Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 706

Full-Text Articles in Law

Penal Institutions Correctional Institutions Of State And Counties: Amend Article 3 Of Chapter 5 Of Title 42 Of The Official Code Of Georgia Annotated, Relating To Conditions Of Detention Generally, So As To Provide That Certain Incarcerated Persons Shall Be Tested For Hiv Before Release; Provide For Notice And Counseling; Require The Department Of Corrections To Seek Funding For Such Hiv Testing Program; Provide For A Definition; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Kevin Bradberry, Tara Guffrey Oct 2009

Penal Institutions Correctional Institutions Of State And Counties: Amend Article 3 Of Chapter 5 Of Title 42 Of The Official Code Of Georgia Annotated, Relating To Conditions Of Detention Generally, So As To Provide That Certain Incarcerated Persons Shall Be Tested For Hiv Before Release; Provide For Notice And Counseling; Require The Department Of Corrections To Seek Funding For Such Hiv Testing Program; Provide For A Definition; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Kevin Bradberry, Tara Guffrey

Georgia State University Law Review

The Act requires the Department of Corrections to administer an HIV test to prison inmates within thirty days before their release from prison if they were incarcerated for at least one year. Inmates must be notified of the results of the HIV test in writing, and information pertaining to positive test results must be provided to the Department of Human Resources, as required by Georgia law. Before an HIV-positive inmate is released from prison, he must be given educational and medical information on his condition. Additionally, HIV-positive inmates must receive instruction on HIV prevention before their release. The Department of …


Crimes And Offenses, Criminal Procedure Crimes Against The Person, Sentence And Punishment: Amend Section 1 Of Article 1 Of Chapter 5 Of Title 16, And Chapter 10 Of Title 17 Of The Official Code Of Georgia Annotated, Relating To Murder And Felony Murder And Sentencing And Punishment, Respectively, So As To Provide For The Imposition Of Life Without Parole Of Persons Convicted Of Murder Independently Of A Death Penalty Prosecution; Provide That The Sentence Of Life Without Parole May Be Imposed Without The Necessity Of The Trier Of Facts Making A Recommendation Of Such Sentence Or Finding Statutory Aggravating Circumstances; Change Certain Provisions Relating To Punishment For Serious Violent Offenders; Repeal Certain Provisions Relating To Imprisonment For Life Without Parole And Finding Statutory Aggravating Circumstances; Provide For Certain Information To Be Reported To The Court Under Certain Circumstances; Repeal Provisions Relating To Duties Of The Judge And Certain Jury Instructions; Repeal Provisions Relating To Sentencing Of Person Subject To Death Penalty Or Life Without Parole Upon A Plea Of Guilty And The Duties Of The Judge; Provide For Related Matters; Provide An Effective Date; Provide For Applicability; Repeal Conflicting Laws; And For Other Purposes., Don Brown, Dmitri Epstein Oct 2009

Crimes And Offenses, Criminal Procedure Crimes Against The Person, Sentence And Punishment: Amend Section 1 Of Article 1 Of Chapter 5 Of Title 16, And Chapter 10 Of Title 17 Of The Official Code Of Georgia Annotated, Relating To Murder And Felony Murder And Sentencing And Punishment, Respectively, So As To Provide For The Imposition Of Life Without Parole Of Persons Convicted Of Murder Independently Of A Death Penalty Prosecution; Provide That The Sentence Of Life Without Parole May Be Imposed Without The Necessity Of The Trier Of Facts Making A Recommendation Of Such Sentence Or Finding Statutory Aggravating Circumstances; Change Certain Provisions Relating To Punishment For Serious Violent Offenders; Repeal Certain Provisions Relating To Imprisonment For Life Without Parole And Finding Statutory Aggravating Circumstances; Provide For Certain Information To Be Reported To The Court Under Certain Circumstances; Repeal Provisions Relating To Duties Of The Judge And Certain Jury Instructions; Repeal Provisions Relating To Sentencing Of Person Subject To Death Penalty Or Life Without Parole Upon A Plea Of Guilty And The Duties Of The Judge; Provide For Related Matters; Provide An Effective Date; Provide For Applicability; Repeal Conflicting Laws; And For Other Purposes., Don Brown, Dmitri Epstein

Georgia State University Law Review

The Act provides for the imposition of life without parole for persons convicted of murder independent of a death penalty prosecution. The Act provides that the sentence of life without parole may be imposed without the necessity of the trier of fact making a recommendation of such sentence or finding statutory aggravating circumstances. The Act provides jury instructions as to the definitions of “life imprisonment” and “life without parole.” The Act amends existing law relating to prehearing sentences in felony cases. The Act repeals all conflicting laws.


