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Volume 25, Issue 1 (2008) Fall 2008

Peach Sheets

CONSERVATION AND NATURAL RESOURCES Water Resources: Amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, Relating to Water Resources, so as to Provide That Local Governments May Impose Additional Restrictions on Outdoor Water Use for Good Cause Shown; Provide for Local Emergency Restrictions on Outdoor Water Use; Provide for Exemption from Certain Penalties; Provide that Political Subdivisions May Be Exempted from Outdoor Water Restrictions for Good Cause Shown; Provide for Automatic Repeal; Prohibit Placing Certain Restrictions on Use of Surface Water for Swimming Pools; Prohibit Placing Certain Restrictions on Use of Ground Water for Swimming Pools; Provide an Effective Date; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

CONSTITUTION OF THE STATE OF GEORGIA Proposing an Amendment to the Constitution so as to Authorize Community Redevelopment and Authorize Counties, Municipalities, and Local Boards of Education to Use Tax Funds for Redevelopment Purposes and Programs, Including the Payment of Debt Service on Tax Allocation Bonds; Provide for Submission of this Amendment for Ratification or Rejection; and for Other Purposes
Georgia State University Law Review

CRIMES AND OFFENSES Crimes and Offenses: Amend Article 2 of Chapter 1 of Title 42 of The Official Code of Georgia Annotated, Relating to Sexual Offender Registration Review Board, so as to Repeal Certain Provisions Relating to Residency and Employment Restrictions for Certain Sexual Offenders; Change a Definition; Provide for Restrictions on Where Sexual Offenders and Sexually Dangerous Predators May Reside, Work, Volunteer, or Loiter; Provide for Restrictions on Photographing a Minor Under Certain Circumstances; Provide for Definitions; Provide for Punishment; Provide for Exemptions from Certain Residency and Employment Restrictions; Provide for Civil Causes of Action; Provide for Applicability; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

CRIMES AND OFFENSES General Provisions: Amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dogfighting; prohibit dogfighting and related conduct; provide for punishments; define a term; provide for applicability; amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain provisions relating to definitions relative to Chapter 8 of said title; change certain provisions relating to caring for an impounded animal; change certain provisions relating failure to respond, right to hearing, care, and crime exception; change certain provisions relating to filing a report regarding animal cruelty and immunity; provide for related matters; to provide an effective date; repeal conflicting laws; and for other purposes
Georgia State University Law Review

CRIMES AND OFFENSES Offenses Against Public Order and Safety: Provide a Short Title; Amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, Relating to Dangerous Instrumentalities and Practices, so as to Provide for a Felony for Soliciting, Persuading, Encouraging, or Enticing any Dealer to Transfer or Otherwise Convey a Firearm to Anyone Other than the Actual Buyer; Amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, Relating to the Carrying and Possession of Firearms, so as to Change Certain Provisions Relating to Carrying Deadly Weapons to or at Public Gatherings; Provide for Constables to Carry Pistols in Publicly Owned or Operated Buildings; Exempt Constables from the Prohibition of Carrying Weapons Within School Safety Zones, at School Functions, or on School Property; Change Certain Provisions Regarding the Transportation and Carrying of Certain Firearms; Prohibit the Carrying of Firearms and Other Weapons into Certain Buildings; Provide a Definition; Authorize the Carrying of Firearms in Certain Locations; Require the Timely Issuance of Firearm Licenses; Prohibit Certain Employers from Searching the Private Vehicles of Employees; Prohibit Employers from Conditioning Employment Based upon Certain Regulations Regarding the Possession of a Firearm; Provide Exceptions; Provide Certain Immunity for Employers; Provide for Civil Remedies; Provide for the Timely Issuance of Firearms Permits and Licenses; Provide for Remedies for Failure to Receive Firearms Permits or Licenses Under Certain Circumstances; Prohibit the Consumption of Alcoholic Beverages while Carrying a Firearm Under Certain Circumstances; Amend Title 51 of the Official Code of Georgia Annotated, Relating to Torts, so as to Provide Certain Immunity from Liability for Certain Persons and Entities that Voluntarily and Without Compensation Assist State Agencies During Times of Declared Emergencies; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

