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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 …


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 …


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 …


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.


Elections Elections And Primaries Generally: Require Permanent Paper Record Of Votes Cast On Electronic Recording Voting Systems Recount And Audit Purposes; Require All Electronic Voting Systems To Produce A Permanent Paper Record Of The Votes Recorded On These Systems For Each Voter; Provide That Voters Have An Opportunity To Verify This Record After Voting; Provide That These Paper Records Shall Be Retained For Use In Recounts And Election Challenge Proceedings, Beverly Jones Sill Sep 2004

Elections Elections And Primaries Generally: Require Permanent Paper Record Of Votes Cast On Electronic Recording Voting Systems Recount And Audit Purposes; Require All Electronic Voting Systems To Produce A Permanent Paper Record Of The Votes Recorded On These Systems For Each Voter; Provide That Voters Have An Opportunity To Verify This Record After Voting; Provide That These Paper Records Shall Be Retained For Use In Recounts And Election Challenge Proceedings, Beverly Jones Sill

Georgia State University Law Review

In 2004, the Georgia General Assembly failed to enact SB 500. This bill would have amended the Georgia Election Code by requiring that electronic voting machines create permanent paper records of ballots cast. Additionally, SB 500 would have allowed voters to verify these paper records after voting and retain the records for possible recounts. Although an emended version of the bill passed the Senate, it did not reach the floor of the House for debate. However, because the bill deals with a subject that is generating debate throughout the country--the security of electronic voting--SB 500 is worthy of examination.


Crimes And Offenses Offenses Against Public Health And Morals; Enact The "Georgia Smokefree Air Act Of 2004"; Provide For The Crime Of Smoking In A Motor Vehicle On A State Highway, County Road, Or Municipal Street Or On Private Property While A Child Is Restrained In A Child Passenger Restraining System; Prohibit Smoking In Certain Facilities And Areas; Provide For Definitions; Provide For Exceptions; Provide For Posting Of Signs; Provide For Violations, Penalties, And State And Local Government Enforcement And Administration; Provide For Construction; Provide That This Prohibition Shall Be Cumulative To Other General Or Local Acts, Rules, And Regulations; Repeal A Former Prohibition Against Smoking In Public Places; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Brandy Ouzts Sep 2004

Crimes And Offenses Offenses Against Public Health And Morals; Enact The "Georgia Smokefree Air Act Of 2004"; Provide For The Crime Of Smoking In A Motor Vehicle On A State Highway, County Road, Or Municipal Street Or On Private Property While A Child Is Restrained In A Child Passenger Restraining System; Prohibit Smoking In Certain Facilities And Areas; Provide For Definitions; Provide For Exceptions; Provide For Posting Of Signs; Provide For Violations, Penalties, And State And Local Government Enforcement And Administration; Provide For Construction; Provide That This Prohibition Shall Be Cumulative To Other General Or Local Acts, Rules, And Regulations; Repeal A Former Prohibition Against Smoking In Public Places; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Brandy Ouzts

Georgia State University Law Review

The bills would have prohibited smoking in all enclosed public places in Georgia, including government owned, leased, and operated facilities and enclosed areas in places of employment. The bills also provided that these facilities must display a No Smoking sign and may not contain smoking related paraphernalia. Private residences, vehicles, stand-alone bars, some hotel rooms, private and semi-private rooms in nursing homes, retail tobacco stores, and outdoor places of employment would have been exempt from the smoking prohibition. Finally, penalties for violating the smoking ban would have included monetary fines, suspension, or revocation of the facility's business license, and injunctive …


