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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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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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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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MOTOR VEHICLES AND TRAFFIC Drivers Licenses: Mandate Implied Consent Warnings and Applicable Intoxication Levels for Georgia Drivers; Provide for Certification of Testing Equipment and Personnel; Provide for Taking and Admission of Sequential Breath Sa...

The Act requires law enforcement officers to give a specific warning to drivers stopped for driving under the influence. The Act codifies different warnings for different classes of drivers on Georgia roads. Further the Act establishes certification standards for breath-testing instruments and for the personnel administering the test. Finally, the

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CRIMINAL PROCEDURE Bonds and Recognizances: Expand Superior Court Jurisdiction of Bail Hearings; Create Rebuttable Presumption of Flight for Persons Accused of Certain Violent Crimes

The Act amends bail hearing procedures, providing that certain offenses are bailable only before a superior court judge. In addition, the Act limits when bail can be granted in cases involving certain offenses. Lastly, the Act creates a rebuttable presumption of flight for those defendants facing a second conviction for

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PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Telephone and Telegraph Service: Create Telecommunications and Competition Development Act of 1995

The Act establishes a regulatory framework under which competition will be phased into Georgia’s local telephone services market. In addition, the Act provides for a modification in Georgia’s area code designations and provides penalties for obtaining and disseminating a caller’s unlisted

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LABOR AND INDUSTRIAL RELATIONS Workers' Compensation: Grant Immunity to Businesses Using Services of a Temporary Help Contracting Firm or Employee Leasing Company

The Act grants businesses the tort immunity provided to employers under the Workers’ Compensation Act when the business uses the services of a temporary help contracting firm or an employee leasing company. The Act provides that temporary help contracting firms and employee leasing companies are statutory employers for

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REVENUE AND TAXATION Income Taxes: Hold Service Providers to Three-Factor Tax Apportionment Standard Used by Manufacturers

The Act clarifies how service companies are required to report net income attributable to Georgia. Service companies must allocate their income based on a three-factor formula, which is a similar method to that which nonservice companies have been required to use. The Act allows a service company to petition the

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COURTS: Juvenile Proceedings, Parental Rights Provide for Public Access to Juvenile Court Proceedings and Records; Provide for Fingerprinting of Certain Juvenile Offenders; Provide for Victim Notification Upon Release or Parole of Violent Juvenile Off...

The Act provides for the fingerprinting of juveniles charged with violent crimes. The Act allows public access to juvenile proceedings and records involving certain felonies and allegations of delinquency. The Act also prohibits the sealing of any juvenile records which involve a public proceeding. Further, the Act requires that victims

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COURTS: Juvenile Proceedings, Parental Rights Modify Training Requirements for Juvenile Court Judges Showing Hardship; Define Rights and Responsibilities of Department of Corrections with Respect to Certain Juveniles

The Act gives the Institute of Continuing Education of Georgia, in cooperation with the Council of Juvenile Court Judges, the authority to establish seminars for all judges exercising juvenile court jurisdiction. The Act allows the Council to give Juvenile court judges credit for attending seminars outside the state or to

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Partnerships: Provide for Formation of Domestic Limited Liability Partnerships

The Act allows for formation of limited liability partnerships in Georgia. A partner in a limited liability partnership will not be derivatively liable for the acts or omissions of a partner or the acts or omissions of the limited liability partnership. The Act requires a partnership that desires limited liability

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CONSERVATION AND NATURAL RESOURCES Control of Soil Erosion and Sedimentation: Establish "Best Management Practices" as Standard for General Permits for Land-Disturbing Activities

The Act grants authority to the Director of the Environmental Protection Division of the Department of Natural Resources to impose either effluent limitations or best management practices for erosion and sedimentation control in general water pollution discharge permits. Additionally, the Act requires, as a minimum, that rules and regulations governing

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BANKING AND FINANCE Financial Institutions: Change Georgia Department of Banking and Finance Regulations Relating to Financial Institutions

The Act amends many provisions in the Code regarding the regulation of financial institutions. The Act clarifies Georgia banking law as it applies to local representative offices of out-of-state banks. The Act defines certain terms and changes the restrictions imposed upon the Commissioner of Banking and Finance Department examiners in

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