Education Amend Part 3 Of Article 16 Of Chapter 2 Of Title 20, Relating To The Health Of Students In Elementary And Secondary Education, So As To Require Local School Systems To Conduct An Annual Fitness Assessment And To Comply With State Physical Education Instruction Requirements; Provide For Reporting Of Results; Provide For An Annual Report To The Governor; Provide For A Recognition Program; Provide For Automatic Repeal; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Rosanne Cross, Ben Lorber Oct 2009

Education Amend Part 3 Of Article 16 Of Chapter 2 Of Title 20, Relating To The Health Of Students In Elementary And Secondary Education, So As To Require Local School Systems To Conduct An Annual Fitness Assessment And To Comply With State Physical Education Instruction Requirements; Provide For Reporting Of Results; Provide For An Annual Report To The Governor; Provide For A Recognition Program; Provide For Automatic Repeal; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Rosanne Cross, Ben Lorber

Georgia State University Law Review

The Act requires each local school system to conduct an annual fitness assessment program of students in elementary and secondary school during a course taught by a certified physical education teacher in which the student is enrolled. Each local school system must report the individual results of each fitness assessment to the parent or guardian of each student assessed and the aggregate results of the fitness assessments by school to the State Board of Education. The State Board of Education shall adopt standards with which to assess the student health and physical education and shall submit an annual report to …


Domestic Relations Adoption: Amend Chapter 8 Of Title 19 Of The Official Code Of Georgia Annotated, Relating To Adoption, So As To Enact The “Option Of Adoption Act”; Provide A Short Title; Define Certain Terms; Provide That A Legal Embryo Custodian May Relinquish Rights To An Embryo; Provide For Procedures; Provide That A Child Born As A Result Of Such Relinquished Embryo Shall Be The Legal Child Of The Recipient; Provide For An Expedited Order Of Parentage; Amend The Official Code Of Georgia Annotated So As To Conform Provisions And Correct Cross-References; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Jeff Kuntz, Chittam Thakore, Chiaman Wang Oct 2009

Domestic Relations Adoption: Amend Chapter 8 Of Title 19 Of The Official Code Of Georgia Annotated, Relating To Adoption, So As To Enact The “Option Of Adoption Act”; Provide A Short Title; Define Certain Terms; Provide That A Legal Embryo Custodian May Relinquish Rights To An Embryo; Provide For Procedures; Provide That A Child Born As A Result Of Such Relinquished Embryo Shall Be The Legal Child Of The Recipient; Provide For An Expedited Order Of Parentage; Amend The Official Code Of Georgia Annotated So As To Conform Provisions And Correct Cross-References; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Jeff Kuntz, Chittam Thakore, Chiaman Wang

Georgia State University Law Review

The Act permits legal custodians of a human embryo to transfer their rights in the embryo to an intended parent before the transfer of that embryo. To effectuate the transfer of rights in the embryo and any resulting child, the Act requires that the legal custodians and the intended parent enter into a written contract before the embryo is transferred. When such a written contract is in place, the Act provides that a child resulting from the embryo transfer will be presumed to be the child of the intended parent and that parent may petition for an expedited order of …


Criminal Procedure Indigent Defense: Amend Chapter 12 Of Title 17 Of The Official Code Of Georgia Annotated, The “Georgia Indigent Defense Act Of 2003,” So As To Extensively Revise Said Act; Reconstitute The Georgia Public Defender Standards Council With New Membership; Change The Powers And Duties Of The Council And Provide That It Shall Be An Advisory Body; Provide For The Georgia Public Defender Standards Agency As An Agency Of The State; Provide For Its Director And The Powers And Duties And Operations Of The Agency And The Director; Provide That The Director Shall Have The Control And Management Of The Agency And Shall Exercise Supervision With Respect To Circuit Public Defenders And Carry Out Other Duties Formerly Vested In The Council; Provide For Procedures For The Removal Of A Circuit Public Defender From Office; Provide For Other Related Matters; Provide For Effective Dates; Repeal Conflicting Laws; And For Other Purposes., Lisa Caucci, Shannon Creasy Oct 2009

Criminal Procedure Indigent Defense: Amend Chapter 12 Of Title 17 Of The Official Code Of Georgia Annotated, The “Georgia Indigent Defense Act Of 2003,” So As To Extensively Revise Said Act; Reconstitute The Georgia Public Defender Standards Council With New Membership; Change The Powers And Duties Of The Council And Provide That It Shall Be An Advisory Body; Provide For The Georgia Public Defender Standards Agency As An Agency Of The State; Provide For Its Director And The Powers And Duties And Operations Of The Agency And The Director; Provide That The Director Shall Have The Control And Management Of The Agency And Shall Exercise Supervision With Respect To Circuit Public Defenders And Carry Out Other Duties Formerly Vested In The Council; Provide For Procedures For The Removal Of A Circuit Public Defender From Office; Provide For Other Related Matters; Provide For Effective Dates; Repeal Conflicting Laws; And For Other Purposes., Lisa Caucci, Shannon Creasy

Georgia State University Law Review

The bill would have removed the Georgia Public Defender Standards Council’s authority over the public defender system and changed it to an advisory body only. The public defender system itself would have changed from an independent entity to a state agency named the Georgia Public Defender Agency.


