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Volume 16, Issue 1 (1999) Fall 1999

Peach Sheets

Review of Selected 1999 Georgia Legislation
Georgia State University Law Review

CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Business Corporations; Nonprofit Corporations; Revised Uniform Limited Partnership Act; Limited Liability Companies: Provide that Certain Documents Filed with the Secretary of State May Be Signed by an Attorney in Fact; Provide that Certain Documents May Be Filed Electronically with the Secretary of State; Provide that a Shareholder May by Means of Electronic Transmission Appoint a Proxy Vote for Himself or Herself; Provide that a Parent Corporation May Merge Itself into a Subsidiary Corporation
Brian Leslie

COURTS Prosecuting Attorneys: Give Authority to the District Attorneys in Each Judicial Circuit to Appoint One Additional Assistant District Attorney Who Shall Primarily Prosecute as Directed by the District Attorney Cases Involving Violations of Article 2 of Chapter 13 of Title 16, Known as the "Georgia Controlled Substances Act"
Bryan Busch

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Probate: Uniform Transfer on Death Security Registration Act
Carl Jackson Spence

NUISANCES Abatement of Nuisances Generally: Provide that a City or County Attorney or Solicitor-General May File an Action to Abate a Public Nuisance or a Drug-Related Nuisance; Provide that These Remedies are Cumulative of Other Remedies
David J. Hungeling

INSURANCE Insurance Generally: Breast Cancer Patient Care Act
Donald L. Thomas

STATE GOVERNMENT Georgia Regional Transportation Authority Act: Provide for a Regional Transportation Authority
Donald Lee Biloa

DOMESTIC RELATIONS Alimony and Child Support Generally: Clarify that a Motion to Enforce an Alimony or Child Support Order by Attachment for Contempt is Part of the Underlying Action and Does Not Constitute a New Action; Provide for the Nature of Contempt Proceedings as Part of the Underlying Alimony or Child Support Action; Provide that a New Filing Fee Is Not Required for Such Actions
James M. Spielberger

EDUCATION Elementary and Secondary Education: Require Local School Boards to Implement a Comprehensive Character Education Program for All Grade Levels; Provide for the Adoption of Local School Board Policies to Improve Student Behavior and Discipline; Require State Board of Education to Establish Minimum Standards for Such Policies; Provide for the Distribution and Availability of Student Codes of Conduct; Provide for the Authority of Teachers and Principals with Respect to Classroom Management and Student Discipline; Provide for Grants to Local School Systems for Alternative Education Programs
Janet L. Bozeman

COURTS Juvenile Proceedings, Parental Rights: Provide for Stay of Certain Proceedings Regarding a Child Who May Be Incompetent; Provide for Competency Hearings and Notice and Procedures Relating to Hearings; Provide for Plan Managers, Competency Plans, and Meetings; Provide for Commitment of Child to Certain Agencies; Provide for Continuing Jurisdiction Over Children Determined to Be Incompetent
Jennifer Burch Dempsey

STATE GOVERNMENT State Printing and Documents: Provide for Legislative Findings; Repeal the Prohibition of Inspection or Copying of Law Enforcement Records for Commercial Solicitation; Change Provisions Relating to Inspection Reports; Provide for Circumstances When Such Reports May Be Inspected or Copied; Provide that the Prohibitions, Procedures, and Fees of the Article Do Not Apply When Public Records are Requested in Writing by a Grand Jury, Taxing Authority, Law Enforcement Agency, or Prosecuting Attorney in Certain Circumstances
John M. Merritt

CRIMES AND OFFENSES Offenses Against Public Order and Safety: Reserve to the State the Right to Bring Certain Civil Actions Against Firearms Manufacturers, Trade Associations, and Dealers
Karen L. Dayton

CRIMES AND OFFENSES Sexual Offenses: Change the Provisions Relating to the Offense of Rape; Change Penalty Provisions to Require Life In Prison Without Parole
Karen L. Dayton

INSURANCE Managed Healthcare Plans: Require Managed Care Plans and Health Maintenance Organizations to Make Certain Disclosures; Provide a Consumer Choice Option for Access to Out-of-Network Providers and Hospitals; Prohibit Plans from Using Certain Financial Incentive and Disincentive Programs; Provide Timely Payment by Managed Care Plans; Prohibit Certain Penalties by Such Plans Against Healthcare Providers and Hospitals; Provide for Violations
Keri L. Patterson

