The Number Of Shares; Provide That All Shares Of A Series Have Identical Preferences; Provide For Exceptions; Provide For A Non-Exhaustive List Of Characteristics Of The Shares Of A Series, Aimee Stern
Georgia State University Law Review
The Act requires that all shares of a class of a Georgia corporation's stock must have identical references, limitations, and relative rights unless the class is divided into a series. The Act also permits shares within a class. In addition, the Act provides that the board of directors has authority to determine the terms and conditions of rights, options, or warrants issuable pursuant to the Code. The Act limits the transferability of rights, options, or warrants and the power of future directors to vote on redemption of certain rights. The Act also strikes out certain sections referring to the transferability …
Education Elementary And Secondary Education: Add Certain Provisions Relating To Local School Councils; Change Certain Provisions Relating To Educational Program Effectiveness Assessment Procedures; Add Certain Provisions Related To School Attendance Zone Transfers; Add Certain Provisions Related To Juvenile Court Jurisdiction Over Parents; Change Certain Provisions Related To Teacher Tenure; Add Certain Provisions Relating To The Creation And Operation Of The Education Coordinating Council And The Office Of Education Accountability, Andrew Ordyna
Georgia State University Law Review
The Act, known as the A Plus Education Reform Act of 2000, implements the most sweeping changes within the Georgia educational systems at the pre-kindergarten, elementary, and post-secondary levels since passage of the Quality Basic Education Act of 1985. Within ninety-eight sections, the Act affects areas ranging form the jurisdiction of juvenile courts within the Georgia educational system to the creation of an Educational Coordinating Council and an Office of Education Accountability. During legislative debate, some sections of the Act were more controversial than others. Due to the size of the Act, only those areas that received the most attention …
Courts Juvenile Proceedings, Parental Rights: Provide That A Physician May Retain Temporary Protective Custody Of A Child Without A Court Order And Without Parental Consent In Certain Situations; Provide A Short Title; Provide For Procedures; Provide For Authority And Duties Of The Department Of Human Resources; Provide For Immunity From Liability, Brooke Voelzke
Georgia State University Law Review
The Act, known as the Terrell Peterson Act, adds two sections to the Georgia Code. These sections allow a physician to retain temporary protective custody of a child without a court order or parental consent if the physician has reasonable cause to believe the child's life or health is in imminent danger as a result of suspected abuse or neglect.
Public Officers And Employees Insuring And Indemnification Of Public Officers And Employees; Provide Compensation For Law Enforcement Officers Who Become Temporarily Physically Disabled, Brooke Voelzke
Georgia State University Law Review
The Act adds several sections to the Georgia Code and provides a program of compensation for law enforcement officers who become temporarily physically disabled as a result of physical injury incurred in the line of duty and caused by a willful act of violence. The new Code sections also provide a program of compensation for firemen who become temporarily physically disabled as a result of a physical injury incurred in the line of duty while fighting a fire.
Courts Prosecuting Attorneys: Change Appointment, Qualifications, Classification, And Compensation Of Assistant District Attorneys; Change Provisions Relating To The Appointment Of District Attorney Investigators; Change Provisions Relating To Administrative, Clerical, And Paraprofessional Personnel Employed By District Attorneys; Provide That Nonstate Paid Personnel Employed In District Attorneys' Offices Shall Serve At The Pleasure Of The District Attorney, Brooks Morel
Georgia State University Law Review
The Act Amends various sections of the Georgia Code relating to district attorneys, and the act eliminates definitions of various terms. The Prosecuting Attorney's Council of the State of Georgia may now consider various factors when authorizing additional assistant district attorneys and district attorney investigators. The Act changes language addressing qualifications and salaries of assistant district attorneys. Additionally, the Act changes language regarding legal secretaries to include various forms of the personnel, such as administrative clerical, and paraprofessional personnel. As with assistant district attorneys and district attorney investigators, the Prosecuting Attorneys' Council of the State of Georgia may now consider …
Crimes And Offenses Crimes Against The Person: Amend Punishment For Any Person Who Commits The Offense Of Simple Battery Or Battery Against A Sports Official Of An Amateur Contest, David Brown
Georgia State University Law Review
The Act changes two sections of the Georgia Code to impose more severe penalties on individuals convicted of battery against a sports official. The Act makes battery of an amateur sports official a misdemeanor of a high and aggravated nature.