Privacy Programs And Protection For Children And Youth: Amend Article 2 Of Chapter 5 Of Title 49, Relating To Child Abuse And Deprivation Records, So As To Define A Certain Term, Provide For Access By Certain Governmental Entities And Certain Persons To Records Concerning Reports Of Child Abuse; Provide That Certain Records Relating To Child Fatality Or Near Fatality Shall Not Be Confidential; Repeal Conflicting Laws; And For Other Purposes., Carla Chen, Russell Wrenn Oct 2009

Privacy Programs And Protection For Children And Youth: Amend Article 2 Of Chapter 5 Of Title 49, Relating To Child Abuse And Deprivation Records, So As To Define A Certain Term, Provide For Access By Certain Governmental Entities And Certain Persons To Records Concerning Reports Of Child Abuse; Provide That Certain Records Relating To Child Fatality Or Near Fatality Shall Not Be Confidential; Repeal Conflicting Laws; And For Other Purposes., Carla Chen, Russell Wrenn

Georgia State University Law Review

The Act expands the definition of “child abuse” by providing for a definition of “near fatality.” It also changes who may access records of child abuse and deprivation to include any governmental agency and certain other persons as defined by the Act. Additionally, it makes cases of near fatality accessible to these agencies and individuals. In doing so, the Act prohibits personally identifiable information from disclosure in these cases.


Public Utilities And Public Transportation Public Service Commission: Enact The “Georgia Nuclear Energy Financing Act”; Amend Section 25 Of Chapter 2 Of Title 46, Relating To The Procedure For Changing Any Rate, Charge, Classification, Or Service, So As To Provide For A Utility To Recover From Its Customers The Costs Of Financing Associated With The Construction Of A Nuclear Generating Plant; Provide A Short Title; Provide For The Calculation And Collection Of The Financing Costs; Provide For The Georgia Public Service Commission To Exercise Discretion In Setting The Level Of Assistance For Senior And Low Income Customers; Provide The Commission With The Authority To Authorize Any Specific Accounting Treatment For The Costs Recovered; Provide For Review By The Commission As To Whether The Costs Recovered Are Being Properly Recorded; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Suzanne N. Boyd, Sara Sorenson Oct 2009

Public Utilities And Public Transportation Public Service Commission: Enact The “Georgia Nuclear Energy Financing Act”; Amend Section 25 Of Chapter 2 Of Title 46, Relating To The Procedure For Changing Any Rate, Charge, Classification, Or Service, So As To Provide For A Utility To Recover From Its Customers The Costs Of Financing Associated With The Construction Of A Nuclear Generating Plant; Provide A Short Title; Provide For The Calculation And Collection Of The Financing Costs; Provide For The Georgia Public Service Commission To Exercise Discretion In Setting The Level Of Assistance For Senior And Low Income Customers; Provide The Commission With The Authority To Authorize Any Specific Accounting Treatment For The Costs Recovered; Provide For Review By The Commission As To Whether The Costs Recovered Are Being Properly Recorded; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Suzanne N. Boyd, Sara Sorenson

Georgia State University Law Review

The Act allows for a power utility company to charge its customers for the financing costs of building a nuclear power plant during construction of the plant. The Act allows the financing costs to be recovered through an accounting method called Construction Work in Progress (CWIP).


Motor Vehicles And Traffic Drivers’ Licenses: Amend Chapter 5 Of Title 40 Of The Official Code Of Georgia Annotated, Relating To Drivers’ Licenses, So As To Provide That Examinations For Drivers’ Licenses Shall Be Administered Only In The English Language; Provide For An Exception; Provide For Usage Of Licensed Defensive Driving Courses In Pretrial Diversion Programs; Provide That Certificates Of Completion From Unlicensed Courses Shall Not Be Recognized; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Kevin Morris, Christina Rupp Oct 2009

Motor Vehicles And Traffic Drivers’ Licenses: Amend Chapter 5 Of Title 40 Of The Official Code Of Georgia Annotated, Relating To Drivers’ Licenses, So As To Provide That Examinations For Drivers’ Licenses Shall Be Administered Only In The English Language; Provide For An Exception; Provide For Usage Of Licensed Defensive Driving Courses In Pretrial Diversion Programs; Provide That Certificates Of Completion From Unlicensed Courses Shall Not Be Recognized; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Kevin Morris, Christina Rupp

Georgia State University Law Review

The Bill requires that driver’s license exams be taken only in the English language. An exception is provided for temporary drivers’ licenses, which may be taken in a language other than English. The Bill also requires that defensive driving classes assigned as part of pretrial diversion programs be licensed by the state.


