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Volume 13, Issue 1 (Fall 1996)

CRIMES AND OFFENSES Damage to and Intrusion upon Property: Provide a New Law Regarding Bombs and Explosives; Provide for Jurisdiction in Juvenile Courts; Provide Specific Definitions and a Comprehensive List of Explosives; Provide for Offenses Relatin...

The Act creates new provisions relating to bombs, explosives, and chemical and biological weapons and provides a comprehensive list of explosive materials. The Act provides for the offenses of manufacturing, transporting, distributing, and possessing with the intent to distribute an explosive device. The Act provides that a violation of certain

COMMERCE AND TRADE Selling and Other Trade Practices: Provide for Civil Remedies and Criminal Penalties in Cases of Intentional Theft While Engaged in Telemarketing, Internet, or Other Computerized Activities; Provide for Investigation and Enforcement...

The Act addresses theft committed while engaged in telemarketing or activity on any computerized system that utilizes a computer or a modem. It provides for criminal penalties, as well as civil or equitable remedies by individuals. The Act authorizes double civil and criminal penalties for such unlawful activities targeted at

COMMERCIAL CODE Commercial Paper, Bank Deposits and Collections: Adopt Uniform Commercial Code Provisions Regarding Negotiable Instruments and Bank Deposits and Collections

The Act amends the entirety of those provisions of the Code regarding commercial paper, namely negotiable instruments and bank deposits and collections. The Act largely adopts Uniform Commercial Code Articles 3 and 4. The purpose of the Act is to keep regulations current with technology and business practices and to

CONSERVATION AND NATURAL RESOURCES Waste Management: Change Certain Hazardous Substance Reporting Fees; Limit Liability of Subsequent Purchasers of Certain Property; Exempt Certain Persons from Third-Party Liability; Provide Corrective Action Plan for...

The Act alters the reporting fees and liability of owners of property that falls under Georgia's Hazardous Waste Management laws. The Act exempts certain person from liability for clean-up costs and punitive damages by changing the definition of "a person who has contributed or who is contributing

CONSERVATION AND NATURAL RESOURCES Water Resources: Mandate Adoption of Construction Milestone Schedule to Meet Phosphorous Reduction Standards; Provide Schedules of Fines and Penalties Imposed for Failure to Meet Construction Schedule; Impose Fines a...

The Act mandates that the holders of certain waste water discharge permits who fail to meet existing phosphorous reduction standards shall adopt a schedule of construction milestones to reach amended standards established by the Act. The Act further imposes mandatory monetary penalties for failure to meet those milestones. The Act

CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Business Corporations: Require Demand in All Shareholder Derivative Actions; Raise the Standard of Care Required for Indemnification of Corporate Directors; Provide that a Director Must be Wholly Successful...

The Act requires demand on the corporation for a shareholder derivative action. The standard of care required for indemnification of a director is changed from a subjective standard to an objective reasonableness standard. In order to be entitled to mandatory indemnification, a director must be wholly successful in his or

COURTS General Provisions: Establish Factors for Courts to Consider When Determining Whether to Allow Filming or Videotaping in the Courtroom; Allow for Citations When Court Orders Related to Media Cameras in the Courtroom are Violated

The Act establishes factors for courts to consider in deciding whether to allow filming or videotaping of judicial proceedings. The Act provides courts with the discretion to allow cameras to film all or a portion of a judicial proceeding. The Act does not apply to the use of electronic or

COURTS Juvenile Proceedings, Parental Rights: Provide Guidance for Reunification or Termination of Parental Rights

The Act provides guidance to the courts and the Department of Family and Children Services for reunification and termination of parental rights. The Act grants juvenile court judges the authority to appoint a guardian ad litem to determine if termination of parental rights is appropriate. The Act specifies a review

CRIMES AND OFFENSES Controlled Substances: Provide for the Creation of Drug-Free Commercial Zones

The Act provides for the creation of drug-free commercial zones. It adds to the penalties for illegal manufacture, distribution, or possession with intent to distribute controlled substances or marijuana within these zones, including possible probationary ban from entering the zone after conviction. The Act requires local governments to file annual

CRIMES AND OFFENSES Crimes Against the Person: Increase Penalty for Family Violence Convictions and Reduce the Number of "Free Strikes" for Batterers

The Act defines the offense of family violence battery and establishes the punishment for first and subsequent convictions of family violence battery. The Act adds two members to the State Commission on Family Violence and defines the term and authority of its members. The Act also extends the termination date

HIGHWAYS, BRIDGES, AND FERRIES Regulation of Maintenance and Use of Public Roads Generally: Provide that No Outdoor Advertising Depicting Obscene Material Shall be Allowed; Restrict Outdoor Advertising of Commercial Establishments Where Nudity is Exhi...

The Act prohibits outdoor advertising that depicts obscene material. The Act restricts outdoor advertising of commercial establishments that exhibit nudity, limiting the advertising to the property of the establishment. Download PDF

EVIDENCE Particular Matters of Proof: Permit Authentication of Photographs, Motion Pictures, Videotapes, and Audio Recordings for Admissibility as Evidence When Witness is Unavailable and Device Was Not Operated by an Individual

The Act permits authentication of photographic, videotaped, and audiotaped evidence when the witness is unavailable if the evidence was not produced by an individual and is proven to have been made contemporaneously with the event in question. Download PDF

GUARDIAN AND WARD Guardians of Beneficiaries of United States Department of Veteran Affairs: Revise Provisions Relating to Guardian's Compensation; Redefine Terminology Relating to Guardians; Revise Notice Procedure Provided by Guardian Applicant; Pro...

The Act primarily clarifies terminology and procedures relating to guardianship of a beneficiary of the United States Department of Veteran Affairs (VA). First, the Act redefines a few key definitions used throughout chapter six of or title 29. Second, the Act adds a requirement of notice to the VA and

EDUCATION General Provisions: Create Office of School Readiness; Elementary and Secondary Education: Provide State School Superintendent with Authority to Employ Certain Senior Staff Personnel and to Enter Into Certain Contracts; Vocational Education...

The Act creates an Office of School Readiness to fulfill certain duties previously performed by the Department of Education. The Act allows the Office of School Readiness to have a director as well as equipment, positions, and appropriations from other state agencies. The Act provides the State School Superintendent with