DRIVERS' LICENSES; REQUIREMENT; DRIVING WHILE LICENSE SUSPENDED/REVOKED General Provisions: Amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, Relating to Drivers' Licenses, so as to Change Certain Provisions Relating to Driver's License Requirement, Surrender of Prior Licenses, and Prohibition of Local Licenses; Require the Department of Driver Services to Maintain Records of Convictions for Driving Without a License; Provide that Courts with Jurisdiction over Traffic Offenses Shall Report Convictions of Driving Without a License to the Department of Driver Services; Change Certain Provisions Relating to Driving While License Suspended or Revoked; Specify Punishments and Exceptions for Driving Without Being Licensed; Amend Article 14 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, Relating to Determination of Nationality of Person Charged with Felony or Driving Under the Influence and Confined in a Jail Facility, so as to Provide for Determination of Nationality of Person Convicted of Driving Without being Licensed; Provide an Effective Date; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

EDUCATION Elementary and Secondary Education: Amend Title 20 and 48 of the Official Code of Georgia Annotated Relating, Respectively to Education and Revenue Taxation, so as to Provide for a Program of Educational Improvement; Provide for Student Scholarship Organizations; Provide for an Income Tax Credit with Respect to Qualified Education Expenses; Provide for an Income Tax Exclusion with Respect to Certain Scholarship Amounts; Provide for Powers, Duties, and Authority of the State Revenue Commissioner with Respect to the Foregoing; Provide for Related Matters; Provide an Effective Date; Provide for Applicability; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

EDUCATION Elementary and Secondary Education: Bill to be Entitled. General Provisions: Amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, Relating to Elementary and Secondary Education, so as to Provide that a Local School System may Enter into a Contract with the State Board of Education for Increased Flexibility; Provide for a Local School System to Remain under Current Requirements; Provide for Public Input; Provide for Strategic Plans; Provide for Submission of a Proposed Contract; Provide for Negotiations; Provide for Contract Requirements; Provide for Accountability, Flexibility, and Consequences Components of the Contract; Provide for Certain Laws which may be Waived; Provide for Loss of Governance Consequences; Provide for Duties of the Office of Student Achievement; Provide for Implementation; Provide for Other Funding Options; Provide for Exceptions for Charter Systems; Provide for Rules, Regulations, and Guidelines; Change Certain Provisions Relating to Appointment of Local School Superintendents; Change Certain Provisions Relating to Waivers to Improve Student Performance; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

HEALTH State Health Planning and Development: Amend Title 31 of the Official Code of Georgia Annotated, Relating to Health, so as to Provide for Extensive Revision of the Certificate of Need Program; Revise and Add Definitions; Revise the Declaration of Policy for State Health Planning; Revise the Composition and Duties of the Health Strategies Council; Revise the Duties of the Department of Community Health; Revise Provisions Relating to Requirements for Certificate of Need; Provide for Destination Cancer Hospitals; Allow for Set Times to Accept Applications for Capital Projects; Provide for the Establishment of Conditions for Approval of a Certificate of Need; Change Certain Provisions Relating to Perinatal Services; Provide for Certain Facilities to Divide; Change Certain Provisions Relating to Considerations; Provide for a Letter of Intent for Proposed New Clinical Health Services; Provide for Batching and Comparative Review of Applications for Clinical Health services; Revise Provisions Relating to Time Frames for Review of Applications; Provide for the Imposition of a Temporary Moratorium on the Issuance of Certificates of Need for New and Emerging Health Care Services; Reassign the Hearing Functions from the Health Planning Review Board to a Certificate of Need Appeal Panel; Revise Provisions Relating to Judicial Review of Final Agency Decision; Add Grounds for Which a Certificate of Need May Be Revoked; Provide That a Portion of a Certificate of Need May Be Revoked Under Certain Circumstances; Increase the Penalties for Services Conducted Without a Required Certificate of Need; Provide for Investigating Authority of the Department; Provide That Applicants for Certificates of Need May Be Required to Participate as a Provider of Medical Assistance for Purposes of Medicaid; Change Certain Provisions Relating to an Annual Report; Add, Revise, and Delete Certain Exemptions to the Certificate of Need Requirements; Authorize the Department of Community Health to Require Notice and its Certification That an Activity Is Exempt from the Certificate of Need Requirements; Provide for the Transfer of Certain Functions Relating to the State Health Plan to the Board of Community Health from the Health Strategies Council; Abolish the Health Planning Review Board; Transfer Pending Matters of the Health Planning Review Board to the Certificate of Need Appeal Panel; Revise a Provision Relating to Application of Review Procedures to Expenditures Under a Federal Law; Require Health Care Facilities and Other Entities to Submit Annual Reports to the Department of Community Health; Increase the Penalties for Untimely and Incomplete Reports; Transfer Licensing of Hospitals and Other Health Care Facilities from the Department of Human Resources to the Department of Community Health; Provide for Transition; Provide for Licensure Standards on a Clinical Service Level for Hospitals and Related Institutions; Amend Various Other Titles of the Official Code of Georgia Annotated so as Revise Provisions for Purposes of Conformity; Provide for Related Matters; Provide for an Effective Date; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

