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Volume 18, Issue 1 (2001) Fall 2001

Peach Sheets

CONSERVATION AND NATURAL RESOURCES Water Pollution and Surface-Water Use: Create the Metropolitan North Georgia Water Planning District; Provide a Statement of Legislative Intent and Purpose; Provide for Advisory Councils and Committees to the District; Provide for Watershed, Storm-Water, Waste-Water, Water Supply, and Conservation Management for the District; Promote Public Education and Awareness on Water Quality and Supply Issues; Provide for Oversight, Powers and Duties of the District
Amy Haywood

GAME AND FISH Shellfish: Change the Minimum Size of Shellfish Which May Be Taken for Commercial or Noncommercial Purposes
Amy Haywood

EDUCATION Elementary and Secondary Education: Require Secondary Public Schools to Notify Students Who Are Eligible of Their Right to Register to Vote and to Offer Such Students the Opportunity to Register to Vote at the School During the Month of April of Each Year
Amy Pressley McCarthy

PROFESSIONS AND BUSINESSES Dentists and Dental Hygienists: Allow Dental Hygienists to Perform Dental Screenings Without Supervision Under Certain Conditions; Provide for Information and Fees
Amy Pressley McCarthy

HEALTH Nursing Homes Employee Record Checks: Change Certain Definitions; Define Additional Terms; Change the Provisions Relating to Request for a Criminal Record Check with Respect to an Applicant for Employment in a Nursing Home; Provide That a Nursing Home Shall Make a Written Determination for Each Applicant for Whom a Criminal Record Check Is Performed; Provide That a Nursing Home Shall Not Employ a Person with an Unsatisfactory Determination; Provide That a Nursing Home That Hires an Applicant for Employment with a Criminal Record Shall Be Subject to Civil Penalties; Provide for the Amount of Civil Penalties and Conditions for the Assessment of Such Penalties
Anne-Marie Motto

HEALTH Nursing Homes: Provide Conditions Under Which Certain Monetary Penalties May Be Imposed Against Nursing Facilities, Nursing Homes, or Intermediate Care Homes; Provide for the Suspension of Civil Monetary Penalties Against Such Facilities Under Certain Conditions; Provide That Under Certain Conditions Civil Monetary Penalties Imposed Shall Relate Back to the Date on Which Such Penalties Were Suspended; Provide That Nothing in the Act Should Be Construed to Require the State Survey Agency to Act in Violation of Applicable Federal Law, Regulations, and Guidelines
Anne-Marie Motto

EDUCATION Georgia Public Telecommunications Commission Act: Change Provisions Relating to the Establishment of the Georgia Public Telecommunications Commission; Change the Composition of the Georgia Public Telecommunications Commission; Provide for Related Matters
Bill Cristman

LOCAL GOVERNMENT Bonds: Require the Reporting of Certain Information with Respect to Any Bonds, Notes, or Other Obligations of Any Political Subdivision; Provide for Compilation and Reporting; Provide for Enforcement; Provide for Powers, Duties, and Authority of the Department of Community Affairs with Respect to the Foregoing; Provide for an Effective Date
Bill Cristman

CRIMES AND OFFENSES Defenses to Criminal Prosecution: Change Provisions Relating to the Use of Force in the Defense of Habitations or Residences; Provide for Related Matters
Derek E. Empie

COMMERCE AND TRADE Electronic Signatures and Records: Permit the Use of Electronic Signatures and Records Even When a Statute, Regulation, or Other Rule of Law Specifies a Non-Electronic Type of Signature or Record
Gregory Todd Jones

HEALTH Regulation of County and Municipal Hospital Authorities: Extend to Certain Nonprofit Corporations Operating Certain Medical Facilities and Exemption from Open Records and Open Meetings Requirements
Janice T. Hellmann

PROFESSIONS AND BUSINESSES Architects: Change Certain Provisions Relating to Which Structures Do Not Require the Seal of a Registered Architect; Provide That Nothing Shall Be Construed to Mean That Construction Contract Administration Services Are Required to Be Performed Exclusively by Architects; Change the Provisions Relating to Architect Seals and Documents Required to Be Sealed
Janice T. Hellmann