Motor Vehicles And Traffic Equipment And Inspection Of Motor Vehicles: Change Provisions Regarding Certain Trailers And Semitrailers To Permit Use Of Surge Brakes, David Brown
Georgia State University Law Review
No abstract provided.
Courts Probate Courts: Authorize State Participation In The Consortium For State Court Interpreter Certification; Allow Probate Judges To Assist In Other Probate Courts; Define Office Of Senior Judge Of The Probate Court, Buda Sherri
Georgia State University Law Review
The Act authorizes state participation in the Consortium for State Court Interpreter Certification and other multi-state programs for interpreters. The Act also authorizes probate judges to assist in other probate courts and establishes proper payment for such services. Finally, the Act defines the qualifications necessary for a former probate judge to be appointed as a senior judge of the probate court.
Insurance Charitable Gift Annuities: Define Certain Terms; Provide That A Qualified Charitable Gift Annuity Issued By A Charitable Organization Shall Not Constitute Engaging In The Business Of Insurance; Provide For Certain Disclosures And Notices; Provide For The Effects Of Failure To Provide Such Notices, John Price
Georgia State University Law Review
The Act, based on the Model Charitable Gifts Act, adds several sections to the Georgia Code to allow defined charitable institutions, including educational institutions, to raise funds through the sale of annuities without being considered to be engaging in the business of insurance. Only institutions with $300,000 in unrestricted assets that have been in continuous operation for at least three years or that are a successor or affiliate of such an organization may make use of the Act.
Local Government Community Greenspace Preservation: Create The Georgia Greenspace Commission: Establish The Georgia Greenspace Trust Fund, John Mcmahon
Georgia State University Law Review
By adding several sections to the Georgia Code relating to local government, the Act creates the Georgia Greenspace Commission and provides for its membership, powers and duties, and operations. The Act provides a flexible framework of policies, rules, and regulations through which Georgia's populous and rapidly growing cities and counties can voluntarily develop programs to preserve community green space for recreational activities and protection of natural resources. The Act also creates the Georgia Greenspace Trust Fund, provides guidelines for appropriations and contributions to the fund, and defines how grants will be disbursed to local governments for preservation of greenspace.
State Government Onegeorgia Authority: Create State Authority To Enhance Rural Development, Kimberly Ruark
State Government Onegeorgia Authority: Create State Authority To Enhance Rural Development, Kimberly Ruark
Georgia State University Law Review
The Act, establishing the OneGeorgia Authority (Authority), provides public funding for rural economic development. The Act provides for the creation of the Authority, delineating the makeup of the board and the powers of the Governor and others to appoint board members and the Director of the Authority. Primary funding, to be approved by the General Assembly each year, will be provided through the state's settlement of tobacco litigation. The Act also allows the Authority to issue bonds, not subject to the Georgia Securities Act of 1975. Funding will be used for infrastructure and other projects designed to attract business to …
State Government Department Of Administrative Services: Change Certain Provisions Relating To The Public Distribution Of Legislative Information In Electronic Format To Establish The Georgianet Division Of The Georgia Technology Authority; Change Provision Relating To The Keeping Of Records Of Applications For Licenses And Information On Licenses To Refer To The Georgianet Divisions Of The Georgia Technology Authority; Change Provision Relating To Membership In The Retirement System Of Officers And Employees Of The Georgianet Authority To Refer To The Georgia Technology Authority, Kurt Ward
Georgia State University Law Review
The Act establishes the Georgia Technology Authority (GTA), creates the GeorgiaNet Division of the GRA, and amends the number of members on the Electronic Commerce Study Committee. As a new agency, the GRA replaces and assumes the responsibilities of other agencies, committees, departments, such as the Electronic Data Processing and Printing Committee, the GeorgiaNet Authority, and the Georgia Information Technology Policy Council. The GRA also replaces the Department of Administrative Services (DOAS) as the developer and manager of Georgia's telecommunications operations. The Act further prescribes who will become GTA members and how they will be appointed. Also, the Act creates …
Insurance Essential Rural Health Care Provider Access: Remove Exemption For Health Maintenance Organizations, Laurie Jablow
Insurance Essential Rural Health Care Provider Access: Remove Exemption For Health Maintenance Organizations, Laurie Jablow
Georgia State University Law Review
The Act amends the Essential Rural Health Care Provider Access Act of 1998. The original Act was designed to enable rural health care providers to join health care benefit plans. The 1998 Act includes certain requirements that a health care plan must satisfy in order to participate. However, the original Act exempted Health Maintenance Organizations (HMOs). As amended, the Act removes the exemption and requires HMOs to satisfy the same criteria as other health care plans. The Act also adds a new Code section that allows the Human Resources Commissioner to evaluate whether an HMO has shown its willingness to …
Education Elementary And Secondary Education: Prohibit Discrimination Based On Gender In Elementary And Secondary School Athletic Programs Under The "Quality Basic Education Act;" Amend Certain Provisions Relating To Grants And Other Disbursements Of Funds By The Department Of Community Affairs, Scott Masterson
Georgia State University Law Review
The Equity in Sports Act requires that elementary and secondary schools provide equal sports opportunities for male and female students. The Act reinforces Title IX, federal legislation that prohibits discrimination based on gender in educational environments. The Act enforces existing law by creating sanctions for noncompliance, such as withholding funds from schools and prohibiting those schools from participating in postseason athletic contests.
