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Domestic Relations Child And Spousal Support: Comply With Federal Guidelines To Enforce Child Support Awards, F. Cullen Sep 1989

Domestic Relations Child And Spousal Support: Comply With Federal Guidelines To Enforce Child Support Awards, F. Cullen

Georgia State University Law Review

The Act amends the Code section relating to the enforcement of child and spousal support payments to comply with the federal Child Support Enforcement Amendments of 1984 and the Family Support Act of 1988. The Act provides guidelines for courts to use in determining the amount of child support awards. Further, the Act grants the court authority to enforce obligations of spousal and child support by ordering immediate wage deductions. It also provides for periodic review and adjustment of child support orders.


State Government Open Meetings Legislation In The 1989 Session Of The Georgia General Assembly, C. Keen Sep 1989

State Government Open Meetings Legislation In The 1989 Session Of The Georgia General Assembly, C. Keen

Georgia State University Law Review

Open meetings legislation, which was introduced during the 1989 session of the Georgia General Assembly, included: A proposed constitutional amendment which would have made all General Assembly sessions and committee meetings open to the public; a bill dealing with open meeting and records provisions of school disciplinary hearings; a bill which would have exempted most records dealing with the hiring of high-level or professional personnel by a state agency, and which exempted records resulting from staff services to the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office; a bill which, although similar to the …


Elections The Recall Act Of 1989: Provide Specific Grounds For Recall, E. Imes Sep 1989

Elections The Recall Act Of 1989: Provide Specific Grounds For Recall, E. Imes

Georgia State University Law Review

The Act replaces the Recall Act of 1979, which was struck down by the Georgia Supreme Court in 1988. The supreme court declared the original Act unconstitutional because it did not provide specific standards of misconduct supporting the recall of an elected official. The new version provides standards and guidelines governing the recall of any elected public official who, while holding public office, acts in a manner adverse to public administration. The Act also provides for the judicial review of a recall petition.


Insurance Insurance Regulation: Revise Agent Licensing Requirements, W. Petty Sep 1989

Insurance Insurance Regulation: Revise Agent Licensing Requirements, W. Petty

Georgia State University Law Review

The Act revises license regulations for insurance agents, solicitors, brokers, counselors, and adjusters and provides for fiduciary and record keeping duties for life and accident and sickness insurance agents.


Insurance Vehicle Service Or Extended Warranty Agreements: Empower Commissioner To Regulate, W. Petty Sep 1989

Insurance Vehicle Service Or Extended Warranty Agreements: Empower Commissioner To Regulate, W. Petty

Georgia State University Law Review

The Act empowers the Commissioner of Insurance of the State of Georgia to regulate vehicle service or extended warranty agreements.


Contracts Trade Secrets: Provide Definition, A. Chapar Sep 1989

Contracts Trade Secrets: Provide Definition, A. Chapar

Georgia State University Law Review

The Act defines trade secret and states that all rights relating to trade secrets shall be in accord with the term as used in the Act.


Commerce And Trade Georgia Seed Capital Fund: Create, D. Whiting-Pack Sep 1989

Commerce And Trade Georgia Seed Capital Fund: Create, D. Whiting-Pack

Georgia State University Law Review

The Act authorizes the creation of a State Seed Capital Fund which will provide capital to innovative businesses. the Act authorizes the Advanced Technology Development Center to manage the fund, subject to approval by the Georgia Board of Regents. The Act also permits the State to disburse funds to investment partnerships and to challenge the investments of partnerships engaged in innovative projects. The Act also provides for the disbursement of returns on investment of state funds, liquidation of investment partnerships, limitations on investments by investment partnerships, and annual reporting requirements.


Motor Vehicles And Traffic Serious Injury By Vehicle: Define Crime, J. Bagwell Sep 1989

Motor Vehicles And Traffic Serious Injury By Vehicle: Define Crime, J. Bagwell

Georgia State University Law Review

The Act creates a new felony offense of serious injury by vehicle resulting from reckless driving. Previously, the Code restricted the felony offense of serious injury by vehicle to reckless driving due to impairment of ability by alcohol or drugs. The Act broadens the statute's scope to include reckless driving without such impairment.