GAME AND FISH Hunting, Trapping, and Fishing: Make Certain Legislative Findings; Provide that the Department of Natural Resources Has the Authority and Duty to Encourage Hunting and Fishing; Provide that Hunting and Fishing is a Right; Provide that No Political Subdivision of the State Shall Regulate Hunting, Trapping, or Fishing by Local Ordinance; Provide Exceptions
Jeffrey S. Bazinet

PROFESSIONS AND BUSINESSES Fair Health Care Billing: Provide for Legislative Findings and Intent; Provide for Standards of Certain Health Benefit Plan Contracts and Provide for Obligations and Fees Thereunder; Prohibit Certain Collections and Legal Actions; Provide for Applicability; Require Information Regarding Laboratory Tests and Provide for Implementation and Immunity Relating Thereto
Jeffrey S. Bazinet

PROPERTY Homestead and Exemptions: Change the Provisions Relating to Exemptions for Purposes of Bankruptcy and Intestate Insolvent Estates; Change the Amounts of Certain Exemptions; Provide for Calculation of the Amounts of Certain Exemptions and the Standards, Practices, and Procedures Connected Therewith; Provide for the Duties of the Administrator of the Governor's Office of Consumer Affairs
John Dyer

REVENUE AND TAXATION Ad Valorem Taxation of Property: Provide for a Technical Correction and Clarify Certain Provisions with Respect to an Ad Valorem Tax Exemption for Certain Farm Equipment Owned and Used By Family Owned Qualified Farm Products Producers
John Dyer

PROFESSIONS AND BUSINESSES Physicians, Physician's Assistants, and Respiratory Care: Enact Patient Right to Know Act; Provide for Creation, Contents, and Dissemination of Physician Profiles; Provide for Right to File Grievance Against Medical Provider; Require Board to Investigate Every Grievance Filed; Establish Right of Patient to Inquire About Cost of Treatment Prior to Receiving Such Treatment
Josh Marks

INSURANCE Actions Against Insurance Companies: Change Provisions Relating to an Insurer's Liability for Bad Faith Refusal to Pay for Loss Covered by Insurance; Provide for Insurer's Duties with Respect to Settlement of Motor Vehicle Liability Policy Claims; Provide for a Private Cause of Action for Unfair Claims Settlement Practices in Certain Circumstances
Kathryn H. Wade

MOTOR VEHICLES AND TRAFFIC Child Safety Restraint Requirements: Amend Provision Relating to Safety Belts as Equipment and Safety Restraints for Children Under Four Years of Age in Certain Vehicles; Require Children Four Years of Age or Younger in a Passenger Automobile to be Restrained in an Approved Child Safety Restraint; Amend Exceptions to the Law
Mauricia Allen

PROFESSIONS AND BUSINESSES Student Loans: Provide Mandatory Suspension of Professional Licenses for Default or Breach of a Repayment or Service Obligation Under Any Federal Education Loan, Loan Repayment, or Service Conditional Scholarship Program; Provide for Notice; Authorize the Division Director to Promulgate Appropriate Rules and Regulations; Provide for Reinstatement of Such Suspended Licenses Under Certain Conditions
Mauricia Allen

INSURANCE Kinds of Insurance; Limits of Risks; Reinsurance: Regulate Motor Vehicle Insurance, Coverage, and Proof Thereof, Change Certain Provisions Relating to Uninsured Motorist Coverage; Provide for Applicability and Exceptions; Change Certain Provisions Relating to Proof of Insurance
Michael P. Johnson

MOTOR VEHICLES AND TRAFFIC Drivers' Licenses: Support the National Defense; Provide for Transmittal of Information Regarding Certain Persons to the United States Selective Service System; Require Registration with the Selective Service System or Consent Thereto at the Time of Application of Certain Persons for Issuance or Renewal of Drivers' Licenses or Identification Cards; Change Certain Provisions Relating to Motor Vehicle Drivers' Licenses; Provide Legislative Findings and Declarations
Michael P. Johnson

