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Office of Attorney General of Georgia

Unofficial Opinions

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U94-14 Legislation will be required to permit the Department of Transportation to exceed limits on professional services contracts placed by state law.
U94-15 O.C.G.A. § 33-23-1(b)(1) permits unlicensed administrative employees in the office of an insurance agent to open mail containing insurance premium checks.
U94-13 A clerk of superior court may not file and record maps or plats relating to the real estate in his county which do not meet the requirements of O.C.G.A. § 15-6-67, as amended by Georgia Laws 1994, p. 1096.
U94-12 A replacement probate judge appointed in good faith pursuant to O.C.G.A. § 15-9-13(a) may be designated pursuant to O.C.G.A. § 15-1-9.1 to assist temporarily a state court for a specified duration, assuming that individual meets the statutory qualifications of O.C.G.A. § 15-7-21(a)(1).
U94-11 commercial driver's license is required to operate a motor vehicle when the registered gross vehicle weight rating exceeds the amount specified in O.C.G.A. § 40-5-142(7)(A).
U94-10 Inasmuch as Fort Stewart remains in the exclusive jurisdiction of the federal government, the Juvenile Court of Liberty County does not have jurisdiction over juveniles who have allegedly committed delinquent acts on the military base.
U94-9 The use of a metal detector to screen everyone or to randomly screen students as they enter school is not an unreasonable search and thus is not unconstitutional. However, the metal detector could be used in some manner, such as selective screening, which could violate the Fourth Amendment's prohibition against unreasonable searches. If the metal detector is used selectively, school officials should have reasonable cause to believe that the students or individuals selected possess a weapon.
U94-8 House Bill 1074 amending the charter of a municipality may be in violation of the constitutional provision which requires the General Assembly to so act only by general law.
U94-7 Civil actions filed under the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., are subject to fees charged by the clerk for alternative dispute resolution programs under O.C.G.A. § 15-23-7; but collection of fees must await conclusion of the action and the fee ordinarily should be charged to the child support obligor.
U94-6 The Georgia Department of Medical Assistance must provide coverage for medically necessary abortions and may impose reasonable reporting or documentation requirements for abortions resulting from rape or incest.
U94-5 O.C.G.A. § 50-3-3 requires that the state flag be displayed in the schools on appropriate occasions, as determined by local school boards, within their scope of discretion relating to educational responsibilities.
U94-4 O.C.G.A. § 10-9-14 empowering the Geo. L. Smith II Georgia World Congress Center Authority to regulate activities on the sidewalks and streets immediately adjacent to the World Congress Center's projects during an event period does not violate the City of Atlanta's home rule power.
U94-3 The Legislative Services Committee does not have the authority to dispose of the items returned by the members of the General Assembly pursuant to O.C.G.A. § 45-7-4(a)(22).
U94-2 The Ethics in Government Act requires a campaign committee formed for the purpose of opposing a local option sales tax referendum to file a campaign contribution disclosure report; however, the Act does not compel each contributor to such a committee to file a separate disclosure report.
U94-1 When a superior court transfers the question of custody determination to a juvenile court pursuant to O.C.G.A. § 15-11-6(b), the juvenile court may make a temporary custody determination pending the outcome of the divorce action; only if the divorce is entered can it then make a permanent custody determination.
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