Crimes And Offenses Offenses Involving Theft: Change Certain Sections Relating To Shoplifting As A Felony When Multiple Acts Are Committed Within One County Within Seven Days; Create Code Section That Makes It A Felony Offense To Use Receipts And/Or Upc Labels Fraudulently To Commit And Further Shoplifting, September Guy
Georgia State University Law Review
The Act affects areas of the Code that pertain to theft by defrauding retain merchants. The Act provides that when someone shoplifts property exceeding a value of $100 from three separate retail stores within one county within seven days, that persons has committed a felony. Additionally, the Act makes it a felony offense to fraudulently use retail sales receipts and Universal Product Code (UPC) labels to shoplift. The Act provides penalties for the aforementioned offenses.
Elections Elections And Primaries Generally: Require Election Superintendents To Provide Election Returns Electronically To The Secretary Of State Within A Specified Amount Of Time For All Elections Or Primaries Held Within That Precinct Beginning In The Current Year And Each Year To Follow, September Guy
Georgia State University Law Review
The Act creates a new Code section to require that, beginning in the 2000 election year, each county's superintendent of elections must electronically provide the Secretary of State, within forty-five days after the closing of the election, results for every federal and state primary, election, special primary, special election, and runoff. Beginning in 2002, the superintendents of election must also report county and local election results electronically to the Secretary of State's office.
Conservation And Natural Resources Department Of Natural Resources: Specify Time Period In Which The Director Must Act On Permit And Variance Applications; Provide For A Fee Waiver When The Director Does Not Act Within The Time Specified, Sherri Buda
Georgia State University Law Review
The Act specifies a time limit within which the Director of the Environmental Protection Division of the Department of Natural Resources must act on permit or variance applications. The Act also requires the Director to refund all application fees, except those required by federal law, when the Director fails to act in the time allotted.
Courts Juvenile Proceedings, Parental Rights: Improve Training And Provide Assistance To Certain Inferior Courts; Provide Training Requirements For Clerks Of The Juvenile Courts; Allow For Clerks Pro Tempore; Provide For Certificates And Expenses, Teresa Adams
Georgia State University Law Review
The Act, entitled the Inferior Court Training and Assistance Act of 2000, adds a new section to the Georgia Code to improve training for juvenile court clerks and provide assistance to certain inferior courts. The Act introduces mandatory training requirements for juvenile court clerks and allows pro tempore clerks to act in the traditional clerk's place during training without having to meet the same training requirements.
