reglab/housing_qa huggingface dataset:
GA Code § 10-12-19 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 12 - Electronic Transactions|§ 10-12-19. Standards

 Any governmental agency of this state which adopts standards pursuant to Code Section 10-12-18 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.    (Code 1981, §10-12-19, enacted by Ga. L. 2009, p. 698, § 1/HB 126.)
GA Code § 10-12-20 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 12 - Electronic Transactions|§ 10-12-20. Chapter Modifies, Limits, and Supersedes Electronic Signatures in Global and National Commerce Act

 This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).    (Code 1981, §10-12-20, enacted by Ga. L. 2009, p. 698, § 1/HB 126.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2009, a misspelling of "Commerce" was corrected and a minor punctuation change was made in this Code section.
GA Code § 10-13-1 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 13 - Tobacco Product Manufacturers|§ 10-13-1. Legislative Findings; Master Settlement Agreement

  Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.   Cigarette smoking also presents serious financial concerns for the state. Under certain health-care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.   Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.   It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.   On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described therein, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.   It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.     (Code 1981, §10-13-1, enacted by Ga. L. 1999, p. 725, § 1.)   RESEARCH REFERENCES   ALR.   - Validity, construction, application, and effect of master settlement agreement (MSA) between tobacco companies and various states, and state statutes implementing agreement; use and distribution of MSA proceeds, 25 A.L.R.6th 435.
GA Code § 10-13-4 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 13 - Tobacco Product Manufacturers|§ 10-13-4. Copies of Master Settlement Agreement Available to the Public

 The "Master Settlement Agreement" referred to in subsection (e) of Code Section 10-13-1 and other provisions of this chapter has been transmitted by the Attorney General to the Secretary of State and shall be maintained as a permanent record in the office of the Secretary of State, together with the enrolled Act by which this chapter is enacted. The Master Settlement Agreement shall not be published with the Act, but the Secretary of State shall, upon request and payment of copying costs, make a copy or certified copy of such document available to any member of the public.    (Code 1981, §10-13-4, enacted by Ga. L. 1999, p. 725, § 1.)
GA Code § 10-13A-1 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 13A - Master Settlement Agreement Enhancements|§ 10-13A-1. Legislative Findings

 The General Assembly finds that violations of Chapter 13 of this title threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The General Assembly finds that enacting procedural enhancements will aid the enforcement of such chapter and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the state, and the public health.    (Code 1981, §10-13A-1, enacted by Ga. L. 2003, p. 829, § 1; Ga. L. 2016, p. 528, § 3/HB 899.)   Editor's notes.   - Ga. L. 2016, p. 528, § 3/HB 899, effective July 1, 2016, reenacted this Code section without change.   RESEARCH REFERENCES   ALR.   - Validity, construction, application, and effect of master settlement agreement (MSA) between tobacco companies and various states, and state statutes implementing agreement; use and distribution of MSA proceeds, 25 A.L.R.6th 435.
GA Code § 10-13A-4 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 13A - Master Settlement Agreement Enhancements|§ 10-13A-4. Directory Available via Internet; Requirements for Inclusion and Maintenance; E-Mail Requirement for Distributor

