reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-3 - Applicability to electronic records and signatures relating to a transaction

(a)
Except as otherwise provided in subsection (b) of this Code section, this chapter shall apply to electronic records and electronic signatures relating to a transaction.
(b)
This chapter shall not apply to a transaction to the extent it is governed by:
(1)
A law governing the creation and execution of wills, codicils, or testamentary trusts;
(2)
Title 11 other than Code Section
11-1-306
, Article 2, and Article 2A; or
(3)
The Uniform Computer Information Transactions Act.
(c)
This chapter shall apply to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) of this Code section to the extent it is governed by a law other than those specified in subsection (b) of this Code section.
(d)
A transaction subject to this chapter shall also be subject to other applicable substantive law.
(e)
A governmental agency which is a party to a transaction subject to this chapter shall also be further subject to the records retention requirements for state and local government records established by state law.
Amended by 2015 Ga. Laws 167,§ 3C-4, eff. 1/1/2016.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-4 - Applicability to electronic records and signatures created on or after July 1, 2009

This chapter shall apply to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2009.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
Amended by 2007 Ga. Laws 48,§ 4, eff. 7/1/2007.
Amended by 2006 Ga. Laws 453,§ 10, eff. 4/14/2006.
Amended by 2001 Ga. Laws 301, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-5 - Chapter does not create requirement for electronic transactions; determination as to whether parties intend to conduct electronic transactions

(a)
This chapter shall not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b)
This chapter shall apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c)
A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection shall not be waived by agreement.
(d)
Except as otherwise provided in this chapter, the effect of any of this chapter's provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, shall not imply that the effect of other provisions may not be varied by agreement.
(e)
Whether an electronic record or electronic signature has legal consequences shall be determined by this chapter and other applicable laws.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-6 - Construction and applicability

This chapter shall be construed and applied:
(1)
To facilitate electronic transactions consistent with other applicable laws;
(2)
To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3)
To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-7 - Legal effect of electronic records or signatures

(a)
A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form.
(b)
A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c)
If a law requires a record to be in writing, an electronic record shall satisfy the law.
(d)
If a law requires a signature, an electronic signature shall satisfy the law.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-8 - Ability to retain, store, and print electronic records; requirements for posting and display of records; variation by agreement

(a)
If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement shall be satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b)
If a law other than this chapter requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner, the following rules shall apply:
(1)
The record shall be posted or displayed in the manner specified in the other law;
(2)
Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the record shall be sent, communicated, or transmitted by the method specified in the other law; and
(3)
The record shall contain the information formatted in the manner specified in the other law.
(c)
If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record shall not be enforceable against the recipient.
(d)
The requirements of this Code section shall not be varied by agreement, but:
(1)
To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this Code section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2)
A requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid, or by regular United States mail may be varied by agreement to the extent permitted by the other law.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-9 - Attributing electronic record or signature to particular person; effect of attributing electronic record or signature to a person

(a)
An electronic record or electronic signature shall be attributable to a person if such record or signature was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to whom the electronic record or electronic signature was attributable.
(b)
The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this Code section shall be determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-10 - Rules applicable when change or error in electronic record occurs

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules shall apply:
(1)
If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;
(2)
In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A)
Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B)
Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C)
Has not used or received any benefit or value from the consideration, if any, received from the other person;
(3)
If neither paragraph (1) nor paragraph (2) of this Code section applies, the change or error shall have the effect provided by other law, including the law of mistake, and the parties' contract, if any; and
(4)
Paragraphs (2) and (3) of this Code section shall not be varied by agreement.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-11 - Satisfaction of notarization, acknowledgement, verification or oath requirement

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, such requirement shall be satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-12 - Retention of electronic records