Health, Torts, And Civil Practice Georgia Hospital And Medical Liability Insurance Authority Act: Provide For Legislative Findings With Respect To A Crisis In The Field Of Hospital And Medical Liability Insurance; Address This Crisis Through Provision Of Insurance And Certain Civil Justice Reforms; Create The Georgia Hospital And Medical Liability Insurance Authority; Provide For The Members Of The Authority And Their Selection, Service, And Terms Of Office; Provide For The Filling Of Vacancies; Provide For The Powers, Duties, Operations, And Financial Affairs Of The Authority; Provide For The General Purpose Of The Authority; Prescribe Standards Relating To Vicarious Liability Of Medical Facilities For Actions Of Health Care Providers; Provide For Limited Liability For Certain Medical Facilities And Health Care Providers For Treatment Of Certain Emergency Conditions Under Certain Conditions; Provide For Qualifications Of Experts; Change Provisions Relating To The Allocation Of Liability And Recovery Of Damages In Tort Actions; Provide For The Degree Of Care Expected Of Medical Professionals In An Emergency Room Setting; Provide For The Consideration By The Jury Or Other Trier Of Fact Of Certain Factors Affecting This Care In Determining Whether Defendants Met This Degree Or Standard Of Care; Require The Approval By The Commissioner Of Insurance Of All Medical Malpractice Rates, Rating Plans, Rating Systems, And Underwriting Rules Prior To These Rates, Rating Plans, Rating Systems, And Underwriting Rules Becoming Effective; Change Certain Provisions Relating To Actions Against Certain Codefendants Residing In Different Counties; Change Provisions Relating To The Required Filing Of Affidavits In Professional Malpractice Actions; Provide For Other Related Matters; Repeal Conflicting Laws; And For Other Purposes, David Boohaker, Jon Gallant, Ramsey Knowles, A. Robin Teal Sep 2004

Health, Torts, And Civil Practice Georgia Hospital And Medical Liability Insurance Authority Act: Provide For Legislative Findings With Respect To A Crisis In The Field Of Hospital And Medical Liability Insurance; Address This Crisis Through Provision Of Insurance And Certain Civil Justice Reforms; Create The Georgia Hospital And Medical Liability Insurance Authority; Provide For The Members Of The Authority And Their Selection, Service, And Terms Of Office; Provide For The Filling Of Vacancies; Provide For The Powers, Duties, Operations, And Financial Affairs Of The Authority; Provide For The General Purpose Of The Authority; Prescribe Standards Relating To Vicarious Liability Of Medical Facilities For Actions Of Health Care Providers; Provide For Limited Liability For Certain Medical Facilities And Health Care Providers For Treatment Of Certain Emergency Conditions Under Certain Conditions; Provide For Qualifications Of Experts; Change Provisions Relating To The Allocation Of Liability And Recovery Of Damages In Tort Actions; Provide For The Degree Of Care Expected Of Medical Professionals In An Emergency Room Setting; Provide For The Consideration By The Jury Or Other Trier Of Fact Of Certain Factors Affecting This Care In Determining Whether Defendants Met This Degree Or Standard Of Care; Require The Approval By The Commissioner Of Insurance Of All Medical Malpractice Rates, Rating Plans, Rating Systems, And Underwriting Rules Prior To These Rates, Rating Plans, Rating Systems, And Underwriting Rules Becoming Effective; Change Certain Provisions Relating To Actions Against Certain Codefendants Residing In Different Counties; Change Provisions Relating To The Required Filing Of Affidavits In Professional Malpractice Actions; Provide For Other Related Matters; Repeal Conflicting Laws; And For Other Purposes, David Boohaker, Jon Gallant, Ramsey Knowles, A. Robin Teal

Georgia State University Law Review

The bill would have created an authority with power to provide rural hospitals with the ability to self-ensure. The bill would have allowed emergency facilities to limit liability associated with doctors who are independent contractors. The bill would have also restricted recovery from each defendant based on apportionment of liability rather than the usual joint and several liability schemes. The bill failed after a standoff on an amendment to cap non-economic damages.


Motor Vehicles And Traffic Racial Profiling: Amend The Official Code Of Georgia So As To Require Policies That Prohibit Law Enforcement Officers From Impermissibly Using Race Or Ethnicity In Determining Whether To Stop A Motorist; Require Annual Training Of Law Enforcement Officers On Impermissible Uses Of Race And Ethnicity In Stopping Vehicles; Require Law Enforcement Officers To Document The Race, Ethnicity, And Gender Of A Motorist And Passengers; Provide For Other Matters Relative Thereto; Repeal Conflicting Laws; And For Other Purposes, Jason Sheffield Sep 2004

Motor Vehicles And Traffic Racial Profiling: Amend The Official Code Of Georgia So As To Require Policies That Prohibit Law Enforcement Officers From Impermissibly Using Race Or Ethnicity In Determining Whether To Stop A Motorist; Require Annual Training Of Law Enforcement Officers On Impermissible Uses Of Race And Ethnicity In Stopping Vehicles; Require Law Enforcement Officers To Document The Race, Ethnicity, And Gender Of A Motorist And Passengers; Provide For Other Matters Relative Thereto; Repeal Conflicting Laws; And For Other Purposes, Jason Sheffield