AGRICULTURE Pick-Your-Own-Agricultural Products: Provide Limited Liability for Owners and Operators of Farms Specializing in Pick-Your Own Agricultural Products Under Certain Circumstances; Provide for Legislative Findings; Provide for Definitions; Provide for Warnings and Notices; Provide for an Effective Date
Misty M. Speake

STATE GOVERNMENT Public Records: Public Disclosure Shall Not Be Required, Including Employees of the Public School System
Misty M. Speake

MOTOR VEHICLES AND TRAFFIC Trucks on Multi-Lane Highways: Change Certain Provisions Relating to Trucks Using Multi-Lane Highways To Allow the Department of Transportation To Designate Usage Lanes
Nikole M. Crow

PUBLIC OFFICERS AND EMPLOYEES State Employee Health Insurance: Provide for Inclusion in State Health Insurance Plan of State Employees of the Georgia-Federal State Inspection Service Who Are Active or Retired Members of the Employees' Retirement System of Georgia
Nikole M. Crow

EDUCATION Elementary and Secondary Education: Provide Seven Days of Paid Leave for Teacher Absent Because of Physical Assault While Performing Job
Rebecca Barrett

ELECTIONS Elections and Primaries Generally: Provide Automatic Disqualification of Candidates Who Pay a Qualifying Fee with a Dishonored Check; Authorize Secretary of State to Investigate Election Fraud; Extend Elections in Case of a State of Emergency; Change Provisions Relating to Municipal Elections and Municipal Registrars; Change Provisions Relating to Voter's Change of Address; Provide Absentee Voters Must Use Voter Identification; Change Provisions Relating to Challenges of Absentee Voter; Eliminate Use of a Hunting or Fishing License as Voter Identification; Change Special Election Requirements; Provide Tampering with Voting Equipment Is a Felony; Change Provisions Relating to Recall Elections
Rebecca Barrett

GAME AND FISH Bill Fish and Tarpon: Change the Minimum Size Allowable for Possession of Tarpon; Prohibit the Taking of Atlantic Bill Fish Except for Catch and Release Programs
Russell P. Beets

GAME AND FISH Horseshoe Crabs: Define a Certain Term; Provide for the Opening and Closing of the Waters of the State to the Taking of Horseshoe Crabs for Bait; Limit the Taking of Horseshoe Crabs for Bait to Persons Who Possess a Valid Personal Commercial Fishing License; Prohibit the Taking and Possession of More Than Twenty-five Horseshoe Crabs; Provide for Interstate Transport of Horseshoe Crabs; Provide for the Taking and Possession of Horseshoe Crabs for Medical Purposes Pursuant to a Permit Issued by the Department of Natural Resources; Provide for Exceptions
Russell P. Beets

MOTOR VEHICLES AND TRAFFIC Drivers' Licenses: Provide Training and Examination Requirements for Applicants; Change Provisions Regarding Instruction Permits, Graduated Licensing, and Relating Restrictions; Provide for Provisions Relating to Revocation of License of Persons Under Age 21 and Issuance of New License Following Revocation; Change Provisions Relating to Licensing Exemptions
Stephanie A. Everett

PROPERTY General Provisions: Provide Protection for Failing to Disclose Certain Information During a Real Estate Transaction
Stephanie A. Everett

CRIMES AND OFFENSES Sexual Offenses: Forfeiture of Motor Vehicles, Proceeds and Money Used to Facilitate Child Prostitution; Offenses Against Public Administration: Change Penalties for Escape; Criminal Procedure: Sentencing; Penal Institutions: Probation; Revocation
Teresa Byokawski

TORTS Negligent or Improper Administration of a Polygraph Examination: Delete the Provisions Relating to Administration of the Polygraph in Conformity With the Provisions of Former Chapter 36 of Title 43 of the Official Code of Georgia Annotated
Tiffani Z. Moody

