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Articles 1 - 30 of 63
Full-Text Articles in Law
Social Services Programs And Protection For Children And Youth: Provide For Fingerprint Records Check And Preliminary Records Check For Foster Parents; Provide For Powers Of The Department Of Human Resources Regarding Programs For Children, Georgia State University Law Review
Social Services Programs And Protection For Children And Youth: Provide For Fingerprint Records Check And Preliminary Records Check For Foster Parents; Provide For Powers Of The Department Of Human Resources Regarding Programs For Children, Georgia State University Law Review
Georgia State University Law Review
The Act provides for compensation to agencies which recruit, educate, or train potential adoptive or foster parents. The Act also provides that only a preliminary records check determination is required before a licensed child-placing agency may place a child in a foster care home, while a satisfactory fingerprint records check is required for the child to remain in the foster care home.
Property Landlord And Tenant: Amend Dispossessory Proceedings, Stephen R. Chance
Property Landlord And Tenant: Amend Dispossessory Proceedings, Stephen R. Chance
Georgia State University Law Review
The Act provides that a writ of possession shall enter instantly if a tenant fails to answer a summons as provided in dispossessory proceedings. The Act further provides that if, upon trial of the case, judgment is entered against the tenant, the trial court shall issue a writ of possession and a writ of execution to be effective at the expiration of ten days after the judgment is entered. Finally, the Act provides that if the judgment is against the tenant, the court may upon motion of the landlord and upon good cause shown order the tenant to pay rent …
State Government State Printing And Documents: Change The Definition Of Agency, Amy K. Waggoner
State Government State Printing And Documents: Change The Definition Of Agency, Amy K. Waggoner
Georgia State University Law Review
The Act amends the Code section relating to public access to and inspection of public records. It broadens the term agency as used in that Code section to include a corporation that has membership composed of counties or political subdivisions of counties and that derives substantial parts of its operating budgets from counties. It provides that all records of the agency shall be open to inspection by the public unless prohibited by law or court order.
Property Acquisition And Loss Of Property: Allow Testamentary And Inter Vivos Alienability Of All Future Interests, Cynthia F. Zebrowitz
Property Acquisition And Loss Of Property: Allow Testamentary And Inter Vivos Alienability Of All Future Interests, Cynthia F. Zebrowitz
Georgia State University Law Review
The Act broadens the language of the existing Code section to permit testamentary and inter vivos transfers of all future interests.
Professions And Businesses Real Estate Appraisers: Authorize Board Of Appraisers To Issue Temporary Practice Permits For A Single Federally Related Transaction; Prohibit Appraisers From Giving Oral Appraisals Of Federally Related Transaction; Prohibit Use Of Appraisers Whose Appraisal Classification Is Suspended Or Revoked, F. Faison Middleton
Georgia State University Law Review
The Act authorizes the Georgia Board of Real Estate Appraisers (the Board) to issue temporary practice permits to appraisers classified outside the state. This authorization brings Georgia legislation in line with federal regulations. The Act further amends the original code section by adding two new violations to the list of violations that result in penalties for appraisers classified in Georgia. The Act further amends the Code by deleting the list of courses of study weighed by the Board when determining appraisal classifications. As it now exists, appraiser classifications must simply be in compliance with federal law.
Revenue And Taxation Income Taxes: Provide For Business Tax Credits, J. Matthew Maguire Jr.
Revenue And Taxation Income Taxes: Provide For Business Tax Credits, J. Matthew Maguire Jr.
Georgia State University Law Review
The Act, called the Georgia Business Expansion Support Act of 1994, broadens the 1992 version of the same Act, by providing tax credits for businesses that create new jobs, make certain investments, and provide job retaining and child care for employees. The credits are available to qualified businesses in incremental amounts depending on the wealth of the area in which the business is conducted.
Social Services Programs And Protection For Children And Youth: Provide Foster Parents And Child-Placing Agencies Access To Records, Pam Corley, Jose Redwine
Social Services Programs And Protection For Children And Youth: Provide Foster Parents And Child-Placing Agencies Access To Records, Pam Corley, Jose Redwine
Georgia State University Law Review
The Act provides identified foster parents and child-placing agencies access to certain records regarding children under consideration for foster care placement.
Federal Circuit Judicial Councils: A Legislative History And Revisions Needed Today, Robert Hall
Federal Circuit Judicial Councils: A Legislative History And Revisions Needed Today, Robert Hall
Georgia State University Law Review
No abstract provided.