CRIMINAL PROCEDURE Bonds and Recognizes: Regulate Bail Bond Recovery Agents
Kevin Thomas McMurry

SOCIAL SERVICES Programs and Protection for Children and Youth: Provide Employee Records Checks for Daycare Centers
Lara Smith

AGRICULTURE Southern Dairy Compact: Provide for Entry Into the Compact by the State of Georgia
Lucas Harsh

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Limited Liability Companies: Provide for Default Rule Maintaining Continuous Existence of Limited Liability Companies; Provide that Except as Established Otherwise in the Articles of Organization or Written Operating Agreement of a Limited Liability Company, a Member of a Limited Liability Company with Respect to Which the Event of Dissociation Occurs is not Entitled to Receive any Payment by Reason of Such Event and Will Become an Assignee as to Such Limited Liability Company Interest
Michael E. Eisenstadt

LOCAL GOVERNMENT Local Government Cable Fair Competition: Require Public Cable Service Providers to Conduct Cost-Benefit Analysis and Hold a Public Hearing Prior to Entering the Cable Service Market; Provide for Cost Accounting and Allocation and Prohibit Cross- Subsidization; Impose Fairness Requirements on Public Providers Regarding Franchise Agreements, Conditions of Access to Public Property, and Price or Rate Charged for the Cable Services; Provide for Applicability of Open Meetings Laws; Subject Local Governments Acting as Cable Service Providers to Antitrust Liability
Michael E. Eisenstadt

COMMERCE AND TRADE Selling and Other Trade Practices: Provide for Standing, Damages, Burden of Proof, and Venue; Prohibit Franchisor from Requiring a Dealer to Acquire or Transfer a Line of Automobiles; Prohibit Franchisors from Operating, Owning or Controlling Certain Dealerships; Restrict Franchisor Activity in Relevant Market Area of Existing Dealerships; Provide for Injunctions Against Prohibited Franchisor Acts; Restrict Ownership, Operation and Control of Dealerships by Manufacturers and Franchisors; Prohibit Manufacturers and Franchisors from Unfairly Competing with Dealers
Robert C. Townley

REVENUE AND TAXATION Ad Valorem Taxation of Property: Authorize Disclosure to Taxpayers of Additional Information Regarding the Basis of an Assessment When the Assessed Value of Real Property is Increased by Less Than Fifteen Percent
Roger Williams

PENAL INSTITUTIONS Prison Litigation Reform: Provide that a Prisoner Filing a Writ of Habeas Corpus Pay Fees from the Prisoner's Account; Prohibit In Forma Pauperis Filing by Prisoners Who Have Repeatedly Filed Frivolous or Malicious Claims
Roger S. Williams

CRIMES AND OFFENSES Crimes Against the Person: Provide Enhanced Penalties for the Commission of the Offenses of Simple Assault, Aggravated Assault, Simple Battery, and Aggravated Battery Against Persons in a Domestic Context; Change the Definition of the Crime of Cruelty to Children in the Second Degree; Provide Penalties for Certain Crimes of Violence Committed in the Presence of Children; Exclude Corporal Punishment Administered by Parents, Guardians, or Others Acting in Loco Parentis from the Enhanced Penalties for Simple Assault or Simple Battery
Roger T. Weitkamp

MOTOR VEHICLES AND TRAFFIC Uniform Rules of the Road: Change Certain Provisions Relating to Homicide or Serious Injury by Vehicle; Change Certain Provisions Relating to Driving Under the Influence of Intoxicating Substances; Change Certain Provisions Relating to Court- Ordered Installation of Ignition Interlock Devices; Change Certain Provisions Relating to Limited Driving Permits for Certain Offenders; Change Certain Provisions Relating to Driving While a License is Suspended or Revoked; Change Certain Provisions Relating to Bailable Offenses
Roger T. Weitkamp

STATE GOVERNMENT State Printing and Documents: Provide for Conditions of Disclosure of Public Records Received or Maintained by Private Persons or Private Entities Performing Services for Public Entities; Change Provisions Relating to Time and Manner in Which Custodians Must Respond to Requests for Inspection; Require Custodians to Provide Access to Computer Records by Electronic Means; Require a Custodian Who Refuses to Provide a Document for Inspection to Make a Binding Explanation of the Reasons the Custodian Denied Access; Impose Criminal Penalties for Failure to Provide Access to Records and Define Punishment
Suzanne F. Sturdivant

