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Full-Text Articles in Law
Elections Ethics In Government: Revise Campaign Contribution Regulations, R. Barbe
Elections Ethics In Government: Revise Campaign Contribution Regulations, R. Barbe
Georgia State University Law Review
The Act prohibits insurers, industrial loan licensees, and political action committees from making contributions to or on behalf of a candidate for the office of Commissioner of Insurance.
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.
Professions And Businesses Athlete Agents: Amend Provisions, A. Stafford
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.
Wills, Trusts And Administration Of Estates Changes In The Law Of Wills, A. Chapar
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.
Domestic Relations Collection Of Child Support Payments: Remove From Probation Department, F. Cullen
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.
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.
Crimes And Offenses Dangerous Drugs: Penalties For Anabolic Steroids Increased, T. Wallace
Crimes And Offenses Dangerous Drugs: Penalties For Anabolic Steroids Increased, T. Wallace
Georgia State University Law Review
The Act defines anabolic steroids and provides greater penalties for the distribution of, or the intent to distribute, anabolic steroids.
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
Food, Drugs And Cosmetics Inspection Warrants: Provide For Practices, Procedures, And Requirements, W. Linkous
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.
Crimes And Offenses Buying Or Selling Human Body Parts: Include Fetal Tissue, B. Rowe
Crimes And Offenses Buying Or Selling Human Body Parts: Include Fetal Tissue, B. Rowe
Georgia State University Law Review
The Act makes the buying or selling of a human fetus or any part of a human fetus a felony.
Torts Torts: Defamation And Abusive Litigation, A. Chapar
Torts Torts: Defamation And Abusive Litigation, A. Chapar
Georgia State University Law Review
One person may sue another for libelous statements made in visual or sound media. Section 1 of the Act permits a defendant to plead and prove certain facts which will prevent the plaintiff from recovering punitive damages and also will mitigate actual damages. These facts include: the defendant acted without malice; the plaintiff did not request a retraction; or the defendant published a retraction in a manner as conspicuous as that of the defamatory statement. Section 2 of the Act defines the tort of abusive litigation. A plaintiff may sue in tort if a defendant, with malice, levied a claim …
Crimes And Offenses Reckless Abandonment Of A Child: Provide Elements Of The Offense And Criminal Penalties, R. Conte
Georgia State University Law Review
The Act sets forth the elements of the felony criminal offense of reckless abandonment of a child under one year of age. The Act also imposes a criminal penalty of not less than ten nor more than twenty-five years imprisonment upon any individual who is found guilty of the offense.
Buildings And Housing Georgia Residential Finance Authority Act: Increase Authority To Issue Bonds To Provide Facilities For The Elderly And Mentally Disabled, M. Hathaway
Georgia State University Law Review
The Act adds language to the Georgia Residential Finance Authority (GRFA) statute permitting the GRFA to issue bonds for two additional types of housing activities. The new bonding authority allows the GRFA to finance home equity conversion mortgages for the elderly and residential facilities for the mentally disabled. Funding limits for these new programs fall under pre-existing bond ceilings of the Authority. The Act establishes funding limits for the program and also postpones the due date for the state housing goal report from 1989 to 1990. The Act requires the filing of these reports each even-numbered year thereafter.
Commerce And Trade Fair Business Practices Act: Amended To Regulate "Going Out Of Business" Sales, T. Wallace
Commerce And Trade Fair Business Practices Act: Amended To Regulate "Going Out Of Business" Sales, T. Wallace
Georgia State University Law Review
The Act defines and sets forth regulations for going out of business sales. The penalties provided under the Fair Business Practices Act of 1975 apply to violations of the new Code subsections.
Conservation And Natural Resources Georgia Water Quality Control Act: Authorize Mandated Sale Of Low Phosphorus Detergents, W. Linkous
Georgia State University Law Review
The Act authorizes local governmental entities in Georgia to mandate that retailers sell only low phosphorus household laundry detergents under certain circumstances. The Act provides for local ordinances and the contents of such ordinances.
State Government Open Meetings Legislation In The 1989 Session Of The Georgia General Assembly, C. Keen
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 …
Commerce And Trade Georgia Seed Capital Fund: Create, D. Whiting-Pack
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.
Property Title Registration: Amend Provisions, A. Stafford
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.
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.
Courts Prosecution Of Traffic Offenses And Juvenile Proceedings, R. Barbe
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.
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.
Motor Vehicles And Traffic Serious Injury By Vehicle: Define Crime, J. Bagwell
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.
Nuisances Health Hazard: Enable Counties And Municipalities To Require Owners To Repair Or Demolish Buildings Used For Illegal Drug Activities, M. Hathaway
Georgia State University Law Review
The Act amends the statutory definition of an unfit building to include vacant, dilapidated structures that are used in connection with the commission of drug crimes; a county or municipality may require the repair, closing, or demolition of buildings found to be unfit. The Act also provides investigative standards for determining when a building is unfit and for notice requirements.
Corporations, Partnerships And Associations Partnerships: Revise Georgia Uniform Partnership Act, T. Mallory
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 …
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.
Insurance Insurance Regulation: Revise Agent Licensing Requirements, W. Petty
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
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.
Conservation And Natural Resources Solid Waste Management: Regulate Landfills, V. Jones
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 Historic Preservation Legislation, B. Herrin
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.
Contracts Trade Secrets: Provide Definition, A. Chapar
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.