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Full-Text Articles in Law
Education Quality Basic Education Act: Amend Provisions, C. Christie
Education Quality Basic Education Act: Amend Provisions, C. Christie
Georgia State University Law Review
SB 588 amends the Quality Basic Education Act to provide information concerning student profiles and school system profiles to the public and to governmental offices. All data will be encoded into the state-wide comprehensive educational informational network to maintain the confidentiality of individual students.
Alcoholic Beverages Alcoholic Beverages: Impose Duty On Seller Or Provider To Verify Age Of Recipient, J. Voyles
Georgia State University Law Review
The Act imposes a duty upon persons furnishing alcoholic beverages to verify that the recipient is twenty-one years of age or older.
Constitution Of Georgia Immunity From Suit: Provide For Partial Waiver, A. Teel
Constitution Of Georgia Immunity From Suit: Provide For Partial Waiver, A. Teel
Georgia State University Law Review
The Resolution proposed an amendment to the Georgia Constitution which would have clarified the waiver of sovereign immunity when a state agency provided liability insurance coverage. Sovereign immunity would be waived by the purchase of insurance which covered the agency itself, but only for claims which were included in the coverage and only to the extent that any damages awarded would actually be paid by the insurer. The purchase of liability insurance covering state officers and employees would waive neither sovereign nor official immunity. The Resolution expressly stated that immunity of counties, municipalities and school districts would not be subject …
Domestic Relations Parent And Child: Expand Scope Of Grandparents' Visitation Rights, C. Henson
Domestic Relations Parent And Child: Expand Scope Of Grandparents' Visitation Rights, C. Henson
Georgia State University Law Review
The Act amends the Code to give grandparents the right to file an original action for visitation rights to a minor grandchild and provides for visitation rights in the event that the minor child is adopted by blood relatives. The Act also defines the term grandparent.
Crimes And Offenses Health Records: Prohibit Destruction, Alteration, Or Falsification, A. Butts-Cater
Crimes And Offenses Health Records: Prohibit Destruction, Alteration, Or Falsification, A. Butts-Cater
Georgia State University Law Review
The Act prohibits the knowing and willful falsification, alteration, or destruction of health records if done with an intent to conceal any material fact relating to a potential claim or cause of action.
Domestic Relations Uniform Child Custody Jurisdiction Act: Expand Definitions, A. Haney
Domestic Relations Uniform Child Custody Jurisdiction Act: Expand Definitions, A. Haney
Georgia State University Law Review
The Act expands certain definitions found in the Uniform Child Custody Jurisdiction Act. The definition of custody-proceedings is expanded to include adoption proceedings and the definition of state is expanded to include foreign countries.
Corporations, Partnerships, And Associations Anti-Takeover Statute: Prohibit Business Combinations, C. White
Corporations, Partnerships, And Associations Anti-Takeover Statute: Prohibit Business Combinations, C. White
Georgia State University Law Review
The Act adds to the Georgia Corporation Code three sections which provide Georgia corporations with protection against hostile takeovers. The prohibitions of the Act freeze-out any type of business combination with interested shareholders unless either ninety percent of the outstanding voting shares are purchased or the Board of Directors approves the combination. The freeze-out lasts five years unless an interested shareholder reaches ninety percent ownership and obtains shareholder approval. The Act only applies to Georgia corporations which specifically incorporate its provisions into their bylaws.
Banking And Finance Trust Companies: Provide For Temporary Investment Of Fiduciary Funds, C. Henson
Banking And Finance Trust Companies: Provide For Temporary Investment Of Fiduciary Funds, C. Henson
Georgia State University Law Review
The Act provides statutory authority for current practices of trust companies relating to managed accounts, fees charged in connection with those accounts, and disclosure of such fees.
Handicapped Persons Physically Handicapped: Establish Personal Attendant Care Program, D. Smith
Handicapped Persons Physically Handicapped: Establish Personal Attendant Care Program, D. Smith
Georgia State University Law Review
The Act provides for an at-home personal attendant care program for the disabled. The program is to be administered by the Department of Human Resources.
Corporations, Partnerships, And Associations Revised Georgia Business Corporation Code, K. Barfield
Corporations, Partnerships, And Associations Revised Georgia Business Corporation Code, K. Barfield
Georgia State University Law Review
HB 1272 completely revises the Georgia Business Corporation Code. The new Code is based to a significant extent upon the 1984 Revised Model Business Corporation Act developed by the American Bar Association. HB 1444 creates a state-wide computerized network, providing local public access to any information filed with the Secretary of State under Title 14.
