Pages
1
2
3
4
|
| U96-18 |
A video slot machine which involves no skill in its operation and offers a ticket value of up to $5.00 in merchandise is a "gambling device." |
| U96-21 |
A supplemental retirement plan for public employees which does not require substantial benefit to the employer, in the form of new service or otherwise, violates the prohibitions against governmental gratuities and extra compensation for services rendered. |
| U96-20 |
Pursuant to an act passed in 1996, rape and aggravated sodomy are no longer included within the crimes for which the mandatory minimum term of imprisonment is ten years; for these offenses, the mandatory term is one year in prison. Life without parole remains the mandatory term for repeat offenders. |
| U96-19 |
Whether the Georgia Lottery for Education Act prohibits the use of lottery funds under the HOPE Scholarship Program for home school student admitted for postsecondary education. |
| U96-17 |
The Lowndes County Sheriff's Department is authorized to enforce Lowndes County ordinances 94-0493-A and 94-0493-B, which prohibit trucks over ten wheels from using residential roads except when making temporary deliveries. |
| U96-16 |
A tie vote on consideration of a zoning proposal by the Madison County Board of Commissioners is not a "defeat" of the proposal so as to bar its reconsideration pursuant to O.C.G.A. § 36-66-4. |
| U96-15 |
Unless it has been formally discharged by court order, a grand jury may recess and reconvene as it sees fit to conduct business during the term of court, and may investigate the operation of county offices by reasonably observing county officials in the performance of their duties. |
| U96-13 |
ACOG's condition-of-entry rule prohibiting spectators from carrying small flags "other than those of participating countries" is questionable under the Constitution. |
| U96-14 |
In imposing criminal drug surcharges pursuant to O.C.G.A. § 15-21-100(a), only court costs relating to an offense prohibited by O.C.G.A. § 16-13-30, 16-13-30.1, or 16-13-31 should be included in determining the amount of the original fine. |
| U96-12 |
The General Assembly may not, through the passage of a Joint Resolution which has the effect of law, infringe upon the Board of Regents' constitutional authority to govern, control, and manage the University System of Georgia. |
| U96-11 |
O.C.G.A. § 45-7-54(a) authorizes state agencies to provide for automatic voluntary salary deductions to not-for-profit organizations engaged in educational, legislative, or professional development activities related to promoting and enhancing the efficiency, productivity, and welfare of state government services or of state government employees. |
| U96-10 |
O.C.G.A. § 15-21-75 imposes liability for delinquent payments of sums imposed under the Peace Officer and Prosecutor Training Fund Act of 1983 upon the person, agency, or unit of government having the duties both of collection of those funds and remittance to the Department of Revenue. Georgia law now places that dual responsibility on the clerk of court. |
| U96-9 |
State Board of Education Rules 160-4-4-.10 and 160-4-4-.20 are within the State Board of Education's statutory authority to promulgate rules and are consistent with the statutes regulating textbook adoption. |
| U96-8 |
Priority of payment of surcharges to and deductions from fines and forfeitures imposed in traffic cases. |
| U96-7 |
O.C.G.A. § 40-6-395(b)(5)(A); Interpretation to determine if cases are felonies requiring transfer to superior court. |
| U96-5 |
Application of O.C.G.A. § 49-4A-9 to juveniles tried and sentenced as adults. |
| U96-6 |
The Georgia Department of Family and Children Services may request that parents consent to placement of their children by the Department outside the family home, without the Department instituting legal action against the parents, either during the investigation of purported child abuse or after confirming child abuse, as long as the requirements under state and federal law for voluntary placements are met. |
| U96-4 |
The scope of the Fair Use Doctrine, 17 U.S.C. § 107, for making copies for classroom use, for teachers who make copies for research and scholarship, and the potential liability of teachers, librarians, and employees of nonprofit institutions for exceeding the parameters of fair use. |
| U96-3 |
Whether the scope of practice of dentistry includes certain surgical procedures. |
| U96-1 |
The "Crime Victims' Bill of Rights," O.C.G.A. § 17-17-1 et seq., is not applicable to juvenile court proceedings. |
| U96-2 |