Georgia State University Law Review

In 2004, the Georgia General Assembly considered a bill to amend the portion of the Georgia Code dealing with motor vehicles and traffic. HB 1327 would have prohibited the use of race or ethnicity in forming probable cause or reasonable suspicion to stop a vehicle and would have mandated data collection for all traffic stops by state and local law enforcement officers. Law enforcement personnel would have recorded this information on a form that the Department of Motor Vehicles would have devised. The Georgia Attorney General would have then analyzed this data to test for racial profiling. Additionally, HB 1327 …


Crimes And Offenses Child Endangerment: Define Criminal Negligence; Provide For Legislative Findings And Intent; Change The Definition Of Cruelty To Children To Provide For Third Degree Cruelty To Children; Provide For Penalties; Provide For Definitions; Make It Unlawful For Persons To Engage In Certain Activities Associated With Manufacturing Of Possessing Methamphetamine In The Presence Of Children; Refine The Term "Serious Injury" To Include Sexual Abuse Of A Minor Under The Age Of 16 Years, Jeremy P. Burnette Sep 2004

Crimes And Offenses Child Endangerment: Define Criminal Negligence; Provide For Legislative Findings And Intent; Change The Definition Of Cruelty To Children To Provide For Third Degree Cruelty To Children; Provide For Penalties; Provide For Definitions; Make It Unlawful For Persons To Engage In Certain Activities Associated With Manufacturing Of Possessing Methamphetamine In The Presence Of Children; Refine The Term "Serious Injury" To Include Sexual Abuse Of A Minor Under The Age Of 16 Years, Jeremy P. Burnette

Georgia State University Law Review

Child Endangerment: Define Criminal Negligence; Provide for Legislative Findings and Intent; Change the Definition of Cruelty to Children to Provide for Third Degree Cruelty to Children; Provide for Penalties; Provide for Definitions; Make It Unlawful for Persons to Engage in Certain Activities Associated with manufacturing of Possessing Methamphetamine in the Presence of Children; Refine the Term Serious Injury to Include Sexual Abuse of a Minor Under the Age of 16 Years; Provide for Related Matters; Provide for an Effective Date and Applicability; Repeal Conflicting Laws; and for Other Purposes


Courts Juries: Provide The State And The Accused With The Same Number Of Peremptory Challenges In Misdemeanor, Felony, And Death Penalty Cases And In Challenging Alternative Jurors; Provide The Manner In Which Peremptory Challenges Are Made; Change The Size Of The Jury Panel In Felony And Death Penalty Cases; Provide The State With An Equal Number Of Additional Peremptory Challenges In Trials For Jointly Indicted Defendants; Provide An Exemption From Jury Duty For A Primary Caregiver Of A Child Who Is Four Years Of Age Or Younger; Provide An Exemption From Jury Duty For A Primary Teacher Of Children In A Home Study Program; And For Other Purposes, Jonathan Poole Sep 2004

Courts Juries: Provide The State And The Accused With The Same Number Of Peremptory Challenges In Misdemeanor, Felony, And Death Penalty Cases And In Challenging Alternative Jurors; Provide The Manner In Which Peremptory Challenges Are Made; Change The Size Of The Jury Panel In Felony And Death Penalty Cases; Provide The State With An Equal Number Of Additional Peremptory Challenges In Trials For Jointly Indicted Defendants; Provide An Exemption From Jury Duty For A Primary Caregiver Of A Child Who Is Four Years Of Age Or Younger; Provide An Exemption From Jury Duty For A Primary Teacher Of Children In A Home Study Program; And For Other Purposes, Jonathan Poole

Georgia State University Law Review

In 2004, the Georgia General Assembly considered a bill designed to exempt home-school teachers and certain primary caregivers from jury duty. The Senate amended the bill to provide the State and the accused with an equal number of preemptory challenges in death penalty, felony, and misdemeanor cases.


Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci Sep 2004

Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci

Georgia State University Law Review

The bill would have permitted state school boards to allow and encourage their teachers and administrators to read or post in their school building, classrooms, or at any event, documents or any portion of documents that relate to American heritage. The bill would have provided a list of documents, including the Constitution, the Declaration of Independence, the Mayflower Compact, and United States Supreme Court decisions. The bill would have prohibited content-based censorship of American history and heritage-based documents regarding any religious references.


Health Standards For Sewage Management Systems: Provide For The Continued Use And Installation Of All On-Site Sewage Management System; Authorize The Department Of Human Resources To Adopt State-Wide Regulations For On-Site Sewage Management Systems; Repeal The Definition Of "Prior Approved System"; Authorize The Department To Require Prior Examination And Approval Of Such Systems Before Use In Georgia; Provide For A Reduction In Trench Length Under Certain Circumstances; And For Other Purposes, Nicholas Prince Smith Sep 2004

Health Standards For Sewage Management Systems: Provide For The Continued Use And Installation Of All On-Site Sewage Management System; Authorize The Department Of Human Resources To Adopt State-Wide Regulations For On-Site Sewage Management Systems; Repeal The Definition Of "Prior Approved System"; Authorize The Department To Require Prior Examination And Approval Of Such Systems Before Use In Georgia; Provide For A Reduction In Trench Length Under Certain Circumstances; And For Other Purposes, Nicholas Prince Smith

Georgia State University Law Review

Standards for Sewage Management Systems: Provide for the Continued Use and Installation of All On-Site Sewage Management System; Authorize the Department of Human Resources to Adopt State-Wide Regulations for On-Site Sewage Management Systems; Repeal the Definition of Prior Approved System; Authorize the Department to Require Prior Examination and Approval of Such Systems Before Use in Georgia; Provide for a Reduction in Trench Length Under Certain Circumstances; and for Other Purposes


Education Policies Prohibiting Bullying: Amend Policies Prohibiting Bullying Behavior; Make Changes Relating To Local School Board Policies Regarding Bullying In Student Codes Of Conduct; Change The Definition Of Bullying Behavior; Provide That Policies Relating To Bullying Behavior Apply To Students In Kindergarten Through Grade 12; Require Training On Bullying Behavior For Certain School System Personnel; Provide That Local School Systems Provide Information To The Department Of Education On The Number And Disposition Of Bullying Incidents Reported; Repeal Conflicting Laws, And For Other Purposes, Rachel E. Conrad Sep 2004

Education Policies Prohibiting Bullying: Amend Policies Prohibiting Bullying Behavior; Make Changes Relating To Local School Board Policies Regarding Bullying In Student Codes Of Conduct; Change The Definition Of Bullying Behavior; Provide That Policies Relating To Bullying Behavior Apply To Students In Kindergarten Through Grade 12; Require Training On Bullying Behavior For Certain School System Personnel; Provide That Local School Systems Provide Information To The Department Of Education On The Number And Disposition Of Bullying Incidents Reported; Repeal Conflicting Laws, And For Other Purposes, Rachel E. Conrad

Georgia State University Law Review

Policies Prohibiting Bullying: Amend Policies prohibiting Bullying Behavior; Make Changes Relating to Local School Board Policies Regarding Bullying in Student Codes of Conduct; Change the Definition of Bullying Behavior; Provide that Policies Relating to Bullying Behavior Apply to Students in Kindergarten Through Grade 12; Require Training on Bullying Behavior for Certain School System Personnel; Provide that Local School Systems Provide Information to the Department of Education on the Number and Disposition of Bullying Incidents Reported; Repeal Conflicting Laws, and for Other Purposes


Penal Institutions Use Of Inmates For Private Gain: Authorize Use Of Inmates As Voluntary Labor For Privately Owned Profit-Making Employers Producing Goods And Services For Sale To Public And Private Purchasers; Authorize Georgia Correctional Industries Administration To Enter Into Service Contracts With Privately Owned Profit-Making Employers Producing Goods And Services For Sale To Public And Private Purchasers; Provide For Determinations By The Georgia Department Of Labor As To Whether Inmates Would Be Displacing Other Workers And Whether Labor Shortages Exist, Randall Wharton Sep 2004