DOMESTIC RELATIONS Child Custody Proceedings: Replace the Uniform Child Custody Jurisdiction Enforcement Act; Establish Updated, Uniform Procedures for Child Custody Proceedings; Provide How Courts of This State Shall Treat Indian Tribes and Foreign Countries in Child Custody Proceedings and Enforcement of Child Custody Determinations; Provide Remedies to Ensure Safety of the Child; and Provide That Disclosure of the Name and State of a Family Violence Shelter Is Sufficient
Trishanda L. Hinton

LOCAL GOVERNMENT Authority to Enter Contracts: Provide for Additional Authority with Respect to Entering into Certain Contracts of One Year or Less; Provide for an Exception
Trishanda L. Hinton

STATE GOVERNMENT New State Flag: Change Design and Description of State Flag; Change Design and Description of State Seal; Provide for the Preservation and Protection of Certain Public Monuments and Memorials; Require Agencies Eligible for Receipt of State Funds to Display State Flag; Limit State Appropriations for Agencies Failing to Comply with Provisions; Provide for Enforcement
Darren Summerville

PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Distribution, Storage and Sale of Gas: Amend the "Natural Gas Competition and Deregulation Act"; Provide That a Retail Customer May Change Marketers Once a Year Without Penalty; Limit the Amount of Deposit; Provide for Deposit Refunds; Require Certain Disclosures by the Public Service Commission; Authorize Said Commission to Regulate the Gas Market Under Certain Conditions; Regulate Marketer Billing Practices; Change the Provisions of the Universal Service Fund
Matthew D. Lane Jr.

CRIMES AND OFFENSES Offenses Against Public Health and Morals: Change Bingo Licensure Qualifications
Georgia State University Law Review

CRIMES AND OFFENSES Prostitution: Increase Penalties for Offenses of Pimping and Pandering a Minor
Georgia State University Law Review

DOMESTIC RELATIONS Family Violence and Stalking Protective Order Registry Act: Create Centralized Registry for Temporary Protective Orders
Georgia State University Law Review

EDUCATION Postsecondary Education: Amend Provisions Regarding Postsecondary Education; Enact Georgia Higher Education Savings Plan; Provide for a Board of Directors of the Plan and Its Membership, Powers, Duties, and Administration; Provide for a Program of Savings Trust Agreements and Savings Trust Accounts; Provide for a Trust Fund and the Administrations Thereof; Provide for Investment and Management of Trust Funds; Provide a Tax Exemption; Provide for Account Statements; Provide for Effect of Account Deposits on Eligibility for Certain Financial Aid; Provide for Confidentiality and Nondisclosure of Certain Records; Amend Tax Provisions Relating to Computation of Taxable Net Income; Provide for Tax Treatment of Withdrawals From Savings Trust Accounts; Amend Certain Definitions for Purposes of the Georgia Administrative Procedure Act so as to Exclude the Georgia Higher Education Savings Plan from the Meaning of "Agency"
Georgia State University Law Review

ELECTIONS Elections and Primaries Generally: Eliminate Nonpartisan Primaries Except for Municipal Officers; Provide that Nonpartisan Elections for Certain County and State Offices Be Held in Conjunction with the General Primary; Provide for Qualifying Time for Certain Nonpartisan Elections; Provide for the Form of Nonpartisan Election Ballots; Specify the Circumstances under Which Election Superintendents May Open Absentee Ballots; Change the Method of Removing Deceased Voters from the Electors List; Authorize the Secretary of State to Obtain the Names of Georgians Who Die in Other States; Provide for the Transmission of Names of Persons Who Have Been Convicted of Felonies to Registrars for Removal from Electors List; Authorize the Constitutional Amendments Publication Board to Determine Short Titles or Headings for Proposed Constitutional Amendments; Authorize the Constitutional Amendments Publication Board to Determine Short Titles or Headings for Proposed Constitutional Amendments; Authorize the Secretary of State to Put Such Short Titles on Ballots; Require the Secretary of State to Print the Proposed Constitutional Amendments in the Order Specified by the Constitutional Amendments Publication Board; Provide for Uniform Election Equipment Throughout the State; Provide for the Education of Voters, Election Officials, and Post Officers in the Operation of Election Equipment; Authorize the Secretary of State to Conduct a Pilot Project to Test Electronic Recording Voting Systems During the 2001 Municipal Elections; Create the Twenty-First Century Voting Commission; Provide for the Composition, Duties, and Compensation of Such Commission; Provide Times for Certification of Election Results
Georgia State University Law Review

