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Volume 22, Issue 1 (2005) Fall 2005

Peach Sheets

EDUCATION Definitions for the Parameters of Georgia's Hope Scholarship: Amend Certain Definitions Relating to HOPE Scholarships and Grants; Limit the Number of Quarter or Semester Hours for Which HOPE Scholarships May Be Received at Public and Private Postsecondary Institutions; Provide for Students in Professional Level Programs; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes
Christopher J. Sullivan

ELECTIONS Georgia Election Code: Revise the Forms of Identification That Are Acceptable in Order to Register and to Vote in This State; and for Other Purposes
Christopher M. Bracci

CONSTITUTION OF THE STATE OF GEORGIA A Resolution: Amend the Constitution so as to Provide that the Tradition of Fishing and Hunting and the Taking of Fish and Wildlife Shall be Preserved for the People and Shall be Managed by Law and Regulation for the Public Good; Provide for Submission of this Amendment for Ratification or Rejection; and for Other Purposes
Clay S. O'Daniel

CRIMES AND OFFENSES Georgia Residential Mortgage Fraud Act: Enact the "Georgia Residential Mortgage Fraud Act"; Provide a Short Title; Provide for Definitions; Define the Criminal Offense of Residential Mortgage Fraud; Provide for Venue; Provide Penalties; Authorize District Attorneys and the Attorney General to Investigate and Prosecute Cases of Residential Mortgage Fraud; Provide for the Forfeiture of Real and Personal Property; Amend the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to Include Residential Mortgage Fraud within the Definition of Racketeering Activity; Provide for Findings and a Statement of Purpose; Provide for Related Matters; Provide an Effective Date; Repeal Conflicting Laws; and for Other Purposes
J. Haskell Murray

EMINENT DOMAIN Nature of Right of Eminent Domain: Change Certain Provisions Relating to the Nature of the Right of Eminent Domain; Provide for the Limitation of Public Purposes for Which Eminent Domain May be Exercised; Provide for Statutory Construction; Provide for Legislative Intent; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes
Jack Nichols

DOMESTIC RELATIONS Alimony and Child Support Generally: Provide for the Direct Appeal of Child Support Final Judgments; Lower Annual Interest Rate on Past Due Child Support; Consider Both Parents' Incomes in Child Support Awards; Redefine Definition of Gross Income; Adjust Child Support Awards According to Time Spent with Child; Remove Consideration of Change in Child's Needs in Revising Alimony or Child Support; Remove References to Children and Child Support from Alimony Sections; and for Other Purposes
Jennifer Goodwin

DOMESTIC RELATIONS Divorce: Require Certain Divorcing Parents to Participate in Certain Education Classes That Focus on the Effect of Divorce and Separation on Children; Provide for Legislative Findings; Provide for the Types of Persons Who Can Provide the Education; Provide for Exceptions to the Education Classes; Change Certain Provisions Relating to the Time Limit for Granting a Divorce on the Ground That the Marriage Is Irretrievably Broken; Provide for a Different Time Frame for Granting Divorce Based on Certain Circumstances; Provide for Related Matters; Provide for an Effective Date and Applicability; Repeal Conflicting Laws; and for Other Purposes
Karen Hamilton

LABOR AND INDUSTRIAL RELATIONS Prohibitions on Local Government Wage and Employment Benefit Mandates: Change Provisions Relating to the Prohibition of Local Government Wage and Employment Benefit Mandates; Provide That No Local Government Entity May Through Its Purchasing or Contracting Procedures Seek to Control or Affect the Wages or Employment Benefits Provided by its Vendors, Contractors, Service Providers, or Other Parties Doing Business with the Local Government Entity; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes
Keith Muse

EDUCATION Elementary and Postsecondary Education: Amend the "Quality Basic Education Act"; Change Certain Provisions Relating to Determination of Enrollment by Institutional Programs; Authorize the Establishment of the Georgia Virtual School; Provide for Rules and Regulations; Provide for a Georgia Virtual School Grant Account; Provide for Statutory Construction; Provide for Related Matters; Provide an Effective Date; Repeal Conflicting Laws; and for Other Purposes
Kristen Swift

STATE GOVERNMENT State Government: Provide for Neutrality of State Law with Respect to Freedom of Decision to Provide or Not Provide Certain Benefits to Unmarried Persons; Provide that State and Local Government Entities Shall Comply with Such Policy of Neutrality
Melissa A. Segel

CONSTITUTION OF THE STATE OF GEORGIA A Resolution: Amend the Constitution of the State of Georgia to Prevent Discrimination in the Public Funding of Social Services by Allowing Religious or Sectarian Organizations to Receive Public Aid, Directly or Indirectly, for the Provision of Such Services; to Provide for the Submission of This Amendment for Ratification or Rejection; and for Other Purposes
Newman Baker III and Jodi Dixon

