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Volume 13, Issue 1 (1996) November 1996

Peach Sheets

Table of Georgia Code Sections Affected
Georgia State University Law Review

REVENUE AND TAXATION Taxation of Intangibles: Modify the Manner of Calculating the State Occupancy Tax on Depository Financial Institutions; Provide Definitions Applicable to Taxation of Financial Institutions and Intangible Personal Property Tax; Modify Carry-Over of Unused Credits with Respect to Income Taxation of Corporations
Kean J. DeCarlo

PENAL INSTITUTIONS Jails: Provide Law Enforcement Officers with Guidelines for Handling Detainees with Obvious Physical Injuries or Need for Emergency Medical Attention
Tamara N. Baines

BANKING AND FINANCE Financial Institutions: Change and Liberalize Branch Ranking Restrictions in Georgia
Georgia State University Law Review

BANKING AND FINANCE Financial Institutions: Change Georgia Department of Banking and Finance Regulations by Authorizing Georgia's Adoption of the Federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994
Georgia State University Law Review

BANKING AND FINANCE Financial Institutions: "Housekeeping" Changes
Georgia State University Law Review

CIVIL PRACTICE, COURTS Civil Practice Act: Prohibit a Civil Litigant from Interposing a Claim for an Improper Purpose Such as to Suppress a Person's Right of Free Speech or Right to Petition Government; Provide for a Motion to Strike or Dismiss That May be Interposed by a Civil Defendant Whose Rights as Above are Infringed by Such a Claim; Include Statements Made in Furtherance of the Right of Free Speech or Right to Petition Government in Connection with an Issue of Public Interest as Privileged Communications that May Not be Used as a Basis for a Libel or Slander Tort Claim
Georgia State University Law Review

CIVIL PRACTICE, CRIMINAL PROCEDURE Civil Practice and Procedure Generally: Clarify Circumstances in Which Continuances Shall be Granted Due to Attendance at the Generally Assembly; Trial: Clarify Circumstances in Which Continuances Shall be Granted Due to Attendance at the General Assembly
Georgia State University Law Review

COMMERCE AND TRADE Selling and Other Trade Practices: Provide for Civil Remedies and Criminal Penalties in Cases of Intentional Theft While Engaged in Telemarketing, Internet, or Other Computerized Activities; Provide for Investigation and Enforcement Authority
Georgia State University Law Review

COMMERCE AND TRADE Selling and Other Trade Practices: Provide Relief from Liability for Sellers or Holders for Unintentional Errors Resulting from a Bona Fide Clerical or Typographical Error
Georgia State University Law Review

COMMERCIAL CODE Commercial Paper, Bank Deposits and Collections: Adopt Uniform Commercial Code Provisions Regarding Negotiable Instruments and Bank Deposits and Collections
Georgia State University Law Review

CONSERVATION AND NATURAL RESOURCES Waste Management: Change Certain Hazardous Substance Reporting Fees; Limit Liability of Subsequent Purchasers of Certain Property; Exempt Certain Persons from Third-Party Liability; Provide Corrective Action Plan for Certain Property
Georgia State University Law Review

CONSERVATION AND NATURAL RESOURCES Water Resources: Mandate Adoption of Construction Milestone Schedule to Meet Phosphorous Reduction Standards; Provide Schedules of Fines and Penalties Imposed for Failure to Meet Construction Schedule; Impose Fines and Penalties for Failure to Implement Plan to Eliminate Combined Sewage Overflow; Provide Standards for Interbasin Transfers
Georgia State University Law Review

CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Partnerships: Provide for Limited Liability Limited Partnerships; Amend Certification, Merger, and Cancellation Requirements
Georgia State University Law Review

CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Business Corporations: Require Demand in All Shareholder Derivative Actions; Raise the Standard of Care Required for Indemnification of Corporate Directors; Provide that a Director Must be Wholly Successful in an Action in Order to be Entitled to Mandatory Indemnification; Provide that Only Disinterested Directors may Authorize Indemnification; Authorize Contracts to Indemnify or to Advance Funds; Provide that Officers are Held to the Same Standards as Directors Regarding Indemnification; Modify Procedures for Approving Advances for Expenses; Permit Corporations to Merge with Limited Liability Companies and Nonprofit Corporations; Provide for the Survival of Remedies and Rights of Dissolved Corporation
Georgia State University Law Review

COURTS Juvenile Proceedings, Parental Rights: Enforce Parental Attendance at Court Proceedings
Georgia State University Law Review

COURTS General Provisions: Establish Factors for Courts to Consider When Determining Whether to Allow Filming or Videotaping in the Courtroom; Allow for Citations When Court Orders Related to Media Cameras in the Courtroom are Violated
Georgia State University Law Review

COURTS Juvenile Proceedings, Parental Rights: Provide Guidance for Reunification or Termination of Parental Rights
Georgia State University Law Review

CRIMES AND OFFENSES Controlled Substances: Provide for the Creation of Drug-Free Commercial Zones
Georgia State University Law Review

CRIMES AND OFFENSES Crimes Against the Person: Increase Penalty for Family Violence Convictions and Reduce the Number of "Free Strikes" for Batterers
Georgia State University Law Review