The Gwinnett County Commission may increase the annual salary supplement for superior court judges beyond the minimum $19,750.00 provided for by local legislation, but a percentage of any such compensation must likewise be paid to the other county officials whose salaries are linked to local supplements paid to superior court judges. |
| U95-27 |
While the Ethics in Government Act does not expressly prohibit an incumbent member of the General Assembly from soliciting a pledge or setting goals for contributions during a legislative session, such actions would clearly be contrary to the policies and purposes of the Act and should be avoided. |
| U95-25 |
Alteration of the by-laws of the chamber of commerce would not work a change in the membership of the Crisp County - Cordele Industrial Development Authority and the appropriate representative to the authority is the chamber chairman who held the position of president at the time of the creation of the authority. |
| U95-26 |
There is no per se conflict of interest for an attorney who serves in the General Assembly to represent and provide legal services to a community service board as defined in O.C.G.A. § 37-2-11.1(c)(1) with respect to general matters, as well as in conjunction with employee disciplinary proceedings, as long as the legislator, in his or her capacity as the board's legal representative, does not take any adverse action against the state or any of its agencies. |
| U95-24 |
The General Assembly of Georgia may, within constitutional limitations, enact legislation which requires the public libraries of this state to distinguish between materials which are "harmful to minors" and other materials in order to prevent the exposure of such materials to children. |
| U95-23 |
When the General Assembly enacted legislation which required the Vidalia Public School System to be brought into conformity with the method of certification and levy of school tax provided in Ga. Const. 1983, Art. VIII, Sec. VI, Para. I(a), it eliminated the Vidalia Public School System's ability to utilize a different method of certification and levy which had been allowed under the "grandfather" provision in Ga. Const. 1983, Art. VIII, Sec. VI, Para. I(d). |
| U95-22 |
A county board of tax assessors and county board of equalization are subject to the provisions of the Georgia Open Meetings Law, O.C.G.A. § 50-14-1 through 50-14-6. |
| U95-21 |
Lumpkin County may not enter into a long-term lease with the Georgia Tribe of Eastern Cherokee Indians under the intergovernmental contract provisions of 1983 Georgia Constitution, Article IX, Section III, Paragraph I. |
| U95-20 |
A magistrate judge may issue an arrest warrant for someone charged with the offense of deposit account fraud, O.C.G.A. § 16-9-20, based on the affidavit of a person working for a company in the business of collecting worthless checks for merchants, provided that the collection company has legally acquired possession, and is entitled to receive payment, of the instruments, or that the company is an agent with express authorization from its principal. |
| U95-18 |
In the absence of clear legislative authority, a local school board may not appoint a new school superintendent for a term beginning after the terms of a majority of the current board expire. |
| U95-19 |
A sentencing court may not require an offender to make restitution on those counts of a multi-count indictment which are dismissed pursuant to a negotiated plea agreement. However, where an offender voluntarily agrees to make restitution in a certain amount, even if such amount exceeds the victim's "damages," the sentencing court may incorporate that agreement into its restitution order. |
| U95-16 |
Resolution 70, 1986 Ga. Laws 529, adopting English as the official language of the State of Georgia has the force and effect of law. |
| U95-17 |
Under certain circumstances, the Environmental Protection Division may authorize special environmental projects in lieu of unimposed or unaccrued monetary penalties; however, the modification of the Consent Order here in question so as to reduce the amount of unaccrued stipulated penalties and require that an amount equal to the reduction be spent on development of a proposed Chattahoochee River Recreational Park would not appear to be authorized. |
| U95-15 |
A school board may not close to the public any meeting devoted to the airing of grievances about school personnel by interested members of the public. Further, should the school board conduct an inquiry into the actions of school personnel any evidence or argument presented to the board must be held in an open meeting, but the board may close that portion of the meeting consisting of deliberation or discussion of disciplinary action upon proper compliance with the statutory meeting closure provisions. |
| U95-14 |