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

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

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

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

CRIMES AND OFFENSES Forgery and Fraudulent Practices: Enact The Georgia Child, Family, and School Communications Protection Act; Provide a Short Title; Provide for Definitions; Create a Service to Protect Child, Family, and School Communications; Provide Conditions for Registration; Provide for a Fee; Provide for Procedures; Provide for Verification from the Contents of the Service; Prohibit the Transmission of Certain Messages; Provide for Exceptions; Prohibit the Release of Certain Information; Shield Certain Information from Public Inspection; Provide for a Penalty; Provide for Civil Actions; Provide for Related Matters; Provide for an Effective Date; Repeal Conflicting Laws; and for Other Purposes
Frank Cobia

COMMERCE AND TRADE Selling and Other Trade Practices: Provide Legislative Findings; Provide Definitions; Require Information Brokers to Give Notice to Consumers of Certain Security Breaches; Provide for Related Matters; Provide an Effective Date; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

COURTS Juries: Enact the "Criminal Justice Act of 2005"; Provide for a Short Title; Provide that the Denial of a Defendant's Motion to Recuse May Be Subject to Interlocutory Appeal; Provide that the State May Appeal from an Order, Decision, or Judgment of a Superior Court Granting a Motion for New Trial or Denying a Motion by the State to Recuse or Disqualify a Judge; Provide the State and the Accused with the Same Number of Peremptory Challenges in Misdemeanor, Felony, and Death Penalty Cases and in Challenging Alternate Jurors; Provide the Manner in Which Peremptory Challenges Are Made; Change the Size of the Jury Panel in Felony and Death Penalty Cases; Provide for Excuses for Cause Under Certain Circumstances; Provide the Manner in Which the Number of Alternative Jurors is Determined; Provide for Additional Peremptory Challenges in Trials for Jointly Indicted Defendants; Provide that the Prosecuting Attorney Shall Always Conclude the Argument to the Jury; Provide that Provisions Relating to Discovery Apply to Sentencing Proceedings; Change Certain Provisions Relating to Discovery; Change the Provisions Relating to When a Witness Has Been Impeached; Provide for the Impeachment of Witnesses Through Evidence of Conviction of a Crime and Bad Character; Provide for the Admission of Specific Instances of Conduct by a Witness; Provide for Other Matters Relative to the Foregoing; Provide for Applicability; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

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; Change Certain Provisions Relating to the Ethics Commission; 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 Provisions Relating to Contributions or Expenditures Other Than Through Candidates or Campaign Committees and Disclosure of Extensions of Credit; Change Certain Provisions Regarding Disclosure Reports; Change Certain Certain Provisions Regarding Electronic Filing of Reports; Change Certain Provisions Relating to Acceptance of Campaign Contributions During Legislative Sessions; Change Certain Provisions Relating to Maximum Allowable Contributions; Change Certain Provisions Relating to Accounting for and Expenditure of Campaign Contributions; Change Certain Provisions Relating to Filing of Financial Disclosure Statements; Change Provisions Relating to Filing by Mail; Change Certain provisions Relating to Lobbyist Registration; Change Provisions Relating to Lobbyist Disclosure Reports and the Contents Thereof and the Definition of Lobbyist; Create Provisions Relating to a Lobbyist Eligibility for Certain Appointments; Provide for Restrictions for Lobbying Activities for Certain Persons; Provide Restrictions for Lobbyists Relating to Contingency Agreements; Provide for Restrictions for Lobbyists Relating to Presence on the Floor of the House of Representatives and Senate; Correct Cross-references; Create the Joint Legislative Ethics Committee; Provide for Powers and Duties of the Committee; Provide for the Initiation of Complaints; Provide for Anti-nepotism Provisions; Provide for Penalties; Provide for Restrictions on the Governor's Appointment Power Under Certain Circumstances; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

HEALTH Women's Right to Know Act: Require Certain Types of Identification to be Presented in Order for a Physician to Perform an Abortion; Change Provisions Relating to Required Participation by or Notice to Parents, Guardians, and Others and Court Proceedings for Waiver of Such Provisions; Provide That Abortions Must Be Performed in Certain Facilities and By Certain Persons; Provide for Certain Reports; Provide for Certain Forms; Provide for Certain Reports by the Department of Human Resources; Provide for Penalties and Remedies for Failure to Provide Such Reports; Enact the "Woman's Right to Know Act"; Provide for a Short Title; Provide for Definitions; Require That a Female Give Her Informed Consent Prior to an Abortion; Require That Certain Information Be Provided or Made Available to a Female Prior to an Abortion; Require a Written Acknowledgement of Receipt of Such Information; Provide for the Preparation and Availability of Certain Information; Provide for Procedures in a Medical Emergency; Provide for Reporting Requirements and Penalties for Noncompliance; Provide for Anonymity of Certain Persons in Civil Actions; Provide for Related Matters; Provide for Severability; Provide for an Effective Date; Repeal Conflicting Law; and for Other Purposes
Georgia State University Law Review