Crimes And Offenses Hazing: Provide Definitions And Criminal Penalties, K. Barfield
Crimes And Offenses Hazing: Provide Definitions And Criminal Penalties, K. Barfield
Georgia State University Law Review
The Act makes the hazing of a student in connection with a school organization a misdemeanor punishable by a fine up to $500.
Commerce And Trade Fair Business Practices Act: Revise Provisions Relating To Administrative Actions, M. Hines
Commerce And Trade Fair Business Practices Act: Revise Provisions Relating To Administrative Actions, M. Hines
Georgia State University Law Review
The Act extensively revises provisions relating to actions by the administrator of the Fair Business Practices Act of 1975. The Act permits the administrator to issue cease and desist orders and to impose civil penalties. The Act provides additional court-imposed remedies, including restitution to injured consumers.
Commerce And Trade Multilevel Distribution Companies: Regulate Under Business Opportunities Act, M. Hines
Commerce And Trade Multilevel Distribution Companies: Regulate Under Business Opportunities Act, M. Hines
Georgia State University Law Review
The Act provides for regulation of multilevel distribution companies under the Business Opportunities Act
Courts Minors: Provide For Parental Notification Of Abortion, M. Borowski, K. Richardson
Courts Minors: Provide For Parental Notification Of Abortion, M. Borowski, K. Richardson
Georgia State University Law Review
The Act amends a 1987 law enjoined and found unconstitutional by a federal district court. The 1988 Act amends the 1987 law by deleting the provisions requiring an adult to accompany a minor seeking an abortion to the abortion facility, by providing alternative methods of verification of parental notification, and by changing certain provisions including those relating to confidentiality, jurisdiction, and the standard for granting judicial waiver.
Alcoholic Beverages Alcoholic Beverages: Prohibit Nudity And Sexual Conduct On Premises Where Alcoholic Beverages Are Sold Or Dispensed For Consumption, S. Blaustein
Georgia State University Law Review
The Act prohibits nudity and sexual conduct on premises where alcoholic beverages are sold or dispensed for consumption on the premises and provides for penalties for violations of the Act.
Health Surgical And Medical Treatment: Provide For Informed Consent, S. Bawtinhimer
Health Surgical And Medical Treatment: Provide For Informed Consent, S. Bawtinhimer
Georgia State University Law Review
The Act provides for informed consent of the material risks of: (1) any surgical procedure performed under general anesthesia, spinal anesthesia, or major regional anesthesia; (2) an amniocentesis diagnostic procedure; and (3) a diagnostic procedure which involves the intravenous injection of a contrast material.
Crimes And Offenses State-Wide Probation Act: Revise Certain Provisions, A. Ware
Crimes And Offenses State-Wide Probation Act: Revise Certain Provisions, A. Ware
Georgia State University Law Review
The Act revises the State-Wide Probation Act by creating a maximum period for probation and suspended sentences, setting standards for the revocation of such sentences, and limiting the amount of time that can be revoked, depending on the offense that constitutes the violation.
Crimes And Offenses Bad Checks: Extend Right To Initiate Prosecution To Subsequent Holders In Due Course, C. Peterson
Crimes And Offenses Bad Checks: Extend Right To Initiate Prosecution To Subsequent Holders In Due Course, C. Peterson
Georgia State University Law Review
The Act allows subsequent holders in due course to institute prosecution of the initial drawer of a bad check.
Criminal Procedure Bonds And Recognizances: Amend Provisions Regarding Certain Offenses, C. Peterson
Criminal Procedure Bonds And Recognizances: Amend Provisions Regarding Certain Offenses, C. Peterson
Georgia State University Law Review
The Act amends the Code section relating to offenses bailable only before a superior court judge. The Act also adds a new subsection which requires a presiding judicial officer to notify the superior court when an individual has been arrested for certain offenses and is being held without bail. Furthermore, the Act permits a person charged with certain offenses to petition the superior court for release on bail.
Buildings And Housing Discriminatory Housing Practices: Establish Fair Housing Program And Complaint Process, D. Smith
Georgia State University Law Review
The Act supersedes previous laws addressing discrimination in the selling, leasing, and financing of housing and establishes new provisions prohibiting housing discrimination. The new provisions are substantially equivalent to the provisions of the federal Fair Housing Act.
Corporations, Partnerships, And Associations Investment Advisory Business: Regulate, L. Bombich
Corporations, Partnerships, And Associations Investment Advisory Business: Regulate, L. Bombich
Georgia State University Law Review
The Act amends the Georgia Securities Act of 1973 to provide for the regulation of the investment advisory industry by requiring the registration of investment advisers and investment adviser representatives. The Act further provides for examinations; registration and renewal fees; the refusal, denial, and revocation of registration; bonds; the keeping of records and accounts, and the examination of these materials by representatives of the commissioner; rules, regulations, investigations, and hearings (including notice and opportunity for such hearings); cooperation with other jurisdictions; administrative, civil, and criminal actions; civil liability; and penalties for violations.
