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Topic: Grandfather clause


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In the News (Mon 16 Nov 09)

  
  Grandfather Clause -- Recommendations and Resources   (Site not responding. Last check: 2007-11-03)
In the United States, a grandfather clause is an exception which allows something pre-existing to remain as it is, despite a change to the contrary in the rules applied to newer situations.
It is often used as the verb "to grandfather" or alternatively, as "grandfather clause." Often, such a provision is used as a compromise, to effect new rules without upsetting a well-established physical or political situation.
Grandfather clauses are limited by the logical contingencies that drive them; there's one in the US constitution about who can be elected president (it's not just the native born).
www.becomingapediatrician.com /health/63/grandfather-clause.html   (946 words)

  
 Land Use Laws and Grandfather Clauses - Maine Townsman - May 1991   (Site not responding. Last check: 2007-11-03)
A grandfather clause is a provision of law that exempts certain persons or pre-existing conditions from the scope of a regulation or requirement.
As a result, the grandfather clause was held to apply, but so too its merger provision which compelled the landowner to combine an undersized lot with an adjoining one and precluded a building permit.
Because grandfather clauses are each unique to the ordinances they serve, however, it is vital that they be thoughtfully drafted and carefully construed, for while Maine courts have generally interpreted such provisions rather strictly, they will not read into them requirements of restrictions that are not there.
www.memun.org /SchoolsProject/html/Resources/zoning/land_useGrandf.htm   (1726 words)

  
 Grandfather clause   (Site not responding. Last check: 2007-11-03)
In the United States a grandfather clause is an exception which allows something to remain as it is despite a to the contrary in the rules applied newer situations.
It is often used as verb "to grandfather" or "grandfather in " as "grandfather clause." Often such a provision used as a compromise to effect new rules without upsetting well-established physical or political situation.
Zoning laws often grandfather in existing buildings other uses such as when an area rezoned from residential to commercial and the home on the lot need not be down or converted.
www.freeglossary.com /Grandfather_clause   (584 words)

  
 [No title]
Pursuant to the grandfather clause, Presidents Carter and Reagan have in every year since 1978 determined that it is in the national interest to continue the exercise of TWEA authorities with respect to Cuba, North Korea, Vietnam, and Cambodia.
It concluded that the grandfather clause did not authorize the 1982 amendment to the 1977 general license, that the government had failed to follow IEEPA procedures in amending that regulation, and that the amended regulation was therefore invalid.
The court of appeals' holding that the grandfather clause did not authorize the 1982 amendment to the 1977 general license was based on its conclusion that on July 1, 1977, the Treasury Department was "not restricting travel to Cuba" (Pet.
www.usdoj.gov /osg/briefs/1983/sg830110.txt   (14998 words)

  
 Precedents of Bruce Draconarius of Mistholme: Grandfather Clause
Clause." [BoE, 6 April 86] Then too, when the present Rules were adopted, many of the fielded badges in the AandO (which, when registered, needed only 1 point from mundane armory) were suddenly in technical conflict.
But "the Grandfather Clause cannot apply in cases where the submitted arms have a conflict to which the original device would not be subject.
It was decided that the Grandfather Clause would permit the Barony to continue to use their "flaming laurel wreath" [On an annulet of flame Or a laurel wreath vert], but not necessarily any flaming charge.
www.sca.org /heraldry/laurel/precedents/bruce/grandfather.html   (1725 words)

  
 [No title]
The grandfather clause in Article X, Section 6(f), of the 1971 Constitution of Virginia provides that all property exempt from taxation on the effective date of this section shall continue to be exempt until otherwise provided by the General Assembly as herein set forth.
The grandfather clause preserved this exemption, Children argues, for the personal property it acquired after July 1, 1971, and presently uses in its charitable activities.
Subsection B is the legislative disposition anticipated in the grandfather clause, which "otherwise provided" for the exemptions initially addressed and preserved by the grandfather clause.
www.courts.state.va.us /txtops/1950441.txt   (1295 words)