Penal Institutions Use Of Inmates For Private Gain: Authorize Use Of Inmates As Voluntary Labor For Privately Owned Profit-Making Employers Producing Goods And Services For Sale To Public And Private Purchasers; Authorize Georgia Correctional Industries Administration To Enter Into Service Contracts With Privately Owned Profit-Making Employers Producing Goods And Services For Sale To Public And Private Purchasers; Provide For Determinations By The Georgia Department Of Labor As To Whether Inmates Would Be Displacing Other Workers And Whether Labor Shortages Exist, Randall Wharton

Georgia State University Law Review

HB 1173 would have amended Chapters 1, 5, and 10 of Title 42 of the Official Code of Georgia Annotated to allow inmates to volunteer for certain jobs in private industries. Additionally, it would have allowed the private sale of inmate-produced goods, directed the Georgia Department of Labor to ensure that inmates did not displace other and that officials only use inmate labor in areas where labor shortages existed, and allowed penal authorities to enter into service contracts with privately owned profit-making employers producing goods and services for sale to public and private purchasers.


Constitution Of The State Of Georgia Defense Of Marriage Act: Amend The Constitution Of The State Of Georgia To Provide That Georgia Shall Recognize As Marriage Only The Union Of A Man And A Woman; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Shannon Alexander, Heather Schafer Sep 2004

Constitution Of The State Of Georgia Defense Of Marriage Act: Amend The Constitution Of The State Of Georgia To Provide That Georgia Shall Recognize As Marriage Only The Union Of A Man And A Woman; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Shannon Alexander, Heather Schafer

Georgia State University Law Review

Defense of Marriage Act: Amend the Constitution of the State of Georgia to Provide That Georgia Shall Recognize as Marriage Only the Union of a Man and a Woman; Provide for Submission of This Amendment for Ratification or Rejection; and for Other Purposes


Food, Drugs, And Cosmetics Common Sense Consumption Act: Provide For Limited Liability Of Food Manufacturers, Packers, Distributors, And Others From Claims Relating To Weight Gain And Obesity; Provide For Exceptions To Such Liability; Provide For Pleading Requirements Relating To Claims; Provide For A Stay During The Pendency Of Any Motion; Provide For Applicability Of Claims; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Sirce Elliot Sep 2004

Food, Drugs, And Cosmetics Common Sense Consumption Act: Provide For Limited Liability Of Food Manufacturers, Packers, Distributors, And Others From Claims Relating To Weight Gain And Obesity; Provide For Exceptions To Such Liability; Provide For Pleading Requirements Relating To Claims; Provide For A Stay During The Pendency Of Any Motion; Provide For Applicability Of Claims; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Sirce Elliot

Georgia State University Law Review

The Act prohibits consumers from filing claims against food manufacturers, packers, distributors, and others, based on the legal theory that the foods caused weight gain or obesity. However, there are exceptions to the limited liability for adulteration or misbranding violations and any other material federal or state law violations. The Act provides definitions of terms and requires that one plead with particularity any claims arising under the exemption for adulteration or misbranding.


Conservation And Natural Resources Stream Buffers: Amend Code Section 12-7-6 Of The Official Code Of Georgia Annotated Relating To Best Management Practices For Control Of Soil Erosion And Sedimentation And Minimum Requirements For Rules, Regulations, Ordinances, Or Resolutions To Change Certain Provisions Relating To Twenty-Five Foot Buffers Along State Waters; Repeal Conflicting Laws; And For Other Purposes, Sue B. Smith Sep 2004

Conservation And Natural Resources Stream Buffers: Amend Code Section 12-7-6 Of The Official Code Of Georgia Annotated Relating To Best Management Practices For Control Of Soil Erosion And Sedimentation And Minimum Requirements For Rules, Regulations, Ordinances, Or Resolutions To Change Certain Provisions Relating To Twenty-Five Foot Buffers Along State Waters; Repeal Conflicting Laws; And For Other Purposes, Sue B. Smith

Georgia State University Law Review

The Act allows individuals and developers to build within the 25 foot stream buffer as long as either the project will not increase the amount of pollutants in the stream or the project will improve water quality.