Professions And Businesses Real Estate Brokers And Salespersons: Require Real Estate Brokers To Pay Commission Only To Licensees Who Have Assigned Their License To The Broker's Firm; Ensure A Qualified Broker Will Be Responsible In All Real Estate Business, F. Faison Middleton
Georgia State University Law Review
The Act provides procedures for ensuring that real estate brokerage firms will not pay compensation to a licensed broker unless the broker is assigned to the firm prior to the transaction. The Act requires each brokerage firm to be managed by a real estate broker or qualifying real estate broker who is ultimately responsible for this license assignation. The Act further provides that in any given business enterprise, a qualified broker must be able to bind the business in his capacity either as partner or as corporate officer.
Torts General Provisions: Provide Immunity From Liability For School Volunteers, Laura Jones French
Torts General Provisions: Provide Immunity From Liability For School Volunteers, Laura Jones French
Georgia State University Law Review
The Act provides public and private school volunteers with immunity from tort liability. A volunteer is defined as one who provides services for schools without compensation at the request of the school. This immunity exists for acts and omissions that occur either on school property or at a school-sponsored function. The Act provides immunity from liability for public or private schools that request or participate in providing the volunteer services, provided the school also does not receive compensation.
Revenue And Taxation Income Taxes: Withholding Requirements For Certain Periodic Payments, Jeffrey A. Hannah
Revenue And Taxation Income Taxes: Withholding Requirements For Certain Periodic Payments, Jeffrey A. Hannah
Georgia State University Law Review
The Act provides a definition for periodic payment concerning pensions, annuities, taxable fringe benefits, interest, and dividends. A payor of a periodic payment must withhold taxes from such payment in the same manner as if the payment were wages paid to an employee. Further, the Act includes an option for the payee to avoid withholding. The Act provides authorization to the Commissioner of the Georgia Department of Revenue to prescribe forms and promulgate rules and regulations setting forth requirements for withholding and making elections.
Crimes And Offenses Offenses Involving Theft: Provide For Presumption Of Intent To Convert Rented Or Leased Personal Property After A Certain Term; Change Venue Requirements, Daniel E. Turner
Georgia State University Law Review
The Act creates a presumption of intent to convert rented or leased personal property if the renter or lessee, upon formal request by the owner, does not return the property within a specified period of time. Additionally, the Act changes the venue requirements by providing for venue in the county where the rent or lease agreement was signed.
Crimes And Offenses Forgery And Fraudulent Practices: Prohibit Fraudulent Attempts To Obtain Refunds, Daniel E. Turner
Crimes And Offenses Forgery And Fraudulent Practices: Prohibit Fraudulent Attempts To Obtain Refunds, Daniel E. Turner
Georgia State University Law Review
The Act prohibits a person from giving a false or fictitious telephone number or from giving a telephone number of another person for the purposes of obtaining a refund from a business establishment. A violator of the Act is guilty of a misdemeanor.
In My Opinion, Those Are Not Facts, Abner J. Mikva
In My Opinion, Those Are Not Facts, Abner J. Mikva
Georgia State University Law Review
No abstract provided.
Criminal Procedure Legal Defense Of Indigents: Provide Indigent Defense Funds To Defend Indigent Juveniles, Karin L. Allen
Criminal Procedure Legal Defense Of Indigents: Provide Indigent Defense Funds To Defend Indigent Juveniles, Karin L. Allen
Georgia State University Law Review
The Act allows money given to counties for indigent defense to be used for the appointment of attorneys for juveniles as well as for adults involved in juvenile proceedings.
Crimes And Offenses Offenses Against Public Administration: Increase The Possible Sentences For Prison Escape, Cynthia F. Zebrowitz
Crimes And Offenses Offenses Against Public Administration: Increase The Possible Sentences For Prison Escape, Cynthia F. Zebrowitz
Georgia State University Law Review
The Act doubles the possible sentence for the offense of escape by a person convicted of a felony or misdemeanor, while leaving in place judges' discretion in sentencing.
Crimes And Offenses Offenses Against Health And Morals: Provide Felony Penalties For Soliciting, Engaging In, Contracting With, Conspiring With, Encouraging, Abetting, Or Directing A Minor To Commit A Violent Felony, Daniel E. Turner
Georgia State University Law Review
The Act prohibits a person from knowingly and willfully soliciting, engaging in, contracting with, conspiring with, encouraging, abetting, or directing a minor to commit a crime which is a felony and is violent in nature. Additionally, the Act prohibits a person from knowingly or willfully providing a weapon to a minor to be used in the commission of a felony. A violator of this Act is guilty of a felony and is subject to a minimum one-year prison sentence for the first violation, with sentences increasing for subsequent violations.