Courts Prosecution Of Traffic Offenses And Juvenile Proceedings, R. Barbe Sep 1989

Courts Prosecution Of Traffic Offenses And Juvenile Proceedings, R. Barbe

Georgia State University Law Review

The two Acts, while applying to different Code sections, have a similar effect on Georgia court procedures. SB 273 permits probate and municipal courts having jurisdiction over traffic offenses to request that the circuit district attorney or the state court solicitor in that country conduct trials on behalf of the state. SB 287, similarly, permits a district attorney to appear for the state in a delinquency hearing before a juvenile court, if the state is not represented by a solicitor and if that office is requested to do so by the court.


Wills, Trusts And Administration Of Estates Changes In The Law Of Wills, A. Chapar Sep 1989

Wills, Trusts And Administration Of Estates Changes In The Law Of Wills, A. Chapar

Georgia State University Law Review

The Acts provide for changes to the Georgia law of wills. HB 157 provides that the residence of decedents in the care of nursing homes at the time of death shall normally be the county of residence before the entry of the decedent into the facility. HB 257 defines uniform procedures governing appointment of a guardian over an incapacitated adult who owns real property. HB 258 permits lawfully admitted aliens to perform as executors of estates. HB 259 expands the concurrent jurisdiction of probate courts with superior courts to include the acceptance of the resignation of a trustee.


Courts Juvenile Courts: Provide Guidelines To Judges Regarding When Juveniles Shall Be Incarcerated Prior To Case Adjudication, R. Conte Sep 1989

Courts Juvenile Courts: Provide Guidelines To Judges Regarding When Juveniles Shall Be Incarcerated Prior To Case Adjudication, R. Conte

Georgia State University Law Review

The Act provides that, as a matter of public policy, the unconditional release of accused juveniles prior to the adjudication of their cases is preferred to incarceration. The Act sets forth conditions under which the detention of a juvenile may be considered. The Act also delineates certain values which must be reflected in any detention of a juvenile prior to the adjudication of that juvenile's case.


Criminal Procedure Searches And Seizures: Regulate Law Office Searches, S. Brannan Sep 1989

Criminal Procedure Searches And Seizures: Regulate Law Office Searches, S. Brannan

Georgia State University Law Review

The Act prohibits the issuance and execution of a search warrant for documents in an attorney's possession absent a showing of probable cause that the attorney committed a crime, or that the attorney has possession of the place to be searched and the documents will be hidden or destroyed. The Act also prohibits warrantless law office searches and provides procedural protections which regulate the search and the disposition of potentially privileged documents.


Professions And Businesses Used Car Dealers' Registration Act: Exclude Franchised Motor Vehicle Dealers, W. Petty Sep 1989

Professions And Businesses Used Car Dealers' Registration Act: Exclude Franchised Motor Vehicle Dealers, W. Petty

Georgia State University Law Review

The Act restricts the scope of the Used Car Dealers' Registration Act by excluding franchised motor vehicle dealers from the statutory definition of a used car dealer, from representation on the State Board of Registration of Used Car Dealers, and from used car dealer license and registration requirements


Domestic Relations Collection Of Child Support Payments: Remove From Probation Department, F. Cullen Sep 1989

Domestic Relations Collection Of Child Support Payments: Remove From Probation Department, F. Cullen

Georgia State University Law Review

The Act amends the Uniform Reciprocal Enforcement of Support Act by transferring the responsibility of collecting certain child support payments from the probation department of the court to the Office of Child Support Recovery or to a county agency designated as the child support receiver. Further, the Act amends the Code to provide that probation supervisors no longer are authorized to collect child support payments.


Corporations, Partnerships And Associations Limited Partnerships: Amend Georgia Revised Uniform Limited Partnership Act, T. Mallory Sep 1989

Corporations, Partnerships And Associations Limited Partnerships: Amend Georgia Revised Uniform Limited Partnership Act, T. Mallory

Georgia State University Law Review

The Act amends the limitations on names available to limited partnerships, provides for the merger of a limited partnership with a corporation, permits a general partner to maintain the confidentiality of reasonable trade secrets, provides for interim redemption of partnership interests, and alters public notice requirements as they affect the personal liability of a withdrawing general partner.