Crimes And Offenses Racketeer Influenced And Corrupt Organizations: Allow Class Actions To Be Brought Against Unlicensed Lenders; Include Payday Lending In The Definition Of Racketeering Activity; Declare A Legislative Intent To Prohibit Activities Commonly Referred To As Payday Lending, Deferred Presentment Services, Or Advance Cash Services; Strengthen And Increase The Criminal And Civil Penalties Therefore; Void Payday Lending Loans; Declare That Forum Selection Clauses In Payday Lending Contracts Are Unenforceable In Georgia; Provide For Civil Remedies Of Borrowers; Provide For Civil Penalties; Declare A Tax On Profits From Payday Loans, Tia Martarella Sep 2004

Crimes And Offenses Racketeer Influenced And Corrupt Organizations: Allow Class Actions To Be Brought Against Unlicensed Lenders; Include Payday Lending In The Definition Of Racketeering Activity; Declare A Legislative Intent To Prohibit Activities Commonly Referred To As Payday Lending, Deferred Presentment Services, Or Advance Cash Services; Strengthen And Increase The Criminal And Civil Penalties Therefore; Void Payday Lending Loans; Declare That Forum Selection Clauses In Payday Lending Contracts Are Unenforceable In Georgia; Provide For Civil Remedies Of Borrowers; Provide For Civil Penalties; Declare A Tax On Profits From Payday Loans, Tia Martarella

Georgia State University Law Review

The Georgia General Assembly determined that, despite actions by the Attorney General and the Industrial Loan Commission, payday lending continues in the State of Georgia. The Act declares a legislative intent to prohibit payday lending and provides for civil remedies to those borrowers harmed


Soil And Water Conservation Control Of Soil Erosion And Sedimentation: Amend Duties Of State Authorities; Revise State Control Of Erosion And Sedimentation, Amy Mcmorrow Sep 2003

Soil And Water Conservation Control Of Soil Erosion And Sedimentation: Amend Duties Of State Authorities; Revise State Control Of Erosion And Sedimentation, Amy Mcmorrow

Georgia State University Law Review

The Act establishes an education program for persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity, to be administered by the State Soil and Water Conservation Commission. The Act extensively revises [Code] Chapter 12-7, the 'Erosion and Sedimentation Act of 1975.' Among other changes to Code Chapter 12-7, the Act authorizes a new state-imposed permit fee of up to $80 per acre of disturbed land, establishes a Stakeholder Advisory Board to work in collaboration with the Environmental Protection Division and the Soil Conservation Commission, and authorizes a study to evaluate the effectiveness of …


State Government State Flag, Seal, And Other Symbols: Change State Flag; Provide For An Advisory Referendum Election To Determine Whether Voters Desire A Further Change In The State Flag; Provide For Severability, Anthony Ventry Sep 2003

State Government State Flag, Seal, And Other Symbols: Change State Flag; Provide For An Advisory Referendum Election To Determine Whether Voters Desire A Further Change In The State Flag; Provide For Severability, Anthony Ventry

Georgia State University Law Review

The Act changes the design and the description of the Georgia state flag, replacing the official flag adopted by the Georgia General Assembly in 2001. The Act also calls for an advisory referendum in 2004 for voters to determine whether the General Assembly should keep the 2003 design or revert back to the 2001 design. The Act requires the Secretary of State to call for that referendum and to certify the results to the Governor and the General Assembly. The Act further provides that if any portion of the Act is unconstitutional, the other sections of the Act shall remain …


Civil Practice Civil Practice Act: Allow For Discretionary Appeal Of Class Certification; Adopt Federal Rule Of Civil Procedure 23 Pertaining To Class Actions; Amend Interest Amount On Judgments; Prohibit Third Voluntary Dismissal By Plaintiff; Permit Courts To Use Discretion In Declining Jurisdiction When Another Forum Is More Convenient; Change The Pre-Judgment Interest Rate; Provide For Vacation Of An Arbitration Award Based Upon An Arbitrator's Manifest Disregard For The Law, Ashley Harris, Crystal Ferrier, Andrew Lewinter Sep 2003

Civil Practice Civil Practice Act: Allow For Discretionary Appeal Of Class Certification; Adopt Federal Rule Of Civil Procedure 23 Pertaining To Class Actions; Amend Interest Amount On Judgments; Prohibit Third Voluntary Dismissal By Plaintiff; Permit Courts To Use Discretion In Declining Jurisdiction When Another Forum Is More Convenient; Change The Pre-Judgment Interest Rate; Provide For Vacation Of An Arbitration Award Based Upon An Arbitrator's Manifest Disregard For The Law, Ashley Harris, Crystal Ferrier, Andrew Lewinter