LOCAL GOVERNMENT Act to Incorporate the City of Sandy Springs; Incorporate the City of Sandy Springs in Fulton County; Provide for a Charter for the City of Sandy Springs; Provide for Incorporation, Boundaries, and Powers of the City; Provide for General Powers and Limitations on Powers; Provide for a Governing Authority of Such City and the Powers, Duties, Authority, Election, Terms, Method of Filing Vacancies, Compensation, Expenses, Qualifications, Prohibitions, and Districts Relative to Members of Such Governing Authority; Provide for Inquiries and Investigations; Provide for Organization and Procedures; Provide for Ordinances; Provide for the Office of Mayor and Certain Duties and Powers Relative to the Office of Mayor; Provide for Administrative Responsibilities; Provide for Boards, Commissions, and Authorities; Provide for a City Manager, a City Attorney, a City Clerk, a Tax Collector, a City Accountant, and Other Personnel; Provide for a Municipal Court and the Judge or Judges Thereof; Provide for Practices and Procedures; Provide for Ethics and Disclosures; Provide for Taxation, Licenses and Fees; Provide for Franchises, Service Charges, and Assessments; Provide for Bonded and Other Indebtedness; Provide for Accounting and Budgeting; Provide for Purchases; Provide for Homestead Exceptions; Provide for Bonds for Officials; Provide for Other Matters Relative to the Foregoing; Provide for a Referendum; Provide Effective Dates and Transitional Provisions Governing the Transfer of Various Functions and Responsibilities from Fulton County to the City of Sandy Springs; Provide for Severability; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

LOCAL GOVERNMENT Community Greenspace Preservation: Enact the "Georgia Land Conservation Act"; Provide for State and Local Government Activities with Respect to Land Conservation; State Legislative Intent; Define Terms; Create the Georgia Land Conservation Council and Provide for its Membership, Powers, Duties, and Operations; Provide for a Land Conservation Program; Create the Georgia Land Conservation Trust Fund and the Georgia Land Conservation Revolving Loan Fund and Provide for Sources of Funding, Grants and Other Disbursements from Said Funds; Provide for Eligibility for Award and Disbursement of Grants to Counties, Cities, and Department of Natural Resources; Authorize the Department of Natural Resources to Provide for Management of Property as Acquired; Provide for Promulgation of Certain Rules and Regulations by the Georgia Environmental Facilities Authority; Encourage Partnerships with the Private Sector; Provide for the Transfer of Funds from the Georgia Greenspace Trust Fund to the Georgia Land Conservation Trust Fund; Amend the "Georgia Administrative Procedure Act," so as to Redefine a Term; Provide for Related Matters; Provide an Effective Date; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

TORTS AND CIVIL PRACTICE Civil Practice and Procedure Generally: Change Provisions Relating to Venue in Actions with Joint Defendants; Provide That Courts of This State May Under Certain Circumstances Decline to Decide Cases Under the Doctrine of Forum Non Conveniens; Change Provisions Relating to Affidavits Accompanying Charges of Professional Malpractice; Provide for Defendants' Access to Plaintiffs' Health Information in Medical Malpractice Cases; Provide for Offers of Judgment and the Effect Thereof; Provide New Procedures for Damages for Frivolous Claims and Defenses. Torts General Provisions: Change Provisions Relating to the Establishment of Liability and Standard of Care in Certain Actions Relating to Emergency Health Care; Change Provisions Relating to Agency Liability of Hospitals; Change Provisions Relating to Apportionment of Award According to Degree of Fault; Create Provisions Related to Apportioning Damages in Certain Malpractice Actions; Limit Noneconomic Damages in Certain Actions Relating to Health Care; Provide for Payment Over Time of Certain Future Damages in Certain Actions; and for Other Purposes
Georgia State University Law Review

EDUCATION Elementary and Secondary Education: Amend the "Quality Basic Education Act"; Provide for Legislative Findings; Provide for the Establishment of the "Georgia Master Teacher Program"; Provide for the Establishment of Criteria for Master Teacher Certification; Provide for the Establishment of Rules and Regulations by the Professional Standards Commission; Revise Certain Provisions Relating to Salary Increases for Persons Receiving Certification From the National Board of Professional Teaching Standards; Provide for the Establishment of the "Academic Coach Program"; Provide for the Establishment of Rules and Regulations by the State Board of Education; Provide for the Employment of an Academic Coach by a Public School in Accordance with a School Improvement Plan; Provide for Monetary and Other Incentives for Academic Coaches; Provide for the Establishment of a Master Teacher and Academic Coach Implementation Committee; Provide for the Composition, Duties, and Duration of the Committee; Provide for Automatic Repeal; Provide an Additional Benefit and Support for Teachers and Other School Personnel by Providing Professional Liability Insurance Coverage for Teachers, Principles, Other Certificated Personnel, and Student Teachers by the State; Provide for Related Matters; Provide an Effective Date; Repeal Conflicting Laws; and for Other Purposes
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