(a)
If a law requires that a record be retained, such requirement shall be satisfied by retaining an electronic record of the information in the record which:
(1)
Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2)
Remains accessible for the retention period required by law.
(b)
A requirement to retain a record in accordance with subsection (a) of this Code section shall not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c)
A person may satisfy subsection (a) of this Code section by using the services of another person if the requirements of that subsection are satisfied.
(d)
If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this Code section.
(e)
If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this Code section.
(f)
A record retained as an electronic record in accordance with subsection (a) of this Code section shall satisfy a law requiring a person to retain a record for evidentiary, audit, or like purposes unless a law enacted after July 1, 2009, specifically prohibits the use of an electronic record for the specified purpose.
(g)
This Code section shall not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
(h)
This Code section shall not preclude the Georgia Technology Authority from specifying additional technology requirements in accordance with Code Section
50-25-4
.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-13 - Record or signature evidence not to be excluded solely on the basis of electronic format

In a proceeding, evidence of a record or signature shall not be excluded solely because it is in electronic form.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-14 - Rules for automated transactions

In an automated transaction, the following rules shall apply:
(1)
A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;
(2)
A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and
(3)
The terms of the contract are determined by the substantive law applicable to the contract.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-15 - Sending and receipt of electronic records

(a)
Unless otherwise agreed between the sender and the recipient, an electronic record is sent when:
(1)
It is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2)
It is in a form capable of being processed by that system; and
(3)
It enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b)
Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1)
It enters an information processing system that the recipient has designated or uses for receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2)
It is in a form capable of being processed by that system.
(c)
Subsection (b) of this Code section shall apply even if the information processing system is located in a different place than the electronic record is deemed to be received under subsection (d) of this Code section.
(d)
Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules shall apply:
(1)
If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction; and
(2)
If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e)
An electronic record is received under subsection (b) of this Code section even if no individual is aware of its receipt.
(f)
Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this Code section shall establish that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g)
If a person is aware that an electronic record purportedly sent under subsection (a) of this Code section, or purportedly received under subsection (b) of this Code section, was not actually sent or received, the legal effect of the sending or receipt shall be determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection shall not be varied by agreement.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-17 - Agency creation and retention of electronic records; conversion of written records to electronic records

Each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 10-12-18 - Each government agency to determine extent of electronic record utilization; specifications for use

(a)
Except as otherwise provided in subsection (f) of Code Section
10-12-12
, each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b)
To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a) of this Code section, the governmental agency, giving due consideration to security, may specify:
(1)
The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2)
If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature shall be affixed to the electronic record, and the identity of, or criteria that shall be met by, any third party used by a person filing a document to facilitate the process;
(3)
Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4)
Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c)
Except as otherwise provided in subsection (f) of Code Section
10-12-12
, this chapter shall not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 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.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 10-12-1 — 10-12-20) › Section 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)
.
Amended by 2009 Ga. Laws 141,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 13 - TOBACCO PRODUCT MANUFACTURERS (§§ 10-13-1 — 10-13-4) › Section 10-13-1 - Legislative findings; Master Settlement Agreement

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 13 - TOBACCO PRODUCT MANUFACTURERS (§§ 10-13-1 — 10-13-4) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 13A - ENFORCEMENT OF TOBACCO REGULATION (§§ 10-13A-1 — 10-13A-10) › Section 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.
Added by 2003 Ga. Laws 367, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 13A - ENFORCEMENT OF TOBACCO REGULATION (§§ 10-13A-1 — 10-13A-10) › Section 10-13A-4 - Directory available via Internet; requirements for inclusion and maintenance; e-mail requirement for distributor

(a)
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
.
(b)
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.
(c)
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:
(1)
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
(2)
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.
(d)
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.
(e)
Every distributor shall provide and update as necessary an email address to the Attorney General for the purpose of receiving any notifications as may be required by this chapter.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Amended by 2016 Ga. Laws 472,§ 3, eff. 7/1/2016.
Added by 2003 Ga. Laws 367, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 13A - ENFORCEMENT OF TOBACCO REGULATION (§§ 10-13A-1 — 10-13A-10) › Section 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.
Amended by 2016 Ga. Laws 472,§ 3, eff. 7/1/2016.
Added by 2003 Ga. Laws 367, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 13A - ENFORCEMENT OF TOBACCO REGULATION (§§ 10-13A-1 — 10-13A-10) › Section 10-13A-7 - Bond from nonparticipating manufacturers; escrow

