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Volume 10, Issue 1 (Fall 1993)

REVENUE AND TAXATION Income Taxes: Provide Provisions Regarding Treatment by Corporations of Foreign Dividends, Job Tax Credits, Withholding Taxes on Distributions from Partnerships, Withholding Taxes on Transfers of Real Property by Nonresidents, and...

HB 536 clarifies which dividends received from foreign sources a corporation may deduct from its net income and creates a job tax credit program for jobs created in less developed areas. HB 384 creates a withholding tax equal to four percent of the distributions made from partnerships, S corporations, and

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PROPERTY Mortgages, Liens, and Security: Provide for Notice of Lien Rights to Owners of Real Property, Contractors, and Providers of Labor, Services or Materials

The Act provides that owners or contractors of real property must provide written notice of the identities of the property owner, the contractor, and any surety or construction lender for a construction project to persons who are not in privity of contract with the project contractor and who provide labor,

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CRIMINAL PROCEDURE Sentencing and Punishment: Permit Judicial Consideration of Certain Evidence and Testimony in Cases Where the Death Penalty May be Imposed

The Act amends Georgia law relating to the admissibility of victim impact evidence to include those cases in which life imprisonment or the death penalty may be imposed. The Act provides procedures for the introduction of evidence which demonstrates the emotional impact of the defendant's crime upon the

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PENAL INSTITUTIONS Sentence and Punishment: Provide for the Imposition of Life Without Parole

The Act provides for the imposition of a sentence of life imprisonment without parole on a defendant convicted of murder where the fact-finder (judge or jury) has found one or more statutory aggravating circumstances. Imprisonment for life without parole means that the defendant shall be incarcerated for what remains of

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TORTS General Provisions: Provide Immunity to Physicians Providing Uncompensated Services to Nonprofessional Athletes

The Act immunizes licensed physicians from civil liability for acts or omissions committed while providing physical examinations or serving as team doctors on a voluntary basis to amateur or nonprofessional athletes. Physicians guilty of willful of wanton acts or omissions do not receive immunity. Download PDF

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TORTS General Provisions: Provide Immunity to Dental Students

The Act immunizes dental students from tort liability for acts or omissions in providing dental treatment as part of their academic curriculum. Medical facilities, academic institutions, and dentists overseeing the work of the dental treatment are not provided immunity. The Act exempts willful of wanton conduct from the immunity. Download

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EVIDENCE Witness Generally: Limit Circumstances in Which Pharmacists May be Required to Release Medical Information About Patients

The Act prohibits a pharmacist from being required to release medical information about a patient, unless there is a written waiver by the patient or the patient's legal representative, a court order, or subpoena requiring release. Pharmacists releasing information pursuant to a waiver, court order, or subpoena are

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BANKING AND FINANCE Financial Institutions: Provide for Licensing of Mortgage Lenders and Mortgage Brokers

The Act sets forth guidelines for the licensing and regulation of mortgage brokers and mortgage bankers by the state Department of Banking and Finance (Department). The Act calls for the Department to investigate mortgage companies and individual bankers applying for licenses and to review their lending practices before renewing licenses.

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MOTOR VEHICLES AND TRAFFIC; PENAL INSTITUTIONS Driver's Licenses, Probation: Modify Procedures and Penalties Relating to Driving Under the Influence of Drugs or Alcohol

SB 28 authorizes courts to require the installation of ignition interlock devices as a condition of probation for persons convicted of drunk driving twice within a five year period. HB 24 requires habitual violators and persons whose licenses have been suspended for DUI offenses to complete A DUI Alcohol or

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EVIDENCE Best Evidence Rule: Revise Georgia Best Evidence Rule Relating to Admissibility of Reproduction Made in the Regular Course of Business

The Act changes the requirements of the Georgia Best Evidence Rule relating to the admissibility of reproductions made in the regular course of business. The Act expands the scope of the rule by deleting the requirement that the image be nonerasable and that the reproduction be a permanent preservation of

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PROPERTY Commercial Real Estate Broker Lien Act: Provide for Civil Actions to Enforce Liens of Commercial Real Estate Brokers

The Act authorizes commercial real estate brokers to execute liens on commercial real estate arising out of a listing or any other agreement for the management, sale, or lease of commercial real estate. The Act permits real estate brokers to commence civil actions to enforce such liens and provides for

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LOCAL GOVERNMENT Zoning Procedures: Clarify Hearing Procedures for Adopting Zoning Ordinances

The Act clarifies the procedures used by cities and counties for the local adoption of zoning ordinances, and amends certain definitions in the Georgia Zoning Procedures Law. The Act eliminates any ambiguity as to the hearing and notice process which must be utilized by local governments. Download PDF

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LABOR AND INDUSTRIAL RELATIONS Workers' Compensation: Provide for Premium Discount to Employers Who Maintain a Drug-free Workplace and Revise Other Aspects of the System

HB 677 allows administrative law judges to serve on the State Board of Workers' Compensation to review cases on appeal, provides for the issuance of experience modification worksheets to the insured, and establishes requirements to solicit membership in a workers' compensation self-insurance fund. HB 678 exempts independent contract

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