Highways, Bridges, And Ferries Department Of Transportation: Amend Title 32 Relating To Highways, Bridges, And Ferries, So As To Provide For A Division And A Director Of Planning; Provide For The Development Of Transportation Plans For The State; Specify Certain Duties For The Commissioner Of Transportation; Specify Certain Duties For The State Transportation Board; Provide For An Organizational Structure Within The Department; Provide A Timetable For Completion And Reporting Of Transportation Plans; Provide For Investment Policies To Guide Transportation Planning; Provide For The Appointment Of The Director Of Planning; Provide For Identifying And Constructing Projects With Private Investment; Provide For Priority Of Expenditures; Provide For The Development Of Allocation Formulas For Available Funding; Amend Article 2 Of Chapter 32 Of Title 50, Relating To The Jurisdiction Of The Georgia Regional Transportation Authority, So As To Remove A Planning Function Of The Authority; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Kris Alderman, Erin Elwood, Crystal D. Filberto, Nicholas Lacis Oct 2009

Highways, Bridges, And Ferries Department Of Transportation: Amend Title 32 Relating To Highways, Bridges, And Ferries, So As To Provide For A Division And A Director Of Planning; Provide For The Development Of Transportation Plans For The State; Specify Certain Duties For The Commissioner Of Transportation; Specify Certain Duties For The State Transportation Board; Provide For An Organizational Structure Within The Department; Provide A Timetable For Completion And Reporting Of Transportation Plans; Provide For Investment Policies To Guide Transportation Planning; Provide For The Appointment Of The Director Of Planning; Provide For Identifying And Constructing Projects With Private Investment; Provide For Priority Of Expenditures; Provide For The Development Of Allocation Formulas For Available Funding; Amend Article 2 Of Chapter 32 Of Title 50, Relating To The Jurisdiction Of The Georgia Regional Transportation Authority, So As To Remove A Planning Function Of The Authority; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Kris Alderman, Erin Elwood, Crystal D. Filberto, Nicholas Lacis

Georgia State University Law Review

The Department of Transportation will consist of the State Transportation Board, which includes a new position, the Director of Planning. The Director of Planning will supervise the new Planning Division, which will have responsibility for developing statewide improvement programs and making strategic planning decisions. The Governor will appoint the Director, subject to approval. The Director will be required to prepare and submit a report for comments and suggestions by the House and Senate Transportation Committees and the Governor. The Director will deliver a final version of the report to the Governor, Lt. Governor, Speaker of the House, and House and …


State Government New State Flag: Change Design And Description Of State Flag; Change Design And Description Of State Seal; Provide For The Preservation And Protection Of Certain Public Monuments And Memorials; Require Agencies Eligible For Receipt Of State Funds To Display State Flag; Limit State Appropriations For Agencies Failing To Comply With Provisions; Provide For Enforcement, Darren Summerville Jan 2009

State Government New State Flag: Change Design And Description Of State Flag; Change Design And Description Of State Seal; Provide For The Preservation And Protection Of Certain Public Monuments And Memorials; Require Agencies Eligible For Receipt Of State Funds To Display State Flag; Limit State Appropriations For Agencies Failing To Comply With Provisions; Provide For Enforcement, Darren Summerville

Georgia State University Law Review

The Act establishes a new design for the Georgia state flag, replacing the version adopted by the General Assembly in 1956. The Act also slightly modifies the design and description of the state seal; the new great seal is incorporated as a substantial portion of the new flag design. The Act also amends the Georgia Budget Act by requiring those state agencies eligible for the receipt of state funds to display the new flag; those agencies in noncompliance with this mandate are subject to denial of further appropriations. Finally, the Act preserves and protects existing state and local memorials and …


Public Utilities And Public Transportation Distribution, Storage And Sale Of Gas: Amend The "Natural Gas Competition And Deregulation Act"; Provide That A Retail Customer May Change Marketers Once A Year Without Penalty; Limit The Amount Of Deposit; Provide For Deposit Refunds; Require Certain Disclosures By The Public Service Commission; Authorize Said Commission To Regulate The Gas Market Under Certain Conditions; Regulate Marketer Billing Practices; Change The Provisions Of The Universal Service Fund, Matthew D. Lane Jr. Jan 2009

Public Utilities And Public Transportation Distribution, Storage And Sale Of Gas: Amend The "Natural Gas Competition And Deregulation Act"; Provide That A Retail Customer May Change Marketers Once A Year Without Penalty; Limit The Amount Of Deposit; Provide For Deposit Refunds; Require Certain Disclosures By The Public Service Commission; Authorize Said Commission To Regulate The Gas Market Under Certain Conditions; Regulate Marketer Billing Practices; Change The Provisions Of The Universal Service Fund, Matthew D. Lane Jr.