  
 [No title]
Coch- ran, while she admitted of an incomplete recollection, re- called that the grandfathered clause was discussed in meetings at the worksite and that she was told that new employees and employees transferring into the business office would be covered by the union-security clause.
The factors to consider In the instant case, although Cochran was aware in 1985 of her unit accretion and the existence of a contrac- tual union-security clause with a grandfather provision, there is no evidence that during the course of the events in question herein, she actively sought to evade a per- ceived union-security obligation.
As was discussed supra, I have also found that Cochran had been sufficiently noti- fied of the existence of the union-security clause and the grandfather provisions so that she had a duty to inquire regarding the applicability of the exemption provisions of the grandfather clause to her transfer in 1985.
www.nlrb.gov /nlrb/shared_files/decisions/295/295-196.txt   (4762 words)

  
 Grandfather Clause Law and Legal Definition - USlegalforms.com
Grandfather clause is a contractual or statutory provision exempting persons or other entities already engaged in an activity from rules or legislation affecting that activity.
A grandfather clause allows the current status of something pre-existing to remain unchanged, despite a change in policy which applies in the future.
Whether a pre-existing use will be grandfathered into a new zoning regulation disallowing such uses depends on a variety of factors and political influences, so there is no definitive rule on whether a particular use will be grandfathered into the new regulation.
www.uslegalforms.com /legaldefinitions/g/grandfather-clause.php   (437 words)

  
 What is a Grandfather Clause?
A grandfather clause is an exemption which allows current businesses or property owners to continue operating under the previous laws.
The current usage of the term grandfather clause is fairly benign, but the history behind the phrase is not.
Grandfathering may not remove a current point of contention, but the new laws and regulations can make sure it is the last of its kind.
www.wisegeek.com /what-is-a-grandfather-clause.htm   (408 words)

  
 Grandfather clause - Wikipedia, the free encyclopedia
In American English, a Grandfather clause is an exception that allows an old rule to continue to apply to some existing situations, when a new rule will apply to all future situations.
The original grandfather clauses were contained in the Jim Crow laws used from 1890 to 1910 in much of the Southern United States to prevent fls, Native Americans and certain whites from voting.
In NASCAR, grandfather clause protection refers to Alltel, Cingular, and Samsung and RadioShack (for a race at Texas Motor Speedway) (all three parties had been regular sponsors in NASCAR's then-Winston Cup Series since 2002), in reference to a prohibition on NASCAR sponsorships in the Nextel Cup Series established on June 19, 2003.
en.wikipedia.org /wiki/Grandfather_clause   (764 words)

  
 LawKT.com: Law Firm Publications on Grandfather Clause
There is a limited grandfather clause for the continued use of inventory that is on the market as of the Directive's implementation deadline of July 1, 2006, so long as existing spare parts are used only to repair old EEE rather than to create new EEE.
Finally, the Act contains a “grandfather clause” under which a company with a preexisting policy or practice that conflicts with the law may continue to use social security numbers in ways that would violate the Act as long as its practice is continuous.
Senator Corzine is apparently considering a "grandfather" clause for companies that have already begun working to address these issues that would allow them to submit their security plans to EPA for approval before the regulations are published.
www.lawkt.com /pubs/Grandfather_Clause.html   (3465 words)

  
 AGC Legislative Information - S. 1053, EPA's "grandfather clause"
The "grandfather clause" had permitted highway projects that were included in state transportation plans that met clean air conformity standards to go forward.
Holding: Nullifies the Environmental Protection Agency's "grandfather clause." The "grandfather clause" had allowed highway projects that were included in state transportation plans that did not meet clean air conformity standards to go forward.
The case was essentially decided when the EDF decision vacated the "grandfather clause." After this decision, the outstanding issues included environmental justice claims and complaints about the Atlanta area transportation planning process.
www2.agc.org /Legislative_Info/grandfather.asp   (1848 words)