Professions And Businesses Athlete Agents: Amend Provisions, A. Stafford Sep 1989

Professions And Businesses Athlete Agents: Amend Provisions, A. Stafford

Georgia State University Law Review

The Act amends the regulations governing the conduct of athlete agents by giving the Athlete Agents Regulatory Commission additional powers to discipline or revoke the registration of athlete agents. The Act adds criminal penalties for violation of the Act. The Act also reduces the amount of the bond that an athlete agent is required to post.


Conservation And Natural Resources Historic Preservation Legislation, B. Herrin Sep 1989

Conservation And Natural Resources Historic Preservation Legislation, B. Herrin

Georgia State University Law Review

The Acts provide for a Georgia Register of Historic Places, for the creation of property tax incentives to rehabilitate historic structures, and for allowing local governments to continue to regulate zoning and historical plans without legislative interference.


Revenue And Taxation Increase In Hotel And Motel Excise Tax To Finance Industrial Bonds: Georgia Dome, D. Vaughan Sep 1989

Revenue And Taxation Increase In Hotel And Motel Excise Tax To Finance Industrial Bonds: Georgia Dome, D. Vaughan

Georgia State University Law Review

The Act amends Chapter 13 of Title 48 of the Official Code of Georgia Annotated by increasing the rate of tax that may be levied by certain counties and municipalities on motel and hotel rooms, lodgings, and accommodations, and by authorizing those counties to expend the funds collected to promote tourism and construct a convention facility.


Criminal Procedure Bonds And Recognizances: Amend Forfeiture Provisions, R. Goff Sep 1989

Criminal Procedure Bonds And Recognizances: Amend Forfeiture Provisions, R. Goff

Georgia State University Law Review

The Act amends the Code sections relating to time frames for the holding of execution hearings for forfeiture of the bail bonds, should the principal not appear. Changes are also made in the circumstances under which forfeiture will not be entered.


Criminal Procedure Bonds And Recognizances: Amend Provisions For Notice To Superior Court; Provide For Temporary Release Of Certain Detainees, R. Goff Sep 1989

Criminal Procedure Bonds And Recognizances: Amend Provisions For Notice To Superior Court; Provide For Temporary Release Of Certain Detainees, R. Goff

Georgia State University Law Review

SB 255 amends existing provisions requiring notice to the superior court when a person is being held in a detention facility and is charged with an offense bailable only before a superior court judge. HB 466 creates a new section permitting the release of a person who has been found guilty of certain crimes, pending his reporting to a correction facility to serve his sentence. This release may be conditioned upon either the convicted person's own recognizance or the posting of bond to ensure his return at the time for the sentence to commence.


Evidence Rape Shield Statute: Provide Qualified Two-Part Requirement For Admission Of Complainant's Past Sexual History, S. Brannan Sep 1989

Evidence Rape Shield Statute: Provide Qualified Two-Part Requirement For Admission Of Complainant's Past Sexual History, S. Brannan

Georgia State University Law Review

The Act amends Georgia's Rape Shield Act by providing that evidence of the complainant's past sexual behavior may be introduced if it directly involved the defendant and could have led him to reasonably believe the complainant consented to sexual intercourse. Evidence of a complainant sexual history is also admissible if it is highly material to, and substantially supportive of, a conclusion that the defendant reasonably believed that the complainant consented and that justice mandates its admission even though the complainant had no past relations with the accused.


Penal Institutions Prisons And Pardons/Paroles Reform, S. Taylor Sep 1989

Penal Institutions Prisons And Pardons/Paroles Reform, S. Taylor

Georgia State University Law Review

The new legislation establishes alternatives to incarceration which may be considered by the sentencing judge, increases reporting responsibilities of probationers, modifies procedures for jail construction, increases fines to fund jail construction, establishes bond forfeiture procedures, and institutes a program which allows judges to release prisoners on their own recognizance or on bail prior to incarceration.