Health Omnibus Aids Bill, M. Severson
Health Omnibus Aids Bill, M. Severson
Georgia State University Law Review
The Act comprises a comprehensive package of legislation relating to AIDS. In general, the Act provides procedures and standards for HIV testing in both the criminal and civil contexts; delineates the requirements for confidentiality and counseling regarding AIDS information; provides criminal sanctions for HIV-infected individuals who know they are infected but fail to inform either their sexual partners or those with whom they share needles or syringes; requires the receipt of an AIDS information brochure prior to issuance of a marriage license; and defines HIV as contagious.
Health Chiropractic Practice: Allow Chiropractors To Recommend And Dispense Vitamins, Minerals, Or Food Supplements, S. Blaustein
Health Chiropractic Practice: Allow Chiropractors To Recommend And Dispense Vitamins, Minerals, Or Food Supplements, S. Blaustein
Georgia State University Law Review
The Act permits chiropractors to recommend and dispense vitamins, minerals, or food supplements to their patients. The Act prohibits the sale of these substances at a profit. Generic names for any substance recommended or dispensed must be provided.
Buildings And Housing Landfills: Require Identification And Record Keeping, A. Butts-Cater
Buildings And Housing Landfills: Require Identification And Record Keeping, A. Butts-Cater
Georgia State University Law Review
The Act requires that all property on which a landfill is or has been located be properly identified. It also requires the Environmental Protection Division of the Department of Natural Resources to maintain certain landfill records. The Act mandates that deeds conveying an interest in land previously used as a commercial landfill include proper notice and other pertinent information related to the operation of the landfill. The Act imposes liability on the seller of real property if he willfully violates the Code provisions. Further, the Act creates a civil remedy for a purchaser of such land if the purchaser suffers …
Civil Practice Asbestos: Provide Specific Action For Injury To Real Property For A Limited Time, A. Haney
Civil Practice Asbestos: Provide Specific Action For Injury To Real Property For A Limited Time, A. Haney
Georgia State University Law Review
The Act creates a cause of action against manufacturers or suppliers of asbestos for damage to real property. It also extends the statute of limitations for bringing such actions to July 1, 1990 but bars commencement of claims after that date.
Conservation And Natural Resources Hazardous Waste Management: Provide For Direct State Government Operation And Management Of Hazardous Waste Facilities, A. Teel
Georgia State University Law Review
The Act amends the Georgia Hazardous Waste Management Authority Act by including within the definition of project the renovation of an existing waste treatment or disposal facility that provides for the treatment, storage, or disposal of any solid waste requiring special handling. The Act also adds a new provision which would permit the Department of Industry and Trade to plan, own, and operate a hazardous waste facility and to charge a fee for the use of such state facility. Additionally, the Act provides partial immunity from liability to members, officers, and employees of the Georgia Hazardous Waste Management Authority.
Conservation And Natural Resources Plant Disease, Pest Control, And Pesticides: Limit Liability Of Farmers, A. Teel
Georgia State University Law Review
The Act establishes a negligence standard for farmers who pollute the land, waters, air, or other resources of the state through application or use of fertilizers, plant growth regulators, or pesticides.
Corporations, Partnerships, And Associations Limited Partnerships: Revise Georgia Uniform Limited Partnership Act, A. Jones
Georgia State University Law Review
The Act extensively revises Georgia law relating to limited partnerships. The Act provides for definitions and sets forth procedures relating to the execution, amendment, and cancellation of certificates of authority of both domestic and foreign limited partnerships. The Act provides for powers and potential liability of general and limited partners. The Act provides for registration of foreign limited partnerships and specifies choice of law rules.
Crimes And Offenses Bail Jumping: Redefine Offenses, A. Ware
Crimes And Offenses Bail Jumping: Redefine Offenses, A. Ware
Georgia State University Law Review
The Act expands the crime of misdemeanor bail jumping to include defendants charged with or convicted any misdemeanor who fail to appear as directed. In addition, the Act creates the new offense of out-of-state bail jumping and provides notice procedures applicable to felony, misdemeanor, and out-of-state bail jumping.
Criminal Procedure Death Penalty Cases: Provide For Review Of Pretrial Proceedings, A. Ware
Criminal Procedure Death Penalty Cases: Provide For Review Of Pretrial Proceedings, A. Ware
Georgia State University Law Review
The Act provides for discretionary review by the Georgia Supreme Court of all pretrial proceedings in death penalty cases. In addition, the Act sets forth procedures to be followed in ordering and conducting such a review.