CRIMES AND OFFENSES Criminal Attempt, Conspiracy, and Solicitation: Allow for Person to be Convicted of Conspiracy to Commit Crime Despite Completion of that Crime by Others
Georgia State University Law Review

CRIMES AND OFFENSES Damage to and Intrusion upon Property: Provide a New Law Regarding Bombs and Explosives; Provide for Jurisdiction in Juvenile Courts; Provide Specific Definitions and a Comprehensive List of Explosives; Provide for Offenses Relating to the Manufacture, Transportation, Distribution, and Possession of Explosives; Prohibit Certain Acts Relating to Hoax Devices; Provide Penalties for Offenses; Provide for the Training of Bomb Technicians, Explosive Ordnance Disposal Technicians, and Animal Handlers
Georgia State University Law Review

CRIMES AND OFFENSES Forgery and Fraudulent Practices: Prohibit Misleading Identification of Data Transmitted Over Networks
Georgia State University Law Review

CRIMES AND OFFENSES Offenses Against Public Health and Morals: Increase Penalties for Acts or Omissions Resulting in the Deprivation of Minors; Raise the Age of Admission into Establishments Where Live Performances Displaying Sexually Explicit Nudity or Conduct Occur
Georgia State University Law Review

CRIMES AND OFFENSES Offenses Against Public Order and Safety: Provide for Specific Means of Carrying Concealed Weapons; Permit Holder of Valid License to Have Handgun in Any Location Within Motor Vehicle; Permit Persons Legally Entitled to Carry Handguns in Other States to Carry Handguns in Georgia
Georgia State University Law Review

CRIMES AND OFFENSES Offenses Against Public Health and Morals: Provide for Stricter Regulations on the Sale of Cigarettes and Tobacco-Related Objects to Minors
Georgia State University Law Review

DOMESTIC RELATIONS Alimony and Child Support: Limit: Issuance or Renewal of Licenses for Failure to Comply with Child Support Order
Georgia State University Law Review

DOMESTIC RELATIONS Marriage Generally: Prohibit Same-Sex Marriage
Georgia State University Law Review

DOMESTIC RELATIONS Parent and Child Relationship Generally: Provide a Standard for Loss of Parental Power; Enforcement of Duty of Support: Change Procedures Relating to Periodic Review and Adjustment of Administrative and Judicial Child Support Orders
Georgia State University Law Review

DOMESTIC RELATIONS Parent and Child Relationship Generally: Provide Requirements and Judicial Standards for Original Actions for Visitation Rights or Intervention; Provide for Revocation or Amendment of Visitation Rights
Georgia State University Law Review

EDUCATION General Provisions: Create Office of School Readiness; Elementary and Secondary Education: Provide State School Superintendent with Authority to Employ Certain Senior Staff Personnel and to Enter Into Certain Contracts; Vocational Education: Provide that the Department of Adult and Technical Education be Responsible for Libraries
Georgia State University Law Review

EVIDENCE Particular Matters of Proof: Permit Authentication of Photographs, Motion Pictures, Videotapes, and Audio Recordings for Admissibility as Evidence When Witness is Unavailable and Device Was Not Operated by an Individual
Georgia State University Law Review

GUARDIAN AND WARD Guardians of Beneficiaries of United States Department of Veteran Affairs: Revise Provisions Relating to Guardian's Compensation; Redefine Terminology Relating to Guardians; Revise Notice Procedure Provided by Guardian Applicant; Provide Preference for Assigning Guardianship to Relative of Ward; Revise Rules of Periodic Accounting and Surety Bon Maintenance; Restrict Guardian from Being Named Beneficiary Under Ward's Will or in Ward's Life Insurance
Georgia State University Law Review

HIGHWAYS, BRIDGES, AND FERRIES Regulation of Maintenance and Use of Public Roads Generally: Provide that No Outdoor Advertising Depicting Obscene Material Shall be Allowed; Restrict Outdoor Advertising of Commercial Establishments Where Nudity is Exhibited
Georgia State University Law Review

INSURANCE Department of Commissioner of Insurance: Require Insurance Commissioner to File Periodic Reports; Regulation of Rates, Underwriting Rules, and Related Organizations: Allow Upward Adjustments of Workers' Compensation Insurance Ratings; Health Maintenance Organizations: Allow HMO Member to Retain Preferred Physician; Insurance Generally: Change Review Process for Cancellation or Failure to Renew Policy
Georgia State University Law Review

INSURANCE Health Care Plans: Provide for Certification of Managed Health Care Plans; Mandate Disclosure of Information to Enrollees; Mandate a Grievance Procedure for Enrollees Denied a Claim; Bar Plans from Paying Physicians Who Give Less Than Appropriate Care or Penalizing Physicians Who Advocate Appropriate Care for Their Patients
Georgia State University Law Review

INSURANCE Insurance Generally: Define Minimum In-Patient Care that Health Insurers Must Provide for a Mother and Newborn; Require that if the Physician and Mother Choose an Earlier Discharge, Health Insurers Must Cover up to Two Follow-up Visits
Georgia State University Law Review

