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AMENDMENT TO THE CONSTITUTION OF THE STATE OF GEORGIA Article IV. Constitutional Boards and Commissions, Section II. State Board of Pardons and Paroles, Paragraph 11. Powers and Authority: Give the Legislature Power to Create Mandatory Minimum Sentence...

This Resolution proposes an amendment to the Constitution to give the General Assembly authority to set mandatory minimum sentences and a sentence to life without parole for certain crimes. The proposed amendment would remove authority from the State Board of Pardons and Paroles to consider persons serving these sentences for

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LAW ENFORCEMENT OFFICERS AND AGENCIES Georgia Bureau of Investigation: Provide Certificate of Authenticity

The Act adds a new Code section to the general provisions relating to the Georgia Bureau of Investigation. The new Code section provides that law enforcement agencies may submit substances, blood, or urine to the Division of Forensic Sciences for testing. It also requires that upon completion of the testing

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COURTS Magistrate Courts: Provide for an Optional No Contest Bond Forfeiture Procedure for Misdemeanor Bad Check Violations as a Final Disposition and Provide for Bench Warrants When Forfeiture Is Not Final Disposition

The Act provides that chief magistrates may establish no contest cash bond schedules, allows persons arrested or accused of misdemeanor bad check violations to post a no contest cash bond, and deems failure to appear for trial to be a guilty plea and forfeiture of the bond, unless the court

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COMMERCE AND TRADE Selling and Other Trade Practices: Provide it Shall Be Unlawful for Any Person to Sell or Offer for Sale Any Ticket of Admission to Any Entertainment Event for a Price in Excess of the Price Printed on the Ticket and Provide for Serv...

The Act prohibits selling or offering to sell any ticket to certain sporting events for a price in excess of the price printed on the ticket. However, the Act provides that authorized ticket agents may charge a service charge which does not exceed three dollars. In addition, the Act provides

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CRIMINAL PROCEDURE Sentence and Punishment: Provide that Persons Who are Convicted of Certain Serious Violent Felonies Shall Serve Minimum Prison Sentences and Other Court Ordered Sentences in Their Entirety; Provide that a Person Who Has Been Convicte...

The Sentence Reform Act of 1994 provides for a minimum sentence of ten years for persons convicted for the first time of serious violent felonies with the sentence to be served in its entirety. Furthermore, the Act provides that when the court orders sentences for first-time conviction of serious violent

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BANKING AND FINANCE Affiliate Transfers: Amend Definitions to Include Affiliated Banks Authorized to Exercise Trust Powers

The Act amends the definitions regarding affiliate transfers between certain financial institutions. The term "affiliate transfer" refers to bank or trust company transfers made to affiliated trust companies or affiliated banks which have received the required approvals from the appropriate regulatory authorities to exercise trust powers. The term

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CIVIL PRACTICE Actions Generally: Provide for Notice of Civil Recovery Action Involving Recipients of Medical Assistance

The Act provides that any person who has received Medicaid benefits for treatment of injuries giving rise to a tort claim must give notice to the Department if Medical Assistance prior to the initiation of a recovery action. Initiation of a recovery action includes any communication with a party who

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COMMERCE AND TRADE Creation and Nature of Agency Relationship: Provide for Grants of Conditional Power of Attorney

The Act clarifies the law relating to the validity of granting a conditional power of attorney. Such grants are valid if they are made in writing and if they provide for one or more persons, as designated by the principle, to determine by written declaration that the event or contingency

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CONSERVATION AND NATURAL RESOURCES Water Resources: Amend Provisions Concerning Failure to Submit Plan to Eliminate Combined Sewer Overflows

The Act removes a provision from existing law that automatically prohibited a municipality that failed to submit a schedule for eliminating its combined sewer overflows by a specified deadline from making any connections to the combined sewer system. Failure to meet the deadline can still result in penalties under the

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COMMERCIAL CODE Revisions to Article 9 Filing: Require Filing Statements and Central Indexing Priority Among Conflicting Security Interests

The first Act (which came from HB 244) requires that Uniform Commercial Code financing statements, amendment statements, continuation statements, termination statements, assignment of rights, and release of collateral be presented for filing on forms prescribed by the Georgia Superior Court Clerks' Cooperative Authority. The Act also provides for the

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CONSERVATION AND NATURAL RESOURCES Solid Waste Management: Permit Vertical Expansion of Municipal Solid Waste Landfills, Modify Solid Waste Management Planning Requirements, Exempt Waste-to-Energy Facilities from Source Reduction Calculations, Provide...

The Act seeks to reduce the amount of solid waste generated in the state by imposing restrictions on the disposal of tires and yard trimmings and by utilizing source reduction and planning methodologies. In addition, the Act seeks to expand Georgia's current municipal solid waste landfill space by

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CONSERVATION AND NATURAL RESOURCES Waste Management: Require Compilation of Inventory of Hazardous Sites in Georgia and Require Disclosure of Property Owners of Hazardous Waste Contamination

The Act requires the Environmental Protection Division to compile and update an inventory of hazardous sites which list all the locations in Georgia where substantial amounts of hazardous waste have been dumped or released. The Act also sets forth disclosure requirements by owners of property contaminated with hazardous waste, and

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Limited Liability Company Act: Provide for the Formation of Limited Liability Companies

The Act provides for the formation of limited liability companies. These hybrid companies enjoy the tax benefits of partnerships and the limited liability advantages of corporations. The Act further regulates various aspects of limited liability companies, such as their formation, management, finance, admission and withdrawal of members, dissolution, merger, derivative

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COURTS Georgia Court-annexed Alternative Dispute Resolution Act: Create and Fund Alternative Dispute Resolution Programs in Each County in Georgia

The Act provides for a means of funding court-annexed or court-referred alternative dispute resolution programs in every county. The Act enables counties to collect a sum not to exceed five dollars, in addition to other legal costs, for each civil action or case filed in one of the designated courts

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