Georgia State University Law Review

The Act replaces the Georgia rule relating to class actions by adopting Federal Rule of Civil Procedure 23. The Federal Rule allows for a discretionary intermediate appeal which existing state law did not allow. The Act amends the Georgia Code to allow courts to vacate arbitration awards when the arbitrator disregarded background substantive law in making a decision. The Act changes pre-judgment interest amounts on civil awards. Further, the Act prohibits plaintiffs from filing the same claim three times after voluntarily dismissing the claim twice. The Act also gives courts more discretion to deny jurisdiction in civil actions against nonresident …


Courts Juvenile Proceedings: Provide For Additional Placement Options; Change Certain Provisions Regarding Reunification Efforts; Change Certain Provisions Regarding Child Placement Following Termination Orders; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws, Bryan Graff Sep 2003

Courts Juvenile Proceedings: Provide For Additional Placement Options; Change Certain Provisions Regarding Reunification Efforts; Change Certain Provisions Regarding Child Placement Following Termination Orders; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws, Bryan Graff

Georgia State University Law Review

The Act provides for greater foster parent awareness and participation in permanency and placement determinations and establishes a 90-day limit after a child is removed from the home to conduct a search for blood relatives or others who have made an ongoing commitment to the child. Additionally, the Act authorizes consideration of permanently placing children in the custody of licensed public and private agencies or organizations.


Fire Protection And Safety Regulation Of Fireworks: Prohibits Unlicensed Pyrotechnic Displays Before Proximate Audiences, Caskey Adam Sep 2003

Fire Protection And Safety Regulation Of Fireworks: Prohibits Unlicensed Pyrotechnic Displays Before Proximate Audiences, Caskey Adam

Georgia State University Law Review

The Act requires any person or company operating a pyrotechnic display before a proximate audience to obtain from the Safety Fire Commissioner a license, which may only be obtained upon proof that the applicant has liability insurance of at least $1,000,000. Applicants desiring to operate a pyrotechnic display before a proximate audience must also follow the same permitting procedures required of individuals operating a fireworks display. Furthermore, the permit may be granted only if the local fire official has approved the site. The probate judge must send the Safety Fire Commissioner a copy of each permit issued to ensure that …


Local Government Enterprise Zone Employment Act: Provide For Additional Qualifying Businesses And Services; Limit Governmental Authority To Investigate And Inspect Residential Rental Property, Christopher Porterfield Sep 2003

Local Government Enterprise Zone Employment Act: Provide For Additional Qualifying Businesses And Services; Limit Governmental Authority To Investigate And Inspect Residential Rental Property, Christopher Porterfield

Georgia State University Law Review

The Act adds entities engaged in day-care activities to the list of businesses and services eligible for tax exemptions and abatements under the Enterprise Zone Employment Act of 1997. The Act prohibits local governments from investigating or inspecting residential rental property unless they have probable cause to believe that a violation of applicable codes exists or exited. The Act also prohibits local governments from requiring registration of residential rental property.


Highways, Bridges, And Ferries Department Of Transportation: Allow Public-Private Initiatives For Department Of Transportation System Projects, Daugherty Denise Sep 2003

Highways, Bridges, And Ferries Department Of Transportation: Allow Public-Private Initiatives For Department Of Transportation System Projects, Daugherty Denise

Georgia State University Law Review

The Act allows the Department of Transportation to accept and evaluate unsolicited proposals from private entities and to enter into contracts for public-private initiatives for transportation system projects. It provides a period of time for contractors to submit competing bids. The Act also increases the amount of funding that the Department of Transportation can contribute to these projects.


Public Utilities And Public Transportation Telephone And Telegraph Service: Revise Provisions Regulating Telemarketing To Residential Telephone Subscribers To Include Telemarketing To Mobile And Wireless Subscribers; Revise Legislative Findings, Definitions, And The Prohibition Of Telephone Solicitation To Certain Subscribers; Revise Provisions Relating To A Database Of Subscribers Who Object To Telephone Solicitations And Fees In Connection Therewith; Provide A Penalty For Unlawful Compilation Or Dissemination Of Information From This Database; Revise Procedures For Persons Making Telephone Solicitations, Derrick Bingham Sep 2003