(a)
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.
(b)
The amount of the bond shall be the greater of:
(1)
Fifty thousand dollars; or
(2)
The highest amount of escrow owed in Georgia by the nonparticipating manufacturer or its predecessor in the last 12 quarters.
(c)
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.
Added by 2003 Ga. Laws 367, § 1, eff. 7/1/2003.
Renumbered as §
10-13A-8
by 2016 Ga. Laws 472,§ 3, eff. 7/1/2016.
Added by 2003 Ga. Laws 367, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 13A - ENFORCEMENT OF TOBACCO REGULATION (§§ 10-13A-1 — 10-13A-10) › Section 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)
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."
(b)
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.
(c)
The Attorney General may promulgate rules and regulations necessary to effect the purposes of this chapter.
(d)
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.
(e)
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.
Renumbered from §
10-13A-9
and amended by 2016 Ga. Laws 472,§ 3, eff. 7/1/2016.
Added by 2003 Ga. Laws 367, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 13B - [STATE-WIDE OPIOID SETTLEMENT AGREEMENT] (§§ 10-13B-1 — 10-13B-3) › Section 10-13B-1 - Legislative findings

The General Assembly finds that:
(1)
There is an opioid epidemic occurring in the United States, and the State of Georgia has been greatly impacted;
(2)
State-wide coordination surrounding and managing opioid addiction and related disorders is critical to the health and safety of all Georgians;
(3)
Funding is needed in the state for, among other things, prevention and treatment of opioid addiction and related disorders; providing resources to law enforcement agencies to address the opioid crisis; increasing the number of professionals who provide treatment for opioid addiction; educating medical professionals regarding the safe and effective prescribing of, and then tapering off of, opioids; and treatment and prevention of opioid use disorder in incarcerated populations;
(4)
It is imperative that the state receive the full amount of any opioid settlement, and in order to do so, the state must be able to release claims for all state and local public bodies and instrumentalities in the state; and
(5)
While local governments generally have the authority to pursue and litigate claims against businesses and individuals to protect their own interests, in certain limited circumstances involving particular industries, the interests of the state as a whole are best served by having a unified settlement structure that benefits both the state and its local governments and brings full and complete closure to the claims that were asserted or could have been asserted and maximizes the state and local governments' potential recovery to address this extraordinary crisis.
Added by 2022 Ga. Laws 729,§ 1, eff. 5/2/2022.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 13B - [STATE-WIDE OPIOID SETTLEMENT AGREEMENT] (§§ 10-13B-1 — 10-13B-3) › Section 10-13B-2 - Definitions

As used in this chapter, the term:
(1)
"Governmental entity" means:
(A)
This state and each of its departments, agencies, divisions, boards, commissions, authorities, and instrumentalities; and
(B)
A political subdivision or creation of this state, including a county, municipality, special district, county and independent school systems, community service board, authority, any county or state officeholder, and any other public officeholder or public entity that has asserted or could assert a claim for damages as a result of the manufacture, marketing, sale, dispensing, or distribution of opioids.
(2)
"Released claim" means a claim by a governmental entity that has been or could have been released under a state-wide opioid settlement agreement.
(3)
"Released entity" means an entity against which a claim has been released under a state-wide opioid settlement agreement.
(4)
"State-wide opioid settlement agreement" means any settlement agreement and related documents that:
(A)
Are entered into by this state through the Attorney General with opioid manufacturers, distributors, retailers, labelers, marketers, pharmacies, or other entities concerning the use or prescription of opioid products;
(B)
Relate to illegal or tortious conduct in the manufacturing, marketing, promotion, sale, distribution, or dispensing of opioids;
(C)
Are entered into by the State on or after March 31, 2021;
(D)
Provide a mechanism which permits governmental entities to join into such settlement agreement; and
(E)
Are the subject of a memorandum of understanding or similar agreement entered into by both the Attorney General and at least 65 percent of the governmental entities which have active and pending litigation against one or more released entities identified in the settlement agreement as of the date when governmental entities are first permitted to join such settlement agreement.
Added by 2022 Ga. Laws 729,§ 1, eff. 5/2/2022.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 13B - [STATE-WIDE OPIOID SETTLEMENT AGREEMENT] (§§ 10-13B-1 — 10-13B-3) › Section 10-13B-3 - Bar to litigation by state-wide opioid settlement; exception; effective date