  The Attorney General shall develop and make available for public inspection on its website a directory, as defined in paragraph (5) of Code Section 10-13A-2.   The Attorney General shall not include or retain in such directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose certification the Attorney General determines is not in compliance with Code Section 10-13A-3, unless the Attorney General has determined that such violation has been cured to the satisfaction of the Attorney General.   Neither a tobacco product manufacturer nor brand family shall be included or retained in the directory if the Attorney General concludes, in the case of a nonparticipating manufacturer, that:   Any escrow payment required pursuant to Chapter 13 of this title for any period for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; or   Any outstanding final judgment, including interest thereon, for a violation of Chapter 13 of this title has not been fully satisfied for such brand family or such manufacturer.     The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove tobacco product manufacturers or brand families to keep the directory in conformity with the requirements of this chapter.   Every distributor shall provide and update as necessary an e-mail address to the Attorney General for the purpose of receiving any notifications as may be required by this chapter.     (Code 1981, §10-13A-4, enacted by Ga. L. 2003, p. 829, § 1; Ga. L. 2016, p. 528, § 3/HB 899.)    The 2016 amendment,  effective July 1, 2016, in subsection (a), substituted "The" for "Not later than August 1, 2004, the" at the beginning and substituted "paragraph (5)" for "paragraph (4)" near the end; and deleted "subsection (c) of" preceding "Code Section" in the middle of subsection (b).   Law reviews.   - For annual survey on administrative law, see 61 Mercer L. Rev. 1 (2009).   JUDICIAL DECISIONS   Misinterpretation of Attorney General's power under O.C.G.A.    § 10-13A-4(b). - Trial court committed an error of law by affirming a decision of the Georgia Attorney General (AG) that a cigarette manufacturer was not a tobacco product manufacturer under the Georgia Qualifying Statute, O.C.G.A. § 10-13-2(9), and, therefore, could not sell cigarettes under its brand name in Georgia since the AG's decision was based in part on a misinterpretation of O.C.G.A. § 10-13A-4(b) and the AG's retention of the ability to have the manufacturer cure any certification deficiencies. Carolina Tobacco Co. v. Baker, 295 Ga. App. 115, 670 S.E.2d 811 (2008).
GA Code § 10-13A-5 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 13A - Master Settlement Agreement Enhancements|§ 10-13A-5. Prohibition Against Affixing Tax Stamp to Manufacturer or Brand Not Included in Directory

 It shall be unlawful for any person to affix a tax stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory or to sell, offer for sale, or possess with intent to sell, or import for personal use, in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.    (Code 1981, §10-13A-5, enacted by Ga. L. 2003, p. 829, § 1; Ga. L. 2016, p. 528, § 3/HB 899.)    The 2016 amendment,  effective July 1, 2016, inserted "or import for personal use," in the middle of this Code section.
GA Code § 10-13A-7 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 13A - Master Settlement Agreement Enhancements|§ 10-13A-7. Bond From Nonparticipating Manufacturers; Escrow

  All nonparticipating manufacturers shall post a bond for the benefit of the state which is subject to execution under subsection (c) of this Code section. The bond shall be posted by a corporate surety located within the United States. The bond shall be posted and evidence of such posting shall be provided to the Attorney General with the nonparticipating manufacturer's quarterly and annual certifications as a condition of the nonparticipating manufacturer and its brand families being included or remaining in the directory for the following quarter or year.   The amount of the bond shall be the greater of:   Fifty thousand dollars; or   The highest amount of escrow owed in Georgia by the nonparticipating manufacturer or its predecessor in the last 12 quarters.     If a nonparticipating manufacturer that posted a bond has failed to make, or have made on its behalf by an entity with joint and several liability, escrow deposits equal to the full amount owed for a quarter within 15 days following the due date for the quarter under Code Section 10-13-3, the state may execute upon the bond, first to recover delinquent escrow, which amount shall be deposited into a qualified escrow account under Code Section 10-13-3, and then to recover civil penalties and costs authorized under such Code section. Escrow obligations above the amount collected on the bond remain due from that nonparticipating manufacturer and from the importers that sold its cigarettes during that calendar quarter and at any time prior to the removal of the nonparticipating manufacturer and brand from the directory.     (Code 1981, §10-13A-7, enacted by Ga. L. 2016, p. 528, § 3/HB 899.)   Editor's notes.   - Ga. L. 2016, p. 528, § 1/HB 899, effective July 1, 2016, redesignated former Code Section 10-13A-7 as present Code Section 10-13A-8.   Administrative Rules and Regulations.   - Rules Governing Escrow Payments from Non-Participating Tobacco Product Manufacturers, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Law, Consumer Interest Section, Chapter 60-1-1.
GA Code § 10-13A-10 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 13A - Master Settlement Agreement Enhancements|§ 10-13A-10. Review of Attorney General's Decision on Removal From Directory; Certification of Full Compliance Required; Recovery of Costs; Conflicts With the Master Settlement Agreement

