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Conservation And Natural Resources Georgia Water Quality Control Act: Authorize Mandated Sale Of Low Phosphorus Detergents, W. Linkous Sep 1989

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.


Domestic Relations Legitimation Cases: Establish The Duty Of The Father To Support His Child, F. Cullen Sep 1989

Domestic Relations Legitimation Cases: Establish The Duty Of The Father To Support His Child, F. Cullen

Georgia State University Law Review

The Act amends section 19-7-22 relating to legitimation of children. The Act authorizes the court to establish the father's duty to provide child support concurrent with the court's order declaring his child to be legitimate.


Domestic Relations Child And Spousal Support: Comply With Federal Guidelines To Enforce Child Support Awards, F. Cullen Sep 1989

Domestic Relations Child And Spousal Support: Comply With Federal Guidelines To Enforce Child Support Awards, F. Cullen

Georgia State University Law Review

The Act amends the Code section relating to the enforcement of child and spousal support payments to comply with the federal Child Support Enforcement Amendments of 1984 and the Family Support Act of 1988. The Act provides guidelines for courts to use in determining the amount of child support awards. Further, the Act grants the court authority to enforce obligations of spousal and child support by ordering immediate wage deductions. It also provides for periodic review and adjustment of child support orders.


Torts Torts: Defamation And Abusive Litigation, A. Chapar Sep 1989

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 …


Domestic Relations Collection Of Child Support Payments: Remove From Probation Department, F. Cullen Sep 1989

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.


The Ethics Of Advertising By Georgia Lawyers: Survey And Analysis, Roy M. Sobelson Sep 1989

The Ethics Of Advertising By Georgia Lawyers: Survey And Analysis, Roy M. Sobelson

Georgia State University Law Review

No abstract provided.


Food, Drugs And Cosmetics Inspection Warrants: Provide For Practices, Procedures, And Requirements, W. Linkous Sep 1989

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.


State Government Open Meetings Legislation In The 1989 Session Of The Georgia General Assembly, C. Keen Sep 1989

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 …


Elections The Recall Act Of 1989: Provide Specific Grounds For Recall, E. Imes Sep 1989

Elections The Recall Act Of 1989: Provide Specific Grounds For Recall, E. Imes

Georgia State University Law Review

The Act replaces the Recall Act of 1979, which was struck down by the Georgia Supreme Court in 1988. The supreme court declared the original Act unconstitutional because it did not provide specific standards of misconduct supporting the recall of an elected official. The new version provides standards and guidelines governing the recall of any elected public official who, while holding public office, acts in a manner adverse to public administration. The Act also provides for the judicial review of a recall petition.


Buildings And Housing Georgia Residential Finance Authority Act: Increase Authority To Issue Bonds To Provide Facilities For The Elderly And Mentally Disabled, M. Hathaway Sep 1989

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.


Nuisances Health Hazard: Enable Counties And Municipalities To Require Owners To Repair Or Demolish Buildings Used For Illegal Drug Activities, M. Hathaway Sep 1989

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.


Professional Ethics, Social Morality: A Reply To Professor Hazard, Patrick Wiseman Sep 1989

Professional Ethics, Social Morality: A Reply To Professor Hazard, Patrick Wiseman

Georgia State University Law Review

No abstract provided.


Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus Sep 1989

Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus

Georgia State University Law Review

No abstract provided.


Criminal Procedure Bonds And Recognizances: Amend Provisions For Notice To Superior Court; Provide For Temporary Release Of Certain Detainees, R. Goff Sep 1989

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 Sep 1989

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 Sep 1989

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.


Contracts Trade Secrets: Provide Definition, A. Chapar Sep 1989

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.


Professions And Businesses Athlete Agents: Amend Provisions, A. Stafford Sep 1989

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.


Property Title Registration: Amend Provisions, A. Stafford Sep 1989

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.


Wills, Trusts And Administration Of Estates Changes In The Law Of Wills, A. Chapar Sep 1989

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.


Conservation And Natural Resources Historic Preservation Legislation, B. Herrin Sep 1989

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.


Crimes And Offenses Buying Or Selling Human Body Parts: Include Fetal Tissue, B. Rowe Sep 1989

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.


Professions And Businesses Health: Registered Nurses And Physicians' Assistants May Order Drugs Under Protocol, B. Rowe Sep 1989

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.


Commerce And Trade Georgia Seed Capital Fund: Create, D. Whiting-Pack Sep 1989

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.


Revenue And Taxation Increase In Hotel And Motel Excise Tax To Finance Industrial Bonds: Georgia Dome, D. Vaughan Sep 1989

Revenue And Taxation Increase In Hotel And Motel Excise Tax To Finance Industrial Bonds: Georgia Dome, D. Vaughan

Georgia State University Law Review

The Act amends Chapter 13 of Title 48 of the Official Code of Georgia Annotated by increasing the rate of tax that may be levied by certain counties and municipalities on motel and hotel rooms, lodgings, and accommodations, and by authorizing those counties to expend the funds collected to promote tourism and construct a convention facility.


Personal Privacy Versus Public Interests: Government Publication Of Tax Information Disclosed In A Judicial Proceeding, Frances E. Cullen Sep 1989

Personal Privacy Versus Public Interests: Government Publication Of Tax Information Disclosed In A Judicial Proceeding, Frances E. Cullen

Georgia State University Law Review

No abstract provided.


My Station As A Lawyer, Geoffrey C. Hazard Jr. Sep 1989

My Station As A Lawyer, Geoffrey C. Hazard Jr.

Georgia State University Law Review

No abstract provided.


Insurance Insurance Regulation: Tentative Steps Toward Reform, H. Pruett Sep 1989

Insurance Insurance Regulation: Tentative Steps Toward Reform, H. Pruett

Georgia State University Law Review

SB 30 prohibits insurers, small loan companies, and their respective political action committees from contributing to the campaign for the Office of the Insurance Commissioner. SB 31 requires the Insurance Commissioner to release to the public each year a list of written requests for assistance by citizens against insurers. HB 178 requires the Insurance Commissioner to publish a supplemental annual report listing insurance companies deemed to be in financial difficulty. HB 182 requires insurers to engage a loss reserve specialist when reserves fall below the standard. HB 183 prohibits certain direct response advertising by insurers. HB 201 creates certain requirements …


Are Excessive Punitive Damages Unconstitutional In Georgia?: The Question And More In Colonial Pipeline Co. V. Brown, H. Lee Pruett Sep 1989

Are Excessive Punitive Damages Unconstitutional In Georgia?: The Question And More In Colonial Pipeline Co. V. Brown, H. Lee Pruett

Georgia State University Law Review

No abstract provided.


Motor Vehicles And Traffic Serious Injury By Vehicle: Define Crime, J. Bagwell Sep 1989

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.