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Full-Text Articles in Law
Insurance Charitable Gift Annuities: Define Certain Terms; Provide That A Qualified Charitable Gift Annuity Issued By A Charitable Organization Shall Not Constitute Engaging In The Business Of Insurance; Provide For Certain Disclosures And Notices; Provide For The Effects Of Failure To Provide Such Notices, John Price
Georgia State University Law Review
The Act, based on the Model Charitable Gifts Act, adds several sections to the Georgia Code to allow defined charitable institutions, including educational institutions, to raise funds through the sale of annuities without being considered to be engaging in the business of insurance. Only institutions with $300,000 in unrestricted assets that have been in continuous operation for at least three years or that are a successor or affiliate of such an organization may make use of the Act.
Education Elementary And Secondary Education: Add Certain Provisions Relating To Local School Councils; Change Certain Provisions Relating To Educational Program Effectiveness Assessment Procedures; Add Certain Provisions Related To School Attendance Zone Transfers; Add Certain Provisions Related To Juvenile Court Jurisdiction Over Parents; Change Certain Provisions Related To Teacher Tenure; Add Certain Provisions Relating To The Creation And Operation Of The Education Coordinating Council And The Office Of Education Accountability, Andrew Ordyna
Georgia State University Law Review
The Act, known as the A Plus Education Reform Act of 2000, implements the most sweeping changes within the Georgia educational systems at the pre-kindergarten, elementary, and post-secondary levels since passage of the Quality Basic Education Act of 1985. Within ninety-eight sections, the Act affects areas ranging form the jurisdiction of juvenile courts within the Georgia educational system to the creation of an Educational Coordinating Council and an Office of Education Accountability. During legislative debate, some sections of the Act were more controversial than others. Due to the size of the Act, only those areas that received the most attention …
Crimes And Offenses Crimes Against The Person: Amend Punishment For Any Person Who Commits The Offense Of Simple Battery Or Battery Against A Sports Official Of An Amateur Contest, David Brown
Georgia State University Law Review
The Act changes two sections of the Georgia Code to impose more severe penalties on individuals convicted of battery against a sports official. The Act makes battery of an amateur sports official a misdemeanor of a high and aggravated nature.
Courts Probate Courts: Amend Provisions To Provide That Certain Cash Bonds Shall Be Transferred Into Interest-Bearing Trust Accounts; Provide That Interest From Such Funds Shall Be Remitted To The Georgia Indigent Defense Council For Distribution To The Counties; Provide For The Remittance Of Certain Information, Jackie Volk
Georgia State University Law Review
The Act provides that when a sheriff transfers cash bonds to a probate court clerk pursuant to Code section 15-16-27, the clerk must deposit the funds into interest-bearing trust accounts. The Act also requires that the interest from those funds be remitted to the Georgia Indigent Defense Council in accordance with subsections (c) through (g) of Code Section 15-6-76.1. The Act provides that the Georgia Indigent Defense Council must allocate all interest received from such funds in accordance with Code Section 15-6-76.1(e).
Insurance Unfair Trade Practices: Prohibit Discrimination Against Victims Of Family Violence In Insurance Coverage, Rates, And Claims, Rebecca Brannan
Insurance Unfair Trade Practices: Prohibit Discrimination Against Victims Of Family Violence In Insurance Coverage, Rates, And Claims, Rebecca Brannan
Georgia State University Law Review
The Act changes the Georgia Code section on unfair practices in the insurance industry by adding a prohibition on discrimination against victims of family violence. Specifically, it makes it unlawful in Georgia for an insurer to refuse applications from individuals, to refuse to insure them, to cancel or restrict existing coverage, to change a different rate or add a differential to premiums, or to limit or deny coverage or claims because the insurer believes an individual has or may be a victim of family violence. The Act further bans taking such adverse insurance actions against an individual or entity because …
Animals Disposal Of Diseased, Disabled, Or Dead Animals: Change Certain Provision Of The Dead Animal Disposal Act To Authorize Additional Methods For The Disposal Of Dead Animals; Repeal Certain Provisions Relating To Carcasses That Are Burned, Teresa Adams
Georgia State University Law Review
The Act, known as the Dead Animal Disposal Act, changes the Georgia Code concerning the disposal of dead animals to allow for additional methods of disposal. The Act also provides for the use of an unlisted disposal method which may use future technology that has been approved by the Commissioner of Agriculture. Finally, the Act repeals the prior requirement that burning carcasses must be attended during the entire burning process.