CIVIL PRACTICE Civil Practice and Procedure Generally: Change Venue Provisions for Cases Involving Certain Joint or Joint and Several Defendants Residing in Different Counties; Provide for Transfer of Cases in Certain Specified Circumstances; Provide for the Burden and Standard of Proof on Venue Issues; Provide that Certain Pleading Requirements Are Not Altered or Amended
Tiffany Ellner

INSURANCE Insurance Generally: Women's Access to Health Care; Health Insurance; Require Health Insurers to Provide Coverage for Any Prescription Drug or Device Approved for Use as a Contraceptive; Provide for Certain Terms and Conditions of Such Coverage; Prohibit Certain Constructions; Provide for Regulations and Notice to Policyholders
Tiffany Ellner

CRIMES AND OFFENSES Offenses Against Public Health and Morals: Make it Unlawful for Any Person Intentionally or Willfully to Utilize a Computer On-Line Service, Internet Service, or Local Bulletin Board Service to Seduce, Solicit, Lure, or Entice, or Attempt to Seduce, Solicit, Lure, or Entice a Child
Tom Lundin

TORTS Damages: Regulate the Transfer of Structured Settlement Payment Rights; Provide that No Such Transfer Shall Be Effective Unless Certain Disclosures Are Made; Provide for a Right of Rescission with Respect to Such Transactions; Provide for Enforcement
Vince Tilley

INSURANCE Consumers' Insurance Advocate: Change Certain Provisions to Create the Consumers' Insurance Advocate and Deputy Advocate
William Grob

COURTS Magistrate Courts: Provide for the Monetary Jurisdiction of Civil Claims in Magistrate Court to Be Set at $15,000
Georgia State University Law Review

COURTS Termination of Parental Rights; Certain Termination: Amend Provisions Relating to Juvenile Proceedings and Parental Rights
Georgia State University Law Review

EDUCATION Elementary and Secondary Education: Require that Student Codes of Conduct Include Provisions Addressing Verbal Assault, Physical Assault or Battery, and Disrespectful Conduct Toward Teachers, Administrators, Other School Personnel, Other Students, and Persons Attending School-Related Functions; Provide for the Filing of Such Provisions with the State Board of Education for Review; Provide for the Distribution of Student Codes of Conduct in Conjunction with Student Handbooks and for Parents' and Guardians' Acknowledgements of Receipt
Georgia State University Law Review

INSURANCE Managed Health Plans: Provide Certain Enrollees of Managed Care Plans with an Independent Review of Plan Determination and Provide Standards, Conditions, and Procedures Relating Thereto; Provide for Duties, Powers, and Functions of the Health Planning Agency with Regard to Such Reviews and Provide for Certification of Independent Review Organizations; Provide for Expert Reviewers and Decisions Thereof; Provide for Costs and Expedited Reviews; Provide Immunity from Liability and Presumptions; Prohibit Certain Conflicts of Interest; Provide for Quality Assurance; and Provide for Applicability
Georgia State University Law Review

LOCAL GOVERNMENTS Homeowner Tax Relief Grants: Provide for Homeowner Tax Relief Grants to Counties and Local School Districts; Require the Granting of Certain Credits Against County and School Ad Valorem Taxes as a Condition of Such Grants; Provide for Calculation of Credit Amounts of Homestead Owners and Grant Amounts to Counties and School Districts; Provide for Administration and the Adoption of Rules and Regulations by the Georgia Department of Revenue
Georgia State University Law Review

MOTOR VEHICLES AND TRAFFIC Use of Radar Speed Detection Devices: Allow Speed Detection Devices to Be Operated by Part-Time Peace Officers; Allow Law Enforcement Agencies to Use Speed Detection Devices on Streets and Roads for Which an Application is Pending; Provide a Rebuttable Presumption Regarding the Use of Speed Detection Devices for Purposes Other Than the Promotion of Public Health, Welfare, and Safety
Georgia State University Law Review

STATE GOVERNMENT Open and Public Meetings: Require that an Agency Holding a Meeting Make Available an Agenda of All Matters Expected to Be Discussed; Require the Agency to Post and Distribute its Agenda; Require the Chairperson of a Closed Meeting to Execute and File with the Minutes a Notarized Affidavit Stating Why the Meeting was Closed
Georgia State University Law Review

Table of Georgia Code Sections Affected
Georgia State University Law Review

House and Senate Bill Index
Georgia State University Law Review