INSURANCE Chapter 7 Kinds of Insurance and Chapter 9 Regulation of Rates, Underwriting Rules, and Related Organizations: Amend Title 33 of the Official Code of Georgia Annotated, Relating to Insurance, so as to Limit Coverages Under Uninsured Motorist Provisions to Automobile and Motor Vehicle Liability Policies and Exclude Umbrella and Excess Liability Policies; Change the Definition of "Uninsured Motor Vehicle" to Allow Uninsured Motorists Coverage to be Stacked with Other Available Liability Coverages; Allow Insureds to Select More Restrictive Uninsured Motorist Coverages; Changes Standards Applicable to Making and Use of Rates; Changes Prior Approval Requirements Above Mandatory Minimum Limits; Provide for Related Matters; Provide for Effective Dates and Applicability; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

LOCAL GOVERNMENT General Provisions: Amend Title 36 of the Official Code of Georgia Annotated, Relating to Local Government, so as to Require that Certain Contracts Shall be Honored by Municipalities or Other Government Entities; Provide for Definitions; Provide for Certain Restrictions on Certain Actions Taken by Local Governments; Place Certain Requirements on Solid Waste Collection Firms; Provide for Additional Requirements Regarding Certain Excess Funds of Special Districts Divided into Noncontiguous Areas; Provide for Related Matters; Provide for an Effective Date; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

PROFESSIONS AND BUSINESSES Georgia Athletic and Entertainment Commission: Amend Articles 1 and 2 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, Relating to Professions and Businesses, so as to Substantially and Comprehensively Revise Provisions Relating to the Licensure and Regulation of Boxing, Wrestling, and Martial Arts; Change Provisions Relating to Unarmed Combat; Provide for Civil Regulation and Civil Penalties; Provide for the State Regulatory Body and its Officers, Agents, and Operations; Provide for Certain Taxes and Reporting; Repeal Provisions Regulating Martial Arts and Wrestling; Provide for other Matters Related to the Foregoing; Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

PROPERTY Mortgages, Conveyances to Secure Debt, and Liens: Amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, Relating to Foreclosures on Mortgages, Conveyances to Secure Debt, and Liens, so as to Require a Foreclosure to be Conducted by the Current Owner or Holder of the Mortgage, as Reflected by Public Records; Provide for the Identity of the Secured Creditor to be Included in the Advertisement and in Court Records; Change the Requirement for Mailing or Delivery of Notice to Debtor for Sales Made Under Power of Sales in a Mortgage Security Deed, or Other Lien Contract, to Provide for the Content of Such Notice; Provide for Related Matters; Provide an Effective Date; to Repeal Conflicting Laws; and for Other Purposes
Georgia State University Law Review

TRANSPORTATION FUNDING Transportation Funding: Proposing an Amendment to the Constitution so as to Provide for State-Wide and Regional Funding Mechanisms for Transportation Purposes; Provide That an Amount Equal to the State Sales and Use Tax Collected on Sales of Motor Fuels Not Otherwise Exempted by General Law Shall be Appropriated for Any or All Transportation Purposes; Authorize the General Assembly to Allocate and Specify and Direct the Use of Such Funds by General Law; Provide for a 1 Percent Regional Local Option Sales and Use Tax for a Specified Period of Time to Fund Specific Transportation Purposes on a Regional Basis; Provide for Procedures, Conditions, and Limitations; Provide for the Submission of This Amendment for Ratification or Rejection; and for Other Purposes
Georgia State University Law Review

EDUCATION Elementary and Secondary Education: Amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, Relating to Elementary and Secondary Education, so as to Provide for Legislative Findings and Intent; Provide for Definitions; Establish the Georgia Charter Schools Commission; Provide for its Powers and Duties; Provide for Commission Charter Schools; Provide for Cosponsors; Provide for Petitions and Review; Provide for Petitions from Existing Charter Schools; Provide for Access to Information for Parents; Provide for an Annual Report; Provide for Debts of Commission Charter Schools; Provide for Funding for Commission Charter Schools; Provide for Collaboration by the Commission with the Department of Education; Provide for Rules and Regulations; Provide for Application of General Charter School Laws; Provide for Retention of Administrative Fees by a Local Board of Education for Newly Approved Local Charter Schools; Provide for Additional QBE Funding for Full-time Equivalent Students in System Charter Schools; Include such Amount in the Total State Funds Allotted to a School System; Provide for Related Matters; 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