  
 Reading the Fine Print: The Grandfather Clause in Louisiana
Between 1889 and 1913, nine states outside the South added restrictions requiring voters to read English, and ostensible reforms like the secret ballot were often directed at pushing out foreign-born and illiterate voters.
One form of voting restriction aimed specifically at African Americans was the Grandfather clause that allowed men to register to vote only if they could have voted in 1867 (before African Americans were allowed to vote in the South) or descended from an 1867 voter.
This excerpt from the Louisiana law of 1898 was typical of many such restrictions.
historymatters.gmu.edu /d/5352   (339 words)

  
 Grandfather clause   (Site not responding. Last check: 2007-11-03)
A "Grandfather Clause" for House Bill 110 is still being considered by the Pension Laws Commission.
The clause will add a provision to the bill which will make state employees hired before January 1998 exempt from the new pension plan.
All employees who would like to see the clause added to House Bill 110 are being asked by Kurt Newmann of SIUE Food Services to show their support by writing Governor Jim Edgar.
www.siue.edu /ALESTLE/library/fall1997/nov.04.97/bill.html   (122 words)

  
 Grandfather Clause
Since the imposition of those requirements also could impact the number of poor whites voting, Southern legislatures introduced the “grandfather clause," which exempted voters from the restrictions if their grandfathers had voted.
It was not until 1915 that the grandfather clauses were voided by the Supreme Court as a violation of the 15th Amendment.
Memorabilia related to Grandfather Clause is at auction on eBay.
www.u-s-history.com /pages/h426.html   (277 words)

  
 African American Registry: "Grandfather Clause" enacted
The Grandfather Clause was a legal or constitutional mechanism passed by seven Southern states between during reconstruction (from 1895 to 1910) to deny suffrage to Black Americans.
Because the former slaves were not granted that right until the adoption of the Fifteenth Amendment in 1870, these clauses worked effectively to exclude Blacks from voting and assured the vote of many impoverished and illiterate whites.
In 1915 the Supreme Court declared the grandfather clause unconstitutional because it violated equal voting rights guaranteed by the Fifteenth Amendment.
www.aaregistry.com /african_american_history/1951/Grandfather_Clause_enacted   (143 words)

  
 [No title]
A tenuous linkage of the grandfather clause to the women's suffrage issue might be inferred from one of Crosby's comments early in the campaign.
Confusion and doubt that the grandfather clause would pre- serve the white franchise was magnified by the reach of the property requirements.
The use of grandfather clauses to effectuate fl disfran- chisement had been a subject of debate in legal and academic cir- cles since their inception before the turn of the century.
fulltext.fcla.edu /DLData/CF/FullText/fhq_74_2.txt   (19061 words)

  
 Highbeam Encyclopedia - Search Results for grandfather clause   (Site not responding. Last check: 2007-11-03)
grandfather clause GRANDFATHER CLAUSE [grandfather clause] provision in constitutions (adopted 1895-1910) of seven post-Reconstruction Southern states that exempted those persons who had been eligible to vote on Jan. 1, 1867, and their descendants from rigid economic and literacy requirements for voting.
Find newspaper and magazine articles plus images and maps related to "grandfather clause" at HighBeam.
Analysis: Grandfather clauses and how politicians use them in some laws they write
www.encyclopedia.com /articles/05299.html   (408 words)

  
 Process Engineering | Can you safely grandfather your Safety Instrumented Systems? | Chemical Processing
This grandfather clause is similar to the one contained in S84.01-1996, which was developed by the ISA SP84 committee to document the instrumentation-and-controls lifecycle associated with the U.S. Occupational Safety and Health Administration’s 1910.119 Process Safety Management regulation.
It is important to recognize that the grandfather clause only addresses the SIS devices that were installed and commissioned prior to the issuance of S84.01-2004.
The first step in addressing the grandfather clause is the development of a method for “determining” the applicability of the grandfather status of the SIS.
www.chemicalprocessing.com /articles/2005/521.html   (1702 words)

