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Volume 12, Issue 1 (Fall 1995)

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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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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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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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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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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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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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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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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