  A determination of the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Article 1 of Chapter 13 of Title 50, known as the "Georgia Administrative Procedure Act."   No person shall be issued a license or granted a renewal of a license under Chapter 11 of Title 48 to act as a distributor unless such person has certified in writing that such person will comply fully with this chapter.   The Attorney General may promulgate rules and regulations necessary to effect the purposes of this chapter.   In any action brought by the state to enforce this chapter, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney fees.   If a court of competent jurisdiction finds that the provisions of this chapter and of Chapter 13 of this title conflict and cannot be harmonized, then such provisions of Chapter 13 of this title shall control. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter causes Chapter 13 of this title to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof.     (Code 1981, §10-13A-9, enacted by Ga. L. 2003, p. 829, § 1; Code 1981, §10-13A-10, as redesignated by Ga. L. 2016, p. 528, § 3/HB 899.)    The 2016 amendment,  effective July 1, 2016, redesignated former Code Section 10-13A-9 as present Code Section 10-13A-10; deleted former subsection (c), which read: "The first report of distributors required by subsection (a) of Code Section 10-13A-7 shall be due 30 calendar days after July 1, 2003, the certifications by a tobacco product manufacturer described in subsection (a) of Code Section 10-13A-3 shall be due 45 calendar days after such date, and the directory described in Code Section 10-13A-4 shall be published or made available within 90 calendar days after such date."; and redesignated former subsections (d) through (f) as present subsections (c) through (e), respectively.
GA Code § 10-14-1 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-1. Short Title

 This chapter shall be known as and may be cited as the "Georgia Cemetery and Funeral Services Act of 2000."    (Code 1981, §44-3-130, enacted by Ga. L. 1983, p. 1508, § 1; Code 1981, §10-14-1, as redesignated by Ga. L. 2000, p. 882, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2000, "chapter" was substituted for "article".   JUDICIAL DECISIONS   Insurance coverage for breach of perpetual care.    - When an insurer sought a declaratory judgment defining the insurer's rights and responsibilities under an insurance policy issued to an insured cemetery that was sued for desecrating a grave, the insurer was not obligated to indemnify the insured for any damages awarded on a breach of contract claim alleging a breach of a perpetual care contract regarding the grave because the insured had no duty to care for the grave absent the contract, and the policy excluded coverage for any personal injury for which the insured had assumed liability in a contract. Nationwide Mut. Fire Ins. Co. v. Somers, 264 Ga. App. 421, 591 S.E.2d 430 (2003).   Private rule prohibiting use of concrete vaults violated statute.    - Trial court did not manifestly abuse the court's discretion by entering a permanent injunction preventing a cemetery group from implementing a rule established by a private cemetery owner to prohibit the use of concrete vaults in its cemeteries because the rule violated the Georgia Cemetery and Funeral Services Act of 2000, O.C.G.A. § 10-14-1 et seq., because it was not reasonable within the context of O.C.G.A. § 10-14-16(b). Savannah Cemetery Group, Inc. v. DePue-Wilbert Vault Co., 307 Ga. App. 206, 704 S.E.2d 858 (2010).   OPINIONS OF THE ATTORNEY GENERAL   Deposits and additional fees.   - The Georgia Cemetery and Funeral Services Act, O.C.G.A. § 10 14 1 et seq., requires a cemetery to make deposits to a perpetual care trust fund based on a percentage of the sales price of any burial right, cemetery lot, grave space, niche, mausoleum, columbarium, urn, or crypt sold by a cemetery and prohibits a cemetery from charging an additional fee or add-on to the customer. 2017 Op. Att'y Gen. No. U2017-4.   RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Cemeteries, §§ 8, 9.   C.J.S.   - 14 C.J.S., Cemeteries, § 1.
GA Code § 10-14-2 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-2. Regulation of Preneed Dealers, Registrants, and Cemetery Companies; Licenses