Public Utilities And Public Transportation Telephone And Telegraph Service: Revise Provisions Regulating Telemarketing To Residential Telephone Subscribers To Include Telemarketing To Mobile And Wireless Subscribers; Revise Legislative Findings, Definitions, And The Prohibition Of Telephone Solicitation To Certain Subscribers; Revise Provisions Relating To A Database Of Subscribers Who Object To Telephone Solicitations And Fees In Connection Therewith; Provide A Penalty For Unlawful Compilation Or Dissemination Of Information From This Database; Revise Procedures For Persons Making Telephone Solicitations, Derrick Bingham

Georgia State University Law Review

The Act allows mobile or wireless telephone subscribers to add their numbers to the state's no call list, which under certain circumstances prohibits telemarketers from contacting those numbers. The Act also allows the Public Service Commission to set the fee of up to, and including, $5 for placing numbers on the list. Further, it provides the Public Service Commission discretion to establish an appropriate fee for access to the list by persons or businesses wishing to make telephone solicitations. Finally, the Act makes unauthorized disclosure of the information a misdemeanor, punishable by a fine of up to $1000.


Domestic Relations Marriage Generally: Remove The Requirement For Premarital Testing For Syphilis Prior To The Issuance Of A Marriage License, Fuller Judith Sep 2003

Domestic Relations Marriage Generally: Remove The Requirement For Premarital Testing For Syphilis Prior To The Issuance Of A Marriage License, Fuller Judith

Georgia State University Law Review

The Act removes the requirement for premarital blood testing when applying for a marriage license.


Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Clarify Procedures For Submission Of Bar Applicants' Fingerprints For Criminal Background Checks, J. A. Schneider Sep 2003

Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Clarify Procedures For Submission Of Bar Applicants' Fingerprints For Criminal Background Checks, J. A. Schneider

Georgia State University Law Review

The Act gives the Georgia Crime Information Center the responsibility of receiving fingerprints from bar applicants and submitting these fingerprints to the Federal Bureau of Investigation. The Act also removes the restriction on the use of information obtained by the background check.


Motor Vehicles And Traffic Registration And Licensing Of Motor Vehicles: Allow Voluntary Cancellation And Re-Registration Of Motor Vehicles; Require Satisfactory Proof Of Insurance To Register A Vehicle With The Dmv; Define Commercial And Fleet Policies; Add Reporting Requirements For Insurers To The Database; Allow Use Of Cards As Proof Of Insurance Through December 31, 2003, Jeffrey Gordon Sep 2003

Motor Vehicles And Traffic Registration And Licensing Of Motor Vehicles: Allow Voluntary Cancellation And Re-Registration Of Motor Vehicles; Require Satisfactory Proof Of Insurance To Register A Vehicle With The Dmv; Define Commercial And Fleet Policies; Add Reporting Requirements For Insurers To The Database; Allow Use Of Cards As Proof Of Insurance Through December 31, 2003, Jeffrey Gordon

Georgia State University Law Review

The Act updates the procedures motorists use for proving possession of insurance, making the Department of Motor Vehicles database an acceptable means of proving insurance coverage beginning January 1, 2004.


Penal Institutions General Provisions: Change The Provisions Relating To Registration Requirements Applicable To Certain Sex Offenders; Include Additional Offenses Relating To Victims Who Are Minors; Clarify Language For Annual Registration; Revise Language Referring To Registration While Incarcerated; Provide For Annual Photographs Of Offenders; Provide For Exclusions Of Certain Liability In Certain Circumstances, Jena Tarabula Sep 2003

Penal Institutions General Provisions: Change The Provisions Relating To Registration Requirements Applicable To Certain Sex Offenders; Include Additional Offenses Relating To Victims Who Are Minors; Clarify Language For Annual Registration; Revise Language Referring To Registration While Incarcerated; Provide For Annual Photographs Of Offenders; Provide For Exclusions Of Certain Liability In Certain Circumstances, Jena Tarabula

Georgia State University Law Review

The Act updates the regulation requirements for sex offenders. The Act includes additional offenses that require an individual to register with the state, such as possession of child pornography and conspiracy to transport, ship, receive, or distribute child pornography. Further, the Act requires an offender to register (1) within ten days of his release from prison, (2) if the offender changes his address, and (3) within ten days of the anniversary of the original registration. The Act also requires an offender to be photographed every year. Finally, the Act provides that real estate brokers, and their employers, shall not be …