Georgia State University Law Review

The Act amends the Natural Gas Competition and Deregulation Act of 1997 by codifying several consumer protection measures. The Act permits consumers to change marketers once a year without incurring a service fee, and it limits the deposit amount a marketer may charge. The Act sets forth criteria for determining when the gas market is not competitive and when the Public Service Commission may regulate an uncompetitive market. The Act regulates marketer billing practices and requires marketers to publish certain information related to their billing practices. The Act also mandates that the universal service fund be used primarily to assist …


Constitution Of The State Of Georgia A Resolution: Amend The Constitution Of Georgia So As To Protect Lottery Funds So That They May Be Reserved Only For The Hope Scholarship Program And Other Tuition Grants, Scholarships Or Loans To Enable Citizens Of This State To Attend Colleges And Universities Within This State, For Voluntary Pre-Kindergarten, And For Educational Shortfall Reserves; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Kevin A. Mcgill Sep 2006

Constitution Of The State Of Georgia A Resolution: Amend The Constitution Of Georgia So As To Protect Lottery Funds So That They May Be Reserved Only For The Hope Scholarship Program And Other Tuition Grants, Scholarships Or Loans To Enable Citizens Of This State To Attend Colleges And Universities Within This State, For Voluntary Pre-Kindergarten, And For Educational Shortfall Reserves; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Kevin A. Mcgill

Georgia State University Law Review

The resolutions were proposed to amend the Georgia Constitution to restrict the use of lottery proceeds to fund core areas, including the HOPE Scholarship Program; other college and university tuition grants, scholarships, and loans; pre-kindergarten programs; and the state educational shortfall reserve. The resolutions would have removed language from the Georgia Constitution that allows these funds to be used to provide training on the use of computers and electronic instructional materials to K-12 teachers, technical institute personnel, and university professors and instructors. The resolutions also would have removed language permitting lottery funds to be used for capital projects at educational …


2006 Georgia House And Senate Bill Index, Georgia State University Law Review Sep 2006

2006 Georgia House And Senate Bill Index, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Public Officials State Of Georgia Division Of Archives And History: Authorize The Display Of Certain Historical Documents As Part Of The Foundation Of American Law And Government; Provide A Context For Historical Documents; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Erica Boughner Sep 2006

Public Officials State Of Georgia Division Of Archives And History: Authorize The Display Of Certain Historical Documents As Part Of The Foundation Of American Law And Government; Provide A Context For Historical Documents; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Erica Boughner

Georgia State University Law Review

The Act authorizes local municipalities and political subdivisions to post documents considered to be relative to the foundations of American law and government. The authorized documents include the Mayflower Compact, the Ten Commandments as extracted from Exodus Chapter 20, the Declaration of Independence, the Magna Carta, The Star Spangled Banner by Francis Scott Key, the national motto, the Preamble to the Georgia Constitution, the Bill of Rights of the United States Constitution, and the description on the image of Lady Justice. The Foundations of American Law and Government display is to include these nine documents together with a context for …


Crimes And Offenses Forgery And Fraudulent Practices: Enact The Georgia Child, Family, And School Communications Protection Act; Provide A Short Title; Provide For Definitions; Create A Service To Protect Child, Family, And School Communications; Provide Conditions For Registration; Provide For A Fee; Provide For Procedures; Provide For Verification From The Contents Of The Service; Prohibit The Transmission Of Certain Messages; Provide For Exceptions; Prohibit The Release Of Certain Information; Shield Certain Information From Public Inspection; Provide For A Penalty; Provide For Civil Actions; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Frank Cobia Sep 2006

Crimes And Offenses Forgery And Fraudulent Practices: Enact The Georgia Child, Family, And School Communications Protection Act; Provide A Short Title; Provide For Definitions; Create A Service To Protect Child, Family, And School Communications; Provide Conditions For Registration; Provide For A Fee; Provide For Procedures; Provide For Verification From The Contents Of The Service; Prohibit The Transmission Of Certain Messages; Provide For Exceptions; Prohibit The Release Of Certain Information; Shield Certain Information From Public Inspection; Provide For A Penalty; Provide For Civil Actions; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Frank Cobia

Georgia State University Law Review

The bill as passed by the Senate would create a registry of electronic contact points for children and prevent anyone wishing to send messages advertising content that is illegal for a minor to purchase, view, possess, participate in or receive from sending to a registered contact point. The system would be funded by charging senders a fee for scrubbing their address lists. The bill provides for both criminal and civil penalties. The bill was modified in the House committee to replace the registry with a requirement that messages advertising such things as pornography, gambling and prostitution must contain ADV:ADLT in …


Table Of 2006 Georgia Code Sections Affected, Georgia State University Law Review Sep 2006

Table Of 2006 Georgia Code Sections Affected, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Eminent Domain General Provisions And Condemnation Procedure: Provide A Comprehensive Revision Of Provisions Regarding The Power Of Eminent Domain, Jody Arogeti, Anita Bhushan, Jill M. Irvin, Jessica Kattula Sep 2006

Eminent Domain General Provisions And Condemnation Procedure: Provide A Comprehensive Revision Of Provisions Regarding The Power Of Eminent Domain, Jody Arogeti, Anita Bhushan, Jill M. Irvin, Jessica Kattula

Georgia State University Law Review

The Act amends the definition of blight, and adds a definition of public use and economic development. The Act amends the process and the powers of eminent domain. The Act increases the procedural requirements of eminent domain, including new notice provisions, additional rights for the condemnee, and new requirements for the condemnor. The Act increases procedural safeguards for property owners by enhancing notice requirements. The Act takes the power of eminent domain out of the hands of development authorities and gives the power to elected officials.