Evidence Proof Generally: Authorize Noninvasive Procedures In Addition To Blood Tests To Collect Dna Samples And Determine Characteristics; Allow Collection Of Dna Samples Of Convicted Felon In Addition To Sec Offenders; Provide For Sharing Dna Information For Law Enforcement Purposes; Allow Criminal Defendants Access To The Dna Data Bank In Certain Circumstances, Jill Wasserman
Georgia State University Law Review
The Act changes and updates several sections of the Georgia Code pertaining to the establishment of a DNA data bank for law enforcement purposes. Prior to the Act, the Code provided that DNA would be collected through blood samples from prisoners convicted of certain sex offenses. The Act subjects all convicted felons incarcerated in Georgia to DNA collection. In addition, the Act expands the acceptable methods of DNA collection beyond taking blood to include other less invasive procedures, including oral swabs. Further, the Act clarifies the procedures and timing the collecting the samples. It also allows law enforcement agencies to …
Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food: Change Certain Provisions Relating To Unlawful Acts And The Use Or Possession Of Certain Cans, Bottles, And Other Receptacles, Brittany Tuggle
Georgia State University Law Review
The Act amends the Georgia Diary Act of 1960 by clarifying the use and possession of milk, cream, or ice cream contains. The Act allows a business involved in the processing, distribution, or retail sale of diary products to temporarily possess any receptacle that is marked with the brand or trademark of another business until it is returned to the rightful owner or purchased from the rightful owner.
Corporations, Partnerships, And Associations Business Corporations: Provide For The Creation Of One Or More Series Of Shares Within A Class; Provide For The Number Of Shares; Provide That All Shares Of A Series Have Identical Preferences; Provide For Exceptions; Provide For A Non-Exhaustive List Of Characteristics Of The Shares Of A Series, Aimee Stern
Georgia State University Law Review
The Act requires that all shares of a class of a Georgia corporation's stock must have identical references, limitations, and relative rights unless the class is divided into a series. The Act also permits shares within a class. In addition, the Act provides that the board of directors has authority to determine the terms and conditions of rights, options, or warrants issuable pursuant to the Code. The Act limits the transferability of rights, options, or warrants and the power of future directors to vote on redemption of certain rights. The Act also strikes out certain sections referring to the transferability …
Wills, Trusts, And Administration Of Estates Descent And Distribution: Provide For The Vesting In The Heirs Subject To Divestment Of Certain Interests In Real Property Owned By An Intestate Descendent; Provide For Vesting Of Such Interests In An Administrator For The Benefit Of The Heir And Creditors Of The Decedent; Require The Assent Of The Administrator For Revesting In The Heirs; Provide For Recovery Of Possession From The Heirs By The Administrator In Certain Circumstances; Provide That An Order For Sale Or Distribution After Notice Is Conclusive Evidence, John Price
Georgia State University Law Review
The Act repeals a portion of the 1998 Probate Code Revision and provides that any real property belonging to an intestate decedent vests immediately in the decedent's heirs at law. If an administrator is subsequently appointed, the real property will vest in the administrator for the benefit of the decedent's heirs and creditors. Title only revests in the heirs if the administrator assents.
State Government Onegeorgia Authority: Create State Authority To Enhance Rural Development, Kimberly Ruark
State Government Onegeorgia Authority: Create State Authority To Enhance Rural Development, Kimberly Ruark
Georgia State University Law Review
The Act, establishing the OneGeorgia Authority (Authority), provides public funding for rural economic development. The Act provides for the creation of the Authority, delineating the makeup of the board and the powers of the Governor and others to appoint board members and the Director of the Authority. Primary funding, to be approved by the General Assembly each year, will be provided through the state's settlement of tobacco litigation. The Act also allows the Authority to issue bonds, not subject to the Georgia Securities Act of 1975. Funding will be used for infrastructure and other projects designed to attract business to …
Alcoholic Beverages Regulation Of Alcoholic Beverages Generally: Authorize Sale Of Alcoholic Beverages On Election Day Unless Prohibited By County Or Municipality, Robert Hodges
Georgia State University Law Review
The Act amends Code section 3-3-20 to permit the sale of alcoholic beverages on election day in counties and municipalities that allow sale of alcoholic beverages. The Act also authorizes counties and municipalities to prohibit the sale of alcoholic beverages on election day.