Animals Animal Protection: Prohibit The Obstruction Of The Commissioner Of Agriculture And Employed Officers; Change Certain Provisions Relating To Definitions; Provide For Inspection Warrants And Impounding And Disposal Of Mistreated Animals; Provide For Notice And Hearing To Owners Of Impounded Animals; Change Certain Provisions Relating To Animal Care By Licensed Persons; Provide For Injunctions And Restraining Orders; Prohibit Abandoning Domestic Animals; Prohibit Dog Fighting; Provide For Reporting Of Violations And The Civil And Criminal Immunity Of Reporters; Change Certain Provisions Relating To Cruelty To Animals; Change Certain Provision Relating To Penalties; Provide For Exemptions, Bonnie Lassiter
Georgia State University Law Review
The Act, called the Animal Protection Act, prohibits obstructing the Commissioner of Agriculture or his or her agents, or animal control officers, in the perfection of their duties. The Act also changes a number of sections of the Georgia Code to increase the severity of punishment for animal cruelty offenses by providing that a second animal cruelty offense that results in the animals death will be a misdemeanor of high and aggravated nature and will incur a more sever penalty. Future, the Act creates the felony offense of aggravated cruelty to animals (an act which makes a part of the …
Insurance Domestic Stock And Mutual Insurers: Assign Certain Duties Of The Secretary Of State To The Commission Of Insurance; Provide For Filing Applications For And Amendments To Charters, And Applications For Voluntary Dissolution And Surrender Of Charters; Provide That Certificates Of Incorporation And Charter Amendment Be Issued Under The Seal Of The State; Retrieve The Secretary Of State Of Bookkeeping Duties Relating To Applications And Amendments To Charters, Bonnie Lassiter
Georgia State University Law Review
The Act amends several sections of the Georgia Code to require that insurance companies file charter applications, applications to amend or renew a charter, and applications to surrender a charter with the Commissioner of Insurance rather than the Secretary of State. The Act provides the procedures for filing and approving each of the above. The Act further provides that, upon approval, the Secretary of State shall issue a certificate of incorporation under the seal of the state. Finally, the Act provides the procedures by which a domestic society may amend its laws.
Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food: Change Certain Provisions Relating To Unlawful Acts And The Use Or Possession Of Certain Cans, Bottles, And Other Receptacles, Brittany Tuggle
Georgia State University Law Review
The Act amends the Georgia Diary Act of 1960 by clarifying the use and possession of milk, cream, or ice cream contains. The Act allows a business involved in the processing, distribution, or retail sale of diary products to temporarily possess any receptacle that is marked with the brand or trademark of another business until it is returned to the rightful owner or purchased from the rightful owner.
Revenue And Taxation Ad Valorem Taxation Of Property: Change Certain Provisions Relating To Qualifications Of Property As Bona Fide Conservation Use Property; Change Certain Provisions Relative To The Ownership Of Such Property And The Gross Income Derived By A Family Owned Farm Entity, Brittany Tuggle
Georgia State University Law Review
The Act requires a family owned farm entity owning property for conservation use to be owned by one or more natural or naturalized citizens related to each other by blood or marriage. The Act allows an entity such as a corporation, a limited partnership, a limited corporation, or a limited liability company to serve as a general partner of a family limited partnership, but it may not hold more than a five percent interest in that family limited partnership. Finally, the Act requires a family owned entity to derive eighty percent or more of its gross income from bona fide …
Professions And Businesses Athlete Agents: Provide Additional Grounds For Refusing To Register Or For Disciplining An Athlete Agent; Change The Provisions Relating To Criminal Penalties; Change The Provisions Relating To Notice Of The Signing Of An Agent Contract That Is Given To An Institution Of Higher Education And The Georgia Athlete Agent Regulatory Commission; Provide For Certain Terms To Be Included In Agent Contracts; Authorize An Institution Of Higher Education To Bring A Civil Action Against An Athlete Agent For The Recovery Of Damages Due To Violation Of Chapter 4a Of Title 43, Horne Natasha
Georgia State University Law Review
No abstract provided.
Courts Probate Courts: Amend Provisions To Provide That Certain Cash Bonds Shall Be Transferred Into Interest-Bearing Trust Accounts; Provide That Interest From Such Funds Shall Be Remitted To The Georgia Indigent Defense Council For Distribution To The Counties; Provide For The Remittance Of Certain Information, Jackie Volk
Georgia State University Law Review
The Act provides that when a sheriff transfers cash bonds to a probate court clerk pursuant to Code section 15-16-27, the clerk must deposit the funds into interest-bearing trust accounts. The Act also requires that the interest from those funds be remitted to the Georgia Indigent Defense Council in accordance with subsections (c) through (g) of Code Section 15-6-76.1. The Act provides that the Georgia Indigent Defense Council must allocate all interest received from such funds in accordance with Code Section 15-6-76.1(e).