State Government Open And Public Meetings: Provide A New Exclusion From Open Meeting Requirements; Provide A New Exemption From Public Records Inspection For Certain Records Of An Agency Engaged In A Program Of Economic Development; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Richard Campbell Sep 2005

State Government Open And Public Meetings: Provide A New Exclusion From Open Meeting Requirements; Provide A New Exemption From Public Records Inspection For Certain Records Of An Agency Engaged In A Program Of Economic Development; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Richard Campbell

Georgia State University Law Review

The bill would have created a new exemption from the open records requirements for records of agencies that were engaged in a economic development program and a parallel exclusion from open meeting requirements for agency meetings that discuss any of the newly exempted records. The bill excluded records that would identify or reveal entities contacted or solicited by the agency for development, records that included terms of any agreements being negotiated between the agency and any other entity, and records or data produced in the process of study or research on commercial, economic, or marketing aspects of an economic development …


Elections Georgia Election Code: Revise The Forms Of Identification That Are Acceptable In Order To Register And To Vote In This State; And For Other Purposes, Christopher M. Bracci Sep 2005

Elections Georgia Election Code: Revise The Forms Of Identification That Are Acceptable In Order To Register And To Vote In This State; And For Other Purposes, Christopher M. Bracci

Georgia State University Law Review

Section 59 of this Act, the only section with which this Peach Sheet is concerned, revises the acceptable forms of identification to register and to vote in the State of Georgia. As a result of this section, only the following forms of identification will be sufficient to register and vote in Georgia: (1) a valid Georgia driver's license that was properly issued by the appropriate state agency; (2) a valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States that is authorized by law to issue personal …


Crimes And Offenses Offenses Against Public Health And Morals: Provide That A Video Game Retailer Shall Display A Sign Explaining Each Rating System Which Appears On A Video Game Offered By Such Retailer; Provide That It Shall Be Unlawful For Any Person Knowingly To Sell, Rent, Or Loan For Monetary Consideration An Excessively Violent Video Game Or A Video Game Containing Material Which Is Harmful To Minors; Provide For Penalties; Repeal Conflicting Laws; And For Other Purposes, W. Andrew Pequignot Sep 2005

Crimes And Offenses Offenses Against Public Health And Morals: Provide That A Video Game Retailer Shall Display A Sign Explaining Each Rating System Which Appears On A Video Game Offered By Such Retailer; Provide That It Shall Be Unlawful For Any Person Knowingly To Sell, Rent, Or Loan For Monetary Consideration An Excessively Violent Video Game Or A Video Game Containing Material Which Is Harmful To Minors; Provide For Penalties; Repeal Conflicting Laws; And For Other Purposes, W. Andrew Pequignot

Georgia State University Law Review

The Act requires video game retailers to display a sign explaining each rating system that appears on video games the retailers offer. SB 105 would have made it unlawful to knowingly sell, rent, or loan for monetary consideration any excessively violent video game or video game containing material which is harmful to minors.


The Following Article Addresses A Package Of Immigration Bills That Would Have Affected A Variety Of Titles In The Official Code Of Georgia Annotated, Susan S. Blum Sep 2005

The Following Article Addresses A Package Of Immigration Bills That Would Have Affected A Variety Of Titles In The Official Code Of Georgia Annotated, Susan S. Blum

Georgia State University Law Review

HR 256 - The resolution would have proposed an amendment to the Constitution of the State of Georgia to bar undocumented immigrants from the following: receiving any public services provided by the state, receiving any publicly funded health care services provided by the state, accessing public elementary and secondary schools of the state, and attending any public postsecondary institution of the state. The resolution would have presented the proposed constitutional amendment to Georgia voters for ratification or rejection. SB 169 - The bill would have prohibited any department, agency, instrumentality, or political subdivision of the State of Georgia from entering …


Constitution Of The State Of Georgia A Resolution: Amend The Constitution Of The State Of Georgia To Prevent Discrimination In The Public Funding Of Social Services By Allowing Religious Or Sectarian Organizations To Receive Public Aid, Directly Or Indirectly, For The Provision Of Such Services; To Provide For The Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Newman Baker Iii, Jodi Dixon Sep 2005

Constitution Of The State Of Georgia A Resolution: Amend The Constitution Of The State Of Georgia To Prevent Discrimination In The Public Funding Of Social Services By Allowing Religious Or Sectarian Organizations To Receive Public Aid, Directly Or Indirectly, For The Provision Of Such Services; To Provide For The Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Newman Baker Iii, Jodi Dixon

Georgia State University Law Review

The amendment would have amended the Georgia Constitution to allow religious and sectarian organizations to receive state funding for social services. Currently, such organizations cannot receive state funding for social services.