  
 Declare Economic Grandfather Clause Unconstitutional
The economic grandfather clause is defined and illustrated in Panel B of the Table as the Prescription for Failure.
By removing the economic grandfather clause the race war can be won by restoring parity of economic rights of the races just like the Civil Rights Act of 1965 restored parity of voting rights of the races.
However only those who are slaves to white ideology argue that a proof by we scientists that the race war is being won with a computerized economic grandfather clause is invalid because the proof cannot be verified or validated with the methods of non-scientists.
www.happybob.com /econjustice/articles/bapacppr.htm   (3930 words)

  
 [No title]
The trial court held that the Property was protected by the “grandfather clause” in Code § 59.1-21.16:2(E) and entered judgment in favor of Crown.
Divorcement Clause and Grandfather Clause Code § 59.1-21.16:2(A), referred to as the “divorcement clause,” “prohibits a producer or refiner of petroleum products from operating a retail gasoline outlet within one and one-half miles of a retail outlet operated by a franchised dealer.” Beach Robo, Inc. v.
The evidence was therefore insufficient to sustain Crown’s burden of proof that its predecessor, Eastates, qualified under the “grandfather clause” for exclusion from the “divorcement clause.” IV.
www.courts.state.va.us /opinion/1000216.doc   (1313 words)

  
 Is Your SIS "Grandfathered"
Even if the existing SIS design is accepted under the "grandfather" clause, it is important to note that the documentation, training, and other such requirements of the standards are not waived.
Other important factors that should be considered when determining the applicability of the "grandfather" clause are the implications associated with the general duty provisions of both the EPA and OSHA.
By using the shelter of the "grandfather" clause to avoid bringing existing systems into full compliance with the S84.01 standard, companies may be at risk of penalty for failing to fulfill the responsibilities of the general duty clause.
www.iceweb.com.au /sis/grandfather.htm   (2571 words)

  
 Wordorigins.org: Letter G   (Site not responding. Last check: 2007-11-03)
A grandfather clause is one that allows someone who previously had the right to do something to continue doing it even though the law forbids it to others.
This was race-neutral except for clauses in the state constitutions that exempted someone from poll taxes or literacy tests if their grandfather had had the right to vote.
This meant that virtually all whites, whose grandfathers could vote before the imposition of these laws, were allowed to vote, while most fls were denied the right to vote.
www.wordorigins.org /wordorg.htm   (3770 words)

  
 Process Automation | ANSI/ISA standard affects existing SISs | Control Global
This grandfather clause is similar to the one contained in S84.01-1996, which was developed by the ISA SP84 committee to document the instrumentation and controls lifecycle associated with OSHA 1910.119 Process Safety Management.
The first step in addressing the grandfather clause is the development of a method for “determining and documenting” the applicability of the grandfather status of the SIS.
Once an owner/operator determines that the existing SIS does not meet the intent of the grandfather clause (i.e., “…the equipment is designed, maintained, inspected, tested, and operating in a safe manner”), there should be a defined decision making process to address the identified deviations.
www.controlglobal.com /articles/2005/456.html   (1947 words)

  
 Grandfather clause (via CobWeb/3.1 planetlab2.cs.virginia.edu)   (Site not responding. Last check: 2007-11-03)
The FCC has required all radio stations licensed in the United States since the 1930s to have four-letter callsigns starting with a W (for stations east of the Mississippi River) or a K (for stations west of the Mississippi River).
However, stations with three-letter callsigns and stations west of the Mississippi River starting with a W (plus KDKA, KQV and KYW in Pennsylvania) licensed before the 1930s have been permitted to keep their callsigns.
The source of the term grandfather clause were the Jim Crow laws used from 1895 to 1910 in seven of the southern U.S. states to prevent fls, Native Americans and whites of non-British descent from voting.
grandfather-clause.iqnaut.net.cob-web.org:8888   (535 words)

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