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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

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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

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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, and A. Robin Teal

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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

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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

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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

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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 and Laura Verduci

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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

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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

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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

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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 and Heather Schafer

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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

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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

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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

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CONSERVATION AND NATURAL RESOURCES Comprehensive State-Wide Water Management Planning Act: Enact the "Comprehensive State-Wide Water Management Planning Act"; Change Certain Provisions Relating to River Basin Management Plans; Require the Development of a State-Wide Water Management Plan; Provide for a Water Council and for its Composition and Duties; Provide Procedures for Plan Development, Adoption, and Revision; Provide for Related Matters; Amend Code Section 50-13-4 of the Official Code of Georgia Annotated, Relating to Procedural Requirements for Adoption, Amendment, or Repeal of Rules, Emergency Rules, Limitations on Actions to Contest Rules, and Legislative Override; Repeal Conflicting Laws; Amend Code Section 2-6-27 of the Official Code of Georgia Annotated, Relating to Additional Duties and Powers of the State Soil and Water Commission; and for Other Purposes
Georgia State University Law Review

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EDUCATION Education Flexibility and Accountability: Change Provisions Relating to School Councils; Change Provisions Relating to the Powers and Duties of Local Boards of Education; Allow the State Board of Education to Prescribe the Manner and Grade Level for Certain Required Courses in History and Government; Authorize Alternative Methods for Certain Transfer Students; Change Certain Provisions Regarding Early Intervention Programs; Change Certain Provisions Relating to Maximum Class Size for the 2004-2005 School Year; Change Provisions Relating to Charter Schools; Revise Certain Provisions Relating to Drivers' Licenses; Change Penalties for Failure to Comply with Compulsory Attendance Requirements; Provide for Student Attendance Protocols; Require School Principles to Support the Authority of Teachers to Remove Certain Students from a Classroom; Provide that Local School Board Policies Require Local School Superintendents to Support the Authority of Principles and Teachers to Remove Certain Students from a Classroom; Revise Certain Provisions Relating to Disciplinary Hearings by a Disciplinary Hearing Officer, Panel, or Tribunal; Provide for Changes in Accountability Assessment; and for Other Purposes
Georgia State University Law Review

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EDUCATION Elementary and Postsecondary Education: Change the Reporting System and Method for Determining Eligibility for HOPE Scholarships, Other Scholarships, Grants, or Loan Assistance and for Certain Postsecondary Courses and Advanced Placement Courses for Students Enrolling as Freshmen in Eligible Public or Private Postsecondary Institutions on or After May 1, 2007; Add Public and Private Schools Accredited by the Southern Association of Independent Schools to the Definition of Eligible High Schools for the Purposes of the HOPE Program; Delete an Obsolete Reference; Revise and Add Definitions; Provide for Loss of Eligibility for the HOPE Scholarship for Any Student Who Does Not Poses at Least a Cumulative 3.0 Grade Point Average at the End of Each Spring Quarter or Semester; Provide for Loss of Eligibility for the Hope Scholarship for Any Part-Time Students Under Certain Conditions; Provide for Restoration of This Eligibility; Provide for HOPE Scholarships and HOPE Grants; Provide for Changes to the Amount of HOPE Scholarships at Private Institutions for Students Enrolled Less Than Full-Time; Provide for a Limitation on Quarter Hours or Semester Hours of Eligibility for HOPE Grants and Eligibility for Combined HOPE Scholarships and Grants; Provide for Exceptions; Create the HOPE Scholarship/Pre-K Legislative Oversight Committee; Provide for Membership and Duties of This Oversight Committee; Provide that Employees of Certain Organizations Are Residents of Georgia for Purposes of the HOPE Program; Provide for Changes to the Amount of Book Allowances and Fees for a HOPE Scholarship or Grant Under Certain Conditions; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