Education Elementary And Secondary Education: Prohibit Discrimination Based On Gender In Elementary And Secondary School Athletic Programs Under The "Quality Basic Education Act;" Amend Certain Provisions Relating To Grants And Other Disbursements Of Funds By The Department Of Community Affairs, Scott Masterson
Georgia State University Law Review
The Equity in Sports Act requires that elementary and secondary schools provide equal sports opportunities for male and female students. The Act reinforces Title IX, federal legislation that prohibits discrimination based on gender in educational environments. The Act enforces existing law by creating sanctions for noncompliance, such as withholding funds from schools and prohibiting those schools from participating in postseason athletic contests.
Conservation And Natural Resources Department Of Natural Resources: Specify Time Period In Which The Director Must Act On Permit And Variance Applications; Provide For A Fee Waiver When The Director Does Not Act Within The Time Specified, Sherri Buda
Georgia State University Law Review
The Act specifies a time limit within which the Director of the Environmental Protection Division of the Department of Natural Resources must act on permit or variance applications. The Act also requires the Director to refund all application fees, except those required by federal law, when the Director fails to act in the time allotted.
Courts Magistrate Courts: Provide For The Filing Of Actions, Claims, Answers, Pleadings, Postjudgment Interrogatories, And Other Documents By Electronic Means; Provide For The Electronic Signature And Verification Of Such Pleadings And Provide For Methods Of Service And Docketing Of Such Pleadings; Provide For The Burden Of Proof If Authenticity Is Challenged; Provide For The Assessment And Collection Of Fees In Connection With Such Pleadings, Scott Masterson
Georgia State University Law Review
The Act authorizes electronic filing of actions, claims, answers, pleadings, post-judgment interrogatories, and other documents within the jurisdiction of the magistrate courts. The Act also provides for the use of electronic signatures to verify such electronic pleadings and provides the burden of proof if an electronic document's authenticity is challenged. Further, the Act prescribes fee to be assessed in connection with such documents.
Crimes And Offenses Offenses Against Public Order And Safety: Change Penalty Provisions Applicable To The Offense Of Furnishing A Pistol To A Person Under The Age Of 18; Change The Penalty Provisions Applicable To The Offense Of Unlawful Possession Of Firearms Or Weapons; Change The Penalty Provisions Applicable To A Second Or Subsequent Offenses Of Carrying A Concealed Weapon; Change The Penalty Provisions Applicable To Carrying Certain Weapons Within A School Safety Zone; Change The Penalty Provisions Applicable To Possession Of A Firearm By A Convicted Felon; Change The Penalty Provisions Applicable To Possession Of A Firearm By A Person Under 18; Provide That It Is A Felony For A Person Convicted Of Or On First Offender Probation For A Forcible Felony To Attempt To Purchase A Firearm, Seth Kirby
Georgia State University Law Review
The Act increases the minimum penalty for furnishing a pistol or a revolver to a minor from two to three years. The Act also increases the minimum sentence for unlawful possession of firearms from one to five years and raises the minimum sentence for carrying a concealed weapon to two years. The Act increases the minimum sentence for carrying specified weapons into a school zone. Further, the Act makes it a felony for a person convicted of a forcible felony to attempt to obtain a firearm and increases the penalty for these individuals for possessing a firearm. Finally, the Act …
Revenue And Taxation Ad Valorem Taxation Of Property: Change Certain Provisions Relating To Qualifications Of Property As Bona Fide Conservation Use Property; Change Certain Provisions Relative To The Ownership Of Such Property And The Gross Income Derived By A Family Owned Farm Entity, Brittany Tuggle
Georgia State University Law Review
The Act requires a family owned farm entity owning property for conservation use to be owned by one or more natural or naturalized citizens related to each other by blood or marriage. The Act allows an entity such as a corporation, a limited partnership, a limited corporation, or a limited liability company to serve as a general partner of a family limited partnership, but it may not hold more than a five percent interest in that family limited partnership. Finally, the Act requires a family owned entity to derive eighty percent or more of its gross income from bona fide …
Courts Probate Courts: Authorize State Participation In The Consortium For State Court Interpreter Certification; Allow Probate Judges To Assist In Other Probate Courts; Define Office Of Senior Judge Of The Probate Court, Buda Sherri
Georgia State University Law Review
The Act authorizes state participation in the Consortium for State Court Interpreter Certification and other multi-state programs for interpreters. The Act also authorizes probate judges to assist in other probate courts and establishes proper payment for such services. Finally, the Act defines the qualifications necessary for a former probate judge to be appointed as a senior judge of the probate court.