  The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic harm if purchase money is not set aside for future use as intended by the purchaser and that the failure to maintain cemetery grounds properly may cause significant emotional distress. Therefore, it is necessary in the interest of the public welfare to regulate preneed dealers, licensees, registrants, and cemetery companies in this state. However, restrictions shall be imposed only to the extent necessary to protect the public from significant or discernible harm or damage and not in a manner which will unreasonably affect the competitive market.   Subject to certain interests of society, the legislature finds that every competent adult has the right to control the decisions relating to his or her own funeral arrangements. Accordingly, unless otherwise stated in this chapter, it is the legislature's express intent that nothing contained in this chapter should be construed or interpreted in any manner as to subject preneed contract purchasers to federal income taxation under the grantor trust rules contained in Sections 671 et seq. of the Internal Revenue Code of 1986, as amended.   Nothing herein is intended to prohibit or restrict the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter, nor to change the state of the law prior to July 1, 2000, with respect to prohibiting or restricting the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter.     (Code 1981, §10-14-2, enacted by Ga. L. 2000, p. 882, § 1.)   Cross references.   - Solicitation during final illness, § 10-1-393.7.   JUDICIAL DECISIONS   Constitutional challenges.    - Nonprofit cemetery association was unable to sustain an equal protection challenge to the Georgia Cemetery and Funeral Services Act of 2000, O.C.G.A. § 10-14-1 et seq., on the basis that the Act regulated only private cemeteries; the association, which conceded that the Act's purpose was to protect consumers and the public welfare, health, and safety, did not argue that the regulation of the private cemeteries alone would not meet the purposes intended in the Act, but rather argued that it would have been better and more efficient if the Georgia General Assembly had regulated all cemeteries rather than only those privately owned, which was not a decision for the court to make. Ga. Cemetery Ass'n v. Cox, 403 F. Supp. 2d 1206 (N.D. Ga. 2003).
GA Code § 10-14-3.1 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-3.1. Authority of Boards

 As provided in this Code section, the boards may have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State may delegate to the boards all such duties otherwise entrusted to the Secretary of State; provided, however, that the Secretary of State shall have sole authority over matters relating to the regulation of funds, trust funds, and escrow accounts and accounting and investigations concerning such matters but may delegate authority to the appropriate board for the review of such investigations and the determination as to disciplinary matters, necessary sanctions, and the enforcement of such decisions and sanctions. The State Board of Funeral Service shall have authority to promulgate rules and regulations and may be delegated the authority to make disciplinary and sanctioning decisions relating to funeral services or funeral merchandise. The State Board of Cemeterians shall have authority to promulgate rules and regulations and may be delegated the authority to make disciplinary and sanctioning decisions relating to burial services or burial merchandise. The Secretary of State may delegate to each board according to such duties and responsibilities of the boards.    (Code 1981, §10-14-3.1, enacted by Ga. L. 2006, p. 1087, § 2A/HB 910; Ga. L. 2012, p. 625, § 7/HB 933; Ga. L. 2021, p. 382, § 1/HB 354.)    The 2021 amendment,  effective May 4, 2021, in the first sentence, substituted "As provided in this Code section, the boards may" for "The boards shall" at the beginning and substituted "Secretary of State may delegate" for "Secretary of State shall delegate" near the middle; and inserted "may be delegated the authority to" in the second and third sentences.
GA Code § 10-14-5.1 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 14 - Cemetery and Funeral Services|§ 10-14-5.1. Relationship Between Life Insurance and Funeral Establishment

 Any individual engaged in the sale of life insurance shall not use the name of any funeral establishment or any price list which identifies the funeral establishment or any reference to a funeral establishment or crematory in connection with the sale of life insurance without the express written authorization of the funeral establishment. When a preneed funeral contract is funded by a life insurance policy, the funeral establishment shall be designated as the assignee of the death benefit payable under the policy in accordance with the terms of the preneed contract.    (Code 1981, §10-14-5.1, enacted by Ga. L. 2012, p. 625, § 10/HB 933.)