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ELECTIONS Georgia Ethics in Government Act: Amend the Georgia Ethics in Government Act so as to Provide for the Comprehensive Revision of Provisions Regarding Ethics and Conflicts of Interest; Provide for and Change Certain Definitions; Change Certain Provisions Relative to Declaration of Policy; Provide for the Timely Issuance of Advisory Opinions by the State Ethics Commission and Other Matters Relative to Advisory Opinions; Change Provisions Relating to the State Ethics Commission Including Its Administrative Attachment to the Secretary of State's Office; Change Provisions Relating to Mailing Complaints; Provide for Rule Making with Regard to Technical Defects in Financial Disclosure Statements; Change Certain Provisions Regarding Connected Organizations; Create Certain Restrictions on Receipt or Award of State Contracts; Change Certain Provisions Regarding Contributions Made to Candidates and the Location Where Certain Reports Are Filed; Change Certain Provisions Relating to Contributions of Expenditures Other Than Through Candidates or Campaign Committees and Disclosure of Extensions of Credit; Change Certain Provisions Regarding Disclosure Reports; Change Certain Provisions Relating to Disposition of Campaign Contributions; Change Certain Provisions Regarding Electronic Filing of Reports; Change Certain Provisions Relating to Acceptance of Campaign Contributions During Legislative Sessions; Change Certain Provisions Relating to Filing of Financial Disclosure Statements; Change Provisions Relating to Filing in Mail; Change Certain Provisions Relating to Lobbyist Disclosure Reports, the Contents Thereof, and the Definition of Lobbyist; Create Provisions Relating to a Lobbyist's Eligibility for Certain Appointments and Ability to Serve as a Public Employee; Create Conflict of Interest Provisions Relating to Gifts; Provide Restrictions for Lobbyists Relating to Presence on the Floor of the House and Senate; Provide for Candidates for the General Assembly Who File a Declaration of Intent to Accept Campaign Contributions to Receive and Choose to Sign a Pledge to Engage in Ethical Campaigning; Provide for Actions for Slander and Libel and the Commission's Authority Over This Activity; Correct Cross-References; Provide for Criminal Penalties; Change Provisions Relative to Appearances Before the Board of Pardons and Paroles by Members of the Generaly Assembly or State Elected or Appointed Officials; Change Certain Provisions Relating to Complaints or Information Regarding Fraud, Waste, and Abuse in State Programs and Operations; Change Certain Provisions Relating to the Code of Ethics for Members of Boards, Commissions, and Authories; Change Provisions Relating to a Board, Commission, or Authority's Authority to Enact Rules and Regulations; Provide for Restrictions on Activities for Persons Who Were Members, Employees, or Appointees of the Legislative, Executive, or Judicial Branch or Other Agencies or Authorities of the State; Provide for Penalties; Provide for Restrictions on the Governor's Appointment Power Under Certain Circumstances; Provide for an Effective Date; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

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EMINENT DOMAIN AND UTILITIES Condemnation Procedures: Change the Time for Hearing Before a Special Master and to Require Notice by Certified Mail in Condemnations for Certain Purposes; Prohibit the Use of the Power of Eminent Domain to Acquire Any Property for the Construction of Certain Electric Transmission Lines Without Prior Public Notice and One or More Public Meetings with an Opportunity for Comment or Questions; Provide for Exceptions; Provide for Factors to Be Considered in Selecting a Route for Electic Transmission Lines; Provide Procedures for Good Faith Negotiations; Provide for Additional Compensation for, or Reconveyance or Quitclaim of, an Easement or Other Property Interest Acquired Through the Exercise of Eminent Domain in Certain Circumstances; Provide for Related Matters; Provide for an Effective Date and Applicability; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

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REVENUE AND TAXATION State and Local Taxation, Financing, and Service Delivery Revision Act of 2004: Provide for the Comprehensive Revision of Provisions Relating to State and Local Taxation, Financing, and Service Delivery; Change Certain Provisions Regarding the Function of the Georgia Commission on Interstate Cooperation; Change Certain Provisions Regarding the Status of the Council of State Governments and Certain Related Organizations; Change Certain Provisions Regarding the Homestead Exemption by Qualified Disabled Veterans, Filing Requirements, Periodic Substantiation of Eligibility, and Persons Eligible Without Application; Change Certain Provisions Regarding Limitations with Respect to Local Sales and Use Taxes; Provide for Certain Exemptions; Change Certain Provisions Regarding the Joint County and Municipal Sales Tax and Provide for an Optional Rate Increase to Two Percent with Respect to Imposition by Certain Consolidated Governments; Provide for Imposition of This Tax at the Rate of Two Percent by Consolidated Governments; Provide for Additional Procedures, Conditions, and Limitations with Respect to Certain Water and Sewer Projects or Costs with Respect to the Special County One Percent Sales and Use Tax; Provide for the Levy and Collection of a Municipal Water and Sewer Projects or Costs Sales and Use Tax; Provide for Powers, Duties, and Authority of Municipal Governing Authorities with Respect to This Tax; Provide for Powers, Duties and Authority of the State Revenue Commissioner with Respect to this Tax; Provide for a Discontinuation of This Tax; Provide for Comprehensive Provisions to Provide Funding to Local Governments for Service Delivery Costs Through Certain Sales and Use Taxation; Provide for Comprehensive Provisions to Address Changes in Land Use Classification that Increase Service Delivery and Infrastructure Costs to Local Governments; Provide for Creation of Special Districts; Provide a Special District Sales and Use Tax; Provide for the Rate and Manner of Imposition of This Tax; Provide for Collection and Administration of This Tax; Provide for Returns; Provide for Distribution and Expenditure of Proceeds; Change Certain Provisions Regarding Annexation; Change Certain Provisions Regarding Land Use Classification Objections; Require Annual Publication of Certain Information Regarding Collection and Expenditure of the Proceeds of the Special Purpose One Percent Sales and Use Tax; Exempt from Ad Velorem Taxation Certain Motor Vehicles Owned by Persons Who Have Been Awarded the Medal of Honor; and for Other Purposes
Georgia State University Law Review

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Table of Georgia Code Sections Affected
Georgia State University Law Review

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House and Senate Bill Index
Georgia State University Law Review