Corporations, Partnerships And Associations Partnerships: Revise Georgia Uniform Partnership Act, T. Mallory Sep 1989

Corporations, Partnerships And Associations Partnerships: Revise Georgia Uniform Partnership Act, T. Mallory

Georgia State University Law Review

The Act introduces minor revisions and additions to Georgia's Uniform Partnership Act (UPA). The contents of statements of partnership are expanded to include information regarding the admission of new partners, and the Act provides that any such inclusion creates a conclusive presumption that an admittee so named is in fact a partner. The Act also amends the UPA to specify that when the business of a partnership is continued after an agreement of dissolution, partnership property may be applied to the liabilities and obligations of the continuing partnership. Title to the predecessor partnership's real property vests in the continuing partnership …


Food, Drugs And Cosmetics Inspection Warrants: Provide For Practices, Procedures, And Requirements, W. Linkous Sep 1989

Food, Drugs And Cosmetics Inspection Warrants: Provide For Practices, Procedures, And Requirements, W. Linkous

Georgia State University Law Review

The Acts provide for the issuance, execution, and return of inspection warrants and for the practices, procedures, and requirements associated with these warrants. The Acts provide time limits and penalties, identify those inspections not requiring a warrant, make changes in certain exemptions in meat inspection, and specify additional powers for the Commissioner of Agriculture.


Property Title Registration: Amend Provisions, A. Stafford Sep 1989

Property Title Registration: Amend Provisions, A. Stafford

Georgia State University Law Review

The Act amends the title registration requirements allowing title to registered land to be acquired by adverse possession, and by treating registered land as unregistered for purposes of recording and transfer.


Evidence Competency Of Witnesses: Amend Provision For Qualification Of Victims And Witnesses Of Child Molestation And Other Crimes, R. Goff Sep 1989

Evidence Competency Of Witnesses: Amend Provision For Qualification Of Victims And Witnesses Of Child Molestation And Other Crimes, R. Goff

Georgia State University Law Review

The Act amends a section of the Code pertaining to the competency of child witnesses to testify. Before this change, a child's competency as a witness could be challenged by either party in court. Upon such challenge, the court was obligated to examine the child to determine her ability to understand the nature and ramifications of her testimony. The Act declares that children ages fourteen and under who were or may have been the victims or witnesses of child molestation or other crimes are automatically competent to testify.


Conservation And Natural Resources Solid Waste Management: Regulate Landfills, V. Jones Sep 1989

Conservation And Natural Resources Solid Waste Management: Regulate Landfills, V. Jones

Georgia State University Law Review

The Act provides for additional regulations related to the management, handling, and disposal of solid waste in sanitary landfills.


Conservation And Natural Resources Georgia Water Supply Act: Authorize Department Of Natural Resources To Build And Manage Reservoirs, W. Linkous Sep 1989

Conservation And Natural Resources Georgia Water Supply Act: Authorize Department Of Natural Resources To Build And Manage Reservoirs, W. Linkous

Georgia State University Law Review

The Act amends the Georgia Code provisions relating to water resources by authorizing the Department of Natural Resources (DNR) to acquire or construct water supply reservoirs. The Act also authorizes the DNR to operate and maintain any project that embraces a water source or that distributes or sells water and other related facilities. The Act also provides for the protection of wetlands. Finally, the Act authorizes the DNR to contract and to execute leases and to do all things deemed necessary and convenient for operation of projects authorized by the Act.


Domestic Relations Legitimation Cases: Establish The Duty Of The Father To Support His Child, F. Cullen Sep 1989

Domestic Relations Legitimation Cases: Establish The Duty Of The Father To Support His Child, F. Cullen

Georgia State University Law Review

The Act amends section 19-7-22 relating to legitimation of children. The Act authorizes the court to establish the father's duty to provide child support concurrent with the court's order declaring his child to be legitimate.


Professions And Businesses Health: Registered Nurses And Physicians' Assistants May Order Drugs Under Protocol, B. Rowe Sep 1989

Professions And Businesses Health: Registered Nurses And Physicians' Assistants May Order Drugs Under Protocol, B. Rowe

Georgia State University Law Review

The Act expands the scope of practice for registered professional nurses and physicians' assistants to include the ordering of certain drugs, medical treatments, and diagnostic studies by reference to a nurse protocol or a physician's assistant's job description. Registered nurses and physicians' assistants may dispense drugs in certain settings.