Amendment To The Constitution Of The State Of Georgia Article Iii. Legislative Branch, Section Vi. Exercise Of Powers: Provide Georgia Complete Authority To Regulate Alcoholic Beverages In Any Manner Permitted Under The Twenty-First Amendment To The United States Constitution, Leila Ann Greiff Lawlor
Georgia State University Law Review
The General Assembly passed this resolution during its 1994 session, but the voters of Georgia must ratify the legislation in a statewide referendum in November 1994 in order for the resolution to become an amendment to the Georgia Constitution. The amendment gives the Georgia General Assembly full authority under the Twenty-First Amendment to the United States Constitution to regulate public nudity in combination with alcoholic beverage sales.
Corporations, Partnerships, And Associations Partnerships: Designate Qualification Requirements, Laws Governing, And Regulation Concerns For Foreign Limited Liability Partnerships, Scott C. Crowley
Georgia State University Law Review
The Act provides guidelines for foreign limited liability partnerships transacting business in Georgia. The Act mandates certification with the Secretary of State as a means for providing service of process on foreign limited liability partnerships. Once a certificate is issued, a foreign limited liability partnership is authorized to transact business in Georgia. In addition, the Act requires appointment of a registered agent who may accept service of process on behalf of the foreign limited liability partnership. The Act also provides a list of activities that do not constitute transacting business in Georgia; however, the list is not intended to be …
Implications Of The Georgia Patient Self-Referral Act Of 1993, Charles F. Fenton
Implications Of The Georgia Patient Self-Referral Act Of 1993, Charles F. Fenton
Georgia State University Law Review
No abstract provided.
Courts Magistrate Courts: Provide For An Optional No Contest Bond Forfeiture Procedure For Misdemeanor Bad Check Violations As A Final Disposition And Provide For Bench Warrants When Forfeiture Is Not Final Disposition, Angelyn M. Wright
Georgia State University Law Review
The Act provides that chief magistrates may establish no contest cash bond schedules, allows persons arrested or accused of misdemeanor bad check violations to post a no contest cash bond, and deems failure to appear for trial to be a guilty plea and forfeiture of the bond, unless the court provides otherwise. When the court rejects the guilty plea and forfeiture, the Act instructs the court to issue a bench warrant for the defendant's arrest for subsequent default.
Crimes And Offenses Crimes Against The Person: Provide For The Criminal Offense Of Offering To Assist In The Commission Of Suicide And Committing An Act In Furtherance Thereof, Charles F. Fenton
Georgia State University Law Review
The Act provides criminal penalties for those who offer or hold themselves out to assist another person in the commission of suicide and commit an act in furtherance thereof. The Act also provides criminal penalties for anyone who overcomes the will of another person and thereby causes that person to commit or attempt to commit suicide. The Act exempts withholding or withdrawing medical care pursuant to a living will, a durable power of attorney, or a written do-not-resuscitate order.
Crimes And Offenses Crimes Against The Person: Redefine Aggravated Assault And Provide For Additional Penalties, Deborah L. O'Neal
Crimes And Offenses Crimes Against The Person: Redefine Aggravated Assault And Provide For Additional Penalties, Deborah L. O'Neal
Georgia State University Law Review
The Act expands the offense of aggravated assault by providing that an aggravated assault is committed when a person unlawfully discharges a firearm from within an automobile toward another person. The Act provides for additional sentencing with regard to the newly defined act of aggravated assault, which is punishable by imprisonment for five to twenty years.