Motor Vehicles And Traffic Certificates Of Title, Security Interests, And Liens: Amend Provision Relating To Perfection Of Security Interests In Motor Vehicles Generally; Provide For Perfection Of Delivery Of Notice, Jackie Volk
Georgia State University Law Review
The Act provides that a person or business may perfect a security interest in a motor vehicle by presenting the required fee and (1) the existing title and an application for title containing the name and address of the holder of a security interest or (2) a notice of security interest on forms prescribed by the county tax commissioner. Further, the Act provides that the security interest is perfected at the time of its creation if the delivery of the application or notice to the commissioner or local tag agent is completed within twenty days thereafter. The Act provides that …
Evidence Proof Generally: Authorize Noninvasive Procedures In Addition To Blood Tests To Collect Dna Samples And Determine Characteristics; Allow Collection Of Dna Samples Of Convicted Felon In Addition To Sec Offenders; Provide For Sharing Dna Information For Law Enforcement Purposes; Allow Criminal Defendants Access To The Dna Data Bank In Certain Circumstances, Jill Wasserman
Georgia State University Law Review
The Act changes and updates several sections of the Georgia Code pertaining to the establishment of a DNA data bank for law enforcement purposes. Prior to the Act, the Code provided that DNA would be collected through blood samples from prisoners convicted of certain sex offenses. The Act subjects all convicted felons incarcerated in Georgia to DNA collection. In addition, the Act expands the acceptable methods of DNA collection beyond taking blood to include other less invasive procedures, including oral swabs. Further, the Act clarifies the procedures and timing the collecting the samples. It also allows law enforcement agencies to …
Wills, Trusts, And Administration Of Estates Descent And Distribution: Provide For The Vesting In The Heirs Subject To Divestment Of Certain Interests In Real Property Owned By An Intestate Descendent; Provide For Vesting Of Such Interests In An Administrator For The Benefit Of The Heir And Creditors Of The Decedent; Require The Assent Of The Administrator For Revesting In The Heirs; Provide For Recovery Of Possession From The Heirs By The Administrator In Certain Circumstances; Provide That An Order For Sale Or Distribution After Notice Is Conclusive Evidence, John Price
Georgia State University Law Review
The Act repeals a portion of the 1998 Probate Code Revision and provides that any real property belonging to an intestate decedent vests immediately in the decedent's heirs at law. If an administrator is subsequently appointed, the real property will vest in the administrator for the benefit of the decedent's heirs and creditors. Title only revests in the heirs if the administrator assents.
Corporations, Partnerships, And Associations Business Corporations: Amend Venue Provisions Regarding Business Corporations; Allow For Removal Of Certain Cases; Provide A Maximum Amount For Supersedeas Bonds For Punitive Damages Of Civil Judgments; Provide That Foreign Judgments Shall Be Stayed Until Conclusion Of All Appeals Or The Expiration Of Time In Which Appeals Can Be Brought, Kristin Gee
Georgia State University Law Review
The Act, known as the Civil Litigation Improvement Act of 2000, amends several sections of the Georgia Code referencing civil litigation involving Georgia Corporations. The Act provides a maximum amount for supersedeas bonds that a court can require a defendant to provide to insure the punitive damages portion of a civil judgment. The Act provides that a foreign judgment shall be stayed while an appeal is pending or until the expiration of time within which an appeal can be filed. The Act also changes venue requirements regarding corporations and allows for removal of certain cases.
Game And Fish Licenses, Permits, And Stamps Generally: Add Provisions Allowing Department Of Natural Resources To Issue Trapping And Hunting Permits Under Circumstances Where Such Action Is Otherwise Prohibited By Law; Add Requirement For Department Of Natural Resources To Specify The Conditions Where It Deems Such Permits Necessary; Provide An Exception For Such Permits, Kristin Gee
Georgia State University Law Review
The Act allows the Department of Natural Resources (DNR) to issue permits to trap, transport and release, or kill wildlife and feral hogs when such action is otherwise prohibited by law. The law allows removal of white-tailed deer from airport property, only in the interest of public safety. With respect to fur-bearing animals, the DNR must approve and implement a bona fide wildlife management plan, and with respect to feral hogs, DNR-approved activities must comply with the Georgia Department of Agriculture's rules and regulations. The DNR must prescribe all methods and details of animal control. Furthermore, the DNR cannot issue …