Eminent Domain Nature Of Right Of Eminent Domain: Change Certain Provisions Relating To The Nature Of The Right Of Eminent Domain; Provide For The Limitation Of Public Purposes For Which Eminent Domain May Be Exercised; Provide For Statutory Construction; Provide For Legislative Intent; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Jack Nichols Sep 2005

Eminent Domain Nature Of Right Of Eminent Domain: Change Certain Provisions Relating To The Nature Of The Right Of Eminent Domain; Provide For The Limitation Of Public Purposes For Which Eminent Domain May Be Exercised; Provide For Statutory Construction; Provide For Legislative Intent; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Jack Nichols

Georgia State University Law Review

The bill would have limited the state's ability to take private property under the eminent domain power of the state. In times of peace, the bill would have allowed the General Assembly to authorize proper authorities to take any land for the following public purposes: construction of roads, defenses, channels for trade or travel, and other public purposes. The General Assembly would determine other public purposes, but the General Assembly could not define a public purpose as either increasing the tax base or economic development. Specifically, the bill would have prohibited the condemnation of private property when the proposed developmental …


Health Health: Enact The "Georgia Smokefree Air Act Of 2005"; Provide For Definitions; Prohibit Smoking In Certain Facilities And Areas; Provide For Exceptions; Provide That Entire Establishments, Facilities, Or Outdoor Areas Shall Be Nonsmoking; Provide For Posting Of Signs And Removal Of Ashtrays; Provide For An Informational Program; Provide For Enforcement; Provide That This Prohibition Shall Be Cumulative To Other General Or Local Acts, Rules, And Regulations; Provide For Statutory Construction; Provide For Related Matters; Provide For Effective Dates; Repeal Conflicting Laws; And For Other Purposes, Rebecca Smith Sep 2005

Health Health: Enact The "Georgia Smokefree Air Act Of 2005"; Provide For Definitions; Prohibit Smoking In Certain Facilities And Areas; Provide For Exceptions; Provide That Entire Establishments, Facilities, Or Outdoor Areas Shall Be Nonsmoking; Provide For Posting Of Signs And Removal Of Ashtrays; Provide For An Informational Program; Provide For Enforcement; Provide That This Prohibition Shall Be Cumulative To Other General Or Local Acts, Rules, And Regulations; Provide For Statutory Construction; Provide For Related Matters; Provide For Effective Dates; Repeal Conflicting Laws; And For Other Purposes, Rebecca Smith

Georgia State University Law Review

The Act prohibits smoking in all enclosed public places in Georgia. The Act exempts private residences, hotel and motel rooms (as long as the hotel or motel does not designate more than 20% of the rooms as smoking), retail tobacco stores, long term care facilities, outdoor areas of employment, smoking areas in international airports, all workplaces of any manufacturer, importer, or wholesaler of tobacco products, private and semiprivate rooms in healthcare facilities (with written authorization from the treating physician), all bars and restaurants denying access and employment to those under the age of 18, convention facilities denying access and employment …


Education Elementary And Postsecondary Education: Amend The "Quality Basic Education Act"; Change Certain Provisions Relating To Determination Of Enrollment By Institutional Programs; Authorize The Establishment Of The Georgia Virtual School; Provide For Rules And Regulations; Provide For A Georgia Virtual School Grant Account; Provide For Statutory Construction; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Kristen Swift Sep 2005

Education Elementary And Postsecondary Education: Amend The "Quality Basic Education Act"; Change Certain Provisions Relating To Determination Of Enrollment By Institutional Programs; Authorize The Establishment Of The Georgia Virtual School; Provide For Rules And Regulations; Provide For A Georgia Virtual School Grant Account; Provide For Statutory Construction; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Kristen Swift

Georgia State University Law Review

The Act authorizes the State Board of Education to establish a Georgia Virtual School where students may enroll in state-funded courses via the Internet. All Georgia students who are age 21 or younger are eligible to enroll, but the Act gives public school students priority. The Act also authorizes the State Board of Education to establish rules and regulations, including the processes for enrollment and reporting grades on students' transcripts. Students may register for courses in excess of the maximum number of courses allowed per year at a tuition rate the State Board of Education will establish. The Professional Standards …


Education Definitions For The Parameters Of Georgia's Hope Scholarship: Amend Certain Definitions Relating To Hope Scholarships And Grants; Limit The Number Of Quarter Or Semester Hours For Which Hope Scholarships May Be Received At Public And Private Postsecondary Institutions; Provide For Students In Professional Level Programs; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Christopher J. Sullivan Sep 2005

Education Definitions For The Parameters Of Georgia's Hope Scholarship: Amend Certain Definitions Relating To Hope Scholarships And Grants; Limit The Number Of Quarter Or Semester Hours For Which Hope Scholarships May Be Received At Public And Private Postsecondary Institutions; Provide For Students In Professional Level Programs; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Christopher J. Sullivan

Georgia State University Law Review

The bill would have changed definitions associated with implementation of Georgia's HOPE scholarship program. Specifically, it would have limited to 127 the number of semester hours for which a student in Georgia's postsecondary institutions may receive HOPE scholarship funding. If enacted, the bill would have applied to all postsecondary educational programs at private and public schools that grant baccalaureate degrees. The bill would also have eliminated differentiation among program titles such as associate and baccalaureate when considering eligibility for HOPE scholarship funding. The bill's provisions would not have taken effect until the 2005 fall semester. Prior statutory definitions would have …