Forsyth County did not establish a county police force when it created a county marshal's office in 1985 and, therefore, the county governing authority must comply with the requirements of O.C.G.A. § 36-8-1(b) before creating a county police force. |
| U95-13 |
A hospital authority may apply for a certificate of need outside its area of operation and without the permission of the affected governing authority or hospital authority board in the planned service area, provided however that in order to implement the certificate permission to pursue the health care activity would be required. |
| U95-12 |
The City of Tifton may not transfer real property by deed of gift to the Tift County Recreation Department for recreational use but may transfer real property pursuant to a valid inter-governmental contract. |
| U95-11 |
A hospital authority may not own or operate a business corporation consistent with the mandate of the Georgia Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq. Further, a member of a hospital authority board has an impermissible conflict of interest where he has any financial interest, not de minimis, in an entity conducting business with the authority notwithstanding the existence of an intermediary between the board and the entity. |
| U95-10 |
A court reporter is required to make the disclosure of the complete arrangements for the reporting of a deposition required by O.C.G.A. § 9-11-28(d) at the beginning of the deposition. The requirement of disclosing the complete arrangements includes disclosing the costs to be charged to the person making the arrangements for the court reporter's services. |
| U95-9 |
The School Safety and Juvenile Justice Reform Act grants exclusive jurisdiction to the superior court over any matter concerning any child 13 to 17 years of age who is alleged to have committed certain serious felony offenses; therefore, a magistrate court judge must be designated to serve as a superior court judge in order to issue arrest warrants, conduct a first appearance hearing, and conduct a preliminary or committal hearing for juveniles covered by the Act. |
| U95-8 |
Court records concerning juveniles should be afforded the same treatment as any other superior court records when the superior court retains exclusive jurisdiction over a case involving a juvenile thirteen to seventeen years of age who is accused of committing any of the seven offenses specified in O.C.G.A. § 15-11-5(b)(2)(A). |
| U95-7 |
Petitions for relief under the Family Violence Act and petitions for divorce may be combined in one action; however, the procedures governing the divorce action must comply with the Civil Practice Act. Furthermore, the filing fees for such a combination action would be governed by the general civil action filing fees provisions; only if a petition for relief under the Family Violence Act is filed separately would the unique lesser filing fee in O.C.G.A. § 19-13-3(a) be applicable. |
| U95-6 |
A state court judge who establishes residency outside of the county from which the judge is elected vacates this office as a matter of law. |
| U95-5 |
When determining the results of voting for a consolidated government, the term "county," as used in O.C.G.A. § 36-60-16, means the whole county not just the unincorporated portion thereof. |
| U95-4 |
A professional corporation is prohibited by state law from issuing stock to an employee stock ownership plan, established as a trust, where some of the beneficiaries of the trust are not licensed in the profession of the corporation. |
| U95-3 |
The executive director to a MH/MR/SA regional board may be hired by the state division director only with the approval of the regional board, and may be fired by the state division director, either on his own initiative or in compliance with the request of a majority of the regional board membership. |
| U95-2 |
Persons who fall within the definition of a lobbyist in relation to county or municipal matters, as defined under O.C.G.A. § 21-5-70(6)(D), (E), (F), must comply with the registration and reporting requirements of the Public Officials Conduct and Lobbyist Disclosure Act. |
| U95-1 |
Questions regarding the jurisdiction of the probate court. |
| U94-17 |
A professional bondsman may require as a condition of his suretyship that, in addition to the fee allowed by O.C.G.A. � 17-6-30, he receive an indemnification from a third party in an amount equal to the principal amount of the bond without violating O.C.G.A. � 17-6-30. Furthermore, a court may order the payment of restitution to a bail bondsman for a loss sustained as a consequence of an accused criminal jumping bail in violation of O.C.G.A. § 16-10-51. |
| U94-16 |
Publication of the Official Code of Georgia Annotated in Book Format and in CD-ROM Format |
| Pages
1
2
3
4
|