HEALTH Automated External Defibrillator Program: Regulate the Use of Automated External Defibrillators by Lay Rescuers; Provide Immunity from Liability for Persons Engaged in Activities Relating to the Use of Automated External Defibrillators
Georgia State University Law Review

INSURANCE General Provisions Relative to Insurance: Provide for Reimbursement by Insurers to Register Nurse First Assistants Who Perform Surgical First Assistance Services
Georgia State University Law Review

LABOR AND INDUSTRIAL RELATIONS Minimum Wages: Increase Hourly Amount; Provide for Exceptions; Provide for Related Matters
Georgia State University Law Review

PENAL INSTITUTIONS Sexual Offender Registry: Provide for the Registration of First Offenders and Those That Plead Nolo Contendre; Require Additional Information with Respect to Such Registration; Insure the Allocation of Federal Funding for Law Enforcement
Georgia State University Law Review

PUBLIC UTILITIES AND TRANSPORTATION Distribution, Storage, and Sale of Gas: Provide for Annual Change of Marketers by Retail Consumers; Limit Deposits Required by Marketers; Provide for Deposit Refunds; Require Public Service Commission to Publicize Marketer Information; Authorize Public Service Commission to Adopt Rules and Regulations Relating to Pricing, Billing, and Customer Service Practices by Marketers; Change Provisions Regarding Temporary Directives; Authorize Public Service Commission to Impose Temporary Directives on Marketers Under Certain Conditions; Provide for Penalties for Certain Violations by Marketers; Require Marketers to Contact Customers over Bill Disputes; Prohibit Marketers from Reporting Customers to Credit Agency for Default Payments Until Certain Conditions are Met; Require Marketers to Provide a Credit or a Refund for Overpayments; Change the Provisions Relating to Universal Service Funds; Provide Additional Purposes for a Fund; Provide Priority of Fund Assistance of Low-Income Customers
Georgia State University Law Review

REVENUE AND TAXATION Income, Sales, and Use Taxes: Provide for Certain Technical Corrections and Modifications; Provide for Proper Administration of Certain Provisions Regarding Revenue and Taxation; Revise and Clarify Tax Liability for Limited Liability Entities; Allow Allocation and Apportionment Agreements with Taxpayers Other Than Corporations; Revise Income Tax Credit Provisions for Businesses in Certain Counties and Less Developed Areas; Revise Income Tax Credit Provisions for the Establishment or Relocation of Taxpayer Headquarters; Authorize Claiming of Certain Income Tax Credits on a Calendar Year Basis for a Certain Tax Year; Clarify the Relief from Joint and Several Liability on Joint Returns for Innocent Spouses When Applicable; Clarify the Phased-In Exemption for Certain Repair or Replacement Parts; Clarify the Exemption for Tangible Personal Property Acquired Under 100 Percent Common Ownership; Clarify the Exemption for Certain Sales or Leases of Computer Equipment to Certain High Technology Companies; Clarify the Exemption with Respect to the Sale of Certain Machinery, Equipment, and Materials Incorporated Into and Used in the Construction and Operation of Certain Clean Rooms; Extend the Date for Distribution of Certain Identifiable Sales and Use Tax Proceeds; Provide for Effective Dates
Georgia State University Law Review

STATE GOVERNMENT Public Property: Provide Definition for Development Activity; Protect Trees; Provide for Landscaping Plans
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