INSURANCE Risk-Based Capital: Provide for the Computation of Risk-Based Capital Levels for Insurers and the Submission of Risk-Based Capital Reports for Insurers; Provide for the Authority of the Commissioner of Insurance to Take Action; Provide Immunity from Civil Action to Receivers
Georgia State University Law Review

LABOR AND INDUSTRIAL RELATIONS Workers' Compensation: Alter Determination of Experience Modifiers; Change Provisions Relating to Admission and Termination of Members of a Self-Insurance Fund; Revise Provisions Relating to Maintenance of Loss Reserves
Georgia State University Law Review

LABOR AND INDUSTRIAL RELATIONS Employment Security: Extend Period for Employer Contribution Rates; Provide for Admissibility of Drug Tests; Deny Benefits to Individuals Discharged for Drug-Free Workplace Violations; Require Claimants Filing for Unemployment to be Advised of the Tax Consequences of Filing for Benefits
Georgia State University Law Review

LABOR AND INDUSTRIAL RELATIONS General Provisions: Expand Scope of Employer Immunity for Disclosure of Information Regarding Employee Job Performance
Georgia State University Law Review

LABOR AND INDUSTRIAL RELATIONS Workers' Compensation: Refine the Definitions of Injury and Independent Contractor; Require the Use of Medical Evidence; Provide Exemptions for Limited Liability Corporations; Require Probate Courts to Appoint Guardians; Specify the Use of Guidelines in the Determination of Impairment
Georgia State University Law Review

MOTOR VEHICLES AND TRAFFIC Uniform Rules of the Road: Provide for Criminal Offenses of Homicide and Serious Injury When a Person Interferes with Traffic-Control Devices and Death or Bodily Harm Results
Georgia State University Law Review

MOTOR VEHICLES AND TRAFFIC Use of Radar Speed Detecting Devices: Change the Definition of Speed Detection Device; Change Certain Provisions Related to Permit Requirements and Applications; Provide for the Suspension or Revocation of Permits for Certain Employing Agencies
Georgia State University Law Review

NUISANCES Places for Unlawful Sexual Purposes: Provide Procedure for Enjoining and Declaring a Nuisance Real Property Which is Used as a Site for Repeated Drug Activity
Georgia State University Law Review

PENAL INSTITUTIONS Board and Department of Corrections: Provide for Transfer of Inmates who Commit Aggravated Assault or Battery on Correctional Officers; Provide for Assistance to Victims of Aggravated Assault or Battery
Georgia State University Law Review

PENAL INSTITUTIONS General Provisions: Require Registration for Certain Offenders
Georgia State University Law Review

PENAL INSTITUTIONS Prison Litigation Reform: Impose Court Costs on Prisoners Who File Lawsuits; Authorize Courts to Order Payment of Defendant's Attorney Fees Incurred in Defending Frivolous Lawsuits
Georgia State University Law Review

PENAL INSTITUTIONS Jails: Provide for Recoupment of Money from Inmates for Medical Services Provided to Inmates Not Eligible for Health Insurance Benefits; Provide for Deductions from Inmate Accounts for Certain Damages and Medical Costs
Georgia State University Law Review

PROFESSIONS AND BUSINESS Professional Counselors, Social Workers, and Marriage and Family Therapists: Provide for Mental and Physical Examinations of Licensees in Cases of Suspected Incapacity
Georgia State University Law Review

PUBLIC UTILITIES AND TRANSPORTATION Telephone and Telegraph Service: Define Telecommunication Service and Prohibited Telecommunication Device; Increase Criminal Penalties and Civil Remedies for Avoiding Lawful Telecommunication Charges or for Producing, Using, or Selling Prohibited Telecommunication Devices
Georgia State University Law Review

SOCIAL SERVICES, CRIMES AND OFFENSES Children and Youth Services: Create Felony Offense of Aiding or Harboring an Escaped Child and Felony Offense for Providing Contraband to a Child Under the Department's Custody; Crimes Against the Person: Include Department of Children and Youth Services Employees Within Definition of Correctional Officer Thereby Increasing Penalties for Aggravated Assault and Aggravated Battery Against Known Employees
Georgia State University Law Review

SOCIAL SERVICES Programs and Protection for Children and Youth: Amend the Child Abuse Registry Provisions; Change Appellate Venue from Juvenile Court to Superior Court
Georgia State University Law Review

SOCIAL SERVICES Programs and Protection for Children and Youth: Provide Child Advocacy Centers Access to Records of Child Abuse or Harassment
Georgia State University Law Review

SOCIAL SERVICES Public Assistance: Provide Uniform Guidelines for Non-Criminal Disposition of Allegations of Fraud in Obtaining Public Assistance; Provide Lifetime Bar on Receipt of Public Assistance for Those Convicted Twice of Fraud in Obtaining Public Assistance
Georgia State University Law Review

STATE GOVERNMENT State Flag, Seal, and Other Symbols: Designate English as the Official Language of the State of Georgia
Georgia State University Law Review

House and Senate Bill Index
Georgia State University Law Review