Criminal Procedure Bonds And Recognizances: Provide That Certain Persons Arrested Without A Warrant Upon Acts Of Family Violence Shall Not Be Eligible For Bail Prior To An Appearance Before A Judicial Officer; Provide For Increased Bail And Specific Conditions For Release For Offenses Involving An Act Of Family Violence; Provide For Bail Only Before A Judge In Certain Offenses Involving Family Violence And Serious Injury; Provide A Definition, Elizabeth T. Baer, Daniel E. Turner
Georgia State University Law Review
The Act requires a law enforcement officer making a warrantless arrest for an act of family violence to bring the accused before a judicial officer for a bond hearing before release. Furthermore, it requires one accused of family violence, when serious injury occurs and there is danger of further violence, to be brought before a judicial officer, who is authorized to impose specific conditions of bail designed to deter further violence. The Act further requires increased bail and special conditions be included in the posted schedule of bails for family violence offenses. Finally, the Act provides a definition of serious …
Domestic Relations Alimony And Child Support Generally: Provide A Right To A Hearing When An Income Deduction Is Ordered Because Of A One-Month Delinquency In Child Support; Provide Removal Of Certain Exceptions To Applicability In Income Deductions, Elizabeth T. Baer
Georgia State University Law Review
This portion of the Act accomplishes a housekeeping task of cleaning up a portion of chapter 6 of title 19, relating to the inclusion of non-Title IV obligors in income deduction orders. Further, the Act eliminates the fifteen¬day waiting period previously allotted a child support obligor after an order was entered as an opportunity to contest an income deduction which was issued upon a showing of a one¬month delinquency. Under the Act, the obligor may request a hearing within fifteen days after receiving notice of delinquency. However, if the obligor does not exercise this right, the income deduction order takes …
Commerce And Trade Selling And Other Trade Practices: Provide It Shall Be Unlawful For Any Person To Sell Or Offer For Sale Any Ticket Of Admission To Any Entertainment Event For A Price In Excess Of The Price Printed On The Ticket And Provide For Service Charges And Their Specification On Announcements, Carolyn Rigot Seabolt
Georgia State University Law Review
The Act prohibits selling or offering to sell any ticket to certain sporting events for a price in excess of the price printed on the ticket. However, the Act provides that authorized ticket agents may charge a service charge which does not exceed three dollars. In addition, the Act provides the same prohibition for the sale of tickets to any entertainment event. However, the Act does allow the owner of the property on which the entertainment event is held to authorize any person to charge a service charge in addition to the price printed on the ticket. The authorization must …
Domestic Relations Alimony And Child Support Generally: Provide For Accident And Sickness Insurance Coverage For Children, Charles F. Fenton
Domestic Relations Alimony And Child Support Generally: Provide For Accident And Sickness Insurance Coverage For Children, Charles F. Fenton
Georgia State University Law Review
The Act provides for a mechanism for the Department of Human Resources, the Department of Medical Assistance, or a custodial parent to require a support-paying parent's employer to obtain court-ordered accident and sickness insurance on behalf of the parent's child. The Act provides for criminal and civil penalties for any employer who does not abide by an enrollment order.
Criminal Procedure Pre-Trial Proceedings: Provide For Discovery And Inspection Of Evidence By The Prosecution And Defendants In Criminal Cases, Jeffrey A. Hannah
Criminal Procedure Pre-Trial Proceedings: Provide For Discovery And Inspection Of Evidence By The Prosecution And Defendants In Criminal Cases, Jeffrey A. Hannah
Georgia State University Law Review
The Act provides for comprehensive discovery in criminal felony and misdemeanor trials. Evidence of alibis and in rebuttal of alibis must now be disclosed by defense and prosecution counsel at least ten days prior to trial. Access to documents, records, and results of examinations and scientific tests, and statements of witnesses must now be disclosed by the prosecution. Upon request of defense counsel, the prosecution must provide access to documents within the possession, custody, or control of the prosecution or state. The Act provides new guidelines for supplying copies of a defendant's Georgia Crime Information Center (GCIC) criminal history to …
Local Government Urban Redevelopment: Allow County Or Municipality To Offset Payment In Condemnation Proceedings By Amount Of Existing Municipal Or County Tax Liens, Including Special Assessment Tax Liens, Cynthia F. Zebrowitz
Georgia State University Law Review
The Act permits counties and local municipalities to offset the price they would normally pay for property condemned in an eminent domain proceeding by the amount of any existing special assessment tax liens on the property. The purpose of the Act is to encourage urban development by allowing municipal or county tax liens, including special assessment tax liens to be used to reduce the actual amount the county or municipality pays for the property.
Insurance Domestic Stock And Mutual Insurers: Provide For The Conversion Of A Mutual Insurer To A Stock Insurer; Authorize Domestic Stock Insurers To Issue Preferred Stock, Jonathan M. Adelman
Insurance Domestic Stock And Mutual Insurers: Provide For The Conversion Of A Mutual Insurer To A Stock Insurer; Authorize Domestic Stock Insurers To Issue Preferred Stock, Jonathan M. Adelman
Georgia State University Law Review
Act 781 relaxes the requirements for a mutual stock insurer wishing or planning to convert to a domestic stock insurer. The Act decreases the percentage of approval required from policyholders for successful conversion. Further, the Act mandates giving policyholders a choice between participating in a conversion or receiving 100% of their equity in cash. Also, the Act allows a converted insurer's corporate existence to continue running without refiling a corporate charter. Act 977 authorizes domestic stock insurers to issue preferred stock.