(a)
Entry into a state-wide opioid settlement agreement shall serve to bar any and all past, present, or future claims on behalf of any governmental entity seeking to recover against any business or person that is a released entity under the terms of the relevant settlement. Such bar shall apply to any and all released claims or suits by any governmental entity created by or pursuant to an Act of the General Assembly, the Constitution, or any department, agency, or authority thereof, for damages, abatement, injunctive, or any other relief. No such claim barred by this Code section shall be brought, threatened, asserted or pursued in any way in any court, and any such claim shall be dismissed by the court in which the claim is brought.
(b)
The bar provided for in subsection (a) of this Code section shall not apply to a bellwether claim of any governmental entity, provided that such claim:
(1)
Is brought in the proceedings titled
In re: National Prescription Opiate Litigation
, Case No.: MDL 2804 as bellwether claims that are to be tried in a bellwether trial;
(2)
Is selected by the court in
In re: National Prescription Opiate Litigation
, Case No.: MDL 2804 as a bellwether claim to be tried in a bellwether trial; and
(3)
Is brought against defendants selected as bellwether defendants in a bellwether trial.
(c)
The bar provided for in subsection (a) of this Code section shall become active and effective upon the filing of a consent order by the state that attests to and evidences that a state-wide opioid settlement agreement has been reached, and that the parameters of this chapter have been met.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Added by 2022 Ga. Laws 729,§ 1, eff. 5/2/2022.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-1 - Short title

This chapter shall be known and may be cited as the "Georgia Cemetery and Funeral Services Act of 2000."
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-2 - Regulation of preneed dealers, registrants, and cemetery companies; licenses

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 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.
Amended by 2021 Ga. Laws 189,§ 1, eff. 5/4/2021.
Amended by 2012 Ga. Laws 637,§ 7, eff. 7/1/2012.
Added by 2006 Ga. Laws 944,§ 2A, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 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.
Added by 2012 Ga. Laws 637,§ 10, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-8 - Prohibition of certain persons from employment; notice and hearing; emergency orders

(a)
The Secretary of State, by order, may prohibit a person who is an employee, officer, independent contractor, or other agent directly involved in the sale of burial rights, burial or funeral merchandise, or burial or funeral services from employment or other association with a registrant under this chapter if the Secretary of State finds that such is in the public interest and that said person:
(1)
Has willfully made or caused to be made, in any documents filed with the Secretary of State under this chapter, or in any hearings conducted by the Secretary of State, any statement which, at the time and in the light of the circumstances under which it was made, was false or misleading with respect to any material fact, or has willfully omitted to state in any application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading;
(2)
Has willfully violated or willfully failed to comply with any provision of this chapter or a predecessor law or any regulation or order promulgated or issued under this chapter or any predecessor law;
(3)
Has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony;
(4)
Has engaged in any unethical or dishonest practices in the funeral or cemetery business; or
(5)
Is permanently or temporarily enjoined, suspended, or barred by any court of competent jurisdiction or by any state or other jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the funeral or cemetery business.
(b)
Where the Secretary of State finds that there are grounds for the prohibition from employment provided in this Code section, he or she may issue an order prohibiting an employee, officer, independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions from employment with a registered cemetery or preneed dealer. Such an order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section
10-14-23
and until the Secretary of State shall issue a written order in accordance with Code Section
10-14-23
; but the Secretary of State may, if he or she finds that the public safety or welfare requires emergency action, immediately issue an order prohibiting such person from such employment. Such an order of immediate prohibition will expire automatically if the Secretary of State fails to afford notice and opportunity for hearing pursuant to Code Section
10-14-23
.