Criminal Procedure Sentence And Punishment: Change Method Of Executing Individuals Convicted Of Capital Crimes From Electrocution To Legal Injection, Rebecca Brannan
Criminal Procedure Sentence And Punishment: Change Method Of Executing Individuals Convicted Of Capital Crimes From Electrocution To Legal Injection, Rebecca Brannan
Georgia State University Law Review
The Act amends state law on the death penalty by providing a different method of execution for capital crimes committed on or after May 1, 2000. Execution of these defendants will be performed by lethal injection instead of electrocution. If either the United State Supreme Court or the Supreme Court of Georgia declares that electrocution is unconstitutional, defendants who were sentenced to death for crimes that were committed before May 1, 2000 will be executed by lethal injection. The Act further provides that the state will not require physicians to participate in the execution of a death sentence by lethal …
Criminal Procedure Sentence And Punishment: Enhance Sentences For Crimes In Which The Trier Of Fact Determines By A Reasonable Doubt That The Defendant Intentionally Selected Any Victim Or Property As The Object Of The Offense Because Of Bias Or Prejudice; Provide Procedures Under Which Enhanced Sentences May Be Sought, Patricia Ammani
Georgia State University Law Review
The Act provides enhanced sentences in cases in which the trier of fact determines that the defendant intentionally selected a victim or property as the object of an offense because of bias or prejudice. The Act requires the state to provide the defendant written notice of its intention to seek enhanced penalties, alleging the specific factors that justify an enhanced sentence. Such notice must be provided after indictment, but not later than arraignment.
Courts Juvenile Proceedings, Parental Rights: Provide That A Physician May Retain Temporary Protective Custody Of A Child Without A Court Order And Without Parental Consent In Certain Situations; Provide A Short Title; Provide For Procedures; Provide For Authority And Duties Of The Department Of Human Resources; Provide For Immunity From Liability, Brooke Voelzke
Georgia State University Law Review
The Act, known as the Terrell Peterson Act, adds two sections to the Georgia Code. These sections allow a physician to retain temporary protective custody of a child without a court order or parental consent if the physician has reasonable cause to believe the child's life or health is in imminent danger as a result of suspected abuse or neglect.
Elections Elections And Primaries Generally: Require Election Superintendents To Provide Election Returns Electronically To The Secretary Of State Within A Specified Amount Of Time For All Elections Or Primaries Held Within That Precinct Beginning In The Current Year And Each Year To Follow, September Guy
Georgia State University Law Review
The Act creates a new Code section to require that, beginning in the 2000 election year, each county's superintendent of elections must electronically provide the Secretary of State, within forty-five days after the closing of the election, results for every federal and state primary, election, special primary, special election, and runoff. Beginning in 2002, the superintendents of election must also report county and local election results electronically to the Secretary of State's office.
Agriculture Sale Of Agricultural And Forest Products; Protect The Vidalia Onion Trademark; Provide For Royalty Or License Fees; Provide For The Commissioner's Powers And Duties, Aimee Stern
Georgia State University Law Review
The Act known as the Vidalia Onion Trademark Act, authorizes the Commissioner of Agriculture to create and protect a trademark for use in connection with the sale of Vidalia onions and Vidalia onion products. The Act also authorizes the Commissioner of Agricultural to impose and collect license fees or royalties for the use of the trademark.
