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CRIMES AND OFFENSES Offenses Against Public Order and Safety: Prohibit Discharge of a Firearm While Intoxicated; Provide for Instant Background Checks When Purchasing a Handgun; Preempt Local Regulation of Firearms

The Act makes unlawful the discharge of a firearm while under the influence of alcohol or other drugs. The Act also provides for a statewide system of instant background checks of potential handgun purchaser and preempts, with some exceptions, local regulation of firearms. Download PDF

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GUARDIAN AND WARD Guardian of Minors: Provide Authority to Settle Claims of Minors; Provide Jurisdiction to Probate Court Judges in Appointing Guardians and Temporary Guardians; Change Requirements and Procedures Relating to Appointment of Temporary Gu...

The Act creates the Georgia Statutory Form for Financial Power of Attorney, but provides that it shall not be the exclusive method for creating such an agency. The Act also allows that, in settling the claims of minors that do not exceed $10,000, a natural guardian need not apply

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MOTOR VEHICLES AND TRAFFIC Uniform Rules of the Road: Establish Proximate Causation Standards for Pursuing Law Enforcement Officers When Fleeing Suspects Injure Third Parties

The Act specifies the conditions under which a pursuing law enforcement official can be held liable for causing or contributing to damages, injury, or death caused by a fleeing suspect. The Act establishes that the officer’s conduct will not be the proximate cause of such injuries, death,

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REVENUE AND TAXATION Tax Sales: Create Judicial Tax Foreclosure Procedures to Aid Low Income Housing Development

The Act creates judicial in rem tax foreclosure proceedings to avoid the inefficiency and lengthiness of nonjudicial foreclosure proceedings, which commonly result in nonmarketable and uninsurable titles to real property. The Act provides procedures and standards for the filing of a petition for foreclosure, a petition hearing, notice provisions, foreclosure

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CIVIL PRACTICE, COURTS Habeas Corpus: Amend Procedures for First Time Challenges to State Court Death Sentence Proceedings; General Provisions: Require Establishment of Uniform Court Rules Concerning Time Periods and Schedules

The Act reforms habeas corpus procedure for death penalty cases. The Act imposes time limits for both the filing of a Request for Judicial Assistance with the Council of Superior Court Judges and for the assignment of such cases to a judge. Additionally, the Act limits discovery except upon a

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COMMERCE AND TRADE Selling and Other Trade Practices: Allow Price Controls During a State of Emergency; Provide for Exceptions; Permit County and Municipal Authorities to Require Registration of Certain Businesses During a State of Emergency

The Act prohibits the raising of prices on any goods or services necessary to preserve, protect, or sustain the life, health, or safety of persons or their property during a declared state of emergency. The Act allows certain exceptions for the increased cost of such goods or services to the

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INSURANCE Insurance Generally: Authorize Use of Preexisting Conditions Exclusions or Limitations in Group Policies or Contracts of Disability Income Insurance

The Act permits the use of preexisting conditions exclusions in group disability income insurance policies. Specifically, the Act provides a definition of preexisting condition and prohibits the use in group disability income insurance policies of any definition that is more restrictive than the statutory standard. The Act requires policies that

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PROPERTY Regulation of Specialized Land Transactions: Revise Georgia Land Sales Act; Remove Georgia Real Estate Commission as Administrator

The Act removes the Georgia Real Estate Commission (Commission) as administrator of the Georgia Land Sales Act (GLSA) and repeals the provision relating to fees and expenses, enforcement and sanctioning authority, and immunity of the Commission. The Act vests enforcement of the GLSA in the Attorney General or the district

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HEALTH, MENTAL HEALTH Regulation and Construction of Hospitals and Other Health Care Facilities: Expand Definition and Confidentiality Provisions Regarding Peer Review Organizations; Examination, Treatment etc., for Mental Illness: Clarify Definition o...

The Act amends Georgia’s outpatient commitment law, increases protection of involuntary commitment records, and expands the definitions of “health care provider” and “review organization.” The Act also expands the confidentiality provisions that apply to review organizations. Download PDF

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INSURANCE Domestic Stock and Mutual Insurers: Create Exceptions to Prohibited Transactions for Directors and Employees; Permit Transferability of Insurable Interests

The Act allows officers, directors, committee members, and employees of an insurance company to engage in transactions with the insurance company if a written request is given to the Insurance Commissioner’s office and the request is not denied. The Act also changes the law relating to a

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CONSERVATION AND NATURAL RESOURCES Water Resources: Extend Maximum Duration of Water Use Permits; Provide for Water Development and Conservation Plans; Preserve the Department of Natural Resources' Right to Appeal Decisions of Administrative Law Judges

The Act extends the maximum duration of permits for withdrawal, diversion, or impoundment of surface waters and ground waters to fifty years. Permits for more than twenty-five years must be based on a water conservation and development plan. The Act also provides for administrative review of decisions under this title.

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EMINENT DOMAIN Exercise of Power of Eminent Domain for Special Purposes: Provide Restrictions on Use of Eminent Domain Power by Petroleum Pipeline Companies

The Act requires petroleum pipeline companies to notify property owners of their rights before initiating eminent domain proceedings. The petroleum pipeline companies also must comply with a two-step application and review process. The Act contains provisions for public notices and hearings. Landowners must be compensated by the petroleum pipeline companies

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HEALTH Regulation and Construction of Hospitals and Other Health Care Facilities: Require Nursing Homes to Perform Criminal Record Checks on Applicants for Employment

The Act provides for criminal record checks of all persons who wish to become employed by nursing home facilities. It also provides that the Georgia Crime Information Center (GCIC) is immune from liability for faulty reporting. Additionally, the Act immunizes nursing homes from liability for certain claims an employee or

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WATERS OF THE STATE, PORTS, AND WATERCRAFT Registration, Operation, and Sale of Watercraft: Redefine "Vessel"; Create the Felony Crimes of Homicide by Vessel, Feticide by Vessel, and Serious Injury by Vessel

The Act amends the Georgia Boat Safety Act by providing a new definition of the term “vessel. Additionally, the Act designates homicide by vessel in the first and second degree, feticide by vessel in the first and second degree, and serious injury by vessel as new crimes. Download

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CRIMINAL PROCEDURE Pretrial Proceedings: Provide for Transfer of Indictments; Revise Procedures for Handling Individuals Not Competent to Stand Trial; Revise Criminal Discovery for Felonies

The Act covers three different topics: transfer of indictment, competency to stand trial, and felony discovery. The transfer of indictment section allows an indictment or accusation to be transferred from the county where it is pending to the county where the defendant was arrested, is held, or is present. The

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