Crimes And Offenses Georgia Residential Mortgage Fraud Act: Enact The "Georgia Residential Mortgage Fraud Act"; Provide A Short Title; Provide For Definitions; Define The Criminal Offense Of Residential Mortgage Fraud; Provide For Venue; Provide Penalties; Authorize District Attorneys And The Attorney General To Investigate And Prosecute Cases Of Residential Mortgage Fraud; Provide For The Forfeiture Of Real And Personal Property; Amend The "Georgia Rico (Racketeer Influenced And Corrupt Organizations) Act," So As To Include Residential Mortgage Fraud Within The Definition Of Racketeering Activity; Provide For Findings And A Statement Of Purpose; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, J. Haskell Murray Sep 2005

Crimes And Offenses Georgia Residential Mortgage Fraud Act: Enact The "Georgia Residential Mortgage Fraud Act"; Provide A Short Title; Provide For Definitions; Define The Criminal Offense Of Residential Mortgage Fraud; Provide For Venue; Provide Penalties; Authorize District Attorneys And The Attorney General To Investigate And Prosecute Cases Of Residential Mortgage Fraud; Provide For The Forfeiture Of Real And Personal Property; Amend The "Georgia Rico (Racketeer Influenced And Corrupt Organizations) Act," So As To Include Residential Mortgage Fraud Within The Definition Of Racketeering Activity; Provide For Findings And A Statement Of Purpose; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, J. Haskell Murray

Georgia State University Law Review

The Georgia Residential Mortgage Fraud Act defines the crime of residential mortgage fraud. The Act also provides the possible venues for prosecuting residential mortgage fraud in Georgia. Moreover, the Act lays out guidelines for punishing those involved in residential mortgage fraud and gives the district attorneys and the attorney general the power to investigate and prosecute possible cases of residential mortgage fraud. The Act allows for forfeiture of property involved in residential mortgage fraud to the State of Georgia. Furthermore, the Act adds residential mortgage fraud to the Georgia RICO Act.


Labor And Industrial Relations Prohibitions On Local Government Wage And Employment Benefit Mandates: Change Provisions Relating To The Prohibition Of Local Government Wage And Employment Benefit Mandates; Provide That No Local Government Entity May Through Its Purchasing Or Contracting Procedures Seek To Control Or Affect The Wages Or Employment Benefits Provided By Its Vendors, Contractors, Service Providers, Or Other Parties Doing Business With The Local Government Entity; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Keith Muse Sep 2005

Labor And Industrial Relations Prohibitions On Local Government Wage And Employment Benefit Mandates: Change Provisions Relating To The Prohibition Of Local Government Wage And Employment Benefit Mandates; Provide That No Local Government Entity May Through Its Purchasing Or Contracting Procedures Seek To Control Or Affect The Wages Or Employment Benefits Provided By Its Vendors, Contractors, Service Providers, Or Other Parties Doing Business With The Local Government Entity; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Keith Muse

Georgia State University Law Review

This Act prevents Georgia municipalities from enforcing or passing ordinances that give preferences to contractors, bidders, and others who voluntarily pay their employees certain wages and benefits and seek business with the municipality.


State Government State Government: Provide For Neutrality Of State Law With Respect To Freedom Of Decision To Provide Or Not Provide Certain Benefits To Unmarried Persons; Provide That State And Local Government Entities Shall Comply With Such Policy Of Neutrality, Melissa A. Segel Sep 2005

State Government State Government: Provide For Neutrality Of State Law With Respect To Freedom Of Decision To Provide Or Not Provide Certain Benefits To Unmarried Persons; Provide That State And Local Government Entities Shall Comply With Such Policy Of Neutrality, Melissa A. Segel

Georgia State University Law Review

The Act prohibits state and local governments or municipalities from imposing a penalty on organizations or persons who choose to withhold benefits, rights, and privileges from unmarried persons.


Constitution Of The State Of Georgia A Resolution: Amend The Constitution So As To Provide That The Tradition Of Fishing And Hunting And The Taking Of Fish And Wildlife Shall Be Preserved For The People And Shall Be Managed By Law And Regulation For The Public Good; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Clay S. O'Daniel Sep 2005

Constitution Of The State Of Georgia A Resolution: Amend The Constitution So As To Provide That The Tradition Of Fishing And Hunting And The Taking Of Fish And Wildlife Shall Be Preserved For The People And Shall Be Managed By Law And Regulation For The Public Good; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Clay S. O'Daniel

Georgia State University Law Review

The resolution sanctioned a state-wide referendum to amend the Georgia Constitution. The referendum will appear on the general election ballot in November 2006. Although Georgia Code section 27-1-3 recognizes the right to hunt and fish and the importance of the tradition of hunting and fishing to the State of Georgia, proponents contend that the resolution is a necessary step given the potential future threat. The proposed amendment preserves the tradition of hunting and fishing for the people of Georgia and provides management by law and regulation for the public good.