Animals Animal Protection: Prohibit The Obstruction Of The Commissioner Of Agriculture And Employed Officers; Change Certain Provisions Relating To Definitions; Provide For Inspection Warrants And Impounding And Disposal Of Mistreated Animals; Provide For Notice And Hearing To Owners Of Impounded Animals; Change Certain Provisions Relating To Animal Care By Licensed Persons; Provide For Injunctions And Restraining Orders; Prohibit Abandoning Domestic Animals; Prohibit Dog Fighting; Provide For Reporting Of Violations And The Civil And Criminal Immunity Of Reporters; Change Certain Provisions Relating To Cruelty To Animals; Change Certain Provision Relating To Penalties; Provide For Exemptions, Bonnie Lassiter
Georgia State University Law Review
The Act, called the Animal Protection Act, prohibits obstructing the Commissioner of Agriculture or his or her agents, or animal control officers, in the perfection of their duties. The Act also changes a number of sections of the Georgia Code to increase the severity of punishment for animal cruelty offenses by providing that a second animal cruelty offense that results in the animals death will be a misdemeanor of high and aggravated nature and will incur a more sever penalty. Future, the Act creates the felony offense of aggravated cruelty to animals (an act which makes a part of the …
Insurance Domestic Stock And Mutual Insurers: Assign Certain Duties Of The Secretary Of State To The Commission Of Insurance; Provide For Filing Applications For And Amendments To Charters, And Applications For Voluntary Dissolution And Surrender Of Charters; Provide That Certificates Of Incorporation And Charter Amendment Be Issued Under The Seal Of The State; Retrieve The Secretary Of State Of Bookkeeping Duties Relating To Applications And Amendments To Charters, Bonnie Lassiter
Georgia State University Law Review
The Act amends several sections of the Georgia Code to require that insurance companies file charter applications, applications to amend or renew a charter, and applications to surrender a charter with the Commissioner of Insurance rather than the Secretary of State. The Act provides the procedures for filing and approving each of the above. The Act further provides that, upon approval, the Secretary of State shall issue a certificate of incorporation under the seal of the state. Finally, the Act provides the procedures by which a domestic society may amend its laws.
Public Officers And Employees Insuring And Indemnification Of Public Officers And Employees; Provide Compensation For Law Enforcement Officers Who Become Temporarily Physically Disabled, Brooke Voelzke
Georgia State University Law Review
The Act adds several sections to the Georgia Code and provides a program of compensation for law enforcement officers who become temporarily physically disabled as a result of physical injury incurred in the line of duty and caused by a willful act of violence. The new Code sections also provide a program of compensation for firemen who become temporarily physically disabled as a result of a physical injury incurred in the line of duty while fighting a fire.
Courts Prosecuting Attorneys: Change Appointment, Qualifications, Classification, And Compensation Of Assistant District Attorneys; Change Provisions Relating To The Appointment Of District Attorney Investigators; Change Provisions Relating To Administrative, Clerical, And Paraprofessional Personnel Employed By District Attorneys; Provide That Nonstate Paid Personnel Employed In District Attorneys' Offices Shall Serve At The Pleasure Of The District Attorney, Brooks Morel
Georgia State University Law Review
The Act Amends various sections of the Georgia Code relating to district attorneys, and the act eliminates definitions of various terms. The Prosecuting Attorney's Council of the State of Georgia may now consider various factors when authorizing additional assistant district attorneys and district attorney investigators. The Act changes language addressing qualifications and salaries of assistant district attorneys. Additionally, the Act changes language regarding legal secretaries to include various forms of the personnel, such as administrative clerical, and paraprofessional personnel. As with assistant district attorneys and district attorney investigators, the Prosecuting Attorneys' Council of the State of Georgia may now consider …
Motor Vehicles And Traffic Equipment And Inspection Of Motor Vehicles: Change Provisions Regarding Certain Trailers And Semitrailers To Permit Use Of Surge Brakes, David Brown
Georgia State University Law Review
No abstract provided.
Professions And Businesses Athlete Agents: Provide Additional Grounds For Refusing To Register Or For Disciplining An Athlete Agent; Change The Provisions Relating To Criminal Penalties; Change The Provisions Relating To Notice Of The Signing Of An Agent Contract That Is Given To An Institution Of Higher Education And The Georgia Athlete Agent Regulatory Commission; Provide For Certain Terms To Be Included In Agent Contracts; Authorize An Institution Of Higher Education To Bring A Civil Action Against An Athlete Agent For The Recovery Of Damages Due To Violation Of Chapter 4a Of Title 43, Horne Natasha
Georgia State University Law Review
No abstract provided.
Motor Vehicles And Traffic Certificates Of Title, Security Interests, And Liens: Amend Provision Relating To Perfection Of Security Interests In Motor Vehicles Generally; Provide For Perfection Of Delivery Of Notice, Jackie Volk
Georgia State University Law Review
The Act provides that a person or business may perfect a security interest in a motor vehicle by presenting the required fee and (1) the existing title and an application for title containing the name and address of the holder of a security interest or (2) a notice of security interest on forms prescribed by the county tax commissioner. Further, the Act provides that the security interest is perfected at the time of its creation if the delivery of the application or notice to the commissioner or local tag agent is completed within twenty days thereafter. The Act provides that …